CHAPTER 624

An Act to authorize the State Hospital Board with the consent of the
Governor to exchange certain real estate for other real estate now
federally owned.

[S 264]

Approved April 3, 1962

Be it enacted by the General Assembly of Virginia:
1. § 1. Notwithstanding the provisions of §§ 37-34.2:2 through 37-34.2:7
of the Code of Virginia the State Hospital Board, with the consent of the
Governor in writing, is authorized to convey, by proper deed or other
instrument, to the United States of America and its assigns, the following
described real estate located in the Namozine District, Dinwiddie County,
Virginia.
PARCEL A

Beginning at a point 634.02 ft. from the west right of way line of the
Seaboard Air Line Railway, said point being in the northern line of
Boydton Plank Road, Highway No. 142, with the 634.02 ft. measured
along the said northern line of Highway No. 142; N. 84° 37’ 27” W. 367.22
ft.; N. 86° 15’ 27” W., 164.35 ft.; N. 89° 56’ 27” W., 102.45 ft.; thence
S. 86° 39’ 33” W., 927.53 ft. to a point opposite the entrance into Fort
Gregg; thence S. 85° 44’ 33” W., 712.55 ft. to a point in the northern line
of Boydton Plank Road with its intersection with the northwestern line
extended of Church Road, Highway No. 672; thence 8. 83° 43’ 33” W.,
62.17 ft. to a point; thence S. 78° 33’ 33” W., 296.05 ft. to a point in the
Central State Hospital line; thence N. 4° 57’ 44” W., 784.95 ft. along the
Central State Hospital line to its intersection with the southern line of the
Richmond-Petersburg Turnpike; thence along the Turnpike line N. 89°
13’ 33” E., 89.34 ft. to a point; thence N. 87° 47 32” E., 400.13 ft. to a
point; thence S. 89° 57’ 38” E., 352.04 ft. to a point; thence N. 86° 02’ 42”
E., 270.31 ft. to a point; thence following a 5809.58 ft. radius curve to the
left for 928.41 ft. to a point; thence S. 6° 24’ 43” E., 727.92 ft. to the point
of beginning, and containing 32.3 acres, more or less, of which the 3.3 acres
occupied by Fort Gregg and already owned by the United States of America
is not subject to this conveyance.

PARCEL B

Beginning at a point in the southern right-of-way line of Boydton
Plank Road with its intersection with the northwestern line of Church
Road; thence S. 78° 33’ 33” W. 270.72 ft. to a point in the line of the
Central State Hospital property ; thence S. 4° 57’ 44” E. 147.05 ft. to a point
in the northwest line of Church Road Highway 672; thence along the north-
western line of Church Road N. 54° 07’ 33” E. 317.15 ft. to a point near its
intersection with the southern line of Boydton Plank Road; thence 15.15 ft.
to the point of beginning, and containing 0.5 acres, more or less.

§ 2. Such deed or other instrument shall not be delivered unless and
until simultaneously with its delivery, a deed or other instrument in writing
is delivered to the Board by the United States of America, conveying to
the Commonwealth of Virginia the following described real estate for
highway purposes:

PARCEL A

Being as shown on Sheet Nos. 3, 4, and 5 of the plans for Route 36,
State Highway Project 0036-074-101, and lying on both sides of and adja-
cent to the survey centerline of present Route 36, from the lands of Walter
R. Saunders and Robert J. D. Johnson at approximate Station 1324-23 to
the lands of George G. Burkhardt at approximate Station 162+ 42, thence
lying on the south side of and adjacent to the survey centerline of present
Route 36, from the last said Station to the lands of Fort Lee at approximate
Station 166+ 50, also lying on the north side of the proposed westbound
lane centerline and adjacent to the lands of George G. Burkhardt, Emanuel
S. Bonfanti, Tremarco Corporation and C. P. Panagakos, from the lands of
the landowner at approximate Station 162-42 to the lands of Fort Lee
opposite approximate Station 169+-05, and containing 12.40 acres, more
or less; together with the permanent right and easement to use such addi-
tional areas as may be necessary for the proper construction and mainte-
nance of two outlet ditches left of approximate eastbound lane centerline
Station 141+-12 and right of approximate eastbound lane centerline Sta-
tion 160+ 76.

§ 3. Title to the land so obtained shall be taken in the name of the
Commonwealth of Virginia, and shall be under the control of the State
Highway Commission.

2. An emergency exists, and this act is in force from its passage.
An Act to amend and reenact §§ 18.1-55 and 18.1-59 of the Code of
Virginia, relating to consent for the taking of blood samples and how
such consent shall be implied; testing same for alcoholic content; con-
sequence of refusal of consent; suspension of driving privileges and
appeal to circuit or corporation court; administration of test;
cost; evidentiary effect of test; and term of suspension of such priv-
ilege and license under certain circumstances.

[H 405]

Approved April 3, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.1-55 and 18.1-59 of the Code of Virginia be amended
and reenacted and that the Code of Virginia be amended by adding a new
roel numbered 46.1-430.1, the amended and new sections being as
ollows:

§ 18.1-55. * (a) As used in this section “license” means any opera-
tor’s, chauffeur’s or learner’s permit authorizing the operation of a motor
vehicle upon the highways.

(b) Any person, whether licensed by Virginia or not, who operates
a motor vehicle upon a public highway in this State on and after July
one, nineteen hundred sixty-two, shall be deemed thereby to have agreed
as a condition of such operation to consent to, and shall be entitled to, have
a sample of his blood taken for a chemical test to determine the alcoholic
content thereof if he is arrested for a violation of § 18.1-54 or of a similar
ordinance of any county, city or town within two hours of the alleged
offense and in compliance with all the provisions of §§ 18.1-55 through
18.1-59. If the person arrested refuses to permit the taking of blood for
such test, then the arresting officer forthwith shall take the person
arrested before a committing magistrate who shall comply with the pro-
visions of this section applicable to a committing magistrate, but if the
person arrested does not refuse to permit the taking of blood, or having
refused, thereafter and within two hours of the time of arrest requests
that a blood sample be taken, the person arrested shall be entitled to the
benefit of such test. It then shall be the duty of the arresting officer, or
whoever has custody of the person arrested at the time such request is
made, forthwith to carry the person arrested to a person qualified under
this section to withdraw the blood sample.

(c) Only a physician, registered professional nurse or graduate labo-
ratory technician, using some type of a cleanser or sterilizer for the
instruments used and for the part of the body from which the blood 1s
taken, other than alcohol or other substance which might in any way
affect the accuracy of the test, shall withdraw blood for the purpose of
determining the alcoholic content therein; where practicable, the physician
of such person’s choice shall withdraw said blood. The blood sample shall
be placed in * each of two sealed containers provided by the Chief Medical
Examiner. Upon completion of taking of the sample, the containers * shall
be resealed in the presence of the accused after calling the fact to his
attention. The containers shall be especially equipped with a sealing device,
sealed so as not to allow tampering, labelled and identified showing the
person making the test, the name of the accused, the date and time of
taking. * One sample shall then be delivered by the person who withdrew
it to the police officer for transporting or mailing to the Chief Medical
Examiner; and the other sample shall be delivered to the person accused,
or uf he is unable by reason of physical or mental disability to receive it,
to the accused or the attorney for the accused within a twenty-four hour
period following the withdrawal of the blood, and the accused, or the
attorney for the accused, shall deliver by transporting or by mailing the
same to a laboratory supervised by a pathologist or a laboratory approved
by the State Health Commissioner as one having sufficient equipment and
personnel competent to make such test for testing in the same manner as
hereinafter set forth as procedure to be followed by the Chief Medical
Examiner, and provided further that all procedures established herein
for use in transmittal, testing and admission of results in trial of the case
for the sample sent to the Chief Medical Examiner shall apply to sample
sent by or on behalf of the accused to an approved testing laboratory.
Upon receipt of the blood sample, the Chief Medical Examiner * shall *
cause it to be examined for alcoholic content * by the State Toxicologist
or by an Assistant State Tozicologist, who, upon the completion of such
examination shall execute a certificate which certificate shall indicate the
name of the accused, the date, time and by whom the same was received
and examined, a statement that the container seal had not been broken or
otherwise tampered with, that the container was one provided by the Chief
Medical Examiner and a statement of the alcoholic content of the sample.
The certificate attached to the container shall be returned to either the
police officer making the arrest, the department from which it came, or
to the clerk of the court in which the matter will be heard; and the cer-
tificate attached to the container forwarded by or on behalf of the accused
shall be returned to the clerk of the court in which the matter will be
heard, and such certificate shall be admissible in evidence when attested
by the pathologist or by the supervisor of the laboratory approved by the
State Health Commissioner.

(d) Upon the request of the person who was given a chemical test of
blood, the results of * each test shall be made available to him

(e) An amount not to exceed five dollars to cover the costs of taking
blood and making an analysis thereof shall be taxed as part of the costs
of the criminal case; provided further that all costs incident to analysis
made by laboratory other than that of Chief Medical Examiner shall be
paid by the accused.

(f) * If the person arrested refuses to permit the taking of blood for
such test, the provisions of this section shall not otherwise limit the intro-
duction of any competent evidence bearing upon any question at issue
before the court. The failure of the accused to * submit to such a blood
test for the determination of alcoholic content thereof is not evidence and
shall not be subject to comment in the trial of the case, but when the
person arrested within two hours of the time of his arrest requests or
consents to the taking of a blood sample for chemical analysis, uf the
result of such chemical analysis of the blood sample taken 1s not received
in evidence at the trial for any reason whatever, including but not limited
to the failure on the part of any person, except the person arrested, to
comply strictly with every provision of this section, then the rights of the
person arrested shall be deemed to have been prejudiced, and he shall be
found not guilty of any offense under § 18.1-54, or of any similar ordi-
mance of any county, city or town, and his license shall not be revoked
under any provision of this section.

In the event that the Commonwealth fails to comply with any of the
requirements of this section, then this failure shall be deemed a reason-
able doubt of defendant’s guilt.

(g) If a person, after being arrested and after having been advised
by the arresting officer that the law of Virginia requires a person accused
of the violation of § 18.1-54 or of a similar ordinance of any county, city
or town to permit a sample of his blood to be taken so that a test may be
made of his blood to determine the alcoholic content thereof and that
refusal to do so constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this State, then refuses to
permit the taking of blood for such a test and does further so refuse upon
being taken before a committing justice, and being there again by the
committing justice advised of the law requiring a blood test to be taken
and the penalty for refusal, all within two hours of the alleged offense,
and so declares again his refusal in writing upon a form provided by the
committing justice, then no blood sample shall be taken.

(h) The form provided for in paragraph (g) above shall contain a
brief statement of the law requiring the taking of a blood sample and the
penalty for refusal, a declaration of refusal, and spaces for the signature
of the person from whom the blood sample is sought, the date and the
signature of a witness to the signing. If such person refuses or fails to
execute such declaration, the committing justice shall certify such fact
and that the committing justice advised the person arrested that such
refusal or failure, if found to be unreasonable, constitutes grounds for
revocation of such person’s license to drive upon the form and sign same.
The committing or issuing justice shall forthwith issue a warrant charg-
ing the person refusing to take the test to determine the alcoholic content
of his blood, with violation of this section, which warrant shall be executed
as any other criminal warrant. The defendant shall be given a copy of said
warrant.

(i) The executed declaration of refusal or certificate of the commit-
ting justice shall be attached to the warrant, as the case may be, and shall
be forwarded by the committing justice to the court in which the offense
of driving under the influence will be tried.

(7) When the court receives the certificate of refusal referred to in
paragraph (1), together with the warrant charging the defendant with
violation of § 18.1-55, the court shall fix a date for the trial of said war-
rant at such time as the court may designate, but subsequent to the de-
fendant’s trial for driving under the influence of intoxicants. If the court
shall find the defendant guilty as charged in the warrant, then the court
shall suspend the defendant's license for a period of ninety days for the
first offense, and for six months for a second or subsequent offense or
refusal within one year of the first or other such refusals and the effective
dates thereof.

The court shall forward the defendant’s license to DMV as in other
cases of similar nature for suspension of license, unless, however, the
defendant shall appeal his conviction, in which case the court shall return
the license to defendant upon his appeal being perfected.

The procedure for appeal and trial in the appellate court shall be the
same as provided by law for other misdemeanors.

§ 18.1-59. The judgment of conviction, or finding of not innocent in
the case of a juvenile, if for a first offense under § 18.1-54, or for a similar
offense under any county, city or town ordinance, shall of itself operate to
deprive the person so convicted or found of the right to drive or operate any
such vehicle, conveyance, engine or train in this State for a period of one
year from the date of such judgment, and if for a second or other sub-
sequent offense within ten years thereof for a period of three years from
the date of the judgment of conviction or finding of not innocent thereof,
any such period in either case to run consecutively with any period of
suspension for failure to permit a blood sample to be taken as required
by § 18.1-55. If any person has heretofore been convicted or found not
innocent of violating any similar act of this State and thereafter is
convicted or found not innocent of violating the provisions of § 18.1-54.
such conviction or finding shall for the purpose of this section and
§ 18.1-58 be a subsequent offense and shall be punished accordingly; and
the court may, in its discretion, suspend the sentence during the good
behavior of the person convicted or found not innocent.
An Act to amend and reenact §§ 62-174.2, 62-174.4, 62-174.5, 62-174.6,
62-174.7, 62-174.8, 62-174.10, 62-174.11, 62-174.18, 62-174.14, and
62-174.18 of the Code of Virginia, which sections were enacted, re-
spectively, as §§ 2, 4, 5, 6, 7, 8, 10, 11, 18, 14 and 18 of Chapter 500
of the Acts of Assembly of 1960, approved March 81, 1960; which
chapter relates to watercraft and their operation, and which sections
relate, respectively, to definitions, identification numbers, the applica-
tion of such numbers, certain fees and the registration and transfer
of such numbers, classification and certain requirements as to lights
and equipment for various classes, exemptions from numbering re-
quirements, boat liveries, the prohibition of certain acts and penalties
for violations, reports and furnishing of assistance, towing and water
skung, regattas and races, and certain enforcement provisions.

[H 482]
Approved April 3, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 62-174.2, 62-174.4, 62-174.5, 62-174.6, 62-174.7, 62-174.8,
62-174.10, 62-174.11, 62-174.13, 62-174.14 and 62-174.18 of the Code of
Virginia, which sections were enacted, respectively, as §§ 2, 4, 5, 6, 7, 8,
10, 11, 13, 14 and 18 of Chapter 500 of the Acts of Assembly of nineteen
hundred sixty, approved March thirty-one, nineteen hundred sixty, be
amended and reenacted as follows:

§ 62-174.2. As used in this chapter, unless the context clearly re-
quires a different meaning:

(1) “Vessel” means every description of watercraft, other than a
seaplane on the water, used or capable of being used as a means of
transportation on water.

(2) ‘‘Motorboat” means any vessel propelled by machinery * whether
or not such machinery is the principal source of propulsion. *

(3) “Owner” means a person, other than a lien holder, having the
property in or title to a motorboat. The term includes a person entitled
to the use or possession of a motorboat subject to an interest in another
person, reserved or created by agreement and securing payment or
performance of an obligation, but the term excludes a lessee under a lease
not intended as security.

(4) “Waters of this State’ means any public waters within the
territorial limits of this State, and the marginal sea adjacent to this State
and the high seas when navigated as a part of a journey or ride to or from
the shore of this State.

(5) “Person” means an individual, partnership, firm, corporation,
association, or other entity.

‘ 6) “Operate” means to navigate or otherwise use a motorboat or a
vessel.

(7) “Commission” means the Commission of Game and Inland
Fisheries.

§ 62-174.4. Every motorboat on the waters of this State shall be
numbered except those specifically exempt in § 62-174.7. No person shall
operate or give permission for the operation of any motorboat on such
waters unless the motorboat is numbered in accordance with this chapter,
or in accordance with applicable federal law, or in accordance with a
federally approved numbering system of another state, and unless (1) the
certificate of number awarded to such motorboat is in full force and
effect, and (2) the identifying number set forth in the certificate of
number is displayed on each side of the bow of such motorboat.
§ 62-174.5. (a) The owner of each motorboat requiring numbering
by this State shall file an application for number with the Commission
on forms approved by it. The application shall be signed by the owner,
or his agent, of the motorboat and shall be accompanied by a fee of five
dollars for * each triennium beginning July one, nineteen hundred sixty *
provided, that the fee shall be four dollars if paid in the second year of
the triennium and three dollars if paid in the third year of the triennium.
Upon receipt of the application in approved form the Commission shall
have the same entered upon the records of its office and issue to the
applicant a certificate of number stating the number awarded to the
motorboat and the name and address of the owner. The owner shall paint
on or attach to each side of the bow of the motorboat the identification
number in such manner as may be prescribed by rules and regulations of
the Commission in order that it may be clearly visible. The number shall
be maintained in legible condition. The certificate of number shall be
pocket-size and shall be available at all times for inspection on the motor-
boat for which issued, whenever such motorboat is in operation.

(b) The owner of any motorboat already covered by a number in full
force and effect which has been awarded to it pursuant to then operative
federal law or a federally approved numbering system of another state
shall record the number prior to operating the motorboat on the waters
of this State in excess of the ninety-day reciprocity period provided for
in § 62-174.7 (1). Such recordation shall be in the manner and pursuant
to the procedure required for the award of a number under subsection (a)
of this section, except that no additional or substitute number shall be
issued.

(c) Should the ownership of a numbered motorboat change, a new
application form * with appropriate fee as provided in subsection (a) of
this section shall be filed with the Commission and a new certificate bearing
the same number shall be awarded in the manner as provided for in an
original award of number. In case a certificate should become lost a new
certificate bearing the same number shall be issued upon payment of a
fee of fifty cents. Possession of the certificate shall in cases involving
prosecution for violation of any provision of this act be prima facie
evidence that the person whose name appears thereon is the owner of the
boat referred to therein.

(d) In the event that an agency of the United States Government
shall have in force an over-all system of identification numbering for
motorboats within the United States, the numbering system emploved
pursuant to this act by the Commission, shall be in conformity therewith.

(e) The Commission may award any certificate of number directly
or may authorize any person to act as agent for the awarding thereof.
In the event that a person accepts such authorization, he may be assigned
a block of numbers and certificates therefor which upon award, in con-
formity with this act and with any rules and regulations of the Commission,
shall be valid as if awarded directly by the Commission.

(f) All records of the Commission made or kept pursuant to this
section shall be public records but shall be open for inspection subject to
such conditions as the Commission may prescribe. The Commission shall
furnish, without cost until January 1, 1964, the annual lists of boat reais-
trations, as of January one of each year to the Commissioners of Rev-
enue, of each county or city, except that the Commission shall not send
such lists to any Commissioner who requests that he not receive such lists.

(g) Every certificate of number awarded pursuant to this chapter
shall continue in full force and effect for * the period * of the triennium
unless sooner terminated or discontinued in accordance with the provisions
of this chapter. *

(h) Each certificate of number awarded pursuant to this chapter
must be renewed each triennium on or before July one. * Application for
renewal shall be submitted on forms approved by the Commission and
shall be accompanied by a fee of five dollars.

(i) The owner shall furnish the Commission notice of the transfer
of all or any part of his interest other than the creation of a security
interest in a motorboat numbered in this State pursuant to subsections (a)
and (b) of this section or of the destruction or abandonment of such
motorboat, within fifteen days thereof. Such transfer, destruction, or
abandonment shall terminate the certificate of number for such motorboat
except that, in the case of a transfer of a part interest which does not
affect the owner’s right to operate such motorboat, such transfer shall
not terminate the certificate of number.

(j) Any holder of a certificate of number shall notify the Com-
mission within fifteen days if his address no longer conforms to the address
appearing on the certificate, and shall, as a part of such notification,
furnish the Commission his new address.

The Commission may provide in its rules and regulations for the
surrender of the certificate bearing the former address and its replace-
ment with a certificate bearing the new address or for the alteration of
an outstanding certificate to show the new address of the holder.

(k) No number other than the number awarded to a motorboat or
granted reciprocity pursuant to this chapter shall be painted, attached, or
otherwise displayed on either side of the bow of such motorboat.

(1) Dealers and manufacturers.

(1) The registering numbering requirements of this chapter shall
apply to dealers and manufacturers of motorboats.

(2) Applications for certificates of number shall be made on the
approved application form prescribed in this chapter. Dealers and manu-
racturers shall certify that they are dealers or manufacturers, as the case
may be.

(3) Applications shall be accompanied by a fee of fifteen dollars for
dealers and twenty-five dollars for manufacturers, by check or money
order, and shall be forwarded to the Commission.

(4) Upon receipt by the Commission of a properly completed appli-
cation and fee, it shall issue to the applicant a dealer’s or manufacturer’s
certificate of number as appropriate, which may be used in connection
with the operation of any motorboat in the possession of such dealer or
manufacturer, when the boat is being used for demonstration purposes.

(5) Additional dealer’s or manufacturer’s certificates of number may
be obtained by making application in the same manner as prescribed for
the initial certificate with payment of an additional fee of eight dollars
for each additional certificate.

(6) Manufacturers or dealers may have the number or numbers
awarded to them printed upon or attached to a removable sign or signs
to be temporarily but firmly mounted upon or attached to the boat being
demonstrated, so long as the display meets the requirements of this
chapter.

§ 62-174.6. (a) Motorboats subject to the provisions of this act
shall be divided into four classes as follows:

(1) Class A. Less than sixteen feet in length.

(2) Class 1. Sixteen feet or over and less than twenty-six feet in
length.

(3) Class 2. Twenty-six feet or over and less than forty feet in
length.

'(4) Class 3. Forty feet or over.

(b) Every motorboat in all weathers from sunset to sunrise shall
carry and exhibit the following lights when under way, and during such
times no other lights which may be mistaken for those prescribed shal]
be exhibited:

(1) Motorboats of Class A and Class 1 shall carry a white light aft
to show all around the horizon * and shall carry a combined lantern in
the fore part of the vessel and lower than the white light aft, showing
green to starboard and red to port, so fixed as to throw light from the
right ahead to two points abaft the beam on their respective sides.

Koh (2) Every motorboat of Classes 2 and 38 shall carry the following
ights:

a. A bright white light in the fore part of the vessel as near the stem
as practicable, so constructed as to show an unbroken light over an arc
of the horizon of twenty points of the compass so fixed as to throw the
light ten points on each side of the vessel; namely, from right ahead to
two points abaft the beam on either side.

b. A bright white light aft to show all around the horizon and higher
than the white light forward.

c. On the starboard side a green light so constructed as to show an
unbroken light over an arc of the horizon of ten points of the compass,
so fixed as to throw the light from right ahead to two points abaft the
beam on the starboard side. On the port side a red light so constructed as
to show an unbroken light over an arc of the horizon of ten points of the
compass, so fixed as to throw the light from right ahead to two points
abaft the beam on the port side. The said side lights shall be fitted with
inboard screens of sufficient height so set as to prevent these lights from
being seen across the bow.

(3) Motorboats of Classes A and 1 when propelled by sail alone shall
carry the combined lantern, but not the white light aft prescribed by this
section. Motorboats of Classes 2 and 3 when so propelled, shall carry the
colored side lights, suitably screened, but not the white lights prescribed
by this section. Motorboats of all classes, when so propelled, shall carry,
ready at hand, a lantern or flashlight showing a white light which shall
be exhibited in sufficient time to avert a collision.

(4) Every white light prescribed by this section shall be of such
character as to be visible at a distance of at least two miles. Every colored
light prescribed by this section shall be of such character as to be visible
at a distance of at least one mile. The word “visible’’ in this subsection,
when applied to lights, shall mean ‘visible’ on a dark night with clear
atmosphere.

(5) When propelled by sail and machinery any motorboat shall carry
the lights required by this section for a motorboat propelled by machinery
only.

(c) Any vessel may carry and exhibit the lights required by the Fed-
eral Regulations for Preventing Collisions at Sea, 1948, Federal Act of
October 11, 1951 (33 USC 143-147d) as amended, in lieu of the lights re-
quired by subsection (b) of this section.

Every motorboat of Classes 1, 2 or 3 shall be provided with an
efficient whistle or other sound-producing mechanical appliance.

(e) Every motorboat of Classes 2 or 3 shall be provided with an ef-
ficient bell.

(f) Every motorboat shall carry at least one life preserver or life
belt, or ring buoy, or other device of the sort prescribed by the regulations
of the Commission for each person on board, so placed as to be readily
accessible; provided, that every motorboat carrying passengers for hire
shall carry so placed as to be readily accessible at least one life preserver
of ihe sort prescribed by the regulations of the Commission for each person
on board.

(g) Every motorboat shall be provided with such number, size and
type of fire extinguishers, capable of promptly and effectually extinguish-
ing burning gasoline, as may be prescribed by the regulations of the Com-
mission, which fire extinguisher shall be at all times kept in condition for
ae ediate and effective use and shall be so placed as to be readily access-
ible.

(h) The provisions of subsections (d), (e), and (g) of this section
shall not apply to motorboats while competing in any race conducted pur-
suant to § 62-174.14 or, if such boats be designed and intended solely for
racing, while engaged in such navigation as is incidental to the tuning
up of the boats and engines for the race.

_ (i) Every motorboat shall have the carburetor or carburetors of every
engine therein (except outboard motors) using gasoline as fuel, equipped
with such efficient flame arrestor, backfire trap, or other similar device as
may be prescribed by the regulations of the Commission.

_ (j) Every such motorboat and every such vessel, except open boats,
using as fuel any liquid of a volatile nature, shall be provided with such
means as may be prescribed by the regulations of the Commission for
properly and efficiently ventilating the bilges of the engine and fuel tank
compartments so as to remove any explosive or inflammable gases.

(k) The Commission is hereby authorized to make rules and regula-
tions modifying the requirements contained in this act to the extent neces-
sary to keep these requirements in conformity with the provisions of the
federal navigation laws, or, with the rules promulgated by the United
States Coast Guard.

(1) No person shall operate or give permission for the operation of a
aap pwhich is not equipped as required by this section or modification

ereof.

(m) In the event that any of the regulations of subsections (a), (b),
(c), (d), (e), (f), (g), (h), (i), (J), (kK), and (1) of § 62-174.6 are in
conflict with the equipment * requirements prescribed by the Federal
Motorboat Act of * nineteen hundred forty (46 U.S.C. 526 et seq.), the
Commission is hereby granted the authority to adopt such regulations as
are necessary to conform with the aforesaid Federal * law and regulations.

(6) Row boats, whether under oars or sail, when occupied and in use
in all weathers from sunset to sunrise, when used on any body of salt
water or any river below the fall line of such river, and on any river above
the fall line of such river, pond, lake or body of impounded water, where
the use of power propelled boats is regular and customary, shall have
ready at hand a lantern or flashlight showing a white light which shall be
temporarily exhibited in sufficient time to prevent collision.

§ 62-174.7. A motorboat shall not be required to be numbered under
this chapter if it is:

(1) A motorboat which * has been awarded a number pursuant to
federal law or a federally approved numbering system of another state: *
provided, that any such boat shall not have been within this State for a
period in excess of ninety consecutive days.

(2) A motorboat from a country other than the United States tem-
porarily using the waters of this State.

(3) A motorboat * which is used in a governmental function by the
United States, a state or a subdivision thereof.

(4) A ship’s lifeboat.

(5) A vessel which has a valid marine document issued by the Bureau
of Customs of the United States Government or any federal agency succes-
sor thereto.

(6) A racing boat used during an authorized race and during a
rwenty—four hour period before and after such race.

(7) A motorboat having a total propulsion force of less than ten
horsepower.

§ 62-174.8. It shall be unlawful for the owner of a boat livery to rent
a * motorboat to any person unless the provisions of this chapter have been
complied with. It shall be the duty of owners of boat liveries to equip all
motorboats rented as required by this chapter.

§ 62-172.10. (a) No person shall operate any motorboat or vessel,
or manipulate any skis, surfboard, or similar device in a reckless or negli-
gent manner so as to endanger the life, limb, or property of any person.

(b) No person shall operate any motorboat or vessel, or manipulate
any water skis, surfboard or similar device while intoxicated or under the
influence of any narcotic drug, barbiturate, or marijuana.

* Any person who shall violate any provision of this section shall be
guilty of a misdemeanor and may be punished as provided by § 18.1-9.

§ 62-174.11. (a) It shall be the duty of the operator of a vessel
involved in a collision, accident, or other casualty, so far as he can do so
without serious danger to his own vessel, crew, and passengers (if any),
to render persons affected by the collision, accident, or other casualty
such assistance as may be practicable and as may be necessary in order
to save them from or minimize any danger caused by the collision, acci-
dent, or other casualty, and also give his name, address, and identification
of his vessel in writing to any person injured and to the owner of any
property damaged in the collision, accident, or other casualty.

(b) In the case of collision, accident, or other casualty involving a
vessel, the operator thereof, if the collision, accident, or other casualty
results in death or injury to a person or damage to property in excess of
one hundred dollars, shall, within ten days, file with the Commission a
full description of the collision, accident, or other casualty, including such
information as said agency may, by regulation, require. Such report shall
not be admissible as evidence.

(c) Any officer investigating any collision, accident or other casualty
shall have authority, in lieu of arresting any person charged with violat-
ing any of the provisions of this chapter, to 1ssue a written summons to
such person (stating name, address, boat number, offense charged, etc.) to
appear in court as in § 46.1-178.

§ 62-174.13. (a) No person shall operate a vessel on any waters of
this State for towing a person or persons on water skis, or a surfboard,
or similar device unless there is in such vessel a person, in addition to the
operator, in a position to observe the progress of the person or persons
being towed or unless the skier or skiers wear life preservers *.

(b) No person shall operate a vessel on any water of this State tow-
ing a person or persons on water skis, a surfboard, or similar device, nor
shall any person engage in water skiing * or similar activity at any time
between the hours from one hour after sunset to one hour before sunrise.

(c) The provisions of subsections (a) and (b) of this section do not
apply to a performer engaged in a professional exhibition or a person or
persons engaged in an activity authorized under § 62-174.14.

(d) No person shall operate or manipulate any vessel, tow rope, or
other device by which the direction or location of water skis, a surfboard,
or similar device may be affected or controlled in such a way as to cause
the water skis, surfboard, or similar device, or any person thereon to
collide with any object or person.

§ 62-174.14. (a) The Commission may authorize the holding of
regattas, motorboat, or other boat races, marine parades, tournaments, or
exhibitions on any waters of this State. It shall adopt and may, from time
to time, amend regulations concerning the safety of motorboats and other
vessels and persons thereon, either observers or participants. Whenever
a regatta, motorboat, or other boat race, marine parade, tournament, or
exhibition is proposed to be held, the person in charge thereof, shall, at
least * thirty days prior thereto, file an application with the Commission
for permission to hold such regatta, motorboat, or other boat race, marine
parade, tournament, or exhibition. The application shall set forth the date,
time and location where it is proposed to hold such regatta, motorboat,
or other boat race, marine parade, tournament, or exhibition, and it shall
not be conducted without authorization of the Commission in writing.

(b) The provisions of this section shall not exempt any person from
compliance with applicable federal law or regulation, but nothing con-
tained herein shall be construed to require the securing of a State permit
pursuant to this section if a permit therefor has been obtained from an
authorized agency of the United States.

§ 62-174.18. Any person who violates any provision of §§ 62-174.4,
62-174.5, 62-174.6, 62-174.8, 62-174.9, 62-174.11, 62-174.13 * 62-174.14 and
62-174.17 shall be guilty of a misdemeanor and shall be punished by a fine
of not more than fifty dollars for each such violation.