CHAPTER 654

An Act to amend and reenact §§ 62-174.5, 62-174.6 and 68-174.7 as
amended, 62-174.15, 62-174.17, 62-174.18 as amended, and 62-195 of
the Code of Virginia and to further amend the Code of Virginia by
adding sections numbered 62-174.5:1 and 62-174.18:2, relating to,
registering and numbering of motorboats, rules and regulations of
the Commission of Game and Inland Fisheries, enforcement of boat-
ing act, punishment for violation of the boating act, designating areas
as swimming and bathing areas and limitations on the use of motor-
boats; and to repeal §§ 62-192 as amended, and 62-198, relating to
certain of the same matters.

[H 646]

Approved April 1, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 62-174.5, 62-174.6 and 62-174.7, as amended, 62-174.15, 62-
174.17, 62-174.18, as amended, and 62-195 of the Code of Virginia be
amended and reenacted, and that the Code of Virginia be amended by
adding sections numbered 62-174.5:1 and 62-174.13 :2, the amended and
new sections being as follows:

§ 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.
* 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 appli-
cant a certificate of number stating the number awarded to the motorboat
and the name and address of the owner. Any certificate issued after
December thirty-first, nineteen hundred sixty-three in accordance with
this chapter shall be issued to expire three years from the first day of the
month in which issued, and may thereafter upon proper application and
payment of fee, in the discretion of the Commission, be renewed. 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 inspec-
tion on the motorboat for which issued, whenever such motorboat is in
operation.

The Commission is authorized and empowered to cancel and recall
any certificate of number issued by the Commission when it appears
proper payment has not been made for such certificate of number or
when any such certificate has been improperly or erroneously issued.

(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 ap-
plication 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 prosecu-
tion for violation of any provision of this chapter be prima facie evidence
that the person whose name appears thereon is the owner of the boat re-
ferred 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 employed
pursuant to this chapter by the Commission shall be in conformity there-
with.
(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 conformity
with this chapter 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, * the annual lists of boat registrations, as of January
one of each year to the Commissioners of Revenue, 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.

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

*

(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 in-
terest in a motorboat numbered in this State pursuant to subsections (a)
and (b) of this section or of the destruction or abandonment of such motor-
boat, within fifteen days thereof. Such transfer, destruction, or abandon-
ment 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 ad-
dress 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 sur-
render of the certificate bearing the former address and its replacement
with a certificate bearing the new address or for the alteration of an out-
standing 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-
facturers 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.

§ 62-174.5:1. (a) Any individual owning real estate which touches
any of the waters of this State or the agent of such indwidual may pett-
tion the Commission to authorize the placing of markers approved by the
Commission around a public swimming or bathing area.

(b) The Commission, upon receiving such petition and sufficient proof
and such other information as the Commission requires that the water
adjacent to such real estate is used in whole or in part as a public swim-
ming or bathing area, may authorize the placement of such markers as
are necessary to designate the area as a swimming or bathing area.

(c) The cost of the purchase and placement of such markers shall be
borne by the individual requesting the placement of such markers.

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

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

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

ength.
(3) nor Ne Twenty-six feet or over and less than forty feet in

ength.

(4) Class 8. Forty feet or over.

(b) Every motorboat in all weathers from sunset to sunrise shal
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 greer
to starboard and red to port, so fixed as to throw light from the righ’
ahead to two points abaft the beam on their respective sides.

h (2) Every motorboat of Classes 2 and 38 shall carry the followings
lights:

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 ar
arc of the horizon of twenty points of the compass so fixed as to throv
the light ten points on each side of the vessel; namely, from right aheas
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
Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act
of October 11, 1951 (88 USC 143-147d) as amended, in lieu of the lights
required by subsection (b) of this section.

(d) Every motorboat of Classes 1, 2 or 8 shall be provided with an
efficient whistle or other sound-producing mechanical appliance.

(e) Every motorboat of Classes 2 or 8 shall be provided with an
efficient 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 regula-
tions 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 the 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 immediate and effective use and shall be so placed as to be readily
accessible. ;

(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 chapter to the extent
necessary 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
nate poue is not equipped as required by this section or modification

ereo

(m) In the event that any of the regulations of subsections (a), (b),
(c), (d), (e), (f), (gz), (bh), (i), (J), (k), 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.

(n) Rowboats, 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 1 in excess of ninety consecutive days.

A motorboat from a country other than the United States
temporarily using the waters of this State.

(8) 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
successor thereto.

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

) A motorboat having a total propulsion force as determined by
the manufacturer’s maximum horsepower rating of less than ten horse-
power whether or not such total propulsion force is in use.

§ 62-174.18:2. No person shall operate a motorboat or manipulate
skis within the area of the waters of this State marked by the Commtis-
sion as provided in § 628-174.5:1 of the Code of Virginia.

§ 62-174.15. (a) Any political subdivision of this State, may at any
time, but only after public notice, make formal application to the Commis-
sion for special rules and regulations with reference to the safe and rea-
sonable operation of vessels on any water within its territorial limits and
shall set forth therein the reasons which make such special rules or regu-
lations necessary or appropriate.

(b) The Commission is hereby authorized upon application by a
political subdivision or its own motion to make special or general rules
and regulations with reference to the safe and reasonable operation of
vessels on any waters within the territorial limits of any political sub-
division of this State; without limiting the generality of the grant of such
power, a system of regulatory or navigation markers may be adopted by
the Commission. Provided that nothing in this section shall be construed
a atfect the application of any general law concerning the tidal waters of
this State.

(c) Any county, city or town of this State, may at any time, but
only after approval by the Commission, enact ordinances regulating the
operation of vessels on any waters within its territorial limits, and the
conduct and activity of any person using such waters, and may provide
for the enforcement thereof and penalties for the violation thereof, pro-
vided said penalties do not exceed the penalties provided in this chapter
for similar offenses.

§ 62-174.17. Every game warden and every other law enforcement
officer of this State and its subdivisions shall have the authority to enforce
the provisions of this chapter and in the exercise thereof shall have author-
ity to stop any vessel subject to this chapter; and, after having identified
himself in his official capacity, shall have authority to board and inspect
any vessel subject to this chapter; provided that, except for enforcement
of § 62-174.10, and the requirement of having the registration certificate
on board, the provisions of this section shall not apply to any vessel on
which is displayed a current valid United States Coast Guard or United
States Coast Guard Auxiliary inspection decal.

§ 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, 62-174.13:2,
62-174.14 and 62-174.17 or regulation adopted under this act shall be guilty
of a misdemeanor and shall be punished by a fine of not more than
fifty dollars for each such violation.

§ 62-195. It shall be unlawful for any person to regularly offer a
boat or boats, other than a motorboat, for rent for use on the waters of any
natural or artificial lake in this State having an area in excess of one hun-
dred acres unless such person shall provide, for the use of each passenger
in each such boat, a vest-type life preserver adequate to support such
passenger in water for a period of at least twenty-four hours. Any person
sioreane this section shall be guilty of a misdemeanor and punished ac-
cordingly.

2. That §§ 62-192 as amended, and 62-193, of the Code of Virginia are
repealed.