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Safe Boating

Safe Boating

Virginia Boating Safety Education

All PWC operators and motorboat operators of boats registered in Virginia with a motor of 10 horsepower and greater must take a boating safety course.

The DWR provides a free classroom boating safety course, Boat Virginia. This course is available throughout the year. The DWR also supports NASBLA approved boating courses offered by the USCG Auxiliary (USCGAux) and the U.S. Power Squadrons (USPS). There are several internet courses that meet Virginia’s Boating Safety Education Requirement.

- For a up-to-date list of boating safety education course offerings and boating safety information, visit our website at www.virginiawildlife.gov/boating/education/requirement/.

To arrange a free vessel safety check, please call 1-800-245-2628, go to http://cgaux.org/vsc/, or contact local USCG Auxiliary or USPS member.

YES: If you have never taken a NASBLA approved boating safety course and you operate a PWC or a boat registered in Virginia with a motor of 10 horsepower and greater.

NO: If you have previously taken a NASBLA approved boating safety course and still have a card/certificate.

NO: If you are serving or have qualified as an Officer of the Deck Underway, boat coxswain, boat officer, boat operator, watercraft operator, or Marine Deck Officer in any branch of the Armed Forces of the United States, United States Coast Guard, or Merchant Marine.

NO: If you hold or have held a license to operate a vessel (Master, Captain, or Mate).

NO: If you are or have been a Registered Commercial Fisherman with the Virginia Marine Resources Commission (VMRC).

NO: If you are or have been a surface warfare officer/enlisted surface warfare specialist in the United States Navy.

Enforcement

Boating laws are enforced primarily by Conservation Police Officers employed by DWR. These officers have full police powers and have the right to lawfully stop and board your boat at any time to check for proper registration and required safety equipment.

The Law about Alcohol, Drugs, and Boating

Virginia’s law states that boat operators with blood alcohol concentrations of .08 percent or more by weight, by volume, shall be presumed to be under the influence of alcoholic intoxicants. Operating a boat under the influence is a Class I Misdemeanor and can result in up to a $2,500 fine and/or up to 12 months in jail as well as the loss of the privilege to operate a motorboat for up to a year.

The Virginia Implied Consent Law states that by operating a watercraft, you are agreeing to submit to a breath and/or blood test to determine the amount of alcohol and/or drugs in your blood. Unreasonable refusal to submit to these tests constitutes grounds for the revocation of the operator’s privilege to operate a watercraft on the waters of the Commonwealth.

Virginia Law prohibits persons younger than 21 from consuming alcohol and operating a watercraft with any measurable alcohol level. Operation under the influence of alcohol or other drugs is a criminal offense. Additionally, persons age 18–20 arrested buying, possessing, or drinking alcohol can be fined up to $2,500, lose their motor vehicle operator’s license for up to 1 year, and be sent to jail.

Don’t allow a drinking boater to make you and your passengers boating fatality statistics. Be alert to what other boaters are doing and steer clear of boaters who may be abusing alcohol and/or drugs.

Speed Laws

Operators shall reduce speed to avoid endangering persons or property by the effect of the motorboat’s wake when approaching or passing vessels under way, lying to, at anchor, or made fast to the shore; or, when approaching or passing piers, docks, or boathouses; or when approaching or passing persons in the water or using water skis or surfboards.

A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.

In establishing a safe operating speed, the operator shall take into account: visibility, traffic density, ability to maneuver the vessel (stopping distance and turning ability), background light at night, proximity of navigational hazards, draft of the vessel, limitations of radar equipment, and the state of wind, sea, and current.

New Move Over Law

Every motorboat, when approaching or passing within 200 feet of any law enforcement vessel or emergency services vessel that is displaying flashing blue or red lights, shall slow to no-wake speed so that the effect of the wake does not disturb the activities of the law enforcement or emergency services personnel. Where the operator of a motorboat fails to comply with this regulation, and where such failure endangers the life or limb of any person involved or endangers or damages the vessels involved, the operator shall be guilty of a Class 3 misdemeanor and, upon conviction, shall be additionally required to complete and pass a NASBLA-approved safe boating course.

Other Unlawful Acts

Towed Watersports Safety

The boating law contains several provisions related to the towing of persons on water skis, tubes, surfboards, or similar devices and the manipulation of such devices by the person being towed.

Personal Watercraft (PWC) Operation

A personal watercraft is a motorboat less than 16 feet in length which uses an inboard motor powering a jet pump as its primary motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel.

PWCs must follow all rules and regulations for motorboats. There are additional rules and regulations for PWC operators as follows:

The above provisions do not apply to participants in regattas, races, marine parades, tournaments or exhibitions approved by the Board of the DWR or the USCG.

Navigation Rules

Most boating accidents are the result of a collision, either between two vessels, or between a vessel and a fixed or submerged object. For this reason, boat operators are cautioned to follow the established Navigation Rules, especially maintaining a proper lookout and safe speed. Remember the three basic rules of navigation:

The boat operator is responsible for knowing and following all of the applicable navigation rules. Copies of the rules may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, 202-512-1800. The stock number is 050-012-00192-8. On the Web at: http://uscgboating.org/regulations/navigation-rules.php.

Right Side = Starboard

Left Side = Port

When two power-driven vessels are meeting head-on or nearly head-on, each shall alter her course to starboard (right) so that each shall pass on the port side of the other. A head-on situation exists when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line or both sidelights.

Give-way and Stand-on is the terminology used to describe the appropriate action of each vessel in crossing and passing situations.

The “give-way” vessel is the vessel that must take early and substantial action to keep well clear of another vessel.

The “stand-on” vessel shall maintain course and speed unless it becomes apparent that the vessel required to keep out of the way (the “give-way” vessel) is not taking the appropriate action. If the stand-on vessel must take action to avoid a collision, it must avoid turning to port for a vessel on her port side.

An action taken to avoid a collision needs to be positive, made in ample time and large enough to be apparent to the other vessel. If necessary to avoid a collision or allow more time to assess the situation, a vessel must slacken her speed or take all way off by stopping or reversing engines.

In crossing situations, power boats must give-way to sailing vessels under sail regardless of the angle the power-driven vessel approaches the sailing vessel.

When two power-driven vessels are crossing, the vessel which has the other on her starboard side shall give way and keep out of the way and avoid crossing ahead (in front) of the other vessel.

When taking action to stay out of the way, make it early, substantial and well clear of the other boat. Avoid making a succession of small alterations of course or speed. If you are directed by the Rules to stay out of the way, then make your turn large and obvious so as to be readily apparent to another vessel both visually or by radar. This is especially true at night, when the only visual indication of your course change is the alteration of your boat’s lights.

Any vessel overtaking any other shall give-way and keep out of the way of the vessel being overtaken.

When a vessel is in any doubt as to whether it is overtaking another, it shall assume that this is the case and act accordingly.

If you are being overtaken (passed), you are the stand-on vessel and should maintain your course and speed. The vessel over­taking you should notify an intent to pass by making an appropriate sound signal. One short blast of the horn or whistle means “I intend to overtake you on your starboard side” and 2-short blasts means “I intend to overtake you on your port side”.

When two sailing vessels are approaching one another in a crossing situation, one of them shall keep out of the way of the other as follows:

Windward side is deemed to be the side opposite to that on which the main-sail is carried.

Responsibility Between Vessels

A power-driven vessel shall keep out of the way of:

A sailing vessel shall keep out of the way of:

Departure From Regulations To Avoid Immediate Danger

At times it may be necessary to depart from these rules in order to avoid immediate danger. When, from any cause the vessel required to keep its course and speed finds itself so close that collision cannot be avoided by the action of the give-way vessel alone, the operator shall take such action as will best aid to avoid collision. This action does not relieve the give-way vessel of its obligation to keep out of the way. The give-way vessel is that vessel required to take early and substantial action to keep well away from other vessels by stopping, slowing or changing course.

Narrow Channels

In narrow channels, the operator of every vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the right side of such vessel. The operator of a vessel under 65.6 feet in length underway, fishing or at anchor in narrow channels shall not interfere with the passage of large, deep-draft vessels that can safely navigate only inside such channels.

Restricted Visibility

The following rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility:

Proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have engines ready for immediate maneuver.

Except where it has been determined that a risk of collisions does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarter situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on course. She shall if necessary take all way off (slow down or stop) and in any event, navigate with extreme caution until danger of collision is over.

Whistle means any sound producing device capable of producing a blast.

Short Blast = a blast of about 1 second.

Prolonged Blast = a blast of from 4–6 seconds’ duration.

In or near an area of restricted visibility, whether by day or night, the following sound signals shall be made:

Did you get your Virginia Lifetime Boater’s Card?

Our Virginia Lifetime Boater’s Card is available to those who meet the boating safety education requirement. This durable, drivers license-style card is available for a fee of $10.00.

To purchase a card go to www.virginiawildlife.gov/boating/lifetime-boater-card/.

Motorboat and PWC Operators

A Boating Safety Course is Required to Operate PWC’s and/or Boats With Motors 10 HP or Greater.

For more information: www.virginiawildlife.gov/boating/education/requirement/

Other Safety Concerns

Boating Accident Reporting

As the operator of a vessel, you are required by law to file a formal, written report of your boating accident with the DWR under certain circumstances.

To inform Law Enforcement about an accident that has just occurred, please call your county or city law enforcement group, sheriff’s office, Conservation Police Officer, or Department dispatcher (800-237-5712) or 911.

A formal, written report must be filed with DWR when there is:

When a person dies or disappears as a result of an occurrence that involves a vessel or its equipment, the operator is required by law to notify the DWR in Henrico, Virginia, or the most immediately available Department Conservation Police Officer without delay and by the quickest means possible.

Written reports must be filed within the following time frames from the boating accident:

Boating Accident Report forms can also be obtained from local law enforcement authorities, Department Conservation Police Officers, DWR website, and all Department offices. You may submit the completed forms in person or send them to the Virginia Department of Wildlife Resources, Boating Accident, 7870 Villa Park Dr., Suite 400, P.O. Box 90778, Henrico, VA 23228. The boat operator or owner usually completes the form unless she/he is physically unable to do so.

It is the duty of every operator involved in a collision to stop and offer assistance. Operators involved in a collision, who knowingly fail to comply with this law when the collision or accident results in serious bodily injury to, or the death of, any person, shall be guilty of a Class 6 Felony. When a collision or accident results in only property damage, the operator who does not comply with this law shall be guilty of a Class 1 Misdemeanor.

Naval Protection Zones

All vessels must operate at minimum speed necessary to maintain a steerage and headway (no wake speed) within 500 yards of the U.S. naval vessel and proceed as directed by the Commanding Officer or the official patrol. Violations of the Naval Vessel Protection Zone are a felony offense, punishable by up to 6 years in prison and/or up to $250,000 in fines.

No vessel or person is allowed within 100 yards of a U.S. naval vessel greater than 100 feet in length. Due to Little Creek Channel’s width of 150 yards, all vessels must exit Little Creek Channel when a U.S. naval vessel is approaching.

If you have questions about the Navel Vessel Protection Zone, contact Coast Guard Sector Hampton Roads Waterways Management Division at 757-668-5580.

America’s Waterway Watch

America’s coasts, rivers, bridges, tunnels, ports, ships, military bases, and waterside industries may be the terrorists’ next targets.

If you see outwardly suspicious activity, or even behavior that makes you uneasy, please report it. Here are things to look for:

Call the National Response Center at 877-24WATCH (249-2824) or 911 to report suspicious activity.

Boat Theft Prevention

Stealing a boat is much easier if a thief can hitch up to your boat on a trailer and drive away. These tips may help.

There are several things that can be done to reduce the risk of vessel theft.

If your boat, trailer, or gear is missing, report it immediately to the following groups. Use your written and photographic marine record to give specific and complete information.

Carbon Monoxide

Carbon monoxide is an odorless, colorless, tasteless gas that can be toxic in small quantities. It is produced by engines, generators, grills, and other equipment commonly used by boaters. Every year people who recreate on and around boats are overcome by the effects of carbon monoxide.

Recreational boaters need to be aware of carbon monoxide poisoning prevention practices such as regular professional boat inspections; the installation and maintenance of carbon dioxide detectors in living spaces; the hazards of “platform dragging; exhaust leaks from CO sources, specific boat design features of concern (especially houseboats); and the danger of swimming near the stern of the watercraft while generators, engines or other carbon monoxide producing equipment is in operation.

Capsizings and Falls Overboard

Capsizings and falls overboard are the leading cause of fatal boating incidents. To help lessen the chance of capsizing or falling overboard, follow these basic safety tips:

Enjoying The Water

Towed Sports Safety

Towed watersports is a fun activity for the whole family. When enjoying the water behind the boat, remember these important safety tips:

Watch your wake

Paddling Safety

From mountain streams to the Chesapeake Bay and everywhere in between, there are many opportunities for enjoying the water with your paddlecraft. Just remember these safety tips.

Identify your vessel – the USCG and DWR have free stickers for paddlecraft so that lost paddlecraft can be returned to their owner.

Environmental Laws

It is illegal for anyone to pollute our waterways in Virginia. If you can’t recycle it, take it ashore to a trash receptacle. Please help keep the waterways clean by picking up your trash. If you see any source or indication of water pollution, such as dead fish, call your local Department of Environmental Quality regional office, or call 804-698-4000 or 800-592-5482.

While boating in Virginia coastal waters, you may encounter a variety of federally protected species, including sea turtles and marine mammals (whales, dolphins, porpoises, manatees and seals). All marine mammals are protected by the Marine Mammal Protection Act (MMPA), while manatees, some whale species, and sea turtles are protected by the Endangered Species Act (ESA). Sea turtles are common in the summer months in the coastal ocean, Chesapeake Bay, and associated river mouths. Marine mammals are most common in the coastal ocean and Chesapeake Bay mouth, but can occur inside the Bay and associated river mouths as well. Dolphins can be seen year-round, while whales and seals are more frequently seen in the winter months.

Guidelines for viewing dolphins, seals, and sea turtles suggest to stay at least 150 feet away and cut the engine or remain in neutral if the animals approach you. Large whales such as humpback and fin whales can also be seen in the Chesapeake Bay and ocean waters off Virginia. Vessels are asked to remain at least 300 feet from these whales. Visit the NOAA website for more information about viewing marine life: fisheries.noaa.gov/new-england-mid-atlantic/marine-life-viewing-guidelines/whale-watching-and-wildlife-viewing-new

Endangered North Atlantic right whales may also be seen off of Virginia’s coast between November and May. Federal law prohibits any vessel to approach within 1500 feet or 500 yards from these species. Vessels of certain sizes are also required by law to go 10 knots or less in designated areas and months each year. Visit the NOAA website for more information about vessel speed restrictions.

Occasionally manatees are sighted in Virginia waters. Vessel operators should avoid approaching manatees as they are critically endangered and susceptible to vessel strikes. Be a responsible vessel operator and allow Virginia’s sea turtles and marine mammals to exist undisturbed in our waters, their natural habitat.

Anyone who suspects a marine mammal or sea turtle is injured, entangled, or in distress is encouraged to call the hotline at (757) 385-7575.

Nuisance aquatic species, such as zebra mussels and hydrilla, can spread quickly, replace native species and damage water resources. Properly cleaning boats and equipment after each use can prevent the spread of invasive marine species.

Submersed aquatic vegetation (or SAV) are underwater plants often found in shallow (usually less than 6 feet) areas. They are important habitat for fish and shellfish, particularly the blue crab, and are a food source for several waterfowl species. Scientific studies have shown that SAV beds can be scarred by boat propellers or by larger craft if they run aground. When operating your boat in shallow areas, particularly at low tide, be careful to avoid damaging SAV.

All boat operators must do the following before departing a body of water:

Virginia Boater’s Guide

Other Safety Concerns

Boat Ramps & Access Points

DWR-managed public boat access facilities are to be used for parking vehicles/trailers while boating and fishing, and are provided for this purpose only. Camping, swimming, sunbathing, loitering, or any other use of the property, other than launching or retrieving boats and/or fishing is prohibited and considered trespassing. Public display of alcoholic beverages is prohibited. No fishing from boating access piers. PWC staging on, or adjacent to, the boat ramp is prohibited. Littering, dumping and destruction of state property laws will be strictly enforced on these properties.

Maps and driving directions may not work for all locations. Map information produced through Google is intended for planning purposes only. You may find that construction projects, traffic conditions, or other events may differ from the map results. Remember to check a boat landing’s status before visiting! www.virginiawildlife.gov/boating/access

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