reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.19. Transfer of ownership by secured party's transfer statement

A. For the purpose of this section, "secured party's transfer statement" means a record signed by the secured party of record stating:
1. A default on an obligation secured by the watercraft has occurred;
2. The secured party of record is exercising or has exercised post-default remedies with respect to the watercraft;
3. By reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;
4. The name and last-known mailing address of the owner of record and the secured party of record;
5. The name of the transferee;
6. All other information required by subsection B of § 29.1-733.7; and
7. One of the following:
a. The certificate of title is an electronic certificate;
b. The secured party does not have possession of the written certificate of title created in the name of the owner of record; or
c. The secured party is delivering the written certificate of title to the Department with the secured party's transfer statement.
B. Unless the Department rejects a secured party's transfer statement for a reason stated in subsection C of § 29.1-733.8, not later than 20 days after delivery to the Department of the statement and payment of fees and taxes payable under the law of the Commonwealth other than this article in connection with the statement or the acquisition or use of the watercraft, the Department shall:
1. Accept the statement;
2. Amend the files of the Department to reflect the transfer; and
3. If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
a. Cancel the certificate even if the certificate has not been delivered to the Department;
b. Create a new certificate indicating the transferee as owner; and
c. Deliver the new certificate or a record evidencing an electronic certificate.
C. An application under subsection A or the creation of a certificate of title under subsection B is not by itself a disposition of the watercraft and does not by itself relieve the secured party of its duties under Title 8.9A.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.21. Application for transfer of ownership or termination of security interest without certificate of title

A. Except as otherwise provided in § 29.1-733.19 or 29.1-733.20, if the Department receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the Department shall create a new certificate under this section only if:
1. All other requirements under §§ 29.1-733.7 and 29.1-733.8 are met;
2. The applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;
3. The applicant provides the Department with satisfactory evidence that notification of the application has been sent to the owner of record and all persons indicated in the files of the Department as having an interest, including a security interest, in the watercraft, at least 45 days have passed since the notification was sent, and the Department has not received an objection from any of those persons; and
4. The applicant submits any other information required by the Department as evidence of the applicant's ownership or right to terminate the security interest, and the Department has no credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the watercraft.
B. The Department shall indicate in a certificate of title created under subsection A that the certificate was created without submission of a signed certificate or termination statement. Unless credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the watercraft is delivered to the Department not later than one year after creation of the certificate, on request in a form and manner required by the Department, the Department shall remove the indication from the certificate.
C. Unless the Department determines that the value of a watercraft is less than $5,000, before the Department creates a certificate of title under subsection A, the Department shall require the applicant to post a bond or provide an equivalent source of indemnity or security. The bond, indemnity, or other security shall not exceed twice the value of the watercraft as determined by the Department. The bond, indemnity, or other security shall be in a form required by the Department and provide for indemnification of any owner, purchaser, or other claimant for any expense, loss, delay, or damage, including reasonable attorney fees and costs, but not including incidental or consequential damages, resulting from creation or amendment of the certificate.
D. Unless the Department receives a claim for indemnity not later than one year after creation of a certificate of title under subsection A, on request in a form and manner required by the Department, the Department shall release any bond, indemnity, or other security.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.22. Replacement certificate of title

A. If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the Department, the owner of record may apply for and, by furnishing information satisfactory to the Department, obtain a replacement certificate in the name of the owner of record.
B. An applicant for a replacement certificate of title shall sign the application and, except as otherwise permitted by the Department, the application shall comply with § 29.1-733.7. The application shall include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable.
C. A replacement certificate of title created by the Department shall comply with § 29.1-733.9 and indicate on the face of the certificate that it is a replacement certificate.
D. If a person receiving a replacement certificate of title subsequently obtains possession of the original written certificate, the person promptly shall destroy the original certificate of title.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.23. Rights of purchaser other than secured party

A. A buyer in ordinary course of business has the protections afforded by subsection (2) of § 8.2-403 and subsection (a) of § 8.9A-320 even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.
B. Except as otherwise provided in §§ 29.1-733.17 and 29.1-733.24, the rights of a purchaser of a watercraft that is not a buyer in ordinary course of business or a lien creditor are governed by the Uniform Commercial Code.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.24. Rights of secured party

A. Subject to subsection B or C, the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Titles 8.1A through 8.10.
B. A security interest perfected under this article has priority over any statutory lien on the watercraft, except for a mechanics lien for repairs to the extent of $150 given by § 43-33 if the requirements are met, provided the mechanic furnishes the holder of any such recorded lien who requests it with an itemized sworn statement of the work done and materials supplied for which the lien is claimed.
C. If, while a security interest in a watercraft is perfected by any method under this article, the Department creates a certificate of title that does not indicate that the watercraft is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:
1. A buyer of the watercraft, other than a person in the business of selling or leasing watercraft of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the watercraft; and
2. The security interest is subordinate to a conflicting security interest in the watercraft that is perfected under § 29.1-733.15 after creation of the certificate and without the conflicting secured party's knowledge of the security interest.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.25. Acquiring title to an abandoned watercraft

A. Any watercraft abandoned for a period exceeding 60 days is subject to the provisions of this section.
B. A landowner, his lessee, or his agent may acquire title to any watercraft abandoned on his land or the water immediately adjacent to his land. Acquisition of title, under the provisions of this section, divests any other person of any interest in the watercraft.
C. If a watercraft has a registration number assigned by the Commonwealth or any other state, or if there are other means of identifying the owner, the person desiring to acquire title shall make a good faith effort to secure the last-known address of all owners and lien holders. He shall notify each owner and lien holder by registered letter that if ownership is not claimed and the watercraft not removed within 30 days, he will apply for title to the watercraft in his name.
D. The person desiring to acquire title also shall place a notice, to appear for three consecutive issues, in a newspaper of general circulation in the county or city where the watercraft is located. The notice shall describe the watercraft, its location, and any identifying number or numbers. The notice shall state that if the watercraft is not claimed and removed within 30 days after the first day the notice was published, the person who has placed the notice shall apply to the Department for title to the watercraft.
E. At the end of the 30-day period, the person seeking to acquire the watercraft shall apply to the Department for title. The application shall be accompanied by the following: (i) an affidavit stating that to the best of the applicant's knowledge the watercraft has been abandoned for a period of at least 60 days; (ii) proof that the registered letter required by the Department was mailed at least 30 days prior to application or a detailed explanation of the steps taken to identify the owner and lien holder; and (iii) proof that a notice was printed in a newspaper as required in subsection D.
F. Upon receipt by the Department of all items required by subsection E, and after all fees and taxes due have been paid, the Department shall then issue title to the watercraft to the applicant.
G. All costs incurred in obtaining title to a watercraft under this section shall be borne by the applicant.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.26. Duties and operation of the Department

A. The Department shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a watercraft and the information on the certificate of title.
B. The Department shall retain in its files all information regarding a security interest in a watercraft for at least 10 years after the Department receives a termination statement regarding the security interest. The information shall be accessible by the hull identification number for the watercraft and any other methods provided by the Department.
C. If a person submits a record to the Department, or submits information that is accepted by the Department, and requests an acknowledgment of the filing or submission, the Department shall send to the person an acknowledgment showing the hull identification number of the watercraft to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section shall contain the hull identification number and be delivered by means authorized by the Department.
D. The Department shall send or otherwise make available in a record the following information to any person that requests it and pays the applicable fee:
1. Whether the files of the Department indicate, as of a date and time specified by the Department, but not a date earlier than three days before the Department received the request, any certificate of title, security interest, termination statement, or title brand that relates to a watercraft:
a. Identified by a hull identification number designated in the request;
b. Identified by a registration number designated in the request; or
c. Owned by a person designated in the request;
2. With respect to the watercraft:
a. The name and address of any owner as indicated in the files of the Department or on the certificate of title;
b. The name and address of any secured party as indicated in the files of the Department or on the certificate, and the effective date of the information; and
c. A copy of any termination statement indicated in the files of the Department and the effective date of the termination statement; and
3. With respect to the watercraft, a copy of any certificate of origin, secured party transfer statement, transfer by law statement under § 29.1-733.20, and other evidence of previous or current transfers of ownership.
E. In responding to a request under this section, the Department shall provide the requested information in any medium. On request, the Department shall send the requested information in a record that is self-authenticating.
F. Employees of the Department are authorized to administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of this article. They shall receive no compensation for these services.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.28. Relationship to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003 (b)).
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-733.29. Savings clause

A. The rights, duties, and interests flowing from a transaction, certificate of title, or record shall remain valid on and after July 1, 2014, if the transaction, certificate of title, or record:
1. Relates to a watercraft;
2. Was validly entered into or created before July 1, 2014; and
3. Would be subject to this article if it had been entered into or created on or after July 1, 2014.
B. This article does not affect an action or proceeding commenced before July 1, 2014.
C. Except as otherwise provided in subsection D, a security interest that is enforceable immediately before July 1, 2014, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article.
D. A security interest perfected immediately before July 1, 2014, remains perfected until the earlier of:
1. The time perfection would have ceased under the law under which the security interest was perfected; or
2. Three years after July 1, 2014.
E. This article does not affect the priority of a security interest in a watercraft if immediately before July 1, 2014, the security interest is enforceable and perfected, and that priority is established.
2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-734. Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area

A. Any owner of real estate which touches any of the waters of this Commonwealth or the agent of the owner may petition the Board to authorize the placing of markers approved by the Board around a public swimming or bathing area.
B. The Department, upon receiving the petition and sufficient proof that the water adjacent to the real estate is used in whole or in part as a public swimming or bathing area, may authorize the placement of the markers to designate the area as a swimming or bathing area.
C. The cost of the purchase and placement of the markers shall be borne by the party requesting the placement of the markers.
D. No person shall operate a motorboat or manipulate skis within the area of the waters of the Commonwealth marked under this section. Persons violating this subsection shall be guilty of a Class 4 misdemeanor.
1964, c. 654, § 62-174.5:1; 1968, c. 659, § 62.1-171; 1983, c. 475; 1987, c. 488.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-734.1. Skin and scuba divers

A. No person shall engage in skin diving or scuba diving from a boat in the waters of this Commonwealth which are open to boating, or assist in such diving, without displaying a diver's flag from a mast, buoy, or other structure at the place of diving; and no person shall display such flag except when diving operations are under way or in preparation or display a diver's flag in a location which will unreasonably obstruct vessels from making legitimate navigational use of the water.
B. The diver's flag shall be square, not less than twelve inches on a side, and shall be of red background with a diagonal white stripe, of a width equal to one fifth of the flag's height, running from the upper corner adjacent to the mast downward to the opposite outside corner.
C. No operator of a vessel under way in the waters of this Commonwealth shall permit such vessel to approach closer than twenty-five yards to any structure from which a diver's flag is then being displayed.
1987, c. 488.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-735. Regulations for vessel operation and equipment

A. The Board shall adopt such regulations as it deems appropriate: (i) to provide rules for the safe and reasonable operation of vessels so as to reduce the risks of collision, personal injury and property damage as a result of such operation; and (ii) to govern the number, type, condition, performance capabilities, use, and stowage on board, of lifesaving (personal flotation) devices and other safety equipment to be carried on vessels or classes of vessels operated on waters within the territorial limits of this Commonwealth.
B. The Board is hereby authorized to make regulations to the extent necessary to keep these requirements generally in conformity with the provisions of the federal navigation laws, or with the rules promulgated by the United States Coast Guard or the United States Secretary of Transportation.
C. No person shall operate or give permission for the operation of a vessel which is not equipped as required by Board regulations.
1984, c. 417, § 62.1-172.1; 1987, c. 488.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-735.1. Board authorized to promulgate regulations for seaplanes

The Board may promulgate regulations governing the takeoff, landing and taxi of seaplanes on impoundments located in the inland waters of the Commonwealth, so as to reduce the risks of collision, personal injury and property damage as a result of such operation. Such regulations shall not be inconsistent with regulations of the Federal Aviation Administration. Conservation police officers shall report any alleged violations of federal or state regulations regarding the operation of seaplanes or aircraft to the appropriate federal authorities responsible for regulating the operation of seaplanes and aircraft.
1994, c. 414.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-735.3. Regulation of parasail operators

The Board shall promulgate regulations applicable to the commercial operations of parasail operators on waters of the Commonwealth. Such regulations shall take into consideration the operating standards and guidelines of the Professional Association of Parasail Operators.
2007, c. 625; 2020, c. 958.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-736. Boat rentals; equipment; safety course

A. It shall be unlawful to rent a motorboat to any person unless the provisions of this chapter have been complied with. It shall be the duty of persons renting motorboats to equip them as required by this chapter.
B. It shall be unlawful for any person to regularly offer a boat or boats, other than a motorboat, for rent for use on the public waters of the Commonwealth unless such person provides, for the use of each passenger in the boat, a life preserver of the sort prescribed by the regulations of the Board.
C. It shall be unlawful for any person, without first successfully completing a basic boating safety education course approved by the Director, to rent a personal watercraft to another person.
1960, c. 500, § 62-174.8; 1962, c. 626; 1968, c. 659, § 62.1-174; 1987, c. 488; 1998, c. 515.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-737. Muffling devices

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The muffling device shall exhaust at or below the water line or it shall be equipped with mechanical baffles. The use of cutouts is prohibited, except as approved by the Department or the U.S. Coast Guard.
1960, c. 500, § 62-174.9; 1968, c. 659, § 62.1-175; 1987, c. 488; 1997, c. 108.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738. Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc.

A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.
B. No person shall operate any watercraft, as defined in § 29.1-733.2, or motorboat which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in § 18.2-266 as indicated by a chemical test administered in accordance with § 29.1-738.2, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the watercraft or motorboat safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.
C. For purposes of this article, the word "operate" includes being in actual physical control of a watercraft or motorboat and "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
1960, c. 500, § 62-174.10; 1962, c. 626; 1968, c. 659, § 62.1-176; 1987, c. 488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015; 1997, c. 703; 2005, c. 616; 2013, c. 787.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.01. Operating boat in an improper manner; penalty

Notwithstanding the provisions of § 29.1-738, upon the trial of any person charged with reckless boating where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless boating but guilty of improper boating. Improper boating shall be punishable as a Class 3 misdemeanor.
1991, c. 404.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.02. Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty

A. It shall be unlawful for any person under the age of twenty-one to operate any watercraft or motorboat upon the waters of the Commonwealth after consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall be in violation of this section.
B. A violation of this section shall be punishable by denial by the court of such person's privilege to operate a watercraft or motorboat for a period of six months from the date of conviction and by a fine of not more than $500. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 29.1-738.5.
1996, c. 631.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.03. Reckless operation of a personal watercraft

A person shall be guilty of reckless operation of a motorboat or vessel who operates any personal watercraft recklessly or at a speed or in such a manner so as to endanger the life, limb or property of any person, which shall include, but not be limited to:
1. Weaving through vessels which are underway, stopped, moored or at anchor while exceeding a reasonable speed under the circumstances and traffic conditions existing at the time;
2. Following another vessel or person on water skis or other similar device, crossing the path of another vessel, or jumping the wake of another vessel more closely than is reasonable and prudent, having due regard to the speed of both vessels and the traffic on and the condition of the waters at the time;
3. Crossing between the towing vessel and a person on water skis or other device; or
4. Steering toward an object or person and turning sharply in close proximity to such object or person in order to spray or attempt to spray the object or person with the wash or jet spray of the personal watercraft.
A person who violates this section shall be guilty of a Class 1 misdemeanor, and for a second or subsequent offense, the court shall order the person not to operate a personal watercraft which is underway upon the waters of the Commonwealth for a period of twelve months.
1998, c. 514.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.1. Analysis of breath to determine alcohol content of blood

Any person who is suspected of a violation of subsection B of § 29.1-738 or § 29.1-738.02 shall be entitled, if such equipment is available, to have a preliminary breath analysis for the purpose of obtaining an analysis of the probable alcohol content of his blood. The procedures and requirements of § 18.2-267 shall apply, mutatis mutandis.
1989, c. 726; 1996, c. 631.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.3. Presumptions from alcohol or drug content

In any prosecution for operating a watercraft or motorboat that is underway in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738, or of a similar ordinance of any county, city or town, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of § 29.1-738.2 or (ii) performed by the Department of Forensic Science in accordance with the provisions of §§ 18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect's whole blood drawn pursuant to a search warrant shall give rise to the rebuttable presumptions of subdivisions A 1 through 4 of § 18.2-269.
1989, c. 726; 1995, c. 130; 2005, c. 616; 2017, c. 623.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.4. Additional penalty for reckless or intoxicated operation of a watercraft or motorboat

In addition to any other penalties authorized by law, upon conviction of any person for violation of any provision of § 29.1-738, the court shall order such person not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth for a period of twelve months from the date of a first conviction or for a period of three years from the date of a second or subsequent conviction within ten years of a first conviction. The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section shall run consecutively with any such order imposed for refusal to permit a blood or breath sample to be taken.
A first offense of violating this section shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. In addition, the court shall suspend the person's privilege to operate a motorboat or watercraft for the same period for which it had been suspended or revoked when such person violated this section.
The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section may be suspended by the court only as authorized in § 29.1-738.5.
1989, c. 726; 1996, cc. 929, 1015.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.5. Participation in rehabilitation program

A. Any person convicted of a violation of subsection B of § 29.1-738, or any ordinance of a county, city or town similar to the provisions thereof, or any second offense thereunder, shall, with leave of court or upon court order, enter into an alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP) in the judicial district in which the charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. In the determination of the eligibility of such person to enter a program, the court shall consider his prior record of participation in any other rehabilitation program. Suspension of the penalties imposed pursuant to § 29.1-738.4 shall be conditioned upon successful completion of such a program.
B. The court shall require the person entering such program under the provisions of subsection A to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed ten percent, shall be forwarded quarterly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of alcohol rehabilitation programs. Upon a finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for extended treatment under such program may be charged.
C. Upon such conviction, the court shall impose the sentence authorized. Upon a finding that a person so convicted is eligible for participation in an alcohol rehabilitation program, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to a program. If the court finds that a person is not eligible for a program or subsequently that the person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered. Appeals from any such disposition shall be allowed as provided by law.
The court shall have jurisdiction over any person entering a program under the provisions of this section until such time as the case has been disposed of by either successful completion of the program, or final imposition of sentence upon ineligibility or violation of a condition imposed by the court, whichever occurs first.
D. The Commission on VASAP shall establish standards and criteria for the implementation and operation of water safety alcohol rehabilitation programs. The Commission on VASAP shall also establish criteria for the modalities of administration of such programs, as well as public information, accounting procedures and allocation of funds.
1989, c. 726.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-738.6. When arrested person operating a vessel; how vessel removed from scene of arrest

In any case in which a law-enforcement officer arrests the operator of a vessel, and there is no legal cause for the retention of the vessel by the officer, the officer shall allow the person arrested to designate another person who is present at the scene of the arrest to operate the vessel from the scene to a place designated by the person arrested. If such a designation is not made, the officer may cause the vessel to be taken to the nearest appropriate place for safekeeping.
1997, c. 152.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-739. Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest

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 minimize any danger caused by the collision, accident, 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. Any person who complies with this subsection or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment or other assistance where the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
B. In case of collision, accident, or other casualty involving a vessel, the operator of the vessel, if the collision, accident, or other casualty is of such a nature as to be reportable pursuant to regulations adopted by the Board, shall notify within a reasonable time a law-enforcement officer of the Commonwealth, conservation police officer, or Marine Resources Commission inspector.
The operator shall file with the Department a full report of the collision, accident, or other casualty, as the regulations of the Board may require. The report shall be without prejudice, shall be for the information of the Department only, and shall not be open to public inspection. The fact that such a report has been made shall be admissible in evidence solely to show compliance with this section and applicable regulations, but no such report nor any statement contained in the report shall be admissible as evidence for any other purpose in any trial.
C. Any officer investigating any collision, accident or other casualty shall have authority, in lieu of arresting any person charged with violating any of the provisions of this chapter, to issue a written summons to the person (stating name, address, boat number, offense charged, etc.) to appear in court as in § 46.2-936.
1960, c. 500, § 62-174.11; 1962, c. 626; 1968, c. 659, § 62.1-177; 1972, c. 412; 1973, c. 381; 1987, c. 488; 1991, c. 336; 2007, c. 87.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-739.1. Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty

A. Any person who, having received a visible or audible signal of a flashing light or siren from any conservation police officer or other law-enforcement officer to bring his motorboat or other vessel, or seaplane to a stop, fails to do so promptly shall be guilty of a Class 3 misdemeanor.
B. Any person who, having received a visible or audible signal of a flashing light or siren from any conservation police officer or other law-enforcement officer to bring his motorboat or other vessel, or seaplane to a stop, (i) operates or navigates such motorboat or other vessel, or seaplane in willful or wanton disregard of such signal so as to endanger the life of the law-enforcement officer or other persons or to interfere with the operation of a law-enforcement vessel, or (ii) increases his speed and attempts to escape or elude a law-enforcement officer shall be guilty of a Class 1 misdemeanor.
1993, c. 243; 1994, c. 414; 2007, c. 87.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-739.2. Conservation police officers to patrol lakes

The Department shall have an enhanced enforcement effort that is commensurate with the level of boating activity from Memorial Day through Labor Day in the waters of those Virginia lakes that (i) are of a size comparable to or greater than Smith Mountain Lake and (ii) have a comparable number of reported boating accidents during the last five years as Smith Mountain Lake.
2005, c. 233; 2007, c. 87; 2008, c. 535.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-740. Duty to stop and render assistance; penalties for violations

It shall be the duty of every operator of a vessel involved in a collision to stop and render assistance as required by § 29.1-739. If any person knowingly fails to comply with the provisions of § 29.1-739 when the collision, accident or other casualty results in serious bodily injury to, or the death of, any person, he shall be guilty of a Class 6 felony. If any person knowingly fails to comply with the provisions of § 29.1-739, when the collision, accident or other casualty results only in damage to property, he shall be guilty of a Class 1 misdemeanor. However, if the vessel struck is unattended and the damage is less than fifty dollars, such person shall be punished only by a fine not exceeding fifty dollars.
1975, c. 429, § 62.1-177.1; 1987, c. 488.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-741. Furnishing information to agency of United States

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department pursuant to subsection B of § 29.1-739 shall be transmitted to the official or agency of the United States.
1960, c. 500, § 62-174.12; 1968, c. 659, § 62.1-178; 1987, c. 488.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-742. Towing water skis, surfboards, etc.

A. No person shall operate a vessel on any waters of the Commonwealth for towing a person or persons on water skis, a surfboard, or a similar device unless there is in the 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 the Commonwealth towing a person or persons on water skis, a surfboard, or a similar device, nor shall any person engage in water skiing or a similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. The provisions of this subsection shall not constitute a defense to any provision of § 29.1-738.
C. The provisions of subsections A and B of this section do not apply to a performer engaged in a professional exhibition.
D. No person shall operate or manipulate any vessel, towrope, or other device by which the direction or location of water skis, a surfboard, or a similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person upon the device to collide with any object or person.
1960, c. 500, § 62-174.13; 1962, c. 626; 1968, c. 659, § 62.1-179; 1982, c. 236; 1987, c. 488; 1988, c. 265; 1993, c. 275; 1997, c. 108.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-744.3. Slacken speed and control wakes near structures

It shall be unlawful to operate any motorboat, except a personal watercraft, at a speed greater than the slowest possible speed required to maintain steerage and headway when within 50 feet or less of docks, piers, boathouses, boat ramps, or a person in the water, unless such person in the water (i) is being towed by the motorboat or (ii) is accompanying the motorboat, provided that such motorboat is propelled by an inboard motor or a means of propulsion that is below the water line and forward of (a) the transom or (b) an integrated swim platform.
1998, c. 857; 2012, c. 700; 2018, cc. 117, 637.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-744.4. "Pass-through" zones; local ordinances; penalties

After providing notice to the Department, any locality may, by ordinance, establish "pass-through" zones in any portion of a waterway within its territorial limits where congestion of watercraft traffic routinely poses a significant safety risk to persons in such designated area. The ordinance shall provide that while in a pass-through zone, operators of watercraft shall maintain a reasonable and safe speed and shall be prohibited from stopping, anchoring, loitering, or otherwise engaging in recreational activity. The locality shall clearly identify pass-through zones by buoys or other markers that conform to the general requirements as established by the Board for similar buoys or markers. The locality may provide for enforcement and penalties, not to exceed a Class 4 misdemeanor, for the violation of the ordinance.
2003, c. 780.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-745. Enforcement of chapter; vessels displaying Coast Guard inspection decal

A. Every conservation police officer, officer of the Virginia Marine Police, and other law-enforcement officer of the Commonwealth and its subdivisions shall have the authority to enforce the provisions of this chapter and shall have authority to stop, board, and inspect any vessel subject to this chapter after having identified himself in his official capacity. Except for enforcement of § 29.1-738 and the requirement of having the registration certificate on board, the provisions of this subsection shall not apply to any vessel of 26 feet or more in length on which is displayed a current valid United States Coast Guard or United States Coast Guard Auxiliary inspection decal.
B. Notwithstanding the provisions of subsection A, no conservation police officer, officer of the Virginia Marine Police, or other law-enforcement officer shall, without the consent of the owner, stop, board, or inspect any noncommercial vessel subject to this chapter unless such officer has reasonable suspicion that a violation of law or regulation exists, except that conservation police officers and officers of the Virginia Marine Police may conduct lawful stops or boardings to inspect hunting, fishing, and trapping licenses pursuant to §§ 28.2-231 and 29.1-337 or to inspect creel and bag limits pursuant to § 29.1-209 and may conduct lawful boating safety checkpoints in accordance with established agency policy.
1960, c. 500, § 62-174.17; 1964, c. 654; 1968, c. 659, § 62.1-184; 1980, c. 567; 1987, c. 488; 2007, c. 87; 2015, c. 484.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-746. Penalties

A. Unless specified otherwise, any person who violates any provision of this chapter or any regulation adopted under this chapter shall be guilty of a Class 4 misdemeanor for each such violation.
B. Upon the conviction of any person for the violation of any provision of this chapter or any regulation adopted thereunder for which the criminal penalty is a Class 3 misdemeanor or greater, the court shall order the person to complete and pass a boating safety course approved by the National Association of State Boating Law Administrators and accepted by the Department. A list of such courses shall be made available by the Department. Any person who has been ordered by the court to complete and pass a boating safety course shall submit to the court, in a form approved by the Department, proof of completion and passage of the course within six months of the time of his conviction. If the person who has been required to complete and pass a boating safety course is under 18 years of age, the court may require the person to obtain parental consent to enroll in the course. If the person does not complete and pass the boating safety course within the prescribed time period, the court may, for good cause, extend the period for completion; however, absent good cause, the court shall impose a fine not to exceed $250.
1960, c. 500, § 62-174.18; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-185; 1984, c. 417; 1987, c. 488; 2006, c. 23.
2023 Code of Virginia › Title 29.1 - Wildlife, Inland Fisheries and Boating › Chapter 7 - Boating Laws › § 29.1-747. Repealed

Repealed by Acts 1998, cc. 84 and 563, and repealed by Acts 1998, cc. 443, 512, 514, 515, 537, effective January 1, 1999.