Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 410 - WATERCRAFT : BOATING SAFETY EDUCATION › Section 4VAC15-410-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this chapter, unless the context clearly requires
				  a different meaning, the following words and terms shall have the following
				  meanings:
"Approved course provider" is any individual, business, or
				  organization that makes available to the boating public a boating safety
				  education course approved by the National Association of State Boating Law
				  Administrators and accepted by the department. An approved course provider
				  shall have executed and have on file a valid cooperative agreement with the
				  department. Persons who simply provide classroom instruction for an approved
				  course provider shall not be considered an approved course provider. The
				  department will make information regarding such approved courses and providers
				  readily available for public access.
"Board" means the Board of Wildlife Resources.
"Boating safety education course" means a course offered in
				  the classroom, through the Internet, or through an electronic format such as
				  CD-ROM that provides a course content and test questions that have been
				  reviewed and approved by the National Association of State Boating Law
				  Administrators in accordance with the National Boating Education Standards,
				  updated January 1, 2008, and accepted by the department. A boating safety
				  education course shall include no less than 50 test questions, which shall
				  include at least 10 test questions specific about Virginia boating laws.
"Department" means the Department of Wildlife Resources.
"Dockside safety checklist" means a document provided by the
				  department that consists of selected facts about Virginia boating laws and safe
				  boat operation that a rental or livery agent or motorboat leasing business is
				  required to present to those who rent or lease a motorboat or personal
				  watercraft. The dockside safety checklist must be reviewed and initialed by the
				  person operating the motorboat before the boat can be rented or leased and
				  operated.
"Equivalency exam" means a written examination that is
				  developed by the department to test the knowledge of information included in
				  the curriculum of a boating safety education course (may also be referred to as
				  a challenge exam). The equivalency exam is intended to provide experienced and
				  knowledgeable boaters with the opportunity to meet the boating safety education
				  compliance requirement set forth in §
									29.1-735.2
				  of the Code of Virginia without having to take and successfully complete a
				  boating safety education course. The equivalency exam shall be comprised of no
				  less than 75 or more than 100 test questions, shall include no less than 25
				  questions specific about Virginia boating laws, shall be proctored by an
				  individual(s) individual specifically designated by the department, and shall
				  be completed without the use of any reference material. A minimum score of at
				  least 80% shall be considered passing.
"Motorboat" means any vessel propelled by machinery whether
				  or not the machinery is the principal source of propulsion and for this chapter
				  shall mean with a motor of 10 horsepower or greater.
"NASBLA" means the National Association of State Boating Law
				  Administrators.
"NASBLA-approved course" means a boating safety education
				  course that has been reviewed and approved by NASBLA. "Onboard direct
				  supervision" as referenced in §
									29.1-735.2B
				  6 and B 9 of the Code of Virginia occurs when a person maintains close visual
				  and verbal contact with, provides adequate direction to, and can immediately
				  assume control of a motorboat from the operator of a motorboat. A person who is
				  water skiing, or is in the cabin of a motorboat and not at the helm/wheel is
				  not considered to be in a position capable of providing direct supervision.
				  "Operate" means to navigate or otherwise control the movement of a motorboat or
				  vessel.
"Optional Virginia Boater Education Card" means a card
				  authorized for issuance by the department to persons who
(i) can show they have met the minimum standard of boating
				  safety education course competency,
(ii) possess a valid license to operate a vessel issued to
				  maritime personnel by the United States Coast Guard or a marine certificate
				  issued by the Canadian government,
(iii) possess a Canadian Pleasure Craft Operator's Card, or
				  (iv) possess a valid commercial fisherman registration pursuant to §
									28.2-241
				  of the Code of Virginia. For the purpose of this subsection a license is
				  considered valid regardless of whether the license is current. This card may be
				  issued as a replacement boating safety course card.
"Personal watercraft" means a motorboat less than 16 feet in
				  length that uses an inboard motor powering a jet pump as its primary motive
				  power and that 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.
"Proctored" means that the written equivalency exam has been
				  administered under the direct supervision of
(i) a designated member of the United States Coast Guard
				  Auxiliary or the United States Power Squadrons®,
(ii) a designated department employee or a department
				  volunteer boating safety instructor, or
(iii) an individual who has been approved for such purpose by
				  the department.
"Temporary operator's certificate" means a nonrenewable
				  document issued with the certificate of number for the motorboat or personal
				  watercraft, if the boat is new or was sold with a transfer of ownership. A
				  temporary operator's certificate shall be issued only by the department, by any
				  person authorized by the director to act as an agent to issue a certificate of
				  number pursuant to §
									29.1-706
				  of the Code of Virginia, or by a license agent of the department authorized to
				  issue a temporary registration certificate for a motorboat or personal
				  watercraft. A temporary operator's certificate shall allow the owner to operate
				  a motorboat with a motor of 10 horsepower or greater or personal watercraft in
				  Virginia for 90 days.
"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.
"Waters of the Commonwealth" means any public waters within
				  the territorial limits of the Commonwealth.
Statutory Authority: 45.1-161.3, 45.1-161.294, and
					 45.1-161.305 of the Code of Virginia.