Robert L. Mertig, Claims Consultant

As summer approaches, it’s important to be aware of recent changes in the boating laws in Virginia pertaining to the operation of personal water craft (PWC) such as Jet Skis and motorboats. These changes include a schedule of required licenses and boating safety instruction that begin to take effect this summer. Over the next few years, eventually all users of PWC will be required to have licenses and take courses to obtain these licenses.

By July 1, 2009, all operators younger than 21 and are operating a PWC of 10 horsepower or more will be required to have a license. If you have a PWC like this and are in this age group, you should sign up now for a class, so you get your license before the summer boating season.

As shown below, certain age groups are required to have licenses each year for the next few years, until by July 1, 2013, all operators of motorboats of 10 horsepower or more will be required to be licensed. There are some exceptions, as noted below.

The purpose of the required classes and licenses is to have fewer accidents and fatalities in the future, and to help fund better enforcement of the laws governing the operation of motorboats and PWC on our tidal and inland bodies of water, so that these waters will be safer for all users.

Below are the official Boating Safety Education Requirements from the Virginia Department of Game and Inland Fisheries:

Virginia Boating Safety Education Requirement
In 2007, the Virginia General Assembly enacted a law to establish a boating safety education compliance requirement. This requirement does not apply to law enforcement officers while engaged in their official duties. The requirement for boating safety education is phased-in over several years and applies to all PWC operators and operators of motorboats of 10hp and greater according to the following schedule:
1. PWC operators 20 years of age or younger shall meet the requirements by July 1, 2009;
2. PWC operators 35 years of age or younger shall meet the requirements by July 1, 2010;
3. PWC operators 50 years of age or younger and motorboat operators 20 years of age or younger shall meet the requirements by July 1, 2011;
4. All PWC operators, regardless of age, and motorboat operators 30 years of age or younger shall meet the requirements by July 1, 2012;
5. Motorboat operators 40 years of age or younger shall meet the requirements by July 1, 2013;
6. Motorboat operators 45 years of age or younger shall meet the requirements by July 1, 2014;
7. Motorboat operators 50 years of age or younger shall meet the requirements by July 1, 2015;
8. All motorboat operators, regardless of age, shall meet the requirements by July 1, 2016.

A person shall be considered in compliance with the requirement for boating safety education if he/she meets one or more of the following provisions:
1. Completes and passes a boating safety education course that is approved by NASBLA and accepted by the Department;
2. Passes an equivalency exam;
3. Possesses 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 or possesses a Canadian Pleasure Craft Operator’s Card;
4. Possesses a temporary operator’s certificate;
5. Possesses a rental or lease agreement from a motorboat rental or leasing business, which lists the person as the authorized operator of the motorboat, and has also completed the Dockside Safety Checklist;
6. Operates the motorboat under onboard direct supervision of a person who meets the compliance requirement;
7. Is a non-resident, is temporarily using the waters of Virginia for a period not to exceed 90 days, and meets any applicable boating safety education requirements of the state of residency, or possesses a Canadian Pleasure Craft Operator’s Card;
8. Has assumed operation of the motorboat due to the illness or physical impairment of the initial operator, and is returning the motorboat to shore in order to provide assistance or care for the operator;
9. Is registered as a commercial fisherman pursuant to the Code of Virginia or is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman’s boat.

© 2009 Virginia Department of Game and Inland Fisheries – Web Policy – WAI-A Compliant
Source: http://www.dgif.virginia.gov/boating/education/boating-safety-education-requirement.asp

About the Author: Bob is claims consultant in the Petersburg, Virginia branch of the personal injury law firm Allen & Allen. A former insurance adjuster, Bob works under the supervision of Attorney Paul Hux to assist clients in settling their personal injury claims.

Attorney Paul D. Hux

Author: Attorney Paul D. Hux

Warm weather is coming, and that means people will be enjoying the outdoors and water sports. We need to be careful when being around the water. One minute it can be beautiful and fun and the next it can turn into a life threatening accident.

If you use a Jetski or other personal water craft (PWC), you should be aware of the dangers and how to keep yourself and others safe. Statistics show that there are currently over 1.48 million PWCs in use with annual riders each year totaling over 20 million Americans. A PWC is a boat just like any other motorized vessel and must obey the navigational rules.

The vast majority of operators do not possess their own PWC, and are either using a friend’s craft or renting one. As a result, probably most operators have not received proper education in the unique handling and operational characteristics of PWCs. The most important safety recommendation if you plan to operate a PWC is to take a boating and safety course that also includes the workings of a PWC. Coast Guard statistics show the most common cause of boating accidents involve operator inexperience, excessive speed and operator inattention. A National Transportation Safety Board reports indicates that roughly 84% of PWC accidents involved operators who had no boating safety education or instruction. Areas of concern will be addressed in any boating and safety class.

Other safety tips include:

• Always wear a Coast-guard approved life vest when operating or riding on a PWC; remember, they float, you do not.
• Operate defensively at safe speeds and safe distances from other people, objects and other watercraft.
• No wake jumping within 100 feet of another vessel.
• No weaving in and out of congested traffic
• Take early action to avoid collisions; remember, PWCs do not have brakes – a PWC can take up to 300 ft to stop from 60 mph.
• Do NOT release the throttle when attempting to turn or steer away from danger – you need throttle to steer.
• Attach engine shut-off cord/lanyard to your life vest or wrist so that the engine stops if you fall off.
• Respect natural or ecologically sensitive areas and the animals that make the water their home.
• Never operate a PWC after consuming drugs or alcohol.
• Never allow an underage individual to operate a PWC.
• Do not operate a PWC before sunrise or after sunset.
• Never carry more than the maximum number of passengers designated for your PWC.

These are a few tips for fun and safe operation of a PWC to keep in mind this spring and summer. There are many websites on the internet that can provide additional safety information, as well as locations for the boater safety classes mentioned above.

Remember, PWC riders will be sharing the water with many other boaters, swimmers, etc.; please show them all the consideration they deserve, and hopefully PWC riders will show others the same courtesy.

About the Author: Paul Hux is the managing trial attorney for the Petersburg, Virginia office of Allen & Allen. Paul specializes in cases involving car accidents, truck accidents and boating accidents. With a strong work ethic, he is dedicated to meeting the needs of every client.