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Proposed Regulation

4 VAC 15-410-10 et seq.. Watercraft: Boating Safety Education.

Summary

The proposal is to adopt a new regulation of 16 regulation sections to comply with § 29.1-735.2 of the Code of Virginia, which mandates that the Board of Game and Inland Fisheries promulgate regulations by July 1, 2008 to implement a boating safety education program for all motorboat and personal watercraft operators to meet boating safety education requirements.

Text of Regulation

• 4 VAC 15-410-10 et seq. (PDF)

Rationale

The proposal is to add a new boating regulation, 4VAC15-410, to address the boating safety education compliance requirement pursuant to § 29.1-735.2 of the Code of Virginia. This regulation, if adopted, will establish the implementing details for the boating safety education compliance requirement as set forth in Chapter 625 of the 2007 Acts of the Virginia General Assembly (from House Bill 1627 and Senate Bill 1241 of the 2007 Assembly session).

See Code of Virginia § 29.1-735.2. Boating safety education required; Board to promulgate regulations.

According to the 2007 legislation, the Board shall promulgate regulations by July 1, 2008 to implement a boating safety education program for all motorboat (with a motor of 10 horsepower or greater) and personal watercraft operators to meet boating safety education requirements. Such regulations shall include provisions that phase-in the requirements for boating safety education according to age categories specified in the law; these phase-in provisions are detailed in proposed regulation section 4VAC15-410-30.

The legislation further details that such regulations may include, but not be limited to, provisions for compliance, statewide availability of National Association of State Boating Law Administrators (NASBLA)-approved courses including through the Internet, the issuance of certificates to document successful course completion, duplicate certificates, recordkeeping, requirements for course providers, instructor certification, student name and address changes, equivalency exam criteria, provisions for an open book test for classroom based courses, requirements for motorboat rental and leasing businesses, issuance of a temporary operator's certificate, and the establishment of fees (not to exceed the cost of giving such instruction for each person participating in and receiving the instruction) for boating safety courses and certificates. These provisions are detailed in proposed regulation sections 4VAC15-410-40 through 4VAC15-410-130 and also in 4VAC15-410-150.

NASBLA National Boating Education Standards referenced in the proposed regulation may be viewed on NASBLA's Web site: www.nasbla.org (PDF).

It is important to note the proposed regulation section for an optional Virginia boater education card (4VAC15-410-140) and to particularly emphasize that this is not a boat operator's license. The Department's intent with this optional card is to offer to boaters having met the boating safety education compliance requirement a plastic card that should be more durable and long-lasting than the typical course completion certificate or wallet card. The request for this card is completely at the discretion of the boater.

In developing this regulation, the Department has worked with the Virginia Safe Boating Alliance (which includes the B.A.S.S. Federation Nation of Virginia, Friends of Claytor Lake, Lake Anna Civic Association, Lake Gaston Association, Lake Gaston Water Safety Council, Smith Mountain Lake Association, U. S. Coast Guard Auxiliary, U. S. Power Squadrons, Virginia Association of Marine Industries, S.P.I.N — Stop Propeller Injuries Now, National Transportation Safety Board, and Marine Retailers Association of America), the private course providers for internet-based courses, the Recreational Vessel Subcommittee for Coast Guard Sector Hampton Roads, and the Office of Boating Safety at Coast Guard Headquarters.

As required by the legislation, the proposed regulation has been presented to the House Agriculture, Chesapeake and Natural Resources Committee and the Senate Agriculture, Conservation and Natural Resources Committee.

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