2006 Code of Virginia § 29.1-748 - Restrictions on operation; penalty

29.1-748. Restrictions on operation; penalty.

A. It shall be unlawful for any person to:

1. Operate a personal watercraft unless he is at least sixteen years of age,except any person fourteen or fifteen years of age shall be allowed tooperate a personal watercraft if he (i) has successfully completed a boatingsafety education course approved by the Director and (ii) carries on hisperson, while operating a personal watercraft, proof of successful completionof such course. Upon the request of a law-enforcement officer, such personshall provide proof of having successfully completed an approved course;

2. Operate a personal watercraft unless each person riding on the personalwatercraft is wearing a type I, type II, type III, or type V personalflotation device approved by the United States Coast Guard;

3. Fail to attach the lanyard to his person, clothing, or personal flotationdevice, if the personal watercraft is equipped with a lanyard-type enginecut-off switch;

4. Operate a personal watercraft on the waters of the Commonwealth betweensunset and sunrise;

5. Operate a personal watercraft while carrying a number of passengers inexcess of the number for which the craft was designed by the manufacturer; or

6. Operate a personal watercraft in excess of the slowest possible speedrequired to maintain steerage and headway within fifty feet of docks, piers,boathouses, boat ramps, people in the water, and vessels other than personalwatercraft. Nothing in this section shall prohibit a personal watercraft fromtowing a person with a rope less than fifty feet in length.

B. A violation of any provision of this section shall constitute a Class 4misdemeanor.

C. A violation of this section shall not constitute negligence, be consideredin mitigation of damages of whatever nature, be admissible in evidence or bethe subject of comment by counsel in any action for the recovery of damagesarising out of the operation, ownership, or maintenance of a personalwatercraft, nor shall anything in this section change any existing law, rule,or procedure pertaining to any such civil action, nor shall this section barany claim which otherwise exists.

(1991, c. 320; 1998, cc. 443, 537.)