Title 29.1, Title 29.1. Wildlife, Inland Fisheries and Boating

Any person who knowingly makes any false affidavit or knowingly swears to or affirms falsely any matter or thing required by this chapter or Chapter 8 (§ 29.1-800 et seq.) of this title or by the Director incidental to his administration of the boating laws shall, upon conviction…

Every motorboat on the waters of this Commonwealth shall be numbered except those specifically exempt in § 29.1-710. No person shall operate or give permission for the operation of any motorboat on such waters unless the motorboat is numbered in accordance with this chapter, fede…

A. An owner may obtain a temporary registration certificate from the Department or an authorized agent of the Department. The fee for the temporary registration certificate shall be ten dollars. Each temporary registration certificate issued shall be valid for a period of thirty …

A. The Director may authorize any person to act as an agent to issue temporary registration certificates. Persons accepting such authorization may be issued temporary registration certificates which upon issuance, in conformity with this chapter and with any rules and regulations…

The owner of any motorboat already covered by a number in effect which has been awarded to it pursuant to then operative federal law or pursuant to a federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of thi…

Should the ownership of a numbered motorboat change, a new application form with the appropriate fee as provided in § 29.1-702 shall be filed with the Department, and a new certificate bearing the same number shall be awarded in the manner as provided for in an original award of …

The Director may award any certificate of number directly or may authorize any person to act as an agent to make award. Persons accepting such authorization may be assigned a block of numbers and certificates which upon award, in conformity with this chapter and with any rules an…

All records of the Department made or kept pursuant to this section shall be public records and shall be open for inspection subject to conditions the Board may prescribe. The Director shall furnish, without cost, the annual lists of boat registrations, as of January 1, to the co…

The owner shall furnish the Department with notice of (i) the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in Virginia pursuant to § 29.1-702 or § 29.1-704 or (ii) the destruction or abandonment of such motorbo…

Any holder of a certificate of number shall notify the Department within fifteen days if his address appearing on the certificate changes, and he shall furnish the Department with his new address. The Board may provide in its rules and regulations for the surrender of the certifi…

A motorboat shall not be required to be numbered under this chapter if it is: 1. A motorboat which has been awarded a number pursuant to federal law or a federally approved numbering system of another state if the boat has been within the Commonwealth for less than ninety consecu…

The following shall apply to dealers and manufacturers: 1. The registering and numbering requirements of this chapter shall apply to dealers and manufacturers of motorboats. 2. Applications for certificates of number shall be made on the approved application form prescribed in th…

A. Unless subsection C applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged watercraft that is covered by a certificate of title created by the Department, if the damage occurred while that person was an owner of the watercraft and …

A. For each record relating to a certificate of title submitted to the Department, the Department shall: 1. Ascertain or assign the hull identification number for the watercraft; 2. Maintain the hull identification number and all the information submitted with the application pur…

A. On creation of a written certificate of title, the Department promptly shall send the certificate to the secured party of record or, if none, to the owner of record at the address indicated for that person in the files of the Department. On creation of an electronic certificat…

A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate.

A. Possession of a certificate of title does not by itself provide a right to obtain possession of a watercraft. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the watercraft. This arti…

A. Except as otherwise provided in this section or § 29.1-733.29, a security interest in a watercraft shall be perfected only by delivery to the Department of an application for a certificate of title that identifies the secured party and otherwise complies with § 29.1-733.7. The…

A. A secured party indicated in the files of the Department as having a security interest in a watercraft shall deliver a termination statement to the Department and, on the debtor's request, to the debtor by the earlier of: 1. Twenty days after the secured party receives a signe…

A. On voluntary transfer of an ownership interest in a watercraft covered by a certificate of title, the following rules apply: 1. If the certificate is a written certificate of title and the transferor's interest is noted on the certificate, the transferor promptly shall sign th…

Except as otherwise provided in § 8.9A-337, a certificate of title or other record required or authorized by this article is effective even if it contains incorrect information or does not contain required information.

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 …

The definitions in this section do not apply to any Virginia or federal law governing licensing, numbering, or registration if the same term is used in that law. As used in this article, unless the context requires a different meaning: "Abandoned watercraft" means a watercraft th…

A. As used in this section, unless the context requires a different meaning: "By operation of law" means pursuant to a law or judicial order affecting ownership of a watercraft: 1. Because of death, such as in the case of a legatee, distributee, or surviving joint owner; 2. Becau…

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 shal…

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 informa…

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 …

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…

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 t…

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 se…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

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 noti…

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, 20…

Subject to § 29.1-733.29, this article applies to any transaction, certificate of title, or record relating to a watercraft, even if the transaction, certificate of title, or record was entered into or created before July 1, 2014.

Unless displaced by a provision of this article, the principles of law and equity supplement its provisions.

A. The law of the state or other jurisdiction under whose certificate of title a watercraft is covered governs all issues relating to the certificate from the time the watercraft becomes covered by the certificate until the watercraft becomes covered by another certificate or bec…

A. No person shall operate a watercraft subject to titling under this chapter unless the owner has applied to the Department for a certificate of title for the watercraft or has been issued a valid temporary registration certificate as provided for in § 29.1-703.1. Except as othe…

A. Except as otherwise provided in § 29.1-733.10, 29.1-733.15, 29.1-733.19, 29.1-733.20, 29.1-733.21, or 29.1-733.22, only an owner may apply for a certificate of title. B. An application for a certificate of title shall be signed by the applicant and contain: 1. The applicant's …

A. Unless an application for a certificate of title is rejected under subsection C or D, the Department shall create a certificate for the watercraft in accordance with subsection B not later than 20 days after delivery to it of an application that complies with § 29.1-733.7. B. …

A. A certificate of title shall contain: 1. The date the certificate was created; 2. The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the Department; 3. The mailing address of the owner of …

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…

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…

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,…

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 …

A. No person shall operate a motorboat with a motor of 10 horsepower or greater or personal watercraft on the public waters of the Commonwealth, unless the operator has met the requirements for boating safety education in accordance with the age provisions established in subsecti…

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.