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Virginia Statutes, Title 29.1

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

8 chapters · 372 sections in this title.

All chapters in Title 29.1372 Ch 5, Chapter 5. Wildlife and Fish Laws.96 Ch 3, Chapter 3. Licenses.88 Ch 7, Chapter 7. Boating Laws.80 Ch 8, Chapter 8. Watercraft Dealer Licensi…31 Ch 1, Chapter 1. Administration of Wildlif…28 Ch 4, Chapter 4. Permits Required.22 Ch 2, Chapter 2. Conservation Police Officers.15 Ch 6, Chapter 6. Preserves and Sanctuaries.12

372 sections·Filtered byTitle 29.1✕

Va. Code Ann. § 29.1-733.5 Law governing watercraft covered by certificate of title
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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…
Va. Code Ann. § 29.1-733.6 Certificate of title required
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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…
Va. Code Ann. § 29.1-733.7 Application for certificate of title
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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 …
Va. Code Ann. § 29.1-733.8 Creation and cancellation of certificate of title
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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. …

Va. Code Ann. § 29.1-733.9 Content of certificate of title

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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 …

Va. Code Ann. § 29.1-734 Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area

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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…

Va. Code Ann. § 29.1-734.1 Skin and scuba divers

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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…

Va. Code Ann. § 29.1-735 Regulations for vessel operation and equipment

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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,…

Va. Code Ann. § 29.1-735.1 Board authorized to promulgate regulations for seaplanes

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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 …

Va. Code Ann. § 29.1-735.2 Boating safety education required; Board to promulgate regulations

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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…

Va. Code Ann. § 29.1-735.3 Regulation of parasail operators

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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.

Va. Code Ann. § 29.1-736 Boat rentals; equipment; safety course

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A. It shall be unlawful to rent a motorboat to any person unless the provisions of this chapter have been complied with. It shall be the duty of persons renting motorboats to equip them as required by this chapter. B. It shall be unlawful for any person to regularly offer a boat …

Va. Code Ann. § 29.1-737 Muffling devices

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The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The muffling device shall exhaust at or below the water line or it shall be equipp…

Va. Code Ann. § 29.1-738 Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc

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A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person. B. No person shall operate a…

Va. Code Ann. § 29.1-738.01 Operating boat in an improper manner; penalty

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Notwithstanding the provisions of § 29.1-738, upon the trial of any person charged with reckless boating where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless boating but guilty of improper boating. Improper boating sha…

Va. Code Ann. § 29.1-738.02 Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty

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A. It shall be unlawful for any person under the age of twenty-one to operate any watercraft or motorboat upon the waters of the Commonwealth after consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or m…

Va. Code Ann. § 29.1-738.03 Reckless operation of a personal watercraft

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A person shall be guilty of reckless operation of a motorboat or vessel who operates any personal watercraft recklessly or at a speed or in such a manner so as to endanger the life, limb or property of any person, which shall include, but not be limited to: 1. Weaving through ves…

Va. Code Ann. § 29.1-738.1 Analysis of breath to determine alcohol content of blood

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Any person who is suspected of a violation of subsection B of § 29.1-738 or § 29.1-738.02 shall be entitled, if such equipment is available, to have a preliminary breath analysis for the purpose of obtaining an analysis of the probable alcohol content of his blood. The procedures…

Va. Code Ann. § 29.1-738.2 Consent to blood or breath test

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A. Any person who operates a watercraft or motorboat which is underway upon waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determin…

Va. Code Ann. § 29.1-738.3 Presumptions from alcohol or drug content

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In any prosecution for operating a watercraft or motorboat that is underway in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738, or of a similar ordinance of any county, city or town, the amount of alcohol or drugs in the blood of the accused at the time of …

Va. Code Ann. § 29.1-738.4 Additional penalty for reckless or intoxicated operation of a watercraft or motorboat

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In addition to any other penalties authorized by law, upon conviction of any person for violation of any provision of § 29.1-738, the court shall order such person not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth for a period of twelv…

Va. Code Ann. § 29.1-738.5 Participation in rehabilitation program

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A. Any person convicted of a violation of subsection B of § 29.1-738, or any ordinance of a county, city or town similar to the provisions thereof, or any second offense thereunder, shall, with leave of court or upon court order, enter into an alcohol safety action program certif…

Va. Code Ann. § 29.1-738.6 When arrested person operating a vessel; how vessel removed from scene of arrest

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In any case in which a law-enforcement officer arrests the operator of a vessel, and there is no legal cause for the retention of the vessel by the officer, the officer shall allow the person arrested to designate another person who is present at the scene of the arrest to operat…

Va. Code Ann. § 29.1-739 Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest

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A. It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to render persons affected by the collision, accident, or other casualty such …

Va. Code Ann. § 29.1-739.1 Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty

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A. Any person who, having received a visible or audible signal of a flashing light or siren from any conservation police officer or other law-enforcement officer to bring his motorboat or other vessel, or seaplane to a stop, fails to do so promptly shall be guilty of a Class 3 mi…

Va. Code Ann. § 29.1-739.2 Conservation police officers to patrol lakes

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The Department shall have an enhanced enforcement effort that is commensurate with the level of boating activity from Memorial Day through Labor Day in the waters of those Virginia lakes that (i) are of a size comparable to or greater than Smith Mountain Lake and (ii) have a comp…

Va. Code Ann. § 29.1-740 Duty to stop and render assistance; penalties for violations

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It shall be the duty of every operator of a vessel involved in a collision to stop and render assistance as required by § 29.1-739. If any person knowingly fails to comply with the provisions of § 29.1-739 when the collision, accident or other casualty results in serious bodily i…

Va. Code Ann. § 29.1-741 Furnishing information to agency of United States

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In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department pursuant to subsection B of § 29.1-739 shall be transmitted to the official or agency of the United States.

Va. Code Ann. § 29.1-742 Towing water skis, surfboards, etc

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A. No person shall operate a vessel on any waters of the Commonwealth for towing a person or persons on water skis, a surfboard, or a similar device unless there is in the vessel a person, in addition to the operator, in a position to observe the progress of the person or persons…

Va. Code Ann. § 29.1-744 Local regulation; application for placement or removal of "no wake" buoys, etc

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A. Any political subdivision of this Commonwealth may, at any time, but only after public notice, formally apply to the Board for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits and shall spec…

Va. Code Ann. § 29.1-744.3 Slacken speed and control wakes near structures

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It shall be unlawful to operate any motorboat, except a personal watercraft, at a speed greater than the slowest possible speed required to maintain steerage and headway when within 50 feet or less of docks, piers, boathouses, boat ramps, or a person in the water, unless such per…

Va. Code Ann. § 29.1-744.4 "Pass-through" zones; local ordinances; penalties

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After providing notice to the Department, any locality may, by ordinance, establish "pass-through" zones in any portion of a waterway within its territorial limits where congestion of watercraft traffic routinely poses a significant safety risk to persons in such designated area.…

Va. Code Ann. § 29.1-745 Enforcement of chapter; vessels displaying Coast Guard inspection decal

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A. Every conservation police officer, officer of the Virginia Marine Police, and other law-enforcement officer of the Commonwealth and its subdivisions shall have the authority to enforce the provisions of this chapter and shall have authority to stop, board, and inspect any vess…

Va. Code Ann. § 29.1-746 Penalties

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A. Unless specified otherwise, any person who violates any provision of this chapter or any regulation adopted under this chapter shall be guilty of a Class 4 misdemeanor for each such violation. B. Upon the conviction of any person for the violation of any provision of this chap…

Va. Code Ann. § 29.1-748 Restrictions on operation; penalty

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A. It is 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 to operate a personal watercraft if he (i) has successfully completed a boating safety education c…

Va. Code Ann. § 29.1-748.1 Local ordinances; operation on lakes; minimum distance from shoreline; penalty

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A. Any locality in Planning District 23 may, by ordinance, prohibit the operation of a personal watercraft on a public lake measuring less than 50 acres in extent. Such ordinance shall provide that a violation of the prohibition constitutes a Class 4 misdemeanor. Any violation of…

Va. Code Ann. § 29.1-749 Owner of personal watercraft permitting violation; penalty

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A. It shall be unlawful for the owner of or any person having control of a personal watercraft to authorize or knowingly permit a person under the age of sixteen to operate the personal watercraft, unless the person fourteen or fifteen years of age has successfully completed a bo…

Va. Code Ann. § 29.1-749.1 Identification of personal watercraft rentals

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Every business located in a city with a population greater than 390,000 that provides personal watercraft for rent shall place the letter "R," at least eleven inches in height and eight and one-half inches in width, on both sides of each personal watercraft rental, in either red …

Va. Code Ann. § 29.1-749.2 Local regulation of personal watercraft rentals; penalty

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A. The City of Virginia Beach may by ordinance regulate personal watercraft as provided in this section. Any ordinance enacted pursuant to this section may include any of the following provisions: 1. Any business which offers personal watercraft for rent shall (i) require any per…

Va. Code Ann. § 29.1-749.3 Personal watercraft instruction; rental agents

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Any person who is in the business of renting personal watercraft to the public shall provide to any person who rents a personal watercraft instruction on the laws of the Commonwealth governing motorboat operation, specific operating requirements of the personal watercraft being r…

Va. Code Ann. § 29.1-750 Exemptions

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The provisions of this article shall not apply to participants in regattas, races, marine parades, tournaments, or exhibitions approved by the Board or United States Coast Guard.

Va. Code Ann. § 29.1-800 Short title

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The short title of this chapter is "Virginia Watercraft Dealer Licensing Act."

Va. Code Ann. § 29.1-801 Definitions

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Unless the context otherwise requires, the following words and terms for the purpose of this chapter shall have the following meanings: "Certificate of origin" means the document provided by the manufacturer of a new watercraft, or its distributor, which is the only valid indicat…

Va. Code Ann. § 29.1-802 General powers of Board

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The Board shall promote the interest of the retail buyers of watercraft. The Board may prevent unfair methods of competition and unfair or deceptive acts or practices.

Va. Code Ann. § 29.1-803 Powers with respect to hearings, legal proceedings, witnesses, etc

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The Director may, in hearings arising under this chapter, determine the place in the Commonwealth where they shall be held; subpoena witnesses; take depositions of witnesses residing without the Commonwealth in the manner provided for in civil actions in courts of record; pay suc…

Va. Code Ann. § 29.1-804 Suit to enjoin violations

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The Director may, whenever he shall believe from evidence submitted to him that any person has been or is violating any provision of this chapter, in addition to any other remedy, bring action in the name of the Commonwealth against such person and any other persons concerned or …

Va. Code Ann. § 29.1-805 Regulations

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The Board may make such regulations requiring persons licensed under this chapter to keep and maintain records reasonably required for the enforcement of this chapter, and such other regulations, not inconsistent with the provisions of this chapter, as it shall deem necessary or …

Va. Code Ann. § 29.1-806 Examination or audit of licensee; complaints; costs

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A. The Director may inspect the pertinent books, records, letters and contracts of a licensee relating to any written complaint for a violation of this chapter made to him against such licensee. If such licensee is found to have violated this chapter or any lawful order of the Di…

Va. Code Ann. § 29.1-807 Penalties

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Any person violating any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor.

Va. Code Ann. § 29.1-808 Licenses required

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It is unlawful for any person to engage in business in this Commonwealth as a new watercraft dealer, used watercraft dealer, watercraft salesman, watercraft demonstrator, manufacturer, factory branch, distributor, distributor branch, or factory or distributor representative witho…