Thursday, April 26, 2007
Facts you need to know about mandatory boating safety training
Bill Cochran
Recent columns
Boating in Virginia has been a rather carefree pastime where you can jump into a craft, turn the key or jerk the starter rope and take off. That’s about to end.
The 2007 General Assembly passed legislation that will require most boat operators to complete an approved safety education course.
It isn’t something you have to do in the next month or two. The requirement will be phased in over a lengthy period that begins July 1, 2009 and is completed July 1, 2016, which is nearly 10 years from now.
Boaters and would-be boaters are beginning to ask questions about the new law, and I am addressing many of them in this column, with technical assistance from Charlie Sledd. He is the Department of Game and Inland Fisheries Boating Safety Director/State Boating Law Administrator and immediate past president of the National Association of State Boating Law Administrators. Here’s what people are asking:
Q. I took a safety course about 5 years ago. Do I have to take another one?
A. Not if you have a certificate or wallet card offering proof that you have completed a course or if that information can be found in the Department of Game and Inland Fisheries data base.
Q. We have a place on Smith Mountain Lake. Often in the summertime guest come visit us, including our grandchildren. They like to run our boat. Will they have to take a safety course to do that?
A. No, not as long as they are under the direct supervision of a person who has met the boating education requirements.
Q. I have a johnboat with a 6-hp outboard that I use on the upper James River and other sheltered water. Will I be required to take a safety course?
A. If you operate an outboard engine that is less than 10 hp you are not required to take the course.
Q. I am age 45. When will I be required to have completed a safety course?
A. Here is the list of how the phase-in period works:
1. Personal watercraft (PWC) operators age 20 or younger must meet the requirement by July 1, 2009. PWC operators who are age 14 and 15 already are required to take a course.
2. PWC operators 35 or younger, July 1, 2010.
3. PWC operators 50 or younger, July 1, 2011.
4. All PWC operators, July 1, 2012.
5. Motorboat operators age 20 or younger, July 1, 2011.
6. Motorboat operators 30 and younger, July 1, 2012.
7. Motorboat operators 40 or younger, July 1, 2013.
8. Motorboat operators 45 or younger, July 1, 2014.
9. Motorboat operators 50 and younger, July 1, 2015
10. All motorboat operators, July 1, 2016.
Q. Are there any exemptions?
A. Yes. They include (1) Commercial fishermen and those working under their supervision, (2) maritime personnel who are licensed by the U.S. Coast Guard or Canadian government, (3) operators who have a rental or lease agreement from a boating business, (4) holders of a temporary, 90-day operator’s certificate that is issued as part of a transfer of ownership when a new or used boat is sold.
Q. I understand that the safety education requirement does not apply to saltwater.
A. You are wrong. There were two bills introduced that addressed boater education. One exempted saltwater, but it was not approved. The legislation that was passed includes all public water.
Q. What is the fine for not complying with this new law?
A. A civil penalty of $100, which will be deposited in the Motorboat and Water Safety Fund of the DGIF Game Protection Fund.
Q. Will there be a fee for taking the course?
A. Probably, but this is a detail yet to be finalized. There are several things that must be nailed down by the DGIF prior to a July 1, 2008 deadline. The DGIF will follow its standard regulatory process. The legislation requires that the agency include input from the boating public, boating organizations and boating businesses. Any fee that is charged must not exceed what it cost to administer the course.
Q. Will I be able to take the course online?
A. Yes. The DGIF Web site, dgif.virginia.gov, lists seven online courses. Just make certain that what you take is approved by NASBLA.
Q. In the past, the U.S. Power Squadron and the U.S. Coast Guard Auxiliary have given boating safety courses. Will they be part of this new process? And will all the courses be alike?
A. The Power Squadron and Coast Guard Auxiliary will continue to offer courses that comply with the new law. The courses will vary slightly, but will meet the NASBLA standards.
Q. While I won’t be required to have taken the course until July 1, 2013, I would like to go ahead and do it ahead of time, like right away. Can I do this?
A. Yes. In fact, boating officials encourage this.
Q. About how much time does it take to complete a course?
A. In most cases, about 6 to 8 hours.
Q. I operate a sailboat. Am I required to take the course?
A. Not if it is a pure sailboat. If your sailboat contains outboard or inboard power then it is considered a motorboat; therefore, you would have to comply with what the regulations say about motorboats.
Q. I live on a popular lake that attracts a large number of out-of-state boaters. Will they be required take a course?
A. Whatever is required of them in their home state will satisfy the Virginia law.
Q. When I take my boat out of state, will my Virginia certification bring me in compliance with the regulation in that state?
A. It should be as long as the course you have completed meets NASBLA standards.
Q. Where is the money coming from to administer this requirement?
A. It will come from boater dollars, such as those generated by boat registration and title fees and the 2 percent Watercraft Sale and Use Tax. DGIF officials believe the cost will be minimal because instruction and testing being used already is in place and the system is being phased in over a 10-year period.
