H. B. 2804
(By Delegate Staton, Canterbury, Keener,
Craig, Stephens, Fox and Swartzmiller)
[Introduced March 8, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-c, relating
to the regulation of personal watercrafts; restricting the
age of operation of personal watercrafts; requiring certain
flotation and safety devices on personal watercrafts;
restricting the hours of personal watercraft use;
prohibiting certain reckless activities; providing for
certain educational requirements to operate personal
watercrafts; setting guidelines for towing water skiers and
other towables; regulating liveries regarding personal
watercrafts; providing for exemptions from educational and
regulatory requirements; and establishing penalties.
Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-c, to read
as follows:
CHAPTER 20. NATURAL RESOURCES
ARTICLE 3C. PERSONAL WATERCRAFT OPERATIONS ACT
§20-3C-1. Short Title.
This act may be cited as the Personal Watercraft Operations
Act.
§20-3C-2. Definitions.
As used in this article:
(a) The term "personal watercraft" means a small vessel of
less than sixteen feet in length which uses an inboard motor
powering a water jet pump as its primary source of motive power
and which is designed to be operated by a person sitting,
standing, or kneeling on the vessel, rather than the conventional
manner of sitting or standing inside the vessel.
(b) The term "specialty prop-craft" means a vessel which is
similar in appearance and operation to a personal watercraft but
which is powered by an outboard motor or propeller driven motor.
§20-3C-3. Regulation of Personal Watercraft.
(a) No person under the age of sixteen may operate a
personal watercraft on the waters of this state;
Provided
, That
a person between the ages of twelve and sixteen may operate a
personal watercraft if a person eighteen years or older is aboard
the personal watercraft.
(b) A person may not operate a personal watercraft unless
each person on board or being towed behind is wearing a type I,
type II, type III, or type V personal flotation device approved by the United States Coast Guard. Inflatable personal flotation
devices do not meet the requirements of this section.
(c) A person operating a personal watercraft equipped by the
manufacturer with a lanyard-type engine cutoff switch must attach
such lanyard to his or her person, clothing, or personal
flotation device as a appropriate for the specific vessel.
(d) A person may not operate a personal watercraft at
anytime between the hours of sunset and sunrise. However, an
agent or employee of a fire rescue, emergency rescue unit, or law
enforcement division is exempt from this subsection while
performing his or her official duties.
(e) A personal watercraft must at all times be operated in
a reasonable and prudent manner. Maneuvers which unreasonably or
unnecessarily endanger life, limb, or property constitutes
reckless operation of a vessel and includes, but is not limited
to:
(1) Weaving through congested traffic;
(2) Jumping the wake of another vessel unreasonably or
unnecessarily close to such other vessel or when visibility
around such other vessel is obstructed or restricted;
(3) Becoming airborne or completely leaving the water while
crossing the wake of another vessel within one-hundred feet of
the vessel creating the wake;
(4) Operating at a greater than slow or no-wake speed within
one-hundred feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim areas, swimmers, surfers,
persons engaged in angling, or any manually powered vessel;
(5) Operating contrary to navigation rules including
following too closely to another vessel, including another
personal watercraft. For the purpose of this subdivision,
"following too closely" is construed as a proceeding in the same
direction and operating at a speed in excess of tem miles per
hour within one-hundred feet to the rear or fifty feet to the
side of another vessel which is underway, unless said vessels are
operating in a narrow channel, in which case personal watercraft
may operate at the speed and flow of the other vessel traffic
within the channel.
§20-3C-4. Educational Requirements.
(a) No person born after January 1, 1986, may operate on the
waters of this state a personal watercraft powered by a motor of
ten Horse Power or greater: Provided, That the operator has
successfully completed either a safe boater course approved by
the National Association of State Boating Law Administrators and
the state, or a proficiency examination that tests the knowledge
of information included in the curriculum of such a course, and
has received a certificate as evidence of successful completion
of the course or examination.
(b) If a non-resident of the state is operating a personal
watercraft within the waters of this state, the operator would be
subject to the rules and regulations of this section for education certification. If the non-resident holds in his or her
possession proof that he or she has completed within the state of
residence, an education course or equivalency test that meets or
exceeds the requirements of this section, such proof satisfies
the requirement.
(c) Any operator, resident or non-resident, is required to
have available proof of completion of such course on board the
personal watercraft while operating on the waters of this state.
§20-3C-5. Towing water skiers and towables.
(a) No person may operate a personal watercraft towing
another person on water skis or other towables unless the
personal watercraft has, on board, in addition to the operator,
a rear-facing observer, who monitors the progress of the person
or persons being towed. This rear-facing observer must be at
least twelve years of age.
(b) No person may operate a personal water craft towing
another person on water skis or other towables unless the total
number of persons operating, observing and being towed does not
exceed the specified number of passengers as identified by the
manufacturer as the maximum safe load for the vessel.
§20-3C-6. Regulation of liveries.
(a) A livery may not lease, hire, or rent a personal
watercraft to or for operation by any person under eighteen years
of age.
(b) A livery must carry liability insurance in the amount of one million dollars.
(c) Livery operators must administer boating safety
instruction in compliance with department established rules and
guidelines to all operators of rental vessels not having a valid
safe boating certificate and valid identification.
(d) In addition, the livery must supply to the operator or
operators in print, prior to rental:
(1) The operational characteristics of personal watercraft;
(2) The boating regulations peculiar to the area of rental
including but not limited to no-entry zones, no-wake zones,
channel routes and water hazards, and tidal flow; and
(3) The common courtesies of operating a vessel on the water
and the effect on wildlife, the environment, and other water
users.
§20-3C-7. Exemptions.
(a) The provisions of sections four and five do not apply to
a performer engaged in a professional exhibition or a person
engaging in an officially sanctioned regatta, race, marine
parade, tournament, exhibition, or water safety demonstration.
(b) The provisions of sections four and five do not apply to
a personal who holds a valid master's, mate's, or operator's
license issued by the United States Coast Guard.
§20-3C-8. Regulation of specialty prop-craft.
The provisions of sections four, five and six apply to
specialty prop-craft.
§20-3C-9. Revision of Code of State Rules.
Pursuant to the power established by subdivision thirty,
section seven, article one of this chapter and section one,
article one, chapter twenty-nine-a of this code, the Director of
the Division of Natural Resources shall adopt rules which
effectuate the contents of sections one through eight of this
article; and adopt additional rules to supplement the provisions
set forth by this article which it may deem appropriate.
§20-3C-10. Penalties.
Any person violating any of the provisions of this article
is subject to the penalties set forth in section nine, article
seven of this chapter.
NOTE: The purpose of this bill is to establish operation and
safety restrictions, educational requirements, and livery
regulations governing the use of personal watercrafts.
Article three-c is new; therefore, strike-throughs and
underscoring have been omitted.
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