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Personal Watercraft (PWC)
Personal Watercraft vessels should be more closely controlled
in the Waters of the Commonwealth, and restrictions of
its appropriate use should be allowed by local government.
PWC are fundamentally different from conventional boats
in terms of design, operation and use. Their shallow draft
design allows PWC to be operated at high speeds in shallow
areas close to shore, unlike other motorized boats. Highly
maneuverable and capable of speeds exceeding 65mph, PWC
are marketed as “thrill” vehicles. Virginia code (29.1
744.) currently ONLY allows local governments to apply
to the state for special rules and regulations with reference
to the safe and reasonable operation of vessels on any
water within its territorial limits as relates to "no
wake."
Virginia code (29.1 748) sets restrictions on operation
of personal watercraft within fifty feet of docks, piers,
boathouses, boat ramps, people in the water, and vessels
other than personal watercraft. This is not sufficient
to protect sensitive natural areas, habitat or the human
activities close to shore. With the increased popularity
of the PWC more states, the federal government and even
the PWC industry have taken a harder position on regulations
identified with its use because of accidents and deaths.
Many states and the industry support making education
and certification on water safety mandatory.
A personal watercraft (sometimes called PWC or by brand
names such as Jet Ski, Wave Runner, Sea Doo, etc.) is
defined by law as a motorboat powered by an inboard motor
powering a jet pump or by an outboard or propeller driven
motor and is designed to be operated by a person sitting,
standing or kneeling on the craft, rather than in the
conventional manner of sitting or standing inside a motorboat
specified by the PWC manufacturer. The older model PWC
are powered by the two stroke engine, and more recently
the four stroke engine has gained in popularity for its
increased power.
Virginia Games and Inland Fisheries says: “PWCs are a
great deal of fun because of their maneuverability and
power. It is for these same reasons that PWC can be dangerous
if not operated responsibly. The potential for danger
is illustrated in the 2003 boating accidents in Virginia
showing that although PWCs comprise just over 10% of all
registered boats, they were involved in 22.6% of all boating
accidents. As a fast growing segment of boating, both
in Virginia and the nation, personal watercraft operators
need to become more safety conscious through personal
responsibility. The word "personal" in personal
watercraft is focused on the operator's independent decision
to act responsibly. Safe PWC operation requires quick
and responsible decisions based on mature judgment.”
“Another part of the PWC that simultaneously provides
advantages and disadvantages to the operator is the steering.
PWC are highly maneuverable which makes them so appealing
to ride. An operator can accelerate quickly with a slight
movement of the throttle, making the ride exciting. At
the same time, the throttle can be a hindrance. For instance,
steering control is lost when the throttle is released
or when the engine is turned off. This is extremely important
to remember when trying to maneuver around an obstacle
in the water. It is imperative to keep the engine running
if you need to turn, even slightly.”
The National Park Service has issued a Final Rule on
PWC use in areas of the National Park System as of April
20, 2000 " to adopt a prudent approach to managing
personal watercraft that allows their use, yet protects
park value, sensitive natural areas, and plants and animals,
and reduces conflicts with park visitors who seek solitude
and traditional recreational activities such as canoeing
and hiking." .
The Bluewater Network says, “PWC are multiple impact
machines. They have an unprecedented effect in terms of
noise pollution, marine pollution, wildlife harassment,
and safety on the waterways. The specific problems associated
with PWC have resulted in calls for strict regulations
or bans.”
American Canoe Association says, “High speed PWC use
occurs near shore, next to docks, in shallow coves, narrow
streams, small lakes, ponds, marshes, estuaries and even
in whitewater rivers. PWC are singled out because their
use is disproportionately responsible for more on-water
accidents, more reports of near accidents, more claims
of intentional harassment and more complaints of disturbance
due to noise, air and water pollution than any other vessel
type. The shallow draft of PWC allow them to operate in
as little as one foot of water. The design of these craft
gives them a unique ability to be operated at high speeds
in shallow or confined areas, where they are more likely
to threaten the safety and enjoyment of other waterway
users, especially those involved in activities such as
canoeing, kayaking, fishing and swimming.”
Virginia Law provides for the following enforcement penalties:
29.1 738 “Operating boat or manipulating water skis, etc
in reckless manner while intoxicated Class 1 misdemeanor.
Notwithstanding the provisions of 29.1 738, improper boating
shall be punishable as a Class 3 misdemeanor. Reckless
operation of a personal watercraft shall be guilty of
a Class 1 misdemeanor. The locality may also provide for
enforcement and penalties for the violation of the ordinances,
provided the penalties do not exceed the penalties provided
in this chapter for similar offenses.”
- Permit the Commonwealth’s local governments to enact
ordinances, as needed, to regulate PWCs; set and exact
reasonable penalties for violations; and provide principal
enforcement at the local level. Permit localities to
bar PWCs from marshland or nesting areas that are part
of a body of water, or from areas of a body of water
where PWC operation is unsafe, harmful to the environment,
or a nuisance and from waterbodies which are less than
three hundred (300) acres in size, or four hundred (400)
feet in width. (RI)
- Permit the Commonwealth’s local governments to enact
ordinances, as needed, to regulate PWC as well as all
motor boats, in race events within their waters including
a professional exhibition or a person engaging in an
officially sanctioned regatta, race, marine parade,
tournament, exhibition, or water safety demonstration.
- Provide authority for sworn peace officers of local
and non-local law enforcement agencies--such as the
game wardens and other uniformed officers of VDGIF,
as well as the Virginia State Police to file charges
if they so choose under local PWC-regulation ordinances,
especially if that would facilitate their investigations
into other criminal or quasi-criminal activity.
- Revise Virginia law to include depth restrictions
for personal watercraft. The Commonwealth should prohibit
the operation of personal watercraft above idle speed
in any area of water with a depth of less than 18 inches,
and limit the use of personal watercraft in any area
of water with a depth of less than 1 meter. (MD)
- Revise Virginia law to include enforcement of the
sound level limits, taking into account accepted scientific
and professional methods for measurement of sound levels.
(MD)
- Revise Virginia law 29.1-748 similar to the self-regulatory
Personal Watercraft Industry Association Model (industry
standards) to regulate Personal Watercraft and mandatory
education and certification. [For information on the
model, go to http://www.pwig.org]
Diana Parker, Sierra Club – Virginia Chapter, 804-748-7842
erthshr@comcast.net
Michael Town, Sierra Club – Virginia Chapter, 804-225-9113
michael.town@cavtel.net
EXCEPRT FROM Personal Watercraft Industry Association
Model Bill http://www.pwia.org/
Section 4. (Regulation of Personal Watercraft)
(1) No person under the age of sixteen (16) shall operate
a personal watercraft on the waters of this state.
(2) 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.
(3) A person operating a personal watercraft equipped
by the manufacturer with a lanyard-type engine cutoff
switch must attach such lanyard to his/her person, clothing,
or personal flotation device as appropriate for the specific
vessel.
(4) 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/her official duties.
(5) 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 shall
constitute reckless operation of a vessel and shall include,
but not be limited to:
(a) Weaving through congested traffic;
(b) 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;
(c) Becoming airborne or completely leaving the water
while crossing the wake of another vessel within 100 feet
of the vessel creating the wake;
(d) Operating at greater than slow/no-wake speed within
100 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;
(e) Operating contrary to navigation rules including
following too closely to another vessel, including another
personal watercraft. For the purpose of this subsection,
"following too closely" shall be construed as
proceeding in the same direction and operating at a speed
in excess of 10 mph within 100 feet to the rear or 50
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.
Section 5. (Required Education except as provided for
in Section (7)
(1) No person born after January 1, 19___, (Date to establish
age at 16) shall operate on the waters of this state a
personal watercraft powered by a motor of 10 Horse Power
or greater (unless 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).
(2) 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 subsection
5. (1) for education certification. If the non-resident
holds in his/her possession proof that he/she has completed
within the state of residence, an education course or
equivalency test that meets or exceeds the requirements
of subsection 5. (1), such proof shall satisfy the requirement.
(3) 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.
Section 6. (Towing Water Skiers and Towables)
(1) No person shall 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 shall monitor
the progress of the person(s) being towed.
(2) No person shall operate a personal watercraft 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.
Section 7. (Regulation of Liveries)
(1) A livery may not lease, hire, or rent a personal
watercraft to or for operation by any person under 18
years of age.
(2) A livery must carry liability insurance in the amount
of one million dollars.
(3) 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.
(4) In addition, the livery must supply to the operator(s)
in print, prior to rental:
(a) The operational characteristics of personal watercraft.
(b) 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.
(c) The common courtesies of operating a vessel on the
water and the effect on wildlife, the environment, and
other water users.
Section 8. (Exemptions)
(1) The provisions of section(s) (4) and (5) shall 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 if permitted by the locality.
(2) The provisions of section(s) (4) and (5) shall not
apply to a person who holds a valid master's, mate's,
or operator's license issued by the United States Coast
Guard.
Section 9. (Regulation of Specialty Prop-Craft)
The provisions of sections (4), (5) and (6) shall apply
to specialty prop-craft.
Section 10. (Uniformity of Law)
It is the policy of _______ to encourage uniform laws
for all vessels. Except as provided in this chapter and
other laws of the state; laws, including local laws, ordinances
and regulations, that are applicable to the operation
of powered vessel shall be uniformly applicable to all
types of powered vessels. Local laws, ordinances and regulations
shall be operative only so long and to the extent that
they are identical to provisions of this chapter, amendments
thereto, regulations issued thereunder or other applicable
laws of the state. The provisions of this chapter and
of other applicable laws of this state shall govern the
operation and all other matters related to vessels, provided
that nothing in this section shall be construed to prevent
adoption of local laws, ordinances or regulations relating
to reasonable vessel speed zones and reasonable idle speed
zones or vessel exclusion zones (i.e. for swim areas)
within their jurisdiction. The state should consider an
age ratchet-up approach to education so that adequate
instructors, classes and materials can be made available
to train users without overloading and/or taxing the system.
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