State Law vs. Federal Law

Registration and Titling Requirements:

All motorboats (those propelled by machinery, regardless of whether or not the machinery is the principal source of propulsion, including but not limited to: gasoline, diesel and electric motors) used on the public waters of Virginia must have a valid Certificate of Title (title) and a Certificate of Number (registration) issued by the Virginia Department of Game & Inland Fisheries (DGIF) before being legally operated on Virginia waters. Sailboats in excess of 18 feet in length, even if they do not have a motor, must be properly titled before use.

The following are some of the vessels exempt from Virginia registration:

• Canoes and other manually or sail powered watercraft
• Watercraft used only on private waters
• Watercraft registered in other states using Virginia waters for 90 consecutive days or less

A combined title and registration form is available from DGIF offices, most watercraft dealers, agents who sell hunting and fishing licenses, Department of Motor Vehicle service centers, and from the DGIF website www.dgif.virginia.gov. Once in receipt of the application and required fees, the DGIF will issue a title, which is proof of ownership, and a Virginia Certificate of Number. This pocket-sized Certificate of Number is your registration card. It must be kept aboard the boat at all times and be readily available for inspection by a law enforcement officer. You will also be issued a set of Registration Decals. The boat Certificate of Number and registration decals are valid for 3 years.

You must display your registration decals and registration numbers (beginning with VA) on the forward half of your vessel well above the waterline where it can be easily read by law enforcement officials. Letters and numbers are to be block style of at least 3 inches in height and must contrast in color with the hull or background. Letters and numbers are to read from left to right and have a space or hyphen to separate letters and numbers. The registration decals must be affixed within 6 inches of the registration numbers on each side of the watercraft for which they were issued.

Watercraft documented by the United States Coast Guard cannot be titled, but the owner of a documented watercraft may apply to DGIF for a state registration decal.

Title, registration, and license plates for your watercraft trailer are purchased through the Virginia Department of Motor Vehicles (DMV).

Laws for Required Wearing of PFDs :

All boaters in the state of Virginia are required to adhere to the following carriage regulations: at least one (1) USCG approved Type IV throwable (ring buoy or seat cushion), per boat, is required on all recreational boats regardless of size, in ADDITION to the wearable PFD required for each person on board. The regulation to carry a Type IV throwable does not apply to personal watercraft (PWC), canoes, kayaks, inflatable rafts and vessels less than 16' in length registered in another state temporarily using Virginia waters.

Laws for wearing a PFD are as follows:

• No person may operate a vessel on federal waters with any child under age 13 on the vessel unless each child is either:
  • Wearing an appropriate PFD approved by the Coast Guard; or
  • Below deck or in an enclosed cabin.
• All PFDs must be securely fastened to children and be size appropriate for the wearer.
• Every person on board a personal watercraft (PWC) and anyone being towed behind a PWC must wear a Coast Guard approved Type I, II, III or V PFD. Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports, and do not meet the wear requirements for PWC operation.
• All boats towing a water skier(s) or other persons on towed devices MUST have one of the following:
  • Persons being towed must be wearing a USCG approved PFD or,
  • There must be an observer on the boat (in addition to the operator) who is in the position to observe the progress of the skier.

Additional Equipment Requirements:

Visual Distress Signals

• All recreational boats 16 feet or greater in length shall be equipped with visual distress signaling devices at all times when operating on coastal waters.
• Boats less than 16 feet, manually propelled boats (rowboats, canoes, kayaks, etc.), and open sailboats under 26 feet with no motor, are required to carry only night visual distress signals when operated on coastal waters at night.

Note: It is illegal to display a visual distress signal unless immediate assistance is needed.

This regulation applies to all coastal water and those rivers 2 miles or more wide at the mouth and up to the first point the river narrows to less than 2 miles.

The following points will be used as the "cutoff points" for enforcement of the visual distress signal regulations on the coastal waters in Virginia:

1. Entrance to Hampton Roads up to where the waterway is reduced to 2 nautical miles which is a line drawn between Old Point Comfort and Fort Wool.
   
2. York River up to where the waterway is reduced to 2 nautical miles which is a line drawn between Sandy Point and Tue Point, which is in the vicinity of Tue Marshes Light.
   
3. Mobjack Bay up to, but not including, the Severn, Ware, North and East Rivers.
   
4. Entrance to the Piankatank River where the waterway is reduced to 2 nautical miles which is a line drawn from Cherry Point at Gwynns Island across the river to the opposite shore, which is in the vicinity of Piankatank River Lighted Buoy 6.
5. Rappahannock River up to where the waterway is reduced to 2 nautical miles, which is a line drawn from Parrott Island to Cherry Point, which is just before you get to the first highway bridge.
6. Those parts of the Pocomoke and Tangier Sounds which fall within Virginia.
7. Where the uncharted inlets of the Atlantic Ocean are reduced to 2 nautical miles in width.
   

Fire Extinguishers

Virginia law requires that "all hand-portable fire extinguishers, semi-portable fire extinguishing systems, and fixed fire extinguishing systems shall be of a type approved by the U.S. Coast Guard and shall have an efficient charge and be in good and serviceable condition as established by regulation."

In addition to federally required boating safety equipment, some states may require additional safety gear to be carried aboard certain boats on certain bodies of water. Check with your local waterway authorities before heading out on the water. Although not required, you may want to consider carrying the following additional safety items:

Recommended Additional Safety Equipment!

• Compass and charts
• Marine VHF radio
• Cell phone
• Anchoring equipment
• Bailing device and bucket
• Bilge pump and pads
• Spare parts & tools
• Extra starting battery
• Oars or paddles
• Extra line and fenders
• Flashlight

Mufflers and Noise Levels:

The exhaust of an internal combustion engine on any motorboat shall be effectively muffled. The muffling device shall exhaust at or below the water line or it shall be equipped with mechanical baffles. The use of cutouts is prohibited.

In general, do not modify your factory exhaust if the result makes it louder!

Loud boat noise not only bothers other operators and users of the waterways, it can also disrupt peace ashore because of sound's ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats' sound signals and warnings and can prevent you from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs).
• Type I and II MSDs must have a “Y” valve secured to allow for waste to enter a proper on board holding tank for future drainage at a pump-out station.
• Type III MSDs will typically have a built-in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility.
• Vessels without installed toilets or MSDs chall not directly or indirectly discharge sewage in state waters

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.

It is illegal to dump oil or garbage into any Virginia state waters!

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
• All boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.

Mandatory Education and Age Requirements:

• Boating safety education is required for any personal watercraft (PWC) operator age 14 or 15. These operators must carry proof of successful completion of the safety course at all times while operating the PWC and show this proof upon request by a law enforcement officer. PWC operators may complete either non-proctored or proctored NASBLA approved boating safety courses for certification.
• Children under the age of 14 are not permitted to operate a PWC.
• PWC operators 16 and older are not required to take a boating safety course. However, the Virginia Department of Game & Inland Fisheries (DGIF) encourages all boaters to enroll and complete a boating safety course. The DGIF supports NASBLA approved boating courses such as the free BoatU.S. Online Safety Course and others. Information on a classroom course near you can be found by calling DGIF at 800-245-2628 or the BoatU.S. Course Locator line at 800-336-2628.

Reckless & Negligent Operation:

The failure to exercise the degree of care necessary to prevent endangering persons or property may be considered reckless boating. Therefore, no person shall operate any motorboat or vessel or manipulate water skis, wakeboard, tube or similar device in a reckless manner so as to endanger the life, limb, or property of any person.

Some (not all inclusive) boat operational activities considered unlawful in Virginia:

• Reckless operation of boat, water skis or aquaplane
• Failure to exhibit lights as required by law between sunset and sunrise
• Failure to obey regulatory water markers
• Operating a motorboat or skis in an area designated for swimming
• Speeding in no-wake zones or boating in areas marked as restricted
• Operating a motorboat greater than no-wake speed when within 50 feet or less of docks, piers, boathouses, boat ramps and people in the water.
• Riding or sitting on the bow, gunwales, transom, or on the decking over the bow of the vessel while under power without adequate guards and railings

Additional laws that apply to personal watercraft (PWC):

• A PWC may not be operated between sunset and sunrise.
• PWC operators, passengers and anyone being towed behind at PWC must wear a U.S. Coast Guard approved Type I, II, III or V PFD.
• Operators must attach a lanyard-type cutoff switch if equipped by manufacturer to person, clothing, or PFD.
• PWC operators must maintain no-wake operation when within 50 feet or less of docks, piers, boathouses, boat ramps, people in the water and vessels other than PWCs.
• Weaving through boat traffic, stopped boats or moored boats is prohibited.
• Following too close to another vessel or skier is prohibited.
• Crossing the wake unreasonably close to another boat is prohibited.
• Carrying a number of passengers in excess of the number for which the craft was designed by the manufacturer.
• Steering toward another object or person and swerving at the last minute in an attempt to spray an object or person with the wash or jet spray is prohibited.

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. White buoys with international orange markings and black letters will indicate regulatory zones such as boat restricted areas and no-wake zones. You are responsible for your wake! While Virginia does not have speed limits on its waterways, you must always operate your boat so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• In Virginia, "No-Wake" speed is defined as the slowest possible speed required to maintain steerage and headway.
• A "Safe Speed" is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.
• . Operators should "Slacken Speed", or reduce speed to avoid endangering persons or property by the effect of the motorboat's wake when approaching other vessels, docks, piers, boathouses, boat ramps, or people in the water.

Special Activities Restrictions and Considerations:

Many states regulate certain water sport activities such as waterskiing, diving and hunting from a vessel. For the safety of yourself and others who may be in the water, you should learn and abide by these special Virginia laws:

Special Activities, Restrictions & Requirements:

• All boats towing a water skier(s) or other persons on towed devices MUST have one of the following:
  • Persons being towed must be wearing a USCG approved PFD or,
  • There must be an observer in the boat (in addition to the operator) who is in the position to observe the progress of the skier.
• Skiing and towing activities must only take place between one-half hour before sunrise to one-half hour after sunset.
• When engaged in snorkeling or scuba operations in waters open to boating, vessels must display a red flag with white diagonal stripe to indicate divers below, and no boat shall pass closer than 25 yards (75 feet) when this flag is displayed. Vessels engaged in diving activity and are restricted in their ability to maneuver, must hoist a blue and white alfa flag.
• For Homeland Security reasons, report suspicious activities to your local law enforcement and avoid stopping or anchoring beneath bridges or in a channel. Do not approach within 100 yards of any U.S. Naval Vessel and operate at minimum speed within 500 yards of a U.S. Naval Vessel.
• A Special Note: Teak surfing (a.k.a. platform dragging) is strongly discouraged because of deaths associated with carbon monoxide poisoning from the boat's exhaust. Participants can be overcome by these exhaust fumes and become unconscious which can lead to drowning. Participants are also close to the boat's propeller(s) which could result in an accident and major injury.

Operating Under the Influence

State boating laws for Operating Under the Influence (OUI) are becoming more stringent and operating a boat under the influence of alcohol or other drugs is a criminal offense. As on the roadways, on-water enforcement officers may administer sobriety tests and/or conduct a chemical test to determine level of sobriety. Unreasonable refusal to submit to these tests constitutes grounds for the revocation of the operator's privilege to operate a watercraft on the waters of the Commonwealth.

In Virginia:

• State boating laws for Operating Under the Influence (OUI) are becoming more stringent and operating a boat under the influence of alcohol or other drugs is a criminal offense. As on the roadways, on-water enforcement officers may administer sobriety tests and/or conduct a chemical test to determine level of sobriety. Unreasonable refusal to submit to these tests constitutes grounds for the revocation of the operator's privilege to operate a watercraft on the waters of the Commonwealth.
• Virginia's law states that boat operators with blood alcohol concentrations of 0.08 percent or more by weight, by volume, shall be presumed to be under the influence of alcohol intoxicants.
• Virginia law also prohibits persons under the age of 21 from consuming alcohol and operating a watercraft with any measurable alcohol level (established at 0.02 percent by weight by volume. This is referred to as zero tolerance.
• By operating a watercraft in Virginia, you have agreed to submit to a breath and or blood test to determine the amount of alcohol and/or drugs in your blood. This is referred to as implied consent.
• Virginia law prescribes both fines and confinement in jail for those who violate state BUI laws.

Officer Authority, Compliance & Assistance

Boating laws are primarily enforced by Virginia Game Wardens of the Department of Game and Inland Fisheries and Marine Police Officers from the Virginia Marine Resources Commission. These officers have full police powers and have the right to lawfully stop and board your boat at any time to check for proper registration and required safety equipment. Additionally, the United States Coast Guard has enforcement authority on waters in Virginia that are subject to federal jurisdiction. Enforcement vessels of the DGIF, VMRC, and the USCG may display a rotating or flashing blue light. When such a light is observed, you should stop immediately and maneuver in such a way as to permit the boarding officer to check your boat.

Game Wardens of the DGIF have the authority to stop and inspect vessels!

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official. When operating in an area of law enforcement activity, you must reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

Accident Reporting Requirements

• It is the duty of every operator of a vessel involved in a collision, accident, or other casualty to stop and render assistance as long as this can be done without serious danger to the operator's own vessel, crew, and passengers.
• You should always be prepared to exchange information such as name, address, phone number and boat registration information with other parties involved and/or law enforcement personnel.
• A Boating Accident Report must be filed with the DGIF when:
  • Damage by or to the vessel or its equipment is in excess of $2000.
  • The boating accident involves death or the disappearance of a person, or involves personal injury requiring medical help beyond First Aid. In the case of death or disappearance, the operator must notify the DGIF in Richmond, VA or the most immediately available DGIF Game Warden without delay and by the quickest means possible. The Department Dispatch phone number is (804) 367-1258 and is staffed around the clock.
• A written accident report must be filed under the following conditions and timeframes:
  • 48 hours if a person dies within 24 hours of the accident;
  • 48 hours if a person involved is injured and cannot perform usual activities;
  • 48 hours if a person dies or disappears from a vessel;
  • 10 days if an earlier report is not required but becomes necessary; and/or
  • 10 days if the boat property damage is in excess of $2000 or total boat loss.

Boat Accident Report Form

Boating Accident Report Forms are available from local law enforcement authorities, Department Game Wardens, the DGIF website at www.dgif.virginia.gov/boating/boating_accident_form.pdf and all Department Offices.

Other State Boating Laws

Also refer to information covered in the section about Special Activity Restrictions and Considerations. Often times, counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be aware of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in Virginia, contact the Virginia Department of Game and Inland Fisheries at 804-367-1125 or 804-367-1258.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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