State Law vs. Federal Law

Registration and Titling Requirements:

All motorboats and PWC used principally in the waters of West Virginia Must be registered and numbered with the state. In West Virginia, motorboats are defined as any vessel propelled by an electrical, steam, gas, diesel or other fuel propelled or drive motor, whether or not such motor is the principal source of propulsion. The following are some of the exemptions from vessel registration:

• Non-motorized vessels are not required to be titled or registered.
• Public vessels of the United States, State and Municipal vessels and ships and ship's lifeboats.
• A watercraft which is properly registered in another state, not remaining in West Virginia waters for more than 60 consecutive days.
• A watercraft that is properly registered in another country and temporarily using the waters of West Virginia.

Titling: Effective July 1, 1989, the Division of Motor Vehicles (DMV) will title and collect privilege tax on any motorboat that is purchased in West Virginia. Any boat purchased prior to that date, is not required to be titled. However, if ownership is transferred, you must apply for a title on the proper application furnished by the DMV. The title is required for vessel registration and is also your proof of ownership. Keep your title in a safe place.

The boat registration and expiration decals are valid for 3 years!

Registration: To register your vessel you must submit the proper application, fees and proof of ownership to the DMV. Once in receipt of required information and fees, you will be issued a certificate of number which serves as your proof of registration. This pocket-sized registration must be kept aboard the boat or personal watercraft (PWC) at all times when operated and must be readily available for inspection by law enforcement personnel.

Numbering: In addition to your certificate of number, you will also receive a set of expiration decals. You must display your expiration decals and registration numbers (beginning with WV) on each side of the forward half of the vessel, as high above the waterline as practical where it can be easily read by law enforcement officials. Letters and numbers must be at least 3" tall, read left to right, and be a color that contrasts with the hull. The expiration decals must be placed after a space at the end of the WV registration number.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, West Virginia has the following requirements for wearing a PFD:

Children under 12 must wear a PFD while underway !

Additional Equipment Requirements:

Beyond minimum federal equipment requirements, some states may have additional requirements for certain bodies of water. Please check with your local waterway authority before heading out. The West Virginia DNR recommends the consideration of the following items depending on the length of your boat and where you do your boating:

Recommended Additional Safety Equipment!

• Compass and charts
• Marine VHF radio and cell phone
• Extra starting battery, paddle or oar
• Flashlight, bailer, mirror, searchlight and binoculars
• Visual distress signals, ring buoy, whistle or horn
• First aid kit, extra clothing, sunscreen, sunglasses, food and water
• Anchoring equipment, mooring lines, heaving lines, fenders and boat hook
• Spare parts, spare propeller, tools, marine hardware, fuel and fuel tank

Mufflers and Noise Levels:

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 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:

• It is illegal to throw, discharge or deposit any refuse matter of any kind (including trash garbage and oil) into any waters of West Virginia.
• All boats that have on-board toilets must have a method to collect and contain all waste products, preventing it from entering surrounding waters directly or indirectly.

Be sure you know what kind of Marine Sanitation Device (MSD, boat head or toilet) you have and how to properly dispose of its contents before you head out on the water.

• 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.

It is illegal to dump raw sewage, oil or garbage into any West 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.

• Boaters should check on the local availability of marine pump-out stations before using their on-board facilities.
• All boats 40 feet or longer operating more than 3 miles from shore that are equipped with a galley and berthing, must also carry a Waste Management Plan. This plan must outline procedures for proper marine pollution regulations for garbage management and designate a person in charge for carrying out this plan.

Mandatory Education and Age Requirements:

• All persons born after December 31, 1986 must complete a boating education course before operating a motorboat or personal watercraft in West Virginia. These operators shall show the certificate on demand of any West Virginia Conservation Officer or other law enforcement officer authorized to enforce West Virginia boating laws.
• The certificate must have been obtained by satisfactorily completing a course of instruction in boating safety education approved by the West Virginia Division of Natural Resources or by the National Association of State Boating Law Administrators (NASBLA). The BoatU.S. Boating Safety Certificate is recognized by West Virginia, NASBLA and the U.S. Coast Guard.
• West Virginia also has a minimum age requirement for operating motor-powered vessels. No one under 15 years of age may operate a watercraft in West Virginia except those children aged 12 to 15 that are operating under the direct supervision of an adult. If a child aged 12-15 is operating a boat with a motor of less than 10 horsepower (hp), then direct adult supervision is not required. No one under that age of 12 may operate a watercraft.
• Children aged 12 to 15 may operate personal watercraft, only if under the direct supervision of an adult. Youth 16 and older may operate a PWC without supervision, provided they have met the education requirements above. A person must be 18 years of age or older to rent a PWC.

Reckless & Negligent Operation:

No person shall operate any vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property may be considered reckless, negligent and/or unsafe operation. Below are just a few of the prohibited methods of operation in West Virginia that can bring stiff penalties and fines:

Specifically, it is unlawful:

• To operate under the influence of alcohol or a controlled substance or drug.
• To operate a vessel such that it cannot be brought to a stop within the assured clear distance ahead.
• To make a reckless approach or passage by a dock or ramp, a moored or anchored vessel, or a marked swimming area.
• To operate a motorboat at a speed greater than the limits established or speeding in a no-wake zone
• To operate a vessel in an area marked as restricted or operating a vessel within 20 feet of the exterior boundary of a marked swimming area.
• To overload a vessel with passengers or cargo beyond the vessel's safe or stated carrying capacity.
• To overpower a vessel with a motor beyond it safe horsepower capacity as indicated on the vessel's capacity plate.

Additional laws that apply to personal watercraft (PWC):

• All persons shall operate a PWC in a reasonable and prudent manner at all times. Reckless operation is prohibited and includes, but is not limited to the following:
• Wave jumping in congested areas.
• Becoming airborne within 100 feet of a vessel creating a wake.
• Operating at a speed greater than no-wake speed within 100 feet of an anchored vessel, shoreline, dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling or manually powered boats.
• Following too closely in excess of 10 miles per hour within 100 feet to the rear and 50 feet to the side of any other vessel.

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted you should operate your boat so that it will not endanger others or cause injury, damage, or unnecessary inconvenience. You must always keep a proper lookout and operate at a speed such that you can always bring your vessel to a safe stop.

• In West Virginia, a "no-wake" speed zone means an area restricting motorboats from attaining a speed that would produce a wake which would noticeably disturb other motorboats or other vessels, docks, piers or any other shoreline facility within the designated area.
• White buoys with red or orange markings will indicate speed limits and no-wake zones.
• It is unlawful to operate a motorboat at a speed that is greater than reasonable and prudent under the existing conditions.
• You are responsible for your wake and you must not cause damage from the wake of your vessel.
• Certain bodies of water may have speed, horsepower and other engine restrictions. Be sure to check with your local waterway authority before you go.

Special Activities Restrictions and Considerations:

Many states regulate certain water-related activities. For your safety, and for those who may be in the water, you should abide by these special laws.

Special Activities, Restrictions & Requirements:

• No person may operate or manipulate any vessel, tow rope, or other device by which the direction or location of the water skis, surfboard, or similar device may be affected or controlled in such a way as to cause the device and or participant to collide with or strike against any object or person
• No person may operate a vessel towing a person on water skis, surfboard or similar device, nor may any person engage in water skiing, surfboarding or similar activity at anytime between the hours from one hour after sunset to one hour before sunrise.
• No person may operate a vessel towing a person on water skis, surfboard, or similar device unless an observer (other than the operator) of at least 12 years old is aboard to monitor the participant or a wide-angle mirror is mounted such that the operator can observe the progress of the person being towed.
• It is against the law to operate a PWC between sunset and sunrise
• If a PWC is equipped with an engine cut-off lanyard, it must be attached to the operator, his/her clothing or their PFD.
• Persons engaged in diving must not do so within 100 feet of boat ramps, controlled swimming areas and fishing piers marked for use by physically disabled persons. Also, divers must not recreate in designated hazard areas, heavily traveled boat lanes, narrow channels and areas where visibility is obscured.
• A red and white diver down flag must be displayed when divers are in the water. Participants must remain within 100 feet of the flag and all vessels not engaged in diving operations should stay well clear.
• No person may operate a vessel within 20 feet of a person engaged in fishing without first obtaining permission from that fisherman.

Operating Under the Influence

In West Virginia, it is illegal to boat while under the influence of alcohol or drugs. State OUI laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and/or conduct a chemical test to determine level of sobriety. Boating under the influence can bring fines and/or jail time for those convicted.

In West Virginia, no person shall operate any motorboat or vessel or manipulate any water skis, surfboard or similar device while under the influence of alcohol or a controlled substance or drug, under the combined influence of alcohol and any controlled substance or any other drug, or while having an alcohol concentration in his or her blood of 0.08% or more by weight.

Officer Authority, Compliance & Assistance

In West Virginia, Conservation Officers of the West Virginia Division of Natural Resources, other sworn peace officers, as well as the U.S. Coast Guard have the duty to provide for safety on the water and have the authority to stop and/or inspect vessels to enforce West Virginia and federal boating laws.

Officers of the WVDNR have the authority to stop and inspect vessels!

Boaters should be aware that on the Jennings Randolph Lake, located in Mineral County, West Virginia, and Garrett County, Maryland, both states have Law Enforcement Jurisdiction.

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

Accident Reporting Requirements

• Anyone involved in a boating accident should stop and give assistance as long as it will not personally endanger the operator, passengers or vessel. Operators should be prepared to exchange personal and boat information with authorities and other involved parties.
• Whenever a boat is involved in a collision or accident which results in death or personal injury that requires medical treatment beyond first aid, or damage to property in excess of $500, the operator must file a full description of the incident with the West Virginia DNR on an official Boating Accident Report Form MB-3.
  • An accident report in a case involving a loss of life must be submitted to the Division within 48 hours of the incident.
  • An accident report in the case involving a reportable injury or property damage must be submitted to the Division within 5 days of the incident.
• Accident reports must be submitted in person or by mail to the Division of Natural Resources, Motorboat Safety Section, 1900 Kanawha Boulevard East, Charleston, West Virginia 25305-0668.

Other State Boating Laws

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 informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

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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