Virginia boating law: $20,000 fine for being outside railing of a pontoon boat?

Question

My family and I recently vacationed in VA. The resort we were staying at rented boats, so we rented a pontoon boat one afternoon. When the marina person (young male) was going over operation guidelines, he told us that VA law states that if a person is outside of the railing of the boat while the motor is running, you can be charged a $20,000 fine. (To give you a visual, basically you can't be on the back of the boat to fish while it's running.)

I am not that boat savvy, but my father is. He told the guy that we would be happy to respect their wishes that we stay within the metal railing, but that the law he was quoting is BS.

Has anyone ever heard of this law? I have done some preliminary searching for it, but can't find anything close. If there truly is no law, I would like to call the resort and complain.

Answer 1

The fine amount you state is wrong (operating drunk is only $2500) but the requirement is the law in every state and federal boating regulations.  Commonly called bowriding, you must be in the passenger area of the boat.  sitting on the bow deck that does not have a rail or seats (such as a bowrider design) is illegal.  Unfortunately you see advertising pictures of models doing it all the time.  

Answer 2

Reckless operation of a vessel is allowing persons to ride or sit on the bow, gunwale, or transom or on the decking over the bow of the vessel while under power unless the vessel is provided with adequate guards or railing to prevent passengers from falling overboard. This restriction does not apply to persons who need to be in these locations in order to moor, anchor, or cast off a vessel. The fine quoted sounds like a mistake, there is not a set fine for the offence that I can find or know of.  I am sure that the Virginia Department of Game & Inland Fisheries would look at each event and treat them on a one by one bases.  Depending on what else they find when they checked you (drinking, drugs, no safety equipment, etc) they may issue a warning.

Answer 3

a lot(most) of people who rent boats are very irresponsible. He was just trying to tell you in a way you would not forget. and apparently it worked.  lots of people stopped renting out boats because the liability ins, is too high. people ride on the outside ,then get hurt,then sue the person who rented the boat, because they did warn them of the obvious ..lots of places will give you a big ticket for that. not 20k  sometimes they also ban you from the water that day.So! you were warned.  and still have a place you can rent  boat. you want to complain? why,you are the same type of person that would sue them if they had not told you ,and  then you got  injured-..what else do you have to complain about?

Answer 4

Excuse my edited pasting, but here is the Virginia statute from their website - " Reckless operation of a vessel is illegal in Virginia. Reckless operation of a vessel is defined as the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any other person. Some examples of illegal and reckless operation are: Allowing persons to ride or sit on the bow, gunwale, or transom or on the decking over the bow of the vessel while under power unless the vessel is provided with adequate guards or railing to prevent passengers from falling overboard. This restriction does not apply to persons who need to be in these locations in order to moor, anchor, or cast off a vessel."   Sorry, I didn't find out the penalty. Carlo

Answer 5

I'm not in Virginia, but that doesn't seem unreasonable, especially for a bare-boat charter.  

Answer 6

Your father is correct that $20,000 fine is wrong. It has been explained to us by several marine patrols in our area (just south of DC) that the fine is set at what we jokingly call $500 per leg. One person with 2 legs outside the boat is $1,000. Two people with 3 legs over the side is $1500, etc. While not at the amount you were told it can get steep enough quickly.

The law is there for safety reasons and should be adhered to at all times. Nobodies life is worth $1500, correct?

Answer 7

The law is NOT BS. The amount of the fine IS BS. The law pertains to any vessel that is under way by use of power.

Answer 8

Oregon has a similar law, you can't be on the deck of a boat unless there is a railing around it. Don't confuse deck with the cockpit which is inside the hull with seats, etc.

In Oregon a pontoon boat must have a railing around it since it doesn't have a cockpit, and if the boat is under power (motor running) you must stay inside the railing.

I don't know what the Oregon fine is for being on a deck without a railing but I am sure it  isn't $20,000.00.