Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel

West Virginia law designates the following dangerous operating practices as being illegal.

Reckless Operation of a vessel or the reckless manipulation of water skis or similar devices is defined as the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any person. For example, it is illegal to approach or pass a dock, a ramp, a moored or anchored vessel, or a marked swimming area in an unsafe manner.

No wake speed—A speed that does not produce a wake or noticeably disturb other vessels, docks, piers, or any shoreline facility

Improper Speed or Distance is not maintaining a proper speed or distance while operating a motorboat or PWC or while towing a person on water skis or similar devices. Specifically, it is illegal to:

• Operate at any speed, or knowingly permit another person to operate at any speed, that does not allow the operator to bring the vessel to a stop within the clear distance ahead using reasonable care.
• Operate at any speed greater than the limits established and properly marked on the waters of a government-owned reservoir or any other waters of West Virginia.
• Operate at greater than “no wake speed” in a posted “no wake speed” zone.
• Operate within 20 feet of a person fishing without first obtaining permission from that person.
• Operate within 20 feet of the outer boundary of a swimming area that is clearly marked by red-and-yellow buoys.
• Operate within 20 feet of the outer boundary of an area that is clearly marked by signs or buoys as a restricted area.

Overloading and Overpowering is exceeding the safe loading and horsepower shown on the capacity plate installed by the vessel manufacturer.

• Do not exceed either the maximum number of persons or the maximum weight of passengers and cargo.
• Do not exceed the maximum horsepower.
• If a vessel does not have a capacity plate, the owner must demonstrate that the vessel conforms to the U. S. Coast Guard’s safe loading and powering requirements.

Hazardous Condition is operating a vessel, or knowingly permitting another person to operate a vessel, in a condition that causes a hazard to those on board. Conditions that cause a hazard include the following.

• The operator has a physical or mental disability that prevents him or her from operating the vessel in a safe manner under all normal circumstances.
• There are insufficient personal flotation devices, fire extinguishers, backfire flame arrestors, or navigation lights.
• Any other unsafe condition exists.

Remember—As an owner of a vessel, you are responsible for any injury or damage caused by the negligent operation of your vessel by others you knowingly allow to operate it.