4VAC15-390-10. Watercraft: Safe and Reasonable Operation of Vessels. Applicability.
Summary
This amendment will revise the current regulation related to safe and efficient operation of vessels and in particular the application of navigation rules.
Proposed Language
Note: In the “Proposed Language” document, underlined text denotes proposed new language, while text with a strikethrough denotes language that is proposed to be deleted.
Rationale
A change to the current regulation, 4VAC15‑390‑10, is needed because the existing language has led to cases being dismissed in court. In 2023, we revised this chapter to remove the specific U.S. Coast Guard (USCG) Inland Navigation Rules and instead reference those rules directly in the applicability section. This was done because a wording change in the federal
USCG rules made our regulation unenforceable. To resolve the ongoing enforceability issue, staff has recommended revising the regulation again. This proposed revision incorporates the USCG navigation rules by reference and clearly states that any violation of those federal rules is also a violation of this regulation.