4VAC15-430-211. Watercraft: Safety Equipment Requirements. Engine cut-off. (NEW)
Summary
Proposing a new regulation requiring the use of a boat’s engine cut off switch for certain vessels under certain conditions.
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 new regulation is being created to match the federal rule that requires certain motorboats to use an engine cutoff switch (ECOS) under specific conditions. The federal law requiring the use of engine cutoff switches, 46 USC 4312, was enacted in 2018.
For Virginia to maintain a USCG-approved Recreational Boating Program, the state must adopt the equipment rules set by the USCG unless the federal statute specifically says that states do not have to adopt them (as is the case with child life jacket rules) (reference Commandant Publication 16755.3B).
State law § 29.1-735 B also instructs the agency to keep Virginia’s boating regulations generally aligned with federal navigation laws and USCG rules. However, another Virginia statute, § 29.1-748 A 4, conflicts with the federal ECOS requirement in 46 USC 4312. Because of the conflict between state law and federal law, Virginia has not been able to adopt a state regulation that would mirror the federal ECOS rule.
In 2025, the USCG issued a policy letter stating that existing state laws that already require ECOS wear on personal watercraft (PWCs), even if they conflict with 46 USC 4312, are exempt from federal preemption. This clarification now allows Virginia to move forward with creating an ECOS requirement for certain motorboats that is in alignment with federal law and does not conflict with Virginia statute that requires ECOS wear for PWC operators any time while underway (§ 29.1-748 A 4).