W. Va. Code R. § 58-29-5

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-29-5 - Water Skis, Surfboards, or Similar Devices
5.1. No person may operate a vessel towing a person on water skis, surfboard, aquaplane, or similar device, nor may any person engage in water skiing, surfboarding, or similar activity at any time between the hours of sunset to sunrise, unless participating in an approved and permitted regatta, race, marine parade, tournament, or exhibition.
5.2. Except for personal watercraft, no person may operate a vessel towing a person on water skis, surfboard, or similar device unless a person at least twelve (12) years of age, other than the operator is on board such vessel in a position to observe the progress of the person being towed, or unless the vessel is equipped with a wide-angle rear-view mirror.
5.3. No person may operate or give permission to operate a personal watercraft for the purpose of towing a person on water skis, surfboard, aquaplane, or similar device, unless the personal watercraft:
5.3.1. Has a capacity of three individuals that includes the:
a. Operator/Driver;
b. Rear facing observer who is at least twelve (12) years of age or older;
c. Water skier; and
5.3.2. Is specifically designed for water skiing by the manufacturer.
5.4. A vessel towing an individual or individuals on water skis, surfboard, aquaplane, or similar device shall stay at least twenty (20) feet outside marked no wake zones and other restricted areas, and shall at all times, keep at least 100 feet from the shore, wharf, pier, piling, jetty, bridge structure, abutment, other fixed structure or obstruction, other vessels, or an individual(s) in the water.
5.5. The maximum length for a tow rope is 75 feet except a tow rope of up to 100 feet in length may be used while towing a bare-foot skier(s)
5.6. No person may manipulate any water skis, surfboard, aquaplane, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of another.
5.7. No person may manipulate any water skis, surfboard, or similar device while having an alcohol concentration is his or her blood of seven one hundredths of one percent or more by weight or under the influence of alcohol or any controlled substance or drug, or under the combined influence of alcohol and any controlled substance or drug. Any person suspected of violating this section will be subject to a blood or breath test. The method of testing is to be selected by the law enforcement officer involved. Refusal to be tested will subject the person to loss of all user privileges on the Lake Project for a period of one (1) year, in addition to any other penalties that may be imposed by law.

W. Va. Code R. § 58-29-5