Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-29-8 - Boating Safety Education Certificate8.1. Except as otherwise provided in section 8.3 of this rule, no person born on or after July 1, 1980 may operate a vessel on the Lake that is required to be numbered without first having obtained a certificate of boating safety education from this or any other state, which certificate was obtained by satisfactorily completing a course of instruction in boating safety education administered by the U. S. Coast Guard Auxiliary; the U. S. Power Squadron; the Maryland Department of Natural Resources; the West Virginia Division of Natural Resources; any person certified to teach the course administered by West Virginia or Maryland Natural Resources Boating Safety Education Section personnel; or any person authorized to teach the course prescribed by the National Association of State Boating Law Administrators in the operator's home state.8.2. Any person who is subject to section 8.1. of this rule must possess the certificate of boating safety education when operating a vessel on the Lake and must show the certificate on demand of a Maryland Natural Resources Police Officer, West Virginia Conservation Officer or other law enforcement officer authorized to enforce the provisions of this rule.8.3. The following persons are exempt from the requirements of section 8.1 of this rule: 8.3.1. A person who is a resident of a state other than Maryland or West Virginia and who is visiting the state for 60 days or less in a vessel that is numbered in another state if: a. The person is fifteen (15) years of age or older; orb. The person has been issued a boating safety education certificate by that state in accordance with the criteria of the National Association of Boating Law Administrators;8.3.2. A person who is visiting the Lake for ninety (90) days or less in a vessel from a country other than the United States;8.3.3. A person who is operating a vessel in connection with commercial purposes.8.4. The Division shall issue a certificate of boating safety education to a person who: 8.4.1. Passes any course prescribed in section 8.1 of this rule; or8.4.2. Passes a boating safety equivalency examination administered by persons authorized to administer a boating safety education course as outlined above. Upon request, the Division shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.8.5. No person who owns a vessel required to be numbered or who has charge over a vessel required to be numbered shall authorize or knowingly permit it to be operated in violation of section 8.1. of this rule. 8.6. The provisions of section 8 of this rule may only be enforced as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the West Virginia Code or rules adopted in accordance with the West Virginia Code. A person may not be taken forthwith to a court or detention facility solely for a violation of section 8 of this rule.