Recreational Kayaking Rules and Regulations in Virginia
Virginia, like most other states in the U.S., has in place laws and regulation governing various aspects of water use, including kayaking. These laws are designed to ensure the safety of all water users and to protect the natural resources of the state. In general, the laws governing kayaking in Virginia can be found in the Administrative Code of Virginia Title 4, Agency 20, Chapter 330, which is overseen by the Virginia Marine Resources Commission.
Virginia’s kayaking laws include regulations on things like requiring a sound-producing device, such as a whistle, lifejackets requirements, distance from other vessels, operation at safe speeds, lighting, staying within established navigational channels, and steering, to name a few. Violation of any of these laws can result in fines and penalties. The law also gives the Virginia Marine Police authority to enforce state regulations, and they are tasked with patrolling Virginia’s waterways to ensure compliance with the law.
Federal laws also apply to states, and laws passed by Virginia might not correspond precisely with federal laws and regulations. For instance, the federal age requirement for operating a kayak without adult supervision is different than it is in Virginia. Consequently, it’s essential to be aware of the federal and state-specific regulations regarding potential impacts .
Kayak-specific laws may also change over time. For example, the state of Virginia passed legislation, HB2485, and enacted it on July 1, 2018. The new regulations require all persons born on or after June 1, 1972 to complete a National Association of State Boating Law Administrators (NASBLA) approved boating safety course, including a test, to paddle a kayak on Virginia waters. Additionally, Virginia has previously used a maximum age of 20 to define a juvenile, but with this new bill, the state defines a juvenile as any person less than 13 years of age. If you are 14 years of age or older, then you are exempt from any of the new age requirements for completing a course. However, if you are under 14 years of age, you must have a person who has completed the state-approved course on board at all times in order to avoid the possibility of receiving a citation. Moreover, as a parent, it is important to verify that your child has the required skills and knowledge to operate a non-motorized water vessel in Virginia.
Virginia’s kayaking regulations are quite specific, and it is crucial to consult the Virginia Marine Resources Commission for further information. Given the dangers involved with kayaking, it is also a good idea to contact a lawyer and seek guidance regarding state-specific regulations for kayaking, to ensure you do not end up with a citation or other negative outcome.
Registration and Titling for Kayaks
As far as registration and titling requirements, kayaks are not required to be registered in Virginia as long as the following is true: The kayak is not powered by a motor or if the kayak is a sail boat, it has a sail area of less than 70 square feet. These requirements are set forth in Virginia Code §29.1-700 and also references Virginia Administrative Code 4 VAC 20-330-10, which allows the Commission of Game and Inland Fishers to enact regulations regarding boat registration. While the Commission has regulated boat registration, for whatever reason, they did not make the same requirements for kayaks.
If the kayak has been modified to include a motor, the kayak is then required to be registered like most other pleasure crafts. A vessel must be registered if it is: (i) owned wholly by a resident of the Commonwealth; (ii) not numbered under the laws of another state; (iii) at least 18 feet in overall length, with certain exceptions; (iv) primarily used in the waters of the commonwealth and not used principally for rental or charter, unless the vessel is equipped with navigable communications equipment and moored in a permanent mooring; and (v) not exempt. Reg. 4 VAC 20-330-10.
The following are exempt from registration and titling requirements: (i) vessels owned by the United States Government; (ii) vessels from out of state for 60 days or less; (iii) vessels registered in out of state for 60 days or less; (iv) vessels from out of state, not including outboards 10 horsepower or greater and all inboards, for 60 days or less; (v) vessels registered under Virginia Commercial Fisheries Permits; (vi) vessels owned by nonresidents of Virginia and registered in another state; (vii) vessels registered in another state by a nonresident when in possession of a valid nonresident fishing license; and (viii) vessels registered under any other state with Virginia Documentation Number. Reg. 4 VAC 20-330-10.
Safety Equipment and Required Gear
Though the safety requirements are minimal, all boaters should be aware of the necessary safety equipment and gear while on the water:
Life Jackets
In Virginia, the law requires that each person aboard a kayak wear a U.S. Coast Guard-approved life jacket at all times. Additional personal floatation devices (PFDs) should be available for emergency use. Although under current Virginia law you are not required to have a PFD for kayaks, I strongly recommend you have one on board in case of an emergency.
Signaling Devices
Depending on the type of waterway you are navigating, you may also be required to have a whistle or horn on board your kayak to signal distress or help.
Other Equipment and Gear
There is a wide range of equipment for kayakers at various price tags. Though not required, I suggest investing in the following:
• first aid kit
• waterproof first aid kit
• dry bag
• map case and maps
• kayak repair kit
• kayak patch kit
• spare paddle
• carabiner
• rope
Minimum Age and Licensing Restrictions
As with other water vessels, age and licensing requirements apply to kayaks in Virginian waters. Operators must be 14 years of age or older. However, even those under the age of 14 may operate a kayak from personal ownership, as long as they are under direct physical control from a person who is old enough to legally operate the kayak.
Because Virginia law does not prohibit children from participating in water sports, whether from a boat or the shoreline, parents must closely monitor their kids at all times while kayaking. Even with supervision, specific requirements apply to children. Any person under the age of 13 is required to wear a US Coast Guard approved Type I, II, III or V personal flotation device (PFD) at all times while aboard a kayak. Children ages 6-12 must wear a PFD at all times, while children ages 5 and under must wear PFDs designed for infants. In addition, Virginia law prohibits children younger than 6 years old from sitting in a kayak with an attached anchor line unless a PFD is worn.
Fines apply to adults who allow children to operate a kayak or sit on the kayak with a secure anchor line attached. The first violation results in a class 3 misdemeanor. Subsequent violations incur a class 1 misdemeanor.
Operators of motorboats with horsepower ratings less than 10 are required to carry a swimming certificate or proof of examination from the Department of Game and Inland Fisheries (DGIF) that they were evaluated on their ability to swim and knowledge of boating safety. Additional rules apply specifically to kayaks.
Specifically, operators of kayaks must pass the Written Examination for Kayak Operator Certificate issued by the DGIF. Those successfully passing the test do not pay an examination fee. The certificate covers all of the following topics:
Once the operator obtains the certificate, the operator does not need another certificate for the same kayak. The newer certificate replaces the old one. All persons born on or after January 1, 1986 must carry the certificate on them while operating the kayak in Virginia waters. As with the swimming certificate, additional requirements apply specifically to kayaks.
Those operators of kayaks and other water vessels in Virginia have knowledge of and comply with all related requirements.
Navigation Rules and Navigable Waters
The navigational rules that govern the waterways in which kayakers roam are generally applicable to all waterway users in Virginia as set forth in Va. Code § 29.1-744:
All boats and vessels navigating the waters of the Commonwealth shall be subject to the inland navigation rules of the road made applicable to the waters of the Commonwealth by Article 17 (§ 29.1-736 et seq.) of Chapter 7 of Title 29. Those vessels or persons fishing, whether by power or without, and boats or vessels under sail shall keep out of the way of other boats and vessels in all cases where it is possible to do so.
For purposes of the rules of the road, the term "vessel" includes a "non-displacement" vessel, such as a jet ski or kayak. See Va. Code § 29.1-743.
Though state law provides for navigational rules, the U.S. Coast Guard is the ultimate authority for navigation safety, and the Rules of the Road applicable to all waterways extend from regulations promulgated by the U.S. Coast Guard.
Navigational Rules Under Old Bridge Bridge at Norfolk
In the review of published decisions, with the exception of violation of the rules of the road which provide that a vessel overtaking a power-driven vessel must keep clear, it does not appear that substantive cases have been found with respect to the Old Dominion Power Plant Wharf or referring to the old bridge at the Norfolk end of the Elizabeth River.
The Captain’s License School provides the sonic warning signal which must be given by vessels approaching each other when visibility is diminished, when a vessel cannot determine with a risk of collision exists, or to return a valid signal . The sound signal includes:
•One short blast: "I intend to leave you on my port side," or "I intend to overtake you on your port side. Be so kind as to take action to permit safe passing."
•Two short blasts: "I intend to overtake you on my starboard side. Be so kind as to take action to permit safe passing."
•Three short blasts: This sound signal shall have no meaning; use only if absolutely necessary.
•Four short blasts: "I am uncertain of your intentions. Be so kind as to clarify your intentions."
These sound signals can serve as a warning to vessels to steer clear of potentially dangerous situations.
General Principles
The following principles apply under Rules of the Road:
•Overtaking vessels shall keep clear of the followed vessel or if vessels are in tow, the vessel being towed.
•If vessels are approaching one another head-on, involving risk of collision,
(a) each, if it can do so with safety, shall alter course to starboard so that each will pass on the port side of the other; or
(b) both, if it can do so with safety, shall alter course to port so that each will pass on the starboard side of the other.
•If vessels are crossing one another, involving risk of collision,
(a) the vessel which has the other on her own starboard side shall keep out of the way of the other.
(b) If the vessel required to keep out of the way wishes to avoid a collision, she shall, if possible, get out of the way of the other.
Environmental Regulations and Wildlife Considerations
In addition to the legal requirements and regulations, it is important for kayakers in Virginia to be aware of the environmental impact of their actions. In particular, it is important to consider the impact of human activity on natural habitats. For example, many species of birds depend on specific habitats for nesting and mating. You can do your part by avoiding areas which are known nesting areas or areas which are in general are sensitive wildlife areas. Some areas of the state require permits for mooring or anchoring of boats in their areas in order to minimize disruption in sensitive wildlife areas. In fact, certain waterways are closed completely during nesting seasons. There are also restrictions on how close you can camp to waterways like the Potomac. If your camping or other recreation is lower than a certain distance from the water, in order to protect the environment, you will have to do it in a designated area. You should research these requirements to ensure that you don’t take up residence and camp too close to the waterfront. Of course, you should try to maintain a ‘Leave No Trace’ policy wherever possible. This means that you should try to leave the areas you visit as they were when you arrived. Avoid littering and follow all pollution regulations. This means not using the waterways as your personal trash receptacle. There are also regulations on discharges of certain pollutants or debris into the waterways, so pay attention to these and make sure that you are operating well within the required limits. The Department of game and inland Fish and the Marine Resources Commission have issued a host of regulations in order to protect their ecosystems. You should become familiar with those regulations and abide by them while out on the water. You should also be aware that certain areas of the state are off limits to motorized vehicles because the noise and smell of motorized vehicles are known to drive away certain species of fish and wildlife. Finally, if you see other people treating the waterways or the wildlife poorly by littering or polluting, speak up. The water belongs to everyone and we all have a duty to protect it.
Penalties for Violations
Failing to comply with Virginia’s kayaking laws can result in steep consequences. Depending on the nature of the infraction, you may be faced with hefty fines or even the loss of your permit – and that’s in addition to the consequences of potential criminal charges, if applicable. Common infractions include not having the proper equipment on board your vessel, not wearing a life jacket when required, causing an obstruction to navigation on the waterway, drinking while operating a kayak, or refusing to submit to a breath test after being pulled over. Of course, causing an injury or death will have serious legal penalties, so it’s important to keep a watchful eye on any passengers you may be carrying. For example, if your watercraft is found to be missing paddles or noise-making equipment, the penalty will include both the cost of the equipment to be replaced as well as a fine. If you are operating your kayak while intoxicated, you could be charged with a misdemeanor or a felony, depending on the circumstances. Don’t risk the loss of your kayak permit because of a simple mistake. If you aren’t certain about the laws or have received a citation, speak to a Virginia criminal defense attorney immediately before taking further action.
Safe and Legal Kayaking in Virginia
When considering a foray into Virginia waters in your kayak, it is important to plan for a day on the water that ensures not only a pleasurable outing, but one that complies fully with the state’s boating and kayaking laws.
First and foremost, check local weather conditions. Southern Virginia is famous for its heat and humidity. In the cooler months, however, the air and water can be deceiving. Proper attire, including protective clothing, flotation devices and sunscreen, are essential year-round. Of course, be sure to include all required safety gear, including motorized and unmotorized vessels such as canoes, kayaks and paddleboards.
Next, check your gear. Even though they are less costly than many other watercraft and can be stored almost anywhere, kayaks still require equipment that must be inspected on a regular basis. Rudder and anchor lines, seat support belts and flotation devices should all be checked before and after each use, as well as any personal gear. It’s always a good idea to carry tools, such as screwdrivers and wrenches, in case of an emergency.
In addition to your own equipment, be sure to familiarize yourself with the boating agencies that monitor the water in areas where you plan to kayak. In Virginia, a range of federal, state, and local agencies are responsible for the regulation of non-motorized vessels. The U.S. Coast Guard, the Virginia Department of Game and Inland Fisheries and local municipalities are just a few of the entities authorized to regulate the use of watercraft. In fact, there are more than 250 law enforcement and rescue agencies that oversee waterways in Virginia.
Before heading out on the water , contact the waterway management entity for that area to ensure that you comply with all of the regulations that apply. For instance, some jurisdictions have designated swim areas or no-wake zones where paddlers are not permitted to navigate. In other areas, jet skis, hydrofoils and other motorized equipment are not allowed to share a waterway with conventional kayaks and canoes.
Finally, plan your outing carefully. The outer banks of Virginia and Maryland are extremely popular with paddlers. When embarking on a voyage through these waterways, be aware that every year, a surprising number of collisions occur in the Cape Hatteras and Cape Lookout National Seashores. Also, be sure to research the tides in the areas where you plan to paddle. Permitted paddling excursions from coastal Virginia and North Carolina must comply with any applicable tidal limitations.
On land, be sure to research any required safety features before stepping into the driver’s seat of your trailer-towed kayak. States have different laws regarding features such as taillights, braking systems and tire requirements. In Virginia, trailers weighing over 3,000 pounds are required to have surge brakes, while those weighing more than 2,800 pounds must be equipped with breaks that disable the trailer’s ability to disconnect when reversed.
Regardless of whether you plan to remain close to shore or traverse coastal waters, ensure that your vessel is ready for safe operation before you hit the beach or launch your kayak. Checking for leaks, cracks and punctures should be part of your inspection routine. Also, check paddles, flotation devices and other equipment before you leave. Remember, an enjoyable outing is always one that is planned with you, your family, friends, and the law in mind.