AB 638, as introduced, Frazier. Vessels: personal flotation devices.
Existing law regulates the safe operation of various types of vessels navigating the state’s ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age or less is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except as provided.
This bill would make nonsubstantive changes in those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 658.3 of the Harbors and Navigation
2Code is amended to read:
(a) A person shall not operate a motorboat, sailboat, or
4vessel that is 26 feet or less in length, unless every person begin insertwho is end insert
5on boardbegin insert andend insert who is under 13 years of age is wearing a United
6States Coast Guard-approved wearable personal flotation device
P2 1begin insert that isend insert used in accordance with approval labels and manufacturer’s
2instructions while that motorboat, sailboat, or vessel is underway.
3(b) Subdivision (a) does not apply to a person operating a
4
sailboat on which a person who is under 13 years of age is
5restrained by a harness tethered to the vessel, or to a person
6operating a vessel on which a person who is under 13 years of age
7is in an enclosed cabin.
8(c) A person on board a personal watercraft or a person being
9towed behind a vessel on water skis, an aquaplane, or similar
10device, except for an underwater maneuvering device intended for
11use by a submerged swimmer, shall wear a United States Coast
12Guard-approved wearable personal flotation devicebegin insert that isend insert used in
13accordance with approval labels and manufacturer’s instructions.
14An underwater maneuvering device is a towed or self-powered
15apparatus that a person can pilot through diving, turning, and
16surfacing maneuvers that is designed for underwater use.
17(1) This
subdivision does not apply to a person aboard a personal
18watercraft or a person being towed behind a vessel on water skis,
19if that person is a performer engaged in a professional exhibition,
20or preparing to participate or participating with authorization
21pursuant to a United States Coast Guard permit or other permit
22granted pursuant to subdivision (a) of Section 268 in an official
23regatta, marine parade, tournament, or exhibition.
24(2) In lieu of wearing a United States Coast Guard-approved
25wearable personal flotation device as described in this subdivision,
26a person engaged in slalom skiing on a marked course or a person
27engaged in barefoot, jump, or trick waterskiing may elect to wear
28a wetsuit designed for the activity and labeled by the manufacturer
29as a water ski wetsuit. A United States Coast Guard-approved
30personal flotation device as described in this subdivision shall be
31carried in the tow vessel for each skier electing to wear a water
32
ski wetsuit pursuant to this paragraph.
33(d) The requirements set forth in subdivisions (a) and (c) do not
34apply to a person 13 years of age or older operating a motorboat,
35sailboat, or vessel if the vessel is engaged in an emergency rescue
36situation.
37(e) The following definitions govern the construction of this
38section:
39(1) “Enclosed cabin” means a space on board a vessel that is
40surrounded by bulkheads and covered by a roof.
P3 1(2) “Operate a motorboat, sailboat, or vessel” means to be in
2control or in charge of a motorboat, sailboat, or vessel while it is
3underway.
4(3) “Underway” means all times except when the motorboat,
5sailboat, or vessel is anchored, moored, or aground.
6(f) A violation of this section is an infraction punishable as
7provided in subdivision (a) of Section 668.
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