Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 638


Introduced by Assembly Member Frazier

February 24, 2015


An act to amend Section 658.3 of the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL’S DIGEST

AB 638, as amended, 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, exceptbegin delete as provided.end deletebegin insert, among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.end insert

This bill wouldbegin delete make nonsubstantive changes in those provisionsend deletebegin insert make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length. The bill would revise the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvass, and covered by a roofend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 658.3 of the Harbors and Navigation
2Code
is amended to read:

3

658.3.  

(a) A person shall not operate a motorboat, sailboat, or
4vesselbegin delete that is 26 feet or less in lengthend delete, unless every person who is
5on board and who is under 13 years of age is wearing a United
6States Coast Guard-approved wearable personal flotation device
7that is used in accordance with approval labels and manufacturer’s
8instructions while that motorboat, sailboat, or vessel is underway.

9(b) Subdivision (a) does not apply to a person operating a
10 sailboat on which a person who is under 13 years of age is
11restrained by a harness tethered to the vessel, or to a person
12operating a vessel on which a person who is under 13 years of age
13is in an enclosed cabin.

14(c) A person on board a personal watercraft or a person being
15towed behind a vessel on water skis, an aquaplane, or similar
16device, except for an underwater maneuvering device intended for
17use by a submerged swimmer, shall wear a United States Coast
18Guard-approved wearable personal flotation device that is used in
19accordance with approval labels and manufacturer’s instructions.
20An underwater maneuvering device is a towed or self-powered
21apparatus that a person can pilot through diving, turning, and
22surfacing maneuvers that is designed for underwater use.

23(1) This subdivision does not apply to a person aboard a personal
24watercraft or a person being towed behind a vessel on water skis,
25if that person is a performer engaged in a professional exhibition,
26or preparing to participate or participating with authorization
27pursuant to a United States Coast Guard permit or other permit
28granted pursuant to subdivision (a) of Section 268 in an official
29regatta, marine parade, tournament, or exhibition.

30(2) In lieu of wearing a United States Coast Guard-approved
31wearable personal flotation device as described in this subdivision,
32a person engaged in slalom skiing on a marked course or a person
33engaged in barefoot, jump, or trick waterskiing may elect to wear
34a wetsuit designed for the activity and labeled by the manufacturer
35as a water ski wetsuit. A United States Coast Guard-approved
36personal flotation device as described in this subdivision shall be
37carried in the tow vessel for each skier electing to wear a water
38 ski wetsuit pursuant to this paragraph.

P3    1(d) The requirements set forth in subdivisions (a) and (c) do not
2apply to a person 13 years of age or older operating a motorboat,
3sailboat, or vessel if the vessel is engaged in an emergency rescue
4situation.

5(e) The following definitions govern the construction of this
6section:

7(1) “Enclosed cabin” means a space on board a vessel that is
8surrounded by bulkheadsbegin insert or canvass,end insert and covered by a roof.

9(2) “Operate a motorboat, sailboat, or vessel” means to be in
10control or in charge of a motorboat, sailboat, or vessel while it is
11underway.

12(3) “Underway” means all times except when the motorboat,
13sailboat, or vessel is anchored, moored, or aground.

14(f) A violation of this section is an infraction punishable as
15provided in subdivision (a) of Section 668.



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