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 agebegin delete or lessend delete is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except, 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.
This bill would make that prohibition applicable to a person operating a motorboat,
sailboat, or vessel of anybegin delete length.end deletebegin insert length, but would exempt from that prohibition a person operating a passenger vessel or small passenger vessel, as defined.end insert The bill would revise the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads orbegin delete canvass,end deletebegin insert canvas,end insert and covered by a roof.
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, unless every person who is on board and who is under 13
5years of age is wearing a United States Coast Guard-approved
6wearable personal flotation device that is used in accordance with
7approval labels and manufacturer’s instructions while that
8motorboat, 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
P3 1personal
flotation device as described in this subdivision shall be
2carried in the tow vessel for each skier electing to wear a water
3
ski wetsuit pursuant to this paragraph.
4(d) The requirements set forth in subdivisions (a) and (c) do not
5apply to a person 13 years of age or older operating a motorboat,
6sailboat, or vessel if the vessel is engaged in an emergency rescue
7situation.
8(e) Subdivision (a) does not apply to a person operating a
9“passenger vessel,” as defined in Section 2101(22) of Title 46 of
10the United States Code or a “small passenger vessel,” as defined
11in Section 2101(35) of Title 46 of the United States Code.
12(e)
end delete
13begin insert(f)end insert The following definitions govern the construction of this
14section:
15(1) “Enclosed cabin” means a space on board a vessel that is
16surrounded by bulkheads orbegin delete canvass,end deletebegin insert canvas,end insert and covered by a
17roof.
18(2) “Operate a motorboat, sailboat, or vessel” means to be in
19control or in charge of a motorboat, sailboat, or vessel while it is
20underway.
21(3) “Underway” means all times except when the motorboat,
22sailboat, or vessel is anchored, moored, or aground.
23(f)
end delete
24begin insert(g)end insert A violation of this section is an infraction punishable as
25provided in subdivision (a) of Section 668.
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