BILL ANALYSIS Ó
AB 638
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Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 638
(Frazier) - As Amended March 26, 2015
SUBJECT: Vessels: personal flotation devices
SUMMARY: Prohibits a person from operating a motorboat,
sailboat, or vessel of any length unless every person on board
under the age of 13 is wearing a personal flotation device (PFD)
while the vessel is underway. Specifically, this bill:
1)Prohibits a person from operating any motorboat, sailboat, or
vessel unless every person on board under the age of 13 is
wearing a United States Coast Guard-approved PFD.
2)Changes the definition of "enclosed cabin" to mean a space on
board a vessel that is surrounded by bulkheads or canvas.
EXISTING LAW:
1)Imposes a variety of safety-related requirements applicable to
vessels operating on waters subject to state jurisdiction.
2)Prohibits a person from operating a motorboat, sailboat, or
AB 638
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vessel that is 26 feet or less in length unless every person
on board under the age of 13 is wearing a United States Coast
Guard-approved wearable PFD that is used in accordance with
approval labels and manufacturer's instructions.
1)Specifies that the above prohibition does not apply to a
person operating a sailboat on which a person under 13 is
restrained by a harness tethered to the vessel, or to a person
operating a vessel on which a person under 13 years of age is
in an enclosed cabin.
2)Defines "enclosed cabin" as a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
3)Defines "operate a motorboat, sailboat, or vessel" as being in
control or in charge of a motorboat, sailboat, or vessel while
it is underway.
4)Defines "underway" to mean all times except when the
motorboat, sailboat, or vessel is anchored, moored, or
aground.
5)Requires all vessels to be equipped with a PFD for each person
on board, which, if stored, must be readily available.
FISCAL EFFECT: None
COMMENTS: Under existing law, any child under 13 is required to
wear a PFD while on a vessel under 26 feet in length that is
operating on waters under state jurisdiction, unless the child
is in an enclosed cabin or is on a sailboat and restrained by a
harness that is tethered to the boat.
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This bill requires children under 13 to wear a PFD on vessels of
any length. According to the author and sponsor, in the past
most vessels longer than 26 feet were cabin-style vessels, but
today, many of the popular "go fast" or cigarette boats, which
generally have open cabins, exceed 26 feet. These vessels can
reach speeds of 80 miles per hour or faster. While statute
requires PFDs to be readily available on board all vessels for
all passengers, in the event of an accident there is often
little time for occupants to put them on, especially in an
accident at a high rate of speed.
Writing in support of the bill, the sponsor, the California
State Sheriffs' Association, states: "AB 638 recognizes that the
law no longer accurately reflects the reality, which is that
boats capable of attaining high speeds often exceed 26 feet in
length. A child riding on such a vessel when it is underway
should wear a life jacket and this bill addresses that
deficiency. This is a modest expansion of current law that will
protect children in a meaningful and quantifiable way."
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association (Sponsor)
Opposition
AB 638
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None on file
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093