BILL ANALYSIS Ó
AB 638
Page 1
ASSEMBLY THIRD READING
AB
638 (Frazier)
As Amended March 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+----------------------+---------------------|
|Transportation |16-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, | |
| | |Gomez, Kim, Linder, | |
| | |Medina, Melendez, | |
| | |Nazarian, O'Donnell | |
| | | | |
| | | | |
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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.
AB 638
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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
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)Requires all vessels to be equipped with a PFD for each person
on board, which, if stored, must be readily available.
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5)Defines "vessel" as any vessel that is subject to registration
with the Department of Motor Vehicles and that is manufactured
or used for noncommercial purposes or is leased, rented, or
chartered to another for noncommercial use.
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. This bill is applicable to
recreational boaters operating vessels for non-commercial
purposes. It does not apply to things like ferries and other
commercial boats.
This bill requires children under 13 to wear a PFD on recreational
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."
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There is no opposition on file.
Analysis Prepared by:
Anya Lawler / TRANS. / (916) 319-2093 FN: 0000150