| Eighth Western Rivers Region HIAWATHA DIVISION 2 Recent Federal and State Boating Law Changes |
| Introduction |
The purpose of this page is to highlight recent Federal and State boating law changes. It does not include every Federal or State boating law or regulation that has ever been published. |
| NEW FEDERAL REGULATION EFFECTIVE 23 DECEMBER 2002 — WEARING OF PERSONAL FLOATATION DEVICES (PFDs) BY CERTAIN CHILDREN ABOARD RECREATIONAL VESSELS |
The United States Coast Guard published an Interim Rule in the June 24, 2002, Federal Register [67 FR 42488] requiring all children under 13 years old to wear a Coast Guard approved life jacket, that fits, when underway on a recreational vessel: unless they are in an enclosed cabin or below decks. The regulation applies on waters subject to the jurisdiction of the United States, on the waters of states with no requirement and on the high seas beyond the territorial seas for recreational vessels owned in the United States. The Coast Guard stressed that the rule only applies in those States that currently have no rule requiring children to wear a life jacket. However in those States that possess any requirement, the rule recognizes and adopts that State's requirement as the Federal requirement. The rule becomes effective December 23, 2002 and provides a comment period that runs through August 23. In addition, it includes an education and public awareness phase that begins July 1 and ends For information on Safety standards and regulations for recreational boats, see: Federal Regulations Web site published by the United States Coast Guard Office of Boating Safety. FOLLOWING ARE A NUMBER OF QUESTIONS AND ANSWERS TO PROVIDE GUIDANCE ON INTERPRETATION AND ENFORCEMENT OF THE FEDERAL REGULATIONS AND TO CLARIFY THE MEANING OF TERMS AND APPLICATION OF THE FEDERAL REQUIREMENTS IN SPECIFIC CIRCUMSTANCES: |
| QUESTION: | WHAT IS BELOW DECKS? DOES IT INCLUDE THE SPACE BELOW A FLYING BRIDGE DECK? |
|---|---|
| ANSWER: | BELOW DECKS IS BELOW THE MAIN DECK. A SPACE BELOW A FLYING BRIDGE DECK DOES NOT QUALIFY. HOWEVER, SUCH A SPACE MAY BE AN ENCLOSED CABIN. |
| QUESTION: | WHAT IS AN ENCLOSED CABIN? DOES PLASTIC OR CANVAS SIDING QUALIFY AS AN ENCLOSED CABIN? |
| ANSWER: | AN ENCLOSED CABIN IS A SPACE THAT IS ENCLOSED BY SOLID BULKHEAD, WINDOWS OR DOORS. A SPACE WITH BUTTON DOWN OR TIED DOWN PLASTIC OR CANVAS COVERINGS OVER RAILS OR BRACES DOES NOT QUALIFY AS AN ENCLOSED CABIN. |
| QUESTION: | IF AN ENCLOSED CABIN ON A VESSEL HAS A SLIDING DOOR(S) AS THE AFTER BULKHEAD, IS IT STILL AN ENCLOSED CABIN WITH THE SLIDING DOOR(S) LOCKED IN THE OPEN POSITION? |
| ANSWER: | YES, IT IS STILL AN ENCLOSED CABIN EVEN WITH THE DOOR(S) LOCKED OPEN. |
| QUESTION: | DO WE ENFORCE ALL OF A STATE'S REQUIREMENTS FOR CHILDREN TO WEAR PFDS ON RECREATIONAL VESSELS AS THE FEDERAL REQUIREMENT ON WATERS UNDER OUR JURISDICTION WITHIN THAT STATE? |
| ANSWER: | YES, INCLUDING AGE OF CHILD, LENGTH OF VESSEL OR OTHER STATE REQUIREMENT. |
| QUESTION: | DOES THE FEDERAL AGE REQUIREMENT REVERT TO UNDER 13 BEYOND 3 MILES OUT, (THE TERRITORIAL WATERS)? |
| ANSWER: | THE FEDERAL AGE REQUIREMENT REVERTS TO UNDER 13 SEAWARD OF STATE WATERS. THE LIMIT OF STATE WATERS MAY VARY, HOWEVER, BY STATE. FOR EXAMPLE, FLORIDA EXERCISES STATE JURISDICTION OUT TO 3 MILES ON THE ATLANTIC COAST, BUT OUT TO 9 MILES OFF THE GULF COAST. THE DISTRICT LEGAL OFFICE SHOULD BE CONSULTED TO CONFIRM THE EXTENT OF STATE JURISDICTION FOR EACH STATE WITHIN THE DISTRICT. |
| QUESTION: | DO THE REGULATIONS APPLY TO CHARTERED VESSELS? |
| ANSWER: | NO. THE REGULATIONS APPLY ONLY TO RECREATIONAL VESSELS, WHETHER OWNED OR RENTED FOR RECREATIONAL USE. VESSELS CARRYING PASSENGERS FOR HIRE, SUCH AS SIX-PACKS, HEAD BOATS, PARTY BOATS, ETC., ARE COMMERCIAL VESSELS AND ARE NOT SUBJECT TO THIS REGULATION. |
| QUESTION: | CAN A STATE LAW ENFORCEMENT OFFICER TAKE ACTION REGARDING THE FEDERAL REGULATION? |
| ANSWER: | ANY LAW ENFORCEMENT OFFICER CAN SUBMIT A CG 4100 FORM (REPORT OF BOARDING) THROUGH AN APPROPRIATE COAST GUARD UNIT TO A COAST GUARD HEARING OFFICER TO PROCESS A CIVIL PENALTY VIOLATION. |
| QUESTION: | HOW DO WE VERIFY THE AGE OF CHILDREN TO DETERMINE WHETHER OR NOT THERE IS A VIOLATION OF THE PFD WEARING REQUIREMENT? |
| ANSWER: | IN MOST CASES, THE VERBAL CLAIM OF THE CHILD WILL SUFFICE. IF THE BOARDING OFFICER HAS REASONABLE GROUNDS TO DOUBT THE VERBAL CLAIM, IDENTIFICATION MAY BE SOUGHT. IN THE ABSENCE OF IDENTIFICATION, AND WHERE REASONABLE GROUNDS EXIST TO SUSPECT A VIOLATION, ENFORCEMENT ACTION SHOULD BE TAKEN, WITH AMPLIFYING INFORMATION NOTED ON THE CG-4100S FORM. |
The National Association of State Boating Law Administrators' information for the upcoming Seventh Edition of the Reference Guide to State Boating Laws, is the latest (2001 survey) information on State ages at which children must wear PFDs in those States and the corresponding Federal age enforced on the Federal waterways within those States (Download: Reference Guide to State Boating Laws, Sixth Edition in Adobe Acrobat pdf format (296K). This information is changing and a state or local agency must be consulted for the current regulations.
State Boating Information Web Sites Minnesota Department of Natural Resources
WI Department of Natural Resources Iowa Department of Natural Resources |
