§ 8-743. Personal flotation devices

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Child" means an individual who is under the age of 13 years.

   (3) "Personal flotation device" means a Type I, II, III, or V U.S. Coast Guard approved personal flotation device that is:

      (i) The proper size for the child; and

      (ii) In good and serviceable condition.

   (4) (i) "Vessel" means:

         1. A vessel used for recreational purposes; or

         2. A vessel leased, rented, or chartered for noncommercial use.

      (ii) "Vessel" does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester's license number while engaged in the harvesting of seafood for sale.

(b) Requirement when child present. --

   (1) A person may not operate or permit the operation of a vessel under 21 feet in length while there is present in the vessel a child not wearing a personal flotation device which is securely and properly attached to the child.

   (2) If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to:

      (i) Hold the child securely within the personal flotation device, including a strap that is secured between the child's legs to fasten together the front and back of the personal flotation device;

      (ii) Maintain the buoyancy of the child, including an inflatable headrest or high collar; and

      (iii) Ensure the ready accessibility of the child from the vessel, including a web handle.

(c) Exceptions. -- Subsection (b) does not apply to:

   (1) A vessel that is moored or anchored; or

   (2) A child who is below deck or in an enclosed cabin.

HISTORY: 2001, ch. 429; 2004, ch. 25, § 1; ch. 458, § 1, 2; 2005, ch. 25, § 1, 2; 2010, ch. 35, § 2.