Children ARE Required to Wear a PFD in California
Basically what this says is if a state does not have their own regulation or if you are outside of a states regulatory jurisdiction the Coast Guard requires a child who is not yet thirteen to wear a PFD on any vessel which is underwayR 081842Z JUL 02 ZUI ASN-A00189000019FM COMDT COGARD WASHINGTON DC//G-O//TO ALCOASTBTUNCLAS //N16750//ALCOAST 337/02COMDTNOTE 16750SUBJ ENFORCEMENT POLICY FOR NEW REGULATIONS REQUIRING CERTAINCHILDREN ABOARD RECREATIONAL VESSELS TO WEAR PERSONAL FLOTATIONDEVICES1. THE COAST GUARD PUBLISHED NEW INTERIM REGULATIONS IN THE FEDERAL REGISTER [67 FR 42488] ON 24 JUNE 2002 AND THEY WILL BECOMEEFFECTIVE ON 23 DECEMBER 2002. THE REGULATIONS ESTABLISH A FEDERALREQUIREMENT FOR CHILDREN UNDER 13 YEARS OLD ABOARD RECREATIONALVESSELS TO WEAR COAST GUARD-APPROVED PERSONAL FLOTATION DEVICES(PFDS), WHILE THE VESSEL IS UNDER WAY, UNLESS THE CHILDREN AREBELOW DECKS OR IN AN ENCLOSED CABIN. THE REGULATIONS APPLY ONWATERS SUBJECT TO THE JURISDICTION OF THE UNITED STATES, ON THEWATERS OF STATES WITH NO REQUIREMENTS FOR CHILDREN TO WEAR PFDS,AND ON THE HIGH SEAS BEYOND THE TERRITORIAL SEAS FOR RECREATIONALVESSELS OWNED IN THE UNITED STATES.2. THE REGULATIONS ALSO PROVIDE FOR ADOPTING ANY STATE REQUIREMENTFOR CHILDREN TO WEAR PFDS AS THE FEDERAL REQUIREMENT WITHIN THATSTATE. TO ENSURE THAT THE RECREATIONAL BOATING PUBLIC HAS ADEQUATENOTICE OF THE NEW FEDERAL REQUIREMENTS, WE ARE ADVISINGRECREATIONAL VESSEL OPERATORS OF THE NEW FEDERAL REQUIREMENTSDURING THE 2002 BOATING SEASON, BEFORE THE RULE GOES INTO EFFECT.ENFORCEMENT WILL COMMENCE ON 1 JANUARY 2003. IN ADDITION, BOARDINGOFFICERS SHOULD ENCOURAGE RECREATIONAL VESSEL OPERATORS TO HAVECHILDREN ON THEIR VESSELS WEAR PFDS NOW FOR SAFETY AND TO COMPLYWITH APPLICABLE STATE REQUIREMENTS.3. ENFORCEMENT OPTIONS, ONCE EFFECTIVE, FOR VIOLATIONS OF THE NEWFEDERAL REQUIREMENTS INCLUDE, ISSUING WRITTEN WARNINGS OR NOTICESOF DISCREPANCY, AT THE DISCRETION OF THE BOARDING OFFICER, TO THEOPERATOR OF RECREATIONAL VESSELS UNDER WAY WITH CHILDREN ABOARDWHO ARE NOT WEARING PFDS, IN VIOLATION OF THE FEDERAL REQUIREMENT.BY LAW, A VIOLATION OF FEDERAL REQUIREMENTS ON CARRIAGE OR USE OFSAFETY EQUIPMENT ON RECREATIONAL VESSELS COULD BE SUBJECT TO AMAXIMUM CIVIL PENALTY OF 1,100 DOLLARS FOR EACH VIOLATION, WITH ARECOMMENDED PENALTY RANGING FROM 50 DOLLARS TO 250 DOLLARS FOR EACHVIOLATION. THIS RANGE OF PENALTY IS IN KEEPING WITH THE RANGE OFPENALTY FOR NOT HAVING A PFD READILY ACCESSIBLE.4. LAW ENFORCEMENT OFFICERS ARE AUTHORIZED AND ENCOURAGED TOMAINTAIN LOCAL LIAISON WITH STATE LAW ENFORCEMENT OFFICIALS TOENSURE ACCURATE AND TIMELY KNOWLEDGE OF THE STATE REQUIREMENTSFOR CHILDREN WEARING PFDS ON WATERS UNDER THEIR JURISDICTION.5. FOLLOWING ARE A NUMBER OF QUESTIONS AND ANSWERS TO PROVIDEGUIDANCE ON INTERPRETATION AND ENFORCEMENT OF THE FEDERALREGULATIONS AND TO CLARIFY THE MEANING OF TERMS AND APPLICATIONOF THE FEDERAL REQUIREMENTS IN SPECIFIC CIRCUMSTANCES A. QUESTION. WHAT IS BELOW DECKS? DOES IT INCLUDE THE SPACE BELOWA FLYING BRIDGE DECK? ANSWER. BELOW DECKS IS BELOW THE MAIN DECK. A SPACE BELOW AFLYING BRIDGE DECK DOES NOT QUALIFY. HOWEVER, SUCH A SPACE MAY BEAN ENCLOSED CABIN. B. QUESTION. WHAT IS AN ENCLOSED CABIN? DOES PLASTIC OR CANVASSIDING QUALIFY AS AN ENCLOSED CABIN? ANSWER. AN ENCLOSED CABIN IS A SPACE THAT IS ENCLOSED BY SOLIDBULKHEAD, WINDOWS OR DOORS. A SPACE WITH BUTTON DOWN OR TIED DOWNPLASTIC OR CANVAS COVERINGS OVER RAILS OR BRACES DOES NOT QUALIFYAS AN ENCLOSED CABIN. C. QUESTION. IF AN ENCLOSED CABIN ON A VESSEL HAS A SLIDINGDOOR(S) AS THE AFTER BULKHEAD, IS IT STILL AN ENCLOSED CABIN WITHTHE SLIDING DOOR(S) LOCKED IN THE OPEN POSITION? ANSWER. YES, IT IS STILL AN ENCLOSED CABIN EVEN WITH THEDOOR(S) LOCKED OPEN. D. QUESTION. DO WE ENFORCE ALL OF A STATE'S REQUIREMENTS FORCHILDREN TO WEAR PFDS ON RECREATIONAL VESSELS AS THE FEDERALREQUIREMENT ON WATERS UNDER OUR JURISDICTION WITHIN THAT STATE? ANSWER. YES, INCLUDING AGE OF CHILD, LENGTH OF VESSEL OR OTHERSTATE REQUIREMENT. E. QUESTION. DOES THE FEDERAL AGE REQUIREMENT REVERT TO UNDER 13BEYOND 3 MILES OUT, (THE TERRITORIAL WATERS)? ANSWER. THE FEDERAL AGE REQUIREMENT REVERTS TO UNDER 13SEAWARD OF STATE WATERS. THE LIMIT OF STATE WATERS MAY VARY,HOWEVER, BY STATE. FOR EXAMPLE, FLORIDA EXERCISES STATEJURISDICTION OUT TO 3 MILES ON THE ATLANTIC COAST, BUT OUT TO 9MILES OFF THE GULF COAST. THE DISTRICT LEGAL OFFICE SHOULD BECONSULTED TO CONFIRM THE EXTENT OF STATE JURISDICTION FOR EACHSTATE WITHIN THE DISTRICT. F. QUESTION. DO THE REGULATIONS APPLY TO CHARTERED VESSELS? ANSWER. NO. THE REGULATIONS APPLY ONLY TO RECREATIONALVESSELS, WHETHER OWNED OR RENTED FOR RECREATIONAL USE. VESSELSCARRYING PASSENGERS FOR HIRE, SUCH AS SIX-PACKS, HEAD BOATS, PARTYBOATS, ETC., ARE COMMERCIAL VESSELS AND ARE NOT SUBJECT TO THISREGULATION. G. QUESTION. CAN A STATE LAW ENFORCEMENT OFFICER TAKE ACTIONREGARDING THE FEDERAL REGULATION? ANSWER. ANY LAW ENFORCEMENT OFFICER CAN SUBMIT A CG 4100 FORM(REPORT OF BOARDING) THROUGH AN APPROPRIATE COAST GUARD UNIT TO ACOAST GUARD HEARING OFFICER TO PROCESS A CIVIL PENALTY VIOLATION. H. QUESTION. HOW DO WE VERIFY THE AGE OF CHILDREN TO DETERMINEWHETHER OR NOT THERE IS A VIOLATION OF THE PFD WEARING REQUIREMENT? ANSWER. IN MOST CASES, THE VERBAL CLAIM OF THE CHILD WILLSUFFICE. IF THE BOARDING OFFICER HAS REASONABLE GROUNDS TO DOUBTTHE VERBAL CLAIM, IDENTIFICATION MAY BE SOUGHT. IN THE ABSENCE OFIDENTIFICATION, AND WHERE REASONABLE GROUNDS EXIST TO SUSPECT AVIOLATION, ENFORCEMENT ACTION SHOULD BE TAKEN, WITH AMPLIFYINGINFORMATION NOTED ON THE CG-4100S FORM.6. THIS GUIDANCE WILL BE REFLECTED IN A FUTURE REVISION TO THEMARITIME LAW ENFORCEMENT MANUAL, COMDTINST M16247.1 (SERIES).7. IF YOU HAVE ANY QUESTIONS OR CONCERNS CONCERNING THE PHASED-INENFORCEMENT POLICY OR INTERPRETATION OF THE REGULATIONS, PLEASECONTACT CARLTON PERRY (G-OPB-1) AT 202-267-0979, VANN BURGESS(OPB-2) AT 202-267-6717, CWO TRACY ALLEN (G-OPL) AT 202-267-2563,OR LCDR RHONDA FLEMING-MAKELL (G-OPL) AT 202-267-2341.8. INTERNET RELEASE AUTHORIZED.9. RELEASED BY RADM KENNETH T. VENUTO, ACTING ASSISTANT COMMANDANTFOR OPERATIONS.BTNNNN