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Other Activities => Fishing => Topic started by: smdave on June 04, 2017, 09:34:17 PM


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Title: Boater safety check?
Post by: smdave on June 04, 2017, 09:34:17 PM
I was stopped today had everything no ticket issued. But was told that my inflatable vests do not count as a life jacket unless it is being worn (we were not wearing them had them readily accessible). Any idea where I can find this law written? I cant find anything but the Sherriff was stating this as truth. I could have asked them but sometimes questioning the authority standing in front of you only gets you a ticket.

I just want to know I try to follow the rules and be safe.

#bigtex

RCW 79A.60.160
Personal flotation devices required—Penalty.

http://apps.leg.wa.gov/rcw/default.aspx?cite=79A.60.160

Title: Re: Boater safety check?
Post by: Mfowl on June 04, 2017, 09:48:30 PM
I don't know where to find it but I have been told the same thing. I guess because they are not a "flotation device" until they are inflated makes them excempt? :dunno: I have found that they are very comfortable and I often forget I have it on by the end of the day. I can't say I wear one without fail but since I acquired that style I am much more  prone to wearing it.
Title: Re: Boater safety check?
Post by: smdave on June 04, 2017, 09:54:42 PM
I don't know where to find it but I have been told the same thing. I guess because they are not a "flotation device" until they are inflated makes them excempt? :dunno: I have found that they are very comfortable and I often forget I have it on by the end of the day. I can't say I wear one without fail but since I acquired that style I am much more  prone to wearing it.

No I get it and wear it more then I used to but trolling in the bubble at 2MPH sunny day I did not have it on. Running to Friday Harbor from Anacortes I do.
Title: Re: Boater safety check?
Post by: lokidog on June 04, 2017, 10:21:14 PM
Interesting... I always thought it was the law to be wearing an inflatable PFD  in order for it to count, however, it is not mentioned in the WAC or the notes or definitions following it.

RCW 79A.60.160
Personal flotation devices required—Penalty.
(1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.
(2) Except as provided in RCW 79A.60.020, a violation of subsection (1) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.
(3) A violation of subsection (1) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.
(4) No person shall operate a vessel under nineteen feet in length on the waters of this state with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States coast guard approval standards of the appropriate size, while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:
(a) While a child is below deck or in the cabin of a boat with an enclosed cabin;
(b) While a child is on a United States coast guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or
(c) While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur.
(5) Except as provided in RCW 79A.60.020, a violation of subsection (4) of this section is an infraction under chapter 7.84 RCW. Enforcement of subsection (4) of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense.
Title: Re: Boater safety check?
Post by: Crunchy on June 04, 2017, 10:30:34 PM
I have been stopped many times out on the sound and have never had my vest on.  No one ever said anything about it.
Title: Re: Boater safety check?
Post by: EmeraldBullet on June 04, 2017, 11:01:29 PM
Just store some hard vests on your boat and you don't have to worry about it. Inflatable vests should count, but its a fishy area. You don't have to wear the hardvests, just have them somewhere on board.
Title: Re: Boater safety check?
Post by: j_h_nimrod on June 04, 2017, 11:44:31 PM
It depends on the type of inflatable vest and how the label is marked. USCG requirements take precedent over state laws, though states laws can add additional requirements so just checking the WACs is not the full answer. In years past inflatable vests were typically Type V and were only considered a PFD if worn. This has changed and there are now Type III inflateables that would technically be considered a PFD as long as the USCG label does not say it is a PFD only if worn.  I am guessing the officer was probably not up on the most recent regs, I think they have only changed in the last 5 years. I always did as recommended above and threw in enough cheap foam vests to forestall any questions.

Another concern would be the term "serviceable" in the regs. Any vest that is sun faded, torn, or otherwise in any way in disrepair can be discredited as a flotation device. An inflatable has to be all systems in the green and a good CO2 cartridge installed that is not past its expiration.
Title: Re: Boater safety check?
Post by: Duckslayer89 on June 05, 2017, 03:27:42 AM
I was stopped today had everything no ticket issued. But was told that my inflatable vests do not count as a life jacket unless it is being worn (we were not wearing them had them readily accessible). Any idea where I can find this law written? I cant find anything but the Sherriff was stating this as truth. I could have asked them but sometimes questioning the authority standing in front of you only gets you a ticket.

I just want to know I try to follow the rules and be safe.

#bigtex

RCW 79A.60.160
Personal flotation devices required—Penalty.

http://apps.leg.wa.gov/rcw/default.aspx?cite=79A.60.160

I think you have to put @bigtex
Title: Re: Boater safety check?
Post by: Blacklab on June 05, 2017, 06:03:13 AM
Wow! if this isn't a Arsenial Hall moment. "things that make you go hmmm". So curious to hear big tex on this subject.
Title: Re: Boater safety check?
Post by: Rainstorm Hunter on June 05, 2017, 09:13:50 AM
Have been told that by coast guard before. Self inflating pfd's only count if they are being worn. I always store the other type of PFD in the boat as well just for compliance. Always wear the inflatable PFD's while running or in windy or foggy conditions.
Title: Re: Boater safety check?
Post by: Skillet on June 05, 2017, 09:58:29 AM
It's a coast guard thing.  Type V flotation must be worn to count as flotation device.
Title: Re: Boater safety check?
Post by: Stein on June 05, 2017, 11:28:22 AM
Check the label, if it is a Type V, it probably lists that it must be worn to count.  The CFR specifies several markings that must be on there according to the approval certificate and also that the pfd must be used in accordance with its markings.
Title: Re: Boater safety check?
Post by: smdave on June 05, 2017, 04:02:35 PM
Here is from the Cabelas website I will read the label when I get home.

USCG-approved Type-II PFD

http://www.cabelas.com/product/Cabelas-Tournament-Auto-PFD/2199462.uts?searchPath=%2Fbrowse.cmd%3FcategoryId%3D734095080%26CQ_search%3Dpfd

Dave
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