250-010-0154 Personal Flotation Devices (1) A person must not operate a boat on the waters of this state unless: (a) At least one wearable Personal Flotation Device (PFD) is on board for each person; and (b) Each PFD is used in accordance with any requirements on the approved label; and (c) Each PFD is used in accordance with any requirements in its owner’s manual, if the approved label makes reference to such a manual. (2) A person must not operate a boat 16 feet or more in length unless one throwable PFD is on board in addition to the total number of wearable PFDs required in section (1) of this rule. (3) A person must not operate a boat on the waters of this state with a child age 12 and under, unless the child is wearing a U.S. Coast Guard approved personal flotation device, of the appropriate size, while the boat is underway. For the purpose of ORS 830.215, a personal flotation device shall not be considered "readily accessible" for children age 12 and under unless the device is worn while the boat is underway. The PFD must be worn at all times by a child age 12 and under whenever the boat is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted: (a) While the child is below deck, or in the cabin of a boat with enclosed cabin. (b) While a child is on a sailboat and tethered by means of a lifeline or harness attached to the sailboat. (c) While a child is on a U.S. Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States. (4) A person must not operate a personal watercraft (PWC), as defined in OAR 250-021-0020, unless each person operating or riding on the vessel is wearing an inherently buoyant Coast Guard approved wearable PFD that does not have a limitation or restriction on its approval that would prevent its use on a PWC. (5) A properly secured wearable PFD must be worn by persons in a boat while navigating sections of river with a commonly accepted scale of river difficulty rated Class III or higher. The personal flotation devices worn by boaters must: (a) Be approved by the U.S. Coast Guard as a wearable personal flotation device. (b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers. (c) Not be an inflatable personal flotation device. (6) Exemptions: (a) Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional throwable PFD. (b) Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any PFD. Racing shells, rowing sculls, racing canoes, and racing kayaks are manually propelled vessels that are recognized by national or international racing associations for use in competitive racing an in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and are not designed to carry and do not carry any equipment not solely for competitive racing. (c) Sailboards are exempted from the requirements for carriage of any PFD. (d) Float tubes as defined in OAR 250-010-0010 are exempted from the requirements for carriage of any PFD. Statutory/Other Authority: ORS 830.215 Statutes/Other Implemented: ORS 830.215 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020 OSMB 2-2010, f. & cert. ef. 1-15-10 MB 1-1998, f. 1-15-98, cert. ef. 2-14-98 MB 9-1997, f. & cert. ef. 10-8-97 MB 2-1996, f. & cert. ef. 2-13-96 MB 1-1995, f. 3-21-95, cert. ef. 5-1-95 MB 12-1988, f. 12-28-98, cert. ef. 1-1-89 MB 2-1984, f. & ef. 1-5-84 Suspended by MB 11-1983(Temp), f. 11-29-83, ef. 12-1-83 MB 54, f. 10-29-73, ef. 11-25-73 MB 18, f. 2-5-63 MB 8, f. 6-30-61