California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 4 - Equipment Requirements › Section 6550.5 - Scope of Articles 4 and 5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulations in this article and in
				  Article 5 apply to vessels operating on the waters which are subject to the
				  jurisdiction of this state. All vessels complying with the construction and
				  equipment requirements of the International Regulations for Preventing
				  Collisions at Sea, 1972, are considered to be in compliance with these
				  Rules.
(b) Where federal law,
				  including the United States Coast Guard regulations, provides an exemption to
				  any of the provisions of the federal equipment or operation requirements which
				  conform to the state requirements set forth in Articles 4 and 5 of this
				  chapter, that exemption shall also apply to the state requirements.
(c) A peace officer or harbor policeman
				  authorized to enforce the provisions of Chapter 5 (commencing with Section
				  650) of Division 3 of the Harbors
				  and Navigation Code may inspect a vessel using California waterways for
				  compliance with safety laws, rules, or regulations where the officer has
				  probable cause or a reasonable suspicion to believe that a violation of the
				  laws, rules, or regulations exists.
(d)
(1) A
				  peace officer authorized to enforce the provisions of Chapter 5 (commencing
				  with Section
				  650) of Division 3 of the Harbors
				  and Navigation Code may order the operator of an unsafe vessel to remove that
				  vessel to the shore or to a safe moorage or anchorage in accordance with the
				  requirements of this subsection. An officer may order an unsafe vessel so
				  removed where it is being operated with one or more of the hazardous
				  conditions, described in subdivision (2), where those conditions cannot be
				  corrected on the spot, and where, in the judgment of the officer, continued
				  operation of the vessel would create an immediate danger to life, limb, or
				  property.
(2) For purposes of
				  subdivision (1), a vessel is operated in a hazardous condition whenever the
				  vessel:
(A) Is used without sufficient
				  personal flotation devices, as prescribed by Section
				  6565 of this article;
(B) Is used without sufficient firefighting
				  devices, as prescribed by Section
				  6569 of this article;
(C) Does not display required navigation
				  lights between sunset and sunrise, as prescribed by Section
				  6600.1 of Article 5;
(D) Has fuel leakage from either the fuel
				  system or engine, or both;
(E) Has
				  accumulation of fuel in bilges or compartment other than a fuel tank;
(F) Does not have legal and serviceable
				  ventilation system, as prescribed by Section
				  6575 of this article;
(G) Does not have proper backfire flame
				  control system, as prescribed by Section
				  6574 of this article;
(H) Is overloaded to the extent that there
				  exists so little freeboard that the danger of sinking or capsizing may be
				  imminent.
A person operating an unsafe vessel, as specified in this
					 subdivision shall remove it to the shore or to a safe moorage or anchorage as
					 directed by the peace officer.