Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Section 97.1 - Personal flotation devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise:
Immediately available
-A PFD that is within
					 arm's reach of the operator or passenger while the boat is being operated. A
					 PFD that is stored in a protective covering or sealed in its original packaging
					 is not immediately available.
PFD-Personal flotation device
-A life
					 preserver that is approved by the Commandant of the United States Coast Guard
					 under 46 CFR Part 160 (relating to lifesaving equipment).
Readily accessible
-A PFD that is stowed
					 where it can be easily reached or is out in the open ready for wear. A PFD that
					 is stored in a protective covering or sealed in its original packaging is not
					 readily accessible.
Serviceable
-When a PFD is fully functional
					 to carry out the purpose for which it was designed and free of tears or defects
					 in the material over the flotation material and the buckles, straps, zippers
					 and other closures are operable.
Throwable PFD
-A PFD that is intended to be
					 thrown to a person in the water. A PFD marked as throwable, Type IV, or Type V
					 with Type IV performance is considered a throwable PFD. Unless specifically
					 marked otherwise, a wearable PFD is not a throwable PFD.
Wearable PFD
-A PFD that is intended to be
					 worn or otherwise attached to a person's body. A PFD marked as wearable, Type
					 I, Type II, Type III, or Type V with Type (I, II or III) performance is
					 considered a wearable PFD.
(b) A person may not use a boat unless at
				  least one wearable PFD is on board for each person and the PFD is used in
				  accordance with requirements of the approval label.
(c) A person may not use a boat 16 feet or
				  more in length unless one throwable PFD is on board in addition to the total
				  number of PFDs required in subsection (b). Canoes and kayaks 16 feet in length
				  and over are exempted from the requirements for carriage of the additional
				  throwable PFD.
(d) Required PFDs
				  shall be in good, serviceable condition, legibly marked showing the Coast Guard
				  approval number and displaying the PFD's intended or approved use. They shall
				  be of an appropriate size, child or adult, for the person for whom it is
				  intended.
(e) When not worn,
				  wearable PFDs shall be stowed so as to be readily accessible. Throwable PFDs
				  shall be immediately available.
(f)
				  This section does not apply to racing shells, rowing sculls and racing kayaks,
				  such as manually propelled boats recognized by National racing associations for
				  use in competitive racing, when the occupants row, scull or paddle with the
				  exception of the coxswain, if one is provided, and which are not designed to
				  carry and do not carry equipment not solely for competitive racing.
(g) Coast Guard approved PFDs shall be
				  acceptable as long as they are in good, serviceable condition with the approval
				  clearly legible.
(h) Children 12
				  years of age and younger shall wear an approved wearable PFD while underway on
				  any boat 20 feet or less in length and all canoes, kayaks and paddleboards. The
				  operator of the watercraft violates this subsection if he does not cause a
				  child 12 years of age or younger to wear a PFD as required by this
				  subsection.
(i) Beginning November
				  1 until midnight April 30 of the following year, a person shall wear a Coast
				  Guard approved wearable PFD while underway or at anchor on boats less than 16
				  feet in length or any canoe, kayak or paddleboard.
The provisions of this §
												97.1 amended under section 10 of
						the Sunshine Act (65 P. S. §
													280); section
						506 of The Administrative Code of 1929 (71 P. S. §
													186); and the Fish and Boat Code,
						30 Pa.C.S. §
													5123.
This section cited in 58 Pa. Code §
												105.1 (relating to conditions
						requiring immediate corrective action); 58 Pa. Code §
												109.2 (relating to paddleboards
						and sailboards); 58 Pa. Code §
												109.3 (relating to personal
						watercraft); 58 Pa. Code §
												109.4 (relating to waterskiing,
						aquaplaning, kiteskiing and similar activities); and 58 Pa. Code §
												115.11 (relating to personal
						flotation devices).