Ala. Admin. Code r. 220-6-.11

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-6-.11 - Personal Flotation Devices Required

(1) Every vessel operated on the waters of this state is required to have on board at least one U. S. Coast Guard approved personal flotation device (PFD) for each occupant aboard the vessel as specified below:

Class I less than 4.9 meters (16 feet): a Type I, II, or III.

Class II 4.9 meters (16 feet) but less than 8 meters (26 feet): a Type I, II, or III.

Class III 8 meters (26 feet) but less than 12.2 meters (40 feet): a Type I, II, or III.

Class IV 12.2 meters (40 feet) and over: a Type I, II, or III.

(a) A type V (hybrid) PFD may be carried in lieu of any PFD required in 220-6-.11, paragraph (1) if that Type V PFD is U.S. Coast Guard approved for the activity in which the recreational boat is being used, and if it is worn while underway in open boats and when not within an enclosed space on larger boats. The Type V (hybrid) PFD must be U.S. Coast Guard approved and labeled for use on recreational boats.

(b) In addition to the above requirements for personal flotation devices, all recreational boats 4.9 meters (16 feet) and over in length operated on the waters of this state shall carry at least one Type IV PFD (cushion or ring buoy) as a throwable device.

(c) All required PFD's must be placed or stored on the vessel in such manner as to be readily available for use in case of emergency.

(d) PFD's that are torn, rotted, or damaged lose their U.S. Coast Guard approval.

(e) All PFD's shall be proper size for occupants on board.

(f) The Department of Conservation and Natural Resources, through its enforcement officers, shall have the right to inspect any required safety equipment aboard any vessel operated on the waters of this state or any safety equipment offered for rent.

(g) Any safety equipment found to be in an unserviceable condition may be stamped or marked as unserviceable equipment and its use prohibited.

(h) Nothing in this regulation shall be interpreted so as to mean that stamping or marking shall be a prerequisite for prosecuting a person who violates any provision of this regulation.

(2) Rule 220-6-.11, as previously promulgated, is hereby expressly repealed in its entirety.

Author: James D. Martin

Ala. Admin. Code r. 220-6-.11

Filed May 9, 1991. Repealed and Replaced: Filed June 27, 1995; effective August 2, 1995.

Statutory Authority:Code of Ala. 1975, § 33-5-62; §15 of Act No. 94-652 (Regular Session, 1994).

PENALTY: As provided by §15 of Act No. 94-652 (Regular Session, 1994) and § 33-5-62, Code of Ala. 1975.