Bill Text: CA SB427 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vessels: equipment requirements: personal flotation devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 256, Statutes of 2013. [SB427 Detail]
Download: California-2013-SB427-Amended.html
Bill Title: Vessels: equipment requirements: personal flotation devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 256, Statutes of 2013. [SB427 Detail]
Download: California-2013-SB427-Amended.html
BILL NUMBER: SB 427 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Monning
FEBRUARY 21, 2013
An act to amend Sections 651 and 658.3 of the Harbors and
Navigation Code, relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, as amended, Monning. Vessels: equipment requirements:
personal flotation devices.
(1) Existing law governs vessels and associated equipment used,
to be used, or carried in vessels used on waters subject to the
jurisdiction of this state, except as provided. For these purposes,
existing law defines vessel to mean every description of watercraft
used or capable of being used as a means of transportation on water,
except as specified.
This bill would define vessel to mean every description of a
watercraft or other artificial contrivance that is
used or capable of being used as a means of transportation on water
or is designed to be or is propelled on water by sail,
mechanical means, power, oars or paddles , except as
specified.
(2) Existing law requires a person under 13 years of age to wear a
United States Coast Guard-approved personal flotation device when
aboard a motorboat, sailboat, or vessel that is underway, except as
provided. Existing law requires a person on board a personal
watercraft or a person being towed behind a vessel on water skis, an
aquaplane, or similar device to wear a specific type of
United States Coast Guard-approved personal flotation device, except
as provided. Existing law makes a violation of these requirements an
infraction.
This bill would revise and recast these requirements by
changing the type of delete the requirements that the
United States Coast Guard-approved personal flotation device
that a person is required to wear and the circumstances
under which a person is required to wear a personal flotation device
be of a specific type and would require that it be
used in accordance with approved labels and manufacturer's
instructions . Because existing law makes a violation of these
requirements an infraction, the bill would impose a state-mandated
local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 651 of the Harbors and Navigation Code is
amended to read:
651. As used in this chapter, unless the context clearly requires
a different meaning:
(a) "Alcohol" means any form or derivative of ethyl alcohol
(ethanol).
(b) "Alcohol concentration" means either grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
(c) "Associated equipment" means any of the following, excluding
radio equipment:
(1) Any system, part, or component of a boat as originally
manufactured or any similar part or component manufactured or sold
for replacement, repair, or improvement of the system, part, or
component.
(2) Any accessory or equipment for, or appurtenance to, a boat.
(3) Any marine safety article, accessory, or equipment intended
for use by a person on board a boat.
(d) "Boat" means any vessel that is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter's
noncommercial use.
(3) Engaged in the carrying of six or fewer passengers, including
those for-hire vessels carrying more than three passengers while
using inland waters of the state that are not declared navigable by
the United States Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section
9850 of the Vehicle Code.
(e) "Chemical test" means a test that analyzes an individual's
breath, blood, or urine , for evidence of drug or
alcohol use.
(f) "Controlled substance" means controlled substance as defined
in Section 11007 of the Health and Safety Code.
(g) "Department" means the Department of Boating and Waterways.
(h) "Director" means the Director of Boating and Waterways.
(i) "Drug" means any substance or combination of substances other
than alcohol that could so affect the nervous system, brain, or
muscles of a person as to impair to an appreciable degree his or her
ability to operate a vessel in the manner that an ordinarily prudent
person, in full possession of his or her faculties, using reasonable
care, would operate a similar vessel under like conditions.
(j) "Intoxicant" means any form of alcohol, drug, or combination
thereof.
(k) "Legal owner" is a person holding the legal title to a vessel
under a conditional sale contract, the mortgagee of a vessel, or the
renter or lessor of a vessel to the state, or to any county, city,
district, or political subdivision of the state, under a lease,
lease-sale, or rental-purchase agreement that grants possession of
the vessel to the lessee for a period of 30 consecutive days or more.
( l ) "Manufacturer" means any person engaged in any of
the following:
(1) The manufacture, construction, or assembly of boats or
associated equipment.
(2) The manufacture or construction of components for boats and
associated equipment to be sold for subsequent assembly.
(3) The importation into this state for sale of boats, associated
equipment, or components thereof.
(m) "Marine employer" means the owner, managing operator,
charterer, agent, master, or person in charge of a vessel other than
a recreational vessel.
(n) "Motorboat" means any vessel propelled by machinery, whether
or not the machinery is the principal source of propulsion, but shall
not include a vessel that has a valid marine document issued by the
United States Coast Guard or any federal agency successor thereto.
(o) "Operator" means the person on board who is steering the
vessel while underway.
(p) "Owner" is a person having all the incidents of ownership,
including the legal title, of a vessel whether or not that person
lends, rents, or pledges the vessel; the person entitled to the
possession of a vessel as the purchaser under a conditional sale
contract; or the mortgagor of a vessel. "Owner" does not include a
person holding legal title to a vessel under a conditional sale
contract, the mortgagee of a vessel, or the renter or lessor of a
vessel to the state or to any county, city, district, or political
subdivision of the state under a lease, lease-sale, or
rental-purchase agreement that grants possession of the vessel to the
lessee for a period of 30 consecutive days or more.
(q) "Passenger" means every person carried on board a vessel other
than any of the following:
(1) The owner or his or her representative.
(2) The operator.
(3) Bona fide members of the crew engaged in the business of the
vessel who have contributed no consideration for their carriage and
who are paid for their services.
(4) Any guest on board a vessel that is being used exclusively for
pleasure purposes who has not contributed any consideration,
directly or indirectly, for his or her carriage.
(r) "Person" means an individual, partnership, firm, corporation,
limited liability company, association, or other entity, but does not
include the United States, the state, or a municipality or
subdivision thereof.
(s) "Personal watercraft" means a vessel 13 feet in length or
less, propelled by machinery, that is designed to be operated by a
person sitting, standing, or kneeling on the vessel, rather than in
the conventional manner of sitting or standing inside the vessel.
(t) "Recreational vessel" means a vessel that is being used only
for pleasure.
(u) "Registered owner" is the person registered by the Department
of Motor Vehicles as the owner of the vessel.
(v) "Special-use area" means all or a portion of a waterway that
is set aside for specified uses or activities to the exclusion of
other incompatible uses or activities.
(w) "State" means a state of the United States, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
District of Columbia.
(x) "State of principal use" means the state on which waters a
vessel is used or intended to be used most during a calendar year.
(y) "Undocumented vessel" means any vessel that is not required to
have, and does not have, a valid marine document issued by the
United States Coast Guard or any federal agency successor thereto.
(z) "Use" means operate, navigate, or employ.
(aa) "Vessel" includes every description of a watercraft or other
artificial contrivance that is used or capable of
being used as a means of transportation on water or is
designed to be propelled on water by sail, mechanical means, power,
oars, or paddles. "Vessel" does not include ,
except either of the following:
(1) A seaplane on the water.
(2) A watercraft specifically designed to operate on a permanently
fixed course, the movement of which is restricted to a fixed track
or arm to which the watercraft is attached or by which the watercraft
is controlled.
(bb)
(ab) "Water skis, an aquaplane, or a similar device"
includes all forms of water skiing, barefoot skiing, skiing on skim
boards, knee boards, or other contrivances, parasailing, ski kiting,
or any activity where a person is towed behind or alongside a boat.
(cc)
(ac) "Waters of this state" means any waters within the
territorial limits of this state.
SEC. 2. Section 658.3 of the Harbors and Navigation Code is
amended to read:
658.3. (a) A person shall not operate a motorboat, sailboat, or
vessel that is 26 feet or less in length, or a vessel that
is more than 26 feet in length and has an open cockpit,
unless every person on board who is under 13 years of age is wearing
a United States Coast Guard-approved wearable
personal flotation device in serviceable condition and of a
type and size appropriate for the conditions and the activity being
engaged in used in accordance with approved labels and
manufacturer's instructions while that motorboat, sailboat, or
vessel is underway , moored, or at anchor .
(b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained
by a harness tethered to the vessel, or to a person operating a
vessel on which a person who is under 13 years of age is in an
enclosed cabin.
(c) A person on board a personal watercraft or a person being
towed behind a vessel on water skis, an aquaplane, or similar device,
except for an underwater maneuvering device intended for use by a
submerged swimmer, shall wear a United States Coast
Guard-approved wearable personal flotation device
in serviceable condition and of a type and size appropriate for the
conditions and the activity being engaged in used in
accordance with approved labels and manufacturer's instructions
. An underwater maneuvering device is a towed or self-powered
apparatus that a person can pilot through diving, turning, and
surfacing maneuvers that is designed for underwater use.
(1) This subdivision does not apply to a person aboard a personal
watercraft or a person being towed behind a vessel on water skis, if
that person is a performer engaged in a professional exhibition, or
preparing to participate or participating with authorization pursuant
to a United States Coast Guard permit or other permit granted
pursuant to subdivision (a) of Section 268 in an official regatta,
marine parade, tournament, or exhibition.
(2) In lieu of wearing a United States Coast
Guard-approved wearable personal flotation device as
described in this subdivision, a person engaged in slalom skiing on a
marked course or a person engaged in barefoot, jump, or trick
waterskiing may elect to wear a wetsuit designed for the activity and
labeled by the manufacturer as a water ski wetsuit. A United
States Coast Guard-approved personal flotation device as
described in this subdivision shall be carried in the tow vessel for
each skier electing to wear a water ski wetsuit pursuant to this
paragraph.
(d) The requirements set forth in subdivisions (a) and (c) do not
apply to a person 13 years of age or older operating a motorboat,
sailboat, or vessel if the vessel is engaged in an emergency rescue
situation.
(e) The following definitions govern the construction of this
section:
(1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
(2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
(3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
(f) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
