§ 33-13-106 — Equipment requirements

(1) No person shall operate a personal
watercraft unless each person aboard is wearing a personal flotation device of a
type approved by the United States Coast Guard that is in a good and serviceable
condition.

(2) A person operating a personal watercraft equipped by the original
manufacturer with an engine cutoff switch lanyard shall attach such lanyard to his
or her person, clothing, or personal flotation device, as appropriate for the specific
vessel.

(3) Every vessel, other than a personal watercraft, operated on the waters of
this state shall at all times have aboard:

(a) One personal flotation device of a type approved by the commandant of
the United States Coast Guard in good and serviceable condition and in a readily
accessible place of storage for each person on board; except that sailboard
operators may wear a wet suit, as defined by the commission, in lieu of carrying a
personal flotation device as required by this paragraph (a);

(b) When in operation during hours of darkness, a light sufficient to make the
vessel's presence and location known to any and all other vessels within a
reasonable distance;

(c) If not an entirely open vessel and if carrying or using any inflammable or
toxic fluid in any enclosure for any purpose, an efficient natural or mechanical
ventilation system which shall be capable of removing any resulting gases prior to
and during the time such vessel is occupied by any person.

(4) Every vessel operated on the waters of this state shall have such
additional equipment that is designed to promote navigational safety and that the
commission may find to be necessary or desirable for the safe operation of vessels
upon the waters of this state.

(4.5) No person shall operate a vessel that has entered the water unless
each child under the age of thirteen who is aboard such vessel is wearing a
personal flotation device, unless such child is below deck or in an enclosed cabin.
Such flotation device shall be of a type approved by the United States Coast Guard
and shall be in good and serviceable condition.

(5) Any person who violates this section commits a petty offense and, upon
conviction, shall be punished by a fine of one hundred dollars.

(6) The commission may exempt vessels from subsection (1), (2), (3), (4), or
(4.5) of this section under certain conditions or upon certain waters.

Legislative History

Source: L. 84: Entire article added, p. 901, � 2, effective January 1, 1985. L. 93: (1)(a) amended, p. 1837, � 4, effective July 1. L. 95: (2) amended, p. 972, � 17, effective July 1. L. 97: Entire section amended, p. 1604, � 2, effective June 4. L. 2003: (4.5) added and (5) and (6) amended, p. 1946, � 18, effective May 22. L. 2012: (3)(a), (4), and (6) amended, (HB 12-1317), ch. 248, p. 1226, � 58, effective June 4. L. 2019: (5) amended, (HB 19-1026), ch. 423, p. 3697, � 19, effective July 1. L. 2021: (5) amended, (SB 21-271), ch. 462, p. 3264, � 569, effective March 1, 2022.