Life Jacket Laws
MyNyM
life jacket. I'm not sure if there is actually a law. It all depends on
if you consider a surfboard a "vessel," I suppose. And I wonder if all
surfers would then have to wear one.
Anyone know what the law in Virginia is? I'll wear one now, I'm just
curious.
http://mynym.blogspot.com/2005/08/what-i-should-be-doing.html
Glenn Woodell
does not. Check http://www.windvisions.com/USCGdefinition.html for the
CG definition of a sailboard.
Where did this happen? What jurisdition? Were you on a lake?
I sail in the lower Chesapeake Bay area and Hatteras and there are no
PFD regulations for sailboarders down here, at least not for public
waters.
Glenn
MyNyM
PFD regulations for sailboarders down here, at least not for public
waters."
Figures, that's mostly where I sail too. You should stop by sometime.
Well, I'll wear one anyway because it's no big deal. I should have
asked here before. I meant to ask because I figured people here would
know but kept forgetting.
This was the district court:
http://www.courts.state.va.us/courts/gd/Accomack/home.html
I wonder if they refund fines? ;-)
Oh well, live and learn...they could've just given a warning since they
probably didn't know what they were doing anyway.
Thanks anyway, later.
Dan Weiss
state-by-state comparison of PFD laws covering almost all the United
States. I believe Virginia generally follows the path of other states
by defaulting to the USCG PFD regulations and, therefore, does NOT
require PFDs on a windsurfer UNLESS the windsurfer is under 13 years of
age.
The PFD regulations are created under legislative authority only "to
the extent necessary to keep these requirements generally in conformity
with the provisions of the federal navigation laws, or with the rules
promulgated by the United States Coast Guard . . ."
Several statutory definitions in relevant areas of the Code of Virginia
support my view:
**"Vessel" means every description of watercraft, other than a seaplane
on the water, used or capable of being used as a means of
transportation on water.
**"Watercraft" means any vessel, other than a seaplane, on the water,
propelled by machinery whether or not the machinery is the principal
source of propulsion or any sail-powered vessel longer than eighteen
feet measured along the centerline. Watercraft which have a valid
marine document issued by the United States Coast Guard shall not be
included in this definition.
Generally, windsurfers are UNDER 18 ft, thus falling outside the
umbrella of both "watercraft" and, by inference, "vessel" as it means
any type of watercraft. Moreover, exceptions to the requirement of at
least one (1) USCG approved Type IV throwable (ring buoy or seat
cushion), per boat, suggests that windsurfers fall also outside the
Type IV requirement (exempting personal watercraft, canoes, kayaks,
inflatable rafts and vessels less than 16'in length registered in
another state temporarily using Virginia waters). This view is
consistent with the USGC's classification of sailboards as "water-toys"
and its express exemption of sailboards from PFD requirements.
Does your ticket cite the code/regulation/statute you allegedly
violated?
-Dan
Dan Weiss
Sailquik (Roger Jackson)
Are you sure it was the VA Marine Patrol that gave you the ticket, and not
the Maryland DNR Police.
I got a ticket once at Pt. Lookout (on the Potomac side mind you) and went
to court and the ticket was thrown out by a sailboat racer Judge in
Leonardtown, MD..
I pleaded that the outdated poorly written Maryland PFD law, as it applies
to windsurfers, put the State Government at risk and insured that if you
fall off a windsurfer in Mayland waters you will drown warm, and with your
butt floating.
The Maryland law (unless it's changed) suggested that you needed a PFD
(good protection actually) a wetsuit (will keep you warm, but won't prevent
drowning) or a harness (might float your butt, but won't help at all to
keep you from drowning as there is hardly enough buoyancy to float the
harness hook.
Hope this helps,
MyNyM
as "water-toys"
and its express exemption of sailboards from PFD requirements.
Does your ticket cite the code/regulation/statute you allegedly
violated?"
As I recall it was just handwritten in a little box as "Failure to have
PFD." I'd have to find it. Now that it is cool out it doesn't matter,
although the fine was a bit much.
"Are you sure it was the VA Marine Patrol..."
It was the marine police. One of the guys is a neighbor who puts his
police boat in at the boat ramp there but the other seemed to be his
boss, the more anal one that wrote the ticket. If I had known what to
argue I would have probably just had a warning. Too bad.
It would have to be a hot summer day before I would risk not wearing
one. It is actually convenient and adds cushing between my harness
anyway. Fortunatellly I'm skinny and my waist harness still fits over
the PFD. If I can get the text of the law, maybe I could show it to
the neighbor sometime.
Thanks for the info. Next they'll have us registering surf
boards....hmmm, I can live with the term "water-toy" as long as it
means less hassle.
dansawyeror
Dan
Sailquik (Roger Jackson)
Where were you when you received the citation for no PFD?
If it was in Federally controlled waters (i.e. Chesapeake Bay or Potomac
River (both patrolled by the US Coast Guard and local states on either
side)
then it appears from what I can glean about Virginia Boating Safety
Equipment
Requirements that the Coast Guard regulations may supercede locl
regulations if
you were in Federal controlled waters.
If you were on a lake, patrolled only by VA Marine Police or Virginia Dept.
of Game and Inland Fisheries then you fall completely under VA Boating
Safety Law.
There does not seem to be any reference to "Windsurfers" (other than
windsurfing specific PFD's) in the little bit of info on the VDGIF
websites.
If you were in the Chesapeake or Potomac, I'd fight the ticket on the
grounds that the US Coast Guard regulations define a Windsufer or sailboard
as a water toy and
water toys do not require PFD's.
Hope this helps,
Jon
"The short answer is a sailboard is a vessel.
A sailboard is not a surfboard or sports equipment.
You are subject to the Navigation Rules (Rules of the road) as are other vessels.
You are not subject to the Coast Guard PFD regulations, but
may be subject to PFD requirements imposed by States or other agencies."
Dan Weiss
unintentionally misleading. That quotation brings windsurfers under
the general umbrella of USCG jurisdiciton, but the question is whether
windsurfers in GA must wear USCG approved PFDs, not whether a sailboard
remains subject to the maritime Rules of the Road.
Confusion exists when states, like GA, fail to explicitly address
sailboards as they do other types of boats/vessels such as canoes,
kyaks etc. For example, if you look at the entire list of required
equipment for boats under 16 feet according to the GA Dept. Natural
Resources, you will see: boater certification card; certificate of boat
registration (onboard); registration decal displayed; Type B-1 fire
extinguisher onboard; nighttime visual distress system; a Type-IV pfd
(throw ring) and navigation lights. Many elements of this list are
entirely inapplicable to windsurfers and I'd be very suprised if any GA
court would enforce a ticket citing a missing fire extinguisher!
Again, most states attempt to customize their boating laws, but not
without general compliance with the structure of the USCG regulations.
-Dan
sail...@mindspring.com
Can you send me an email please?
I've emailed to the Virginia Dept. of Game and Inland Fisheries (DGIF)
and received a reply suggesting that if you were in Virginia waters,
your windsurfing board is considered a water toy, just as it is by the
USCG.
Therefore the DGIF officers may not have correctly interpreted the VA
Boating Safety Regulations as they apply to a windsurfer.
I guess you already paid the ticket, so maybe it's not going to matter,
but I think enough of us sail in VA waters (both Federally patrolled
and DGIF patrolled) that it would be good to make this "distinction"
about windsurfers and boating safety regulations as widely known and
understood as possible.
Roger