La. Admin. Code tit. 76 § XI-103

Current through Register Vol. 50, No. 8, August 20, 2024

Section XI-103 - Flotation Devices

A. In accordance with R.S. 34:851.24(F)1, the provisions of this Act shall apply on all waters within the jurisdiction of this state.

B. Definitions

Hand Tiller Outboard Motor-an outboard motor that has a tiller or steering arm attached to the outboard motor to facilitate steering and does not have any mechanical assist device which is rigidly attached to the boat and used in steering the vessel, including but not limited to mechanical, hydraulic, or electronic control systems. Hand tiller outboard motor shall not mean any type of electronic trolling motor.

Operate-to navigate or otherwise control the movement of a vessel, including controlling the vessel's propulsion system.

Operator-any person who navigates or is otherwise in control or in charge of the movement of a vessel, including the vessel's propulsion system.

Owner-a person, other than the lienholder, having the property in or registration to the vessel.

Personal Flotation Device or PFD-a device approved by the United States Coast Guard under 46 CFR Part 160, which is labeled with such approval and with the appropriate size for the person intended and which is in serviceable condition.

Readily Accessible-easily located and retrieved without searching, delay, hindrance or being in a locked area.

Serviceable Condition-a condition as defined by the United States Coast Guard under 33 CFR Part 175.23.

Trick Water-Skier-a trick water-skier is a person whose equipment and activities have all of the following characteristics:

a. type of skis: for standard double trick skis, a length of no more than 46 inches and width of at least 8 inches, with no keels on the bottom; for single trick boards, a length of no more than 56 inches and width of at least 22 inches, with no keel on bottom; and

b. tow rope no longer than 50 feet.

Vessel-watercraft and airboats of every description, other than seaplane(s), located on the water and, used or capable of being used as a means of transportation on the water.

Watersports-activities that involve being towed by, or riding in the wake of, a vessel and include but are not limited to water skiing, wake boarding, wake surfing, and tubing.

C. Personal Flotation Device Requirements

1. Every operator of a vessel shall ensure that the vessel is carrying at least one readily accessible Type I, II, or III wearable personal flotation device for each person on board. In addition, vessels 16 feet or over in length shall carry at least one Type IV throwable personal flotation device.

2. A United States Coast Guard approved Type V PFD may be used in lieu of a Type I, II, or III PFD required by this Part provided:

a. the approval label on the Type V PFD indicates that the device is approved by the United States Coast Guard:

i. for the activity for which the vessel is being used; or

ii. as a substitute for a PFD of the type required by this Act on the vessel in use; and

b. the PFD is used in accordance with any requirements of its approval label; and

c. the PFD is used in accordance with requirements in its owner's manual, if its approval label makes reference to such manual.

3. All persons onboard a Class A motorboat which is being propelled by a hand tiller outboard motor shall be required to wear a USCG approved Type I, II, III, or V personal flotation device while the motorboat is underway.

a. The operator shall be responsible to ensure all persons on board are in compliance with this Section. Violation of this Section is a Class 1 violation as defined in R.S. 56:31.

4. Persons engaged in watersports shall wear a Type I, II, III or V PFD. No vessel operator shall tow a watersports participant who is not wearing such a device. No person shall use an inflatable PFD to meet the requirements of this Section. Exceptions to the requirements of this Subsection are allowed during Department of Wildlife and Fisheries and/or United States Coast Guard permitted marine events under the following conditions:

a. a skier engaged in barefoot water-skiing who wears a barefoot wetsuit designed specifically for such activity;

b. a skier engaged in trick water-skiing whose movements would be restricted or impeded by the bulk of a PFD;

c. the operator of a vessel towing a trick water-skier or barefoot water-skier shall make a PFD readily available aboard the tow vessel for each such skier who elects not to wear such a device while skiing.

La. Admin. Code tit. 76, § XI-103

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 11:705 (July 1985), amended LR 26:1493 (July 2000), LR 33:538 (March 2007), LR 34:885 (May 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:851.24.