Texas PFD requirements question

[bjennings79]

"(c) The operator of a class A or class 1 motorboat, while underway, shall require every passenger under 13 years of age to wear a life preserver of the sort prescribed by the regulations of the commandant of the Coast Guard. A life belt or ring buoy does not satisfy this requirement."

Taken from the Texas Water Safety Act


So my question is if the boat is stopped in the water, say for fishing, is it legal for the child to be out of the life jacket? I ask this because we take our 9 month old out with us and our trips are often cut short because she just can't take having the life jacket on anymore. If we were stopped on the water and wanted to take off the PFD and let her crawl around on the floor for a while, would this be legal? I'm not about to let my son remove his PFD for any reason because he is old enough to tolerate it, but there just isn't much you can do in the way of convincing a baby to keep the PFD on.

 

[Friscoboater]

Re: Texas PFD requirements question

I was always told it was for when you are underway. Now I have my kids wear one at all times when we are in deep water. There was a fishing boat hit a short time ago while anchored. you never know when an emergency will happen.

 

[dwco5051]

Re: Texas PFD requirements question

Your best bet is to check with the Department that regulates boating in Texas to see how they interpret underway.

I was always led to believe that underway means that a vessel is not at anchor, made fast to the shore, or aground. I have also seen definitions that at anchor only applies in designated anchorage areas.

I will not comment either way on the wisdom of leaving youg children on a boat at any time without PFD's. I am sure others on this list will give you advice both ways

 

[H20Rat]

Re: Texas PFD requirements question

at least in my area, 'underway' as far as life jackets means not at a permanent mooring. If you are anchored you absolutely need them on yet. I've got a feeling you probably won't get a straight answer, and if you do, it is still up to the discretion of the officer that stops you.

 

[bjennings79]

Re: Texas PFD requirements question

I think there is a retired game warden that goes to the same church as I do. I will see if I can get a straight answer out of him.

This is regulated by the Texas Parks and Wildlife department, but I haven't come across any clear definition of it on their site. I do have a "Handbook of Texas Boating Laws and Responsibilities," which is sponsored by TPWD and it uses the additional language of "not at anchor, moored, or aground."

 

[2ndtry]

Re: Texas PFD requirements question

In NC, they are not required if the motor is off and the anchor down. My youngest is 12 and a competitive swimmer, so I allow her to swim without it under these conditions. Its on at all other times.

 

[RobbyA]

Re: Texas PFD requirements question

Underway means not at anchor, made fast to the shore, or aground.

Taken directly from the TPWD website:
http://www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_br_l2000_0001.pdf

 

[bjennings79]

Re: Texas PFD requirements question

Thanks RobbyA I don't know how I missed that on their site. I think I even looked at that document earlier and just didn't see it.

Guess I should keep a copy of that doc on my boat just in case I need some backup.

 

[sltintexas]

Re: Texas PFD requirements question

I wonder what "made fast to shore" means.

 

[bjennings79]

Re: Texas PFD requirements question

Yeah I wondered that myself. I assume it means to be tied off with a rope to something on land, perhaps a dock.

 

[lncoop]

Re: Texas PFD requirements question

Boatsafe defines underway as vessel in motion, i.e., when not moored, at anchor, or aground. So, if you want to adhere to the letter of the law they have to be in jackets any time you're not anchored, moored or beached. However, the spirit of the law is clearly that life jackets are required if the boat is being driven. It's up to you to determine whether to follow the letter or the spirit. I choose the spirit because I believe that is the most logical approach. I may encounter an officer some day who disagrees with me, but I doubt it. Most of the guys on the water down here are pretty cool. They just want to know everyone's doing their best to be safe. FWIW, the law here is under 13 must be jacketed if the boat is underway. They can ditch the vests when stopped only if the deck is enclosed; e.g. party barge, deck boat, etc.

 

[2ndtry]

Re: Texas PFD requirements question

I choose the spirit because I believe that is the most logical approach

The NC wildlife officers in my neck of the woods do not agree. Just put the anchor out and you're fine.