Section 8-743 - Personal flotation devices. - Maryland Statutes

§ 8-743. Personal flotation devices.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Child" means an individual who is under the age of 13 years. 

(3) "Personal flotation device" means a Type I, II, III, or V U.S. Coast Guard approved personal flotation device that is: 

(i) The proper size for the child; and 

(ii) In good and serviceable condition. 

(4) (i) "Vessel" means: 

1. A vessel used for recreational purposes; or 

2. A vessel leased, rented, or chartered for noncommercial use. 

(ii) "Vessel" does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester's license number while engaged in the harvesting of seafood for sale. 

(b)  Requirement when child present.-  

(1) A person may not operate or permit the operation of a vessel under 21 feet in length while there is present in the vessel a child not wearing a personal flotation device which is securely and properly attached to the child. 

(2) If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to: 

(i) Hold the child securely within the personal flotation device, including a strap that is secured between the child's legs to fasten together the front and back of the personal flotation device; 

(ii) Maintain the buoyancy of the child, including an inflatable headrest or high collar; and 

(iii) Ensure the ready accessibility of the child from the vessel, including a web handle. 

(c)  Exceptions.- Subsection (b) does not apply to: 

(1) A vessel that is moored or anchored; or 

(2) A child who is below deck or in an enclosed cabin. 
 

[2001, ch. 429; 2004, ch. 25, § 1; ch. 458, §§ 1, 2; 2005, ch. 25, §§ 1, 2; 2010, ch. 35, § 2.]