Forum: WHALER
  ContinuousWave
  Whaler
  Moderated Discussion Areas
  ContinuousWave: The Whaler GAM or General Area
  Enforcement by DNR in Maryland of Rules as Cited In Bass Pro Shop

Post New Topic  Post Reply
search | FAQ | profile | register | author help

Author Topic:   Enforcement by DNR in Maryland of Rules as Cited In Bass Pro Shop
nats posted 01-16-2011 08:29 PM ET (US)   Profile for nats   Send Email to nats  
I was in Bass Pro [S]hop today looking in the marine section, checking out the inflatable life vest, [and] the sales person told me that in Maryland you must be wearing the vest at all times when operating your vessel. He said if the DNR pulls you over and gives you a saftey check, and you have inflatables, say under your console, [the DNR in Maryland] will ticket you. Has anyone who uses or keeps inflatbles on board ever hear this?
bluewaterpirate posted 01-16-2011 08:37 PM ET (US)     Profile for bluewaterpirate  Send Email to bluewaterpirate     
Same [rules apply] in [North Carolina]. I use [inflatable PDFs] exclusively when running offshore but also carry five regular [PFDs] to cover myself.

Tom

Tom W Clark posted 01-16-2011 08:41 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
That's not just a Maryland rule, it is federal law. The Coast Guard requires inflatables to be worn to qualify as a personal flotation device aboard your vessel.

Additionally, they cannot be worn by children under the age of 16 and qualify.

nats posted 01-16-2011 08:42 PM ET (US)     Profile for nats  Send Email to nats     
So I guess buying them for saving space under the console is out of the question.
Tom W Clark posted 01-16-2011 08:47 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Wear the PFDs you already own and save space.
PeteB88 posted 01-16-2011 10:51 PM ET (US)     Profile for PeteB88  Send Email to PeteB88     
Wear PFDs
AZdave posted 01-16-2011 11:23 PM ET (US)     Profile for AZdave  Send Email to AZdave     
I agree with all of the above, but still think the inflatables are worthwhile because they are more comfortable in warm weather, better accepted by female boaters, and give you more room to maneuver while moving around in small boats. If I were going offshore in marginal conditions I would rather have a conventional PFD because there would be no nagging doubts about inflation.
Dave Sutton posted 01-17-2011 08:21 AM ET (US)     Profile for Dave Sutton  Send Email to Dave Sutton     
"If I were going offshore in marginal conditions I would rather have a conventional PFD because there would be no nagging doubts about inflation"


As long as you can get to them in time....

I carry 4 inflatables and 4 conventional PFD's on the Montauk. Inflatables are worn at all times by all hands when water temperatures are below 60, save for when we are wearing wetsuits (which do the same thing). The conventional PFD's are just there all the time "just because", and to meet inspection regulations for when we are not wearing the inflatables.

Inflatables come in several flavors, I'd highly suggest the offshore sailing style, with the built in lift-harness. Try getting an unconcious person back into a boat sometime without a harness.

Real-Life example: We were anchored on a wreck in NJ, diving. Another pair of boats were bottom fishing. Not sure how, but the (sole) occupant of one of the other two boats went overboard into the drink. We heard yelling and the other fishing boat went immediately to assist. Since we had divers in decompression on our anchor line, we were less than enthusiastic about cutting off and immediately assisting. The other boat, a 20-ish foot class center console, had the casualty close aboard, but COULD NOT get the guy out of the water. Thru the binocs, =we could see that this was getting desperate, and as the divers all were coming aboard by this point, we went to assist. In order to get the guy out of the water, we needed to put a diver INTO the water to tie a ling around him, and then boarded him by dragging him up over the gunwale, because *he could not climb the ladder because he was past self-assistance*. And remember that we have a dive-ladder that guys with double 120's climb regularly, one that extends 6 feet underwater, made from 2 inch diameter stainless steel pipe.

Bottom line... floating om the surface is one thing. Getting back aboard is another. Wear a top quality offshore inflatable with a harness and you'll never worry about it inflating, and will be able to be dragged up over the rail if needed. The poor guy cited above had a boat right next to him, yet he nearly died *in the water* of hypothermia because they simply could not geet him back aboard again. if we had not been there, he would have been dead.


One thing that I've pointed oput to a few friends who own Montauks: I've seen PFD's locked in center consoles, with the kek to unlock the console on the same keyring as the ignition key. They do this to keep the console dorrs from flopping open in chop (which they do). If you don't wear the PFD's, and ever needed them, you would need to shut down the boat to get to the PFD's, which is not a good plan. PFD's need to be accessable *right now* while the boat is still being run/ Shut these boats down and they will drift beam to the seas, where they are very vulnerable to being boarded by a wave and capsized.

PFD advice: Buy the best ones available. Wear them.

Dave

.

fishgutz posted 01-17-2011 09:31 AM ET (US)     Profile for fishgutz  Send Email to fishgutz     
[Added anecdotal account of person in the water. Thanks for the anecdotal report of a person in the water, but we are discussing regulations--jimh.]
wezie posted 01-17-2011 10:13 AM ET (US)     Profile for wezie  Send Email to wezie     
Inflatables must be worn in order to count as those required on board. If you need it to count, wear it.
PFDs must be accessible, not locked, not in bilge or locker below, not in plastic wrap, + probably some more "nots".
Good condition.
I carry enough regular jackets + any inflatables.
My inflatable lives in my sailing bag.

When was the last time we tested/serviced out inflatables??

Some officers will require every person to put one on in order to verify requirements.

Don't forget the throwable!!!

meridian posted 01-17-2011 01:55 PM ET (US)     Profile for meridian  Send Email to meridian     
Tom,
This off the Coast Guard website. I would be interested in the requirement that it must be worn to qualify. Maybe a state law? I agree that to be effective they should be worn.
--------------------
Inflatable Lifejackets
• Inflatable lifejackets may be more comfortable to wear.
• The best lifejacket is the one you will wear.
• Inflatable lifejackets require the user to pay careful attention to the condition of the device.
• Inflatable lifejackets must have a full cylinder and all status indicators on the inflator must be green, or the device is NOT serviceable, and does NOT satisfy the requirement to carry lifejackets.
• Coast Guard Approved Inflatable lifejacket's are authorized for use on recreational boats by person at least 16 years of age.
• Though not required, a lifejacket should be worn at all times when the vessel is underway. A wearable lifejacket can save your life, but only if you wear it.
-----------------------
vin1722or posted 01-17-2011 04:03 PM ET (US)     Profile for vin1722or  Send Email to vin1722or     
New Jersey requires an inflatable vest to be worn at all times while on the water or you get a ticket or warning(depending on the officer)if you have them stored.Not sure if it is a state or federal law.
contender posted 01-17-2011 04:24 PM ET (US)     Profile for contender  Send Email to contender     
A bunch of you are stating that it is a state law to wear your life preserver, correct? Up to what size boat is this a requirement? Are there different rules for different size boats? I agree with wearing your life preserver, I think it does save lives, However, I really think this should be up to the boater, its his/her life. This is just another government telling you how to run/live your life. I Also would like to see how many of you would be wearing your Life preserver in South Fla during the summer, you would faint due to heat exhaustion, fall overboard, hit your head in the process, start bleeding, and bring the sharks around, get eaten, (Indianapolis) but the vest would keep you afloat.... To each his own...
dfmcintyre posted 01-17-2011 04:25 PM ET (US)     Profile for dfmcintyre  Send Email to dfmcintyre     
Fishgutz -

That exact same scenario has also played in the Great Lakes. Sometimes further evidence is found, like on a sailboat the VHF antenna mast was found broken when mounted at the stern of a sailboat during a single handed race.

lizard posted 01-17-2011 07:12 PM ET (US)     Profile for lizard  Send Email to lizard     
I have numerous inflatable life vests. I agree with Dave Sutton, the harnessed ones are the best, but a bit heavier.

Every inflatable vest I have ever bought came with the notation that the vest must be worn at all times underway, to be considered a countable vest (bad grammar but you get the point).

Just like seat belts are not an option, I think PFD's should be regulated in the same way. You have no idea, the cost to society, for people who don't wear seat belts, motorcycle helmets, PFDs, and sustain major life changing injuries but live. This is not to mention the personal tragedy each avoidable accident carried with it.

meridian posted 01-17-2011 08:24 PM ET (US)     Profile for meridian  Send Email to meridian     
Where do you draw the line? What's next? Chest high rails? How about personal responsibility?
jimh posted 01-17-2011 08:31 PM ET (US)     Profile for jimh  Send Email to jimh     
I have never heard of the rule in Maryland that was cited to you in the Bass Pro Shop.
jimh posted 01-17-2011 08:33 PM ET (US)     Profile for jimh  Send Email to jimh     
If there is a federal rule regarding inflatable personal floatation devices and how they are counted, could we please have a cite of the rule. A hyperlink to a government website that publishes the rule would be great. I have never heard of this rule.
ConB posted 01-17-2011 08:50 PM ET (US)     Profile for ConB  Send Email to ConB     
Here is a link to a West Adviser article.

Inflatables are class V, I think. You do not have to ware it if you have plenty of the old fashion PFDs.

http://www.westmarine.com/webapp/wcs/stores/servlet/ WestAdvisorView?langId=-1&storeId=11151&catalogId=10001& page=Personal-Flotation-Devices

Con

Dave Sutton posted 01-17-2011 09:35 PM ET (US)     Profile for Dave Sutton  Send Email to Dave Sutton     
Here's the Coast Guard page:

http://www.uscg.mil/hq/cg5/cg5214/pfdselection.asp

The USCG recognizes inflatable PFD's in each category. The basic cheapies sold at the mass market places are likely all Class III.

A SOLAS / USCG Class I PFD will have two inflatable chambers, and can be stowed for use just like any other PFD.


Note that state requirements may vary, often not to the benefit of any real safety concern.


Dave

.

jimh posted 01-17-2011 09:43 PM ET (US)     Profile for jimh  Send Email to jimh     
It looks to me like the applicable federal regulations are in

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr; sid=6cdbd9cd2d32a570459c25c78fb5e5b6;rgn=div8;view=text;node=33%3A2.0.1. 8.41.2.209.4;idno=33;cc=ecfr \

An inflatable PDF is [typically] classified as a "TYPE V" PDF. The regulations say:

quote:

33 CFR

§ 175.17 Exemptions.

(a) A Type V PFD may be carried in lieu of any PFD required under §175.15, provided:

(1) The approval label on the Type V PFD indicates that the device is approved:

(i) For the activity in which the vessel is being used; or

(ii) As a substitute for a PFD of the Type required on the vessel in use;

(2) The PFD is used in accordance with any requirements on the approval label; and

(3) The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.


I don't see anywhere that explicitly says you have to be wearing the Type V device. I suppose you might be able to infer that from the requirement that the Type V device "...is used in accordance with any requirements on the label...." The label may require it to be worn to be used.

Any other citation available?

jimh posted 01-17-2011 09:48 PM ET (US)     Profile for jimh  Send Email to jimh     
The definition of a personal floatation device:

"“Personal flotation device” means a device that is approved by the Commandant under 46 CFR Part 160."

Cf.: 33 CFR 175.13

jimh posted 01-17-2011 10:07 PM ET (US)     Profile for jimh  Send Email to jimh     
More federal regulations:

quote:

TITLE 46 - SHIPPING

CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER Q - EQUIPMENT, CONSTRUCTION, AND MATERIALS: SPECIFICATIONS AND APPROVAL

PART 160 - LIFESAVING EQUIPMENT

160.076 - 5 - Definitions.

(exerpt)

PFD means personal flotation device as defined in 33 CFR 175.13.

PFD Approval Type means the Type designation assigned by the Commandant, as documented in the approval certificate for the PFD, based primarily on the in-water performance and serviceability of the PFD.

(end excerpt)


Cf.: http://cfr.vlex.com/vid/160-5-definitions-19858640

This seems like a circular reference!

jimh posted 01-17-2011 10:18 PM ET (US)     Profile for jimh  Send Email to jimh     
At first glance it looks to me like it is the manufacturers who have stipulated that the inflatable PFD has to be worn. The federal regulations just refer to the requirements on the manufacturer's label.

Perhaps the makers of inflatable PFDs are covering themselves by insisting that in order for the device to be considered as a life saving device you must wear it. Perhaps they intend to limit their liability in cases where it was not worn and could not be put on properly once inflated.

lizard posted 01-17-2011 10:32 PM ET (US)     Profile for lizard  Send Email to lizard     
Jim- The tags on mine were not manufacturer tags, they had Coast Guard documentation on them, and in fact, have come with every type of PFD I have bought in the past 8 years. They have come on sport PFD vests for kayaking or jet ski, the cheapie 4-packs that are sold together, as well as each of my inflatables, West Marine brand and Mustang, bought in CA and CT.

I assumed that this was de rigeur tagging that came with all PFDs.

jimh posted 01-18-2011 12:12 AM ET (US)     Profile for jimh  Send Email to jimh     
The designator Type-V is not necessarily an indicator of an inflatable device. There are Type-I devices with inflatable components. Type-V also refers to floatation jackets or coats.
lizard posted 01-18-2011 10:09 AM ET (US)     Profile for lizard  Send Email to lizard     
My Mustang "bomber jacket style" float coat is also a PFD class V and must be worn to be counted. It is way to warm to wear, except on the coldest days in CA and is nice, warm but bulky in late fall days in CT. I hope to get the snap on head cap soon.
jimh posted 01-19-2011 12:12 AM ET (US)     Profile for jimh  Send Email to jimh     
I still have not seen a single word in the federal regulations about having to be wearing a Type-V PFD in order for it to be counted as a PFD aboard the vessel for the purpose of qualifying as mandatory safety equipment. If anyone knows of a citation of the federal regulations please give us a pointer.
K Albus posted 01-19-2011 08:51 AM ET (US)     Profile for K Albus  Send Email to K Albus     
Some PFDs are conditionally approved by the Coast Guard for use as required safety equipment. With regard to many inflatable PFDs, the conditions for approval include the use of a tag stating that the PFD must be worn in order for the inflatable PFD to be counted toward required safety equipment on a recreational boat. If an inflatable PFD has such a tag, then that inflatable PFD must be worn in order to be counted against the safety equipment requirements. The applicable regulations are set forth in 46 C.F.R. 160.076-1 et seq. http://frwebgate3.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=eSOxWS/ 4/1/0&WAISaction=retrieve

I believe the specific requirement Jim is asking about is found in 46 C.F.R. 160.076-9 which provides in part as follows:

quote:
A conditionally approved inflatable PFD is categorized as a Type V PFD and may be used to meet the Coast Guard PFD carriage requirements of 33 CFR part 175 only if the PFD is used in accordance with any requirements on the approval label. PFDs marked ``Approved only when worn'' must be worn whenever the vessel is underway and the intended wearer is not within an enclosed space if the PFD is intended to be used to satisfy the requirements of 33 CFR part 175. Note: Additional approved PFDs may be needed to satisfy the requirements of 33 CFR part 175 if ``Approved only when worn'' PFDs are not worn.
contender posted 01-19-2011 09:44 AM ET (US)     Profile for contender  Send Email to contender     
K Albus, good points...You would think that all of these agencies would get on the same page. Especially with today's communication capabilities
K Albus posted 01-19-2011 12:45 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Here's another try at a link to the regulations: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr& sid=0e4aff002ff8603979e55f8aec1b889f&rgn=div6&view=text&node=46:6.0.1.2. 2.51&idno=46
Rickie posted 01-19-2011 01:40 PM ET (US)     Profile for Rickie    
More importantly, have you tested your PFD's. Will they float you, your children, wife comfortably. Will they actually right you. I tested the "tried and true" Mustangs children's vests and was shocked that though they fit and had a wonderful flotation collar, they wouldn't right a child. Went to 35# inflatables and tested them in the water and they work great. My kids will only wear jackets that work. I would rather have a live child than have to retrieve a compliant dead one!! USCG needs to get on with it and certify the children inflatables!!
Tom W Clark posted 01-19-2011 01:43 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
As mentioned above, inflatable PFDs are only for persons 16 or older, not for children.
Rickie posted 01-19-2011 02:02 PM ET (US)     Profile for Rickie    
Actually, several were sold for children with the promise that the USCG was going to certify them. I bought mine at Boat U.S. and they are for small children, and youths. They have the exact same features as my SOS auto inflators except for the USCG approval. Not to argue that point, the point is test your PFD's whatever make, style, etc. in calm water before you need them to save your life. You may be glad you did!
JMARTIN posted 01-19-2011 02:52 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
Hard to test an inflatable. The one you test might work just fine and dandy. Then you reload with a new cartridge and a new automatic inflator doohickey. Gee, I wonder if it will work now?

I carry both conventional and inflatable. 99% of the time I am in the inflatable. If it is really snotty out, I wear the conventional.

John

Rickie posted 01-19-2011 04:44 PM ET (US)     Profile for Rickie    
John, that's a valid point with respect to the inflation mechanism, but that's why they have a manual inflator as well. The real point was/is, when deployed will it work? For my children, I put their jackets on, changed them to a manual inflator, and used the inflation tube to not waste a cartridge and donut. For myself, I jumped into a pool face down and tried to maintain that position to see if a.) the auto inflator actually worked, and b.) if it would turn me over. All inflatable tests passed, the traditional jackets did not work for my children. Wouldn't right them, and wouldn't keep their faces as high out of the water. Before someone says, "well fit them with the right size jacket," both children were in the proper chest and weight ratings. One other note. The children's jackets are actually hybrid jackets. They provide 15#'s of positive buoyancy without any inflation. Plenty to let the auto inflator do their job, or at worst case allow for a manual inflation through cartridge or orally. Whether someone believes in inflatables or not does not negate the benefit of trying them in the water before you need them. By analogy, I always leave my harbor (~15 mins.) with radar on, a lookout, and piloting by instruments. I don't wait until it's socked in fog, or pitch black to turn on the radar for the first time and learn how to use it. When I actually need it, I've seen the same images dozens of times and am looking for anomalies.
jimh posted 01-19-2011 04:52 PM ET (US)     Profile for jimh  Send Email to jimh     
Kevin--Thank you for the cite of the actual federal regulations which mention the conditional approval of certain types of PFD and refer to the label of the PFD for instructions on how they must be used to comply with the requirements for carriage of a minimum number of PDF devices aboard a recreational vessel.

Direct quotation and citation of actual federal regulations is very highly preferred as a means of resolving questions about federal regulations, and I prefer such cites to anecdotal reports of quotations of sales associates at retailers of personal floatation devices.

Rickie posted 01-19-2011 05:41 PM ET (US)     Profile for Rickie    
John, that's a valid point with respect to the inflation mechanism, but that's why they have a manual inflator as well. The real point was/is, when deployed will it work? For my children, I put their jackets on, changed them to a manual inflator, and used the inflation tube to not waste a cartridge and donut. For myself, I jumped into a pool face down and tried to maintain that position to see if a.) the auto inflator actually worked, and b.) if it would turn me over. All inflatable tests passed, the traditional jackets did not work for my children. Wouldn't right them, and wouldn't keep their faces as high out of the water. Before someone says, "well fit them with the right size jacket," both children were in the proper chest and weight ratings. One other note. The children's jackets are actually hybrid jackets. They provide 15#'s of positive buoyancy without any inflation. Plenty to let the auto inflator do their job, or at worst case allow for a manual inflation through cartridge or orally. Whether someone believes in inflatables or not does not negate the benefit of trying them in the water before you need them. By analogy, I always leave my harbor (~15 mins.) with radar on, a lookout, and piloting by instruments. I don't wait until it's socked in fog, or pitch black to turn on the radar for the first time and learn how to use it. When I actually need it, I've seen the same images dozens of times and am looking for anomalies.
meridian posted 01-19-2011 08:27 PM ET (US)     Profile for meridian  Send Email to meridian     
jimh, Since we just visited the Belle Isle CG station last month and were invited back anytime, maybe you could stop by at lunch and get the official word from the station Commander. I'm sure it would be informative.
GreatBayNH posted 01-19-2011 09:19 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
U.S. Coast Guard Auxiliary
Boating Skills & Seamanship
Twelfth Edition, Second Printing

Found in Chapter 2 on page Page 2-12

Type V PFDs. A Type V is also called a SPECIAL USE DEVICE. They are intended for special activities and may be carried instead of another PFD only if used according to the approval conditions on its label. The performance of these devices is marked on their label. If the label says the PFD is "approved only when worn", the PFD must be worn, except for persons in enclosed spaces, and used in accordance with the approval label.

If a person elects to wear their PFD, with a "REQUIRED TO BE WORN" notation, only at selected times, they must have another Type I, II or III aboard to meet the boat's PFD count requirement. Some Type Vs don't count if it's not worn, or if it is worn for other than the labeled use.

macfam posted 01-20-2011 04:42 AM ET (US)     Profile for macfam  Send Email to macfam     
http://www.go2marine.com/docs/mfr/stearns/pfd_lifejackets_guide.shtml
The above states:

PFD Requirements
To meet USCG Vessel requirements, PFDs must be US Coast Guard approved and in "good and serviceable" condition. They should be the appropriate size for each person wearing them, must be readily accessible, and must be removed from any plastic or other wrapping. Obviously, they should not be stored in locked or remote lockers. Other gear should not be stored on top of PFDs. All throwable devices must be instantly available. Boats less than 16 feet in length (including canoes and kayaks of any length) must carry at least one Type I, II, III, or V PFD for each person on board.

Boats longer than 16 feet must carry at least one Type I, II, III, or V PFD for each person on board. In addition, at least one Type IV (throwable device) must be carried. This is important, you may not use a Type IV "flotation cushion' as your sole PFD in your small rowboat or sailing dingy. Note: If a Type V device is used to count toward requirements, it must be worn. Federal regulations require PFDs on canoes and kayaks of any size; they are not required on racing shells, rowing skulls, or racing kayaks. State laws may vary. Water-skiers are considered to be aboard the vessel and PFDs are required for them. It is advisable for skiers to wear PFDs that are designed to withstand the potential impact of a fall at high speed. State laws may differ and be more strict. Some States require skiers to wear a PFD; IN ALL CASES, please contact your local USCG office and State Law Enforcement for clarification for the laws regarding PFDs where you are boating.

jimh posted 01-20-2011 09:27 AM ET (US)     Profile for jimh  Send Email to jimh     
None of the references cited are authoritative, except Kevin's.
GreatBayNH posted 01-20-2011 11:12 AM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
True, but the USCGA is backing up Kevin's reference. Moreover, the USCGA is an arm of the US Coast Guard (represented on one of the sides of the Pentagon in D.C.) so I'll follow their teachings. They are ones pulling boats over in my waters. The instructors of the USGCA course I took are the ones doing the pulling over. They repeated several times during the saftey portion of the course to wear an inflatable PFD or it doesn't count.

-Seth

Plotman posted 01-20-2011 12:27 PM ET (US)     Profile for Plotman  Send Email to Plotman     
Lots of people who should know cite rules and laws that aren't true.

I had a cop give me a ticket for having my GPS attached to the windshield of my truck. The law that used to prohibit that had been repealed a year prior.

I pointed that out to the trooper, and offered to show him the update from the state showing this. His comment, "I'm the one with the badge, the law is what I say it is."

I showed up in court and, fortunately, the judge did look up the law, apologized to me and admonished the trooper.

But it is a great example of how so-called authorities often quote fictitious or out of date laws.

Also, if you are in navigable waters with federal jurisdiction, federal law trumps state law.

burning_hXc_soul posted 01-20-2011 12:40 PM ET (US)     Profile for burning_hXc_soul  Send Email to burning_hXc_soul     
Maybe its just me, but isn't the whole point of an inflatable life vest so that people will actually wear it and its unobtrusive during your boating activities whatever they may be???
burning_hXc_soul posted 01-20-2011 12:43 PM ET (US)     Profile for burning_hXc_soul  Send Email to burning_hXc_soul     
Maybe its just me, but isn't the whole point of an inflatable life vest so that people will actually wear it and it's unobtrusive during their boating activities whatever they may be???
Tom W Clark posted 01-20-2011 12:44 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
It appears the non-authoritative references cited are in agreement with the authoritative references cited, yet the debate rages on.
meridian posted 01-20-2011 02:50 PM ET (US)     Profile for meridian  Send Email to meridian     
This thread gave me the incentive to go out to the barn to check the boat and look at the inflatable PFD’s we use. They are West Marine by Sospenders.

From the label:
Recreational Inflatable Type III PFD
WARNING: You must inflate this PFD to float.
USCG Approved for use only on recreational boats by persons at least 16 years of age.

Nothing about “must be worn to qualify”

jimh posted 01-20-2011 04:04 PM ET (US)     Profile for jimh  Send Email to jimh     
Terry's information on label notation is interesting. His PFD is a Type-III, not a Type-V that has previously been associated with inflatable devices. It apparently need not be worn to be counted as safety equipment or a PDF.

Plotman says:

quote:
"...if you are in navigable waters with federal jurisdiction, federal law trumps state law."

The important part of that is federal jurisdiction over the water. I believe that in the matter of PFD's the federal rules have granted the states some right to apply their own rules for their own waters. Maybe we can have a cite of that law. I don't have it handy at this moment.

Tom W Clark posted 01-20-2011 04:11 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
quote:
It apparently need not be worn to be counted as safety equipment or a PDF.

No, that is an illogical (and erroneous) conclusion.

The labels on PFDs do not list federal carriage requirements of PFDs, they just show if it is certified as a particular type of PFD.

K Albus posted 01-20-2011 04:38 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Type I, II, and III approvals for PFDs are approvals without conditions. Type V approval is an approval with conditions.

An inflatable PFD that is certified as Type I, II, or III does not need to be worn to be counted toward required safety equipment. An inflatable PFD which has received a conditional Type V approval generally must be worn to be counted. This all explained in the regulations I previously cited. See: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr& sid=0e4aff002ff8603979e55f8aec1b889f&rgn=div6&view=text&node=46:6.0.1.2. 2.51&idno=46 . The most relevant sections are 46 C.F.R. 160.076-7 and 160.076-9.

The question here is whether Terry's Type III inflatable PFD must be worn to be counted toward safety equipment requirements. Since it has a Type III certification, there are no conditions on its use. Thus, there is no requirement that it must be worn in order to count as required safety equipment. Jim's assertion is correct.

Tom W Clark posted 01-20-2011 04:41 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
That may be true but it not the PFDs label that explains that.

Were the inflatable life vest that nats was considering at the beginning of this thread Type V or some other type?

Tom W Clark posted 01-20-2011 04:58 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
While I do not consider West Marine to be the end-all authority on PFDs I did find this interesting, especially the last paragraph:

quote:
Prior to Coast Guard–approved inflatables, you could determine a PFD's type by sight: Type IIIs looked like vests or float coats, Type IVs were horseshoes, rings, or cushions, and so forth. The introduction of inflatables changed everything. Inflatables are given a Coast Guard type, just like non–inflatables, but they are also given a performance type and a designation as to whether they have to be worn to be counted in the vessel's life jacket inventory. What this means is that you can't simply say that an inflatable is a Type III and equate its characteristics to the Type III that you are familiar with. Here are some pointers on how inflatables are classified:
Inflatables with harnesses are, by default, Type V life jackets with instructions that you should be familiar with when wearing a harness. Their performance type is generally Type III or Type II.

Belt pack inflatables are Type V life jackets with Type III performance because you have to slip the inflated chamber over your head.

High buoyancy inflatables (150 N or 33 lbs of buoyancy) have a Type III performance rating if they are manually–activated with a ripcord, and a Type II performance rating if they are water–activated. Both products perform exactly alike once they're inflated, since the bladder and the rest of the life jacket are identical except for the inflator. Some types, like the Offshore Life Jackets (sail and power) can be converted from automatic or manual by a simple change to their Secumar 4001 1F inflator.

The Coast Guard requires that water–activated "automatic" inflatables with non–1F inflators have to be worn to be counted in the vessel's inventory of life jackets. The most recent models with 1F inflators, so–called "stowables", don't have to be worn to be counted as inventory. However, this misses the point of inflatable PFDs, which are so comfortable that you'll wear them while on the water.


http://www.westmarine.com/webapp/wcs/stores/servlet/ WestAdvisorView?langId=-1&storeId=11151&catalogId=10001& page=Personal-Flotation-Devices

K Albus posted 01-20-2011 05:11 PM ET (US)     Profile for K Albus  Send Email to K Albus     
It's not clear from nats' original post whether the inflatable PFD he was looking at was a Type V or some other Type. However, if an inflatable PFD is a Type V device, it must have the "approved only when worn" label affixed. If you have a Type V inflatable PFD on board, it must be worn in order to be counted against the required safety equipment - you don't need to wear if you have enough Type I, II, and III PFDs on board to meet the safety equipment requirements. If your inflatable PFD is a Type III PFD, it counts toward your required safety equipment whether or not you are wearing it.

Type V PFDs have "conditional approval", which requires a label affixed to the PFD setting for the specific conditions which must be met for the PFD to be counted as required safety equipment. If those conditions are not met, the PFD does not count toward the safety equipment requirements. There are Type V PFDs which are not inflatable PFDs. Each Type V PFD has its own conditions for use which must be set forth on a label affixed to the PFD. With regard to inflatable Type V PFDs, they must have the "approved only when worn" label, and they must be worn in order to count toward required safety gear.

Type I, II, and III PFDs have unconditional approval. Their labels do not set forth any conditions. They count toward the safety equipment requirements as long as they are on board, whether you're wearing them or not. There are many Type III inflatable PFDs available. Because they are Type III, they have unconditional approval, and they do not need to be worn in order to count toward required safety gear.

K Albus posted 01-20-2011 05:26 PM ET (US)     Profile for K Albus  Send Email to K Albus     
The West Marine article attempts to ascribe a "performance Type" to various inflatable PFDs. That, frankly, is a bunch of malarkey. All that matters is the actual Coast Guard Type certification which appears on the label attached to the PFD.

The West Marine article is interesting, however, because it points out that inflatable PFDs with sailing harnesses attached are "by default" Type V PFDs because they require a label with instructions for using the harness.

Tom W Clark posted 01-20-2011 05:54 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Kevin -- I don't think it is malarkey, it just may not have anything to do with the carriage requirement which the Type certification does.

There is a lot more to PFDs than merely whether you have to wear them or not, but this is a discussion of just that: do you have to wear an inflatable PFD inorder for it to count towards the PFD carriage requirement on your boat.

The answer seems to be: It depends.

This a really good and educational discussion.

Tom W Clark posted 01-20-2011 06:02 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Looking at some different inflatable PFDs that are offered both with and without the harness and classified as Type V and Type II or III respectively, I see the harness models have the belt much higher around the torso.
K Albus posted 01-20-2011 09:22 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Tom, I agree that there is more to PFDs than their Type-rating. I think the West Marine article is problematic, however, because it may mislead some boaters into thinking their Type V inflatable should be considered a Type II or Type III based on its "performance" characteristics.

I also agree with your summary of the thread and its educational value. In the past, I have considered purchasing an inflatable PFD, but I never gave any consideration to the Type-rating. I was leaning toward a model which included the sailing harness, for no particular reason relative to the harness. After this thread, I will be leaning toward a Type II or III rated inflatable, which presumably means it cannot have a harness.

Tom W Clark posted 01-20-2011 09:56 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Kevin -- I do not reach that conclusion. I think it is clear that a PFD is given a particular Type rating.

I am much less clear on why an inflatable with a harness is, "by default," a Type V PDF rating. I do not see where the article implies it is "because they require a label with instructions for using the harness." Where in the CFRs does it say a PFD with instructions makes it a Type V PFD?

The performance type refers to how well the PFD will float you in the water. I think that is very material in one's purchasing decision and should be considered.

K Albus posted 01-20-2011 10:58 PM ET (US)     Profile for K Albus  Send Email to K Albus     
It does not state specifically anywhere in the regulations that a PFD with a harness must be a Type V PFD.

I suspect that inflatable PFDs with harnesses require an extra label regarding the proper use of the harness, and therefore do not meet the requirement of a Type I, II, or III PFD. The "General characteristics of life preservers" are set forth in 46 C.F.R. 160.001-2, and among other things, require that a life preserver must be simple in design; capable of being worn inside-out or being worn clearly in only one way; and can be donned correctly without demonstration, instructions, or assistance by at least 75 percent of persons unfamiliar with the design. See: http://edocket.access.gpo.gov/cfr_2010/octqtr/46cfr160.001-2.htm . I don't know for certain, but I would guess that the harness prevents an inflatable PFD from meeting these requirements. I would further surmise that shortcomings of an inflatable PFD with a harness can be overcome by additional labeling regarding the proper method for wearing the harness, and that with the additional labeling the inflatable PFD with harness qualifies for conditional approval, thus making it a Type V PFD.

I'm sure there's some documentation available somewhere regarding the specific reasons for the specific Type approval for any given model of inflatable PFD with harness, but I'm not going to spend any time looking for that. If you're interested in such information, a good place to start your search would be contacting the manufacturer of the specific PFD. I'm almost certain that they would be required to keep such information on hand and available to the public.

K Albus posted 01-20-2011 11:13 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Okay, I lied. I spent a little bit of time searching Mustang Survival's website for information regarding Coast Guard approval for inflatable PFDs with harnesses. Mustang Survival has manuals for all of its products available online. The manuals provide a brief explanation in their early pages regarding the Type approval for the particular PFD. See, e.g., http://www.mustangsurvival.com/resources/documentation/get_file.php?f=90 beginning on page 1 (which is page 4 of the PDF file). For this particular inflatable PFD, the manual indicates that one of the reasons it has only a Type V approval is because "when the harness is provided, it can cause injury (OR DEATH), if not properly used". This is consistent with the guesses in my previous post.
jimh posted 01-21-2011 12:34 PM ET (US)     Profile for jimh  Send Email to jimh     
My logic is sound and my conclusion correct. The label of a PFD contains the information to decide if it has to be worn to be counted as a PFD. This is abundantly clear. The manufacturer puts on the label what the Commandant of USCG says about the device--well, as long as the manufacturer follows the rules, and we assume they do.

One cannot say that any inflatable PFD must be worn to qualify as a PDF for satisfying the carriage requirements. Some PFD's will qualify only when worn, and some will not.

I will look more into the power of individual states to make regulations the extend the PFD rules (if there are no good hockey games on TV tonight). I believe that states may require something different about PFD carriage than federal regulations, if the state wishes.

GreatBayNH posted 01-21-2011 01:20 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
nats, wear your inflatable and keep a Type I, II or III on board for each passenger. Now you can speed, drink and jump your wake and not fear being sited for PFD violations in any waters.

End of story.

-Seth

jimh posted 01-22-2011 09:24 AM ET (US)     Profile for jimh  Send Email to jimh     
Here is what I have learned from this discussion about inflatable PFD's and federal and state regulations for carriage and use:

--the Commandant of the Coast Guard decides what devices meet the requirements for being a PFD and gives those devices a TYPE designator; the designations are "based primarily on the in-water performance and serviceability of the PFD."

--if a PFD is difficult to put on, the device may not be considered a PFD unless you are already wearing it. This distinction is separate from consideration of its mechanism for providing flotation.

--the use of an inflatable mechanism does not in itself determine a device's TYPE designator. TYPE designators generally refer to buoyancy provided by the device.

--state laws may extend federal requirements for PFD carriage and use; for example, in some states children of a certain age may be required to wear a PFD. State laws about PFD use and carriage take precedence over federal laws in state waters.

Tom W Clark posted 01-23-2011 08:49 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Today I visited the Seattle Boat Show. I made a point of seeking out a PDF manufacturer, in this case Mustang, to see if I could get to the bottom of this.

Well, sort of. I spoke with a 26 year Mustang veteran employee who specializes in dealing with the Federal government.

He told me things are changing. It used to be that inflatables had to be worn to be counted towards the carriage requirement (which is what I always understood) but now it is not that simple.

He emphasized that you must look at the label of any given PFD to see what it says.

As an example, he took off the inflatable PFD he was wearing to show me the label and it said it is a Type II PFD if used on a recreational craft but it is a Type V if used on a commercial vessel.

I asked him why it was some inflatable PFDs were Type V if they had an integral harness but Type II or III if they did not. His best answer was that any special use PFD was a Type V.

A conventional inherently buoyant foam filled PFD that said WORKVEST on it was a Type V because it was special use. A Mustang survival suit was a Type V for the same reason. A Type II inflatable PFD with an integral harness was, by default, a Type V because the harness made it a "special use" PFD.

It has nothing to do with the difficulty of putting the PFD on. Any Type V PFD must be worn to be counted towards the carriage requirement of a vessel. All other Types do not.

He could not offer me any specific criteria by which the Coast Guard defines "special use" and just threw up his hands as an expression of the difficulty of dealing with regulatory agencies. He cited Washington State, and specifically the Washington Department of Labor and Industry, as being the most difficult when it came to his products.

Tom W Clark posted 01-24-2011 10:22 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Soem further clarifiaction of what a Type V PFD is, form the United States Coast Guard:

quote:
TYPE V PFDS / SPECIAL USE DEVICES: Only for special uses or conditions.
See label for limits of use:

Hybrid Inflatable PFDs
Canoe/Kayak Vest
Boardsailing Vests
Deck Suits
Work Vests for Commercial Vessels
Commercial Whitewater Vests
Man-Overboard Rescue Devices
Law Enforcement Flotation Devices
Note: The Coast Guard is working with the PFD community to revise the classification and labeling of PFDs. When completed, this information will be updated and hopefully be somewhat easier to understand. Meanwhile, spending a few minutes to understand the many options available to find a PFD that you’re willing to wear could mean the difference between life and death for you or a loved one.

Each PFD sold for use on a recreational boat is required to be provided with a guide to selection entitled “Think Safe – Choose the Right PFD”. These pamphlets are tailored to the kind of PFD to which they are attached. The following information is a combination of information taken from the various pamphlets and additional guidance.


Ref: http://www.uscg.mil/hq/cg5/cg5214/pfdselection.asp

lizard posted 01-24-2011 11:28 PM ET (US)     Profile for lizard  Send Email to lizard     
Thanks Tom, that tag is exactly what I was referring to.

Post New Topic  Post Reply
Hop to:


Contact Us | RETURN to ContinuousWave Top Page

Powered by: Ultimate Bulletin Board, Freeware Version 2000
Purchase our Licensed Version- which adds many more features!
© Infopop Corporation (formerly Madrona Park, Inc.), 1998 - 2000.