PFD Law

[John Jarosz]

Just a reminder when you go out, taken from NYS Parks:

Cold Weather Boaters

Anyone underway in a boat less than 21 feet in length

anytime between November 1 and May 1 must wear a

securely fastened life jacket. This includes canoes, kayaks, rowboats and motorboats.

Commercial vessels are exempt.

NYS Nav. Law Section 40.1(e)

[Stephen Glassic]

I thought it was required at all times, including while casting.

[John Jarosz]

Steve...I looked up Section 40.1(e) of the NYS Navigation Law that the Parks Dept cites.  I'm no lawyer (I don't even play one on TV) so anything beyond that is beyond me.  But here is what the quote says:

(e) No owner or operator of a pleasure vessel less than twenty-one feet, including rowboats, canoes, and kayaks shall permit its operation, between November first and May first, unless each person on board such vessel is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when such vessel is underway. * NB Effective November 1, 2009.

I suppose it comes down to the definition of "underway."  Here is the site I found it:

http://codes.lp.findlaw.com/nycode/NAV/4/1--VESSELS,/40

To play it safe, after Nov 1st if I'm in a boat, I wear one.

(e) No owner or operator of a pleasure vessel less than twenty-one feet, including rowboats, canoes, and kayaks shall permit its operation, between November first and May first, unless each person on board such vessel is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when such vessel is underway. * NB Effective November 1, - See more at: http://codes.lp.findlaw.com/nycode/NAV/4/1--VESSELS,/40#sthash.jqiQ...

[Capt. Larry D. Jones]

Commercial Vessel's 21 ft and under are not excempt from the law, my boat gets checked all the time and a I'm a Commercial Vessel For Hire. Underway according to the U.S.Coast Guard may be different then NY State, but they consider any movement wind or current as Underway.Purchase a Mustang Survival Suit, it is a U.S. Coast Guard Approved Life Jacket, you will stay warm and you will have a few more minutes to get to shore before hypothermia sites in if you end up in the drink.

[Capt. Larry D. Jones]

Sets

[Capt. Larry D. Jones]

Using your electric trolling motor is also considered Underway.

[Capt. Larry D. Jones]

Let's just say anyone that is in a boat on water that is under 55 degrees and is not wearing a Survival Suit is just plain nuts!

[Capt. Larry D. Jones]

Even more nuts is wearing carhart's or any other heavy winter clothing out on the water, if you end up in the water they soak up fast and take you right to the bottom.We practice man overboard drills every year and it is just about impossible to get back in the boat wearing water soaked non flotation coveralls and once the get totally saturated you go down

[John Jarosz]

Good tips there, Cap'n.  Since the regs also include rowboats, canoes & kayaks, I take "underway" to mean you've pushed off-shore & you're out on the water, regardless if you're anchored, drifting, trolling or anchored. 

As a commercial vessel, are you under a different section of the Navigation Law?

[Capt. Larry D. Jones]

The U.S.Coast Guard Marine Safety Office Buffalo has informed me last year that all Charter Fishing Boats under 21 ft must comply with the the NY Life Jacket Law from Nov 1st to May 1st.Then you are correct we have more stringent rules for required safety equipment, besides the Type 3 Life Jackets required by NY State we must have Type 1 Life Jackets with Lights(batteries dated) & Whistles.A throwable Life Ring with 50 ft of floating rope.Many other Items as well.

[Alan Hoerl]

Larry, what type of survival suit do you use?