12.11.301    PERSONAL FLOTATION DEVICES AND LIFE PRESERVERS

(1) The following are requirements for personal flotation devices and life preservers upon motorboats and vessels launched upon the waters of this state:

(a) all recreational boats, and canoes and kayaks of any length must have one type I, II, or III device (of a suitable size) aboard for each person;

(b) a type V device may be substituted for types I, II, III when properly worn on the person at all times while the vessel is in operation;

(c) all recreational boats 16 feet in length and over, in addition to the above, must have one throwable type IV device (seat cushion with handles or ring buoy) ;

(d) type I, II, and III devices shall be readily accessible to all persons on board; the type IV device shall be immediately available for use.

(2) The following are requirements for sailboards used on waters of this state:

(a) if two or more persons are occupying a sailboard, each occupant must have a coast guard approved life preserver securely fastened to his person;

(b) a person operating a sailboard (windsurfer) , who has not reached his 15th birthday, must have a coast guard approved life preserver securely fastened to his person.

(3) The amendment to (1) (a) of this rule, requiring all boats to carry personal flotation devices, is effective May 1, 1996.

History: 23-2-521, 87-1-301, 87-1-303, MCA; IMP, 23-2-521, MCA; NEW, 1980 MAR p. 1063, Eff. 3/28/80; AMD, 1987 MAR p. 1072, Eff. 7/17/87; AMD, 1989 MAR p. 267, Eff. 2/10/89; AMD, 1995 MAR p. 2251, Eff. 10/27/95; TRANS, from ARM 12.6.701, 2001 MAR p. 18, Eff. 1/12/01.