(1) The operator of
a vessel, when carrying passengers for hire, shall provide a United States
Coast Guard approved life jacket for each person on board, and unless the
service is such that children are never carried, with an additional number of
approved life jackets suitable for children equal to at least 10 percent of the
total number of person carried.
(2)
As used in this rule:
Personal Flotation Device or PFD means a device that is
approved by the Commandant of the U.S. Coast Guard under 46 CFR part
160.
Throwable PFD means a PFD that is intended to be thrown to a
person in the water. A PFD labeled as Type IV or Type V with Type IV
performance is considered a throwable PFD. Unless specifically marked
otherwise, a wearable PFD is not a throwable PFD.
Wearable PFD means a PFD that is intended to be worn or
otherwise attached to the body. A PFD labeled as Type I, Type II, Type III, or
Type V with Type (I, II or III) performance is considered a wearable
PFD.
(3)
(a) No person may use a recreational vessel
unless-
1. At least one wearable PFD is on
board for each person;
2. Each PFD
is used in accordance with any requirements on the Approval label;
and
3. Each PFD is used in
accordance with any requirements in its owner's manual, if the approval label
makes reference to such a manual.
(b) No person may use a recreational vessel
16 feet or more in length unless one throwable PFD is onboard in addition to
the total number of wearable PFDs required in paragraph (a) of this section.
Canoes and kayaks 16 feet or more in length are exempted from the requirements
for carriage of the additional throwable PFD.
(4) All Personal Flotation devices ("PFD's")
carried on board vessels operating within the state shall be in good and
serviceable condition, and of an appropriate size for the persons who intend to
wear them. Wearable PFD's shall be readily accessible and throwable devices
shall be immediately available for use. All PFD's shall be legibly labeled with
an approval number, as specified in 46 CFR part
160.
(5) A PFD is considered to be in serviceable
condition only if the following conditions are met:
(a) No PFD may exhibit deterioration that
could diminish the performance of the PFD, including-
1. Metal or plastic hardware used to secure
the PFD on the wearer that is broken, deformed, or weakened by
corrosion;
2. Webbings or straps
used to secure the PFD on the wearer that are ripped, torn, or which have
become separated from an attachment point on the PFD; or
3. Any other rotted or deteriorated
structural component that fails when tugged.
(b) In addition to meeting the requirements
of paragraph (a) of this section, no inherently buoyant PFD, including the
inherently buoyant components of a hybrid inflatable PFD, may exhibit-
1. Rips, tears, or open seams in fabric or
coatings, that are large enough to allow the loss of buoyant
material;
2. Buoyant material that
has become hardened, non-resilient, permanently compressed, waterlogged,
oil-soaked, or which shows evidence of fungus or mildew; or
3. Loss of buoyant material or buoyant
material that is not securely held in position.
(c) In addition to meeting the requirements
of paragraph (a) of this section, an inflatable PFD, including the inflatable
components of a hybrid inflatable PFD, must be equipped with-
1. Except as provided in paragraph (d) of
this section, a properly armed inflation mechanism, complete with a full
inflation medium cartridge and all status indicators showing that the inflation
mechanism is properly armed;
2.
Inflatable chambers that are all capable of holding air;
3. Oral inflation tubes that are not blocked,
detached, or broken;
4. A manual
inflation lanyard or lever that is not inaccessible, broken, or missing;
and
5. Inflator status indicators
that are not broken or otherwise non-functional.
(d) The inflation system of an inflatable PFD
need not be armed when the PFD is worn inflated and otherwise meets the
requirements of paragraphs (a) and (c) of this section.
(6) Exemptions:
(a) Racing shells, rowing sculls, and racing
paddlecraft are exempted from the requirements for carriage of any Type PFD.
This exemption only applies to racing shells, rowing sculls,
and racing paddlecraft when competing in an organized or sanctioned race or
training program approved by a national or international body, or by
appropriate permit, and where adequate safety precautions are in place.
Paddlecraft means a vessel powered only by its occupants,
using a single or double bladed paddle as a lever without the aid of a fulcrum
provided by oarlocks, thole pins, crutches, or similar
arrangements.
(b) Sailboards
are exempted from the requirements for any carriage of any Type PFD. A
sailboard means a sail propelled vessel with no freeboard and equipped with a
swivel mounted mast not secured to a hull by guys or stays.
(c) Vessels of the United States used by
foreign competitors while practicing for or racing in competition are exempted
from these carriage requirements provided the vessel carries one of the
sponsoring foreign country's acceptable flotation devices for each foreign
competitor on board.
Notes
Tenn. Comp. R. & Regs. 1660-02-03-.03
Original rule
certified May 8, 1974. Amendment filed March 2, 1978; effective April 1, 1978.
Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed May 27,
1983; effective June 27, 1983. Amendment filed September 26, 1996; effective
December 10, 1996. Amendments filed March 31, 2017; effective
6/29/2017.
Authority: T.C.A. ยงยง
69-9-209,
69-9-502, and
70-1-206.
