1. (a) The regulations in this article and in Article 5 apply to vessels operating on the waters which are subject to the jurisdiction of this state. All vessels complying with the construction and equipment requirements of the International Regulations for Preventing Collisions at Sea, 1972, are considered to be in compliance with these Rules.
2. (b) Where federal law, including the United States Coast Guard regulations, provides an exemption to any of the provisions of the federal equipment or operation requirements which conform to the state requirements set forth in Articles 4 and 5 of this chapter, that exemption shall also apply to the state requirements.

3. (c) A peace officer or harbor policeman authorized to enforce the provisions of Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may inspect a vessel using California waterways for compliance with safety laws, rules, or regulations where the officer has probable cause or a reasonable suspicion to believe that a violation of the laws, rules, or regulations exists.

   1. (2) For purposes of subdivision (1), a vessel is operated in a hazardous condition whenever the vessel:

      1. (A) Is used without sufficient personal flotation devices, as prescribed by Section 6565 of this article;
      2. (B) Is used without sufficient firefighting devices, as prescribed by Section 6569 of this article;
      3. (C) Does not display required navigation lights between sunset and sunrise, as prescribed by Section 6600.1 of Article 5;
      4. (D) Has fuel leakage from either the fuel system or engine, or both;
      5. (E) Has accumulation of fuel in bilges or compartment other than a fuel tank;
      6. (F) Does not have legal and serviceable ventilation system, as prescribed by Section 6575 of this article;
      7. (G) Does not have proper backfire flame control system, as prescribed by Section 6574 of this article;

      8. (H) Is overloaded to the extent that there exists so little freeboard that the danger of sinking or capsizing may be imminent.

         A person operating an unsafe vessel, as specified in this subdivision shall remove it to the shore or to a safe moorage or anchorage as directed by the peace officer.

         (e)(1) If a vessel is in an unseaworthy condition, as described in subdivision (2), a peace officer or harbor policeman authorized to enforce Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may undertake any or all of the following courses of action:

      9. (A) Issue a written notice to appear in court to the owner or operator of the vessel in accordance with Section 664 of the Harbors and Navigation Code.
      10. (B) Terminate the voyage of a vessel underway.
      11. (C) Have a vessel removed from the water.

   2. (2) For purposes of subdivision (1) a vessel is in an unseaworthy condition if any or all of the following conditions exist:

      1. (A) The vessel is unsuitable, unsafe or unable to travel on waters of the state, when there is risk to life, limb, or property.
      2. (B) The vessel creates an environmental hazard in violation of any state or federal environmental protection laws.

      3. (C) The vessel's hulls or decks are in any of the following conditions:

         1. (i) In a state of disrepair, delaminating or decomposition.
         2. (ii) Taking on water beyond that which can be controlled.
         3. (iii) Lacking water-tight integrity insofar as it cannot maintain level flotation without extraordinary measures, or is likely to sink or capsize due to water intrusion.

   (d)(1) A peace officer authorized to enforce the provisions of Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may order the operator of an unsafe vessel to remove that vessel to the shore or to a safe moorage or anchorage in accordance with the requirements of this subsection. An officer may order an unsafe vessel so removed where it is being operated with one or more of the hazardous conditions, described in subdivision (2), where those conditions cannot be corrected on the spot, and where, in the judgment of the officer, continued operation of the vessel would create an immediate danger to life, limb, or property.

Note: Authority cited: Sections 652 and 655, Harbors and Navigation Code. Reference: Sections 650, 652, 655, 663, 663.5, 663.6 and 664, Harbors and Navigation Code; and PL 96-591, Rule 1(b)(ii).

History

1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).

2. Amendment of subsections (a), (d)(8) and (e) filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).

3. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).

4. Amendment of subsections (a) and (d)(3) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 34).

5. Amendment of subsection (d)(2) filed 11-25-87; operative 12-25-87 (Register 87, No. 49).

6. Amendment of section and Note filed 8-12-2010; operative 9-11-2010 (Register 2010, No. 33).