1. (a) “Boat” means any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers.

2. (b) “Passenger” means every person carried on board a vessel other than:

   1. (1) The owner or his representative;
   2. (2) The operator;
   3. (3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
   4. (4) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
3. (c) “Personal Flotation Device” or “PFD” means a device that is approved by the Commandant of the United States Coast Guard pursuant to Part 160 (commencing with Section 160.001-1) of Title 46 of the Code of Federal Regulations.
4. (d) “Racing shell, rowing scull, racing canoes and racing kayak,” means a manually-propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
5. (e) “Recreational boat” means any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of six or fewer passengers.
6. (f) “Throwable PFD” means a PFD that is intended to be thrown to a person in the water. A PFD marked as a 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.
7. (g) “Use” means operate, navigate, or employ.
8. (h) “Vessel” includes every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
9. (i) “Wearable PFD” means a PFD that is intended to be worn or otherwise attached to the body. A PFD marked as Type I, Type II, Type III, or Type V with Type (I, II or III) performance is considered a wearable PFD.

As used in sections 6565.2 through 6565.8:

Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.

History

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).

2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).

3. Amendment substituting “6565.2” for “6565.1” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).

4. Amendment of first paragraph, subsection (f) and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).

5. Amendment filed 6-17-2025; operative 6-17-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 25).