1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Child” means an individual who is under the age of 13 years.
   3. (3) “Personal flotation device” means a flotation device that is approved by the U.S. Coast Guard.

   4. (4)

      1. (i) “Vessel” means:

         1. 1. A vessel used for recreational purposes; or
         2. 2. A vessel leased, rented, or chartered for noncommercial use.
      2. (ii) “Vessel” does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester's license number while engaged in the harvesting of seafood for sale.

2. (b)

   1. (1) A person may not operate or allow the operation of a vessel under 21 feet in length if there is a child present in the vessel unless the child is wearing a personal flotation device that is:

      1. (i) Properly sized for the child;
      2. (ii) In good and serviceable condition; and
      3. (iii) Securely and properly attached to the child.

   2. (2) If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to:

      1. (i) Hold the child securely within the personal flotation device, including a strap that is secured between the child's legs to fasten together the front and back of the personal flotation device;
      2. (ii) Maintain the buoyancy of the child, including an inflatable headrest or high collar; and
      3. (iii) Ensure the ready accessibility of the child from the vessel, including a web handle.

3. (c) Subsection (b) does not apply to:

   1. (1) A vessel that is moored or anchored; or
   2. (2) A child who is below deck or in an enclosed cabin.

Added by Acts 2001, c. 429, § 1, eff. June 1, 2001. Amended by Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 458, § 1, eff. Oct. 1, 2004; Acts 2004, c. 458, § 2, eff. April 1, 2006; Acts 2005, c. 25, § 2, eff. April 1, 2006; Acts 2010, c. 35, § 2, eff. April 13, 2010; Acts 2025, c. 433, § 1, eff. Oct. 1, 2025.