I don't know the particulars of the comment but I may have an idea what they may have been referring to.
If you were on a charter you must have class 1 life jacket for all on board. Children can wear an adult jacket (although it is best to have a couple children sizes). the viewer may have seen the kid in the class V and cried foul. Chances are you have class 1 preservers for all on board and you just let the kid wear the more comfortable class V. I have done that in the past as well, we all know there is just about no way to be comfortable in a class 1 never mind a child.

Spike

On a commercial boat Type 1 PFDS are requiered. However if a person {adult or child} wants to wear a type III of type V thats is legal also as long as they are infact wearing it. If they are just stowed they have to be type I. OF course children 12 and under must wear a PFD and this lets them wear Typ III or V if they want. I have checked this out with Marine patrol

Glen

Thanks Glen!

I was just looking this up. Saved me the trouble!

See you on the water!

-Kool-Aid

That is what I said.
It doesn't matter if your "client" has a type 2, 3, 4 or 5 on you are still required to carry a type 1 for every person onboard if you are chartering. If you are not chartering and have friends onboard you fall under regular recreational laws.
BTW for those that leave early morning before the sun comes up you are also required to have a CG approved light on every lifejacket. Lots of rules if you charter. Make sure you know them all. There are charterboat organizations you can join out there that will help you learn what is needed and keep cuerrent on laws that effect the industry. Northeast charterboat Captains Association is one.

Spike

Spike... you're a wealth of info. You've made a few posts here and elsewhere this week that definitely will save someone from breaking the law. Good stuff.

There is a new law, if I were on a charter with 3 clients and all 3 are wearing a type V vest and I was not I would only need 1 type I stowed! The law states type V MUST be worn at all times however! The marine patrol officer said I didnt even need 1 type I on board any longer although I have them. It is a new rule for 2009

Wow if that doesn't sound screwed up. If I was on a charter boat I'd want to know if the sht hit the fan I had the best available jacket to use. Maybe the change is an inland waters law. ???? I'm interested to know, so when I get some time I'll look into it.

Spike

Just remembered why I don't read the CFR's anymore, lol
Link: http://edocket.access.gpo.gov/cfr_2008/octqtr/pdf/46cfr25.25-5.pdf

This is current. States in there:
(c) Each vessel carrying passengers
for hire and each vessel 40 feet in
length or longer not carrying passengers
for hire must have at least one
life preserver approved under subchapter
Q of a suitable size for each
person on board. Kapok and fibrous
glass life preservers which do not have
plastic-covered pad inserts as required
by subparts 160.002 and 160.005 of this
chapter are not acceptable as equipment
required by this paragraph.

Not sure where subchapter Q is as I couldn't find it. If you read further down it references a commercial grade type v vest. Maybe Marine patrol is getting that confused with a rec. type v device?

Either way if you got enough class 1 it isn't an issue. I'd hate to have anything less on a vessel for hire and have someone drown due to the class preserver they were wearing. With the class 1 you can't get any better.

Spike

You can't wear a Type IV Captain it is a USCG approved throwable device like a boat cushion or a life ring.

Hey I didn't write it I just read it. I was talking type V not IV.

Quote from link:
(f) On each vessel, regardless of
length and regardless of whether carrying
passengers for hire, an approved
commercial hybrid PFD may be substituted
for a life preserver, buoyant
vest, or marine buoyant device required
under paragraphs (b) or (c) of
this section if it is—
(1) Used in accordance with the conditions
marked on the PFD and in the
owner’s manual;
(2) Labeled for use on commercial
vessels; and
(3) In the case of a Type V commercial
hybrid PFD, worn when the vessel
is underway and the intended wearer is
not within an enclosed space.




Spike

Question to Captain Spike

Speaking of PFD's, is there a rule in NH that states you must be within an arms length to a life preserver on a private vessel, not a vessle for hire or charter ???? I heard something about it in Maine.

By the way what are you Captian of, just curious ???

Big John

First off I am a licensed Capt. OUPV six pak. I used to run charters but stopped about two years ago. Nick name was given to me waaay back when just because I boated alot.

As far as State rules go they should pretty much fall in line with the CG rules. If they don't it would only be because the state has a more restrictive rule. They can't have less restrictive rules. That being said I do not know of a "arms length" rule for PFD's. I do know they must be readily available. On every boat readily available can be in various spots. I have a life preserver bag I carry on the floor of my boat, flares inside. I do not keep them stored in a compartment.
I remember being on a friends boat and we got boarded. The jackets were still in the plastic cases he bought htem in and in a compartment. He was told that they were not readily available because they were in the compartment and still in the plastic, needing to be opened. I think there is some leaway as to how strict they can be. Some people I know pull them out when off the dock but store them when tied to the dock. Either case law states readily accessable so they could get you for that. Another interesting event , which is right around the corner, is the 4th fireworks. I can't tell you how many times I have seen people partyingon boats with x amount of persons on board and there is noway the boat has presservers for each person. Some cases the boat has too many people for it's rated capacity. this is however at the dock and I think is overlooked for the most part. Just hope if you are one of those boats something doesn't happen to someone when you have that many people on board as the results could be bad for you. In the years at my marina we have had three people fall in drunk (different years) on the 4th weekend and one drowned.
Not good. None had pfd's on and nobody could throw them one in each case as the tide was ripping out. But had there been an ivestigation the boat owner may have been found negligent if the preservers , or throw ring bouys in larger vessels were not easily accessable.

Better safe than sorry.

Spike