California Boating Law

CALIFORNIA BOATING LAW

(c) As used in this section: (1) ‘‘Direct’’ means to coerce or attempt to coerce by threat of loss of employment or charter earnings or, if by an operator but not a charterer, to make a demand in violation of this section under circumstances in which it would be reasonable for the captain or other person to believe that failure to comply could lead to the loss of his or her employment or charter earnings. (2) ‘‘Captain’’ means the individual responsible for the operation of the vessel while underway. 773.5. Requirement to wear life preserver. The operator of a charter boat, or the operator’s employee or agent, shall require each passenger to don a life preserver under any of the following conditions: (a) When conditions of rough weather or heavy seas pose a threat to the vessel or its passengers. (b) When there is a casualty to the vessel including, but not limited to, any of the following: (1) Loss of watertight integrity. (2) Loss of propulsion or steering in close proximity to a shoal or shore. (3) Fire at sea. (4) When under tow. (c) When crossing or navigating the bar or shoal at or near the entrance of any California harbor where weather conditions, surface current, breaking seas, or severely reduced visibility, cause an increase in the possibility of a sudden emergency that might prevent passengers from donning life preservers before entering the water. (d) As used in this section: (1) ‘‘An increase in the possibility’’ means a decrease in the certainty of a reasonably prudent operator that normal operation of the charter boat would avoid any sudden mishap. (2) ‘‘Normal operation’’ means operation without resort to emergency procedures or other extraordinary measures to maintain course. 773.6. Advice to passengers on life preserver requirements. An operator, or the operator’s employee or agent, who directs the passengers to the life preservers while announcing that the passengers are required for their safety to don them shall be deemed to have complied with Section 773.5, if the operator, or the operator’s employee or agent, or the operator’s employee at least once instructs any passenger who fails to don a life preserver to do so, and if the life preservers are unwrapped, ready to be donned, and stowed in a conveniently accessible place. 773.7. Advice to passengers on emergency procedures. The operator, or the operator’s employee or agent, of a charter boat, prior to getting underway, shall orient each passenger concerning emergency procedures. A public announcement shall be made at the beginning of each trip to afford all passengers knowledge of the stowage location of life preservers, a demonstration of the proper method of donning and adjusting life preservers, the type and location of all lifesaving devices carried on the vessel, and the location of and contents of the emergency check-off list as prescribed in 46 C.F.R. 185.25-1. This public announcement shall be identified as a safety briefing in compliance with state law so as to differentiate it from a general information announcement. 773.8. Information to passengers about availability of life jackets. (a) A char- terer or operator who organizes charter boat trips shall inform each adult passenger as soon as practicable after the passenger contracts or pays for passage or boards the charter boat, whichever occurs first, that life jackets will be provided at the adult

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