§ 97.1. Personal flotation devices.

 (a)  A person may not use a boat unless at least one personal flotation device (PFD) of the following types is on board for each person:

   (1)  Type I.

   (2)  Type II.

   (3)  Type III.

 (b)  A person may not use a boat 16 or more feet in length unless one Type IV PFD is on board in addition to the total number of PFDs required in subsection (a). Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional Type IV PFD.

 (c)  A Type V PFD may be carried in lieu of a PFD required under subsection (a) if:

   (1)  The approval label on the Type V PFD indicates the device is approved for one of the following:

     (i)   The activity in which the vessel is being used.

     (ii)   As a substitute for a PFD of the type required on the vessel in use.

   (2)  The PFD is used in accordance with requirements of the approval label.

   (3)  The PFD is used in accordance with requirements in its owners manual, if the label makes reference to the manual.

 (d)  Required PFDs shall be in good, serviceable condition, legibly marked showing the Coast Guard approval number and whether it is a Type I, II, III, IV or V. They shall be of an appropriate size, child or adult, for the person for whom it is intended.

 (e)  Types I, II and III shall be stowed so as to be readily accessible. Type IV, buoyant cushion and ring buoy designed for throwing or grasping rather than wearing, shall be immediately available.

   (1)  “Readily accessible” means that PFDs are stowed where they can be easily reached, or are out in the open ready for wear. A PFD that is sealed in its original packaging is not readily accessible.

   (2)  “Immediately available” means that the PFD cannot be in a protective covering and shall be within arm’s reach of the operator or passenger while the boat is being operated.

   (3)  A PFD that is sealed in its original packaging is neither immediately available nor readily accessible.

 (f)  This section does not apply to racing shells, rowing sculls and racing kayaks, such as manually propelled boats recognized by National racing associations for use in competitive racing, where the occupants row, scull or paddle with the exception of the coxswain, if one is provided, and which are not designed to carry and do not carry equipment not solely for competitive racing. Safety boats accompanying the boats shall carry a sufficient number of readily accessible Type I, II, III or V PFDs for the occupants of the shells, sculls or kayaks. This exemption does not apply on Commission and State Park owned or controlled boating waters.

 (g)  Coast Guard approved PFDs shall be acceptable as long as they are in good, serviceable condition with the approval clearly legible, even though the type number may not be contained in the marking because they are earlier approved lifesaving devices. “Serviceable” means the PFD is fully functional to carry out the purpose for which it was designed and free of tears or defects in the material over the flotation material and the buckles, straps, zippers and other closures are operable.

 (h)  Children 12 years of age and younger shall wear an approved Type I, II, III or V PFD while underway on any boat 20 feet or less in length and all canoes and kayaks. The operator of the watercraft violates this subsection if he does not cause a child 12 years of age or younger to wear a PFD as required by this subsection.

   The provisions of this §  97.1 amended under section 10 of the Sunshine Act (65 P. S. §  280); and section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  97.1 amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3391; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717. Immediately preceding text appears at serial pages (248919) to (248920).

   This section cited in 58 Pa. Code §  105.1 (relating to conditions requiring immediate corrective action); and 58 Pa. Code §  109.4 (relating to water skiing, aquaplaning, kite skiing and similar activities).