Fed and State clean up PFD "accessable" questions

  • Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 60016
    #1522497

    I’ve had my throw-able cushion below deck and I’ve been told that’s fine, in other cases the water patrol said I would be ticketed.

    Below is an attempt by the MN DNR to answer the question of “Accessible” and “Immediately Accessible”. Keep in mind, this is only one portion of a ten page bill that needs to make it to the Governors desk for signing.

    Sec. 48. RULEMAKING; PERSONAL FLOTATION DEVICES.

    (a) To conform with changes in federal regulation, the commissioner of natural
    resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows:

    (1) delete the term “Type I, II, or III” and insert “wearable”;

    (2) delete the term “Type IV” and insert “throwable”;

    (3) delete items B and D and reletter the remaining items; and

    (4) insert a new item that reads:

    “C. All personal flotation devices required by this subpart must be:

    (1) approved by the U.S. Coast Guard;

    (2) legibly marked with any requirements and the approval number issued by the
    U.S. Coast Guard;

    (3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with
    all straps and fasteners present and in good condition;

    (4) of the appropriate size for the intended wearer, if the device is designed to be worn,
    and in compliance with any requirements listed on the U.S. Coast Guard approval label;

    (5) for wearable devices, either readily accessible or worn, except when:

    (a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or

    (b) wearing a U.S. Coast Guard-approved wearable personal flotation device is
    mandatory; and

    (6) for throwable devices, immediately available.

    “Readily accessible” means easily retrievable within a reasonable amount of time
    in an emergency. “Immediately available” means easily reached in time of emergency.
    Personal flotation devices located in locked containers, under heavy objects, or left in
    shipping bags are not considered readily accessible or immediately available.”

    tom_gursky
    Michigan's Upper Peninsula(Iron Mountain)
    Posts: 4749
    #1522505

    thanks for the post Brian

    Art Green
    Brookfield,WI
    Posts: 733
    #1522655

    “I’ve had my throw-able cushion below deck and I’ve been told that’s fine, in other cases the water patrol said I would be ticketed.”

    If the compartment is “easily reached” and the cushion is on top that counts as “easily reached” right? I thought you said it was to help answer the question? coffee

    fishthumper
    Sartell, MN.
    Posts: 12858
    #1522661

    Your correct that this issue needs to be cleared up. I know 2 people who were ticketed for their wearable PFD being in a forward storage compartment. Both went to court and got the ticket canceled. One even had his in a locked compartment that he had trouble opening to show the officer.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 60016
    #1522663

    Personal flotation devices located in locked containers, under heavy objects, or left in
    shipping bags are not considered readily accessible or immediately available.

    Clears it up for me Art.

    Dave Ansell
    Rushford, MN
    Posts: 1571
    #1522695

    Thanks BK. I have been told by local (pool 5a) CO’s that it cannot be in a compartment – locked or otherwise.

    What this does not clear up is who will throw it to me if I am boating alone and go overboard. If I am alone what difference does it make where the throwable is located?

    kroger3
    blaine mn
    Posts: 1116
    #1522703

    Thanks BK. I have been told by local (pool 5a) CO’s that it cannot be in a compartment – locked or otherwise.

    What this does not clear up is who will throw it to me if I am boating alone and go overboard. If I am alone what difference does it make where the throwable is located?

    What would be your plan of action if you seen someone from another boat fall overboard? Mine would be to quick grab my throwable and throw it…

    suzuki
    Woodbury, Mn
    Posts: 19086
    #1522707

    I helped a guy in distress a couple years ago. I first tossed him my throwable then pulled him into my boat.

    cougareye
    Hudson, WI
    Posts: 4143
    #1522711

    I fished with a guy once who had his PFD’s and throwable in a latched compartment in a plastic bin. I asked him what good they were in there?

    At a minimum, PFD’s should be out, on the backs of your seats or used as cushions, throwable tucked into a corner, but not inside a compartment or bin.

    These aren’t just for you as others have mentioned.

    ET

    Dave Ansell
    Rushford, MN
    Posts: 1571
    #1522719

    Just to clarify, my jackets are worn or on the back of the seats at all times. My throwable is also out and accessible. I have heard many make the statement I have and I can certainly see both sides of the coin on that. I am not advocating for leaving the throwable or pfd’s stowed and certainly not locked up.

    TheFamousGrouse
    St. Paul, MN
    Posts: 12343
    #1522721

    What, exactly, is a “shipping bag”? How would I know one should I encounter it in the wild?

    On my pleasure boat, I have a 6 pack of wearable life jackets in a zippered plastic bag. Is this the dreaded “shipping bag” they are referring to?

    Typical situation here. Law enforcement can’t even clearly agree on what the law says and how to consistently enforce it.

    Grouse

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 60016
    #1522727

    How long is your pleasure boat? It makes a difference.

    If you’re alone and your pfd is on the back of the chair, I HOPE you’ll have another boater around with quick access…more so if you can’t swim. Just saying.

    Common sense should..ahhh never mind. crazy

    dfresh
    Fridley, MN
    Posts: 3053
    #1522741

    I have made it a point to just wear mine all the time in the past couple years. Things can change really quickly in the boat and I don’t want to be scrambling around when seconds matter. Also have a throwable out even though my boat is exempt (under 14′).

    bassn7
    Bruce,WI
    Posts: 776
    #1522761

    I don’t swim much ,so last year I bought a inflateable that you wear as a belt pack . I also wear my pfd when the boat is under way with kill switch hooked up,the when I’m up casting I have the belt on just in case.I have my throw able under the console so it’s grab able from there,it won’t do me any good thou when I’m in the water.
    Stan wave

    Rob92761
    La Crosse WI
    Posts: 101
    #1522783

    What this does not clear up is who will throw it to me if I am boating alone and go overboard. If I am alone what difference does it make where the throwable is located?
    [/quote]

    I had the CO tell me the same thing. i told him that my black lab won’t throw it to me because he has no thumbs! Also i told him if i throw the throwable the dog is just going to retrieve it. The CO was lost for words

    riverrat56
    New Ulm, MN
    Posts: 175
    #1522799

    Any ideas on if Pfd’s and throwables behind cargo netting on the side of the front deck pass the accessibility requirements?

    On the topic, I once had a CO tell me that my throwable needed to be attached to a rope. He made a good point in that saving someone would be much easier if you could pull them back in. Anyone else ever hear anything like this? Maybe he just said it as an FYI.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 60016
    #1522877

    I might not be the “normal” fishing/boating guy, but my though is any pfd that’s not being worn is worthless.

    On the back of the seat, in the bow netting, below in a compartment… worthless. Unless you know when you’ll fall in.

    …I know, it won’t happen to me and no one will have talk to my family….Right?

    Rob92761
    La Crosse WI
    Posts: 101
    #1522881

    a couple of years ago. I help a fellow boater/fisherman. two guys boat capsized. weather we had a throw available or not was not the question. the one person must have weigh at 350 pounds and the other one 300 pounds. The 300 pound guy we got in the boat right away. But 350 pound guy was handicap was on oxygen which he lost, I end up laying on the bow of the boat, holding him by his shirt while the the guy that owed the boat took us to shore. There was no way we could have got him in the boat. He should have life jacket on. This was a mid march rescue with water temps in the 30’s.

    Michael C. Winther
    Reedsburg, WI
    Posts: 1525
    #1522883

    if the state wants to mandate something, it should require wearing of PFDs. of course, most of us don’t want that degree of intrusiveness because we’re capable of making our own common sense decisions based on weather conditions, swimming ability, etc.

    requiring instead that it be “out” in the boat is a silly half-measure, imho, as it takes longer to get a lifejacket tightly strapped to the back of a boat seat than it does to pull it from a compartment. either make a rule that will actually work (wear them) or just require them to be in the boat and leave the “readily accessible” nonsense alone.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 60016
    #1522963

    Speaking of PFD laws… here’s MN/WI/IA for all you border water buffs.

    PFDs
    WI requires at least one USCG approved type I, II, III or V PFD (life jacket) readily accessible for each person on board the boat.
    Sailboarders and windsurfers are exempt from having PFDs.

    In addition, one approved type IV PFD must be immediately available on board boats 16 feet or longer (except canoes and kayaks).
    Children under the age of 13 must wear a USCG approved PFD while underway in an open boat. Persons on board PWC must be wear PFD.

    IA requires at least one USCG approved type I, II, III or V PFD (life jacket) readily accessible for each person on board the boat. Sailboarders and windsurfers are exempt from having PFDs. In addition, one approved type IV PFD must be immediately available on board boats 16 feet or longer. Persons on board PWC must be wearing a PFD. Windsurfers are not required to wear a PFD.

    MN all boats (except a sailboard) regardless of length (including canoes, kayaks, stand up paddle boards and duck boats), there must be a readily accessible U.S Coast Guard approved Type I,11,111 or V PFD (life jacket) for each person on board.

    On boats 16 feet or longer (except canoes and kayaks) there must be at least one U.S. Coast Guard approved type IV throwable device, such as a buoyant cushion or ring buoy immediately available for each boat. Persons on board PWC must wear PFD.

    Mandatory child life jacket wear law: U.S. Coast Guard approved life jacket to be worn by children less than 10 years old when aboard any watercraft while underway. Exceptions: children who are below the top deck or in an enclosed cabin / children aboard passenger vessels being operated by a licensed captain / children on a boat that is anchored for the purpose of swimming and diving.

    FishBlood&RiverMud
    Prescott
    Posts: 6687
    #1522971

    I keep my throwable out and jackets on chairs. All passengers have the option to wear it in my boat. Kids will wear it at all times. I keep pfds in the open so sheriff doesn’t even have to ask.

    Canoeing rapid rivers is about the only time I’m wearing a jacket. My personal choice I suppose. I’m young and invincible and not as smart as Brian

    Timmy
    Posts: 1291
    #1522977

    One of the best buys I have made was a navy surplus Mustang float bomber jacket. It is like wearing a winter coat. During all cold water period, it is the jacket I wear. Very comfortable and very warm, and you can not tell it is a PFD….it is just a warm coat as far as comfort goes. I need to buy some inflatables.

    Rob92761
    La Crosse WI
    Posts: 101
    #1523033

    if we need to wear seat belts! we should need life jacket! weather you can swim or not. I have said, if you can swim unconscious you don need to were your life jacket. One other thing i thing is funny is the boaters that but a life jacket on their kids but not themselves. They will get in a boating accident they drown while kids go floating down stream.

    out_fishing
    Moorhead, MN
    Posts: 1151
    #1523089

    MN all boats (except a sailboard) regardless of length (including canoes, kayaks, STAND UP PADDLE BOARDS and duck boats), there must be a readily accessible U.S Coast Guard approved Type I,11,111 or V PFD (life jacket) for each person on board.

    ——————————————————-
    Interesting I have never seen someone use a life jacket on a Paddle Board. Is this going to be the MN DNR’s cash cow this summer or what?

    FishBlood&RiverMud
    Prescott
    Posts: 6687
    #1523915

    if we need to wear seat belts! we should need life jacket! weather you can swim or not. I have said, if you can swim unconscious you don need to were your life jacket. One other thing i thing is funny is the boaters that but a life jacket on their kids but not themselves. They will get in a boating accident they drown while kids go floating down stream.

    We shouldn’t even consider putting our kids in a boat for fear of an accident.

    lhprop1
    Eagan
    Posts: 1899
    #1523922

    I keep my throwable on the throttle handle and put it over the gunwale on the outside of the boat. It’s easily accessible and out of the way.

    fishdale
    Posts: 406
    #1523929

    On the topic, I once had a CO tell me that my throwable needed to be attached to a rope. He made a good point in that saving someone would be much easier if you could pull them back in. Anyone else ever hear anything like this? Maybe he just said it as an FYI.

    In Canada we got in trouble one time for not having a “floatable rope” which as they explained is just a rope with some sort of float on the end.

    Regarding the wearing of PDF’s I don’t wear them. If I am in someone else boat and they want me to wear them then I wear them.

    PB2
    Posts: 331
    #1523931

    there you go once again we all agree on a particular topic.. rotflol

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