Boat Excursions Raise the Darndest Questions

Published for NC Criminal Law on May 29, 2014.

They say the only thing better than having a boat is having a friend with a boat.  In my case, that friend is my brother-in-law, who not only has a boat, but also is a stickler for boating safety.  That didn’t stop my kids, however, from questioning his every move over Memorial Day weekend.  He knew all of the answers off the top of his head, but I had to look up the statutory citations.  In the event you are lucky enough to have a friend or close relative with a boat (or to own one yourself), here is what we learned. 1. Why is Uncle Ricky counting all of the life vests?  State Wildlife Resources Commission regulations adopted pursuant to G.S. 75A-6 require that one personal flotation device be on board and readily accessible for each person aboard the vessel before it may be operated on the waters of the State.   15A NCAC 10F .0201(b)(1). The personal flotation devices must be in serviceable condition; of appropriate size and fit for the intended wearer; approved by the United States Coast Guard; and legibly marked with its approval number.  Id.(b)(5). 2. Why do I have to wear my life vest?  You aren’t wearing yours, mom.  Any child under 13 years old who is aboard a non-commercial vessel that is underway (meaning that the vessel is not at anchor, made fast to the shore, or aground) must wear an appropriate personal flotation device approved by the Coast Guard.  The rule does not apply [...]