(a) Applicability. Except for Section
of Title
146692.1 of
Title 14 of the California Code
of Regulations, these rules apply to boats on coastal waters of California as
defined in (b) (2) of this section.
(b) Definitions.
(1) "Visual distress signal" means a device
that is approved by the Commandant of the United States Coast Guard under Title
46, Code of Federal Regulations, Part 160, or certified by the manufacturer
under Title 46, Code of Federal Regulations, Parts 160 and 161.
(2) "Coastal Waters" means the high seas of
the State of California as defined in Section
of Title
146552(f) of
Title 14 of the
California Code of Regulations.
(3)
"Passenger" means every person carried on board a vessel other than:
(A) The owner or his
representative;
(B) The
operator;
(C) Bona fide members of
the crew engaged in the business of the vessel who have contributed no
consideration for their carriage and who are paid for their services;
or
(D) Any guest on board a vessel
which is being used exclusively for pleasure purposes who has not contributed
any consideration, directly or indirectly, for his
carriage.
(c)
Visual distress signals required.
(1) No
person may use a boat 16 feet or more in length or any boat carrying six or
less passengers for hire unless visual distress signals selected from the list
in paragraph (i) of this section, or the alternatives in paragraph (j) of this
section in the number required are on board. Devices suitable for day use and
devices suitable for night use, or devices suitable for both day and night use
must be carried.
(2) Between sunset
and sunrise, no person may use a boat less than 16 feet in length unless visual
distress signals, suitable for night use, selected from the list in paragraph
(i) of this section, or paragraph (j) of this section, in the number required
are on board.
(d)
Launchers. When a visual distress signal carried to meet the requirements of
paragraph (c) of this section requires a launcher to activate, then a launcher
approved under Title 46, Code of Federal Regulations, Part 160 .28, must also
be carried.
(e) Exceptions. The
following persons need not comply with paragraph (c) of this section; however,
each must carry on board visual distress signals suitable for night use,
selected from the list in paragraph (i), or paragraph (j) of this section, in
the number required, between sunset and sunrise:
(1) A person competing in any organized
marine parade, regatta, race, or similar event;
(2) A person using a manually propelled boat;
or
(3) A person using a sailboat of
completely open construction not equipped with propulsion machinery, under 26
feet in length.
(f)
Stowage. No person may use a boat unless the visual distress signals required
by paragraph (c) of this section are readily accessible.
(g) Serviceability. No person may use a boat
unless each signal required by paragraph (c) of this section is in serviceable
condition, and the service life of the signal, if indicated by a date marked on
the signal, has not expired.
(h)
Marking. No person may use a boat unless each signal required by paragraph (c)
of this section is legibly marked with the approval number or certification
statement, as specified in Title 46, Code of Federal Regulations, Parts 160 and
161.
(i) Visual distress signals
accepted. Any of the signals listed in the following table, when carried in the
number required, can be used to meet the requirements of paragraph (c) of this
section.
(1) An electric distress light
meeting the standards of 46 CFR
161.013 . One is required to meet the night
only requirement.
(2) An orange
flag meeting the standards of 46 CFR
160.072 . One is required to meet the day
only requirement.
(3) Pyrotechnics
meeting the standards noted in the following table.
|
TABLE
|
| Approved Number Under 46
CFR |
Pyrotechnic Signal
Devices |
Accepted for
Use |
Number Required to Be
Carried |
| 160.021.......................... |
Hand-Held
Red Flare Distress Signal3 |
Day and
night |
3 |
| 160.022.......................... |
Floating
Orange Smoke Distress Signals |
Days only |
3 |
| 160.024.......................... |
Pistol-Projected
Parachute Red Flare Distress Signals. |
Day and
night1 |
3 |
| 160.036.......................... |
Hand-Held
Rocket-Propelled Parachute Red Flare Distress Signals |
Day and
night |
3 |
| 160.037.......................... |
Hand-Held
Orange Smoke Distress Signals. |
Day only |
3 |
| 160.057.......................... |
Floating
Orange Smoke Distress Signals |
Day only |
3 |
| 160.066.......................... |
Distress
Signal for Boats, Red Aerial Pyrotechnic Flare |
Day and
night2 |
3 |
1 These signals require use in combination with a suitable
launching device approved under Title 46, Code of Federal Regulations, Part
160.028.
2 These devices may be either self-contained or pistol
launched, and either meteor or parachute assisted type. Some of these signals
may require use in combination with a suitable launching device approved under
Title 46, Code of Federal Regulations, Part 160.028.
3 Must have manufacturers date of October 1, 1980 or
later.
(j) Any
combination of signal devices selected from the types noted in paragraphs
(i)(1), (2), and (3) of this section, when carried in the number required, may
be used to meet both day and night requirements. Examples--the combination of
the two hand-held red flares (160.021) and one parachute red flare (160.024 or
160.036) meets both day and night requirements. Three hand-held orange smoke
(160.037) with one electric distress light (161.013) meet both day and night
requirements.
(k) Existing
equipment.
(1) Launchers manufactured before
1 January, 1981, which do not have approval numbers, are acceptable for use
with meteor or parachute signals listed in table in Section (i)(3) as long as
they remain in serviceable condition.
Notes
Cal. Code
Regs. Tit. 14, §
6692
1. New
section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment of subsection (a)(2) filed 8-28-86; effective
thirtieth day thereafter (Register 86, No. 35).
3. Amendment filed
11-25-87; operative 12-25-87 (Register 87, No. 49).
4. New
subsections (b)(3)-(b)(3)(D) filed 10-17-91; operative 11-18-91 (Register 92,
No. 30).
5. Amendment of subsections (a), (b)(2), and (c)(1),
repealer of subsection (l) and amendment of NOTE filed 7-24-96; operative
8-23-96 (Register 96, No. 30).
Note: Authority cited: Section 652, Harbors and
Navigation Code. Reference: Section 650, Harbors and Navigation
Code.
1. New section filed
1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Amendment of subsection (a)(2) filed 8-28-86; effective thirtieth day
thereafter (Register 86, No. 35).
3. Amendment filed 11-25-87;
operative 12-25-87 (Register 87, No. 49).
4. New subsections
(b)(3)-(b)(3)(D) filed 10-17-91; operative 11-18-91 (Register 92, No.
30).
5. Amendment of subsections (a), (b)(2), and (c)(1), repealer
of subsection (l) and amendment of Note filed 7-24-96; operative 8-23-96
(Register 96, No. 30).