RELATES TO:
KRS
235.205,
33 C.F.R.
83,
46 C.F.R.
25
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
235.280 requires the Department of Fish and
Wildlife Resources to promulgate administrative regulations to govern the fair,
reasonable, equitable, and safe use of all waters of Kentucky and to carry out
the purposes of KRS Chapter 235.
KRS
235.200 authorizes the department to
promulgate administrative regulations relating to safety equipment for vessels.
This administrative regulation establishes the requirements for legal boating
safety equipment in Kentucky.
Section
1. Engine Safety Equipment Requirements.
(1) Except as provided in subsection (2) of
this section, a person shall not operate a vessel with an enclosed engine
without effective U.S. Coast Guard-approved flame arresters on carburetors
pursuant to 46 C.F.R.
25.
(2) A person may operate the following
without flame arresters:
(a) An outboard
engine; or
(b) A vessel with an
engine completely open by design and not originally equipped with Underwriters
Laboratory or U.S. Coast Guard-approved flame arresters pursuant to
46 C.F.R.
25.
(3) A person shall not operate a vessel
without adequate ventilation of bilges, engine compartments, fuel compartments
or other enclosures.
(4) A person
shall not operate a vessel originally equipped with a carburetor drip pan
without the drip pan in place and maintained in a functioning
condition.
(5) A person shall not
operate vessels whose bilges are not maintained free from oil or
grease.
Section 2.
Lighting Equipment.
(1) Between actual sunset
and sunrise:
(a) Power driven boats less than
sixty-five and six-tenths (65.6) feet in length whether operating or adrift,
including sailboats operating under engine power, shall have:
1. Red and green sidelights. The red and
green sidelights shall:
a. Have a red light
indicating the port, or left side of the boat, and a green light indicating the
starboard, or right side of the boat;
b. Be visible to another boat approaching
from the side or head on;
c. Be
visible from at least one (1) mile on a clear, dark night if the boat is less
than thirty-nine and four tenths (39.4) feet in length; and
2. Either:
a. An all-around white light which shall be
higher than the sidelights; or
b.
(i) A white masthead light that shines
forward; and
(ii) A white stern
light visible from the rear of the boat.
(b) An operator of a
manually-powered vessel or sailboat less than twenty-two (22) feet, nine (9)
inches in length shall:
1. Carry aboard and
have immediately available for use a white light of sufficient intensity to
illuminate the vessel and its occupants; and
2. Display the white light in time to prevent
a collision from an approaching vessel.
(c) A person operating or responsible for a
vessel anchored in a normal navigation channel or passageway shall display a
white light visible in a 360 degree arc.
(2) Combination or separate red and green
lights shall:
(a) Have an arc of visibility
extending from dead ahead to 112.5 degrees on either side of the
vessel;
(b) Show the red light on
the port side, and the green light on the starboard side, of the vessel;
and
(c) Be visible at a distance of
at least one (1) mile on a dark night with clear atmosphere.
(3) White lights required by this
section shall be visible at a distance of at least two (2) miles on a dark
night with clear atmosphere.
(4) On
a vessel under way between sunset and sunrise, an operator shall not display
other lights which could be mistaken for the lights specified in this
section.
Section 3.
Signaling Devices.
(1) An operator of a Class
1 or larger vessel shall have on board a hand-, mouth-, or power-operated
signaling device:
(a) Capable of producing a
blast of two (2) seconds duration; and
(b) Audible for:
1. One-half (1/2) mile for Class 1
vessels.
2. One (1) mile for Class
2 vessels.
3. One and one-half
(1-1/2) miles for Class 3 vessels.
(2) Nothing in this administrative regulation
shall exempt a vessel from additional sound devices required by the U.S. Coast
Guard pursuant to 33 C.F.R.
83.
Section 4. Personal Flotation Devices.
(1) Pursuant to
46 C.F.R.
25, an operator of a Class 1, 2, or 3
recreational vessel shall have on board a minimum of:
(a) One (1) wearable personal flotation
device for each person on board the vessel; and
(b) Except for canoes or kayaks, one (1)
throwable personal flotation device per vessel.
(2) An operator of a Class A recreational
vessel shall have on board for each person a minimum of one (1) wearable
personal flotation device.
(3) Each
wearable personal flotation device shall be:
(a) Approved by the U.S. Coast Guard pursuant
to 46 C.F.R.
25;
(b) In good and serviceable
condition;
(c) Of appropriate size
for the wearer;
(d) Readily
accessible;
(e) Used in accordance
with any requirements on the approval label; and
(f) Used in accordance with any requirements
in its owner's manual if the approval label refers to the a manual.
(4) A throwable personal flotation
device shall be immediately available for use.
(5) The following shall be exempt from the
personal flotation device requirements of this section:
(a) Manually propelled racing vessels;
or
(b) Sailboards.
Section 5. Fire
Extinguishers.
(1) Pursuant to
46 C.F.R.
25, an operator of a vessel which contains
either butane gas, propane gas, kerosene, gasoline, or a petroleum-consuming
device shall have the following on board:
(a)
For a Class A or Class 1 vessel, one (1) B-1 fire extinguisher;
(b) For a Class 2 vessel:
1. With fixed systems, one (1) B-1 fire
extinguisher;
2. Without fixed
systems, two (2) B-1 fire extinguishers;
(c) For a Class 3 vessel with fixed systems:
1. Two (2) B-1 fire extinguishers;
or
2. One (1) B-2 fire
extinguisher; or
(d) For
a Class 3 vessel without fixed systems:
1.
Three (3) B-1 fire extinguishers; or
2. One (1) B-1 and one (1) B-2 fire
extinguisher.
(2) An operator shall:
(a) Maintain fire extinguishers in workable
condition; and
(b) Have fire
extinguishers available for immediate and effective use.
Section 6. An operator shall not
display flashing, rotating, or oscillating red lights on a vessel except for a
vessel operated:
(1) For the purpose of
firefighting or rescue by the U.S. Coast Guard;
(2) By the Commonwealth of
Kentucky;
(3) By a county
government;
(4) By a city
government; or
(5) By another
government agency.
Section
7. Vessels Without Required Safety Equipment.
(1) If a department conservation officer
observes a vessel operating without the safety equipment established in this
administrative regulation, the operator shall be directed to take whatever
immediate and reasonable steps are necessary to correct the deficiency,
including returning to a mooring until the situation creating the unsafe
condition is corrected.
(2) If a
vessel is directed to return to a mooring, the officer shall affix a notice to
the vessel:
(a) Indicating the nature of the
unsafe condition; and
(b) Requiring
its correction before the vessel is further operated.