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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
BILL
NUMBER: ENROLLED Senate Bill 703
TOPIC: Marine Safety – personal watercraft PFD requirements
for children
SPONSOR: Michelle
McManus
CO-SPONSORS: Alan L
Cropsey, Patricia L Birkholz, Valde Garcia, Bill Hardiman,
Jason Allen, Ron Jelinek, Nancy Cassis
COMMITTEE: Natural
Resources and Environmental Affairs
Analysis Done: February
27, 2004
POSITION
The
Department supports this legislation with amendment.
PROBLEM/BACKGROUND
Under
current personal watercraft law, persons 12 years of age or older may wear
either a Type I, II or III personal flotation device (PFD), however, anyone
less than 12 years of age is restricted to wearing either a Type I or II. Type I and II PFDs sized properly for
children under 12 years of age can be extremely difficult to find or
nonexistent. Type III PFDs for children
are a safe device and should be allowed by law.
A
similar situation exists under Part 801, “Marine Safety,” of 1994 PA 451 which
requires a person less than 6 years of age in an open deck on board a vessel to
wear a Type I or II PFD. These PFDs can
also be extremely difficult to find or nonexistent. We would recommend the following amendment to
section 80142, subsection (1) as follows:
“Except
as provided in subsection (3), a person shall not operate a vessel on the
waters of this state unless each person in an open deck area on board the
vessel who is less than 6 years of age is wearing a type I, or type II, or type III, that is not an inflatable personal
flotation device as described in R 281.1234 of the Michigan administrative code.”
DESCRIPTION OF BILL
Senate
Bill 703 would amend Part 802, “Personal Watercraft,” of 1994 PA 451 to allow
the use of Type III personal flotation devices by children under 12 years of
age. This amendment would be sunset five
years after its effective date and the Department will be required to report
annually on accident rates related to the use of personal watercraft including
injuries that resulted and the type of personal flotation devices that were
being used.
The
current authority to regulate personal watercraft, Act 229 of 2000, includes a
sunset date of
SUMMARY OF ARGUMENTS
Pro
Type
III personal floatation devices are designed and rated to be safe for this type
of marine activity by children. Type III
devices are more readily available in sizes designed to be used by children of
all ages under 12 and are often more economically priced than Type I and II
personal floatation devices. In
addition, Type III devices are usually more comfortable for the wearer and
therefore more apt to be worn.
Con
Type
I and II personal floatation devices are designed to turn an unconscious person
face up in the water without assistance.
Type III devices do not have this feature, but those under 12 years of
age are required to be riding with an older and responsible operator.
FISCAL/ECONOMIC
IMPACT
Are there revenue or budgetary implications in the
bill to the --
Budgetary:
None
Revenue:
None
Comments:
None
Budgetary:
None
Revenue:
None
Comments:
None
Comments:
None
OTHER STATE DEPARTMENTS
None
ANY OTHER PERTINENT INFORMATION
The
United States Coast Guard has contacted the Department of Natural Resources and
expressed support for allowing Type III use by children.
ADMINISTRATIVE
RULES IMPACT
None
_______________________________
K. L. Cool
Director
_______________________________
Date
LE/
