Strange laws

[swankster]

Got pulled over last weekend in TX for sitting on the sun deck when someone was surfing. The officer did not give us a ticket but during the conversation told us it was OK to Surf and Board without a vest but we couldn't ride on the deck. We had to be in a seat. I find it strange that is was legal to be behind the boat without a vest. And, yes, our surfer had a vest on. Any other strange laws out there?

[1sicknautique]

Same thing happene to us on lake lewisville in the cove. I think they are just looking for an excuse to find something else.

[1sicknautique]

I have a lake house in the cove in highland village and ill watch them pop wakeboarders all day long from my back porch and never bother anybody else.

[AirTool]

.... We had to be in a seat. I find it strange that is was legal to be behind the boat without a vest.

In Texas,

I believe anyone behind the boat is considered a "passenger" so the rules are the same as in the boat:

a: if a person (like an adult) doesn't have to wear one in the boat, they don't have to wear one behind the boat.
b: Because a child (Under 13; 12 and under) needs one when the boat isn't moored or anchored, the child would need one behind the boat (i believe even surfing and toobing)

If the person behind the boat doesn't need to wear a vest, they still have to have one dedicated to them in the boat and it has to be USGC.

A type 4 throwable is also required in the boat.

All riders (no matter age) of a PWC must wear a vest which means all towed passengers need one as well...even adults.

[scottb7]

See below for minnesota. I think this means person being towed does not necessarily have to wear pfd, which is good since when i wear drysuit it holds enough air that i skip the jacket. But sounds like can't sit on deck while surfing, which frankly (surfing will start next year for me) I kind of looked forward to doing. I wonder if I would get warning first time or ticket and fine???

"The law does not state that PFDs must be worn, only that they are readily accessible except for personal watercraft (Wave Runners, Jet Skis, etc.) and children under 10. HOWEVER... we highly recommend that PFDs always be worn by everyone on board any boat. A U.S. Coast Guard approved PFD must be worn by a person being towed on water skis or other device, or carried in the towing watercraft.

It’s against the law to ride or sit on the gunwales, bow, transom, or decking over the bow, sides or stern
of any motorboat while underway, unless it is equipped with an adequate railing, or to
operate a motorboat while any person is so riding or sitting.

[TX-Foilhead]

He didn't give you a ticket because there's nothing that says its illegal to sit on the sunpad, gunwhale or any other place that's not a seat. Since state law doesn't mention it, cities could have that law on lakes in their jurisdiction, not sure if Lewisville would qualify for that because it's in many. Lake Austin does have a few extra laws because it is totally in the City of Austin. The life jacket thing has always been that way, the most recent change in where you need one is on a kayak, that was added last year.

In Oklahoma you do need to have a life jacket when skiing and be in a seat if the vessel is moving. From trips to Lake Murray over the years, they get a lot of 'revenue' from the out of state people with those things. Anyway, good subject, it made me read through the regs which didn't take but about a half hour to get through the ones about a driving boats.

[cham]

Here they call it transom riding and they do write tickets for it.

[jjsaustin]

I thought that if a person being towed is slower than 18mph then a life jacket is not required.

[AirTool]

I thought that if a person being towed is slower than 18mph then a life jacket is not required.

Where did you read that?

[jjsaustin]

Where did you read that?

I never read it, just heard it. Perhaps urban legend.

However, it got me searching. I cannot find anywhere in either of the publications below that mentions skiers need to have life jackets unless it is a personal watercraft (jets ski/waverunner).


http://www.tpwd.state.tx.us/publicat...l2000_0014.pdf

http://www.tpwd.state.tx.us/publicat...l2000_0001.pdf

[AirTool]

However, it got me searching. I cannot find anywhere in either of the publications below that mentions skiers need to have life jackets unless it is a personal watercraft (jets ski/waverunner).

I told you the answer (for Texas) to that already (and you are in Texas). The person being towed is considered a "passenger" and whatever rule applies to said person in the boat applies to them behind the boat (or at least being towed - jury might be out on surfing.) So: 13 and over don't have to wear one in the boat so they don't have to wear one behind the boat. 12 and under have to wear one when the vessel is not moored so they would have to wear one behind the boat. This is documented in your attachment at

31.103.(c) A person being towed on water skis, aquaplanes, or similar devices by a vessel is considered an occupant of the vessel.

There you have it.

Another reminder. 13 and over can wear a non-USCG behind the boat. But in the boat, they need to have a dedicated USCG PFD in addition to their non-USCG. 12 and under need USCG behind the boat.

[jjsaustin]

More publications, nothing stating skiers need to have lifejackets when towed behind boats.

http://www.boat-ed.com/tx/course/p4-...ngSkierSection

http://www.boat-ed.com/tx/course/p4-7_pfds.htm


The USCG only recommends that skiers wear lifejackets. I do not see where it is a law from USCG or in TX. Other states may vary.

http://www.uscgboating.org/safety/li...fe_jacket.aspx

The Coast Guard recommends and many states require wearing lifejackets:

• For water skiing and other towed activities (use a lifejacket marked for water skiing).

[AirTool]

JJS,

Clearly you can read because you're posting links to great documents.

But do you not understand I gave you the answer? ...based on "31.103.(c) A person being towed on water skis, aquaplanes, or similar devices by a vessel is considered an occupant of the vessel."

In summary:

All occupants of a PWC must wear a PFD. So every occupant being towed must also wear one.

An occupant of a boat that is 13 or over does NOT need to wear one either in the boat or towed behind it.

An occupant of a boat that is 12 and under must wear one both in the boat and being towed behind it. I also interpret from this case (12 and under) that the PFD must be USCG even when towed behind the boat. (Note I frequently break the USCG rule on public Texas waters...but have not been caught. I'll play dumb when I'm caught.)

[jjsaustin]

I missed your posts

[JG55]

Same thing happened to me on Lake Travis this summer. Had 3 kids (with lifejackets) riding on the sun deck while one of their friends was surfing. Got pulled over but no ticket.