Section 773.5 Of Article 4. Charter Boat Safety From California Harbors And Navigation Code >> Division 3. >> Chapter 5. >> Article 4.
773.5
. The operator of a charter boat, or the operator's employee
or agent, shall require each passenger to don a life preserver under
any of the following conditions:
(a) When conditions of rough weather or heavy seas pose a threat
to the vessel or its passengers.
(b) When there is a casualty to the vessel including, but not
limited to, any of the following:
(1) Loss of watertight integrity.
(2) Loss of propulsion or steering in close proximity to a shoal
or shore.
(3) Fire at sea.
(4) When under tow.
(c) When crossing or navigating the bar or shoal at or near the
entrance of any California harbor where weather conditions, surface
current, breaking seas, or severely reduced visibility, cause an
increase in the possibility of a sudden emergency that might prevent
passengers from donning life preservers before entering the water.
(d) As used in this section:
(1) "An increase in the possibility" means a decrease in the
certainty of a reasonably prudent operator that normal operation of
the charter boat would avoid any sudden mishap.
(2) "Normal operation" means operation without resort to emergency
procedures or other extraordinary measures to maintain course.