Ch. 458

2004 LAWS OF MARYLAND

(3)     "Personal flotation device" means a Type I, II, OR III[, or V] U.S.
Coast Guard approved personal flotation device that is:

(i) The proper size for the child; and

(ii) In good and serviceable condition.

(4)     (I) "Vessel" means:

[(i)] 1. A vessel used for recreational purposes; or

[(ii)] 2. A vessel leased, rented, or chartered for noncommercial
use.

[(5)] (II) "Vessel" does not include a vessel carrying passengers for hire
under the command of an individual licensed by the U.S. Coast Guard to carry
passengers for hire, or a vessel displaying a valid seafood harvester's license number
while engaged in the harvesting of seafood for sale.

(b)     (1) A person may not operate or permit the operation of a vessel under 21
feet in length while there is present in the vessel a child not wearing a personal
flotation device which is securely and properly attached to the child.

(2) IF THE CHILD IS UNDER THE AGE OF 4 YEARS, THE PERSONAL
FLOTATION DEVICE SHALL MAY FEATURE ADDITIONAL SAFETY PRECAUTIONS, AS
APPROPRIATE FOR AN INFANT, TODDLER OR YOUNG CHILD, SO AS TO:

(I)      HOLD THE CHILD SECURELY WITHIN THE PERSONAL
FLOATATION DEVICE, INCLUDING A STRAP THAT IS SECURED BETWEEN THE CHILD'S
LEGS TO FASTEN TOGETHER THE FRONT AND BACK OF THE PERSONAL FLOTATION
DEVICE;

(II)     MAINTAIN THE BUOYANCY OF THE CHILD, INCLUDING AN
INFLATABLE HEADREST OR HIGH COLLAR; OR

(III)   ENSURE THE READY ACCESSIBILITY OF THE CHILD FROM THE
VESSEL, INCLUDING A WEB HANDLE.

(c)      Subsection (b) does not apply to:

(1)     A vessel that is moored or anchored; or

(2)     A child who is below deck or in an enclosed cabin.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Natural Resources

8-743.

(a) (1) In this section the following words have the meanings indicated.
(2) "Child" means an individual who:

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