Auwrxa-I'.TEXAU 78711
December 29, 1971
Honorable James U. Cross Opinion NO. ~-1032
Executive Director
Parks and Wildlife Re: Whether a U.S. Coast
Department Guard life saving device
John H. Reagan Building is required by law for
Austin, Texas 78701 every person aboard a
motorboat, and related
Dear Mr. Cross: questions.
You requested our opinion in regard to the interpreta-
tion of Article 1722a, Vernon's Penal Code, as amended by
'Senate Bill 331, 62nd Legislature, Regular Session, 1971 (ch.
719, p. 2355), which reads as follows:
"(f) Every motorboat shall carry at least
one (1) life preserver, or life belt, or ring
bow, or other device of the sort prescribed by
the regulations of the Commandant of the Coast
Guard for each person on board, so placed as
to be readily accessible. Provided, that every
motorboat carrying passengers for hire shall
carry so placed as to be readily accessible
at least one (1) life preserver of the sort
prescribed by the regulations of the Commandant
of the Coast Guard for each person on board.
Provided further, that the operator of every
Class A and Class 1 motorboat, while underway,
shall require every passenger 12 years of age
or under at all times to wear a life pre-
server of the sort prescribed by the regula-
tions of the Commandant of the Coast Guard;
and that only a life preserver, not a life
belt or ring buoy, will satisfy this require-
ment."
You ask three questions:
First: "Is a U.S. Coast Guard approved life
saving device required on all motor-
boats for each person aboard?" Our
answer is Yes.
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Honorable James U. Cross, page 2 (M-1032)
Second: "Are all U.S. Coast Guard approved
life saving devices required to have
the approval number affixed thereon?"
Our answer is Yes.
Third: "Are other devices similar to approved
life saving devices of the sort pre-
scribed by the regulations of the
Commandant of the Coast Guard acceptable
on motorboats for enforcement purposes?"
Our answer is No.
Our interpretation of Section 7, Subsection (f) of Article
1722a, Vernon's Penal Code, as amended by Senate Bill 331, is
that a U.S. Coast Guard approved life saving device is required
for every person aboard a motorboat. See Attorney General
Opinion No. M-960 (1971).
Further, our opinion is that every life saving device
must bear a statement that the device is approved by the Coast
Guard, and include the approval number issued by the Coast Guard.
This statement may be imprinted on the life saving device or on
a label attached to the life saving device. The phrase, ". . .
of the sort prescribed by the regulations of the Commandant of
the Coast Guard. . rris interpreted as meaning that only the
devices approved by-&e regulations of the Commandant of the
Coast Guard are legal.
Article 1722a, V.P.C., both before and after the 1971
amendments, is the Water Safety Act. To answer these three (3)
questions any other way would be to go outside the clear
language of the Act and violate the ultimate purpose of safety
for all persons riding in motorboats or vessels.
SUMMARY
Article 1722a, V.P.C., requires, among other
things, all motorboats or vessels to have at least
one safety device for each person on board, and
this safety device must have a statement of approval
by the Coast Guard.
~7
Vek$ truly ypurs,
Attpney General of Texas
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. -
Honorable James U. Cross, page 3 (M-1032)
Prepared by Jerry H. Roberts
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Dunklin Sullivan
Bill Flanany
James Quick
Harriet Burke
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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