PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Require the Use of Personal Flotation Devices in Canoes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13068-A, sub-§4, ¶A, as enacted by PL 2003, c. 655, Pt. B, §380 and affected by §422, is amended to read:
 
A. A person operates a watercraft without proper safety equipment if the person operates a watercraft and:
 
(1) Fails to comply with the same requirements pertaining to lights, life-saving devices, fire extinguishers and other safety equipment as required by federal laws and regulations on federal navigable waters, as promulgated under the Federal Boat Safety Act of 1971, Public Law 92-75, as amended;
 
(2) Fails to comply with requirements pertaining to additional equipment not in conflict with federal navigation laws, which the commissioner may prescribe if there is a demonstrated need;
 
(3) Fails to wear a Coast Guard approved Type I, Type II or Type III personal flotation device while canoeing or kayaking on the Saco River between Hiram Dam and the Atlantic Ocean between January 1st and June 1st; or
 
(4) Fails to wear a Coast Guard approved Type I, Type II, Type III or Type V personal flotation device while operating a watercraft on:
 
(a) The Penobscot River, between the gorge and the head of Big Eddy; or
 
(b) The Kennebec River, between Harris Station and Turtle Island, at the foot of Black Brook Rapids.
Sec. 2.  12 MRSA §13068-A, sub-§17  is enacted to read:
 
17.  Safety requirements for canoes.     The following provisions apply to operating or being a passenger in a canoe.
 
A.  A person may not operate or be a passenger in a canoe unless the person is wearing a Coast Guard approved Type I, Type II or Type III personal flotation device.
 
B.  The following penalties apply to violations of this subsection.
 
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
 
(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
 
SUMMARY
This bill requires the use of a Coast Guard approved Type I, Type II or Type III personal flotation device while canoeing.