Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
jellyworker, slugtooth, Sineypem, KCK, radiomangrant
105927 Registered Users
Top Posters
TexDawg 86367
hopalong 78625
Pilothawk 75181
JDavis7873® 67382
John175 ® 65077
FattyMcButterpants 60793
Derek 🐝 58509
Tritonman 57653
LoneStarSon® 53416
SkeeterRonnie 53014
facebook
Forum Stats
105927 Members
60 Forums
804996 Topics
10174123 Posts

Max Online: 36273 @ 01/23/13 02:34 PM
Page 1 of 2 1 2 >
Topic Options
#12352308 - 07/21/17 06:48 PM PSA Concerning Recreational Use of Inflatable PFDs by Fishermen
Flippin-Out Offline
Extreme Angler

Registered: 02/25/15
Posts: 1822
Loc: Magnolia, TX
I chose to post this under bass fishing with the hope of reaching the most anglers who could be affected. The hope is to help save some $$$ if you haven't violated state statutes.

There have been discussions from time-to-time about the recreational use of inflatable PFDs by fishermen in bass boats. To insure that the proper boundaries are noted, please see that I'm basically talking about how many of us bass fish - from a traditional bass boat (not canoe, PWC, or kayak, which are not covered here). This discussion is only for Type II or Type III inflatable PFDs. Typical Type V inflatable PFDs fall under must-wear requirements and are not part of this discussion.

Many of today's high-quality inflatable PFDs are USCG certified as Type II or Type III. They are allowed as legal Recreational PFDs for adults in certain activities if they are of proper fit and serviceable (this means they must be "armed" and show "green" on the status indicator). It is common for them to be restricted from use for watersports (skiing, for instance) or PWC. Bass fishermen on a bass boat don't violate they typical restrictions. So, you should be good to go, right?

It has come to my attention that at least one officer in the state of Texas didn't think so. He informed a bass fisherman that the Type III inflatable PFD didn't satisfy the state requirement unless it was WORN. He issued a rather pricey citation denoting this. That case has now been through the court system where the prosecutor and TPWD officer were unable to identify any statue requiring that such a PFD must be worn in order to satisfy the PFD requirement. As with inherently buoyant vests, it must be readily accessible for use, i.e., typically meaning not in a locked compartment. But, there's no requirement stating you must have it on.

There is no publicly available data showing how many such citations may have been issued without merit, and it's impossible to tell if the officer will actually cease to issue such citations. (The next citation recipient would have no way of knowing a similar prior case was not supported by statute.) Many of us assume we've been "caught" and simply pay the fine and go on. This message is meant to advise you to check closely before you hand over your cash. The state isn't always right, as was learned in this case.

I admit it's a good idea to have it on as much as possible, but we shouldn't be given citations for something that's not illegal.

Top
#12352378 - 07/21/17 07:19 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Fishspanker Offline
TFF Celebrity

Registered: 01/19/08
Posts: 6877
Loc: Island of Jeff (Humble)
It's a common misconception that they must be worn. It depends on what the devices label says. I keep a regular vest for each inflatable just to avoid the hassle of a law enforcement or game warden not knowing the law.

There are some inflatables that must be worn to be legal. Typically they are the non-autoinflate type.


Edited by Fishspanker (07/21/17 07:21 PM)
_________________________
A Nation of Sheep will soon have a government of Wolves.

Top
#12352391 - 07/21/17 07:29 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Flippin-Out Offline
Extreme Angler

Registered: 02/25/15
Posts: 1822
Loc: Magnolia, TX
The actual USCG legal definition of Type II and Type III makes no reference to whether the PFD might be inherently buoyant or inflatable, nor does it ever mention any difference in whether it is worn or not. (Texas adopts the USCG rule on PFD requirements.) There is no such thing as a "Type II or Type III PFD that must be worn for recreational fishing from a boat use." In other words, it's Type II or it isn't; it's Type III, or it isn't. That it may need to be worn to BE Type II or Type III is not comprehended by the law. For this reason, there is't a vest labelled as Type II or Type III that will say it must be worn to count.

For recreational use, only the special Type V category DOES comprehend the concept that the PFD must be WORN to count as a Type II or Type III device. That is exactly why the Type V definition was developed.

Top
#12352586 - 07/21/17 09:45 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
jaybo Offline
Outdoorsman

Registered: 07/13/12
Posts: 26
Game wardens on rayburn or saying samet thing that they have to be worn at all time.

Top
#12352760 - 07/22/17 02:17 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Jobucko Offline
Outdoorsman

Registered: 06/06/11
Posts: 95
Flippin-Out
Do you know the specific court case involved? It could save a lot of time and money(lawyer's fees) if that could be referenced should someone find themselves in the same situation.

Top
#12352984 - 07/22/17 09:15 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Mark Perry Online   content


Registered: 01/09/04
Posts: 51140
Loc: Highway 1
Respectfully "the I read it on the internet" defense will not be mine. I am on tbe water to fish, not debate interpretations of the law. My time and my money are more important to me than being "right". I keep a few cheapo traditional PFDs in my boat and just wear my inflateables. Way simpler than arguing on the water or going to the expense of proving I am right.

Top
#12353030 - 07/22/17 09:57 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Mark Perry]
LittleGazoo Offline
Pro Angler

Registered: 10/22/10
Posts: 853
Loc: Big Sandy, TX
Originally Posted By: Mark Perry
Respectfully "the I read it on the internet" defense will not be mine. I am on tbe water to fish, not debate interpretations of the law. My time and my money are more important to me than being "right". I keep a few cheapo traditional PFDs in my boat and just wear my inflateables. Way simER than arguing on the water or going to the expense of proving I am right.

+1

Some inflatable's labels state Type V with performance of Type II or III.


Edited by LittleGazoo (07/22/17 10:00 AM)

Top
#12353073 - 07/22/17 10:33 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
beartrap Offline
Pro Angler

Registered: 11/05/11
Posts: 590
Loc: south georgia
back in March,I got checked by 4 game wardens on Falcon...they checked licenses and boat registration plus they checked life jackets,throw cushions and fire extnguisher....
obviously they are not only concerned about fishermen having the correct licenses and registration but they have a concern about the fisherman's safety by requiring lifejackets etc.....
with falling water on Falcon lake,the submerged bridge in the Velleno river poses a real navigation and boater safety hazard....does anybody else find it ironic that game wardens have done nothing and private citizens are having to place warning buoys on the end of the bridge?

incidentally the game wardens that checked me never bothered to look in my live wells...somehow I thought protecting and enhancing the hunting/fishing was the #1 priority of every employee in the game and fish dept of every state...

Top
#12353131 - 07/22/17 11:24 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Bassin Fever Offline
Pro Angler

Registered: 01/30/06
Posts: 777
Loc: Colorado City
Wife and I got chastised on lake Ivie during a couples tournament for not wearing our inflatables. They were the automatic kind that definitely will inflate when they hit the water. I tried it once so I know. All we have to do is just replace the little CO2 cartridge when they are inflated. I had the other regular life vests in the boat in a compartment that I pulled out so they didn't give us a ticket but did tell me that the life vests we had sitting in the seat must be worn at all times ( the self inflatable type). The tournament rules only stated when the big motor is on does the life jacket have to be on, so dumb us pulled the vest off and left them in the seat while we were fishing. We bought them from Bass Pro in Arlington and they told us we didn't have to wear them all the time. Why we paid more for the automatic ones than the self pull the little yellow handle ones.
We quit using them and took them out of the boat because of those two wardens. We went back to the vests type with the foam built in.
_________________________
"Get the Net"
sillejr@wtconnect.com

Top
#12353157 - 07/22/17 11:54 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
9094 Offline
TFF Celebrity

Registered: 08/11/09
Posts: 7002
Loc: Albany
I keep regular pfds in the boat for a couple reasons.
I learned by experience how uncomfortable inflatable vest are when inflated. So just in case I fall over and mine inflates I can wear a regular one the rest of the day.
Never hurts to have a backup.

I don't don't biatch about GW doing there job. The same people on here that complain about them are the first whiners to call them when a dock owner chases them off or a jet ski bugs them.


Edited by 9094 (07/22/17 11:58 AM)

Top
#12355686 - 07/24/17 11:58 AM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Big Red 12 Offline
TFF Guru

Registered: 04/21/05
Posts: 45445
Loc: Crandall, TX
I also keep 3 regular PFDs available in my boat so we can take the Mustang Elite with HIT technology inflatables off while fishing.
_________________________
www.SteveHodge.org
www.funnsunboats.com

Top
#12355734 - 07/24/17 12:27 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
Chris Coufal Offline
Extreme Angler

Registered: 09/04/09
Posts: 1432
Loc: Austin, Tx
I keep 4 regulars in my boat all the times. Right after I bought my boat, I was out and had my inflatable on deck and got stopped by 3 wardens (fishing, not running). Told me I had to be wearing the inflatable. I explained to him that I had 4 regular ones below deck and he told me I either needed to put my inflatable on, or remove a regular from below deck and have it above for use if needed.

He was a tool.....he then proceeded to drill me as to why I had LA numbers on the side of my boat. I explained to him that I had purchased the boat, filled out all the paper work and was waiting on my sticker and TX numbers. I showed him a bill of sale (dated) and insurance card. He told me this wasn't good enough and that I needed to prove I owned the boat. This turned into a 20 minute lecture...LOL Obviously it was training day because the two other wardens never said a word....just sat and observed.

I appreciate having the law on the water and all they do to keep us safe and unsafe individuals from being out there, however they need to keep up to date with the laws.
_________________________
-Chris-



Top
#12355874 - 07/24/17 02:04 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
T Bird Offline
TFF Team Angler

Registered: 03/07/10
Posts: 4778
Loc: Temple, Texas USA
Inflatables not cost effective to purchase or maintain.

Top
#12355891 - 07/24/17 02:16 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: T Bird]
David Welcher Offline
Extreme Angler

Registered: 06/02/10
Posts: 1716
Loc: Weatherford
Originally Posted By: T Bird
Inflatables not cost effective to purchase or maintain.
When you carry $80,000 dollars worth of tackle in your boat every inch of space counts! LOL!

Top
#12355899 - 07/24/17 02:20 PM Re: PSA Concerning Recreational Use of Inflatable PFDs by Fishermen [Re: Flippin-Out]
buda13 Online   happy


Registered: 07/02/04
Posts: 17411
Loc: NRH, TX
Seems like a pretty simple thing to follow... if you have an inflatable it must be on to be counted as a life jacket on board. Keep a few "regular" lifejackets in the boat then it doesn't matter if you have an inflatable on or have it sitting in the seat you will not be illegal. Despite a few posters above being hassled a little about not having their inflatable on none of them received a citation that had other regular lifejackets in the boat. So would it be easier to simply have a few regular life jackets in the box than argue the legal statutes with the most powerful law enforcement officer in Texas? I'm going with yes.

I understand that the OP said there was a court case about this, but think about the worst case scenario... you have a winning sack of fish in a big tournament, warden pulls up to check you and another competitor sees you get a citation. Whether its right or wrong you have been issued a ticket for not having your inflatable on and no additional life jackets in the boat... which means you have broken a Federal or State Law according to the warden. When the other anglers that saw you get the ticket notice you have a sack at weigh in they take a piece of paper and write a formal protest and give it to the TD. Boom, from winning bag of fish to DQ just like that. Moral of the story... if you wear inflatable life jackets make sure you have plenty of regular lifejackets also onboard the boat. Until the law is made crystal clear to the officers why take a chance of getting cited? I highly doubt "I read a post on the TFF about a court case regarding this law" is going to be sufficient to clear up the issue with no citation.
_________________________








Top
Page 1 of 2 1 2 >



© 1998-2017 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide