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#3856418 - 08/24/09 04:50 PM
Anyone stopped for not wearing their Type V....
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Extreme Angler
Registered: 09/26/07
Posts: 1638
Loc: Joshua, TX
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Has anyone been stopped by a Game Warden for not wearing their Type V PFD while trolling or drifting?
According to the law, the Type V must be worn to qualify as a PFD AND they must be worn while underway, which means not at anchor..made fast to the shore..or aground.
Edited by Dwight (08/24/09 04:55 PM)
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#3856852 - 08/24/09 06:51 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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Pro Angler
Registered: 06/04/09
Posts: 832
Loc: nw Harris County
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Dwight, according to the TPWD website only persons under 13 years of age, in vessels under 26 ft in length are required to wear an approved PFD while underway. Maybe I missed something, but I don't think so. Check it out. If you got a ticket, it should be thrown out by the judge. Unless the kind you showed him is the throwable,or cushion type, and you did not have the wearable type? I did not see anything about that.
Edited by 1097fisherman (08/24/09 06:54 PM)
_________________________
Ray Nicholas noli illegitimi carborundum
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#3856910 - 08/24/09 06:59 PM
Re: Anyone stopped for not wearing their Type V....
[Re: quit]
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Pro Angler
Registered: 06/04/09
Posts: 832
Loc: nw Harris County
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Well, I went back to the tpwd website, and sure enough, the type V hybrid must be worn to be counted.
Edited by 1097fisherman (08/24/09 07:01 PM)
_________________________
Ray Nicholas noli illegitimi carborundum
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#3856955 - 08/24/09 07:08 PM
Re: Anyone stopped for not wearing their Type V....
[Re: quit]
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Extreme Angler
Registered: 09/26/07
Posts: 1638
Loc: Joshua, TX
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I was lucky and didn't get a ticket. The label of my Mustang PFD states it is a Type II for recreational purposes and a Type V for commercial purposes. I didn't argue with the Game Warden, didn't want to push my good luck.
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#3857302 - 08/24/09 08:23 PM
Re: Anyone stopped for not wearing their Type V....
[Re: The Fishing Physicist]
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Extreme Angler
Registered: 09/26/07
Posts: 1638
Loc: Joshua, TX
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The GW never looked at the label on the PFD to verify the Type. I may swing by the local TPWD office sometime this week and ask a GW his opinion on the PFD and how it relates to the current regulations.
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#3857500 - 08/24/09 09:07 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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Angler
Registered: 05/08/08
Posts: 388
Loc: Converse, TX
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Seems like if you had a couple of regular vests on the boat somewhere you would meet the regulation; don't have to actually wear them.
Edited by safisher (08/24/09 09:07 PM)
_________________________
 2002 Sailfish 188 CC Yamaha 115 2-stroke Magic Tilt Magic Trail ALS1928 trailer
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#3858066 - 08/24/09 11:37 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Whisker Wrangler]
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Extreme Angler
Registered: 04/13/09
Posts: 1037
Loc: Denton, TX
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Wait I am confused... so if I take my boat out to the lake, and drive around, and stop and fish, do I actually have to be wearing a life jacket??? I thought you just had to have them in the boat just in case??? I have been stopped by the GW before in the middle of the lake, and I wasnt wearing a life jacket,, and I have never seen anyone wear a life jacket on the lake before except kids.. Still confused..do you have to be wearing while trolling/drifting? and NOT while motoring? thismakes no sense
_________________________
 "If the rule you followed brought you to this, of what use was the rule?"-Anton Chigurh
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#3858108 - 08/25/09 12:14 AM
Re: Anyone stopped for not wearing their Type V....
[Re: krypto357]
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Extreme Angler
Registered: 04/13/09
Posts: 1037
Loc: Denton, TX
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"Lifesaving Devices (PFDs) All Personal Flotation Devices (PFDs) must be U.S. Coast Guard approved, in serviceable condition, readily accessible, and of the appropriate size for intended user. All children under 13 years of age in motorboats under 26 feet in length must wear a U.S. Coast Guard approved PFD while underway. Underway means not at anchor, made fast to the shore, or aground. All vessels, including canoes and kayaks, must be equipped with one Type I, II, III or V wearable PFD for each person on board. A Type V PFD is acceptable only if used in accordance with the specific instructions on the label of the device.Vessels 16 feet and longer, excluding canoes and kayaks, are required to be equipped with one Type IV throwable PFD in addition to the Type I, II, III, or V PFD required for each person on board. Inflatable PFDs are authorized only when used in accordance with requirements as presented on U.S. Coast Guard approval labels. Inflatable PFDs are not approved for use on personal watercraft, waterskiing, or other high speed activity." TXPWD Boating Safety Digest Cannot find where it is required to be worn by adult while drifting
Edited by krypto357 (08/25/09 12:15 AM)
_________________________
 "If the rule you followed brought you to this, of what use was the rule?"-Anton Chigurh
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#3858114 - 08/25/09 12:19 AM
Re: Anyone stopped for not wearing their Type V....
[Re: krypto357]
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Extreme Angler
Registered: 04/13/09
Posts: 1037
Loc: Denton, TX
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They may be carried instead of another PFD only if used according to the approval condition on that label; often stipulating that they be worn.
Ah, I get it
_________________________
 "If the rule you followed brought you to this, of what use was the rule?"-Anton Chigurh
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#3858464 - 08/25/09 07:55 AM
Re: Anyone stopped for not wearing their Type V....
[Re: krypto357]
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Pro Angler
Registered: 06/04/09
Posts: 832
Loc: nw Harris County
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One place in the website says type V must be used in accordance with label, and another place (where little pictures are shown for each type) says must be worn to be counted. Somewhat contradictory. We are talking about only type V - inflatable- so don't be mislead to think you have to wear other approve types to be legal. You just have to have them on board and within easy reach. Except kids under 13 must wear a pfd while underway. I don't know for sure, but I suppose the reasoning is that an inflatable pfd does not float until inflated by the wearer?
_________________________
Ray Nicholas noli illegitimi carborundum
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#3858652 - 08/25/09 08:48 AM
Re: Anyone stopped for not wearing their Type V....
[Re: krypto357]
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Angler
Registered: 08/03/06
Posts: 373
Loc: red rock, texas
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they finally are gonna make you wear a seat belt in the back seat. next will be a life jacket all the time. it makes good sense to wear a life jacket while underway, but it should be up to each individual. this is supposed to be a free country. if it is your turn to go i think it is out of your hands. by the way, i do wear an inflatable while under way.
_________________________
REDNECK, and proud of it. Reel Rednecks fishing team. South Texas Catfish Assoc.
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#3858794 - 08/25/09 09:27 AM
Re: Anyone stopped for not wearing their Type V....
[Re: buda13]
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Extreme Angler
Registered: 08/09/08
Posts: 1390
Loc: McKinney, TX
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If you have an inflatable life jacket (ie Mustang ect...) it can only be counted as a life jacket on the boat if you are wearing it. example...
If there are 2 people on the boat and you have one inflatable and one regular lifejacket on board the boat and the inflatable is not being worn you are illegal.
If 2 people on are the boat and you have 2 regular lifejackets on the boat and an inflatable thats not being worn you are legal.
I understand in theory, but I am totally confused in reality.  Is this when the boat is motoring, drifting, trolling, or anchored? And does the law change in each of these 4 instances. Here's why it doesn't make sense to me: I watch a lot of fishing on tv on WFN, and VS. Like: Bass Champs, FLW Tour, Scott Martin Challenge, and etc . . . . . Are you guys saying that alot of these shows and tournements that are being filmed and people like me watching them, are showing (during a tournament) people breaking the law. Here's what I mean, most of the bass pro's have Mustang's on while motoring, and you see them pull up to a spot, take off the Mustang, lay it on there seat or floorboard, pull out the trolling motor, and start trolling around fishing. Is this considered "underway" or "drifting". Can't be, otherwise you'd have Game Wardens at the tournaments handing out tickets by the hundreds. Doesn't make any sense. If there were laws being broken here, tournaments would be on top of it, right?
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#3858952 - 08/25/09 10:07 AM
Re: Anyone stopped for not wearing their Type V....
[Re: safisher]
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TFF Team Angler
Registered: 09/11/02
Posts: 4747
Loc: Dallas, TX.
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Seems like if you had a couple of regular vests on the boat somewhere you would meet the regulation; don't have to actually wear them. BINGO!!! As goofy as it sounds a Game Warden told me. Having an inflatable in your boat only counts if your wearing it at all times. To get around that just have a type 4 on board for everyone that is using an inflatable. IT JUST HAS TO BE ON BOARD.
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Proud Father, Sons Served their country   RHBC VP
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#3858957 - 08/25/09 10:08 AM
Re: Anyone stopped for not wearing their Type V....
[Re: jeepthing]
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TFF Team Angler
Registered: 09/11/02
Posts: 4747
Loc: Dallas, TX.
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If you have an inflatable life jacket (ie Mustang ect...) it can only be counted as a life jacket on the boat if you are wearing it. example...
If there are 2 people on the boat and you have one inflatable and one regular lifejacket on board the boat and the inflatable is not being worn you are illegal.
If 2 people on are the boat and you have 2 regular lifejackets on the boat and an inflatable thats not being worn you are legal.
I understand in theory, but I am totally confused in reality.  Is this when the boat is motoring, drifting, trolling, or anchored? And does the law change in each of these 4 instances. Here's why it doesn't make sense to me: I watch a lot of fishing on tv on WFN, and VS. Like: Bass Champs, FLW Tour, Scott Martin Challenge, and etc . . . . . Are you guys saying that alot of these shows and tournements that are being filmed and people like me watching them, are showing (during a tournament) people breaking the law. Here's what I mean, most of the bass pro's have Mustang's on while motoring, and you see them pull up to a spot, take off the Mustang, lay it on there seat or floorboard, pull out the trolling motor, and start trolling around fishing. Is this considered "underway" or "drifting". Can't be, otherwise you'd have Game Wardens at the tournaments handing out tickets by the hundreds. Doesn't make any sense. If there were laws being broken here, tournaments would be on top of it, right? Different States Different Rules
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Proud Father, Sons Served their country   RHBC VP
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#3858958 - 08/25/09 10:09 AM
Re: Anyone stopped for not wearing their Type V....
[Re: jeepthing]
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Pro Angler
Registered: 05/20/08
Posts: 682
Loc: Lake Worth/Marine Creek Lake E...
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Great point. Can't wait for the correct response....
Tommy Morton Media Bass East Texas Teams Tournament Director President, White Settlement Bass Club
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#3859486 - 08/25/09 11:40 AM
Re: Anyone stopped for not wearing their Type V....
[Re: jeepthing]
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Pro Angler
Registered: 08/15/04
Posts: 757
Loc: texas
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As long as you have regular life jackets tucked away on board for every person in the boat it doesn't matter if your wearing your inflatable or not. Its like its an extra so it doesn't really matter and you do not have to be wearing your regular life jackets ever, just have them in the boat and "easily accessible" Now IF you are on the water and only have the inflatable and no regular lifejackets on board or not enough for everyone then you have to be wearing it for it to count towards your lifejacket total. I imagine that a lot of the pros on the bass and flw have regular jackets tucked away on board in a compartment and they wear the inflatable for convenience and then they can take it off whenever and still be legal.
Basically if you want to be legal in TX either have a regular lifejacket on board for everyone (it doesn't even have to be ever worn by adults) or if you are not taking anything but an inflatable then it must be worn at all times. Its pretty simple really.
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#3859512 - 08/25/09 11:47 AM
Re: Anyone stopped for not wearing their Type V....
[Re: balata9999]
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Extreme Angler
Registered: 04/26/09
Posts: 2700
Loc: elkhart texas
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interesting, did not know that, so during a tournament now i have to wear my inflateable to be legal? Wow think ill go buy a regular one to wear then i dont have to worry about it.
_________________________
www.wd4entertainment.comus reels at the sound of my name, fish tremble proud owner of a 2002 tr22 triton yamaha 250 vmax tournament dir. bassmasters of east texas 6263 http://bmet6263.com"I humble myself before God, there the list ends" Sam Houston
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#3859667 - 08/25/09 12:19 PM
Re: Anyone stopped for not wearing their Type V....
[Re: elkhartdom]
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TFF Celebrity
Registered: 04/02/08
Posts: 6822
Loc: Grapevine, Texas
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It sounds like you can buy a regular one, stick it in a compartment and not worry about it.
I had a GW tell me that the jackets had to be out of the compartment and accessible to count. He said if there was an emergency we would not have time to pull them out of the compartment. He wasn't threatening me with a ticket or anything. It did make me realize that having them all stuffed under a deck kind of defeats the puprose. Now I make sure everyone has one when we launch. They can wear it or buckle it around their seat. I stick my trowable under my console. Hopefully they are never needed but are easier to get a hold of now.
_________________________
Sig under construction until 2017, just like the rest of Grapevine.
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#3859879 - 08/25/09 01:04 PM
Re: Anyone stopped for not wearing their Type V....
[Re: PaulGrapevine]
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Extreme Angler
Registered: 09/25/06
Posts: 2179
Loc: Murphy, TX
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It sounds like you can buy a regular one, stick it in a compartment and not worry about it.
I had a GW tell me that the jackets had to be out of the compartment and accessible to count. He said if there was an emergency we would not have time to pull them out of the compartment. He wasn't threatening me with a ticket or anything. It did make me realize that having them all stuffed under a deck kind of defeats the puprose. Now I make sure everyone has one when we launch. They can wear it or buckle it around their seat. I stick my trowable under my console. Hopefully they are never needed but are easier to get a hold of now. They all say the must be out, but I have never heard of anyone getting a ticket. Usually when no one gets a ticket, they cant enforce it.
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#3860785 - 08/25/09 04:09 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Tracker Tim]
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Pro Angler
Registered: 06/04/09
Posts: 832
Loc: nw Harris County
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Ya never know when a GW has just had to deal with some jerk, and may not be in a good mood. I take my pfd out of the storage compartment as part of my pre-launch routine, so there is no chance of a problem with a GW over it. Besides, it is safer to have it close at hand. I think it is a good habit.
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Ray Nicholas noli illegitimi carborundum
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#3861243 - 08/25/09 05:58 PM
Re: Anyone stopped for not wearing their Type V....
[Re: buda13]
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TFF Guru
Registered: 02/13/03
Posts: 16993
Loc: Château d'If
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If you have an inflatable life jacket (ie Mustang ect...) it can only be counted as a life jacket on the boat if you are wearing it. example...
If there are 2 people on the boat and you have one inflatable and one regular lifejacket on board the boat and the inflatable is not being worn you are illegal.
If 2 people on are the boat and you have 2 regular lifejackets on the boat and an inflatable thats not being worn you are legal. The above is incorrect. If the inflatabel PFD is rated as a Type III device it does NOT have to be worn to be legal, just onboard. A Type III device is a Type III device period. TFP
_________________________
Above all else hold these two things in the greatest of circumspection; government and self.
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#3861260 - 08/25/09 06:03 PM
Re: Anyone stopped for not wearing their Type V....
[Re: GoArmy]
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Extreme Angler
Registered: 08/09/08
Posts: 1390
Loc: McKinney, TX
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Seems like if you had a couple of regular vests on the boat somewhere you would meet the regulation; don't have to actually wear them. BINGO!!! As goofy as it sounds a Game Warden told me. Having an inflatable in your boat only counts if your wearing it at all times. To get around that just have a type 4 on board for everyone that is using an inflatable. IT JUST HAS TO BE ON BOARD. That makes sense to me now, Thanks GoArmy.
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#3862709 - 08/25/09 11:37 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Whisker Wrangler]
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Pro Angler
Registered: 01/28/05
Posts: 598
Loc: crandall
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Wait I am confused... so if I take my boat out to the lake, and drive around, and stop and fish, do I actually have to be wearing a life jacket??? I thought you just had to have them in the boat just in case??? I have been stopped by the GW before in the middle of the lake, and I wasnt wearing a life jacket,, and I have never seen anyone wear a life jacket on the lake before except kids.. What they are talking about are the automatic inflatable types, I did not know this till last week when I was checked at Sandlin, but these are only considered a pfd if you are wearing it, it cannot be lying on the seat, floor, etc. you must have a regular pfd in sight in the boat if you take these off according to the lake patrol that checked us.
_________________________
Keith Morgan Forney Bass Club Triton TR 22, Merc 225 EFI Firefighter, City Of Garland
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#3862845 - 08/26/09 02:15 AM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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TFF Guru
Registered: 02/13/03
Posts: 16993
Loc: Château d'If
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I just came across this: Ken Warren I would be glad to clear this up for you, and please pass this e-mail on to the person who was cited for having only an inflatable vest in the boat. There are Type V inflatable PFDs that have restricted approval and are approved only when worn. However, this does not apply to all Type V inflatable PFDs. There are no wear restrictions for any of the Type II or Type III inflatable PFDs (except for age, see below).
Please read the approval label on the PFD. If an inflatable PFD has a wear restriction it will be clearly stated on the approval label on the PFD.The reason some Type V inflatable PFDs are required to be worn is because of the CO2 inflation system used on that PFD, and not because of the ease or difficulty in putting the PFD on in the water. In the past CO2 inflation systems did not have what we call "cylinder seal indication" and a person had to open up the cover of the PFD and remove the CO2 cylinder in order to see if the cylinder is still good (not spent). But there are newer CO2 inflation systems now available that have cylinder seal indication and when combined with a viewing window on the front of the PFD, allow the user to see at a glance if his inflation system is properly armed (even while wearing the PFD). The US Coast Guard (USCG) now requires that manufacturers use the new CO2 inflation system with "cylinder seal indication" if they wish to label the PFD as a Type II or III inflatable PFD and thus no wear restrictions. But we also allow manufacturers to continue to use the older inflation system. But these inflatable PFDs must be worn at all time to count towards USCG carriage requirements. The reason for this is that if a person is wearing their inflatable all the time, he or she will most likely inspect it and ensure that it is armed, and in good serviceable condition. If you have a Type II or Type III inflatable PFD there are no wear restriction except for the age limit. All US Coast Guard approved inflatable are approved only for persons at least 16 years of age and only when used in accordance with the owner's manual. This is true for the older Type II and Type III inflatable PFD which did not have a wear requirement when they were produced and do not have cylinder seal indication. The approval label is what the boarding officer should be going by when inspecting your PFD. So what does all of this mean to you? You said: "I normally wear it while moving but while fishing I remove it." If you have USCG approved inflatable PFD Type II, or Type III or a Type V PFD that does not have a wear restriction, then you may continue to use this PFD in this manner and the PFD (if properly armed and in good serviceable condition) will count for carriage requirement even when you are not wearing it. However, if your inflatable is a Type V PFD approved ONLY WHEN WORN, then if you take it off when you are fishing, you better have another USCG approved PFD that is not required to be worn onboard or you will be at risk of a citation.Something to keep in mind: the main advantage of inflatables is that they are comfortable for continuous wear. So why take if off when you are fishing. There is an article called: "The Other 20%--When Wearing a Life Jacket Is Not Enough" By CDR Kim Pickens, U. S. Coast Guard Reserve (Operation BoatSmart Project Officer) that can be found at the following website: http://www.usps.org/national/eddept...20__handout.pdfOne of the points in this article deals with wearing your PFD and states: "We know that the greatest cause of death among boaters is drowning due to unexpected entry into the water. And since you as a boater don't know when that entry might happen, the time you need to have your jacket on is before you ever get on the boat!" I hope this helps clear this up for you. Dan McCormick U.S.C.G. Headquarters, Room 1308 2100 Second Street, S.W. Washington, DC 20593 Phone: 202-267-1444 Fax: 202-267-1069 TFP
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Above all else hold these two things in the greatest of circumspection; government and self.
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#3863140 - 08/26/09 07:44 AM
Re: Anyone stopped for not wearing their Type V....
[Re: The Fishing Physicist]
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Pro Angler
Registered: 06/04/09
Posts: 832
Loc: nw Harris County
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Thank you, TFP for the USCG explanation about inflatable pfd's. It says it all, but requires re-reading to finally understand (at least for me). Mr McCormick covered the subject thoroughly.
_________________________
Ray Nicholas noli illegitimi carborundum
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#7135086 - 02/05/12 03:07 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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Extreme Angler
Registered: 09/26/07
Posts: 1638
Loc: Joshua, TX
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#7135159 - 02/05/12 03:26 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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Pro Angler
Registered: 02/19/02
Posts: 571
Loc: Lake Fork
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If you ever have the misfortune to be involved in a body recovery from drowning, you will QUICKLY learn your lesson.. Been there, done that, several times. Not one of them were wearing ANY typed of PFD.
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#7135364 - 02/05/12 04:11 PM
Re: Anyone stopped for not wearing their Type V....
[Re: Dwight]
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Extreme Angler
Registered: 01/31/03
Posts: 2635
Loc: The Woodlands Texas
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Call me goofy, but now that I have an inflatable PFD, anytime I'm in the boat, I have it on. Way more comforatable than the old school ones and I forget I am wearing it.
_________________________
2003 Alumacraft Tunnel Hull, 2004 Yamaha 50 Point me towards the water!
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#7137398 - 02/06/12 07:45 AM
Re: Anyone stopped for not wearing their Type V....
[Re: texcajun]
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Angler
Registered: 04/21/10
Posts: 313
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Call me goofy, but now that I have an inflatable PFD, anytime I'm in the boat, I have it on. Way more comforatable than the old school ones and I forget I am wearing it. I know this post is from 09 and have no idea how it was found without the search working, but I agree with you texcajun. I fish alone 90% of the time and wear my inflatable from dock to dock. If I go over, it won't be on purpose. As I've gotten older I think about stuff a little different. What if I land on a stump, water is cold this time of year, what if I bump my head on the side of the boat, what if nobody sees me fall in? I wear my inflatable and usually forget I have it on. Topic is worth bringing back up to the top. I also do keep regular life jacket in the boat just in case.
Edited by barbarian (02/06/12 07:47 AM)
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