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PFD for children under 13?
#4553982
03/02/10 02:44 PM
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Joined: Oct 2007
Posts: 1,229
KingChamp202
OP
Extreme Angler
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OP
Extreme Angler
Joined: Oct 2007
Posts: 1,229 |
Got a ticket from H.P.D. Sunday on Lake Houston, my 9 year old daughter had taken off her life jacket after we had pulled into our first spot. I had just put the t/m down and picked up my rod when I saw them comming, waveing to me to come back to them. They asked her age which I told them, and told me they were zero tolerance cops and I would be issued a citaion for her not having it on. She had just taken it off and was getting her rod as well! I checked the laws a couple of years ago and swore we were in compliance but he insisted that I was wrong. So now I have a ticket! Yesterday I checked and sure as chit the TPWD site says (13 years old or younger must wear a PFD while underway). Im P/Oed and wondering if anybody else has had this happen? I believe that they were wrong and should be the ones taking the (Boater Safety Course) rather than me.
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Re: PFD for children under 13?
[Re: KingChamp202]
#4554097
03/02/10 03:11 PM
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Joined: Jan 2010
Posts: 328
Nophears
Angler
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Angler
Joined: Jan 2010
Posts: 328 |
If the t/m is down and your moving using motorized power... your still underway. Unless your beached, anchored or tied off. I paid the extra $$ to get my kids comfortable "ski jackets" so they wouldn't complain about constantly wearing them.
I tried to be normal but it got boring so it's just back to being ME~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Never argue with an Idiot, They will drag you down to their level and beat you with experience
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Re: PFD for children under 13?
[Re: KingChamp202]
#4554105
03/02/10 03:12 PM
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Joined: Jul 2006
Posts: 287
huntsetter1
Angler
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Angler
Joined: Jul 2006
Posts: 287 |
That is the law. I have 2 kids older than you daughter and they must keep their PFD on at all times while in the boat underpower or anchored. Both are strong swimmers, but it is just not worth the chance of the tragedy that could happen. They have done this since they were little and don't even question it anymore. I took both of them shopping for their vests and let them pick it out so they have some ownership in their vests.
Things happen very quick on the water!
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Re: PFD for children under 13?
[Re: huntsetter1]
#4554206
03/02/10 03:31 PM
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Joined: Oct 2004
Posts: 38,822
KingwoodCat
TFF Guru
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TFF Guru
Joined: Oct 2004
Posts: 38,822 |
The other thing about PFDs is if you have an inflateable, and you are not wearing it, it does not count toward the number of life jackets you have in the boat. Its as though its back at the truck.
"Any man who thinks he can be happy and prosperous by letting the government take care of him had better take a look at the American Indian".
Henry Ford
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Re: PFD for children under 13?
[Re: huntsetter1]
#4554239
03/02/10 03:39 PM
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Joined: Oct 2007
Posts: 1,229
KingChamp202
OP
Extreme Angler
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OP
Extreme Angler
Joined: Oct 2007
Posts: 1,229 |
The troll motor was stuck in the mud, I had to pull it up to go back to them. I saw 1ft flashing on the depthfinder! We both laughed at that, while I was getting a ticket, glad she has a sense of humor. Matter of fact when he asked me if I was anchored I replied that the t/m was anchored to the bottom. Just blows me away that they would give me a ticket for such b/s! (huntsetter1) if I had been anchored in 100' of water that would have been good acoording to him, he did not see the humor in the t/m response, he repeatedly asked if I was anchored or tying to a tree! I do not see that in the tpwd rules!
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Re: PFD for children under 13?
[Re: KingChamp202]
#4554548
03/02/10 04:48 PM
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Joined: May 2004
Posts: 5,018
Guide Chuck Rollins
TFF Celebrity
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TFF Celebrity
Joined: May 2004
Posts: 5,018 |
I understand your frustration and I would hope that under the circumstances they would have given you a warning since she had just taken it off. I know another guy who got a ticket last summer in similair circumstances. Unfortunatly they are right, and thats the law though.
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Re: PFD for children under 13?
[Re: Guide Chuck Rollins]
#4554613
03/02/10 05:03 PM
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Joined: May 2006
Posts: 6,578
Woolybugger
TFF Celebrity
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TFF Celebrity
Joined: May 2006
Posts: 6,578 |
It's always frustrating getting a ticket and especially under those circumstances. Sometimes I wish the cops would exercise some discretion when enforcing the law. I guess budget is tight and cities need the funds. I got a boating ticket that I didn't agree with either but I ended up paying the fine 'cause it's just not worth fighting it.
If you thought healthcare was expensive, ... wait until it's free
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Re: PFD for children under 13?
[Re: Woolybugger]
#4554635
03/02/10 05:09 PM
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Joined: Oct 2007
Posts: 1,229
KingChamp202
OP
Extreme Angler
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OP
Extreme Angler
Joined: Oct 2007
Posts: 1,229 |
Uhh you guys are'nt helpin here! Looks like BARNEY wins again..
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Re: PFD for children under 13?
[Re: tgravley aka lewisvillecatfish]
#4555454
03/02/10 09:07 PM
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Joined: Dec 2009
Posts: 466
standalone
Angler
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Angler
Joined: Dec 2009
Posts: 466 |
Go to court and challenge it. Cannot hurt. Take your daughter, it would be a great learning experience and you both tell what happened. You have the right. They got me and my son 9 yrs back,he was 14 just small for his age, GW was a young one. We went to court with school transcript, school id and birth certificate. Thrown out with an apology!!! He and I are still is proud of that. You have the voice, raise it!
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Re: PFD for children under 13?
[Re: standalone]
#4559207
03/03/10 05:29 PM
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Joined: Jan 2010
Posts: 2,998
me and the boys
Extreme Angler
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Extreme Angler
Joined: Jan 2010
Posts: 2,998 |
you know if you are doing 35 in a 30, 60 in a 55, it is still speeding....
seatbelts do save lives,,,,, and people drown for not wearing lifejackets... just because you deemed it safe for your daughter appearantly the police nor the law did.....
and no i am not a donut eater
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Re: PFD for children under 13?
[Re: me and the boys]
#4559314
03/03/10 05:51 PM
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Joined: May 2006
Posts: 6,578
Woolybugger
TFF Celebrity
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TFF Celebrity
Joined: May 2006
Posts: 6,578 |
It depends on your county, but in some places when you contest the ticket, they call you in and the prosecutor offers you a deal - reduced fine, "probation", etc. You don't actually get to talk to the judge to plead your case. You just get to accept/reject the deal. If you reject it they schedule a trial and that's where the cop shows up, the prosecutor presents the charge, and you have to adhere to proper court procedures to present your defense (or hire a lawyer). The key point hinges on whether you were underway or not. Maybe just take the plea deal and reduced fine?
If you thought healthcare was expensive, ... wait until it's free
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