TPW Press Release

Does the "Open Container" law apply when I�m in my boat?

No. This law, effective Sept. 1, 2001, prohibits the possession of an open container of an alcoholic beverage in the passenger area of a motor vehicle. It does not apply to watercraft.

Can my driver�s license be suspended if I�m arrested for operating a boat while intoxicated?

Yes. Effective Sept.1, 2001, a person�s drivers license will be automatically suspended if the arrested person:

• Is operating a watercraft powered with an engine having a manufacturer�s rating of 50 horsepower or more; and
• The person refuses to provide a specimen (breath or blood) to determine intoxication.
  The period of suspension for first time offenders is 180 days.

Who reports boating accidents to your department?

It is the responsibility of the boat operator who is involved in the accident. Each operator must file a boating accident report if the accident:

• Results in death; or
• Injuries to a person requiring medical treatment beyond first aid; or
• Causes damage to vessel(s) or property in excess of $500.

Report forms can be downloaded from the TPWD Web site under the BOATING link.

How do I find out if there are any special water safety regulations on a lake I want to visit?

The rules in the Texas Water Safety Act apply to all public water in Texas. The local governing body of incorporated cities or towns, county commissioner�s courts, and political subdivisions can pass rules relating to restricted areas and the operation and equipment of boats it deems necessary for the public safety. You must contact the entity in charge to determine if any special rules apply.

What's the law on wearing the inflatable life vests? I've heard that if that is what you use, they must be worn, not just laying in the boat, to be legal.

From TPWD web site:

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.

J.P., I have struggled with that last post on the inflatables. As it reads Texas law does not permit them to be worn in a high speed boat. What is high speed and shouldn't that apply to high performance bass boats IE: boats that run over 70 mph, if so then you should not be able to wear them.

Tommy Yetts
Rockwall Marine

I'll make a call and see. It confused me as well.

I spoke with Alfonso Campos in Law Enforcement (TPWD offices in Austin). To my understanding of our conversation; this is how the law is interpreted:

An inflatable PFD must be worn at all times while the boat is UNDERWAY, meaning, any time you are NOT at dock, beached or anchored � drifting IS considered UNDERWAY.

The law reads, �Inflatable PFDs are not approved for use on personal watercraft, waterskiing, or other high speed activity.� Fishing is NOT considered a �high speed activity.� Take notice that is says �activity,� NOT �high speed boating.�

The way to settle this (as per a game warden on Choke Canyon) is to carry the correct # of regular Life jackets as well as your sospenders.

jagoin-

Yep, that's the easiest solution.

Good post!

The way to settle the matter is to READ the label on your inflatable PFD, and follow the directions. It's just that simple.

I DON'T carry regular life vests on my boat, as two of my four Sospenders are Type III vests. That means that I can wear a Sospenders whenever I want to. Or not wear a Sospenders, if I choose.

For the life of me, I just don't understand why so many people are having difficulty with this matter, which keeps coming up over and over and over and over!

What is the cutoff age of a child that is required to WEAR a vest at all times. Is it 16? Thanks for the help.

Bob

StevenFromTexas-

The confusion stems from the fact that inflatable PFDs are not considered unless you are wearing them while underway. Bottom line is: they were made for comfort to be worn at all times while on a boat.

Most of the questions arise from people wondering if an inflatable PFD is legal by just having one in their boat. Is it counted in the number of PFDs required for all people on a boat? The answer is: no and yes � you have to be wearing one while underway, but while at anchor, beached or docked, an inflatable PFD counts as long as it is in the boat.

BOSTON BOB-

Children under 13 years of age in motorboats under 26 feet must wear a U.S. Coast Guard approved PFD while underway.

A USCG approved Type III Sospenders does NOT have to be worn to be legal on my bassboat, when the people on the boat are over the minimum age requirements. My USCG approved Type III Sospenders can be laying on the deck of my boat, and that is as legal as having regular life vests laying on the deck of my boat. Which is exactly where my USCG approved Type III Sospenders were laying a few weeks ago when I and my fishing partner were checked by two game wardens while fishing in a moving boat. I can't be issued a legal ticket, because a USCG approved Type III vest is a USCG approved Type III vest, regardless of whether it is a regular USCG approved Type III vest or a Sospenders USCG approved Type III vest, when used on my bassboat. (The exceptions to what I have stated are clearly listed on the USCG approved label attached to my USCG approved Type III Sospenders. Since none of the exceptions apply to my bassboat, it isn't necessary for me to type those exceptions in this reply.)

There isn't a game warden alive in Texas that will post using his or her real name and dispute what I have just written.

StevenFromTexas-

Easy killer. I'm not trying to argue with you - just trying to answer some questions people asked. As for the inflatable PFDs, I'm just going by what the top of the warden's department told me.

J.P.,

Thank you for the answer. I could not find it myself. I appreciate the response.

Bob

Well... I'm sure we've done a good job of getting everyone properly confused now.