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Hi Tom,

Well that's an interesting question. The short answer as alarming as it may be is YES it's true, PFD's do not have to be worn to count. The long answer is it depends on who is on board. For example, are children under the age of 16 on board, if so, they MUST be wearing the PFD.

I'm not familir with the ABC class you are referring to, but here is a link to the US Coast Guard page that outlines the requirements for PFD's:

http://www.uscgboating.org/safety/life_jacket_wear_wearing_your_life_jacket.aspx

Though "NOT REQUIRED", a PFD should be worn at all times when the vessel is underway, but at a minimum, you must have a U.S. Coast Guard-approved Type I, II, III, or V life jacket "READILY ACCESSIBLE" for each person aboard, and for boats 16 feet and over must have at least one Type IV throwable device as well.

But the story doesn't end there, in addition to being readily accessible, the following are also required:

- PFD's can't be stored in plastic bags, or in locked storage lockers, or underneath equipment, lines, or other things that impeed quick access to the PFD's.

- You must show your passengers where PFD's are located and demonstrate the proper way to put the PFD on in a reasonable amount of time during an emergency.

- Inflatable PFD's must have a full cylinder and all status indicators on the inflator must be green, or the device is NOT serviceable, and does NOT satisfy the PFD requirement.

- Inflatable PFD's cannot be used for children under 16 years of age. Special life jackets are available, must be worn snugly, so as to not allow the child’s chin or ears to slip through.

There are some additional rules for children, water skiers, white-water boating, kiteboarding, etc. But the answer to your question is PFD's do not have to be worn to be counted.

Hope this helps, best,

Captain Craig Bliss

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Hi Tom,

I'm a maritime attorney and marine insurance broker and Craig's answer is correct, BUT I would like to expand on that answer from the legal perspective. First, the best non-legal answer is "Wear it", a PFD can't help save your life unless you are wearing it.

The Department of Homeland Security (Coast Guard) regulation on the subject is 33 CFR; Section 175.15 and states in part:

1. No person may use a recreational vessel unless at least one PFD of the following types is on board for each person. Types allowed are type I, II and III).

2. If the vessel is 16 feet or greater in length, you also need in addition to the PFD's above, one type IV throwable PFD.

3. No person may operate a recreational vessel under way with any child under 13 years old aboard, unless each child is wearing an appropriate Coast Guard approved PFD, or the child is below deck or in an enclosed cabin.

4. As Craig stated, the PFD's must be readily accessible, so I won't elaborate on that subject.

The above are the basics, but watch out for these exceptions!!!

5. If the applicable State statute establishes any requirement for children of a certain age to wear an appropriate PFD approved by the Coast Guard, then that requirement applies on the waters subject to the State's jurisdiction instead of the federal requirement for children under age 13.

So, to answer your question, during a vessel inspection by the Coast Guard, you will have to establish that you have the right number of "wearable" PFD's for the adults and that they are approved and in good, serviceable condition and of suitable size. One way to establish that the PFD is of suitable size is to wear them. Children must be wearing properly fitted PFD's specially designed for children. There is no requirement for adults to wear PFD's, but the inspector will want to know that they are onboard, available and properly sized. Remember also, that for water skiing and Personal Watercraft riders, the PFD must be worn and an impact rating is recommended.

NOTE: If State law has stricter requirements, then for waters subject to the State's jurisdiction, the Coast Guard will enforce the more stringent State rule.

Hope this helps.

Best,

Cary Wiener, J.D.

President, Pantaenius Insurance