SECTION .0200 ‑ SAFETY EQUIPMENT AND ACCIDENT REPORTS
15A NCAC 10F .0201 Safety Equipment
(a) Federal Regulations Adopted. As its regulations
governing required equipment of vessels as defined in G.S. 75A-2(5), pursuant
to G.S. 75A-6, the Wildlife Resources Commission incorporates by reference,
including subsequent amendments and editions, the following federal
regulations, to be applicable to vessels operated on all waters of this state
as defined by G.S. 75A-2(6): Code of Federal Regulations, Title 46, Part 25,
and Title 33, Part 175, as supplemented by the Federal Register. To the extent
that the vessel equipment requirements of G.S. 75A-6 conflict with these
federal regulations, they are hereby modified to conform to the federal
regulations as authorized by G.S. 75A-6(m) and 113-307.
Without limitation to the adoption of the Federal regulations
named herein, Paragraphs (b) through (g) apply to vessels operating in State
waters.
(b) Personal flotation devices (hereinafter referred to as
PFDs) are required as follows except as provided in Subparagraph (6) of this
Paragraph:
(1) No person may operate a vessel unless at
least one Type I, II or III PFD is on board and readily accessible for each person.
(2) No person shall operate a vessel 16 feet or
more in length unless one type IV PFD is on board and immediately available for
use, in addition to the total number of PFDs required in Subparagraph (1) of
this Paragraph.
(3) No person shall operate a vessel while such
vessel is underway with any child under 13 years old aboard unless each such
child is:
(A) wearing an appropriate PFD approved by the Coast
Guard; or
(B) below decks; or
(C) in an enclosed cabin.
This Subparagraph does not apply
to a vessel that is registered as a commercial vessel.
(4) A Type V PFD may be carried in lieu of
any PFD required under Subparagraph (1) of this Paragraph provided:
(A) the approval label for the Type V PFD indicates that
the device is approved for the activity for which the vessel is used; or
(B) the Type V PFD is used in accordance with the
requirements on the approval label and with the requirements in its owner’s
manual.
(5) No person shall operate a vessel unless
each required PFD is:
(A) in serviceable condition;
(B) of appropriate size and fit for the intended wearer;
(C) USCG approved; and
(D) legibly marked with its approval number, as
specified in CFR Title 46 Part 25 and CFR Title 33 Part 175.
(6) Exemptions:
(A) Canoes and kayaks 16 feet in length and over are
exempted from the requirements for carriage of the additional Type IV PFD as
specified in Subparagraph (b)(2) of this Rule.
(B) Sailboards, surfboards, tubes, swimming rafts,
inflatable toys and similar devices routinely used as water toys or swimming
aids are exempted from the requirements for carriage of any type PFD required
under this Paragraph.
(C) Manually propelled vessels such as racing shells,
rowing sculls, racing canoes and racing kayaks that are recognized by national
and international racing associations for use in competitive racing, that are
not designed to carry any equipment not solely for competitive racing, and in
which all occupants with the with exception of a coxswain, if one is provided,
row, scull, or paddle, are exempted from the requirements for carriage of any
type PFD required under this Paragraph.
(c) Fire Extinguishers are required as follows:
(1) All motorboats shall carry at least the
minimum number of USCG approved hand portable fire extinguishers specified in
this Rule if any one of the following conditions exist:
(A) closed compartments under thwarts and seats wherein
portable fuel tanks may be stored;
(B) double bottoms not sealed to the hull or which are
not completely filled with flotation material;
(C) closed living spaces;
(D) closed stowage compartments in which combustible or
flammable materials are stowed;
(E) permanently installed fuel tanks; or
(F) motorboats of Class 2 or longer.
(2) Motorboats of Class A and 1 (less than 26
feet): One Type B-I
(3) Motorboats of Class 2 Two Type B-I
extinguishers
(4) Motorboats of Class 3 Three Type B-I
extinguishers
(5) One Type B-II hand held fire extinguisher
may be substituted for two B-I hand portable fire extinguishers. A fixed fire
extinguishing system installed in the engine compartment is equal to one Type
B-I hand portable fire extinguisher.
Exemption to fire extinguisher requirements: Open Vessels.
Vessels less than 26 feet in length, propelled by outboard motors and not
carrying passengers for hire, need not carry such portable fire extinguishers
if the construction of such motorboats will not permit the entrapment of
explosive or flammable gases or vapors.
(d) Every engine, except outboard motors, using gasoline as
fuel and installed in a vessel must be equipped with an acceptable means of
backfire flame control. An acceptable means of backfire flame control must
meet the requirements of CFR Title 46 Part 25 and CFR Title 33 Part 175.
(e) Every vessel, except those open vessels defined in
Paragraph (c) of this Rule, using as fuel any liquid of a volatile nature,
shall be provided with such means of properly and efficiently ventilating the
bilges of the engine and fuel tank compartments so as to remove any explosive
or flammable gases. Proper and efficient ventilation meets the requirements of
CFR Title 46 Part 25 and CFR Title 33 Part 175.
(f) Sound Devices
(1) Vessels of less than 12 meters (39.4 feet)
in length shall be equipped with some means of making an efficient sound signal;
and
(2) Vessels equal to or greater than 12 meters
(39.4 feet) in length shall be provided with a whistle and a bell which
complies with 33 USC 2033.
(g) Lights. The lights prescribed by this Paragraph shall
be exhibited from sunset to sunrise and in fog, mist, falling snow, heavy
rainstorms, sandstorms, or any other similar circumstances of restricted
visibility. During such times no other lights shall be exhibited, except such
lights as cannot be mistaken for the lights specified in these Rules or do not
impair their visibility or distinctive character, or interfere with keeping a
proper lookout. They may be exhibited in all other circumstances when deemed
necessary:
(1) Vessels equal to or greater than 12 meters
(39.4 feet) but less than 20 meters (65.6 feet) in length shall exhibit:
(A) A masthead light forward visible for three miles;
(B) Sidelights, green to starboard and red to port
visible for two miles; and
(C) A stern light visible for two miles;
(2) Vessels less than 12 meters (39.4 feet) in
length shall exhibit:
(A) An all-round white light visible for two miles; and
(B) Sidelights, green to starboard and red to port
visible for 1 mile;
(3) Sailing vessels underway that are seven
meters (23 feet) in length or greater shall exhibit:
(A) A stern light visible for two miles; and
(B) Sidelights, green to starboard and red to port
visible for two miles;
(4) In a sailing vessel less than 20 meters in
length the lights prescribed in Subparagraph (3) of this Paragraph may be
combined in one lantern carried at or near the top of the mast where it can be
best seen;
(5) A sailing vessel of less than seven meters
(23 feet) in length shall, if practicable, exhibit the lights prescribed in
Subparagraph (3) or (4) of this Paragraph; if not the vessel shall have ready
at hand an electric torch or lighted lantern showing a white light which shall
be exhibited in sufficient time to prevent a collision;
(6) A vessel under oars may exhibit the lights
prescribed in this Rule for sailing vessels; but if not, it shall have ready at
hand an electric torch or lighted lantern showing a white light which shall be
exhibited in sufficient time to prevent a collision; and
(7) Vessels of 10 Horsepower or Less. On
waters of this State not subject to the jurisdiction of the United States,
vessels propelled by machinery of 10 horsepower or less, in lieu of the
foregoing requirements, may carry from one-half hour after sunset to one-half
hour before sunrise a white light in the stern or have on board a hand
flashlight in good working condition which shall be ready at hand and shall be
temporarily displayed in sufficient time to prevent collision. On waters of
this State that are subject to the jurisdiction of the United States, this
exception, though permissible under state law, is not sanctioned by any federal
law or regulation.
History Note: Authority G.S. 75A-3; 75A-6; 113-307;
Eff. February 1, 1976;
Amended Eff. November 1, 2013; April 1, 2009; March 1,
2008; April 1, 1999; August 1, 1988; May 1, 1976.