Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
235.280 requires the Department of Fish and
Wildlife Resources to promulgate administrative regulations to govern the fair,
reasonable, equitable, and safe use of all waters of Kentucky and to carry out
the purposes of KRS Chapter 235. This administrative regulation establishes
definitions for terms used in 301 KAR Chapter 6. 46 U.S.C. Chapter 131 requires
the state to comply specific elements of applicable federal laws and
regulations which specify requirements for States RBS Program.
33 C.F.R.
175.13 defines wearable and throwable
PFDs.
Section 1. Definitions.
(1) "Adequate ventilation" means ventilation
that meets Boating Industry Association and U.S. Coast Guard requirements at
the time the vessel was manufactured.
(2) "Airborne device" means a kite,
parachute, or similar device that holds a person aloft while towed behind a
moving vessel.
(3) "Class A" means
vessels less than sixteen (16) feet in length.
(4) "Class 1" means vessels sixteen (16) feet
or over and less than twenty-six (26) feet in length.
(5) "Class 2" means vessels twenty-six (26)
feet or over and less than forty (40) feet in length.
(6) "Class 3" means vessels forty (40) feet
or more in length.
(7) "Crossing"
means a situation in which a vessel approaches another from an angle of 112.5
degrees or less from either side of the bow.
(8) "Documented by the federal government"
means a vessel that has been registered with, and issued official registration
documents by, the United States Coast Guard.
(9) "Idle speed" means the slowest possible
speed at which maneuverability can be maintained.
(10) "International diving flag" means a red
flag with a white stripe running diagonally from an upper corner to the
opposite lower corner.
(11)
"Length":
(a) Means the longest dimension of a
boat measured along the centerline from the bow to the stern; and
(b) Does not mean the length including
outboard motors, swim platforms, or similar attachments.
(12) "Manually propelled racing vessel" means
a racing shell, rowing scull, racing canoe, or racing kayak recognized by
national or international racing associations for use in competitive racing,
and not carrying or having been designed to carry equipment, except that which
is solely for competitive racing.
(13) "Overtaking" means a situation in which
a faster vessel approaches a slower vessel from an angle of more than 112.5
degrees from either side of the bow of the slower vessel.
(14) "Passing" means a situation in which
vessels approach and pass each other from head on or nearly so.
(15) "Personal Flotation Device or PFD" means
any lifesaving device classified and approved by the regulations of the
commandant of the U.S. Coast Guard.
(16) "Throwable personal flotation device"
means a PFD designed to be thrown to someone in the water".:.
(17) "Water skis" means rigid or inflatable
skis, kneeboards, tubes, wakeboards, or similar devices.
(18) "Water skiing" means:
(a) The act of riding in or upon water skis
while being towed behind a moving vessel or propelled by a boat's wake or while
riding on or in a boat's wake directly behind a vessel that is underway;
or
(b) Barefoot skiing.
(19) "Wearable personal flotation
device" means a PFD designed to be worn or otherwise attached to the
body.
