PC §1002 - SAFE BOATING PRACTICES

INFRACTION

(a) Definition

Safe boating practices laws require operators to follow specific safety regulations to prevent accidents and ensure the safety of all individuals on the water.

Types of Safety Regulations

  • Life Jackets: Requirement for all passengers to wear or have access to personal flotation devices.

  • Navigation Rules: Adherence to rules regarding navigation lights, signaling, and right-of-way.

  • Emergency Equipment: Carrying required safety equipment such as fire extinguishers, distress signals, and first aid kits.

(b) Elements of the Offense

The following elements must be met to constitute an offense related to safe boating practices:

  1. The defendant failed to comply with safety regulations, such as not having required life jackets or emergency equipment.

  2. The failure to comply occurred while operating a vessel on San Andreas waters.

  3. The non-compliance resulted in a safety hazard or violation of specific safety rules.

(c) Defenses

(a) It shall be a defense if the defendant can prove that they had the required safety equipment but it was temporarily unavailable due to an unforeseen circumstance. (b) Evidence that the defendant's actions did not result in an actual safety hazard or were mitigated by other safety measures may also serve as a defense.

(d) Aggravating Factors

Aggravating factors such as endangering passengers, repeat offenses, or contributing to an accident due to safety violations may result in increased penalties or additional charges as determined by the court.

Penalties Penalties for violations related to safe boating practices can vary widely. They may include: Fines: Fine of $2,000 for each missing item/violation.

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