PC §1005 - NOT WEARING A LIFE JACKET
NFRACTION
(a) Definition
Not wearing a life jacket involves failing to wear or have access to a personal flotation device when required by law, particularly for certain vessels or conditions.
Types of Requirements
Personal Flotation Devices: Must be available for each person on board.
Wear Requirements: Specific requirements apply, such as wearing life jackets for children under a certain age or during specific conditions.
(b) Elements of the Offense
The following elements must be met to constitute not wearing a life jacket:
The defendant was on a vessel where life jackets were required.
The defendant was not wearing or had immediate access to a life jacket.
The offense occurred on San Andreas waters.
(c) Defenses
(a) It shall be a defense if the defendant can prove that they were in the process of obtaining or putting on a life jacket when approached by authorities. (b) Evidence that the defendant had a valid life jacket on board and it was accessible may also serve as a defense.
(d) Aggravating Factors
Aggravating factors such as operating a vessel under hazardous conditions or having multiple individuals without life jackets on board may result in increased penalties or additional actions as determined by the court.
Penalties Penalties for not wearing a life jacket can include: FINE
$100.00 to $200.00
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