301 KAR 6:020. Boating safety equipment.
RELATES TO: KRS 235.200, 235.205, 235.280
STATUTORY AUTHORITY: KRS 235.200, 235.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 authorizes the commissioner to promulgate administrative regulations to govern the use of all waters of the state. KRS 235.200 authorizes the establishment of standards for the required equipment. This administrative regulation establishes the standards for the required boating equipment.
Section 1. Engine Safety Equipment Requirements. (1) Except as provided in subsection (2) of this section, a person shall not operate a vessel with an enclosed engine without effective U.S. Coast Guard-approved flame arresters on carburetors.
(2) A person may operate the following without flame arresters:
(a) An outboard engine; or
(b) A vessel with an engine completely open by design and not originally equipped with Underwriters Laboratory or U.S. Coast Guard-approved flame arresters.
(3) A person shall not operate a vessel without adequate ventilation of bilges, engine compartments, fuel compartments or other enclosures.
(4) A person shall not operate a vessel originally equipped with a carburetor drip pan without the drip pan in place and maintained in a functioning condition.
(5) A person shall not operate vessels whose bilges are not maintained free from oil or grease.
Section 2. Lighting Equipment. (1) Between actual sunset and sunrise:
(a) Power driven boats less than sixty-five and six-tenths (65.6) feet in length, including sailboats operating under engine power, shall have:
1. Red and green sidelights. The red and green sidelights shall:
a. Have a red light indicating the port (left) side, and a green light indicating the starboard (right) side of the boat;
b. Be visible to another boat approaching from the side or head on;
c. Be visible from at least one (1) mile on a clear, dark night if the boat is less than thirty-nine and four tenths (39.4) feet in length; and
a. An all-around white light which shall be higher than the sidelights; or
b.(i) A white masthead light that shines forward; and
(ii) A white stern light visible from the rear of the boat.
(b) An operator of a manually-powered vessel or sailboat less than twenty-two (22) feet, nine (9) inches in length shall:
1. Carry aboard and have immediately available for use a white light of sufficient intensity to illuminate the vessel and its occupants; and
2. Display the white light in time to prevent a collision from an approaching vessel.
(c) A person operating or responsible for a vessel anchored or adrift in a normal navigation channel or passageway, shall display a white light visible in a 360 degree arc.
(2) Combination or separate red and green lights shall:
(a) Have an arc of visibility extending from dead ahead to 112.5 degrees on either side of the vessel;
(b) Show the red light on the port side, and the green light on the starboard side, of the vessel; and
(c) Be visible at a distance of at least one (1) mile on a dark night with clear atmosphere.
(3) White lights required by this section shall be visible at a distance of at least two (2) miles on a dark night with clear atmosphere.
(4) On a vessel under way between sunset and sunrise, an operator shall not display other lights which could be mistaken for the lights specified in this section.
Section 3. Signaling Devices. (1) An operator of a Class 1 or larger vessel shall have on board a hand-, mouth-, or power-operated signaling device:
(a) Capable of producing a blast of two (2) seconds duration; and
(b) Audible for:
1. One-half (1/2) mile for Class 1 vessels.
2. One (1) mile for Class 2 vessels.
3. One and one-half (1-1/2) miles for Class 3 vessels.
(2) Nothing in this administrative regulation shall exempt a vessel from additional sound devices required by the U.S. Coast Guard or other governmental agencies.
Section 4. Personal Flotation Devices. (1) An operator of a Class 1, 2, or 3 recreational vessel shall have on board a minimum of:
(a) One (1) Type I, Type II or Type III personal flotation device for each person on board the vessel; and
(b) Except for canoes or kayaks, one (1) Type IV personal flotation device.
(2) An operator of a Class A recreational vessel shall have on board a minimum of one (1) Type I, Type II, or Type III personal flotation device for each person on board the vessel.
(3) Personal flotation devices shall be:
(a) Approved by the U.S. Coast Guard; and
(b) In good and serviceable condition.
(4) Type I, II, or III personal flotation devices shall be of appropriate size for the wearer and readily accessible.
(5) Type IV personal flotation devices shall be immediately available to the user.
(6) The following shall be exempt from the personal flotation device requirements of this section:
(a) Manually propelled racing vessels;
(7) An operator may substitute Type V personal flotation devices for other required personal flotation devices, if the Type V device:
(a) Is approved by the U.S. Coast Guard for the type of vessel and activity in which the vessel is being used; and
(b) Is being used according to the approved conditions on the label.
Section 5. Fire Extinguishers. (1) An operator of a vessel which contains butane gas, propane gas, kerosene, gasoline or other petroleum-consuming device shall have on board at a minimum:
(a) Class A or Class 1 vessels, one (1) B-1 fire extinguisher.
(b) Class 2 vessels:
1. With fixed systems, one (1) B-1 fire extinguisher.
2. Without fixed systems, two (2) B-1 fire extinguishers.
(c) Class 3 vessels:
1. With fixed systems:
a. Two (2) B-1 fire extinguishers; or
b. One (1) B-2 fire extinguisher.
2. Without fixed systems:
a. Three (3) B-1 fire extinguishers; or
b. One (1) B-1 and one (1) B-2 fire extinguishers.
(2) Operators shall:
(a) Maintain fire extinguishers in workable condition; and
(b) Have them available for immediate and effective use.
Section 6. Except for a vessel operated for the purposes of firefighting or rescue by the United States Coast Guard, the Commonwealth of Kentucky, a county, city or other governmental entity, operators shall not display flashing, rotating or oscillating red lights on a vessel.
Section 7. Vessels Without Required Safety Equipment. (1) If an official of the department, or any other law enforcement officer, observes a vessel operating without the safety equipment specified in this administrative regulation, he may direct the operator to take whatever immediate and reasonable steps are necessary to correct the deficiency, including directing the operator to return to a mooring and remaining there until the situation creating the unsafe condition is corrected.
(2) If a vessel is directed to return to a mooring, the officer may affix a notice to the vessel:
(a) Indicating the nature of the unsafe condition; and
(b) Requiring its correction before the vessel is further operated. (21 Ky.R. 3093; eff. 7-12-95; Am. 22 Ky.R. 1684; eff. 5-16-96; 33 Ky.R. 1120; 1525; eff. 12-7-2006.)