US Sailing has made the following prescription to rule 40 in The Racing Rules of Sailing for 2013-2016:
US Sailing prescribes that every boat shall carry life-saving equipment conforming to government regulations that apply in the racing area. Go to ussailing.org/racingrules/documents and click the ‘PFD’ link for more information.
Each sailor, therefore, must ensure that his or her boat carries the required life-saving equipment. There are relevant government regulations at the federal, state, and local levels. Regulations vary from place to place, and change frequently.
This document aims to provide an overview of the relevant regulations. However, it is not definitive, and the responsibility lies with each sailor to ensure that he or she knows about and complies with the relevant government regulations and The Racing Rules of Sailing.
Federal law (46 U.S.C. §4302) delegates to the Coast Guard the authority to make regulations concerning safety equipment on recreational vessels. The Coast Guard has issued the following regulation (33 CFR 175.15):
Except as provided in Sec. 175.17 and 175.25:
(a) No person may use a recreational vessel unless at least one PFD of the following types is on board for each person:
(1) Type I PFD;
(2) Type II PFD; or
(3) Type III PFD.
(b) No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in paragraph (a) of this section.
(c) No person may operate a recreational vessel under way with any child under 13 years old aboard unless each such child is either–
(1) wearing an appropriate PFD approved by the Coast Guard; or
(2) below decks or in an enclosed cabin.
There are several exceptions to this regulation:
-It does not apply to sailboards (33 CFR 175.17). It is presently unclear whether it applies to kiteboards.
-It does not apply to “Foreign boats temporarily using waters subject to U.S. jurisdiction” (33 CFR 175.1). Instead:
-”Vessels of the United States used by foreign competitors while practicing for or racing in competition are exempted from the carriage of any PFD required under Sec. 175.15, provided the vessel carries one of the sponsoring foreign country’s acceptable flotation devices for each foreign competitor on board.” (33 CFR 175.17)
The Coast Guard has put together a helpful guide to state regulations concerning personal flotation devices.
Suggested Language for Notice of Race and Sailing Instructions
Organizing authorities may find the following language helpful when writing the Notice of Race or Sailing Instructions. (But be advised, this is suggested language. OAs are advised to check with their own legal counsel if they have questions about this matter.)
“Competitors shall wear a personal flotation device (PFD) approved by the US Coast Guard (or for international competitors, the equivalent authority of their home country)…”