Maine Life Jacket Laws: An Overview
The Maine State Statute (38 M.R.S.A. § 450) requiring personal flotation devices (PFDs) or "life jackets" (a term commonly used to describe PFDs) on vessels in Maine mandates that all vessels over 12 feet in length have a life jacket for each passenger onboard and all passengers on vessels under 12 feet in length. Maine law also makes it a violation to not wear a life jacket when operating certain vessels.
All vessels 16 feet in length or longer must have at least one Type I, II, or III PFD in good and serviceable condition that is readily accessible, in addition to the above required USCG-approved Type I, II, III, or V individual flotation devices. Additionally, vessels 16 feet in length or longer that are operating on coastal waters, the Great Lakes, waters of the Red River Basin that are downstream from Lock and Dam 5 at Breckenridge, Minnesota, waters of the Red River Basin that are downstream from excluding Lake Winnipeg, Canada, sea ice covered waters of the Arctic Ocean and the Northwestern and Northeastern Bering Sea, including Norton Sound, Kotzebue Sound, and the Chukchi Sea, and waters of the Atlantic Ocean south and east of a line extending due south from the northernmost point of the state of Maine must carry a minimum of one Type I or II PFD that is a wearable device.
For vessels less than 16 feet long , personal flotation devices must be worn, and they can be of any type approved by the U.S. Coast Guard (USCG).
All life jackets worn by children under 12 years old must be USGC-approved and properly fitted. All personal flotation devices must be of the current type approved by the U.S. Coast Guard (USCG). The following table shows the differences among those types: There are also requirements for throwable PFDs for vessels at least 16 feet in length: Additionally, operator education and the laws regarding life jackets change based on the type of vessel operator – whether commercial or private – and even the age of the operator and any passengers that are onboard. Each age group has different requirements for the types of vessels they may operate and whether they are required to wear a life jacket (and if so, what type): The operator of a recreational vessel with four horsepower or more, permits an unaccompanied minor to operate the vessel who is under 16 years of age, and the vessel is not exempt under section 13058, subsection 1 or 2. The operator is subject to a fine in the amount of $100.00. An offense under this subsection is a traffic infraction.
Life Jacket Laws and Minors in Maine
While the above-mentioned requirements are the four general rules governing life jacket requirements for most vessels, there are additional mandatory requirements for certain individuals.
• All persons under 10 years of age on vessels of any length less than 30 feet must wear a Personal Flotation Device at all times while underway.
• All persons, regardless of age, who are operating a Personal Watercraft must wear a Water-Sports Vest ("Type I, II, III, or V USCG approved lifejacket") at all times while the vessel is in forward motion.
• All persons, regardless of age, who are waterskiing, parasailing, on a surfboard, or using a similar device must wear a Type I, II, III, or V USCG approved lifejacket at all times while on the waterskiing, parasailing, or using a similar device.
Acceptable Life Jackets for Use in Maine
Within Maine, the following are the types of life jackets acceptable in such waters:
(a) Type I, II, III, or V personal flotation devices (PFDs) meeting the specifications and standards in 46 Code of Federal Regulations (CFR) 25.149 and 160, promulgated by the United States Coast Guard;
(b) The equivalent of a Type I, II, III or IV United States Coast Guard-approved floatation device, including a belt pack-type life preserver, or an inflatable personal flotation device meeting the specifications and standards in 46 CFR 160.076 for flotation devices, except that such flotation devices are not accepted as personal flotation devices on canoes or kayaks;
(c) A Type IV throwable device, meaning a buoyant heaving line of at least 15 meters (50 feet) in length or a ring buoy with a diameter of at least 40 centimeters (16 inches);
(d) A vessel operating under the authority of the United States Coast Guard or public, municipal or private vessels with an overall length of less than 20.1 meters (66 feet) that are used in freshwater only are exempt from the requirements of paragraphs (a), (b) and (c) of this section if each person on board is required to have a personal flotation device at all times;
(e) A vessel operating under the authority of the United States Coast Guard or public, municipal or private vessels with an overall length of less than 20.1 meters (66 feet) that are used in ocean waters, estuaries, bays, lakes and rivers and that are not equipped with a Type I, II, III or IV United States Coast Guard-approved flotation device, or an inflatable personal flotation device that meets the specifications and standards of 46 CFR 160.076 for flotation devices, are exempt from the requirements of paragraphs (a), (b) and (c) of this section if each person on board is required to have a Coast Guard-approved Type I, II, III, IV or V personal flotation device on board that is appropriate for that person; and
(f) A fishing vessel that carries a shore-based observer must provide a Type I, II, III, IV or V personal flotation device for the observer that is appropriate to the observer’s size, in accordance with section 8.2.3 of the observer program manual on file with the department.
Life Jacket Violations and Penalties in Maine
In the event an operator of a vessel that is subject to a life jacket law (aka PFD law) fails to have his or her underage passengers properly equipped with a USCG approved PFD, the vessel operator (parent, guardian, or otherwise) is subject to criminal prosecution and conviction. A violation of a standard federal or state life jacket law may result in the payment of a fine of not more than $1,000.
The operator / owner of a given vessel can also be found responsible for the actions undertaken by those on board if those individuals are underage children. Because state laws vary on this issue, individuals or organizations considering a particular activity should contact the appropriate state authority for guidance on that particular law.
Boating while intoxicated, or operating a watercraft with a blood alcohol content (BAC) over . 08%, is illegal in every state in America. Under Maine law, a person may not operate a motorboat while under the influence of intoxication or while having the blood alcohol level of more than 0.08gm/ml. any person operating a vessel must submit to a BAC test upon request unless that person refuses, in which case the boat operator should be found in violation of the law and subjected to criminal prosecution.
Violating a Boating Under the Influence (BUI) rule carries some very serious penalties. BUI fines typically range widely between incidents. A first time offender can expect to pay anywhere between $5,000 and 20,000. A second offense will likely cost significantly more. A third or more offense can cost upwards of $50,000 or even jail time.
Boating and Life Jacket Safety Tips
To ensure a safe and enjoyable outing on the water, it is crucial to understand not just who is required to wear a life jacket, but how to wear one properly. Here are some key safety tips to keep in mind: Choose the right life jacket for your activity: Life jackets are available for a variety of activities, including fishing, personal watercraft riding, whitewater rafting, sailing, sea kayaking, paddleboarding, windsurfing and general paddlesports. Each of these life jackets has a different design and distinct level of buoyancy, so be sure to select one that is appropriate for the type of boating you’ll be doing. Stay informed about the weather: Before setting out on the water, make sure to check the forecast, particularly if rain or storms are in the picture. Monitor weather conditions while out at sea, and if bad weather suddenly comes up while you’re on the water, use common sense and head to shore as quickly as possible. Stay off the water in high winds and storms, even if you’re in a protected cove. If you encounter bad weather while out in an inflatable boat, return to land as quickly as possible, as these types of boats are not designed to withstand large waves or heavy rain. Be vigilant about other boaters: Before you head back to shore, check your boat for other boaters who may have gotten lost out at sea. Pay special attention to your kayak, outboard motor or dinghy that may have drifted away from your motorized vessel. Carry essential safety items: In addition to your life jacket, make sure you have paddles, a whistle, a paddle float, a bilge pump, bailing device, dry bag, storage float or Strobe light, first aid kit and a knife.
Common Life Jacket Violation Questions
I never wear a life jacket. Do I have to?
Except in certain circumstances, yes. Under both Maine and U.S. Coast Guard law, a life jacket must be worn by everyone who is on a vessel 16 feet or longer. However, even if the law didn’t require it, you should be wearing one.
I have my own kayak/sailboat/canoe/outboard motor (or whatever), and it has a US Coast Guard number on it. Isn’t that the same as having a life jacket?
No. If you’re operating a kayak, sailboat, canoe, inflatable, or other vessel under 16 feet, you don’t need to have a US Coast Guard number on your vessel. And there is no requirement to have a numbered vessel in order to obtain a life jacket.
I don’t have a life jacket. Can I get a used one?
Yes. Just make sure the jacket isn’t worn or damaged , and that it has a US Coast Guard label saying that it meets US Coast Guard standards for the type of vessel you own. Those words should also be followed by a number, which shows what type of waters the life jacket is designed to be used in: 50, 70, 100, 150, 1625 or 3200—these correspond to waters that are coastal, inland or oceanic.
How old does my life jacket have to be? I know mine is more than a year old.
It doesn’t matter how old your life jacket is. However, do inspect it each season to make sure it hasn’t been damaged as most life jackets need to be replaced every few years, even if you can’t see any apparent signs of damage. It’s always good to check out the US Coast Guard guidelines for any updates.