Skip to content

One of our Fleet 27 members recently asked what safety equipment an Etchells must carry aboard during racing. This section answers that seemingly simple question.

References:
• A Boater’s Guide to the Federal Requirements for Recreation Boats
• Boater’s Guide to Maine Boating Laws and Responsibilities
• Code of Federal Regulations, Title 33, Part 175: 33 CFR 175
• Maine Revised Statutes, Title 12, Chapter 935 (see Section 13068-A)

Personal Flotation Devices (PFD)

  • USCG Regulations for PFD’s are codified in 33CFR175 subpart B, and can be summarized as follows:
    1. One Type I, II, III or V PFD per person plus
    2. One Type IV throwable
    3. PFD’s must be Coast Guard approved
    4. PFD’s must be wearable by the intended user and readily accessible.
  • RRS for PFDs: (NOTE: The following needs to be updated for the 2021-24 RRS)
    1. RRS Rule 40 requires PFD’s be worn when code flag Y is displayed (assuming the signal is displayed properly IAW the Racing Rules):
      • 40. PERSONAL FLOTATION DEVICES
        • When flag Y is displayed with one sound before or with the warning signal, competitors shall wear personal flotation devices, except briefly while changing or adjusting clothing or personal equipment. When flag Y is displayed ashore, this rule applies at all times while afloat. Wet suits and dry suits are not personal flotation devices.
    2. Take particular note of the fact that the RRS do not define specifically what constitutes a PFD. Seems like an oversight, as it opens this up for interpretation.
    3. US Sailing prescription 40 further states (but does not add anything meaningful):
      • Change rule 40 title to: PERSONAL FLOTATION DEVICES; LIFE-SAVING EQUIPMENT
      • After rule 40 add: US Sailing prescribes that every boat shall carry life-saving equipment conforming to government regulations that apply in the racing area. Go to rules.ussailing.org and click the ‘PFD’ link for more information.
    4. Note: The prescription just says carry USCG-approved PFDs. If the OA wants to make it a requirement that the competitors wear USCG-approved PFDs when code flag Y is displayed, the NOR or SI’s need to specifically state so. The US Sailing site provides some suggested language.

So, absent specific language in the NOR or SI stating otherwise, you must carry USCG-approved PFD’s, but you may wear anything that qualifies as a PFD (such as a Zhik “Commonwealth” PFD). Note, the USCG has finally seen fit to approve a version of Zhik’s superb PFD.

Visual Distress Signals (VDS)

  • Visual Distress Signals (VDS) are various items, such as flares and flags, to help make a boat in distress more visible to search and rescue. The US Government has regulations governing what types are required to be carried by various vessels in various waterways. The USCG is the usual enforcing agency, but the state also has a role in enforcement.
  • VDS are not required within the area of Casco Bay where we usually sail.  However, on the ocean side of the islands, VDS are required IAW 33CFR175.110, except when participating in a regatta, race or boat parade during daylight hours.
No VDS required on Protected waters of “inner” Casco Bay (inside Portland Head) where all entrances to the open water are less than 2 miles wide
  • (VDS cont’d)
    • The USCG Portland Station and Falmouth Harbormaster have each confirmed they do not require VDS on vessels operating on Casco Bay inside Portland Head. However, they both highly recommend boats carry them, especially the items that do not expire, such as the daytime distress flag and night-use signal lights.
    • Outside the islands on “outer” Casco Bay, VDS generally are required per Federal and State laws. The exception is when participating in an organized event such as a race, regatta, or boat parade during daylight hours
    • When required, VDS include a minimum of three-day use and three-night use or three day/night combination pyrotechnic devices. Non-pyrotechnic substitutes: one orange distress flag (day-use) and one electric SOS signal light (night-use). Pyrotechnic signals must be have a manufacture date within 42 months of the current date.
    • Sound Producing Devices: Horn or whistle recommended to signal intentions or signal position.
    • Exceptions: IAW 33CFR175.115, when operating on waters that normally require boats to carry VDS, the following vessels are not required to carry day signals, but must carry night signals when operating from sunset to sunrise:
      • Boats participating in organized events, such as races, regattas, or marine parades. {This begs the question, “What constitutes an ‘organized event’?” I suspect the event must be registered with the USCG through the local Captain of the Port.}

Maine Boating Safety Equipment Regulations Echo Federal Regulations

Although pages 38 and 39 of the Maine Boating Handbook seem to imply boats are required to carry VDS in the coastal waters of Casco Bay, the pamphlet is misleading and Maine’s official boating laws in fact mirror the Federal laws.  The Maine Boating handbook pamphlet is written by a company in Texas and the pamphlet does not fully align with current Maine boating regulations found mostly in Title 12 (plus an insignificant few remaining regulations in Title 38) of the Maine Revised Statutes. In any event, the Maine regulations regarding boating found in Title 12 seem to be focused mostly on activities in inland lakes, rivers, and ponds, although there are some regulations pertaining to the coastal waters. Note, the Maine Department of Marine Resources (DMR) has jurisdiction over the coastal waters.  Maine Department of Inland Fisheries and Wildlife (MDIFW) has jurisdiction over the internal waters in Maine.

The only still-active Maine regulation identified to date that addresses boating safety equipment requirements is MRS Title 12, section 13068-A, the relevant part of which is quoted below:

4. Operating watercraft without proper safety equipment.  Except as provided in paragraph B, a person may not operate a watercraft without proper safety equipment as described in paragraph A.
A. A person operates a watercraft without proper safety equipment if the person operates a watercraft and:
(1) Fails to comply with the same requirements pertaining to lights, life-saving devices, fire extinguishers and other safety equipment as required by federal laws and regulations on federal navigable waters, as promulgated under the Federal Boat Safety Act of 1971, Public Law 92-75, as amended;
(2) Fails to comply with requirements pertaining to additional equipment not in conflict with federal navigation laws, which the commissioner may prescribe if there is a demonstrated need;
(3) Fails to wear a Coast Guard approved Type I, Type II or Type III personal flotation device while canoeing or kayaking on the Saco River between Hiram Dam and the Atlantic Ocean between January 1st and June 1st; or
(4) Fails to wear a Coast Guard approved Type I, Type II, Type III or Type V personal flotation device while operating a watercraft on:
(a) The Penobscot River, between the gorge and the head of Big Eddy; or
(b) The Kennebec River, between Harris Station and Turtle Island, at the foot of Black Brook Rapids.

[2003, c. 655, Pt. B, §380 (NEW);  2003, c. 655, Pt. B, §422 (AFF).]

So, I read 4.A.(1) as stating that Maine requires boaters to comply with the Federal boating safety equipment regulations.  For inner Casco Bay, the Federal regulation (codified in 33CFR175.101 and subsequent subparts) is summarized as “No VDS Required.” See also: A Boater’s Guide to the Federal Requirements for Recreation Boats, page 17. Casco Bay is represented by the “bay” on the graphic on page 17.

If you venture outside the barrier islands on the exposed waters, then you are required to carry VDS appropriate for the time of day, unless you are part of a race, regatta, or boat parade during the day.

I spoke with the USCG Small Boat Station Operations Officer in South Portland, who confirmed that as far as the US Coast Guard is concerned, no VDS are required inside Portland Head and inside the islands bounding our regular sailing waters in western Casco Bay (IAW 33 CFR 175.105). He did echo others who state it remains a good idea to carry VDS, even if not required. This VDS enforcement policy and companion recommendation were echoed nearly word-for-word by the Falmouth Harbormaster (e.g., the Falmouth Police Marine Unit).

The OIC of USCG Small Boat Station, South Portland called me the next day (6/20/19) and reiterated all that I was told the previous day regarding VDS requirements. In his career, he has been stationed around the country in many states and said he has never seen a state invoke anything other than the Federal VDS requirements. And where there are inlets or bays similar to Casco Bay in other states, the VDS requirements are “No VDS required.”

If you pull the string on the Federal Boat Safety Act of 1971, Public Law 92-75, as amended; it allows for states to add additional safety requirements, but only for unusual circumstances unique to the state. This is reflected in 4.A.(2) of the portion of the MRS regulation quoted above. However, to date, I have not found a Maine law that imposes any additional safety equipment requirements over and above the Federal requirements.