§8–743.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Child” means an individual who is under the age of 13 years.

        (3)    “Personal flotation device” means a Type I, II, III, or V U.S. Coast Guard approved personal flotation device that is:

            (i)    The proper size for the child; and

            (ii)    In good and serviceable condition.

        (4)    (i)    “Vessel” means:

                1.    A vessel used for recreational purposes; or

                2.    A vessel leased, rented, or chartered for noncommercial use.

            (ii)    “Vessel” does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester’s license number while engaged in the harvesting of seafood for sale.

    (b)    (1)    A person may not operate or permit the operation of a vessel under 21 feet in length while there is present in the vessel a child not wearing a personal flotation device which is securely and properly attached to the child.

        (2)    If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to:

            (i)    Hold the child securely within the personal flotation device, including a strap that is secured between the child’s legs to fasten together the front and back of the personal flotation device;

            (ii)    Maintain the buoyancy of the child, including an inflatable headrest or high collar; and

            (iii)    Ensure the ready accessibility of the child from the vessel, including a web handle.

    (c)    Subsection (b) does not apply to:

        (1)    A vessel that is moored or anchored; or

        (2)    A child who is below deck or in an enclosed cabin.