|
SENATE,
No. 2709
The
Commonwealth of Massachusetts
In the
Year Two Thousand and Six.
SECTION 1.?Chapter
90B of the General Laws, as appearing in the 2004 Official
Edition, is hereby amended by inserting after section 5B the following
section:-
Section 5C.? Every person aboard a kayak, as defined in section 13B, shall
wear at all times a Coast Guard approved personal floatation device of Type
I, II or III, in good and serviceable condition.?
SECTION 2. ?Section
11 of said chapter 90B, as so appearing, is hereby amended by
adding the following clause:-
(q)? Prescribe safety equipment required to be aboard any kayak, as defined
in section 13B, however no such rule or regulation may exempt kayakers from
the requirement to wear a personal flotation device as required by section
5C .
SECTION 3.? Said chapter 90B is hereby further amended by inserting
after section 13A the following section:?
Section 13B.? (a)? As used in this chapter,
?kayak? means a lightweight boat that: (i) is covered, except for a single
or double opening in the center thereof; and (ii) is propelled by a double
bladed paddle.?
(b)? Anyone who holds himself out as a kayak instructor for hire shall
obtain and maintain: (i) first aid training approved by the department of
public health; (ii) cardiopulmonary resuscitation training approved by the
department of public health; and (iii) kayak instructor certification from
the American Canoe Association, American Red Cross certification in small
craft safety and basic water rescue, or equivalent water training.
Any course of kayak instruction shall include, but not be limited to; (i)
the safety procedures appropriate to the level of kayak paddling difficulty;
and (ii) wet exit training, which training shall be conducted prior to a
student operating a kayak unsupervised or in water deeper than 5 feet.? Wet
exit training shall consist of practice escaping from a kayak while
submerged in a controlled water setting.? Wet exit training shall not be
required by this section if the kayak to be utilized by the student during
the training is a sealed-hull, sit-on-top or open-decked kayak in which no
part of the kayaker?s body is covered or enclosed within the cockpit, or
center opening of the kayak.
A liability release that limits an instructor?s responsibility to comply
with this section shall be void.? |
