10.105 - FAILURE TO WEAR A LIFE JACKET
Violations of "Statute 10.105" results in an Infraction and a fine of $250.
(a) Definitions
Failure to wear a life jacket involves failing to wear or have access to a personal flotation device when required by law, particularly for certain vessels or conditions.
Types of Requirements
Personal Flotation Devices: Must be available for each person on board.
Wear Requirements: Specific requirements apply, such as wearing life jackets for children under a certain age or during specific conditions.
(b) Elements
The following elements must be met to constitute not wearing a life jacket:
The defendant was on a vessel where life jackets were required.
The defendant was not wearing or had immediate access to a life jacket.
The offense occurred on San Andreas waters.
(c) Defenses
Defenses against a charge for failing a boating safety inspection may include:
It shall be a defense if the defendant can prove that they were in the process of obtaining or putting on a life jacket when approached by authorities.
Evidence that the defendant had a valid life jacket on board and it was accessible may also serve as a defense.
(d) Aggravating Factors
The following aggravating factors may influence the severity of penalties or sanctions for this charge:
Aggravating factors such as operating a vessel under hazardous conditions or having multiple individuals without life jackets on board may result in increased penalties or additional actions as determined by the court.
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