(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 f 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.
Maryland Legal Code