(a) Every operator of a recreational boat shall be responsible for providing for the protection of any child 12 years of age or under by having any such child who is aboard a recreational boat upon the waters of this State, properly wear a Type I, II, III or V Coast Guard-approved personal flotation device which is in good serviceable condition and of the proper size. This section shall not apply to any child who is below deck or in an enclosed cabin or while said recreational boat is anchored or moored.

Terms Used In Delaware Code Title 23 Sec. 2202

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) Whoever violates subsection (a) of this section shall be guilty of a class D environmental violation. The failure to provide a flotation device for more than 1 child in the same recreational boat at the same time, as required by this section, shall be treated as separate offenses.

66 Del. Laws, c. 193, § ?1; 69 Del. Laws, c. 60, § ?2; 79 Del. Laws, c. 421, § ?15;