On The Water
Harb. & Nav. Code 658.3 — under 13 in the jacket, and 0.08 on a recreational vessel
In California, the Harbors and Navigation Code sets the alcohol figures for vessels and the flotation rules for recreational boats, and the child rule applies whenever the vessel is underway, meaning at all times except when anchored, moored or aground.
A child under 13 wears one, unless below deck. A person may not operate a recreational vessel underway with a child under 13 years of age onboard unless the child is wearing an appropriate coast guard approved personal flotation device, or is below deck or in an enclosed cabin. A violation is an infraction.
One for each person, and a throwable at 16 feet. A recreational vessel carries at least one wearable personal flotation device for each person on board, used as its approval label requires, and one 16 feet or more in length also carries a throwable one. Anyone on a personal watercraft or being towed on water skis wears a wearable device, with narrow exceptions.
0.08 for recreational vessels, 0.04 for others. No person operates a vessel or manipulates water skis or a similar device while under the influence of alcohol or any drug. No person operates a recreational vessel with a blood alcohol concentration of 0.08 percent or more, or any other vessel with 0.04 percent or more, and a chemical test within three hours after operation showing those figures raises a rebuttable presumption.
Who can supply the cause. Information from a coast guard officer who directly observed the offense may be the sole basis for the reasonable cause a peace officer needs to make the arrest.
| The assumption | What the law actually does |
|---|---|
| The assumptionA child in the cabin still has to wear one | What the law actually doesBelow deck or in an enclosed cabin satisfies the rule |
| The assumptionThe road limit is the only limit on the water | What the law actually does0.08 for a recreational vessel, and 0.04 for any vessel other than a recreational one |
Registration and numbering, boating education, the rest of the equipment rules and the higher penalties for repeat offenses are not all on this page. What a particular citation carries is a question for a licensed California attorney.
Sources for this section (2)
- Harb. & Nav. Code 658.3 — Personal flotation devices, and children under 13 on a recreational vessel
- Harb. & Nav. Code 655 — Reckless operation, and operating a vessel under the influence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.