New Florida commercial operator regs.

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Old Yeller
Southern Airboat Member
Posts: 12
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller » Mon Jan 13, 2020 12:53 pm

Please show me where to find the "Exemption of Preemption" in CFR for Ellie's Law to be applied to US Navigable Waters in Florida.

This is an example of how state or local laws are properly enacted to be applied to US Navigable Waters:
The CFR requires children under 13 to wear a life jacket, the states were "allowed", by exemption of preemption, to set the requirement if they chose.

SUBCHAPTER S—BOATING SAFETY
PART 175—EQUIPMENT
REQUIREMENTS
Subpart A—General
Sec.
§ 175.5 Exemption from preemption.

The States are exempted from preemption by Federal regulations when establishing, continuing in effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation devices directly related to the following subject areas within the jurisdictional boundaries of the State:
(a) Children on board any vessel;
(b) Operating a canoe or kayak;
(c) Operating a sailboard; and
(d) Operating a personal watercraft.
[CGD 92–045, 58 FR 41608, Aug. 4, 1993]

Old Yeller
Southern Airboat Member
Posts: 12
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller » Thu Jan 16, 2020 11:42 am

Glad to see Alachua County Court addressed preemption in II. "Implied Preemption in para #41-48!!
State TRUMPS local, Federal TRUMPS state!

GREAT JOB Smokster :D
Attachments
Alachua County_Schaus_Final Order.pdf
(283.28 KiB) Downloaded 7 times

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