Hello - I'm reaching out to State members on specific laws/regulations for using aft-facing seats on Pontoon boats. I understand that some States have statutes for these seats that can be enforced on operators of the vessel.
I create Owner's Manuals for various boat builders and much of the information is based on the Federal CFR requirements, but we always use qualifiers that Country, State, Local and Lake requirements may differ. Some items not covered in the CFR such as proper seating, present a higher risk of liability to builders so that information is expanded to cover cover Capacity, Bow, Fishing, Swivel, Designated/Recommended and Do Not Sit locations generically.
I am currently working on the 1st of four different brands of Pontoon boats; all offer a "Swingback" lounge option. Most, but not all, are NMMA Certified. Some brand models are not equipped with a fence/rail/chain/stanchions aft of the seat as standard, but it's an option. Even though Swingback seats have been around for the past decade, but there is still no industry-wide agreement to safety concerns that I am aware of.
In this 1st manual, I currently dance around the issue by saying "When operating at slow speed below 5 mph in calm waters, Swingback seats can be used in the aft-facing position with caution. When on plane or in rough waters, Swingback seats should be used in the forward-facing position, by adults only," but there are no specific Warnings, and I do not address the fence/rail/chain/stanchions. See attachment.
I'm looking for State-specific laws on aft-facing seats to research and generate generic text that is useful to all boat operators in the U.S. Specific links would be best, but I'll take what I can get!
Thanks in advance for your help to promote safer boating, and best of luck to all with Operation Dry Water next weekend.
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John Jost
JTS Marine Technical Services
marinesafetyguide@gmail.com------------------------------