Testimony of Mark V. Rosenker
Vice Chairman, National Transportation Safety Board
before the
Judiciary Committee
Council of the District of Columbia
Bill 15-719 - Juvenile Flotation Device Requirement Amendment Action Of 2004
Washington, DC
May 27, 2004

Good morning, Chairman Patterson and members of the Committee. It is a pleasure to be here this morning to discuss the National Transportation Safety Board's recreational boating safety recommendation addressing the use of personal flotation devices for children.

The National Transportation Safety Board is an independent Federal agency charged by Congress to investigate transportation accidents, determine their probable cause, and make recommendations to prevent their recurrence. The Safety Board has neither regulatory authority nor grant funds. The recommendations that arise from our investigations and safety studies are our most important product. In our 35-year history, more than 80 percent of our recommendations have been adopted by organizations and government bodies in a position to effect improvements in transportation safety.

Recreational boating accidents result in the greatest number of transportation fatalities after highway crashes, even exceeding fatalities from aviation crashes. In 2002, 750 persons were killed in boating accidents in this country. An American Red Cross survey indicates that more than 355,000 persons are injured annually from recreational boating accidents, and more than 40 percent of the injuries require medical treatment beyond first aid. The number of recreational boats and the speed at which they operate has increased in recent years.

As a result of its concern about the number of boating deaths and injuries, the Safety Board, in 1993, conducted a study of recreational boating accidents and their causes. Examining recreational boating accidents that occurred in 18 States in 1991, the Board reviewed information on 407 fatal recreational boating accidents, which resulted in 478 fatalities. These accidents represented about 52 percent of both the accidents and the fatalities that occurred in 1991. The Safety Board also reviewed U.S. Coast Guard data and studies performed by other organizations. Further, the Board investigated three recreational boating accidents from 1992 in which 13 persons died, including 4 children and 2 teenagers. The minimal use of personal flotation devices (PFDs) that we found in our investigations of fatal recreational boating accidents was particularly notable.

Today I want to discuss issues that pertain to PFD use. First, failure to use PFDs can have fatal consequences. And second, States should require greater use of PFDs, especially among children.

Failure to use PFDs is the leading cause of recreational boating drowning fatalities. Of the 478 fatalities that occurred in the accidents examined in our 1993 study, 351 resulted from drowning. Of those who drowned and for whom information on PFD use was available, 85 percent (281) did not wear PFDs. The Safety Board reviewed the circumstances of the 281 drownings in which the victims were not wearing a PFD. We determined that as many as 238 persons (85 percent) may have survived had they been correctly wearing a PFD. Only a few factors can negate the life-saving value of PFDs. The most common factors are hypothermia and injury as a result of blunt force trauma.

The U.S. Coast Guard's 2002 statistics again confirmed the importance of PFD use; 85 percent of the fatalities that drowned in recreational boating accidents in 2002 could have survived if they had taken the simple step of wearing a lifejacket. For the record, there were 750 recreational boating fatalities in 2002 of which 524, or about 70 percent of the boaters drowned. PFDs could have prevented an estimated 440 or 84 percent of those fatalities. There is no question that wearing a PFD can save your life. The 2002 data also showed that 28 children age 12 and under lost their lives while boating in 2002 compared to 26 children in 2001. Moreover, nearly 40 percent of the children who died in 2002 were not wearing PFDs.

One accident in Arkansas that the Safety Board investigated highlights the Board's concerns. At about 11:30 on a Sunday morning, a 9-person family boarded a family-owned boat at a public boat launching area on the Fourche La Fave River near Perryville, Arkansas. The family, which included a man, a woman, and children ranging in age from 16 months to 14 years, intended to go down the river to fish from the bank. The man and a 12-year-old girl were the only persons on board who could swim.

Although weather conditions were ideal, the boat and the passengers were not adequately prepared for potential problems. The weather was clear and 90 degrees. Visibility was good, and there were only light winds. The 14-foot long aluminum boat was open, flat-bottomed, and not equipped with PFDs. With a 9.9-horsepower outboard motor, the motorboat fell under the Arkansas exemption, which did not require motorboats of less than 10 horsepower to carry PFDs. The passengers, who also did not wear PFDs, sat in one of the four bench seats. At the site of the accident, the river was approximately 80 feet wide, and its depth at the center varied from 9 to 50 feet.

As the boat headed downstream, water splashed on the boy and girl who were sitting in the front seat. They moved rearward, causing the boat to flood. It sank in the middle of the river, in about 14 feet of water, and about 100 feet downstream from the boat launching area. The 12-year old girl swam to shore, and a 14-year old girl supported herself in the water by holding onto the bow of the boat, which remained above the surface.

Two fishermen, who arrived at the boat-launching area shortly after the accident, found the 12-year-old on the riverbank and the 14-year-old holding onto the boat. The men entered the water and brought the 14-year-old ashore. One rescuer searched the riverbank for more survivors. He found an unconscious 4-year old in the water, near the riverbank, in the approximate area of the accident. Although he administered cardiopulmonary resuscitation (CPR), the child was pronounced dead upon arrival at a local hospital. Officials started a search, and found five other victims that day and one the next day.

The Safety Board's investigation of this accident concluded that the lack of PFDs contributed to the loss of these seven lives.

Another brief example shows the effectiveness of PFDs. Three men launched a small inflatable raft on the Arkansas River near Swissvale, Colorado. A Colorado State park ranger had spotted the three men at one point. Observing that one rafter was not wearing a PFD, the ranger contacted the men. After determining that the raft carried the correct number of PFDs, the park ranger recommended that the remaining rafter also wear his PFD. The rafter asked if he was legally required to wear a PFD and was told that he was not. As a result, he did not put it on, despite the fact that he could not swim.

After traveling about 2 miles, the men started through a rapid. Their raft was thrown sideways, hit a small rock, and capsized, throwing all three men into the water. Two men wearing PFDs struggled and eventually reached the riverbank. The third man, who had earlier refused to use a PFD, drowned.

At this point I would like to digress to a commercial vessel accident that has gotten a lot of media attention. The accident I am referring to is the capsizing off the coast of Oregon of the Taki Tooo, a charter fishing boat carrying 17 passengers and 2 crew members. The good news is that 8 of those aboard bravely managed struggle through 50-degree waters to safety on the shore. The bad news is the other 11 did not and were drowned. What was so troubling about this accident is that none of the 8 deceased persons found outside the vessel were wearing PFDs (1 person was found in the vessel and 2 people have not been found.) Simple PFD use could have very well saved those 8 lives.

While the Taki Tooo is an extreme accident and was not a recreational boat, there are numerous cases that support the need for PFD wear. State and federal laws require that all boats have life jackets on board. The problem is that they do not work if no one is wearing them. As with many accidents in which boats capsize, people don't think to put them on until it's too late. This is why the NTSB has recommended that the States consider minimum standards to reduce the number and severity of boating accidents including PFD use by children mandatory. Logically requiring children to wear PFDs could, over time, result in more adults who wear PFDs, such as occurred with the use of child safety seats and safety belts in automobiles. Forty-three States and Puerto Rico currently have some type of PFD use requirement for children. The Safety Board would like to see the District of Columbia join the 43 States and Puerto Rico.

District of Columbia law currently requires persons under 18 to wear personal flotation devices in limited circumstances. Bill 15-719, the measure before you, would require children under age 13 to wear a PFD while the boat is underway unless the child is below decks or in an enclosed cabin. This legislation is consistent with the recommended guidelines of the U.S. Coast Guard, the National Association of State Boating Law Administrators, and the American Academy of Pediatrics, which states that at a minimum, children age 12 and under should be required to wear PFDs without vessel length or horsepower exclusions. The broader the coverage of this legislation, the safer the children of the District of Columbia will be. Enacting this legislation would be an important step toward making boating safer for the children of the District of Columbia.

Finally, the National Transportation Safety Board asks that the Council of the District of Columbia consider this as emergency legislation so that it can be implemented during this summer season. The loss of one child would be one too many.

Thank you for providing the National Transportation Safety Board an opportunity to testify about this important safety initiative. I would be happy to answer any questions you may have.