(1) Except as provided in subsection (3), a person shall not operate a vessel on the waters of this state unless each person in an open deck area on board the vessel who is less than 6 years of age is wearing a type I or type II personal flotation device as described in R 281.1234 of the Michigan administrative code.

    (2) A parent or guardian of a child less than 6 years of age who accompanies that child on board a vessel that is not a charter boat described in subsection (3) shall ensure that the child is wearing a personal flotation device that complies with this section.

    (3) This section does not apply to a charter boat bearing either of the following:

    (a) A valid certificate of inspection issued by the United States coast guard that verifies the charter boat's compliance with subchapter H or subchapter T of the code of federal regulations, 46 C.F.R. 70.01-1 to 80.40 and 175.01-1 to 185.30-30.

    (b) A valid certificate of inspection issued by the department for a class C vessel that is greater than 45 feet in length.

    (4) As used in this section, "charter boat" and "class C vessel" mean those terms as defined in section 44501.

    (5) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.