Natural Resources, Parks and Recreation

Section R651-219-7

Equipment Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33424
Filed: 03/01/2010 06:23:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule needs to be expanded to include other vessels commonly in use that it would be impractical to carry additional equipment on. These vessels include float tubes and standup paddle craft. The section to be deleted from this rule on exterior portions was moved to statute about ten years ago and this deleted rule reference was not caught until recently.

Summary of the rule or change:

There are many float tube and standup paddle craft used in Utah which without the exemption, technically need to comply with equipment laws. Since the rule regarding riding on exterior portions was changed to statute about ten years ago, the Division can no longer offer this exemption, as a rule cannot exempt someone from complying with a statute.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-8(6)

Anticipated cost or savings to:

the state budget:

There is no cost for this amendment. It is for clarification and compliance purposes. Clarifying the issue with a specific distance will aid the public in compliance and the division with education and enforcement.

local governments:

There is no cost for this amendment. It is for clarification and compliance purposes. Clarifying the issue with a specific distance will aid the public in compliance and the division with education and enforcement.

small businesses:

There is no cost for this amendment. It is for clarification and compliance purposes. Clarifying the issue with a specific distance will aid the public in compliance and the division with education and enforcement.

persons other than small businesses, businesses, or local governmental entities:

There is no cost for this amendment. It is for clarification and compliance purposes. Clarifying the issue with a specific distance will aid the public in compliance and the division with education and enforcement.

Compliance costs for affected persons:

There is no cost for this amendment. It is for clarification and compliance purposes. Clarifying the issue with a specific distance will aid the public in compliance and the division with education and enforcement.

Comments by the department head on the fiscal impact the rule may have on businesses:

There should be negligible impact on business.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2010

This rule may become effective on:

07/13/2010

Authorized by:

Mark Forbes, Deputy Director (Legislation)

R651. Natural Resources, Parks and Recreation.

R651-219. Additional Safety Equipment.

R651-219-7. Equipment Exemptions.

(1) Sailboards , float tubes, standup paddlecraft, and personal watercraft are exempt from the following rules: Section R651-219-2 bail buckets; and Section R651-219-3 spare propulsion[; and Section R651-225-4 prohibiting riding on exterior surfaces].

(2) Vessels owned by the Lagoon Corporation and operated by its employees or customers under the controlled use and confines of the Lagoon Amusement Park waterways are exempt from the following Sections: R651-215-[11]9(3), R651-219-2, and R651-219-3.

(3) Vessels owned by the Salt Lake Airport Hilton Inn and operated by its employees or customers under the controlled use and confines of the Salt Lake Airport Hilton Inn waterways are exempt from the following sections: R651-219-2 and R651-219-3.

(4) Racing vessels participating in a sanctioned race may be exempted from certain equipment requirements by the division upon written request to the division. The equipment exemption shall only be in effect the day before and the day of the race if conditions of the exemption are met.

(5) Non-standard, manually propelled vessels such as air mattresses and inner tubes are required to be compliant with life jacket and equipment requirements when: (a) being used on any river, (b) being used over 50 feet from shore, except in a marked swimming area.

 

KEY: boating, parks, life jackets

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2010

Notice of Continuation: April 18, 2006

Authorizing, and Implemented or Interpreted Law: 73-18-8(6)