Natural Resources, Parks and Recreation

Section R651-215-9

Required Wearing of PFDs

Notice of Proposed Rule

(Amendment)

DAR File No.: 33725
Filed: 06/08/2010 11:16:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The river running community wanted the Division to take a look at the designated flatwater section of the boating rules and make changes as recommended by a committee consisting of staff and representatives of the river running committee.

Summary of the rule or change:

The committee recommended strengthening the language requiring Personal Flotation Device (PFD) wear on rivers as they felt the current language was not specific enough. The wording changes recommended do not change the intent of the rule, but only clarifies the rule.

State statutory or constitutional authorization for this rule:

• Section 73-18-8

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget with regards to this change. The change clarifies the rule only.

local governments:

There is no anticipated cost or savings to local governments with regards to this change. The change clarifies the rule only.

small businesses:

There is no fiscal impact associated with the clarification of this rule to small business.

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

There is no fiscal impact associated with the clarification of this rule as it is for clarification purposes only. The intent of the rule does not change.

Compliance costs for affected persons:

Compliance costs do not change with regards to the clarification of this rule.

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

No fiscal impact.

Michael 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 tammywright@utah.gov

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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Fred Hayes, Acting Operations Deputy Director

R651. Natural Resources, Parks and Recreation.

R651-215. Personal Flotation Devices.

R651-215-9. Required Wearing of PFDs.

(1) An inflatable PFD may not be used to meet the requirements of this [S]section.

(2) All persons on board a personal watercraft shall wear a PFD.

(3) The operator of a vessel under 19 feet in length shall require each passenger 12 years of age or younger to wear a PFD. This rule is also applicable to vessels 19 feet or more in length, except when the child is inside the cabin area.

(4) On every river[s], every person on board a vessel [shall]must wear a PFD, except PFDs may be loosened or removed by persons 13 years of age or older on designated flat water [areas]river section(s) as listed in Section R651-215-[12]10.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [November 3, 2008]August 9, 2010

Notice of Continuation: February 13, 2006

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