Natural Resources, Parks and Recreation

Rule R651-221

Boat Liveries - Boat Rental Companies

Notice of Proposed Rule

(Amendment)

DAR File No.: 34515
Filed: 03/15/2011 05:37:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The issue of carriage of rental agreements on non-motorized craft was brought up by several rental companies and brought to the boating advisory council by the paddle sport representative. The complaint has been that on small non-motorized rental craft such as inner tubes and kayaks, there is not an adequate place to put a paper rental agreement without the document becoming wet. After discussion on the council and with several law enforcement staff, it was determined that an exception for non-motorized craft would not have any substantial impacts.

Summary of the rule or change:

The complaint has been that on small non-motorized rental craft such as inner tubes and kayaks, there is not an adequate place to put a paper rental agreement without the document becoming wet. After discussion on the council and with several law enforcement staff, it was determined that an exception for non-motorized craft would not have any substantial impacts.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-10(2)

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget. This is clarification only for an exception for non-motorized craft to carry paper rental agreements on board.

local governments:

There is no cost or savings to the local government. This is clarification only for an exception for non-motorized craft to carry paper rental agreements on board.

small businesses:

There is no cost or savings to small businesses. This is clarification only for an exception for non-motorized craft to carry paper rental agreements on board.

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

There is no cost or savings to the persons other than small business, businesses or local government entities. This is clarification only for an exception for non-motorized craft to carry paper rental agreements on board.

Compliance costs for affected persons:

There are no compliance costs to affected persons. This is clarification only for an exception for non-motorized craft to carry paper rental agreements on board.

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

Negligible impact on business.

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:

05/02/2011

This rule may become effective on:

05/09/2011

Authorized by:

Fred Hayes, Acting Operations Deputy Director

R651. Natural Resources, Parks and Recreation.

R651-221. Boat Liveries - Boat Rental Companies.

R651-221-1. Boat Livery Responsibilities.

(1) Each boat livery shall register with the Division annually and pay the appropriate fee, prior to the commencement of the operation.

(a) The annual boat livery registration requires the following:

(i) The completion of the prescribed application form;

(ii) Evidence of a valid business license; and

(iii) Payment of the prescribed fee.

(b) The annual boat livery registration fee shall be:

(i) $50 for boat liveries with up to 25 vessels in its fleet;

(ii) $75 for boat liveries with up to 50 vessels in its fleet;

(iii) $100 for boat liveries with more than 50 vessels in its fleet.

(c) A boat livery that is registered with the Division as an outfitting company shall not pay the boat livery registration fee.

(d) The annual boat livery registration will be required beginning January 1, 2008.

(2) The name of the boat livery shall be displayed on the outward superstructure of each vessel in the boat livery's fleet. If another governmental agency prohibits the display of a livery's name on the exterior of a vessel, the name shall be displayed in a visible manner that does not violate the agency's requirements.

(3) A boat livery shall produce a lease or rental agreement for each vessel leased or rented from its fleet.

(a) The lease or rental agreement shall contain the following information and shall be signed by the owner of the livery or his representative and by the person leasing or renting the vessel.

[(b) A copy of the lease or rental agreement shall be carried on board the vessel and shall contain the following information:

] (i) The name of the person leasing or renting the vessel;

(ii) The vessel's assigned bow number, hull identification number, or other number if the vessel is not powered by a motor or sail;

(iii) A description of the vessel's make, model, color and length;

(iv) The period of time for which the vessel is leased or rented; and

(v) A check-off list of the required safety equipment provided on the vessel.

(b) For motorboats and sailboats, a copy of the lease or rental agreement shall be carried on board.

(c) For non-motorized vessels rented or leased in a group, one rental agreement is required .[ and shall be carried on board one of the vessels by the person who rented or leased the vessels or the designated group leader.]

(4) Upon request of an agent of the Division, the owner of a boat livery or his representative shall provide the Division with a copy of a lease or rental agreement.

(5) The certificate of registration for a leased or rented vessel may be retained on shore by the boat livery.

(6) A recreational "equipment timeshare" business which leases or rents vessels for consideration is a boat livery.

(7) A boat livery shall have each vessel in its fleet that is equipped with a 50 hp or greater motor covered with liability insurance as required in UCA 73-18c-101 through 308, and UCA 31A-22-1501 through 1504.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2011

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-10(2)