DAR File No. 37242

Natural Resources, Parks and Recreation

Rule R651-224

Towed Devices

Notice of Proposed Rule

(Amendment)

DAR File No.: 37242
Filed: 01/31/2013 05:00:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2012 General Session, S.B. 84 was passed by the Utah Legislature and was signed into law by Governor Herbert. This created several exemptions from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. The rule is deficient in providing for the exemption created by law and needs to be amended.

Summary of the rule or change:

S.B. 84 (2012) was passed by the Utah Legislature and was signed into law by Governor Herbert. This created several exemptions from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. The rule is deficient in providing for the exemption created by law and needs to be amended.

State statutory or constitutional authorization for this rule:

• Section 73-18-15

Anticipated cost or savings to:

the state budget:

This amendment does not affect the state budget. It does not change patrol functions or time, signage or educational materials. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions.

local governments:

This amendment does not affect local government. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions.

small businesses:

This does not affect small businesses in anyway. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions.

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

This does not affect individuals, partnerships, or corporations. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions.

Compliance costs for affected persons:

There are no compliance costs associated with this amendment. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions.

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

Should have no 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 RecreationRoom 116
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:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-224. Towed Devices.

R651-224-1. Observer Required.

The operator of a vessel which is towing a person on water skis or other devices shall be responsible for maintaining a safe course with proper lookout. Except as provided in 73-18-16, UCA,[T]the progress of the person under tow shall be reported to the vessel operator by the observer.

 

R651-224-2. Unlawful Methods of Towing.

No person shall operate a motorboat or have the engine of a motorboat run idle while a person is occupying or holding onto the swim platform, swim deck, swim step or swim ladder of the motorboat or while a person is being towed in a non-standing position within 20 feet of the vessel. These restrictions do not apply when a person is occupying the swim platform, swim deck, swim step or swim ladder while assisting with the docking or departure of the motorboat, while exiting or entering the motorboat, or when a motorboat is engaged in law enforcement activity.

 

R651-224-3. Flag Required.

Except as provided in 73-18-16, UCA [T]the operator of a vessel engaged in a towed watersport shall be responsible for a flag to be displayed by the observer in a visible manner to other boaters in the area only when a person to be towed is in the water, either preparing to be towed or finishing a tow. The flag shall be international orange at least 12 inches square and mounted on a handle.

 

R651-224-4. PFD to be Worn.

Except as provided in 73-18-16, UCA [T]the operator of a vessel which is towing a person(s) on water skis or other devices shall require each person who is water skiing or using other devices to wear a United States Coast Guard approved personal flotation device (PFD), except an inflatable PFD may not be used.

 

R651-224-5. Capacity of Towing Vessel.

The operator of a vessel which is towing a person(s) on water skis or other devices shall use a vessel with sufficient carrying capacity, as defined by the manufacturer, for the occupant(s) onboard and the person(s) being towed.

 

R651-224-6. No Towing in Marinas.

The operator of a vessel shall not tow a person(s) in or on any towed device within a wakeless area surrounding a developed marina or launch ramp.

 

KEY: boating, water skiing

Date of Enactment or Last Substantive Amendment: [July 27, 2011]2013

Notice of Continuation: January 11, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-15