DAR File No. 37602

Natural Resources, Parks and Recreation

Rule R651-214

Temporary Registration

Notice of Proposed Rule

(Amendment)

DAR File No.: 37602
Filed: 05/07/2013 07:02:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under the current rule, only a vessel dealer can apply for a temporary registration on the vessels in their inventory.

Summary of the rule or change:

There are many non-dealers who sell and purchase their vessels from non-dealers each year. The proposed changes will allow a non-dealer to apply for a temporary permit to allow a prospective buyer to test run the vessel without permanent/temporary registration. The 96-hour permit will allow a mechanic to legally test run the vessel on public water for a short time period.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-7(18)(d)

Anticipated cost or savings to:

the state budget:

No effect on state budget as this rule change updates the rule to be consistent with Division of Motor Vehicles (DMV) procedures that have been in effect for some time.

local governments:

No effect on local government as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time.

small businesses:

No effect to small businesses as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time.

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

No effect on others as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time.

Compliance costs for affected persons:

No change in compliance costs as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time.

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

Should have a positive 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:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-214. Temporary Registration.

R651-214-1. Temporary Registration.

(1) A vessel dealer may apply for temporary registrations to be used on motorboats or sailboats sold by his business. The application to obtain temporary registrations is the same as outlined in Section R651-213-1.

(2) Each temporary registration will be valid for a period not to exceed 30 days from date of issue.

(3) A temporary registration will not be valid on any motorboat or sailboat held in the dealer's inventory for sale or any motorboat or sailboat not sold by the same dealer who issued the registration.

(4) A dealer shall not issue more than one temporary registration for any motorboat or sailboat.

(5) A dealer who obtains temporary registrations will be responsible for their issuance and is required to maintain records of each registration obtained and issued. Dealer records will contain a description of the vessel sold, the name and address of the purchaser, and the date issued.

(6) Temporary registration records kept by the dealer shall be made available for inspection and audit by authorized agents of the Division of Motor Vehicles during regular business hours.

(7) If the Division of Motor Vehicles has reasonable grounds to believe that a dealer has failed to comply with any of the above provisions, after notice to the dealer and a hearing, temporary registration issuance privileges may be canceled. Upon cancellation, the dealer will surrender all unissued temporary registrations to the Division of Motor Vehicles within 15 days.

(8) Temporary Operating Authority

(a) The division, or its authorized representatives, may grant a temporary permit to operate a vessel for which:

(i) application for registration has been made, or, in the case of a newly purchased vessel, will be made

(ii) evidence of ownership is provided; and

(iii) the proper fees have been paid.

(b) The temporary permit allows the vessel to be operated pending complete registration by displaying the temporary permit.

(c) If a vessel is operated on a temporary permit issued under this section, that vessel is subject to all other statutes, rules, and regulations intended to control the use and operation of vessels on the waterways.

(9) Relocation Permit

(a) Under rules made by the administrator, relocation permits may be issued by the division or its authorized representatives.

(b) Relocation permits allow use of the waterways for a time period not to exceed 96 hours.

(c) The division or its authorized representative may issue relocation permits without requiring a property tax clearance for the vessel on which the permit is to be used.

(d) Relocation permits allow for the purpose of testing for mechanical or seaworthiness of vessels.

(e) If a vessel is operated on a relocation permit under this section, that vessel is subject to all other statutes, rules, and regulations intended to control the use and operation of vessels on the waterways.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [1987]July 8, 2013

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-7(18)(d)