DAR File No. 38970

This rule was published in the December 15, 2014, issue (Vol. 2014, No. 24) of the Utah State Bulletin.


Natural Resources, Parks and Recreation

Rule R651-214

Temporary Registration

Notice of Proposed Rule

(Amendment)

DAR File No.: 38970
Filed: 11/21/2014 11:54:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This is a rule cleanup to correct a reference in Rule R651-213 titled Dealer Registration and Numbering which was previously modified. The current rule misdirects dealers to the Division of Parks and Recreation rather than the Division of Motor Vehicles.

Summary of the rule or change:

This rule makes a reference to Rule R651-213 and clarifies where dealers should obtain applications for temporary registrations. The current rule misdirects dealers to the Division of Parks and Recreation rather than the Division of Motor Vehicles.

State statutory or constitutional authorization for this rule:

  • Subsection 73-18-7(18)(d)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because this is a rule cleanup only and will direct dealers to the appropriate division to obtain applications for temporary registrations.

local governments:

There is no anticipated cost or savings to the local government as it is a rule cleanup only.

small businesses:

There is no anticipated cost or savings to small businesses as it is a rule cleanup only.

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

This does not affect other persons as it is a rule cleanup only.

Compliance costs for affected persons:

There are no compliance costs for affected persons. It is a rule cleanup only and no costs are associated with the change.

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

This rule should clarify a convenient method for businesses to get temporary registrations.

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 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 [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:

01/14/2015

This rule may become effective on:

01/21/2015

Authorized by:

Fred Hayes, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-214. Temporary Registration.

R651-214-1. Temporary Registration.

(1) A vessel dealer may apply to the Division of Motor Vehicles 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: [July 8, 2013]January 21, 2015

Notice of Continuation: February 10, 2011

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

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20141215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact 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].  For questions about the rulemaking process, please contact the Division of Administrative Rules.