No. 43464 (Amendment): Rule R651-214. Temporary Registration

(Amendment)

DAR File No.: 43464
Filed: 01/02/2019 08:13:08 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Senator Ipson contacted Utah Parks and Recreation Director, Jeff Rasmussen, about a discrepancy in the boating and motor vehicle temporary registration rule. Research was performed and the discrepancy was found for the registration time periods. It was found that there was no reason not to mirror the motor vehicle temporary registration time frame.

Summary of the rule or change:

The current rule reads that a temporary registration issued by a boat dealer cannot exceed 30 days from the date of issue and it is 45 days for the Division of Motor Vehicles. This creates some confusion regarding how long the temporary registration is valid for dealers that sell both motor vehicles and boats. This also causes a 15-day difference from the boat and its trailer, if the trailer is required to be registered. This amendment allows for the 45-day temporary registration and will mirror the requirements for the Division of Motor Vehicles.

Statutory or constitutional authorization for this rule:

• Subsection 73-18-7(3)

Anticipated cost or savings to:

the state budget:

This rule is updated to reflect changes made with motor vehicle temporary registrations. It changes the expiration date from 30 days to 45 days. There is no aggregate cost or savings to the Division of Parks and Recreation with this amendment, because this is a language standardization between statue and rule.

local governments:

No local governments costs are known for the amendment to this rule, because it changes the expiration date of a temporary registration from 30 days to 45 days, which will mirror the Division of Motor Vehicles law.

small businesses:

This rule is updated to reflect changes made with motor vehicle temporary registrations. There is no aggregate cost or savings to this amendment, because this is a language standardization between statue and rule. This amendment allows for the 45-day temporary registration rather than the 30 days shown in the current rule and will mirror the requirements for the Division of Motor Vehicles.

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

This rule is updated to reflect changes made with motor vehicle temporary registrations. It only changed the expiration date from 30 days to 45 days. There is no aggregate cost or savings to this amendment, because this is a language standardization between statue and rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons because the change is a language standardization only between statue and rule. The change affects the temporary registration and will now mirror the Division of Motor Vehicle law which is that a temporary registration is good for 45 days, rather than 30 days.

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

This rule change should have a positive benefit to businesses, as well as private boat owners.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 [e-mail]

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:

02/14/2019

This rule may become effective on:

02/21/2019

Authorized by:

Jeff Rasmussen, Acting Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed change to Rule R651-214 is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because there are no services required from them in order to implement the rule.

 

The Executive Director of the Department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

 

 

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.

(2) Each temporary registration will be valid for a period not to exceed [30]45 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: [January 22, 2015]2019

Notice of Continuation: January 7, 2016

Authorizing, and Implemented or Interpreted Law: 73-18-7 (3) [(18)(d)]

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