No. 34866 (Amendment): Section R651-224-3. Flag Required

(Amendment)

DAR File No.: 34866
Filed: 05/23/2011 05:14:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The wording in the rule concerning display of the ski flag has caused some confusion among boaters and the Division has had several people challenge the rule because it did not say that the flag could only be used while the skier is down.

Summary of the rule or change:

The intent of the ski flag is to warn others in the area that someone is down in the water. If boaters keep the ski flag up the entire time, it makes the warning ineffective. This working will make it more clear that the flag is only to be used while the skier is down.

State statutory or constitutional authorization for this rule:

• Section 73-18-15

Anticipated cost or savings to:

the state budget:

This is a rule clarification, there will be no cost or savings to the state budget.

local governments:

This is a rule clarification, there will be no cost or savings to local governments.

small businesses:

This is a rule clarification, there will be no cost or savings to small businesses.

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

This is a rule clarification, there will be no cost or savings to persons or entities.

Compliance costs for affected persons:

This is a rule clarification, there will be no compliance costs.

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

Should be 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 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 [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:

07/15/2011

This rule may become effective on:

07/22/2011

Authorized by:

Fred Hayes, Acting Operations Deputy Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-224. Towed Devices.

R651-224-3. Flag Required.

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 [while the]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.

 

KEY: boating, water skiing

Date of Enactment or Last Substantive Amendment: [August 22, 2006]July 22, 2011

Notice of Continuation: January 11, 2011

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

 

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