No. 30030 (Amendment): R651-221-1. Boat Livery Agreements

DAR File No.: 30030
Filed: 06/04/2007, 07:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the name "Livery Agreement" to make it "Liveries - Boat Rental Companies", and re-define what boat livery responsibilities are, for a clear understanding.

Summary of the rule or change:

This amendment reorganizes and clarifies the text of the current rule; adds requirement for boat livery with the Division annually and payment of a fee; establishes an implementation date for annual boat livery registration to begin 01/01/2008; requires that the name of the boat livery be displayed on the vessels in its fleet; and includes an "equipment timeshare" in the definition of a "boat livery".

State statutory or constitutional authorization for this rule:

Title 73, Chapter 18

Anticipated cost or savings to:

the state budget:

A database for boat livery registration will need to be developed. Other costs will be incurred with processing the registration fees. However, the registration fee is anticipated to cover the administrative and educational costs, so there will be no anticipated cost of savings to the state budget that can be measured at this time.

local governments:

This program is administered through the State Boating Program and there will be no aggregate anticipated cost or savings to local government.

other persons:

This program will be under the State Boating Program and all boat liveries and rental companies will need to register and pay a fee ranging from $50 to $100 per year depending on number of vessels for rent. There would be some cost incurred for each rental company to display the company name on each rental vessel. This will also several universities and military installations that have equipment rentals that include boats.

Compliance costs for affected persons:

All boat liveries and rental companies will need to register and pay a fee ranging from $50 to $100 per year depending on number of vessels for rent. There would be some cost incurred for each rental company to display the company name on each rental vessel.

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

There should be no fiscal impact on businesses. 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:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, 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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Mary Tullius, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-221. Boat [Livery Agreements]Liveries - Boat Rental Companies.

[R651-221-1. Boat Livery Agreements.

The owner of a boat livery or his representative shall provide a copy of the lease or rental agreement, to an authorized agent of the Division, signed by the owner or his representative and by the person leasing or renting the vessel. The lease or rental agreement shall contain the following information and be carried on board the vessel: the vessel's assigned number; the period of time for which the vessel is leased or rented; and a check-off list of the required safety equipment. The registration card may be retained on shore by the boat livery.

 

]R651-221-1. Boat Livery Responsibilities.

(1) Each boat livery shall register with the Division annually and pay the appropriate fee, prior to the commencement of the operation.

(a) The annual boat livery registration requires the following:

(i) The completion of the prescribed application form;

(ii) Evidence of a valid business license; and

(iii) Payment of the prescribed fee.

(b) The annual boat livery registration fee shall be:

(i) $50 for boat liveries with up to 25 vessels in its fleet;

(ii) $75 for boat liveries with up to 50 vessels in its fleet;

(iii) $100 for boat liveries with more than 50 vessels in its fleet.

(c) A boat livery that is registered with the Division as an outfitting company shall not pay the boat livery registration fee.

(d) The annual boat livery registration will be required beginning January 1, 2008.

(2) The name of the boat livery shall be displayed on the outward superstructure of each vessel in the boat livery's fleet. If another governmental agency prohibits the display of a livery's name on the exterior of a vessel, the name shall be displayed in a visible manner that does not violate the agency's requirements.

(3) A boat livery shall produce a lease or rental agreement for each vessel leased or rented from its fleet.

(a) The lease or rental agreement shall be signed by the owner of the livery or his representative and by the person leasing or renting the vessel.

(b) A copy of the lease or rental agreement shall be carried on board the vessel and shall contain the following information:

(i) The name of the person leasing or renting the vessel;

(ii) The vessel's assigned bow number, hull identification number, or other number if the vessel is not powered by a motor or sail;

(iii) A description of the vessel's make, model, color and length;

(iv) The period of time for which the vessel is leased or rented; and

(v) A check-off list of the required safety equipment provided on the vessel.

(c) For non-motorized vessels rented or leased in a group, one rental agreement is required and shall be carried on board one of the vessels by the person who rented or leased the vessels or the designated group leader.

(4) Upon request of an agent of the Division, the owner of a boat livery or his representative shall provide the Division with a copy of a lease or rental agreement.

(5) The certificate of registration for a leased or rented vessel may be retained on shore by the boat livery.

(6) A recreational "equipment timeshare" business which leases or rents vessels for consideration is a boat livery.

(7) A boat livery shall have each vessel in its fleet that is equipped with a 50 hp or greater motor covered with liability insurance as required in UCA 73-18c-101 through 308, and UCA 31A-22-1501 through 1504.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [August 15, 2002]August 7, 2007

Notice of Continuation: April 18, 2006

Authorizing, and Implemented or Interpreted Law: 73-18-10(2)