No. 28826 (Amendment): R651-224. Towed Devices

DAR File No.: 28826
Filed: 06/20/2006, 12:25
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 73-18-15 lists navigation and steering rules for rules and included are towing restrictions. These two rule changes indicate the dangerous and unlawful methods of towing for the safety of the recreating public.

 

Summary of the rule or change:

There are a lot of accidents and near accidents to the recreating public who have been in dangerous situations or have been injured due to lack of instruction and knowledge about towing and where and why it is not allowed. By adding these two amendments to this rule, it will fully explain unlawful methods of towing and tell the public they may not tow in the marinas. State Parks management feel these two changes for the safety and education of the public are needed to help educate and save lives.

 

State statutory or constitutional authorization for this rule:

Section 73-18-15

 

Anticipated cost or savings to:

the state budget:

There could be possible cost savings associated with lives saved due to the increased knowledge and education of the recreating public (Search and Rescue, etc.). The savings cannot be estimated, as numbers vary.

 

local governments:

No cost to local government as no one has to purchase any equipment or supplies. No one has to pay any cost to comply with these rule changes. They are being submitted to help the public more fully understand restrictions and water safety.

 

other persons:

No additional equipment or supplies need be purchased, therefore, there is not a cost or savings to other persons.

 

Compliance costs for affected persons:

By amending this rule, it does not require anyone to buy any equipment or supplies, therefore, no cost or savings to them, with the exception that if they do not comply, they could be guilty of a Class B misdemeanor violation and associated fines.

 

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

The Department finds that this rule will have 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:

08/14/2006

 

This rule may become effective on:

08/22/2006

 

Authorized by:

Mary Tullius, Director

 

 

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-224. Towed Devices.

R651-224-1. Observer Required.

The operator of a vessel which is towing a person on water skis or other devices shall be responsible for maintaining a safe course with proper lookout. The progress of the person under tow shall be reported to the vessel operator by the observer.

 

R651-224-2. Unlawful Methods of Towing.

No person shall operate a motorboat or have the engine of a motorboat run idle while a person is occupying or holding onto the swim platform, swim deck, swim step or swim ladder of the motorboat or while a person is being towed in a non-standing position within 20 feet of the vessel. These restrictions do not apply when a person is occupying the swim platform, swim deck, swim step or swim ladder while assisting with the docking or departure of the motorboat, while exiting or entering the motorboat, or when a motorboat is engaged in law enforcement activity.

 

R651-224-3. Flag Required.

The operator of a vessel shall be responsible for a flag to be displayed by the observer in a visible manner to other boaters in the area while the 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.

 

R651-224-4. PFD to be Worn.

The operator of a vessel which is towing a person(s) on water skis or other devices shall require each person who is water skiing or using other devices to wear a United States Coast Guard approved personal flotation device (PFD), except an inflatable PFD may not be used.

 

R651-224-5. Capacity of Towing Vessel.

The operator of a vessel which is towing a person(s) on water skis or other devices shall use a vessel with sufficient carrying capacity, as defined by the manufacturer, for the occupant(s) onboard and the person(s) being towed.

 

R651-224-6. No Towing in Marinas.

The operator of a vessel shall not tow a person(s) in or on any towed device within a wakeless area surrounding a developed marina or launch ramp.

 

KEY: boating, water skiing

Date of Enactment or Last Substantive Amendment: [August 15, 2002]August 22, 2006

Notice of Continuation: February 13, 2006

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