No. 30027 (Amendment): R651-215. Personal Flotation Devices

DAR File No.: 30027
Filed: 06/04/2007, 07:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment moves information to Rule R651-206 where it more aptly belongs; makes changes to personal flotation devices (PFD) requirements; and deletes river guide's responsibility for passengers to wear PFDs and moves it to Rule R651-206 where it should be listed. (DAR NOTE: The proposed amendment to Rule R651-206 is under DAR No. 30026 in this issue, July 1, 2007, of the Bulletin.)

Summary of the rule or change:

The boating rules will be changed a great deal and with this amendment many of the items that were listed on PFD requirements actually belong in Rule R651-206. This amendment carries out that purpose.

State statutory or constitutional authorization for this rule:

Title 73, Chapter 18

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget, as these are just language changes being moved to other sections or rules.

local governments:

Certain language is being deleted and moved to another rule, thereby clarifying that language in the area where it better belongs. There is no anticipated cost or savings to the local government.

other persons:

This amendment is language changes only. There is no anticipated cost or savings to other persons since this is not a monetary issue.

Compliance costs for affected persons:

None anticipated as this moves language from this rule to Rule R651-206.

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

Insignificant impact. 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.

R651-215. Personal Flotation Devices.

[R651-215-8. Carrying Passengers for Hire PFD Requirements on Rivers.

(1) On rivers, if carrying passengers for hire, Type I PFDs are required. Type I PFDs or Type V PFDs used in lieu of the Type I PFD must be listed for commercial use on the label.

(2) The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length.

(3) Hard hulled kayak or white water canoe operators or a working river guide may wear a Type III PFD in lieu of the Type I PFD.

 

]R651-215-[9]8. River Throw Bag in Lieu of Type IV PFD.

On [rivers,]a river section where PFDs are required to be worn, or on any river section where all vessel occupants are wearing PFDs, in lieu of the Type IV PFD requirement, a throw bag with a minimum of 40 feet of line may be carried.

 

[R651-215-10. Carrying Passengers for Hire PFD Requirements on Lakes and Reservoirs.

(1) When carrying passengers for hire, Type I PFDs are required. Type I PFDs, or Type V PFDs used in lieu of the Type I PFD, must be listed for commercial use on the label.

(2) The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length.

(3) For all hard-hulled kayak or sea-kayak operators, a Type III PFD may be carried or worn in lieu of the required Type I PFD.

 

]R651-215-[11]9. Required Wearing of PFDs.

(1) An inflatable PFD may not be used to meet the requirements of this Section.

(2) All persons on board a personal watercraft or a sailboard shall wear a PFD.

(3) The operator of a vessel under 19 feet in length shall require each passenger 12 years of age or younger to wear a PFD. This rule is also applicable to vessels 19 feet or more in length, except when the child is inside the cabin area.

(4) On rivers, every person on board a vessel shall wear a PFD, except PFDs may be loosened or removed by persons 13 years of age or older on designated flat water areas as listed in Section R651-215-12.[ When carrying passengers for hire, the river guide is responsible for the passengers on his vessel to be in compliance with this Subsection.]

 

R651-215-[12]10. River Flat Water Areas.

(1) On the Green River:

(a) from Red Creek Camp below Red Creek Rapids to the Indian Crossing Boat Ramp;

(b) from 100 yards below Taylor Flats Bridge to the Utah/Colorado state line in Browns Park;

(c) within Dinosaur National Monument, from the mouth of Whirlpool Canyon to the head of Split Mountain Gorge;

(d) from the mouth of Split Mountain to Jack Creek in Desolation Canyon; and

(e) from the Green River Diversion Dam below Gray Canyon to the confluence with the Colorado River.

(2) On the Colorado River:

(a) from the Colorado/Utah state line to the Westwater Ranger Station;

(b) from Big Hole Canyon in Westwater Canyon to Onion Creek;

(c) from Drinks Canyon, mile 70, to the confluence with the Green River; and

(d) after the last active rapid in Cataract Canyon.

(3) On the San Juan River, after the last active rapid prior to Lake Powell.

 

R651-215-[13]11. PFDs.

All Personal Flotation Devices (PFDs) must be used according to the conditions or restrictions listed on the U.S. Coast Guard Approval Label.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [January 15, 2005]August 7, 2007

Notice of Continuation: February 13, 2006

Authorizing, and Implemented or Interpreted Law: 73-18