R651-206-1. Definitions

  (1) "Advanced first aid training" means a course that meets the current National Registry of Emergency Medical Technicians, Emergency Medical Responder Education Standards.

  (2) "Agent" means a person(s) designated by an outfitting company to act in behalf of that company.

  (3) "Basic First Aid training" means a course which shall include hands-on training and skills evaluation. Course examples include but are not limited to: the American Red Cross, the American Heart Association, the National Safety Council, or local hospitals.

  (4) "Boating Advisory Council" As defined in R651-202-1.

  (5) "Boating Program Coordinator" means a Division employee overseeing Utah's boating program that administers the United States Coast Guard's Recreational Boating Safety grant and Carrying Passengers for Hire program.

  (6) "Cardiopulmonary Resuscitation (CPR)" means a hands on course that shall include training and evaluation that meets the standards of the American Heart Association Emergency Cardiovascular Care (ECC) course.

  (7) "Certificate of Compliance" means a document produced by the Division and signed by a compliance inspector and an agent of the outfitting company certifying that the company has met all the requirements of a site inspection and the Maintenance and Inspection Program for Carrying Passengers for Hire.

  (8) "Certifying experience" means vessel operation or river running experience obtained within ten years of the trip leader's or guide's date of authorization by an outfitting company.

  (9) "CFR" means U.S. Code of Federal Regulations.

  (10) "Compliance inspector" means a person who has been trained and authorized by the Division to perform dock side, dry dock and site visits for outfitting companies.

  (11) "Consideration" as defined in Utah Code 73-18-2(6), means something of value given or done in exchange for something given or done by another. Consideration also includes, but is not limited to "commercial gain and commercial activity, as defined in Utah Admin. Code R651-601-12 and -13.

  (12) "Deck rail" means a guard structure at the outer edge of a vessel deck consisting of vertical solid or tubular posts and horizontal courses made of metal tubing, wood, cable, rope or suitable material.

  (13) "Division" means the Utah Division of Parks and Recreation.

  (14) "Dockside inspection" means an annual examination of a vessel when the vessel is afloat in the water so that all of the exterior of the vessel above the waterline and the interior of the vessel may be examined. For river trip vessels, the annual dockside inspection may be performed at the company's place of business.

  (15) "Dry dock inspection" means an examination of a vessel, conducted once every five years, when the vessel is out of the water and supported so all the exterior and interior of the vessel may be examined. For float trip vessels, the five-year dry dock inspection may be performed at the company's place of business.

  (16) "Flatwater River Area" means all river sections defined in Utah Administrative Code R651-215-10.

  (17) "Good marine practices and standards" means those methods and ways of maintaining, operating, equipping, repairing and restructuring a vessel according to commonly accepted standards, including 46 CFR, the American Boat and Yacht Council, the American Bureau of Shipping, the National Marine Manufacturers Association, and other appropriate generally accepted standards as sources of reference.

  (18) "Guide" means an individual authorized by an outfitting company to carry passengers for hire.

  (19) "License" means an annual certificate issued by the Division to an outfitting company that authorizes the company to Carry Passengers for Hire.

  (20) "Low capacity vessel" means a manually propelled vessel designed or intended to carry no more than two occupants.

  (21) "Outfitting Company" as defined in Utah Code 73-18-2(14), means any person who, for consideration:

  (a) Provides equipment to transport persons on all waters of this state; and

  (b) Supervises a person who:

  (i) Operates a vessel to transport passengers; or

  (ii) Leads a person on a vessel.

  (22) "Person" means:

  (a) An individual;

  (b) An association;

  (c) An institution;

  (d) A corporation;

  (e) A company;

  (f) A trust;

  (g) A limited liability company;

  (h) A partnership;

  (i) A political subdivision;

  (j) A government office, department, division, bureau, or other body of government and;

  (k) Any other organization or entity

  (23) "Program Safety Committee" means 5 members representing their commercial boating industries to make substantive changes to the Maintenance and Inspection Program for vessels Carrying Passengers for Hire.

  (24) "River trip vessel" means a vessel, or the components and equipment used to configure such a vessel that is designed to be operated on a whitewater river or section of river. A river trip vessel may be a raft with inflatable chambers or a configuration of metal and/or wood frames, straps or chains, and inflatable pontoon tubes that are integral in maintaining the flotation, structural integrity and general seaworthiness of the vessel.

  (25) "Racing shell" means a long, narrow watercraft outfitted with long oars and sliding seats; and specifically designed for racing or exercise.

  (26) "Site Visit" means a meeting with an outfitting company for the purpose of inspecting vessels, vessel components and trip leader and guide authorization documents.

  (27) "Sole state waters," means all waters of this state, except for the waters of Bear Lake, Flaming Gorge and Lake Powell.

  (28) "Towing for hire" means the activity of towing vessels or providing on-the-water assistance to vessels for consideration.

  (29) "Trip Leader" is a guide assigned by the outfitting company to be in charge of a carrying passengers for hire trip.

  (30) "Trip Log" means a document managed by an outfitting company that lists trip leaders and guides on the water experience.

  (31) "Trip Manifest" means a document produced by the outfitting company authorizing a carrying passenger for hire trip

  (32) "Whitewater river" means all rivers not designated as a flatwater river area or other Division recognized whitewater rivers in other states.