Mich. Admin. Code R. 281.3101 - Definitions

Rule 101. As used in these rules:

(a) "Act" means 1994 PA 451, MCL 324.44501 to 324.44526.

(b) "Auxiliary engine" means any other engine or motor carried or used onboard a vessel, other than the main propulsion engines.

(c) "Class A vessel" means a vessel, except for a sailboat carrying 6 or fewer passengers for hire, on navigable waters.

(d) "Class B vessel" means a vessel, except for a sailboat carrying 6 or fewer passengers for hire, on inland waters.

(e) "Class C vessel" means a vessel, except for a sailboat carrying more than 6 passengers for hire, on inland waters.

(f) "Class D vessel" means a vessel which is propelled primarily by sails and which carries 6 or fewer passengers for hire on navigable waters or carries passengers for hire on inland waters.

(g) "Daytime" means 1 hour before sunrise to 1 hour after sunset, where the actual times of sunrise and sunset are determined by the United States weather bureau. Times shall be local prevailing time.

(h) "Deck rails" 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 other suitable material.

(i) "Department" means the department of natural resources.

(j) "Dockside inspection" means an examination of a vessel when the vessel is moored alongside a dock and afloat in the water so that all of the exterior above the waterline and the interior of the vessel may be examined.

(k) "Drydock inspection" means an examination of a vessel when the vessel is out of the water and supported so that all of the exterior and interior of the vessel may be examined.

(l) "Flexible vibration hose" means nonrigid tubing which is noncombustible or self-extinguishing and which is not affected by the motion of the vessel or the machinery to which it is connected or attached.

(m) "General maintenance" means drydocking or hauling out of a vessel for painting or cleaning the hull and rudder, or the changing of a propeller, propeller shaft, and associated bearings.

(n) "Good marine practice and standards" means those methods and ways of maintaining, operating, equipping, repairing, and restructuring vessels as determined by the marine inspector. The marine inspector shall use commonly accepted standards, including 46 C.F.R. SS1.01 to 552.5, the standards of the American boat and yacht council, and the standards of the boating industry association as sources of reference in making such determinations.

(o) "Inland waters" means all waters of the state, except navigable waters.

(p) "Marine inspector" means a department marine safety officer, conservation officer, or other person employed by the department and trained in vessel inspection and operator testing procedures.

(q) "Navigable waters" means those waters of the state over which the state of Michigan and the United States coast guard exercise joint jurisdiction, including the Great Lakes and waters connected thereto, to the upstream limit of navigation as determined by the United States department of the army, corps of engineers.

(r) "Nighttime" means 1 hour after sunset to 1 hour before sunrise where actual times of sunrise and sunset are determined by the United States weather bureau. Time shall be local prevailing time.

(s) "Open boat" means a vessel, either with or without engines or motors, which has its engine, fuel tank compartments, and other spaces, except weather enclosures, open to the atmosphere and arranged to prevent or preclude the entrapment of explosive or flammable gases and vapors within the vessel.

(t) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him or her to possession. "Owner" also means a person acting on the behalf of the owner in all matters concerning the vessel.

(u) "Personal flotation device" means a United States coast guard-approved lifesaving device.

(v) "Ring life buoy" means a United States coast guard-approved round or horse collar type IV throwable personal flotation device.

(w) "Suitable" means that the marine inspector has determined that an item is in keeping with good marine practice and standards.

(x) "Weather deck" means those portions of the foredeck and afterdeck which are open and exposed to the weather.

Notes

Mich. Admin. Code R. 281.3101

1982 AACS; 2014 AACS