Utah Admin. Code R650-206-1 - Definitions

As used in this rule:

(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 an outfitting company has designated to act on its behalf.

(3) "Basic first aid training" means a course in first aid that includes hands-on training and skills evaluation, including courses offered by the American Red Cross, the American Heart Association, the National Safety Council, or local hospitals.

(4) "Boating Advisory Council" means the council created pursuant to Section R650-202-1.

(5) "Boating Program Coordinator" means the division employee who oversees the state's boating program, and who administers the United States Coast Guard's Recreational Boating Safety Grant and Carrying Passengers for Hire Program.

(6) "Cardiopulmonary resuscitation" or "CPR" means a hands-on course that includes training and evaluation that meets the standards of the American Heart Association Emergency Cardiovascular Care (ECC) course.

(7) "Certificate of compliance" means a document created by the division, and signed by a compliance inspector, and an agent of an outfitting company, which certifies the outfitting 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:

(a) that a trip leader or guide obtained within ten years of the trip leader's or guide's date of authorization by an outfitting company; and

(b) that an outfitting company has verified and documented.

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

(10) "Consideration" means something of value given or done in exchange for something given or done by another.

(11) "Dockside inspection" means an annual examination of a vessel when the vessel is afloat in the water, such that the exterior of the vessel above the waterline and the interior of the vessel may be examined.

(12) "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.

(13) "Flatwater river area" means all river sections defined in Section R650-215-10.

(14) "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.

(15) "Guide" means an individual an outfitting company authorizes to carry passengers for hire.

(16) "License" means an annual certificate the division issues to an outfitting company that authorizes the company to carry passengers for hire.

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

(18) "Outfitting company" 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.

(c) "Outfitting company" does not mean owners and employees of a migratory bird production area, created under Title 23A, Chapter 13, Migratory Bird Production Area, who are operating solely within that production area.

(19) "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; or

(k) any other organization or entity.

(20) "Program safety committee" means the committee formed pursuant to Subsection R650-206-8(2).

(21)

(a) "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.

(b) A river trip vessel may be a raft with inflatable chambers, or a configuration of metal and wood frames, straps, or chains, and inflatable pontoon tubes that are integral in maintaining the flotation, structural integrity, and general seaworthiness of the vessel.

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

(23) "Site visit" means a meeting with an outfitting company to inspect vessels, vessel components, and trip leader and guide certifying experience documents.

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

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

(26) "Trip leader" is a guide an outfitting company assigns to oversee carrying passengers for hire trip.

(27)

(a) "Trip Log" means a document maintained by an outfitting company that lists a passenger for hire trip's leaders and guides on-the-water experiences.

(b) An outfitting company may use a trip manifest as a trip log.

(28)

(a) "Trip manifest" means a document maintained by an outfitting company that:

(i) authorizes a carrying passenger for hire trip;

(ii) specifies the trip leader and guide;

(iii) specifies the passengers on the trip; and

(iv) specifies the dates of the trip.

(b) A trip manifest satisfies the documentation requirement set out in Subsection (8)(b) of this rule.

(29) "Whitewater river" means all rivers the division recognizes as whitewater rivers and all rivers not designated as a flatwater river area.

Notes

Utah Admin. Code R650-206-1

Adopted by Utah State Bulletin Number 2024-02, effective 1/9/2024