040-22 Wyo. Code R. §§ 22-3 - Definitions

For the purpose of this regulation, definitions shall be as set forth in W.S. § 41-13-101 and the Commission also adopts the following definitions:

(a) "Accompanied by an adult" means no person under the age of sixteen (16) years shall operate or be in physical control of a motorized watercraft on the waters of the State unless an adult is also physically aboard the motorized watercraft and is responsible for the operation of the watercraft.

(b) "Adult" means a person eighteen (18) years of age or older.

(c) "Aft" means a direction toward the back of a watercraft.

(d) "Beam" means the width of a watercraft at its widest part.

(e) "Bow" means the front of a watercraft.

(f) "Certificate of number" means watercraft registration.

(g) "Degrees of a compass" means the gradations in a compass; there are three hundred sixty degrees (360°) within a compass.

(h) "Diver down flag" is a rectangular shaped flag either blue and white in color (alpha flag) or red in color with a white diagonal stripe (diving flag), not less than twelve (12) inches by twelve (12) inches and displayed no less than three (3) feet above the surface of the water.

(i) "Duplicate number or duplicate certificate" means a certificate of number issued by the Department to replace an original certificate of number.

(j) "Enclosed cabin" means a permanent structure with hardened sides, which is intended for human occupation.

(k) "Engine cut-off switch" means a device for shutting off the engine of a watercraft in the event the operator falls off the watercraft while it is underway.

(l) "Gunwale" means the upper edge of the side of a watercraft.

(m) "HIN" means a Hull Identification Number that meets the specifications listed in Title 33 of the Code of Federal Regulations.

(n) "Length of a watercraft" means the length of the hull of a watercraft measured in a straight line from the stem to the stern excluding the deck, bowsprits, bumpkins, rudders, outboard motor brackets and similar fittings or attachments.

(o) "Motorized watercraft" means any watercraft powered by an internal combustion or electric engine.

(p) "Motorized watercraft dealer " means a person who is engaged in the business of manufacture or sale of motorboats in Wyoming and who is required to be licensed with the Wyoming Department of Revenue to collect and remit sales tax or a person whose motorboat sales business is outside Wyoming, but who demonstrates motorboats in Wyoming.

(q) "No wake" means the speed of a watercraft when underway does not cause water action that disturbs another watercraft at rest, a dock, or swimmers, and does not exceed a speed of five (5) miles per hour.

(r) "Operator" means the person in physical control of or directing the movement of a watercraft while it is in use. When the person in physical control of a watercraft is under the age of sixteen (16) years, the accompanying adult may be considered the operator.

(s) "Personal watercraft" means any watercraft propelled by a water-jet pump or other machinery as its primary source of motor power and that is designed to be operated by a person sitting, standing or kneeling on the watercraft, rather than the conventional manner of sitting or standing inside the watercraft.

(t) "Port" means the left side of a watercraft as one faces forward while aboard the watercraft and is denoted by a red light.

(u) "Proof of ownership for temporary operation" means a notarized bill of sale stating the name of the previous owner of the motorized watercraft, the name of the purchaser of the watercraft, description of the watercraft with correct HIN or a copy of a properly transferred title, a bill of sale with correct HIN from a motorized watercraft dealer, or a copy of a notarized affidavit by the builder of a homemade watercraft that indicates a description of the watercraft and the date construction was completed.

(v) "Rental boat owner" means a person who rents watercraft to the public for a fee.

(w) "Safe carrying capacity" means the capacity shall not exceed the number of persons or the weight limit, whichever is reached first, as stated on the capacity plate affixed to the watercraft.

(x) "Starboard" means the right side of a watercraft as one faces forward while aboard the watercraft and is denoted by a green light.

(y) "Stem" means the line where the port and starboard hulls join together at the bow.

(z) "Stern" means the transom or rear end of a watercraft.

(aa) "Temporary operation" means the operation of a motorized watercraft without a certificate of number during the thirty (30) consecutive days immediately following the date of purchase.

(bb) "Throwable device" means a U.S. Coast Guard approved ring buoy or buoyant cushion.

(cc) "Underway" means the watercraft is being propelled by mechanized power, wind, or human effort.

(dd) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

(ee) "Wake" means the water action caused by a watercraft that is underway that disturbs another watercraft at rest, a dock, or swimmers, and, the speed of the watercraft exceeds five (5) miles per hour.

(ff) "Water sport toy" means a sailboard, float tube, kite board or any aid to swimming or fishing that is not defined as a watercraft.

(gg) "Watercraft" means any contrivance used or designed primarily for navigation on the water or is designed to be propelled by paddles, oars, sails or motors, except devices defined as water sport toys. Amphibious vehicles designed for travel over land and water with mechanical propulsion systems shall be considered watercraft for the purpose of this regulation.

(hh) "Watercraft of closed construction" describes watercraft that have one or more of the following conditions:

(i) Inboard engines;

(ii) Closed compartments under seats wherein portable fuel tanks may be stored;

(iii) Double bottoms not sealed to the hull or which are not completely filled with floatation materials;

(iv) Closed living spaces;

(v) Closed stowage compartments in which combustible material are stored; or,

(vi) Permanently installed fuel tanks.

(ii) "Wearable personal flotation device" means a U.S. Coast Guard approved personal flotation device that is intended to be worn by an individual.

Notes

040-22 Wyo. Code R. §§ 22-3

Amended, Eff. 9/6/2016. Amended, Eff. 8/15/2018. Amended, Eff. 9/3/2021. Amended, Eff. 9/8/2023.