Current through Bulletin 2024-18, September 15, 2024
(1)
(a)
Except where exempted by Section
R650-206-9, each outfitting
company carrying passengers for hire on the waters of this state shall, before
commencing operations, make an annual application for a license with the
division.
(b) An outfitting company
shall include in its license application:
(i)
a completed application on a form provided by the division;
(ii) evidence of a current and valid business
license;
(iii) a list of the
outfitting company agents;
(iv)
evidence of general liability insurance coverage; and
(v) payment of the license application
fee.
(c) An outfitting
company's license shall expire annually on December 31.
(2)
(a) The
division shall issue a license in the outfitting company's name if the division
determines an outfitting company's application meets the requirement of
Subsection (1).
(b) An outfitting
company shall display its license in a prominent location at its place of
business such that the license is clearly visible to persons and passengers who
enter the place of business.
(c) An
outfitting company using a Doing Business As (DBA) shall list the DBA on the
outfitting company's license application.
(d) An outfitting company that forms a new
DBA after the division issues a license shall notify the division, in writing,
of the new DBA within ten days of the formation of the new DBA.
(e) An outfitting company license is not
transferable.
(f) The division
shall issue an outfitting company license electronically within a reasonable
time not to exceed 10 days after the division receives an application that
meets the requirements of Subsection (1).
(g) The division shall send a license to the
email address provided by the outfitting company in its application.
(3) An outfitting company's agent
shall certify that the elements of a certificate of compliance have been
fulfilled.
(4) An outfitting
company's agent shall certify each trip leader or guide authorized by the
outfitting company has:
(a) obtained the
minimum level of required vessel operation experience; and
(b) obtained the appropriate first aid and
CPR certificates. (5)(a) An outfitting company's agent shall certify that a
trip manifest is created for each trip and that the trip leader retains a copy
of the manifest such that it is available during the trip.
(b) The outfitting company shall keep a copy
of the trip manifest on file for six years after the conclusion of the trip for
which it was generated.
(6) An outfitting company shall have a
written policy describing a program for a drug free workplace.
(7) An outfitting company shall maintain a
trip log for each of its trip leaders and guides.
(8) For each trip conducted by the company,
an outfitting company shall maintain a trip manifest that contains:
(a) the name, address, and phone number of
the outfitting company;
(b) the
name and date of birth of each trip leader and guide assigned to the
trip;
(c) the trip departure and
arrival locations with departure and arrival dates and times; and
(d) a list of all trip passengers.
(9) An outfitting company shall
maintain a daily log or a trip operation log for each of its vessels.
(10) A trip leader assigned by the outfitting
company shall accompany every commercial trip.
(11)
(a) An
outfitting company shall ensure that a trip leader or guide conducts a vessel
safety check and a passenger orientation before embarking on a trip.
(b) The vessel safety check under Subsection
(a) shall include an inspection of:
(i) a
vessel's required carriage of safety equipment;
(ii) a vessel's communication
systems;
(iii) the operation and
control of the vessel's steering controls and propulsion system; and
(iv) the vessel's navigation lights if the
vessel will operate between sunset and sunrise.
(c) The passenger orientation under
Subsection (a) shall include:
(i) a passenger
count;
(ii) a discussion of safety
protocols and emergency operations;
(iii) a discussion of the conditions of
weather, river, terrain, equipment, travel, housing, and vessels that
passengers may expect to encounter during the trip;
(iv) a discussion of the personal equipment,
clothing, and gear that passengers should have for the trip;
(v) an explanation of the proper fit,
wearing, and use of personal flotation devices;
(vi) an explanation of passenger riding and
positioning in the vessel;
(vii) a
discussion of safety procedures for swimming through river rapids and getting
back in the vessel;
(viii)
instructions on what to do in the event of a vessel accident; and
(ix) a discussion of sanitation, litter
prevention, and human refuse disposal.
(12) An outfitting company shall ensure that
each vessel in its fleet is equipped with any safety equipment required safety
equipment.
(13) An outfitting
company shall maintain each vessel in its fleet according to good marine
practices and standards.
(14) An
outfitting company shall ensure that each vessel used in the service of
carrying passengers for hire meets any required maintenance and inspection
requirements.
(15) An outfitting
company shall maintain a file of its maintenance and inspections of each vessel
in its fleet, or for the components and equipment that configure a river trip
vessel in its fleet that are required to be inspected.
(16) An outfitting company shall retain
maintenance and inspection files so long as the vessel is in the service of
carrying passengers for hire and for six years thereafter.
(17) The owner of a vessel that carries
passengers for hire shall maintain general liability insurance with policy
terms and limits acceptable to the division.
(18) Upon request of an agent of the
division, an outfitting company shall provide the division with a copy of the
company's:
(a) liability insurance
policy;
(b) drug free workplace
policy;
(c) trip
manifests;
(d) trip authorization
permits;
(e) vessel maintenance and
inspection files; and
(f) trip
leader and guide trip logs.
(19) Any outfitting company vessel that
operates on Bear Lake, Flaming Gorge, or Lake Powell, or a river flowing into
Utah, is not required to obtain, and display the Utah license required by this
section if:
(a) the outfitting company
possesses a certificate of outfitting company registration, or similar license,
or permit, issued by another state with registration or licensing requirements
like Utah's;
(b) the outfitting
company registration, or similar license or permit described in Subsection (a)
is acceptable to the division; and
(c)
(i) the
outfitting company's trip embarks and disembarks from the out-of-state portion
of the lakes, and when less than 25% of each trip is conducted on the Utah
portion of the lake; or
(ii) the
outfitting company's river trips originates on an out-of-state portion of a
river flowing into Utah and terminates at the first available launch ramp or
take-out in Utah.
(20)
(a)
For vessels operating on the Colorado River where a river trip originates in
Colorado, the first available Utah take-out is the Westwater Ranger Station
launch ramp or take-out.
(b) For
vessels operating on the Dolores River where a river trip originates in
Colorado, the first available Utah take-out is the Dewey Bridge launch
ramp/take-out on the Colorado River.
(c) For vessels operating on the Green River
where a river trip originates in Wyoming, the first available Utah take-out is
the Split Mountain launch ramp or take-out.
(d) For vessels operating on the San Juan
River where a trip originates in Colorado or New Mexico, the first available
Utah take-out is the Montezuma Creek launch ramp or take-out.
(21) An inspector may perform the
annual dockside inspection for river trip vessels at the outfitting company's
place of business.
(22) An
inspector may perform the five-year dry dock inspection for float trip vessels
at the outfitting company's place of business.
