Current through Bulletin 2024-18, September 15, 2024
(1) Unless exempted
in Section R650-206-9, a person may not
operate a vessel engaged in carrying passengers for hire solely on the waters
of this state unless that person is a trip leader, guide, or U.S. Coast Guard
Master's License holder authorized by an outfitting company licensed by the
division.
(2) When carrying
passengers for hire on a motorized trip on the waters of Bear Lake, Flaming
Gorge, or Lake Powell, a trip leader shall have a valid and appropriately
endorsed U.S. Coast Guard Master's License.
(3) Every trip leader and guide engaged in
carrying passengers for hire shall have in their possession a trip manifest
issued by the outfitting company and containing the information set out in
Subsection R650-206-2(8).
(4) A person qualified as a trip leader for
trips on lakes and reservoirs shall:
(a) for
motorized trips, have a valid and appropriately endorsed U.S. Coast Guard
Master's License;
(b) be at least
18 years of age;
(c) complete a
minimum of 80 hours of vessel operation experience, including 40 hours
operating the same or similar vessel the trip leader will use in carrying
passengers for hire on the same lake or reservoir upon which the trip leader
will carry passengers for hire;
(d)
have a current advanced first aid certification; and
(e) have a current CPR
certification.
(5) A
person qualified to lead as a trip leader shall:
(a) for motorized trips, complete a National
Association of State Boating Law Administrators (NASBLA) approved boating
safety course; and
(b) for
non-motorized trips, complete a skills course from the American Canoe
Association (ACA) or from the World Paddling Association
(WPA).
(6) A person
qualified as a trip leader operating on whitewater rivers shall:
(a) be at least 18 years of age;
(b) complete a minimum of nine river trips on
whitewater river sections, including at least one trip during which the trip
leader operates the same or similar vessel the trip leader will use in carrying
passengers for hire on the same river section on which the trip leader will be
carrying passengers for hire;
(c)
have a current advanced first aid certification; and
(d) have a current CPR
certification.
(7) A
person qualified as a trip leader operating on flat water river areas shall:
(a) be at least 18 years of age;
(b) complete a minimum of six river trips on
any river section, including at least one trip during which the trip leader
operates the same or similar vessel the trip leader will use in carrying
passengers for hire on the same river section on which the trip leader will be
carrying passengers for hire;
(c)
have a current advanced first aid certification; and
(d) have a current CPR
certification.
(8) A
person qualified as a guide shall:
(a) for
motorized trips, complete a National Association of Boating Law Administrators
(NASBLA) approved boating safety course; and
(b) for non-motorized trips, complete a
skills course from the American Canoe Association (ACA) or from the World
Paddling Association (WPA).
(9)
(a) A
person qualified as a guide operating on lakes and reservoirs shall:
(b) have a valid and appropriately endorsed
U.S. Coast Guard Master's License for motorized trips; or
(i) be at least 18 years of age;
(ii) complete a minimum of at least 20 hours
of vessel operation experience, including 10 hours operating the same or
similar vessel the guide will use in carrying passengers for hire on the same
lake or reservoir upon which the guide will be carrying passengers for
hire;
(iii) have a current basic
first aid certification; and
(iv)
have a current CPR certification.
(10) A person qualified as a guide operating
on whitewater rivers shall:
(a) be at least 18
years of age;
(b) complete a
minimum of three river trips on whitewater rivers or whitewater river sections,
including at least one trip during which the guide operates the same or similar
vessel the guide will use in carrying passengers for hire on the same river
section which the guide will be carrying passengers for hire;
(c) have a current basic first aid
certification; and
(d) have a
current CPR certification.
(11) A person qualified as a guide operating
on flatwater rivers shall:
(a) be at least 18
years of age;
(b) complete a
minimum of three river trips on flatwater or whitewater river sections,
including at least one trip during which the guide operates the same or similar
vessel the guide will use in carrying passengers for hire on the same river
section on which the guide will be carrying passengers for hire;
(c) have a current basic first aid
certification; and
(d) have a
current CPR certification.
(12) An outfitting company shall, for each
person certified by the company as a trip leader or guide, maintain a trip log
that contains:
(a) the person's full legal
name and date of birth;
(b) proof
that person possesses a current certification in first aid and CPR;
and
(c) a record of the person's
on-water or certifying experience.
(13) An outfitting company shall maintain all
trip leader and guide trip logs while the trip leader or guide is employed by
the outfitting company and for a period of at least six years after the trip
leader's or guide's termination from the company.
(a) An outfitting company shall maintain all
trip logs at the company's designated place of business.
(b) The outfitting company, or any employee
having access to trips logs maintained by an outfitting company shall produce
the trip logs at the request of any peace officer engaged in the enforcement of
Rule R650-602.
(14)
Subject to the exceptions set out in Subsections (15) and (16) of this rule, a
trip leader or guide may not carry passengers for hire when the trip leader or
guide is unfamiliar with:
(a) the vessel used
in carrying passengers for hire; or
(b) the waterway on which the trip leader or
guide is carrying passengers for hire.
(15) A trip leader or guide may carry
passengers for hire if the trip leader or guide is unfamiliar with the vessel
used in carrying passengers for hire, or the trip leader or guide is unfamiliar
with the waterway on which the trip leader or guide is carrying passengers for
hire, if there is another trip leader or guide on board who is familiar with
the vessel and waterway.
(16) When
a trip leader or guide is unfamiliar with the vessel used in carrying
passengers for hire, or is carrying passengers for hire on an unfamiliar lake,
reservoir, or a flatwater river area, the trip leader or guide may carry
passengers for hire if:
(a) there is a trip
leader or guide who is familiar with the vessel and the lake, reservoir, or
flatwater river area; and
(b) that
trip leader or guide is on another vessel that remains within sight of the
guide that is unfamiliar with the vessel or lake, reservoir, or flatwater river
area.
(17) An outfitting
company shall ensure there is at least one trip leader and one guide:
(a) on a vessel carrying more than 49
passengers for hire;
(b) on a
vessel carrying more than 24 passengers for hire when the vessel is operating
more than one mile from shore; and
(c) for each passenger deck on a
vessel.
(18) When a trip
leader or guide is leading a low-capacity vessel as part of a group of vessels,
an outfitting company shall ensure:
(a) there
is at least one trip leader or guide for every group of eight low-capacity
vessels when those vessels are operated on lakes or reservoirs;
(b) there is at least one trip leader or
guide for every four low-capacity vessels when those vessels are operated on
whitewater river sections; and
(c)
there is at least one trip leader or guide for every six low-capacity vessels
or racing shells when those vessels or racing shells are operated on flatwater
river areas.
(19) A trip
leader or guide may not operate a vessel for more than 12 hours in a 24-hour
period.
