Utah Admin. Code 650-206-3

Current through Bulletin 2024-12, June 15, 2024
Section R650-206-3 - Utah Carrying Passengers for Hire Trip Leader and Guide Qualifications
(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.

Utah Admin. Code R650-206-3

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