Utah Admin. Code 650-206-7

Current through Bulletin 2024-12, June 15, 2024
Section R650-206-7 - Towing Vessels for Hire Requirements
(1) Any person or entity that provides the service of towing vessels for hire on waters of this state shall apply for an outfitting company license with the Division.
(2) A person or entity engaged in towing vessels for hire shall comply with the dockside and dry dock vessel maintenance and inspection requirements imposed on outfitting companies by this rule.
(3) Any conditions of a contract, special use permit, or other agreement imposed on a person or entity that is towing vessels for hire shall not supersede the boating safety and assistance activities of a state park ranger, other law enforcement officer, emergency and search and rescue personnel, member of the U.S. Coast Guard Auxiliary, or any other person providing "Good Samaritan" service to vessels needing or requesting assistance.
(4) Unless requested by the operator of the vessel receiving assistance, a state park ranger, other law enforcement officer, emergency and search and rescue personnel, member of the U.S. Coast Guard Auxiliary, or any person providing "Good Samaritan" service is not required to turn the service over to a person or entity authorized by the division to tow vessels for hire.
(5) A trip leader or guide towing vessels for hire shall, if they assist another vessel, immediately notify a law enforcement officer if the trip leader or guide reasonably believes:
(a) the vessel being assisted was involved in a reportable boating accident; or
(b) the operator or occupants of the vessel being assisted pose a threat to themselves or others.
(6) A trip leader or guide towing vessels for hire may not perform an emergency rescue unless the trip leader or guide reasonably believes:
(a) immediate emergency assistance is required to save the lives of persons, prevent additional injuries to persons on board a vessel, or reduce damage to a vessel; and
(b) a state park ranger, other law enforcement officer, emergency and search and rescue personnel, or a member of the U.S. Coast Guard Auxiliary is not immediately available, or a state park ranger, other law enforcement officer, or emergency and search and rescue personnel make such a request for emergency assistance.
(7) The owner of a vessel engaged in towing vessels for hire shall carry a general liability insurance policy in a form and amount acceptable to the division.
(8) A person engaged in towing vessels for hire shall ensure any vessel engaged in towing vessels for hire:
(a) is a minimum of 21 feet in length;
(b) has a minimum total of a 150 hp gasoline engine or engines, or a 90 hp diesel engine or engines; and
(c) is as large as or larger than the average vessel it will t ow.
(9) An outfitting company shall ensure its trip leaders or guides complete a division-approved training course on basic boat operations before engaging in towing vessels for hire.
(10) Each trip leader or guide shall conduct a minimum of five training evolutions of towing a vessel each year, with at least one evolution being a side tow.
(11)
(a) A trip leader or guide, and any passengers on board a vessel engaged in towing vessels for hire, shall wear a PFD at all times.
(b) The trip leader or guide shall ensure all occupants of a vessel being towed wear a properly fitted PFD during the tow.
(12)
(a) An outfitting company engaged in towing vessels for hire shall keep a log of each tow or vessel assist that includes:
(i) the assisted vessel's assigned bow number;
(ii) the name, address, and phone number of the assisted vessel's owner or operator;
(iii) the number of persons on board the assisted vessel;
(iv) the nature of the assistance provided;
(v) the date and time assistance provided; and
(vi) the location of the assisted vessel at the time it required assistance.
(b) The trip leader or guide of a vessel towing for hire shall make appropriate radio or other communications of the information required by Subsections (12)(a)(i) through (vi) with a person on land, preferably to a person who is at the outfitting company's place of business.
(13) Upon request of an agent of the division, an outfitting company shall provide the division with a copy of a towing vessel's log.
(14) A person or entity engaged in towing vessels for hire shall ensure that a vessel towing for hire:
(a) carries PFDs approved for the activity in which the towed vessel is engaged in a quantity sufficient for all persons on board a towed vessel;
(b) carries a minimum of two throwable PFDs, one of which shall be a ring life buoy;
(c) is equipped with a depth finder;
(d) is equipped with a tow line that is a minimum of 100 feet of 5/8 inch line with a tow bridle;
(e) is equipped with a towing post or reinforced cleats;
(f) carries a dewatering pump with a minimum capacity of 25 gallons per minute and that may be used to dewater other vessels;
(g) if towing for hire between sunset and sunrise, carries a white spotlight with a minimum brightness of 500,000 candle power; and
(h) carries a loudhailer, speaker, or other means of communicating with another vessel from a distance.
(15) A person or entity engaged in towing vessels for hire shall ensure any vessel towing for hire between sunset and sunrise is equipped with electronic radar equipment.
(16) A person or entity engaged in towing vessels for hire shall ensure any vessel engaged in towing for hire carries the following equipment in addition to the equipment required for vessels carrying passengers for hire:
(a) a knife capable of cutting the vessel's towline;
(b) a boat hook;
(c) a minimum of four, six-inch fenders;
(d) binoculars;
(e) a jump-starting system;
(f) a tool kit and spare items for repairs on the assisting vessel; and
(g) damage control items for quick repairs to another vessel.

Utah Admin. Code R650-206-7

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