DAR File No. 31865

Natural Resources, Parks and Recreation

R651-215-9

Required Wearing of PFDs

NOTICE OF PROPOSED RULE

DAR File No.: 31865
Filed: 08/21/2008, 12:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to delete the requirement for sailboard users to wear Personal Flotation Devices (PFDs) as the Legislature exempted that requirement about ten years ago.

Summary of the rule or change:

This amendment brings this rule up-to-date with regard to legislative changes that occurred over the past several years. This will remove sailboard users as one of the groups who are required to wear PFDs.

State statutory or constitutional authorization for this rule:

Section 73-18-8

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget as this requirement was taken out by the Legislature about ten years ago and this amendment is to reflect that happened and update the rule.

local governments:

No impact to local government as this rule is to update the rule to reflect a change made by the legislature about ten years ago.

small businesses and persons other than businesses:

Small business will feel no impact from this change as it has been happening for about ten years and was mandated by the Legislature that sailboarders were exempt from wearing a PFD.

Compliance costs for affected persons:

There will be no anticipated compliance cost, as persons who sailboard be exempt from having to wear a PFD.

Comments by the department head on the fiscal impact the rule may have on businesses:

Impact on businesses should be negligible. Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2008

This rule may become effective on:

10/22/2008

Authorized by:

Mark Forbes, Deputy Director (Legislation)

R651. Natural Resources, Parks and Recreation.

R651-215. Personal Flotation Devices.

R651-215-9. Required Wearing of PFDs.

(1) An inflatable PFD may not be used to meet the requirements of this Section.

(2) All persons on board a personal watercraft [or a sailboard ]shall wear a PFD.

(3) The operator of a vessel under 19 feet in length shall require each passenger 12 years of age or younger to wear a PFD. This rule is also applicable to vessels 19 feet or more in length, except when the child is inside the cabin area.

(4) On rivers, every person on board a vessel shall wear a PFD, except PFDs may be loosened or removed by persons 13 years of age or older on designated flat water areas as listed in Section R651-215-12.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [August 7, 2007]October 22, 2008

Notice of Continuation: February 13, 2006

Authorizing, and Implemented or Interpreted Law: 73-18-8