S.B. 200 Enrolled

BOATING LAW CHANGES
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Nathan C. Tanner
AN ACT RELATING TO BOATING; AUTHORIZING THE BOARD OF PARKS AND
RECREATION TO REGULATE OUTFITTING COMPANIES AND TO SET LICENSE FEES
FOR VESSEL OPERATORS AND REGISTRATION FEES FOR OUTFITTING
COMPANIES; PROHIBITING THE OPERATION OF PERSONAL WATERCRAFT AFTER
SUNSET AND BEFORE SUNRISE; PROHIBITING THE GIVING OF PERMISSION TO
OPERATE A VESSEL IN VIOLATION OF MINIMUM AGE REQUIREMENTS; AND
ALLOWING MONEY IN THE BOATING ACCOUNT TO BE USED FOR PUBLICLY
OWNED BOATING FACILITIES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
73-18-2, as last amended by Chapter 351, Laws of Utah 1995
73-18-4, as repealed and reenacted by Chapter 99, Laws of Utah 1987
73-18-15.2, as last amended by Chapter 89, Laws of Utah 1996
73-18-22, as last amended by Chapter 281, Laws of Utah 1997
ENACTS:
73-18-15.3, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 73-18-2 is amended to read:
73-18-2. Definitions.
As used in this chapter:
(1) "Board" means the Board of Parks and Recreation.
(2) "Boat livery" means an entity which holds any vessel for renting, leasing, or chartering.
(3) "Carrying passengers for hire" means to transport persons on vessels or to lead persons
on vessels for [remuneration] consideration.
(4) "Consideration" means something of value given or done in exchange for something

given or done by another.
[(4)] (5) "Dealer" means any person who is licensed by the appropriate authority to engage
in and who is engaged in the business of buying and selling vessels or of manufacturing them for
sale.
[(5)] (6) "Division" means the Division of Parks and Recreation.
[(6)] (7) "Motorboat" means any vessel propelled by machinery, whether or not the
machinery is the principal source of propulsion.
[(7)] (8) "Operate" means to navigate, control, or otherwise use a vessel.
[(8)] (9) "Operator" means the person who is in control of a vessel while it is in use.
(10) "Outfitting company" means any person who, for consideration:
(a) provides equipment to transport persons on rivers; and
(b) supervises guides who operate vessels to transport passengers or to lead persons on
vessels.
[(9)] (11) "Owner" means a person, other than a lien holder, holding a proprietary interest
in or the title to a vessel. The term includes a person entitled to the use or possession of a vessel
subject to an interest by another person, reserved or created by agreement and securing payment or
performance of an obligation. The term does not include a lessee under a lease not intended as
security.
[(10)] (12) "Personal watercraft" means a motorboat that is:
(a) less than 16 feet in length;
(b) propelled by a water jet pump; and
(c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather
than sitting or standing inside the vessel.
[(11)] (13) "Sailboat" means any vessel having one or more sails and propelled by wind.
[(12)] (14) "Vessel" means every type of watercraft, other than a seaplane on the water, used
or capable of being used as a means of transportation on water.
[(13)] (15) "Wakeless speed" means an operating speed at which the vessel does not create
or make a wake or white water trailing the vessel. This speed is not in excess of five miles per hour.

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[(14)] (16) "Waters of this state" means any waters within the territorial limits of this state.
Section 2. Section 73-18-4 is amended to read:
73-18-4. Board may promulgate rules and set fees.
(1) The board may promulgate rules:
[(1)] (a) creating a uniform waterway marking system which shall be obeyed by all vessel
operators;
[(2)] (b) regulating the placement of waterway markers and other permanent or anchored
objects on the waters of this state;
[(3)] (c) zoning certain waters of this state for the purpose of prohibiting the operation of
vessels or motors for safety and health purposes only; and
[(4)] (d) regulating vessel operators who carry passengers for hire [and setting a fee not to
exceed $10 for licensing these operators] and outfitting companies.
(2) (a) The board may set fees for licensing vessel operators who carry passengers for hire
and registering outfitting companies in accordance with Section 63-38-3.2 .
(b) The license and registration fees imposed pursuant to Subsection (2)(a) shall be deposited
into the Boating Account created in Section 73-18-22 .
Section 3. Section 73-18-15.2 is amended to read:
73-18-15.2. Minimum age of operators -- Boating safety course for youth to operate
personal watercraft.
(1) (a) Except as provided in Subsection (2), a person under 16 years of age may operate a
motorboat on the waters of this state, if he is accompanied by a person who is at least 18 years of
age.
(b) A person under 16 years of age may operate a sailboat, if he is under the direct
supervision of a person who is at least 18 years of age.
(2) A person under 16 years of age and 12 years of age or older may operate a personal
watercraft provided he:
(a) is under the direct supervision of a person who is at least 18 years of age;
(b) completes a boating safety course approved by the division; and

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(c) has in his possession a boating safety certificate issued by the boating safety course
provider.
(3) A person under 18 years of age and 16 years of age or older may operate a personal
watercraft, if he:
(a) completes a boating safety course approved by the division; and
(b) has in his possession a boating safety certificate issued by the boating safety course
provider.
(4) A person required to attend a boating safety course under Subsection (3)(a) need not be
accompanied by a parent[,] or legal guardian[, or responsible party] while completing a boating
safety course.
(5) No person may give permission to another person to operate a vessel in violation of this
section.
[(5)] (6) As used in this section, "direct supervision" means oversight at a distance within
which visual contact is maintained.
[(6)] (7) (a) The division may collect a fee not to exceed $12 from each person who takes
the division's boating safety course to help defray the cost of the boating safety course.
(b) Money collected from the fee collected under Subsection (7)(a) shall be deposited in the
Boating Account.
Section 4. Section 73-18-15.3 is enacted to read:
73-18-15.3. Personal watercraft -- Prohibition on operation between sunset and sunrise.
A person may not operate a personal watercraft on the waters of this state between sunset and
sunrise.
Section 5. Section 73-18-22 is amended to read:
73-18-22. Boating Account created -- Contents -- Use of money.
(1) There is created within the General Fund a restricted account known as the Boating
Account.
(2) Except as provided under Section 73-18-24 , all registration fees and related moneys
collected by the division[,] or any authorized agent, [shall be deposited in the Boating Account as

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restricted revenue in the General Fund of the state,] less the costs of collecting motorboat and
sailboat registration fees by [any] an authorized agent, shall be deposited into the Boating Account.
(3) The amount retained by an authorized agent may not exceed 20% of the fees charged in
Section 73-18-7 . [The balance of the moneys]
(4) Money in the Boating Account may be used for:
(a) the construction, improvement, operation, and maintenance of [state-owned] publicly
owned boating facilities[, for];
(b) boater education[,]; and [for]
(c) the payment of the costs and expenses of the division in administering and enforcing this
chapter.

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