
Commercial Boating
Commercial Boating
What is an Outfitting Company?
Outfitting Company: Any person who, for consideration: provides equipment to transport persons on all waters of this state; and supervises a person who operates a vessel to transport passengers; or leads a person on a vessel.
- What are some examples of an Outfitting Company?
- Lake or river fishing guide, operating a service from a boat
- A whitewater river rafting guide
- Wakeboard instructor with operation service from a motorboat.
- Stand-up paddle board (SUP), kayak, canoe tours or lessons
Why it’s important to register:
- It’s the law!
- Boats can be less forgiving than land-based travel. All other modes of transportation that carry passengers for hire have inspection programs.
- Vessel Inspection programs are a reasonable solution to ensure public safety.
- Our goal is to work collaboratively with outfitting companies to provide the public with safe and meaningful experiences on Utah’s waterways.
- Reduced liability and increase the safety of passengers/customers.
Definitions:
Person: An individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government and; any other organization or entity.
Consideration: Something of value given or done in exchange for something given or done by another. Consideration also includes but is not limited to “commercial gain and commercial activity, as defined in Utah Admin Code R651-601-11 and -12.
Utah Requirements for Outfitting Companies:
- Register annually
- Have a current business license
- Trip authorization/special use permits (contract to access and perform business on public land)
- Outfitters who are providing fishing and hunting services from a boat shall ALSO register with the Division of Wildlife Resources for the Guides, Outfitters, and Spotters License.
- Have current liability insurance at levels required by the access permitting agency
- Have a drug-free workplace policy
- Designate and provide a list of company agent(s) - someone to act on behalf of the company
- Ensure that the trip leader performs a vessel safety check and passenger orientation prior to embarking
- Maintain each vessel in its fleet according to good marine practices and standards
- Maintain a file of maintenance and inspections performed on each vessel for the duration of the vessel’s operation plus six years
- Perform an annual inspection of each vessel
- Outfitting companies with larger, motorized vessels will also need to participate in a five-year inspection program performed by a trained inspector representing the Utah Division of Outdoor Recreation
- For a more detailed description, please refer to Utah Administrative Code R650-206
Role of the Certifying Agent
An agent of the registered outfitting company shall certify that each trip leader or guide sponsored by the company has:
- Obtained the minimum levels of required vessel operation experience corresponding to the type of license or permit applied for; and
- Obtained the appropriate first-aid and CPR certificates.
- Ensure that trip manifests are created and provided to the trip leader and a copy is retained on file at the business location for six years
**The State of Utah no longer certifies and licenses guides or boat captains.**
First Aid & CPR Standards
Outfitting companies are responsible for researching current first aid and CPR courses that meet the National Emergency Medical Services Educational Standards. See the link below to compare the course your guides must have to carry passengers for hire.
Click HERE for the National EMS Education Standards. (Used for companies to help qualify their guides)
The Vessel Inspection Program
Vessel Inspection Forms
- Dry Dock (5-Year) Inspection Checklist
- Annual Inspection Checklist
- Outfitter Responsibility Checklist
- Required Equipment – Safety Items (Daily) Inspection Checklist
Resources & Study Guides
Carrying Passengers for Hire Guidebook (Used for companies to help qualify their guides)
What is a Boat Livery?
Boat Livery: A person that holds a vessel for renting or leasing.
- What are some examples of a livery?
- Concessionaire at a recreational area that has boats, PWCs, paddlecraft, etc.
- Tube rentals for a river float trip.
- Classified or application listings offering commercial or private vessels for rent, lease, or timeshare. This includes third party rental services.
Why it’s important to register:
- It’s the law!
- Boats can be less forgiving than land-based travel. All other modes of transportation that carry passengers for hire have inspection programs.
- Vessel Inspection programs are a reasonable solution to ensure public safety.
- To ensure that rental/lease agreements contain the proper and required information and to show that the renter/leasee has permission to have the vessel in their possession at that time.
- Reduced liability and increase the safety of passengers/customers.
Definitions:
Person: An individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government and; any other organization or entity.
Consideration: Something of value given or done in exchange for something given or done by another. Consideration also includes but is not limited to “commercial gain and commercial activity, as defined in Utah Admin Code R651-601-11 and -12.
Utah Requirements for Boat Liveries:
- Registration: Boat liveries must be registered with the Division of Outdoor Recreation.
- Information: The boat livery must advise the lessee or renter of a vessel of all of the boating laws and rules which the lessee or renter must obey.
- Equipment: Display the boat livery name on the outside of the vessel. The boat livery must equip a leased or rented vessel with the required safety equipment.
- Agreement: A copy of the lease or rental agreement must be carried onboard the leased or rented vessel and must contain the following information:
- The vessel’s assigned bow number
- The period of time for which the vessel is leased or rented
- Vessel’s departure date and time
- A check-off list of the required safety equipment onboard
- Records: The owner of a boat livery must keep a record of a lease or rental transaction for at least one year. The record must have the following information:
- Name and address of the person renting or leasing the vessel.
- Identification number of the vessel
- Vessel’s departure date and time
- The vessel’s expected time of return
- Insurance: The owner of a boat livery who rents personal watercraft and/or motorboats with engine >50 HP must provide its renters with primary coverage meeting the requirements of Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act. Proof of insurance, listing the identifying vessel information, must be carried onboard the rented vessel.
Why it’s important to register:
- It’s the law!
- Boats can be less forgiving than land-based travel. All other modes of transportation that carry passengers for hire have inspection programs.
- Vessel Inspection programs are a reasonable solution to ensure public safety.
- To ensure that rental/lease agreements contain the proper and required information and to show that the renter/leasee has permission to have the vessel in their possession at that time.
- Reduced liability and increase the safety of passengers/customers.
A Dealer Must Register with the Utah Division of Outdoor Recreation:
- If they are demonstrating, servicing, or testing a motorboat or sailboat.
- The assigned registration number and decal must be displayed on a backing plate while a motorboat or sailboat is in use.
- *This is similar to a “dealer plate” for an automobile - see below graphic for example of a proper backing plate.
A Dealer Must Purchase Temporary Registration Through the Utah Division of Motor Vehicles:
- If the dealer is going to register the motorboat or sailboat for the buyer.
A Dealer Must Register with the Motor Vehicles Enforcement Division:
- If they are selling boat trailers that are 750lbs. or greater.
Livery Companies
Check out these quick 1-min videos you can use to help your customers understand boating operation and safety.
If you have any further questions, please contact us at:
801-538-5500
boating@utah.gov
CONTACT US
General Questions
(801) 538-5500
boating@utah.gov
Address
1594 W North Temple
Suite 100
Salt Lake City, UT 84116