73-18-2 - Definitions.
73-18-2. Definitions.
As used in this chapter:
(1) "Board" means the Board of Parks and Recreation.
(2) "Boat livery" means a person that holds a vessel for renting or leasing.
(3) "Carrying passengers for hire" means to transport persons on vessels or to leadpersons on vessels for consideration.
(4) "Consideration" means something of value given or done in exchange for somethinggiven or done by another.
(5) "Dealer" means any person who is licensed by the appropriate authority to engage inand who is engaged in the business of buying and selling vessels or of manufacturing them forsale.
(6) "Division" means the Division of Parks and Recreation.
(7) "Motorboat" means any vessel propelled by machinery, whether or not the machineryis the principal source of propulsion.
(8) "Operate" means to navigate, control, or otherwise use a vessel.
(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 all waters of this state; and
(b) supervises a person who:
(i) operates a vessel to transport passengers; or
(ii) leads a person on a vessel.
(11) (a) "Owner" means a person, other than a lien holder, holding a proprietary interestin or the title to a vessel.
(b) "Owner" includes a person entitled to the use or possession of a vessel subject to aninterest by another person, reserved or created by agreement and securing payment orperformance of an obligation.
(c) "Owner" does not include a lessee under a lease not intended as security.
(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, ratherthan sitting or standing inside the vessel.
(13) "Sailboat" means any vessel having one or more sails and propelled by wind.
(14) "Vessel" means every type of watercraft, other than a seaplane on the water, used orcapable of being used as a means of transportation on water.
(15) "Wakeless speed" means an operating speed at which the vessel does not create ormake a wake or white water trailing the vessel. This speed is not in excess of five miles perhour.
(16) "Waters of this state" means any waters within the territorial limits of this state.
Amended by Chapter 94, 2008 General Session