Area Coordinator:

John Van Dinter, N-LAW

State Liaison:

John Buffington

State of WY

Wyoming

Boating Law Administrator

State Website

Game and Fish

Legislation Website

Coast Guard Auxiliary District:  8WR

Coast Guard District:  8th

 

Second Quarter Report, 2009:

 

The 2009 General Session of Wyoming State Legislature adjourned March 5, 2009.

 

 Updates on the 3 bills of interest from the 1st quarter report are:

Senate File 0011 - Effective date 24FEB09

Senate File 0037 - Effective date 01JUL09

Senate File 0111 - Effective date 02MAR09

 

Additional legislative update:
 

Senate File 0058 - AN ACT relating to vehicle title and registration; reorganizing and repealing statutes; amending time limits; amending license plate and specialty plate statutes; modifying the qualification and treatment of rental vehicles and rental companies; requiring bonding; amending definitions; specifying applicability of the act; and providing for an effective date.

 

Analysis – This bill requires certain vehicles that did not require a title of ownership in the past to now be titled. The bill was amended to include watercraft. Beginning 1JAN10, the transfer of ownership of any watercraft that has an identifying number pursuant to W.S. 31-1-101 (a) (ix), will require a HIN inspection and the application for a certificate of title.

 

The Wyoming Game and Fish Department is also proposing a number of changes

to the existing Watercraft Regulation:

 

1. Current regulation:

Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Chapter 13, Title 41 and the Commission also adopts the following definitions:

 

(a) "Accompanied by an adult" means no person under the age of sixteen (16) years shall operate or be in physical control of a motorized watercraft on the waters of the State unless an adult is also physically aboard the motorized watercraft.

(b) "Adult" means a person eighteen (18) years of age or older.

(q) "Operator" means the person who is in physical control or in charge of a watercraft while it is in use.

 

Proposed changes:

(a) “Accompanied by an adult” means no person under the age of sixteen (16) years shall operate or be in physical control of a motorized watercraft on the waters of the State unless an adult is also physically aboard the motorized watercraft and is responsible for the operation of the watercraft.

(r) “Operator” means the person in physical control or in charge of a watercraft while it is in use. When the person in physical control of a watercraft is under the age of sixteen (16) years, the accompanying adult may be considered the operator.

 

Analysis – The current regulation does not clearly indicate who is responsible for the safe operation of the vessel. The proposed changes place that responsibility on the adult.

 

2. Current regulation:

(dd) "Watercraft" means any contrivance used or designed primarily for navigation on the water that is designed to be propelled by paddles, oars, sails or motors; except devices defined as water sport toys.

Amphibious vehicles designed for travel over land and water shall not be considered watercraft for the purpose of this regulation.

 

Proposed change:

(gg) “Watercraft” means any contrivance used or designed primarily for navigation on the water that is designed to be propelled by paddles, oars, sails or motors; except devices defined as water sport toys.

Amphibious vehicles designed for travel over land and water with propeller or jet propulsion systems shall be considered watercraft for the purpose of this regulation.

 

Analysis – This expands the definition of watercraft to include amphibious vehicles and subject their use to current watercraft safety regulations.

 

3. Current regulation:

(a) All numbers assigned to motorized watercraft in the State shall consist of three (3) parts. The first part, the prefix, shall consist of the letters "WY" signifying the State of registration; the second part shall consist of not more than four (4) Arabic numerals; the third part, the suffix, shall consist of not more than two (2) capital letters, but “I”, "0" and "Q" shall not be used because of their similarity to Arabic

numerals. The first capital letter in the third part, the suffix, shall indicate the Class of motorboat as A, B, C, or D. Numbers assigned to motorized watercraft dealers shall have the letters "DL" as the suffix.

 

Proposed change:

(a) All numbers assigned to motorized watercraft in the State shall consist of three (3) parts. The first part, the prefix, shall consist of the letters "WY" signifying the State of registration; the second part shall consist of not more than four (4) Arabic numerals; the third part, the suffix, shall consist of not more than two (2) capital letters, but “I”, “O” and “Q” shall not be used because of their similarity to Arabic numerals. The first capital letter in the third part, the suffix, shall indicate the Class of motorboat as A, B, C, or D. Numbers assigned to motorized watercraft dealers shall have the letters "DL" as the suffix. Numbers assigned to rental watercraft shall have the letters “AL,” “BL,” or “CL” as the suffix.

 

Analysis – This will clearly identify all rental vessels from those privately owned.
 

4. Current regulation:
(A) Two (2) different flags are used to indicate the presence of a person engaged in diving in the immediate area. The official flag, Alpha, which is blue and white is internationally recognized for all diving operations. The second flag is the red flag with a white diagonal stripe. No person shall operate or permit the operation of any motorized watercraft at a speed greater than a no wake speed on the waters

of this State within one hundred (100) feet of a "diver down" flag(s) that has been displayed to indicate the presence of a person diving or snorkeling. The diver's down flag(s) shall be displayed only when diving or snorkeling is in progress and shall be displayed so as not to impede normal watercraft traffic. 

 

Proposed change:

(A) Two (2) different flags are used to indicate the presence of a person engaged in diving in the immediate area. The official flag, Alpha, which is blue and white is internationally recognized for all diving operations. The second flag is the red flag with a white diagonal stripe. No person shall operate or permit the operation of any motorized watercraft on the waters of this State within one hundred (100) feet of a “diver down” flag(s) that has been displayed to indicate the presence of a person diving or snorkeling. The diver's down flag(s) shall be displayed only when diving or snorkeling is in progress, and shall be displayed so as not to impede normal watercraft traffic. “Diver down” flag(s) shall not be placed in areas already occupied by other watercraft.

 

Analysis – Establishes a restricted zone of one hundred feet around a displayed diver-down flag and directs divers to not commence dives within one hundred feet of already present vessels.

 

5. Proposed new definitions:
(l) “HIN” means a Hull Identification Number that meets the specifications listed in Title 33 of the Code of Federal Regulations. (u) “Proof of ownership for temporary operation” means a notarized bill of sale stating the name of the previous owner of the motorized watercraft, the name of the purchaser of the watercraft, description of the watercraft with correct HIN or a copy of a properly transferred title, a bill of sale with correct HIN from a motorized watercraft dealer, or a copy of a notarized affidavit by the builder of a homemade watercraft which indicates a description of the watercraft and the date construction was completed. (aa) “Temporary operation” means the operation of a motorized watercraft without a certificate of number during the thirty (30) consecutive days immediately following the date of purchase.

Analysis – These new definitions are added due to Senate File 0058 becoming law and establishing a certificate of title for watercraft ownership.  The Wyoming Game and Fish Department has already published the “Notice of Intent to Adopt Rules and Regulations” and these proposed changes are currently in the public input phase of the regulatory change process.

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Updated Sunday September 06, 2009

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