Section 312IAC5-14-1. Boats carrying passengers for hire; application; delegation; exemptions; maintenance of equipment in a good and serviceable condition

   (a) This rule governs the inspection, maintenance, and operation of boats carrying passengers for hire upon public water.

  (b) Except as provided in subsection (c), a person must not operate a boat carrying passengers for hire unless the person complies with IC 14-15 and this rule. These requirements apply to the operator and the owner, regardless of whether an operator or owner is onboard.

  (c) A person who presents valid and current documentation to evidence a boat is regulated and inspected by the United States Coast Guard, and who is in conformance with the regulation and inspection, is exempted from this rule.

  (d) The division director may authorize a qualified person, other than an employee of the department, to conduct an inspection or other function of the department under this rule.

  (e) An owner must maintain all equipment associated with a boat carrying passengers for hire in a good and serviceable condition as determined by a marine inspector.

  (f) Operations relating to a boat carrying passengers for hire must be performed by or on behalf of the owner according to good marine practice and standards. (Natural Resources Commission; 312 IAC 5-14-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1461; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA)