2005 Idaho Code - 67-7003 — DEFINITIONS

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 70
                            IDAHO SAFE BOATING ACT
    67-7003.  DEFINITIONS. In this chapter:
    (1)  "Actual physical control" means being in the operator's position of
the vessel with the motor running or with the vessel moving.
    (2)  "Aids to navigation" means such buoys, batons, markers or other fixed
objects in the water which are established and used to mark obstructions or to
direct navigation through separate channels.
    (3)  "Authorized vendor" means a retail/commercial enterprise or
government office authorized by the department to sell certificates of
registration as provided in section 67-7008, Idaho Code.
    (4)  "Boating law administrator" means the staff person of the Idaho
department of parks and recreation appointed by the director and who
supervises the boating program.
    (5)  "Commercial vessel" means any vessel used in the carriage of any
person, persons or property for a valuable consideration, whether directly or
indirectly flowing to the owner, partner, agent or any other person interested
in the vessel.
    (6)  "Department" means the Idaho department of parks and recreation.
    (7)  "Director" means the director of the Idaho department of parks and
recreation.
    (8)  "Float house" means a floating structure which is designed and built
to be used, or is modified to be used, as a stationary waterborne residential
dwelling, has no mode of power of its own, is dependent for utilities upon a
continuous utility linkage to a source originating on shore, and has a
permanent continuous connection to a sewage system on shore.
    (9)  "Float tube" means any vessel constructed of canvas, nylon or other
material encasing an inflatable inner tube which allows the operator to sit
inside with his legs dangling below the vessel.
    (10) "Length of vessel" means the distance measured at the centerline at
the highest point above the waterline from the fore-part of the outer hull at
the bow to the aft-part of the outer hull at the stern, excepting any
bowsprits, railings or extraneous or additional equipment.
    (11) "Manufacturer" means any person who is engaged in the business of
manufacturing or importing new and unused vessels for the purpose of sale or
trade.
    (12) "Operate" means to navigate or otherwise use a vessel on the water of
this state.
    (13) "Operator" means any person who controls the direction or propulsion
of any vessel on the water of this state.
    (14) "Owner" means any person having a property interest in or entitled to
the use or possession of a vessel, including a person entitled to use or
possession subject to the interest in another person reserved or created by
agreement and securing payment of performance of an obligation, but not
including a lessee under lease not intended as security.
    (15) "Passenger" means every person carried aboard a vessel other than:
    (a)  The owner or his representative;
    (b)  The operator;
    (c)  A bona fide member of the crew engaged in the business of the vessel
    who has contributed no consideration for carriage and who is paid for his
    services; or
    (d)  Any guest on board a vessel which is used exclusively for pleasure
    purposes who has not contributed any consideration directly or indirectly
    for his carriage.
    (16) "Person" means any individual, firm, partnership, corporation,
company, association, joint stock association, or body politic, except the
United States and the state of Idaho, and includes any agent, trustee,
executor, reserve assignee or similar representative of any of the above.
    (17) "Personal watercraft" means a small vessel which uses an outboard
motor or an inboard motor powering a water jet pump as its primary source of
power and is designed to be operated by a person sitting, standing or kneeling
on, rather than in the conventional manner of sitting or standing inside the
vessel.
    (18) "Private label merchandiser" means any person engaged in the business
of selling or distributing, under his own trade name, vessels manufactured by
another.
    (19) "Regatta," "Race," "Marine Event," "Tournament," or "Exhibition"
means an organized water event of limited duration which is conducted
according to a prearranged schedule.
    (20) "Regulatory markers" means any fixed or anchored aid to navigation
which is established and used, but is not limited to, the bathing beach
markers, speed zone markers, information markers, swimming or diving markers,
floating mooring buoys, fishing buoys or markers for ski courses or jumps.
    (21) "Rules of the road" means the statutory and regulatory rules
governing the navigation of vessels as published by the United States Coast
Guard in Navigational Rules International -- Inland.
    (22) "Vessel" means every description of watercraft, including a seaplane
on the water, used or capable of being used as a means of transportation on
water, but does not include float houses, diver's aids operated and designed
primarily to propel a diver below the surface of the water, and nonmotorized
devices not designed or modified to be used as a means of transportation on
the water, such as inflatable air mattresses, single inner tubes, and beach
and water toys.
    (23) "Water of this state" means any waters in the state of Idaho over
which the state has jurisdiction.

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