Michigan Administrative Code › Department - Natural Resources › Law Enforcement Division › Vessels Carrying Passengers For Hire › Part 1 - GENERAL PROVISIONS › Section R. 281.3101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Act" means 1994 PA 451, MCL 324.44501 to
				  324.44526.
(b) "Auxiliary engine"
				  means any other engine or motor carried or used onboard a vessel, other than
				  the main propulsion engines.
(c)
				  "Class A vessel" means a vessel, except for a sailboat carrying 6 or fewer
				  passengers for hire, on navigable waters.
(d) "Class B vessel" means a vessel, except
				  for a sailboat carrying 6 or fewer passengers for hire, on inland
				  waters.
(e) "Class C vessel" means
				  a vessel, except for a sailboat carrying more than 6 passengers for hire, on
				  inland waters.
(f) "Class D vessel"
				  means a vessel which is propelled primarily by sails and which carries 6 or
				  fewer passengers for hire on navigable waters or carries passengers for hire on
				  inland waters.
(g) "Daytime" means
				  1 hour before sunrise to 1 hour after sunset, where the actual times of sunrise
				  and sunset are determined by the United States weather bureau. Times shall be
				  local prevailing time.
(h) "Deck
				  rails" means a guard structure at the outer edge of a vessel deck consisting of
				  vertical solid or tubular posts and horizontal courses made of metal tubing,
				  wood, cable, rope, or other suitable material.
(i) "Department" means the department of
				  natural resources.
(j) "Dockside
				  inspection" means an examination of a vessel when the vessel is moored
				  alongside a dock and afloat in the water so that all of the exterior above the
				  waterline and the interior of the vessel may be examined.
(k) "Drydock inspection" means an examination
				  of a vessel when the vessel is out of the water and supported so that all of
				  the exterior and interior of the vessel may be examined.
(l) "Flexible vibration hose" means nonrigid
				  tubing which is noncombustible or self-extinguishing and which is not affected
				  by the motion of the vessel or the machinery to which it is connected or
				  attached.
(m) "General maintenance"
				  means drydocking or hauling out of a vessel for painting or cleaning the hull
				  and rudder, or the changing of a propeller, propeller shaft, and associated
				  bearings.
(n) "Good marine practice
				  and standards" means those methods and ways of maintaining, operating,
				  equipping, repairing, and restructuring vessels as determined by the marine
				  inspector. The marine inspector shall use commonly accepted standards,
				  including 46 C.F.R. SS1.01 to 552.5, the standards of the American boat and
				  yacht council, and the standards of the boating industry association as sources
				  of reference in making such determinations.
(o) "Inland waters" means all waters of the
				  state, except navigable waters.
(p)
				  "Marine inspector" means a department marine safety officer, conservation
				  officer, or other person employed by the department and trained in vessel
				  inspection and operator testing procedures.
(q) "Navigable waters" means those waters of
				  the state over which the state of Michigan and the United States coast guard
				  exercise joint jurisdiction, including the Great Lakes and waters connected
				  thereto, to the upstream limit of navigation as determined by the United States
				  department of the army, corps of engineers.
(r) "Nighttime" means 1 hour after sunset to
				  1 hour before sunrise where actual times of sunrise and sunset are determined
				  by the United States weather bureau. Time shall be local prevailing
				  time.
(s) "Open boat" means a
				  vessel, either with or without engines or motors, which has its engine, fuel
				  tank compartments, and other spaces, except weather enclosures, open to the
				  atmosphere and arranged to prevent or preclude the entrapment of explosive or
				  flammable gases and vapors within the vessel.
(t) "Owner" means a person who claims lawful
				  possession of a vessel by virtue of legal title or equitable interest therein
				  which entitles him or her to possession. "Owner" also means a person acting on
				  the behalf of the owner in all matters concerning the vessel.
(u) "Personal flotation device" means a
				  United States coast guard-approved lifesaving device.
(v) "Ring life buoy" means a United States
				  coast guard-approved round or horse collar type IV throwable personal flotation
				  device.
(w) "Suitable" means that
				  the marine inspector has determined that an item is in keeping with good marine
				  practice and standards.
(x)
				  "Weather deck" means those portions of the foredeck and afterdeck which are
				  open and exposed to the weather.