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I was fishing at East Canyon on May 25th.
A DNR field officer inspected my boat and issued me a citation for "No evidence of owner operator security (insurance) aboard vessel."
Only problem is, Utah State laws say that a vessel is not classified as a motorboat if the motor horsepower is less than 50. Vessels with a motor horsepower less than 50 are exempt.
My boat is a little 16' bass tracker with a 45 HP motor.
Nevertheless, the citation was issued and I am finding myself in and out of courtrooms, taking days off work not to mention the gas I spend driving to Morgan County and back.
I'm thinking that a high percentage of boats putting on at East Canyon must be fishing boats with motors less than 50 HP.
I'm wondering if this has happened to anyone else. They collect HEFTY fines for this.
I can't help but draw one of two conlusions about the field officer.
1) He is ignorant of the law. (Seems like this is one he should be very familiar with.)
2) He knows the law and is hoping that most people will just pay the fine rather than fight it like me.
I'm looking for anyone else who has had a similar experience. I am trying to gather information about filing a formal complaint against a field office.
Thanks guys!
G
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I have not had any problems but I am very interested in the outcome. I also have a 16' Tracker with a 40 hp merc. and I don't carry insurance on my boat either. I have been checked by officers but not once I have I ever been asked for insurance.
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Some years ago some A-HOE at Pineview tried to give me a ticket because 1 had 6 people on a water weenee stating that there was too many on my boat. He tried to argue that if the water weenee got deflated then they would have to come in my boat, thus overcrowding my boat since there were already 2 of us on it, making 8 people inside.
I said that if it popped (it has 3 compartments), I would just drag them to shore. Also, if a nuclear bomb hit, we wouldn;t have to worry about it.
I soon found out that guy had a reputation for being a dink.
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The law is on the DOT website in black and white I'd take that and proof of the horsepower to court and that should be the end of it. I see east canyon hasn't changed.
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Boat insurance is rather cheap. I only pay about $100/year. Seems easier to me to purchase insurance and not worry about it.
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I had a National park ranger at Lake Powell ask for my insurance card. I told him I didn't think it was required.
2 hrs. later he could not find anything on boats. he did find that it is required for personal watercraft (jet ski--wave runners)
I know it USE TO BE any boat 50 hp or higher was required to have insurance.
I ask when I registered my boat last week, they told me they just went threw this and insurance is NOT required on any boat, except personal watercraft (jet ski's--wave runners) where it is required.
hope this helps.
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It is a law that boats with over 50 hp have insurance.
I don't understand how someone could know the law that requires insurance for boats but doesn't know which boats require it. The person that cited you needs to be turned in to a superior and educated.
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I have since purchased insurance for the boat. The point isn't what's cheaper, but whether a law enforcement agent is ignorant of the law.
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You were given bad information. Liability insurance is required on boats with more than 50hp.
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Agreed. It's a tough pill to swallow to drive to Morgan to fight it. I'm sure your gas bill will rival the cost of the ticket. A phone call to the DWR may help correct the original problem. Does the ticket have the officer's name on it?
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Simply buying insurance is missing the point, being cited for a law that you are in compliance with is the injustice!! You could simple not use the boat and avoid the unjust citation as well.
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Several years ago, I was given a ticket for illegally parking at Pineview.
I called the Forest Service in Ogden and explained that there were no signs and that others were also parked where I was.
When someone verified that I was correct, they dismissed the charges. I did this all on the phone and didn't have to drive anywhere to get it sorted out.
You may want to try this approach.
Explain about the high cost of defending yourself against a blatant mistake.
I hope they just dismiss it for you.
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ya i know how you feel boat insurance is a pain in the but. I gota pay for my small 12-15ft float pontoon that has a electric motor. Its electric motor come on and still gota pay for it.
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Ive found its best to keep a copy of the state boating regulations on the boat. as well as fishing regulations.
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Troll you are correct.
Liability insurance is required on boats with more than 50 hp.
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I have to do both.
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Yeah it's more than frustrating.
When I called the clerk I tried to explain that the ticket was written in error. She was not authorized to do anything other than to say that I had to come in to see the judge.
So there I am in court after taking time off from work and driving all the way up to Morgan. I had printed the Utah Boating rules with the code referenced on my citation: Violation of section 73-18c-304.
The judge tells me all boats require insurance and asks me how I plea. Of course I plead not guilty. He wouldn't even look at my documentation.
Now I have to go back for pre-trial with the county attourney.
I know the burden of proof lies with the state, but it seems so far that the burden of my gas, my money and my time are of no concern to anyone but me.
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I would look into getting reimbursed for as much time and travel as you can if you can. I don't what that would entail but maybe you get something back for your time and trouble.
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Live to hunt----- Hunt to live.
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[quote a_bow_nut]I would look into getting reimbursed for as much time and travel as you can if you can. I don't what that would entail but maybe you get something back for your time and trouble.[/quote]
oh! good point!
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