69-9-209 - Rules and regulations. - Tennessee Statutes

69-9-209. Rules and regulations.

(a)  The commission shall establish uniform regulations governing the numbering, the safety equipment, and the operation of the vessels subject to this chapter so that any such vessel complying with the regulations may be operated with equal freedom, or under similar requirements, upon all the waters of Tennessee. Safety and operational regulations shall not be in conflict with federal laws and regulations applicable to such vessels upon the navigable waters of the United States that are within this state. The commission is authorized and directed to alter and amend its regulations as need be, from time to time, to prevent conflict with federal laws and regulations pertaining to vessels.

(b)  (1)  The commission is authorized to proclaim special rules and regulations governing the operation of vessels in special areas or under special conditions.

     (2)  (A)  Notwithstanding the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or any other provision of law to the contrary, the executive director, with the concurrence of the commission, is specifically authorized to order the temporary suspension of the effectiveness of any rule or regulation governing the operation of vessels in special areas or under special conditions if the public health, safety and welfare, and the aquatic habitat can be reasonably protected. The temporary suspension of such rules or regulations may be by proclamation, and shall not be subject to the rulemaking and publication provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

          (B)  The executive director shall ensure that adequate public notice of such temporary suspension of the rules is given. Whenever possible, the executive director shall transmit written notice of the order to suspend temporarily the rules to the secretary of state for publication in the notice section of the monthly administrative register.

(c)  Such rules and regulations of the commission as are authorized for this chapter shall be published at least one (1) time in newspapers whose circulation generally covers the areas affected by the rules and regulations. The publication of the rules and regulations is required to be at least fifteen (15) days before the terms of the rules and regulations will become effective. A copy of all rules and regulations passed by the commission shall be immediately filed with the secretary of state and the county clerks for the counties affected. The commission may conduct a public hearing on proposed rules or regulations.

(d)  No municipality, or other local authority, shall establish any regulation of a local nature not in conformity with state regulations authorized in this section.

(e)  On any proposed regulation affecting the equipment or operation, or both, of any vessel subject to this chapter, the commission may solicit the advice or opinions of representative boating associations, yacht clubs, and local, state or federal officials or agencies having knowledge or experience with the subject of the proposed regulations.

(f)  The commission shall provide regulations to govern:

     (1)  Reports to be made and action required in case of accident;

     (2)  Reporting the destruction, sale, or transfer of ownership of numbered vessels;

     (3)  Reporting the change of address of owner of a numbered vessel;

     (4)  Special numbers for use by manufacturers or dealers for the demonstration or transportation of vessels;

     (5)  The issuance of certificates for boats from other states using the waters of Tennessee for more than sixty (60) days. For the purposes of this subdivision (f)(5), where such a vessel is in Tennessee solely for wet or dry storage or repairs, or both, the length of time that such vessel is in Tennessee for such purposes shall not be counted;

     (6)  Safety equipment, lights and operations not inconsistent with federal laws;

     (7)  Cooperation with local governments and federal authority for special events or to meet emergency situations;

     (8)  Issuance of special numbers to owners of fleets of boats for hire or rent;

     (9)  Equipment and activities associated with commercial boating; and

     (10)  Abandoned and salvaged vessels.

[Acts 1965, ch. 334, § 10; 1974, ch. 719, § 3; 1975, ch. 87, §§ 5-7; T.C.A., § 70-2210; Acts 1990, ch. 694, § 1; T.C.A. § 69-10-209; Acts 2007, ch. 185, § 5.]