Is the DPV considered a "boat"?

[DiverRich]

So it's a long story but I was inquiring about the use of a DPV on a lake that prohibits motorized boats in Oregon. Both a marine deputy and a lawyer friend of mine say that DPVs fall under the Oregon Definition of a "boat."

For reference, here is the applicable state law... (some parts omitted for clarity)

ORS 830.005
Definitions for chapter
As used in this chapter, unless the context requires otherwise:

(2)"Boat" means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.

(3)"Boating offense" means violation of any provision of law that is made a crime or violation under the provisions of this chapter.

(6)"Motorboat" means any boat propelled in whole or in part by machinery, including boats temporarily equipped with detachable motors.

The thing is, if my DPV is considered a boat and/or a motorboat, a whole bunch of Oregon laws apply regarding lighting, invasive species permits, navigation, licensure, fire extinguishers and other safety equipment, etc.

I'm curious if anyone on here is in the Coast Guard and knows how the Coast Guard classifies DPVs. Are they even considered a vessel?

Any help or thoughts would be much appreciated.

 

[Wookie]

I didn't sleep in a Holiday Inn last night, but the Google is strong in me. The Coast Guard has stretched some definitions pretty far....

Vessel Determinations

On occasion, State law enforcement agencies, manufacturers or other interested parties will ask the Coast Guard what laws and regulations apply to a particular device being used, or considered for use, on the water. The Coast Guard’s first step is to determine whether or not the particular device in question is a "vessel". The process begins with the definition of the word vessel found in 1 USC 3, which is: "The word "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."

The following have been determined to be vessels by the Coast Guard.

Gold Dredges

Paddleboard

Argo-Amphibious ATV

Kiteboard

Float Tubes

This determination is limited to the application of regulations administered by the U.S. Coast
Guard and does not reflect the opinion of any other department or agency of the federal
government. You are encouraged to seek the advice of private counsel and/or the agency
administering the particular program(s) with which you are concerned.


Since I do know that vessels include submarines, I think I'd not try to sea-lawyer my way out of a DPV being a boat or vessel, and therefore, you must consider the fine....

Many vessels receive exemptions from regulations based on their use and design. For instance, if they were never designed for running lights, or they can easily be sterilized to prevent invasive species, etc., you might get a permanent exemption.

 

[The Chairman]

I'm not Frank, but calling a DPV a "vessel" is a huge stretch. You don't sit on or in it. Unless they specifically add it, I doubt they can legally cite it as such.

 

[Wookie]

I'm not Frank, but calling a DPV a "vessel" is a huge stretch. You don't sit on or in it. Unless they specifically add it, I doubt they can legally cite it as such.

Kiteboard? No fight, but if the lawyer and the resource conservation officer say it's a boat, I'd go to a higher authority.

 

[DiverRich]

Well I have seen the Coast Guard’s page on vessels (as quoted above) but that didn’t really clear it up for me.

I called the Coast Guard and completely stumped the guy I was talking to so he’s doing some checking.

Of course, even if the Coast Guard says it’s not a boat, that doesn’t mean Oregon will say it’s not a boat. But at least I’d know what’s expected of me in Coast Guard patrolled waterways.

I think this rabbit hole goes pretty deep.

 

[DiverRich]

I'm not Frank, but calling a DPV a "vessel" is a huge stretch. You don't sit on or in it. Unless they specifically add it, I doubt they can legally cite it as such.

To your point a DPV definitely doesn’t fit the Oregon definition of a Personal Watercraft because you don’t ride it or kneel or standup.

OAR 250-021-0020
Definitions
"Personal Watercraft" means a motorboat, less than 16 feet, propelled by machinery which:
(1) Uses an outboard motor or an inboard motor powering a water jet pump as its primary source of power;
(2) 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.

Now, if you really want your head to spin check out the definition of a “watercraft” in Oregon...

OAR 250-010-0660
(g) “Watercraft” are recreational or commercial, motorized and non-motorized boats, including canoes, kayaks and rafts, as provided in ORS 830.005, and any equipment used to transport a boat and any auxiliary equipment, as provided in ORS 570.850.

Now circle back the to definition of a boat above...

ORS 830.005
(2) "Boat" means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.

 

[Coztick]

So if a dpv is a boat, then your not allowed to operate it near scuba divers...
?!?

 

[cool_hardware52]

If your current ride is being mistaken for a boat you need to post it for sale on a NF cavers forum and replace it with a modern Li-Ion powered Dive-X scoot.

Tobin

 

[Bob DBF]

Depends on how good your lawyer is. I would have him make a case that it is a water toy.


Bob

 

[Coztick]

You could mount a GoPro on the nose and call it a motorized camara stabilizer.