Is the DPV considered a "boat"?

[kelemvor]

Oregon will actually title it. They will title damn near anything if you’re willing to pay a fee. Problem is that when they issue a HIN (hull identification number) I have to place it above the waterline. But then I’ll be required to carry an anchor, a non-inflatable PFD, a throw cushion, and a fire extinguisher. If I want to operate at night I’ll need lights that can be seen for three miles. I’ll also have to display a diver down flag from the boat while diving. By law I’ll be required to carry the registration and an invasive species permit on board and place a series of 3 inch registration numbers on the hull that isn’t even big enough for them them. There’s even a law that makes it illegal to tow myself without a spotter.

Just put all the number on top of each other. The anchor would help offset the buoyancy caused by the PFD and cushions. Who knows what the buoyancy of a fire extinguisher is though.

Lighting will be tough. You might have to bring a small nuclear reactor to power the lights.

Well.. on the bright side, videos of you using that thing would be hilarious. You might get a million views on youtube and make a bunch of money.

I think you're gonna need a bigger scooter to tow your spotter along.

 

[The Chairman]

Problem is that when they issue a HIN (hull identification number) I have to place it above the waterline.

I thought you were asking for a friend???

 

[Coztick]

Who knows what the buoyancy of a fire extinguisher is though.

Just tossed my extinguisher overboard, ya they're negative....

 

[Jon Nellis]

To operate or posses a boat with a title, it must have a hull ID number. The hull ID number is only required if...

ORS 830.825

No person shall operate a boat on the waters of this state or be in possession of a boat for which the State Marine Board has issued a certificate of boat title unless such boat has a hull identification number that complies with the requirements of this section. Hull identification numbers must be carved, burned, stamped, embossed, clearly imprinted or otherwise permanently affixed to the outboard side of the transom, or if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism above the waterline of the boat in such a way that alteration, removal or replacement would be obvious or evident.

Your DPV has no transom, rudder or other steering mechanism ABOVE the waterline (i.e. outboard motor tiller handle), so there is no location onto which a hull ID number is required to be affixed. Because it is not a boat. It's also not a personal watercraft from the previous definition. At most you have a detachable outboard motor so you might need an aquatic invasive species check per ORS 830.587, but that definition only applies to three specific sections, 830.589 (Watercraft check stations), 830.594 (Report of prevention efforts) and 830.999 (Penalty for transporting aquatic invasive species):

830.180 Use of motors prohibited on certain lakes

No person, other than the Department of State Police and governmental agencies of this state and the federal government having jurisdiction over the following described waters, shall use a motor for propelling a boat or for any purpose on the following named waters of this state located in the counties named: ...

That only applies to BOATS propelled by a motor, and you are not a boat, because you have no hull ID "carved, burned, stamped, embossed, clearly imprinted or otherwise permanently affixed" to your transom. (That would hurt!)

Cheers,
Jon

 

[DiverRich]

To operate or posses a boat with a title, it must have a hull ID number. The hull ID number is only required if...

ORS 830.825

No person shall operate a boat on the waters of this state or be in possession of a boat for which the State Marine Board has issued a certificate of boat title unless such boat has a hull identification number that complies with the requirements of this section. Hull identification numbers must be carved, burned, stamped, embossed, clearly imprinted or otherwise permanently affixed to the outboard side of the transom, or if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism above the waterline of the boat in such a way that alteration, removal or replacement would be obvious or evident.

Your DPV has no transom, rudder or other steering mechanism ABOVE the waterline (i.e. outboard motor tiller handle), so there is no location onto which a hull ID number is required to be affixed. Because it is not a boat. It's also not a personal watercraft from the previous definition. At most you have a detachable outboard motor so you might need an aquatic invasive species check per ORS 830.587, but that definition only applies to three specific sections, 830.589 (Watercraft check stations), 830.594 (Report of prevention efforts) and 830.999 (Penalty for transporting aquatic invasive species):

830.180 Use of motors prohibited on certain lakes

No person, other than the Department of State Police and governmental agencies of this state and the federal government having jurisdiction over the following described waters, shall use a motor for propelling a boat or for any purpose on the following named waters of this state located in the counties named: ...

That only applies to BOATS propelled by a motor, and you are not a boat, because you have no hull ID "carved, burned, stamped, embossed, clearly imprinted or otherwise permanently affixed" to your transom. (That would hurt!)

Cheers,
Jon

The thing is you can’t get the invasive species permit without titling the boat. A catch-22.

 

[DiverRich]

So a win for common sense! I just heard from the Master Chief at the local Coast Guard station. According to his research, per Coast Guard regs, a DPV is NOT a vessel. He was also kind enough to contact the Oregon Marine Board who agrees a DPV does not meet the definition of a “boat” under Oregon law. As for use I’m the lake, they are researching it and will get back to me, in writing, on that.

Thanks for the fun discussion and the laughs. Sometimes the government can be as entertaining as it is infuriating.

 

[Anthony Jones]

I'd say *technically* they are correct.

The statute definition reads "capable of being used as a means of transportation on the water". You certainly could use a DPV on the surface even though it isn't designed for that.

But I think it is a long stretch to try to make a DPV fit into the "boat" category.

I'd say you are just as correct to tell the deputy that it is a "water toys", as he is to try to make a DPV a "boat".

I bet if you brought your "water toy" into the court room and laid it on the floor in front of the bench and told the judge the deputy's statute clearly exempts water toys, the judge would bang his gavel and yell "dismissed". Just like *technically* it's against the law to drive 56 in a 55, but those cases are usually squashed by the DA before they ever see a courtroom.

 

[Texasguy]

First thing a judge is going to say, WTF is a DPV?

 

[2airishuman]

The greater problem is that the reach of some of the new invasive species laws and regulations is extremely broad. We're rapidly approaching the point where you can't take a dive computer from one lake to another without getting inspected. In fact we may be at that point in some jurisdictions.

 

[northernone]

Oregon will actually title it. They will title damn near anything if you’re willing to pay a fee. Problem is that when they issue a HIN (hull identification number) I have to place it above the waterline. But then I’ll be required to carry an anchor, a non-inflatable PFD, a throw cushion, and a fire extinguisher. If I want to operate at night I’ll need lights that can be seen for three miles. I’ll also have to display a diver down flag from the boat while diving. By law I’ll be required to carry the registration and an invasive species permit on board and place a series of 3 inch registration numbers on the hull that isn’t even big enough for them them. There’s even a law that makes it illegal to tow myself without a spotter.

Wow, the bureaucracy of the world is fascinating.

I've liked the term 'aquatic mobility aid' when questioned what I am carrying by officials.

Cheers,
Cameron