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Helmet Law - Effective in 2020
We're still working on finalizing language in the rules. The goal is to allow for customers to be made aware that helmets will be provided upon request at time of reservation or in pre-trip documentation. Whether by a simple statement in a confirmation email or verbally over the phone the end goal is to to make it simple. OSMB has given us the following assurance: "The director has stated that offering access to helmets at the point of reserving a trip would be adequate. This could be done in e-mail boilerplate terms and conditions. I would not enforce this that you have to carry helmets in case someone decides midway through they want one." Lacking a U.S. standard, OSMB has adopted a European standard (CE EN 1385). We have been researching helmets commonly purchased by outfitters and have only found one that does not comply. Approved Helmets Tronton Helmets Shred Ready Helmets NRS Havoc & Chaos Helmets Pro-Tec Helmets Wanderer Helmet from Cascade River Gear Sir Panda and other watersports helmets from Licper Hardcap 3.1 Helmet from ION Predator Full-Cut Helmet Typhoon Kayak Watersport Helmet Not Approved Helmets Rafting Helmet by RiverGear from Man of Rubber We will update information as rules language is finalized and helmet research continues. Livery Registration - Effective 2020
Livery operations are now required to register as such with OSMB. There will be no fee for this and hopefully, it will be included in your standard outfitter registration and will not require a separate registration process. More information to come. Waterway Access Fund
You are exempt from paying this fee if: 1) You operate on a waterway designated as Wild & Scenic, AND 2) there is a fee-structure in place. This includes the 3% permit fee. We have been insured in person by the director, and in writing, that a 3% permit fee will qualify as a "fee system" as described in the exemption section of the bill. More information to come..... |
BLM Financial Accounting Requirements
If you hold a permit on the Deschutes River, you've already received notice that the new requirements are now part of your permit. These requirements will ultimately find their way into all other BLM permits. The BLM does have the right to audit an outfitter's financial records. The overall goal of an audit is to insure that all pertinent revenue is being reported on the post-use-report and fees are being paid on all reportable revenue. In short, the BLM needs to be able to compare bank deposits to fees/fares charged and payments received. If you are charging and receiving payments for items not considered reportable revenue (i.e. retail sales, non-trip-related lodging, etc...) then that must be clearly identifiable as such in your reservation and/or bookkeeping records. This is a complicated and daunting subject (unless perhaps you are a bookkeeper or accountant). The information available below will hopefully help to answer questions and help insure compliance. NOTE: The "Sample Customer Deposit Log" is only an example of the kind of record-keeping the BLM is looking for. You don't necessarily need a report that looks like this. As long as you can clearly connect bank deposits with payments and charges, then you will satisfy the financial accounting requirements. Documents The New Financial Accounting Procedures Sample Customer Deposit Log Clarification & Definition of Terms Frequently Asked Questions Non-Permitted Entities - Working with Third Parties
In general, the BLM is concerned with: 1) Entities that are advertising trips or programs on federal lands for which they do not have a permit, and are not listing the outfitter conduction the trip. 2) Non-permitted outfitters or entities that are physically running a trip or program under the "umbrella" of a permitted outfitter, and 3) Non-permitted entities who are making a profit from resources for which the are not permitted, and as part of this, revenue is not being reported for fee assessment. We are still working to clarify some aspects of the guidelines and there are many examples and scenarios which still need to be interpreted. We will continue to add more details and clarifications as we get them. In the meantime, if you have specific questions or need clarification on a particular program you are running, please feel free to contact us. Documents Third Party Compliance Flow Chart Sample Notice to BLM of Proposed Partnership Trip |
Transportation Requirements
For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
Additional links to relevant ODOT sites and contact information for specific ODOT staff are pending.
For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
Additional links to relevant ODOT sites and contact information for specific ODOT staff are pending.
