1. (1) Registered Outfitters and Guides who carry passengers for compensation are required to have all crew members, employees and passengers wear a properly secured personal flotation device on those sections of river that are rated Class III or higher on a commonly accepted scale of river difficulty.

2. (2) The personal flotation devices used by outfitters and guides must:

   1. (a) Be approved by the U.S. Coast Guard as a wearable personal flotation device.
   2. (b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.
   3. (c) Not be an inflatable personal flotation device.
3. (3) A Guide Boatsman Trainee may operate a boat to transport equipment and gear, but not passengers for compensation, on those sections of rivers rated as Class III or higher. The Guide Boatsman must be either a registered Outfitter and Guide, or a listed employee of a registered Outfitter and Guide.

4. (4) To meet requirements of ORS 704.070(1)(e), helmets made available to passengers must meet the CE EN (European Committee for Standardization) 1385 standard. Helmets are considered to be available when the Outfitter and Guide:

   1. (a) Sells or rents helmets, or otherwise causes the availability of helmets, at or near the watercraft rental location; or
   2. (b) Provides notification to potential customers that Class III or higher waters will be encountered and allows the customer to decline the offer of a helmet verbally or in writing, or to otherwise obtain a helmet for use during the activity.

Statutory/Other Authority

ORS 704.500

Statutes/Other Implemented

ORS 704.070

History

OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 11-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 3-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 15-2011, f. & cert. ef. 11-1-11