PRINTER'S NO. 645
No. 580 Session of 1997
INTRODUCED BY MELIO, YOUNGBLOOD, MARKOSEK, GIGLIOTTI, TANGRETTI,
CAWLEY, TRELLO AND CORRIGAN, FEBRUARY 13, 1997
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 13, 1997
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, providing for boating education.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 5103 of Title 30 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 [§ 5103. Boating education programs.
8 The commission may inaugurate a comprehensive boating safety
9 and boating educational program and seek the cooperation of
10 organized boaters, the Federal Government and other states. The
11 commission may issue safety certificates to adults and minors
12 who complete courses in boating safety education.]
13 § 5103. Boating education.
14 (a) Mandatory program of boating education.--Except as
15 otherwise provided in this section, no person shall operate a
16 motorboat on the waters of this Commonwealth on or after the
17 following dates without first obtaining a certificate of boating
18 safety education:
1 (1) For operators who are under 20 years of age, on or
2 after January 1, 1999.
3 (2) For operators who are under 25 years of age, on or
4 after January 1, 2000.
5 (3) For operators who are under 30 years of age, on or
6 after January 1, 2001.
7 (4) For operators who are under 35 years of age, on or
8 after January 1, 2002.
9 (5) For operators who are under 40 years of age, on or
10 after January 1, 2003.
11 (6) For operators who are 40 years of age or older, on
12 or after January 1, 2004.
13 On or after January 1, 1999, no person shall operate a personal
14 watercraft unless he has completed a course in personal
15 watercraft operation handling, has been issued a Certificate of
16 Personal Watercraft Operation by the commission and is at least
17 15 years of age.
18 (b) Compliance.--Any person who is subject to the provisions
19 of subsection (a) shall:
20 (1) Possess the certificate of boating safety education
21 when operating a vessel on waters of this Commonwealth.
22 (2) Show the certificate on the demand of a waterways
23 conservation officer or other law enforcement officer.
24 (c) Exemptions.--The following persons are exempt from the
25 requirements of this section:
26 (1) A person who is visiting this Commonwealth for 90
27 days or less in a vessel from a country other than the United
28 States.
29 (2) A person operating a boat on a body of water located
30 on private property.
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1 (3) Any other person exempted by regulation of the
2 commission.
3 (d) Operational requirements.--When a motorboat is operated
4 for pleasure on the waters of this Commonwealth, the operator of
5 the vessel shall:
6 (1) possess the certificate of boating safety education;
7 or
8 (2) be exempt from the certification requirements of
9 subsection (a).
10 (e) Commission duties.--The commission shall:
11 (1) Promulgate regulations that establish criteria for a
12 course of instruction in boating safety education.
13 (2) Administer a written or verbal test when
14 appropriate.
15 (3) Coordinate a Statewide program of boating safety
16 instruction and certification and, whenever possible, ensure
17 that a course of boating safety education is available within
18 each county.
19 (4) Ensure that approved courses of instruction in
20 boating safety education are available at the earliest
21 practicable age for children in boating communities.
22 (5) Issue a certificate of boating safety education to a
23 person who passes a commission-approved course in boating
24 safety education.
25 (6) Replace a lost or destroyed certificate.
26 (7) Establish such fees as may be necessary to implement
27 and administer a course of instruction in boating safety and
28 issue certification.
29 (f) Additional sources of instruction.--If approved by the
30 commission, any of the following may offer the course of
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1 instruction in boating safety education:
2 (1) The commission.
3 (2) The United States Coast Guard Auxiliary.
4 (3) The United States Power Squadron.
5 (4) A political subdivision.
6 (5) A municipal corporation.
7 (6) An agency.
8 (7) A public or nonpublic school.
9 (8) A group.
10 (9) A firm.
11 (10) An association.
12 (11) Any other person.
13 (g) Validity of certificate.--A certificate of boating
14 safety education is not transferable and shall be valid for the
15 lifetime of the person to whom it was issued.
16 (h) Temporary certificates.--The commission or its designee
17 may issue a 60-day temporary certificate of boating safety
18 education to a person who has successfully completed a course
19 approved by the commission.
20 (i) Other valid documentation.--
21 (1) In lieu of a certificate of boating safety education
22 issued by the Commonwealth, a certificate of boating safety
23 education issued in another state in accordance with criteria
24 of the National Association of State Boating Law
25 Administrators is sufficient to comply with the requirements
26 of this section.
27 (2) In lieu of a certificate of boating safety education
28 issued by the commission, a license issued by the United
29 States Coast Guard is sufficient to comply with the
30 requirements of this section.
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1 (j) Others subject to mandatory requirements.--
2 (1) If a person is convicted of two boating violations
3 concerning the operation of or safety equipment on a vessel
4 within a two-year period of time, the person is required, as
5 a condition of probation or sentencing, to successfully
6 complete a boating safety education course that is offered or
7 approved by the commission.
8 (2) Notwithstanding paragraph (1), if a person is
9 convicted of any of the following boating safety violations
10 in the operation of a vessel, the person is required, as a
11 condition of probation or sentencing, to successfully
12 complete a boating safety education course that is offered or
13 approved by the commission:
14 (i) negligent operation;
15 (ii) reckless operation; or
16 (iii) operating under the influence of alcohol, any
17 drug, combination of drugs or combination of drugs and
18 alcohol in violation of this title.
19 (3) The requirement to take and successfully complete
20 the boating safety education course under paragraphs (1) and
21 (2) shall be in addition to any other punishment that may be
22 imposed for violation of the boating laws or regulations of
23 this Commonwealth.
24 (k) Penalty.--On or after July 1, 1999, a person who is
25 subject to the provisions of subsection (a) and who operates on
26 waters of this Commonwealth a motorboat in violation of any
27 requirement of this section commits a summary offense of the
28 second degree.
29 (l) Enforcement.--A commission waterways conservation
30 officer or other law enforcement officer may enforce the
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1 provisions of this section only as a secondary action when the
2 officer detains an operator of a vessel for a suspected
3 violation of another provision of this title or regulations
4 adopted in accordance with another provision of this title. A
5 person may be cited, but not apprehended solely, for a violation
6 of this section.
7 Section 2. This act shall take effect January 1, 1998.
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