reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.61 - Venango County

Current through Register Vol. 54, No. 28, July 13, 2024
Two Mile Run County Park
.
(1) The operation of boats powered by
				  internal combustion motors is prohibited.
(2) Sailboats greater than 14 feet in length
				  and multihull sailboats are prohibited.
(3) Inflatable boats shall be greater than 7
				  feet in length, made of tough, reinforced fabric and have at least two separate
				  buoyancy chambers exclusive of any inflatable floor or bottom.
The provisions of this § 111.61 amended under
						30 Pa.C.S. §
													5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.62 - Warren County

Current through Register Vol. 54, No. 28, July 13, 2024
Allegheny River Reservoir (Kinzua
					 Dam).
(1) Boats are limited
				  to slow, no wake speed in the following areas:
(i) In the vicinity of camping areas and boat
				  launch areas.
(ii) Dew Drop
				  Bay.
(iii) Wolf Run Bay.
(iv) Hodge Bay, North and South
				  Branch.
(v) Cornplanter
				  Bay.
(vi) Billies Bay.
(vii) Willow Bay beginning at the boat launch
				  ramp.
(viii) Other coves, bays,
				  inlets, arms and areas marked with slow, no-wake buoys.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.63 - Washington County

Current through Register Vol. 54, No. 28, July 13, 2024
Cross Creek Lake
. The use of motors in
					 excess of 10 horsepower is prohibited.
The provisions of this § 111.63 amended under
						30 Pa.C.S. §
													5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.64 - Wayne County

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duck Harbor Pond
.
(1) The
				  operation of boats powered by internal combustion motors is
				  permitted.
(2) A boat may not tow
				  more than one boat-towed device on weekends and holidays from the Saturday
				  preceding Memorial Day through Labor Day.
(3) The speed of boats is limited to slow, no
				  wake speed between 6 p.m. and 10 a.m.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.65 - Westmoreland County

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conemaugh River Lake.
(1)
				  Persons shall wear a Coast Guard approved personal flotation device at all
				  times when on board boats less than 16 feet in length or any canoe, kayak or
				  paddleboard.
(2) The operation of
				  boats powered by internal combustion motors is prohibited.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.66 - Wyoming County

Current through Register Vol. 54, No. 28, July 13, 2024
Lake Winola
.
(1) The operation of boats powered by
				  internal combustion motors is permitted.
(2) A boat may not tow more than one
				  boat-towed device on weekends and holidays from the Saturday preceding Memorial
				  Day through Labor Day.
(3) The
				  speed of boats is limited to slow, no wake speed from sunset to sunrise, 7 days
				  a week, year-round, and from sunrise to 11 a.m. on Sundays from the day before
				  Memorial Day until Labor Day.
(4)
				  The speed of boats is limited to 35 mph from sunrise to sunset on weekends and
				  holidays.
The provisions of this § 111.66 amended under
						30 Pa.C.S. §
													5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.67 - York County

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Lake Marburg-Codorus State Park
. The operation of boats
				  powered by internal combustion motors is permitted. The use of motors in excess
				  of 20 horsepower is prohibited.
(b)
Lake Redman.
(1) The
				  operation of internal combustion motors is prohibited, but boats propelled by
				  electric motors and nonmechanically propelled boats may be used either with or
				  without internal combustion motors attached. Internal combustion motors may be
				  used in the performance of official duties by persons so authorized.
(2) The towing of a device other than devices
				  used in trolling for fish is prohibited.
(3) The following types of watercraft are
				  prohibited:
(i) Inflatable boats except those
				  which are at least 7 feet in length, made of durable, reinforced fabric and
				  have at least two separate buoyancy chambers exclusive of any inflatable floor
				  or bottom.
(ii) Novelty type
				  craft.
(iii) Watercraft not
				  constructed or sold for the primary purpose of being used as a means of
				  transportation on the water.
(iv)
				  Surfboards, except for rescue purposes.
(v) Pontoon boats.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.71 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Sections of this chapter establishing horsepower or motor
					 restrictions are qualified by conditions established in §§
										107.1 and
					 107.2 (relating to horsepower
					 restrictions; and electric motors).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 111 - SPECIAL REGULATIONS COUNTIES › Section 111.72 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Holidays
-Federally-recognized
					 holidays.
Weekdays
-Monday through Friday.
Weekends
-Saturday and
					 Sunday.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Coast Guard
				  administers the United States Aids to Navigation System ( 33 CFR Part 62
				  (relating to United States Aids to Navigation System)). The System consists of
				  Federal aids to navigation operated by the Coast Guard, aids to navigation
				  operated by other armed services and private aids to navigation operated by
				  other persons. This System is adopted by the Commission for use in this
				  Commonwealth and is administered on waters not marked by the Coast
				  Guard.
(b) An aid to navigation is
				  a device external to a vessel intended to assist a boater in determining
				  position or safe course, or warn of dangers or obstructions to
				  navigation.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.2 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Aids, other
				  than those placed by the United States government, may not be placed on or
				  along waters of this Commonwealth unless authorized by the Commission under
				  §
										113.4 (relating to
				  permits).
(b) A person may not moor
				  or fasten watercraft to an authorized and lawfully placed State or Federal
				  buoy, beacon or bridge. This section does not prohibit mooring of boats to
				  authorized mooring buoys.
(c) It is
				  unlawful for an unauthorized person to move, remove, tamper or injure a State
				  or Federal aid or marker.
(d) A
				  person may not place an aid to navigation that is incompatible with the United
				  States Aids to Navigation System.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.3 - Operation of boats

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission or the Executive Director acting under
					 §
										103.3(c)
					 (relating to restriction for special areas), may establish or authorize
					 establishment of control zones. Established control zones will be indicated by
					 regulatory markers at the beginning, at the end and at appropriate intermediate
					 points. It is unlawful for operators to operate a boat contrary to the
					 restrictions of the controlled area.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.4 - Permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons,
				  including clubs, individuals, State agencies, municipalities and other groups,
				  wishing to establish an aid shall apply for permission from the Commission on
				  Form PFBC-277 at least 30 days prior to the intended date of installation.
				  Application forms are available from and should be submitted to:
Aids to Navigation Bureau of Boating Pennsylvania Fish and
					 Boat Commission Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000
(b) The authorization of
				  the placement of a private aid to navigation does not grant exclusive
				  privileges nor does it eliminate the necessity to comply with other Federal or
				  state permitting requirements.
The provisions of this §
												113.4 amended under section 506 of
						The Administrative Code of 1929 (71 P.S. §
													186); and section 204 of the Commonwealth
						Documents Law (45 P.S. §
													1204).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.5 - Responsibilities of permittees

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee is solely responsible for placement and
					 maintenance of private aids to navigation placed in waters of this Commonwealth
					 under this chapter. Private aids to navigation are the property of the
					 permittee only and are not the property of the Commission or the Commonwealth.
					 The permittee alone is responsible for claims related to the placement or
					 maintenance of private aids to navigation. The permit will contain appropriate
					 terms and conditions setting forth the responsibility of the
					 permittee.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.6 - Maintaining aids to navigation

Current through Register Vol. 54, No. 28, July 13, 2024
Permittees shall maintain private aids to navigation
					 throughout the period specified in the permit in accordance with permit
					 requirements. If, during the period specified in the permit, the private aid is
					 not in place, the permittee shall notify the Commission in writing within 5
					 days, stating the status of the aid.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.7 - Transfer of permit

Current through Register Vol. 54, No. 28, July 13, 2024
Aids to navigation permits are not transferrable. The
					 party, or the successor in interest to the party, relinquishing responsibility
					 for maintenance of the private aid to navigation shall advise the Commission in
					 writing. The party accepting responsibility shall submit a new
					 application.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.8 - Accidents involving aids or markers

Current through Register Vol. 54, No. 28, July 13, 2024
Accidents involving an aid or marker shall be reported to
					 the Commission as soon as possible, but not more than 5 days after the
					 accident.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.9 - Marking of wrecks and sunken vessels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a sunken or submerged object creates
				  a hazard to navigation, the owner of the boat, barge, raft or other craft, or
				  of a motor vehicle or other obstruction which has sunk in waters of this
				  Commonwealth is required to notify the Commission within 24 hours and to mark
				  the hazard with a buoy or daymark during the day and with a light at night as
				  the Commission directs.
(b) Buoys
				  established by the Commission to mark wrecks may be lighted and placed on the
				  channel side of the wreck and as near to the wreck as conditions will
				  permit.
(c) Required markings shall
				  be established and maintained until the wreck is removed or otherwise directed
				  by the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.10 - Permits for installation and lighting of floats, ski ramps and other floating structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  person may not place a float, ski ramp or other floating structure on or along
				  the waters of this Commonwealth unless authorized by the Commission, or an
				  authorized representative of the Federal government.
(b) Application shall be made on forms
				  provided by the Commission at least 30 days prior to the intended date of
				  installation of the structure.
(c)
				  A ski ramp, floating dock, swim dock or other floating structure shall be
				  lighted between sunset and sunrise and at other times when restricted
				  visibility warrants it. Each structure shall show at least one all around white
				  light visible for a distance of at least 1 mile with a characteristic of
				  flashing or oscillating. "Visible" means visible on a dark night with clear
				  atmosphere.
(d) The permittee shall
				  maintain the floating structure in accordance with permit requirements. The
				  permittee shall notify the Commission in writing within 5 days if the floating
				  structure is not in place or lighted during the period when the permit
				  specifies that it shall be in place or lighted.
(e) A structure permitted under this section
				  shall display the permit number in characters at least 3 inches in height in a
				  position where it may be observed easily by an officer empowered to enforce
				  this section.
This section cited in 58 Pa. Code §
												109.4 (relating to water skiing,
						aquaplaning, kite skiing and similar
						activities).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.11 - Unpermitted buoys and floating structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful to place or maintain buoys
				  and floating structures on the waters of this Commonwealth without proper
				  permits. The owner of a buoy or structure is responsible for obtaining the
				  necessary permits prior to placing or maintaining the buoy or structure on
				  Commonwealth waters.
(b)
				  Unpermitted buoys and structures shall be removed by the owner upon order of
				  the Commission. If they are not removed, the Commission will remove or order
				  their removal. The owner will be held responsible for the costs of the removal,
				  in addition to payment of fines resulting from violation of this
				  section.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 113 - AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION › Section 113.12 - Reliance on location of aids and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The location of buoys and other aids vary
				  in their reliability because:
(1) Buoy
				  locations are always approximated.
(2) Buoy moorings vary in length allowing a
				  degree of movement depending upon the wind, currents and water
				  levels.
(3) Buoys may be dragged
				  off-station, sunk, destroyed or vandalized.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes regulations for boats carrying
					 passengers for hire. The regulations in this chapter are promulgated under
					 section 5123(a)(1) of the code (relating to general boating regulations) and
					 deemed necessary for the health and safety of passengers, operators and persons
					 on, in or towed by boats on, in or along the waters of this Commonwealth. The
					 definition "passenger-carrying boat" as set forth in section 102 of the code
					 (relating to definitions) applies to this chapter and to the term "boats
					 carrying passengers for hire."
The provisions of this §
												115.1 amended under section
						5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. §
													5123(a)(1)).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.2 - Initial certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  owner of a boat carrying passengers for hire shall apply for certification of
				  the boat on a form provided by the Commission and shall provide the information
				  requested on the form.
(b) An
				  applicant shall submit the following documentation in addition to the
				  application form:
(1)
Form
				  PFBC-291c.
A Form PFBC-291c, Vessel Characteristic Report, has two
				  parts. Part A is to be completed and signed by the owner. Part B is to be
				  completed by a qualified accredited marine surveyor who conducted the
				  inspection within 6 months preceding the date of the application. The
				  inspection report shall include a statement by the marine surveyor as to
				  whether or not the boat is suitable for the use intended, or if not suitable,
				  the requirements necessary to bring about compliance. The report shall also
				  include the opinion of the marine surveyor as to the total number of persons
				  who may be carried on the boat. The opinion of the marine surveyor shall be
				  based on a United States Coast Guard-approved stability test suitable for the
				  type and size of boat.
(2)
Proof of financial responsibility.
An applicant shall furnish
				  the Commission proof of financial responsibility. The proof shall evidence the
				  applicant's ability to respond in damages on account of accidents arising out
				  of the maintenance or use of the passenger carrying boat. The minimum amount of
				  coverage shall be $500,000 because of injury or death to one person in an
				  accident and $1,000,000 because of injury or death to two or more persons in an
				  accident and $25,000 because of damage to property of others in an accident.
				  Proof of financial responsibility shall be in a form acceptable to the
				  Commission and shall provide for notice to the Commission in the event of
				  cancellation of liability insurance.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.3 - Recertification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A boat carrying
				  passengers for hire shall have reinspections and recertifications as follows:
(1) A dry dock examination shall be conducted
				  by a qualified accredited marine surveyor at least once every 5
				  years.
(2) A stability test shall
				  be conducted whenever a boat has been involved in an accident or has been
				  structurally modified. The stability test shall be United States Coast
				  Guard-approved, suitable for the type and size of boat and utilize the current
				  Assumed Average Weight per Person standard adopted by the United States Coast
				  Guard.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.4 - Annual safety inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Annual
				  safety inspections are required every year after the year of initial
				  certification. When the vessel is ready for inspection, the owner shall apply
				  for an annual safety inspection by electronic mail or telephone to the regional
				  law enforcement office for the region in which the boat is to operate. The
				  application shall be submitted at least 30 days prior to the requested date of
				  inspection. This annual inspection shall be conducted prior to the first
				  commercial use of the boat or within 30 days of the date of issue on the
				  certificate of inspection if the boat operates year round.
(b) On the agreed date of inspection, the
				  owner or representative shall be available to conduct the inspection jointly
				  with the inspector designated by the Commission.
(c) Results of the inspection shall be
				  recorded on Form PFC-291b "Vessel Inspection Checkoff List." Upon completion of
				  the inspection, deficiencies shall be noted on the reverse of the form. Upon
				  correction of the deficiencies, the owner or a representative and the inspector
				  designated by the Commission shall sign the respective
				  certifications.
(d) The owner or a
				  representative shall present on the day of inspection a current certificate of
				  insurance with minimum coverage as described in §
										115.2(b)(2)
				  (relating to initial certification) to the inspector designated by the
				  Commission.
The provisions of this §
												115.4 amended under sections 5122
						and 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. §
													5122 and
						5123(a)(1)).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.5 - Certification of inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Display of certificate.
The certificate of inspection shall be
				  framed under transparent material and prominently displayed in a public space
				  aboard the boat or, if it is not feasible to display the certificate on the
				  boat, it shall be displayed at a prominent place dockside where it can be seen
				  by passengers boarding the boat. It is unlawful for the owner of a boat
				  inspected under this section to fail to display the certificate of inspection
				  as provided in this section.
(b)
Contents of certificate
. Form PFBC-291a shall be used as the
				  certificate of inspection. The certificate of inspection shall include the
				  following information:
(1) The name of the
				  vessel, if applicable.
(2) The
				  registration number of the vessel.
(3) The hull identification number of the
				  vessel.
(4) The name, address and
				  zip code of the owners.
(5) The
				  date qualified for initial inspection.
(6) Hull material, such as wood, steel,
				  aluminum, plastic, fiberglass or other.
(7) The type of propulsion, such as outboard,
				  inboard, inboard/outboard or other and the horsepower rating.
(8) The type of fuel, such as gas, diesel or
				  other.
(9) The length and
				  beam.
(10) The total number of
				  passengers allowed.
(11) Operating
				  personnel requirements, such as one or more operators, one or more linehandlers
				  or assistants, or both.
(12) The
				  total number of Coast Guard approved flotation devices required by type and
				  size.
(13) Fire extinguisher
				  indicating number, type and size, such as two each Type BI Carbon
				  Dioxide.
(14) The body of water
				  upon which the boat is to be employed and route if it is restricted.
(15) The seasons of run-starting and closing
				  date.
(16) The hours of
				  operation-starting time and final docking time.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.6 - Exception

Current through Register Vol. 54, No. 28, July 13, 2024
A boat operating under a certificate of inspection from the
					 United States Coast Guard does not require inspection or certification under
					 this chapter. The operators of the boats are subject to the licensing
					 requirements of the United States Coast Guard certificate of inspection and
					 United States Coast Guard regulations and are not subject to the licensing
					 requirements of §
										115.9 (relating to licenses for
					 operators).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.7 - Accredited marine surveyors

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of this chapter, an accredited marine surveyor
					 is a surveyor who has been accredited by one of the National marine surveyors
					 associations.
The provisions of this §
												115.7 amended under section
						5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. §
													5123(a)(1)).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.8 - Personnel requirements of passenger carrying boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful for a person to operate a
				  boat carrying passengers for hire unless the person first obtains an operator's
				  license for passenger carrying boats under §
										115.9 (relating to licenses for
				  operators).
(b) It is unlawful to
				  operate a boat carrying passengers for hire without an additional qualified
				  crew member if one of the following conditions exist:
(1) The length of the boat exceeds 45
				  feet.
(2) The boat is certified to
				  carry more than 49 passengers.
(3)
				  The operator cannot handle the mooring lines or associated equipment without
				  assistance.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.10 - Renewal of operator's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Operators may apply for a renewal of their license 60 days prior to its
				  expiration. Applications shall be made on the form provided by the Commission
				  and accompanied by the appropriate fees.
(b) Applicants for renewal of licenses shall
				  undergo a new physical examination and submit a new physician's certification
				  as described in §
										115.9(b)
				  (relating to licenses for operators).
(c) If there are no changes to the
				  limitations imposed by the original license, a practical examination is not
				  required. An oral examination may be required if there have been significant
				  changes to regulations concerning safe operation of boats, carriage
				  requirements for safety equipment or carrying passengers for hire.
(d) A licensed operator who does not renew a
				  license as required by subsection (a) shall reapply in accordance with §
										115.9.
The provisions of this §
												115.10 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													5122(a)(6),
						5123(a)(1) and
						5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.11 - Personal flotation devices

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to operate a boat carrying passengers for
					 hire unless it carries sufficient, serviceable United States Coast Guard
					 approved wearable personal flotation devices in accordance with §
										97.1 (relating to personal
					 flotation devices) to provide one for the maximum number of passengers and crew
					 members indicated on the certificate. It is unlawful to operate a boat carrying
					 passengers for hire unless it carries an additional number of personal
					 flotation devices suitable for children equal to at least 10% of the maximum
					 capacity of the boat. If more than 10% of the passengers are children,
					 additional personal flotation devices sized for children are
					 required.
The provisions of this §
												115.11 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													5123 and
						5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.12 - Applicability of other regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The boats governed by this chapter shall comply with this
					 subpart with regard to registration, equipment, accident reporting and
					 operation. Also see Chapters 93, 95, 97, 101, 103, 105 and 107.
The provisions of this §
												115.7 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123(a)(1).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.13 - Authority for Executive Director to issue temporary waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director may waive or modify the operating
					 requirements of this chapter which affect the conduct of a business enterprise
					 in which small boats restricted to an area controlled by the management are
					 used. The owner of the business or an agent shall request the waiver or
					 modification in writing and furnish convincing justification that the public
					 safety is not lessened by the action. The action by the Executive Director
					 shall be construed as temporary pending action by the Commission at its next
					 regularly scheduled meeting.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.14 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for a person to operate a passenger-carrying
					 boat or for the owner of a passenger-carrying boat to permit its operation
					 except in compliance with the inspection, certification and licensing
					 requirements of this chapter.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 117 - BOAT RENTAL BUSINESSES › Section 117.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Boat livery
-A commercial enterprise
					 (person, partnership, corporation or other legal entity) that rents or leases
					 rental boats to other persons for use on the waters of this
					 Commonwealth.
Boat rental business
-A boat
					 livery.
Boat rental transaction
-The exchange of
					 consideration in the form of money, goods or services for the use of a rental
					 boat for a period of time.
Livery operator
-The owner or lessee of a
					 boat livery and employes and other persons authorized to act on behalf of the
					 boat livery.
Rental boat
-A vessel propelled by oars,
					 paddles, sail or power, rented or leased in this Commonwealth.
(i) The term includes canoes, kayaks,
				  inflatable boats, rowboats, sailboats, personal watercraft and other
				  motorboats.
(ii) The term does not
				  include inner tubes or similar devices not considered to be boats under this
				  title.
The provisions of this §
												117.1 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5122.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 117 - BOAT RENTAL BUSINESSES › Section 117.2 - Inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A livery
				  operator shall inspect its rental boats on a regular basis and shall maintain
				  its rental boats in good repair. It is unlawful for a livery operator to rent
				  or use a rental boat that is not in good repair and serviceable
				  condition.
(b) A livery operator
				  shall permit inspection of equipment, facilities and documentation required by
				  this chapter by a waterways conservation officer or other officer authorized to
				  enforce the code.
(c) A livery
				  operator shall correct deficiencies noted by a waterways conservation officer
				  or other officer authorized to enforce the code within 2 weeks of notification.
				  If the deficiency involves equipment, the livery may not use the equipment
				  until the deficiency is corrected.
The provisions of this §
												117.2 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5122.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 117 - BOAT RENTAL BUSINESSES › Section 117.3 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
				  for a livery operator to permit a rental boat to depart from the boat rental
				  business without the equipment required by this title for the type of boat
				  being rented.
(b) A livery operator
				  shall offer to all persons renting boats an orientation/introduction to boating
				  safety and conditions, including a review of the laws and regulations
				  applicable to the type of boat being rented and the waters on which the boat
				  will be used. The Executive Director will provide guidance in the preparation
				  of this orientation. Persons who produce a Boating Safety Education Certificate
				  issued or approved by the Commission under §
										91.6 (relating to certificates)
				  are exempt from review.
(c) Boat
				  rental transactions shall be made using a written agreement, specifying the
				  name and address of the lessee, the number of persons in the lessee's party and
				  date of departure.
(d) Livery boats
				  shall be clearly marked on both sides for easy identification of the business.
				  Each boat shall be marked with letters, numbers or decals at least 3 inches
				  tall.
(e) A livery operator shall
				  only rent boats that meet or exceed minimum United States Coast Guard
				  requirements for boats of that type. Rental boats shall be of a design and
				  material suitable for their intended use.
(f) A livery operator shall submit a boating
				  accident report for all reportable accidents involving one or more of the
				  rental boats in accordance with Chapter 101 (relating to boating accidents).
				  This requirement is in addition to the requirement that the operator of the
				  boat file a boating accident report.
(g) It is unlawful for a livery operator to
				  rent or use a boat in excess of its capacity as set forth by the manufacturer
				  for the total number of passengers, total weight or maximum
				  horsepower.
The provisions of this §
												117.3 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5122.
This section cited in 58 Pa. Code §
												93.4 (relating to certificate of
						registration); and 58 Pa. Code §
												117.4 (relating to motorboat
						liveries).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 117 - BOAT RENTAL BUSINESSES › Section 117.4 - Motorboat liveries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition
				  to the requirements of §
										117.3 (relating to
				  responsibilities), a livery operator that rents boats equipped with motors
				  greater than 25 horsepower and personal watercraft shall verify that operators
				  of these boats either possess a permanent Boating Safety Education Certificate
				  or have obtained a temporary Boating Safety Education Certificate from the
				  livery. The Executive Director may authorize boat liveries to issue temporary
				  Boating Safety Education Certificates, effective for the period of rental only,
				  to operators of these boats if the boat livery and the operator comply with the
				  requirements governing the rental of boats and the operation of boat liveries
				  as defined in this chapter. The Executive Director will establish rules and
				  guidelines for the issuance of temporary certificates.
(b) A personal watercraft livery shall take
				  measures to oversee the operation of rented personal watercraft by persons who
				  possess only a temporary Boating Safety Education Certificate. These measures
				  shall include one of the following:
(1) The
				  designation of a specified, marked area of operation for rented personal
				  watercraft.
(2) The provision of
				  qualified observers employed by the livery to directly observe the operation of
				  rented personal watercraft. No more than seven personal watercraft may be under
				  the observation of a single observer at any one time. Qualified observers shall
				  be at least 16 years of age, have at least 10 hours of experience operating
				  personal watercraft and have successfully completed the requirements for a
				  permanent Boating Safety Education Certificate. The permanent Boating Safety
				  Education Certificate shall be in the observer's possession when performing
				  duties under this paragraph.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Efficient
-A muffler shall be considered
					 efficient if it complies with the following conditions:
(i) The muffler has the effect of
				  substantially reducing the noise from the motor over that which would be
				  created if the muffler were removed, bypassed or otherwise rendered
				  inoperable.
(ii) In comparison to
				  motors of similar characteristics, under similar operating conditions, the
				  noise created by the motor with the muffler in question is not substantially
				  greater.
(iii) The muffler prevents
				  excessive or unusual noise as defined in §
										119.5 (relating to stationary
				  test).
Muffler
-A sound suppression device or
					 system designed and installed to abate the sound of exhaust gases emitted from
					 an internal combustion motor and which prevents excessive or unusual
					 noise.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.2 - Mufflers

Current through Register Vol. 54, No. 28, July 13, 2024
Every motorboat operated upon the waters of this
					 Commonwealth shall be equipped with a muffler or a muffler system in good
					 working order and in constant operation and effectively installed to prevent
					 excessive or unusual noise.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.3 - Prohibited acts-5123(a)3 and 5

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A person may not operate and an owner may not give permission for the operation
				  of a motorboat upon the waters of this Commonwealth that is equipped with an
				  altered muffler or a muffler cutout, bypass or other device designed or so
				  installed so that it can be used continually or intermittently to bypass or
				  otherwise reduce or eliminate the effectiveness of a muffler or muffler system
				  installed under this chapter.
(b) A
				  person may not operate and an owner may not give permission to operate a boat
				  that in the observation of two persons, one of whom shall be a waterways
				  conservation officer, deputy waterways conservation officer or other law
				  enforcement officer authorized to enforce the code, the sound or noise is so
				  abnormally loud as to constitute a substantial and extraordinary annoyance or
				  distraction to persons in the vicinity of the watercraft.
(c) A person may not remove, alter or
				  otherwise modify a muffler or muffler system in a manner which will prevent it
				  from being operated in accordance with this chapter.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.4 - Prohibition against sale of a vessel not equipped with a muffler in good working order

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not manufacture, sell or offer for sale a
					 motorboat which is not equipped with a muffler or muffler system in good and
					 constant working condition or which does not otherwise comply with this
					 chapter. This chapter does not apply to power vessels designed, manufactured
					 and sold for the sole purpose of competing in racing events and for no other
					 purpose. An exemption or exception shall be so documented in every sales
					 agreement and shall be formally acknowledged by signature on the part of both
					 the buyer and seller. Copies of the agreement shall be kept by both parties. A
					 copy shall also be kept onboard or be available when the boat is being
					 operated. A motorboat sold under this exemption may only be operated on the
					 waters of this Commonwealth in accordance with §
										119.7 (relating to race
					 boats).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.5 - Stationary test

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
				  not operate or give permission for the operation of a motorboat upon the waters
				  of this Commonwealth that exceeds the following noise levels measured in
				  accordance with SAE J2005:
(1) A noise level
				  of 90 dB(a) when subjected to a stationary sound level test for engines
				  manufactured before January 1, 1993.
(2) A noise level of 88 dB(a) when subjected
				  to a stationary sound level test for engines manufactured on or after January
				  1, 1993.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.6 - Pass-by test-5123(a)3

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not operate a motorboat on the waters of this
					 Commonwealth that exceeds a noise level of 82dB(a) measured as specified in SAE
					 J1970. The measurement may not preclude a stationary sound level test as
					 prescribed in §
										119.5 (relating to stationary
					 test) if an officer has reason to believe that the motorboat is being operated
					 in excess of the noise levels established in § 119.5.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.7 - Race boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter does not apply to motorboats registered and actually participating in a
				  racing event or tune-up periods for racing events authorized in accordance with
				  §
										109.6 (relating to special marine
				  events), or to a motorboat being operated by a boat or engine manufacturer for
				  the purpose of testing or development.
(b) The operator of a motorboat operated upon
				  the waters of this Commonwealth for the purpose of tune-up for a sanctioned
				  race, or testing and development by a boat or engine manufacturer, shall at all
				  times have in possession and produce on demand of a law enforcement officer a
				  test permit issued by the Commonwealth.
(c) The test permit application shall contain
				  the following information:
(1) The name and
				  address of the driver.
(2) The type
				  and description of the boat.
(3)
				  The area of the test.
(4) The name
				  and address of the boat owner.
(5)
				  The date and location of the next race in which the operator will
				  compete.
(6) Other information
				  needed to fully assess the application.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 119 - MOTORBOAT NOISE CONTROL › Section 119.8 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a.) An officer
				  authorized to enforce this chapter who has reason to believe that a motorboat
				  is being operated in excess of the noise levels established in this chapter may
				  direct the operator of the motorboat to submit the motorboat to an onsite test
				  to measure noise levels. If the motorboat exceeds the decibel levels
				  established by this chapter, the officer may direct the operator to take
				  immediate and reasonable measures to correct the violation, including returning
				  the motorboat to a mooring and keeping the motorboat at the mooring until the
				  violation is corrected or ceases.
(b.) Any law enforcement officer who conducts
				  motorboat noise level tests as provided in this chapter shall be qualified in
				  motorboat noise testing by the Commission. These qualifications shall include
				  but are not limited to the selection of the measurement site, and the
				  calibration and use of noise testing equipment.
(c.) Measurements for either a Stationary or
				  Pass-by Test will be made by a sound level meter which satisfies ANSI-S
				  1.4-1983, Type 2 or equivalent.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This part
				implements the act.
(b) This part
				and the act are interrelated, and they shall be construed with reference to
				each other.
(c) Game and wildlife
				may be hunted, trapped, taken, possessed, transported, shipped, exported or
				imported in accordance with the act and this part.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.3 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to Wildlife Conservation Officers or Deputy
				  Wildlife Conservation Officers, the Director designates and empowers the
				  following persons to enforce the act and this part while acting within the
				  scope of their employment and jurisdiction.
(1) Pennsylvania State Police.
(2) Pennsylvania Waterways Conservation
				Officers.
(3) Pennsylvania Deputy
				Waterways Conservation Officers.
(4) Pennsylvania Department of Conservation
				and Natural Resources personnel with enforcement powers.
(5) Commonwealth, municipality or Federal
				agency employes with written approval of the Director.
The provisions of this § 131.3 amended under
					 34 Pa.C.S. §
												2102(a).