reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.5 - Ventilation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motorboats,
				  except open boats, which have been constructed since April 25, 1940, and which
				  use fuel having a flash point of 110° F or less, shall have at least two
				  ventilator ducts, fitted with cowls or their equivalent, for the efficient
				  removal of explosive or flammable gases from the bilges of every engine and
				  fuel tank compartment. There shall be at least one exhaust duct installed
				  extending from the lower portion of the bilge to the open atmosphere and at
				  least one intake duct installed extending to a point at least midway to the
				  bilge or at least below the level of the carburetor air intake. The cowls shall
				  be located and trimmed for maximum effectiveness to prevent displaced fumes
				  from recirculating.
(b) As used in
				  this section, "open boats" means motorboats with engine and fuel tank
				  compartments, and other spaces to which explosive or flammable gases and vapors
				  from those compartments may flow, open to the atmosphere and arranged to
				  prevent the entrapment of the gases and vapors within the boat. A compartment
				  is to be considered open only if fumes cannot be entrapped. The following
				  conditions shall be met to consider a boat open:
(1) The engine and fuel tank compartments
				  shall have as a minimum 15 square inches of open area directly exposed to the
				  atmosphere for each cubic foot of net compartment volume.
(2) Compartments shall have at least 1 square
				  inch of open area per cubic foot, within 1 inch of the compartment bilge level
				  or floor, so that vapors will drain into open areas.
(3) There may be no long or narrow
				  unventilated spaces accessible from the compartments in which a flame front
				  could propagate.
(4) Long, narrow
				  compartments, such as side panels, if joining engine or fuel compartments and
				  not serving as ducts thereto, shall have at least 15 square inches of open area
				  per cubic foot provided by frequent openings along the full length of the
				  compartment formed.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.6 - Backfire flame control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Gasoline
				  engines, except outboard motors, shall be equipped with an acceptable means of
				  backfire flame control. Installations consisting of a backfire flame arrestor
				  bearing basic United States Coast Guard Approval Numbers 162.016 or 162.041 or
				  engine air and fuel induction systems bearing basic United States Coast Guard
				  Approval Numbers 162.15 or 162.42 may be continued in use as long as they are
				  serviceable and in good condition. New installations or replacements shall meet
				  the requirements of this section.
(b) The following are acceptable means of
				  backfire flame control for gasoline engines:
(1) A backfire flame arrestor complying with
				  SAE J-1928 or UL 1111 and marked accordingly. The flame arrestor shall be
				  suitably secured to the air intake with a flame tight connection.
(2) An engine air and fuel induction system
				  which provides adequate protection from propagation of backfire flame to the
				  atmosphere equivalent to that provided by an acceptable backfire flame
				  arrestor. A gasoline engine utilizing an air and fuel induction system, and
				  operated without an approved backfire flame arrestor, shall either include a
				  reed valve assembly or be installed in accordance with SAE J-1928.
(3) An arrangement of the carburetor or
				  engine air induction system that will disburse flames caused by engine
				  backfire. The flames shall be disbursed to the atmosphere outside the vessel so
				  that the flames will not endanger the vessel, persons onboard or nearby vessels
				  and structures. Flame dispersion may be achieved by attachments to the
				  carburetor or location of the engine induction system. Attachments shall be of
				  metallic construction with flame tight connections and firmly secured to
				  withstand vibration, shock and engine backfire. Installations do not require
				  formal approval and labelling but shall comply with this section.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.7 - Hull identification numbers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who builds a boat for his own
				  use shall identify the boat with two hull identification numbers that meet the
				  requirements of this section.
(b)
				  Persons who are required to identify boats under subsection (a) shall obtain
				  the required hull identification number from the Commission. Application shall
				  be made on forms provided by the Commission.
(c) Two identical hull identification numbers
				  are required to be displayed on each boat hull. The first hull identification
				  number shall be affixed as follows:
(1) On
				  boats with transoms, to the starboard side of the transom within 2 inches of
				  the top of the transom gunwale or hull/deck joint, whichever is
				  lowest.
(2) On boats without
				  transoms or on boats on which it would be impractical to use the transom, to
				  the starboard outboard side of the hull, aft, within 1 foot of the stern and
				  within 2 inches of the top of the hull side, gunwale or hull/deck joint,
				  whichever is lowest.
(3) On
				  catamarans and pontoon boats which have readily replaceable hulls, to the aft
				  crossbeam within 1 foot of the starboard hull attachment.
(4) If the hull identification number would
				  not be visible because of rails, fittings or other accessories, the number
				  shall be affixed as near as possible to the location specified in paragraph
				  (1).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.8 - Marine sanitation devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On waters
				  of this Commonwealth, boats which have toilet facilities (a head) permanently
				  installed shall be equipped with a United States Coast Guard certified Marine
				  Sanitation Device (MSD), designed to receive, retain, treat or discharge human
				  body wastes in accordance with applicable Federal requirements. This section
				  applies only to boats equipped with permanently installed toilet facilities and
				  does not require the installation of this type of facility in boats not already
				  so equipped.
(b) A no-discharge
				  type MSD, Type III or a Type I or II secured against discharge is required in
				  boats operated on no-discharge waters. No-discharge waters are fresh waters not
				  open to interstate passage of any type boats which might have marine toilets
				  installed. All sole Commonwealth waters, including Federal impoundments are
				  no-discharge waters. A boat equipped with a flow-through MSD, Type I or Type
				  II, which has been secured by a locked shut-off valve, broken line or
				  blanked-off hull opening to prevent overboard discharge shall be considered
				  equipped with a no-discharge type MSD.
(c) A flow-through type MSD, Type I or Type
				  II, as well as, equipment allowed on no-discharge waters may be used in boats
				  operated on treated discharge waters. These are waters open to interstate
				  navigation by the type boat here involved. These waters include the major
				  rivers, Allegheny Reservoir, Youghiogheny Reservoir and Lake Erie.
(d) The use of portable toilets that can be
				  emptied ashore in regular sewage treatment systems is entirely within the
				  spirit and letter of this subpart and is encouraged.
(e) If the MSD was manufactured after January
				  30, 1976, proof of its being certified by the United States Coast Guard will be
				  evidenced by its label.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.9 - Authority for waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director may waive or modify the equipment
					 requirements of this chapter when a person seeks permission to operate small
					 boats in a restricted area exclusively controlled by the person. The person or
					 his agent shall request the waiver or modification in writing and furnish
					 substantial justification to show that the public safety is not lessened by the
					 action. Action by the Executive Director will be construed as temporary,
					 pending review by the Boating Advisory Board and the action by the Commission
					 at its next regular scheduled meeting.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Section 97.2 - Fire extinguishers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				  motorboats shall carry at least the minimum number of Coast Guard approved hand
				  portable fire extinguishers required for their class as specified in Appendix
				  B, except that motorboats less than 26 feet in length, propelled by outboard
				  motors and not carrying passengers for hire, need not carry fire extinguishers
				  if the construction of the motorboats will not permit the entrapment of
				  explosive or flammable gases or vapors.
(1)
				  Fire extinguishers shall be carried on motorboats that meet one or more of the
				  following conditions. The motorboats have:
(i) Closed compartments under thwarts and
				  seats where portable fuel tanks may be stored.
(ii) Double bottoms not sealed to the hulls
				  or that are not completely filled with flotation material.
(iii) Closed living spaces.
(iv) Closed stowage compartments in which
				  combustible or flammable materials are stowed.
(v) Permanently installed fuel
				  tanks.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Section 97.3 - Sound producing devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Motorboats 12 meters or more in length
. A motorboat 12 meters
				  (39.4 feet) or more in length shall carry sound producing devices as prescribed
				  by 33 CFR Part 83 (relating to rules).
(b)
Motorboats less than 12
				  meters
. A motorboat less than 12 meters (39.4 feet) in length shall
				  carry some mechanical means of making a sound signal. This device may be hand,
				  mouth or power operated. An athletic coach's whistle is an acceptable sound
				  producing device for small motorboats.
(c)
Unpowered boats
.
				  Unpowered boat operators are required to carry a device capable of sounding a
				  prolonged blast for 4-6 seconds that can be heard by another boat operator in
				  time to avoid a collision. An athletic coach's whistle is an acceptable sound
				  producing device for unpowered boats. It is unlawful to use a sound producing
				  device on the water under any circumstance except in the following situations:
(1) Assistance is needed because of immediate
				  or potential danger to the persons onboard.
(2) It is necessary to attract the attention
				  of another boat.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Section 97.4 - Signals to attract attention

Current through Register Vol. 54, No. 28, July 13, 2024
If necessary to attract the attention of another vessel, a
					 vessel may make light or sound signals that cannot be mistaken for a signal
					 authorized elsewhere in this subpart, or may direct the beam of her searchlight
					 in the direction of the danger, that does not hinder the other vessel's
					 navigation.
This section cited in 58 Pa. Code §
												111.52 (relating to Pike
						County).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Section 97.5 - Visual distress signals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  section applies only to those boats operating on Lake Erie.
(b) A person may not use a boat 16 feet or
				  more in length or a boat carrying six or less passengers for hire unless visual
				  distress signals selected from the list in Appendix C or the alternatives in
				  the number required, are onboard. Devices suitable for day use and devices
				  suitable for night use, or devices suitable for both day and night use, shall
				  be carried.
(c) Between sunset and
				  sunrise, a person may not use a boat less than 16 feet in length unless visual
				  distress signals suitable for night use, selected from the list in Appendix C
				  or alternatives in the number required are onboard.
(d) When a visual distress signal carried to
				  meet the requirements of subsection (b) or (c) requires a launcher to activate,
				  a United States Coast Guard approved launcher shall also be carried.
(e) The persons listed in this subsection
				  need not comply with subsection (b) or (c). Each shall carry onboard the
				  required number of visual distress signals suitable for night use, selected
				  from the list in Appendix C.
(1) A person
				  competing in an organized marine parade, regatta, race or similar
				  event.
(2) A person using a
				  manually propelled boat.
(3) A
				  person using a sailboat of completely open construction, not equipped with
				  propulsion machinery, under 26 feet in length.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Appendix B - FIRE EXTINGUISHERS

Current through Register Vol. 54, No. 28, July 13, 2024
Length, Feet
Minimum number of hand
								portable fire extinguishersrequired* (Type B)
No fixed fire extinguishing system in
								machinery space
Fixed Fire extinguishing system in
								machinery space
Under 16
1
0
16, but less than 26
1
0
26, but less than 40
2
1
40 and over
3
2
*Note: Extinguishers required by the above table can either
					 be one B-I or 5-B portable fire extinguisher. One B-II or 20-B portable fire
					 extinguisher may be substituted for two B-I or 5-B portable fire
					 extinguishers.
______________________________________
The provisions of this Appendix B 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).
This appendix cited in 58 Pa. Code §
												97.2 (relating to fire
						extinguisher).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 97 - OPERATOR PROVIDED EQUIPMENT › Appendix C

Current through Register Vol. 54, No. 28, July 13, 2024
DEVICE DESCRIPTION
Accepted For Use
Number Required to
							 be Carried
Number marked on device:
160.022...
Floating Orange Smoke Distress
							 Signals...
Days only...
3
160.024...
Pistol-Projected Parachute Red
							 Flare Distress Signals...
Day and
							 night1...
3
160.036...
Hand-Held Rocket-Propelled
							 Parachute Red Flare Distress Signals...
Day and night...
3
160.037...
Hand-Held Orange Smoke Distress
							 Signals...
Day only...
3
160.057...
Floating Orange Smoke Distress
							 Signals...
Day only...
3
160.066...
Distress Signal for Boats, Red
							 Aerial Protechnic Flare...
Day and
							 night2...
3
160.072...
Distress Signal for Boats, Orange
							 Flag...
Day Only...
1
160.013...
Electric Distress Light for
							 Boats...
Night Only...
1
1. These signals require use in
					 combination with a suitable launching device approved under
					 46 CFR
					 160.028 (relating to signal pistols for red
					 distress signals).
2. These devices may be either
					 self-contained or pistol launched, and either meteor or parachute assisted
					 type. Some of these signals may require use in combination with a suitable
					 launching device approved under
					 46 CFR
					 160.028.
This appendix cited in 58 Pa. Code §
												97.5 (relating to visual distress
						signals).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 99a - CAPACITY PLATES › Section 99a.1 - Boats requiring capacity plates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  capacity plate must be permanently affixed to a monohull boat less than 20 feet
				  in length designed to carry two or more persons and propelled by machinery or
				  oars as its principal source of power if one of the following applies:
(1) The boat is manufactured, transferred,
				  sold or offered for sale in this Commonwealth.
(2) The boat is operated on waters in this
				  Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 99a - CAPACITY PLATES › Section 99a.2 - Information required

Current through Register Vol. 54, No. 28, July 13, 2024
The capacity plate must contain the following
					 information:
(1) For boats designed
				  for or represented by the manufacturer as being suitable for use with outboard
				  motors, all of the following:
(i) The total
				  weight of persons, motor, gear and other articles placed aboard which the boat
				  is capable of carrying safely under normal conditions.
(ii) The recommended number of persons
				  consistent with the weight capacity of the boat and the presumed weight in
				  pounds of those persons. The presumed weight per person may not be less than
				  150 pounds.
(iii) The maximum
				  horsepower of the motor that the boat is designed or intended to
				  accommodate.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 99a - CAPACITY PLATES › Section 99a.3 - Replacement plates

Current through Register Vol. 54, No. 28, July 13, 2024
If the manufacturer did not affix a plate, a plate is
					 damaged to the point of being not discernable or a plate is removed, the owner
					 of the boat shall make application to the manufacturer for a replacement.
This section cited in 58 Pa. Code §
												99.4 (relating to prohibited
						acts).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 99a - CAPACITY PLATES › Section 99a.4 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
				  not tamper with or remove a capacity plate or any of the information
				  shown.
(b) A person may not sell or
				  otherwise transfer ownership of a boat subject to this chapter that does not
				  comply with this chapter.
(c) A
				  person may not operate a boat displaying an illegible capacity plate. Owners of
				  these boats shall apply for a replacement plate as provided in §
										99a.3 (relating to replacement
				  plates).
(d) A person may not
				  operate a boat for which a capacity plate is required unless the boat displays
				  the capacity plate.
(e) A
				  manufacturer, dealer or other person may not offer a boat for sale for which a
				  capacity plate is required unless a capacity plate is properly
				  affixed.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.1 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to each boat used on waters subject to
					 the jurisdiction of this Commonwealth, either solely or jointly with the United
					 States, and on the high seas beyond the territorial seas for a boat registered
					 in this Commonwealth that is one of the following:
(1) Used by its operator for recreational
				  purposes.
(2) Required to be
				  registered under Chapter 93 (relating to boat registration and
				  numbering).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.2 - Reportable boating accidents

Current through Register Vol. 54, No. 28, July 13, 2024
Boating accidents shall be reported when one or more of the
					 following conditions exist:
(1) A
				  person dies.
(2) A person is
				  injured and requires medical treatment beyond first aid.
(3) Damage to vessels and other property
				  totals $2,000 or more or there is a complete loss of any vessel.
(4) A person disappears from the boat under
				  circumstances that indicate death or injury is likely.
The provisions of this §
												101.2 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123.
This section cited in 58 Pa. Code §
												101.4 (relating to written boating
						accident report).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.3 - Immediate notification of death or disappearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, as a result of an occurrence that
				  involves a boat or its equipment, a person dies or disappears from a boat, the
				  operator shall without delay, by the quickest means available, notify the
				  Commission of the following:
(1) The date,
				  time and exact location of the occurrence.
(2) The name of each person who died or
				  disappeared.
(3) The registration
				  or documentation number and name of boat, as applicable.
(4) The names and addresses of the owner and
				  operator.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.4 - Written boating accident report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  written report, PFC Form 260, is required for accidents as defined by §
										101.2 (relating to reportable
				  boating accidents).
(b) Written
				  reports shall be submitted by operators involved in the occurrence according to
				  the following:
(1) Within 48 hours if a
				  person does one of the following:
(i) Dies
				  within 24 hours of the occurrence.
(ii) Is injured and requires medical
				  treatment beyond first aid.
(iii)
				  Disappears from a vessel.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.5 - Confidentiality of boating accident report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance with section 5503 of the
				  code (relating to accident reports), the Boating Accident Report, PFC-260, and
				  accompanying data are confidential. The reports are for the information of the
				  Commission and are not releasable to the public. The reports are not admissible
				  as evidence in a legal action, except to prove compliance with the code. The
				  reports are not discoverable in a civil or criminal proceeding.
(b) An abstract which contains the date,
				  time, location, weather conditions, names and addresses of the operators,
				  passengers and witnesses and descriptions of the watercraft involved is
				  releasable upon written request. The Commission may charge a reproduction fee
				  of 50¢ per page.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.6 - Investigation reports by Commission officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may assign a waterways
				  conservation officer or other employe to complete an accident investigation
				  report when an accident involves loss of life, disappearance, medical treatment
				  given beyond first aid or in other circumstances in which the Executive
				  Director, or a designee, directs an investigation.
(b) Under section 324 of the code (relating
				  to Commission records), boating accident investigation reports are not
				  considered public records and they will not be released except for the
				  following:
(1) Pursuant to a valid
				  subpoena.
(2) When 234 Pa. Code
				  (relating to Rules of Criminal Procedure) requires production of the
				  documents.
(3) To other government
				  agencies for official purposes.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.7 - Accident prevention investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may conduct in-depth
				  investigations into the human, weather, equipment, operational and
				  environmental aspects of boating accidents for the purpose of reviewing the
				  potential causes of accidents and ways of preventing similar accidents. The
				  officer or other employe conducting an in-depth accident prevention
				  investigation shall have access to boating accident reports filed by operators
				  and owners, accident investigation reports and other Commission records related
				  to the accident.
(b) Information,
				  records and reports associated with in-depth accident prevention investigations
				  are for the internal use of the Commission in preventing accidents and will not
				  be be releasable since they contain privileged and nonpublic
				  information.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 101 - BOATING ACCIDENTS › Section 101.8 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												101.8 reserved under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every boater is
				  responsible for avoiding a boating accident. This subpart is to give
				  predictability to meeting, crossing and overtaking situations, but does not
				  replace accurate analysis of the situation and taking necessary action to avoid
				  collision, even if it means diverging from this subpart.
(b) Every boat operating on the inland waters
				  of this Commonwealth, which includes Lake Erie, shall comply with
				  33 CFR
				  83.02 (relating to responsibility (Rule
				  2)).
The provisions of this §
												103.1 amended under section 506 of
						The Administrative Code of 1929 (71 P.S. §
													186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.2 - 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:
Motorboat
-A boat being operated by motor,
					 including a sailboat with sails if the motor is running.
Sailboat
-A boat being propelled with only
					 sails; if a motor is attached it is not engaged.
Slow, no wake speed
-The slowest possible
					 speed of a motor boat required to maintain maneuverability so that the wake or
					 wash created by the motorboat on the surface of the water is minimal.
The provisions of this § 103.2 amended under
						30 Pa.C.S. §
													5123.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.3 - Restrictions for special areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Boats are
				  limited to slow, no wake speed when within 100 feet of the shore line; docks;
				  launching ramps; swimmers or downed skiers or other boat-towed watersports
				  participants; persons wading in the water; anchored, moored, or drifting boats;
				  floats, except for ski jumps and ski landing floats; or other areas so marked.
				  This subsection does not apply in a zoned ski area or authorized ski return
				  areas when those areas are found within the areas described in this
				  subsection.
(b) Boats are
				  prohibited within 100 feet of water siphons or intake towers, including
				  associated service bridges and supporting piers where so marked.
(c) The Executive Director is authorized to
				  take immediate action to post and mark waters, establish speed zones or
				  otherwise when he determines that a hazard exists that may threaten the safety
				  of persons or property, or both. The Executive Director will notify the Boating
				  Advisory Board and the Commission of the action. Zoned areas, speed limits or
				  other markings established under this authority shall be fully effective and
				  enforceable in accordance with law.
The provisions of this § 103.3 amended under
						30 Pa.C.S. §
													5123.
This section cited in 58 Pa. Code §
												109.4 (relating to water skiing,
						aquaplaning, kite skiing and similar activities); and 58 Pa. Code §
												113.3 (relating to operation of
						boats).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.4 - Lookout

Current through Register Vol. 54, No. 28, July 13, 2024
Every boat shall maintain a proper lookout by sight and
					 hearing as well as by all available means appropriate in the prevailing
					 circumstances and conditions to make full appraisal of the situation and of the
					 risk of collision.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.5 - Safe speed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every boat
				  shall proceed at a safe speed so that it can take proper and effective action
				  to avoid collision and be stopped within a distance appropriate to the
				  prevailing circumstances and conditions.
(b) In determining a safe speed, the
				  following factors shall be among those taken into account:
(1) State of visibility.
(2) Traffic density, including concentrations
				  of other boats.
(3) Weather
				  conditions, currents and the proximity of navigational hazards.
(4) Maneuverability of the boat with special
				  reference to stopping distance and turning ability.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.6 - Action to avoid collision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Action
				  taken to avoid collision shall, if the circumstances of the case admit, be
				  positive, made in ample time and with regard to the observance of good
				  seamanship.
(b) An alteration of
				  course or speed to avoid collision shall, if the circumstances of the case
				  admit, be large enough to be readily apparent to another boat visually; a
				  succession of small alterations of course of speed shall be avoided.
(c) Action taken to avoid collision with
				  another boat shall result in passing at a safe distance.
(d) If necessary to avoid collision or allow
				  more time to assess the situation, a boat shall slacken its speed, stop
				  altogether or reverse its means of propulsion.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.7 - Narrow channels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A boat
				  proceeding along the course of a narrow channel shall keep as near to the outer
				  limit of the channel which lies on its starboard-right-side as is safe and
				  practicable.
(b) Notwithstanding
				  subsection (a), a power-driven boat operating in narrow channels on the Great
				  Lakes, Western Rivers or waters specified by the Commission or Executive
				  Director and proceeding downbound with a following current, shall have the
				  right-of-way over an upbound boat. The boat proceeding upbound against the
				  current shall hold as necessary to permit safe passing.
(c) A boat of less than 20 meters (39.4 feet)
				  in length, or a sailing boat, may not impede the passage of a boat that can
				  safely navigate only within a narrow channel.
(d) A boat may not cross a narrow channel if
				  the crossing impedes the passage of a boat which can safely navigate only
				  within that channel.
(e) A boat
				  shall, if the circumstances of the case admit, avoid anchoring in a narrow
				  channel.
(f) A boat nearing a bend
				  on an area of a narrow channel where other boats may be obscured by an
				  intervening obstruction shall navigate with particular alertness and
				  caution.
(g) A boat engaged in
				  fishing may not impede the passage of another boat navigating within a narrow
				  channel or fairway.
(h) In a narrow
				  channel or fairway when overtaking, a boat intending to overtake shall indicate
				  its intention by sounding the appropriate signal and take steps to permit safe
				  passage. The overtaken boat, if in agreement, shall sound the same signal. If
				  in doubt it shall sound the prescribed danger signal. This subsection does not
				  relieve the overtaking boat of its obligation under §
										103.9 (relating to
				  overtaking).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.8 - Rules applicable to sailboats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  two sailboats are approaching one another in a manner that involves risk of
				  collision, one of them shall keep out of the way of the other as follows:
(1) When each has the wind on a different
				  side, the boat which has the wind on the port-left-side shall keep out of the
				  way of the other.
(2) When both
				  have the wind on the same side, the boat which is to windward shall keep out of
				  the way of the boat which is to leeward.
(3) If a boat with the wind on the
				  port-left-side sees a boat to windward and cannot determine with certainty
				  whether the other boat has the wind on the port-left-or the
				  starboard-right-side, the boat shall keep out of the way of the
				  other.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.9 - Overtaking

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A boat
				  overtaking another boat shall keep out of the way of the boat being
				  overtaken.
(b) When a boat is in
				  doubt as to whether it is overtaking another, it shall assume that this is the
				  case and act accordingly.
(c) A
				  boat shall be deemed to be overtaking when coming up with another from a
				  direction more than 22.5° abaft its beam; that is, in such a position with
				  reference to the boat it is overtaking that at night it would be able to see
				  only the sternlight of that boat but neither of its sidelights.
(d) A subsequent alteration of the bearing
				  down between the two boats may not make the overtaking boat a crossing boat
				  within the meaning of this chapter or relieve it of the duty of keeping clear
				  of the overtaken boat until it is finally past and clear.
This section cited in 58 Pa. Code §
												103.7 (relating to narrow
						channels).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.10 - Head-on situations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  two power-driven boats are meeting on reciprocal or nearly reciprocal courses
				  in a manner that involves risk of collision, each shall alter its course to
				  starboard-right-so that each shall pass on the port-left-side of the
				  other.
(b) A head-on situation
				  shall be deemed to exist when a boat sees the other ahead or nearly ahead and
				  by night it could see the masthead lights of the other in a line or nearly in a
				  line or both sidelights and by day it observes the corresponding aspect of the
				  other boat.
(c) When a boat is in
				  doubt as to whether such a situation exists, it shall assume that it does exist
				  and act accordingly.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.11 - Crossing situations

Current through Register Vol. 54, No. 28, July 13, 2024
When two motorboats are crossing as to involve risk of
					 collision, the boat which has the other on its starboard-right-side shall keep
					 out of the way and shall, if the circumstances of the case admit, avoid
					 crossing ahead of the other boat.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.12 - Action by giveway boat

Current through Register Vol. 54, No. 28, July 13, 2024
A boat which is directed to keep out of the way of another
					 boat shall, so far as possible, take early and substantial action to keep well
					 clear.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.13 - Action by stand-on boat

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When one of two boats is to keep out of the way, the other shall maintain its
				  course and speed. The later boat may take action to avoid collision by its
				  maneuver alone, as soon as it becomes apparent to it that the boat required to
				  keep out of the way is not taking appropriate action in compliance with this
				  chapter.
(b) When the boat required
				  to keep its course and speed finds itself so close that collision cannot be
				  avoided by the action of the giveway boat alone, it shall take action as will
				  best aid to avoid collision.
(c) A
				  power driven boat which takes action in a crossing situation to avoid collision
				  with another power-driven boat, if the circumstances of the case admit, may not
				  alter course to port-left-for a boat on its own port-left-side.
(d) This section does not relieve the giveway
				  boat of its obligation to keep out of the way.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.14 - Responsibility between boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  power-driven boat underway shall keep out of the way of:
(1) A sailing boat.
(2) A boat restricted in its ability to
				  maneuver.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 103 - RULES OF THE ROAD › Section 103.16 - Speed restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A person may not operate a watercraft at a speed
				  greater than is reasonable and prudent under the circumstances, having regard
				  for the actual and potential hazards then existing, nor at a speed greater than
				  will permit the operator to maneuver his boat with safety.
(b)
Specific speed
				  restrictions.
In addition to the general restriction on speed of
				  watercraft set forth in subsection (a), the Commission may by general or
				  special boating regulations set forth specific restrictions such as "slow, no
				  wake speed" restrictions. The observation of an officer authorized to enforce
				  this part shall be evidence of violation of nonnumerical specific speed
				  restrictions.
(c)
Mile-per-hour speed limits.
In addition to the general
				  restriction on speed of watercraft set forth in subsection (a) and the
				  nonnumerical speed restrictions set forth in subsection (b), the Commission
				  may, by general or special boating regulations, establish speed restrictions
				  based on the miles-per-hour of a boat. The rate of speed of watercraft may be
				  timed by electronic radio-microwave devices, commonly referred to as electronic
				  speed meters or radar, only by a waterways conservation officer who has been
				  certified by the Commission as having completed training to operate the device
				  or a member of the State Police. Electronic devices (radar) used to time speed
				  of watercraft shall be maintained and calibrated to standards set forth in 67
				  Pa. Code Chapter 105, Subchapter B (relating to electronic devices (radar). A
				  person may not be convicted of a violation of a miles-per-hour watercraft speed
				  limit timed by an electronic device unless the speed recorded is 6 or more
				  miles per hour in excess of the established speed limit.
The provisions of this §
												103.16 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 105 - OPERATIONAL CONDITIONS › Section 105.1 - Conditions requiring immediate corrective action

Current through Register Vol. 54, No. 28, July 13, 2024
A condition requiring immediate corrective actions shall
					 exist when a boat:
(1) Does not
				  display the navigation lights prescribed by
				  95.3
				  (relating to lights for boats) between sunset and sunrise or during periods of
				  reduced visibility.
(2) Has fuel
				  leakage from either the fuel system, engine or another source.
(3) Has an accumulation of fuel in the bilges
				  or a compartment other than a fuel tank.
(4) Does not meet the ventilation
				  requirements for tanks and engine spaces prescribed by
				  95.5
				  (relating to ventilation).
(5) Does
				  not meet the requirements for backfire flame control prescribed by
				  95.6
				  (relating to backfire flame control).
(6) Is overloaded or improperly
				  loaded.
(7) Is operating
				  immediately above or below dams and reservoir structures and discharge from
				  water impoundments.
(8) Is pulling
				  a water-skier or other boat-towed watersports participant without the required
				  observer aboard.
(9) Is being
				  operated with insufficient serviceable personal flotation devices onboard as
				  described by
				  97.1
				  (relating to personal flotation devices).
The provisions of this § 105.1 amended under
						30 Pa.C.S. §
													5123.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 105 - OPERATIONAL CONDITIONS › Section 105.2 - Corrective actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  unlawful for an operator of a boat to fail to follow the directions of a
				  waterways conservation officer or other person authorized to enforce the code
				  to take immediate and reasonable steps necessary for the safety of persons or
				  property when the officer reasonably believes that a condition requiring
				  immediate corrective actions may exist.
(b) Directions may include requiring the
				  operator to do one or more of the following:
(1) Correct the condition
				  immediately.
(2) Proceed to a
				  mooring, dock or anchorage.
(3)
				  Suspend further use of the boat until the condition is corrected.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 105 - OPERATIONAL CONDITIONS › Section 105.4 - Overloading and improper loading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  person may not operate a boat when the boat is loaded with passengers or cargo
				  beyond its safe carrying capacity as determined by one of the following:
(1) The boat's maximum weight
				  capacity.
(2) The boat's maximum
				  persons capacity.
(3) The boat's
				  maximum horsepower.
(4) Capacity
				  limits as identified on the boat's capacity label or through calculations
				  provided by the United States Coast Guard through the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 107 - BOATING RESTRICTIONS › Section 107.1 - Horsepower restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
On waters where horsepower limitations are prescribed, as
					 set forth in Chapter 111 (relating to special regulations counties), horsepower
					 limitations apply to both internal combustion motors and electric motors. Boats
					 with motors larger than the maximum horsepower shall be permitted but the
					 motors may not be used.
The provisions of this § 107.1 amended under
						30 Pa.C.S. §
													5124(a).
This section cited in 58 Pa. Code §
												111.71 (relating to general
						requirements).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 107 - BOATING RESTRICTIONS › Section 107.2 - Electric motors

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise specified in Chapter 111 (relating to
					 special regulations counties):
(1)
				  Electric motors are permitted on Commission owned or controlled lakes and on
				  State Park lakes where boating is permitted. On waters where horsepower
				  limitations are prescribed in Chapter 111, electric motors in excess of maximum
				  horsepower limitations or equivalent kilowatt ratings shall not be
				  used.
(1.1) Boats propelled by
				  electric motors on Commission owned or controlled lakes, State Park lakes and
				  water bodies in Chapter 111 shall not be operated at greater than slow, no-wake
				  speed.
(2) On Commission and State
				  Park owned or controlled lakes, internal combustion motors attached to or
				  installed in boats need not be removed, but the operation of engines is
				  specifically prohibited.
(3)
				  Officers authorized to enforce the code and this part and, in the case of State
				  Park lakes, officers and officials of the Bureau of State Parks and operators
				  of emergency vessels may operate boats powered by internal combustion motors in
				  the performance of their official duties on waters otherwise restricted to
				  electric motors only.
The provisions of this § 107.2 amended under
						30 Pa.C.S. §
													5124(a).
This section cited in 58 Pa. Code §
												111.71 (relating to general
						requirements).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 107 - BOATING RESTRICTIONS › Section 107.3 - Enforcement safety lights and sirens

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The use of a distinctive light,
				  blue-colored revolving or pulsating horizontal beam, is authorized for law
				  enforcement boats and may be displayed during the day or night whenever engaged
				  in law enforcement activities.
(b)
				  The use of this blue light by other than law enforcement boats or the United
				  States or its political subdivisions, having administrative control over use of
				  the waters of this Commonwealth and authorized by a controlling Federal or
				  State agency, is prohibited.
(c) A
				  siren may not be used on a boat other than an official patrol boat or other
				  official emergency response boat.