Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 115 - BOATS CARRYING PASSENGERS FOR HIRE › Section 115.9 - Licenses for operators

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligibility.
Persons, 18 years of age and older, in good
				  physical condition and who possess a valid Boating Safety Education Certificate
				  are eligible for licensing as operators of passenger-carrying boats.
(b)
Physical examination.
The physical condition of an applicant for an operator's license shall be
				  certified by a physician after a physical examination. The physician's
				  certification must include a statement attesting that the applicant displays
				  normal color vision. This requirement may be waived if the operation of vessels
				  for which the license is sought will be limited to daylight hours.
(c)
Application.
An
				  application for a boat operator's license shall be made on the form provided by
				  the Commission. The completed form shall be submitted with the applicable fee
				  as listed in section 5104(a)(6) of the code (relating to fees).
(d)
Examination.
An
				  applicant for a boat operator's license shall pass a professional examination
				  to demonstrate sufficient experience and capabilities to assume the
				  responsibilities for operation of a passenger-carrying boat. Examination will
				  include oral questions and a practical test of boating skills using the boat-or
				  a boat of identical size and type-for which an operator's license is being
				  requested. If the applicant does not pass the oral examination or the practical
				  test, 30 days is required prior to taking a retest. A request for the retest
				  shall be submitted on Form PFBC-292.
(e)
Contents and display of boat
				  operator's license.
The operator's license shall contain a photograph
				  of the licensee. In addition, it will list the name and the limitations on the
				  operator with respect to size of vessel authorized to operate and day or night
				  restrictions. Licenses issued under this section are valid on any water under
				  the sole jurisdiction of the Commonwealth for boats up to and including the
				  size listed on the license. The Commission will validate the operator's
				  license. The operator shall carry and display the license while in actual
				  operation of a passenger carrying boat and produce the license upon request of
				  the Commission.
(f)
Expiration.
Licenses issued under this section will expire on
				  December 31, 5 years from the date of issuance.
(g)
Waiver.
The Commission
				  will waive the licensing requirement of this section for an individual
				  possessing a current valid United States Coast Guard certification appropriate
				  for the size and type of boat he intends to operate upon presentation of proof
				  of his Coast Guard Merchant Mariner Credential or other Coast Guard
				  certification.
The provisions of this §
												115.9 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													5122,
						5123(a)(1) and 5124.
This section cited in 58 Pa. Code §
												115.6 (relating to exception); 58
						Pa. Code §
												115.8 (relating to personnel
						requirements of passenger carrying boats); and 58 Pa. Code §
												115.10 (relating to renewal of
						operator's license).