Pennsylvania Act 2002-199 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND MANDATORY BOATER EDUCATION PROGRAM ESTABLISHMENT, PASSENGER-CARRYING BOAT AND FEES

Act text

FISH AND BOAT CODE (30 PA.C.S.) - AMEND MANDATORY BOATER EDUCATION
         PROGRAM ESTABLISHMENT, PASSENGER-CARRYING BOAT AND FEES
                 Act of Dec. 9, 2002, P.L. 1542, No. 199              Cl. 30
                             Session of 2002
                               No. 2002-199

     SB 463

                                  AN ACT

     Amending Title 30 (Fish) of the Pennsylvania Consolidated
        Statutes, further defining "passenger-carrying boat";
        requiring the establishment of a mandatory boater education
        program; and fixing additional fees.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "passenger-carrying boat" in
     section 102 of Title 30 of the Pennsylvania Consolidated
     Statutes is amended to read:
      § 102.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this title, the following words and phrases when
     used in this title shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        * * *
        "Passenger-carrying boat."  Any boat that carries more than
     six passengers either for hire or as part of a commercial
     enterprise. The following persons shall not be counted in
     determining the number of passengers:
            (1)  The owner or his representative.
            (2)  The operator and bona fide members of the crew who
        have contributed no consideration for their carriage and who
        may be paid for their services.
            (3)  Any guest on board a boat used exclusively for
        pleasure purposes who has not contributed any consideration,
        directly or indirectly, for his carriage when there are no
        other passengers on board who have paid any such
        consideration and when only the owner or owners of the boat
        are bearing the costs of operating the boat.
     The term shall not include any boat operated exclusively as a
     part of a cavern operation.
        * * *
        Section 2.  Section 5103 of Title 30 is amended to read:
      § 5103.  Boating education [programs].
        [The commission may inaugurate a comprehensive boating safety
     and boating educational program and seek the cooperation of
     organized boaters, the Federal Government and other states. The
     commission may issue safety certificates to adults and minors
     who complete courses in boating safety education.]
        (a)  Mandatory program of boater education.--Except as
     otherwise provided in this section, on or after January 1, 2003,
     any person born on or after January 1, 1982, shall not operate,
     on the waters of this Commonwealth a motorboat without first
     obtaining a certificate of boating safety education.
        (b)  Compliance.--Any person who is subject to the provisions
     of subsection (a) shall:
            (1)  possess the certificate of boating safety education
        when operating a vessel on waters of this Commonwealth; and
            (2)  show the certificate on the demand of a waterways
        conservation officer or other law enforcement officer.
        (c)  Exemptions.--The following persons are exempt from the
     requirements of this section:
            (1)  A person who is a resident of another state and who
        is visiting this Commonwealth for 60 days or less in a
        motorboat that is registered in another state if:
                (i)  the person was born before January 1, 1982; or
                (ii)  the person has been issued a license or boating
            safety education certificate in accordance with the
            provisions of subsection (i).
            (2)  A person who is visiting this Commonwealth for 90
        days or less in a motorboat from a country other than the
        United States.
            (3)  A landowner or a member of the landowner's immediate
        family operating a motorboat on waters located wholly within
        property owned by the landowner where there is no publicly
        owned or publicly maintained access to those waters.
            (4)  A person who operates a motorboat powered by an
        electric motor or by an internal combustion motor of 25
        horsepower or less.
            (5)  Any other person exempted by regulation of the
        commission.
        (d)  Operational requirements.--When a motorboat is operated
     for pleasure on the waters of this Commonwealth, the operator of
     that vessel shall:
            (1)  possess the certificate of boating safety education;
        or
            (2)  be exempt from the certification requirements of
        subsection (a).
        (e)  Commission duties.--The commission shall:
            (1)  Promulgate regulations that establish criteria for a
        course of instruction in boating safety education.
            (2)  Administer a written or verbal test when
        appropriate.
            (3)  Coordinate a Statewide program of boating safety
        instruction and certification at such times and locations to
        make courses convenient for residents of various counties and
        to maximize attendance.
            (4)  Issue a certificate of boating safety education to a
        person who:
                (i)  passes a commission-approved course in boating
            safety education; and
                (ii)  pays the fee set forth in section 5104
            (relating to fees).
            (5)  Provide boating safety education materials to
        persons who plan to take the boating safety course.
            (6)  Replace a lost or destroyed certificate.
            (7)  Establish reasonable charges for persons who take
        boating safety education courses conducted by the commission
        or commission volunteers. Such charges shall bear a
        reasonable relationship to the costs of providing the course
        and the course materials.
        (f)  Additional sources of instruction.--If approved by the
     commission, any of the following may offer the course of
     instruction in boating safety education:
            (1)  The commission.
            (2)  The United States Coast Guard Auxiliary.
            (3)  The United States Power Squadron.
            (4)  A political subdivision.
            (5)  A municipal corporation.
            (6)  An agency.
            (7)  A public or nonpublic school.
            (8)  A group.
            (9)  A firm.
            (10)  An association.
            (11)  Any other person.
        (g)  Validity of certificate.--The certificate of boating
     safety education, once issued, shall be valid for the lifetime
     of the person to whom it was issued.
        (h)  Temporary certificates.--The commission or its designee
     may issue a 60-day temporary certificate of boating safety
     education to a person who has successfully completed a boating
     safety education course approved by the commission.
        (i)  Other valid documentation.--
            (1)  In lieu of a certificate of boating safety education
        issued by the Commonwealth, a certificate of boating safety
        education issued in another state in accordance with criteria
        of the National Association of State Boating Law
        Administrators is sufficient to comply with the requirements
        of this section.
            (2)  In lieu of a certificate of boating safety education
        issued by the commission, a license issued by the United
        States Coast Guard is sufficient to comply with the
        requirements of this section.
        (j)  Penalty.--On or after January 1, 2003, a person who is
     subject to the provisions of subsection (a) and who operates, on
     waters of this Commonwealth, a motorboat in violation of any
     requirement of this section commits a summary offense of the
     second degree.
        (k)  Others subject to mandatory education requirements.--
     Notwithstanding any other provision of this section, it is
     unlawful for a person to operate a watercraft on the waters of
     this Commonwealth without completing a boat safety education
     course when:
            (1)  A person convicted on one or more boating violations
        concerning the operation of, or safety equipment on, a
        watercraft is required as a condition of probation or
        sentencing to successfully complete a boating safety
        education course that is offered or approved by the
        commission.
            (2)  A person is convicted of any of the following
        boating safety violations in the operation of a watercraft:
                (i)  negligent operation;
                (ii)  reckless operation; or
                (iii)  operating under the influence of alcohol, any
            controlled substance, combination of controlled
            substances or combination of controlled substances and
            alcohol in violation of this title.
            (3)  If a person convicted of the offenses described in
        paragraph (1) or (2) had, prior to the date of the
        conviction, previously completed a boating safety education
        course or obtained a boating safety certificate, such person
        shall, prior to operating a watercraft on the waters of this
        Commonwealth, be required to complete an additional boating
        safety education course.
        Section 3.  Section 5104 introductory paragraph of Title 30
     is amended and the section is amended by adding paragraphs to
     read:
      § 5104.  Fees.
        The following fees apply to registrations, licenses, permits
     and capacity plates and certificates issued under this part and
     the fees collected shall be deposited in the State Treasury in
     the Boat Fund:
            * * *
            (10)  Boating safety education certificate, $10.
            (11)  Replacement boating safety education certificate,
        $5.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER