PRINTER'S NO. 484
No. 463 Session of 2001
INTRODUCED BY KASUNIC, HELFRICK, MUSTO, TARTAGLIONE, O'PAKE,
WAGNER, KITCHEN, COSTA AND LOGAN, FEBRUARY 15, 2001
REFERRED TO GAME AND FISHERIES, FEBRUARY 15, 2001
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, requiring the establishment of a mandatory boater
3 education program; and fixing additional fees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5103 of Title 30 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5103. Boating education [programs].
9 [The commission may inaugurate a comprehensive boating safety
10 and boating educational program and seek the cooperation of
11 organized boaters, the Federal Government and other states. The
12 commission may issue safety certificates to adults and minors
13 who complete courses in boating safety education.]
14 (a) Mandatory program of boater education.--Except as
15 otherwise provided in this section, on or after January 1, 2001,
16 any person born on or after January 1, 1980, shall not operate,
17 on the waters of this Commonwealth, a motorboat, without first
18 obtaining a certificate of boating safety education.
1 (b) Compliance.--Any person who is subject to the provisions
2 of subsection (a) shall:
3 (1) possess the certificate of boating safety education
4 when operating a vessel on waters of this Commonwealth; and
5 (2) show the certificate on the demand of a waterways
6 conservation officer or other law enforcement officer.
7 (c) Exemptions.--The following persons are exempt from the
8 requirements of this section:
9 (1) A person who is a resident of another state and who
10 is visiting this Commonwealth for 60 days or less in a
11 motorboat that is registered in another state, if:
12 (i) the person was born before January 1, 1980; or
13 (ii) the person has been issued a license or boating
14 safety education certificate in accordance with the
15 provisions of subsection (i).
16 (2) A person who is visiting this Commonwealth for 90
17 days or less in a motorboat from a country other than the
18 United States.
19 (3) A landowner or a member of the landowner's immediate
20 family operating a motorboat on waters located wholly within
21 property owned by the landowner where there is no publicly
22 owned or publicly maintained access to those waters.
23 (4) A person who operates a motorboat powered by an
24 electric motor or by an internal combustion motor of 25
25 horsepower or less.
26 (5) Any other person exempted by regulation of the
27 commission.
28 (d) Operational requirements.--When a motorboat is operated
29 for pleasure on the waters of this Commonwealth, the operator of
30 that vessel shall:
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1 (1) possess the certificate of boating safety education;
2 or
3 (2) be exempt from the certification requirements of
4 subsection (a).
5 (e) Commission duties.--The commission shall:
6 (1) Promulgate regulations that establish criteria for a
7 course of instruction in boating safety education.
8 (2) Administer a written or verbal test when
9 appropriate.
10 (3) Coordinate a Statewide program of boating safety
11 instruction and certification at such times and locations to
12 make courses convenient for residents of various counties and
13 to maximize attendance.
14 (4) Issue a certificate of boating safety education to a
15 person who:
16 (i) passes a commission-approved course in boating
17 safety education or passes a commission-approved
18 proctored proficiency examination that tests knowledge of
19 safe boating practices, laws and regulations; and
20 (ii) pays the fee set forth in section 5104
21 (relating to fees).
22 (5) Provide boating safety education materials to
23 persons who plan to take the boating safety course.
24 (6) Replace a lost or destroyed certificate.
25 (7) Establish reasonable charges for persons who take
26 boating safety education courses conducted by the commission
27 or commission volunteers. Such charges shall bear a
28 reasonable relationship to the costs of providing the course
29 and the course materials.
30 (f) Additional sources of instruction.--If approved by the
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1 commission, any of the following may offer the course of
2 instruction in boating safety education:
3 (1) The commission.
4 (2) The United States Coast Guard Auxiliary.
5 (3) The United States Power Squadron.
6 (4) A political subdivision.
7 (5) A municipal corporation.
8 (6) An agency.
9 (7) A public or nonpublic school.
10 (8) A group.
11 (9) A firm.
12 (10) An association.
13 (11) Any other person.
14 (g) Validity of certificate.--The certificate of boating
15 safety education, once issued, shall be valid for the lifetime
16 of the person to whom it was issued.
17 (h) Temporary certificates.--The commission or its designee
18 may issue a 60-day temporary certificate of boating safety
19 education to a person who has successfully completed a boating
20 safety education course approved by the commission.
21 (i) Other valid documentation.--
22 (1) In lieu of a certificate of boating safety education
23 issued by the Commonwealth, a certificate of boating safety
24 education issued in another state in accordance with criteria
25 of the National Association of State Boating Law
26 Administrators is sufficient to comply with the requirements
27 of this section.
28 (2) In lieu of a certificate of boating safety education
29 issued by the commission, a license issued by the United
30 States Coast Guard is sufficient to comply with the
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1 requirements of this section.
2 (j) Penalty.--On or after January 1, 2001, a person who is
3 subject to the provisions of subsection (a) and who operates, on
4 waters of this Commonwealth, a motorboat, in violation of any
5 requirement of this section, commits a summary offense of the
6 second degree.
7 (k) Others subject to mandatory education requirements.--
8 Notwithstanding any other provision of this section, it is
9 unlawful for a person to operate a watercraft on the waters of
10 this Commonwealth without completing a boat safety education
11 course when:
12 (1) A person, convicted on one or more boating
13 violations concerning the operation of, or safety equipment
14 on, a watercraft, is required, as a condition of probation or
15 sentencing, to successfully complete a boating safety
16 education course that is offered or approved by the
17 commission.
18 (2) A person is convicted of any of the following
19 boating safety violations in the operation of a watercraft:
20 (i) negligent operation;
21 (ii) reckless operation; or
22 (iii) operating under the influence of alcohol, any
23 drug, combination of drugs or combination of drugs and
24 alcohol in violation of this title.
25 (3) If a person convicted of the offenses described in
26 paragraph (1) or (2) had, prior to the date of the
27 conviction, previously completed a boating safety education
28 course or obtained a boating safety certificate, such person
29 shall, prior to operating a watercraft on the waters of this
30 Commonwealth, be required to complete an additional boating
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1 safety education course.
2 Section 2. Section 5104 introductory paragraph of Title 30
3 is amended and the section is amended by adding paragraphs to
4 read:
5 § 5104. Fees.
6 The following fees apply to registrations, licenses, permits
7 and capacity plates and certificates issued under this part and
8 the fees collected shall be deposited in the State Treasury in
9 the Boat Fund:
10 * * *
11 (10) Boating safety education certificate, $10.
12 (11) Replacement boating safety education certificate,
13 $5.
14 Section 3. This act shall take effect in 60 days.
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