PRIOR PRINTER'S NO. 484 PRINTER'S NO. 2355
No. 463 Session of 2001
INTRODUCED BY KASUNIC, HELFRICK, MUSTO, TARTAGLIONE, O'PAKE,
WAGNER, KITCHEN, COSTA AND LOGAN, FEBRUARY 15, 2001
SENATOR HELFRICK, GAME AND FISHERIES, AS AMENDED,
NOVEMBER 12, 2002
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 2003, any person born on or after January 1, 1980 1982, shall <--
17 not operate, on the waters of this Commonwealth, a motorboat,
1 without first obtaining a certificate of boating safety
2 education.
3 (b) Compliance.--Any person who is subject to the provisions
4 of subsection (a) shall:
5 (1) possess the certificate of boating safety education
6 when operating a vessel on waters of this Commonwealth; and
7 (2) show the certificate on the demand of a waterways
8 conservation officer or other law enforcement officer.
9 (c) Exemptions.--The following persons are exempt from the
10 requirements of this section:
11 (1) A person who is a resident of another state and who
12 is visiting this Commonwealth for 60 days or less in a
13 motorboat that is registered in another state, if:
14 (i) the person was born before January 1, 1980 1982; <--
15 or
16 (ii) the person has been issued a license or boating
17 safety education certificate in accordance with the
18 provisions of subsection (i).
19 (2) A person who is visiting this Commonwealth for 90
20 days or less in a motorboat from a country other than the
21 United States.
22 (3) A landowner or a member of the landowner's immediate
23 family operating a motorboat on waters located wholly within
24 property owned by the landowner where there is no publicly
25 owned or publicly maintained access to those waters.
26 (4) A person who operates a motorboat powered by an
27 electric motor or by an internal combustion motor of 25
28 horsepower or less.
29 (5) Any other person exempted by regulation of the
30 commission.
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1 (d) Operational requirements.--When a motorboat is operated
2 for pleasure on the waters of this Commonwealth, the operator of
3 that vessel shall:
4 (1) possess the certificate of boating safety education;
5 or
6 (2) be exempt from the certification requirements of
7 subsection (a).
8 (e) Commission duties.--The commission shall:
9 (1) Promulgate regulations that establish criteria for a
10 course of instruction in boating safety education.
11 (2) Administer a written or verbal test when
12 appropriate.
13 (3) Coordinate a Statewide program of boating safety
14 instruction and certification at such times and locations to
15 make courses convenient for residents of various counties and
16 to maximize attendance.
17 (4) Issue a certificate of boating safety education to a
18 person who:
19 (i) passes a commission-approved course in boating
20 safety education or passes a commission-approved <--
21 proctored proficiency examination that tests knowledge of
22 safe boating practices, laws and regulations; and SAFETY <--
23 EDUCATION; AND
24 (ii) pays the fee set forth in section 5104
25 (relating to fees).
26 (5) Provide boating safety education materials to
27 persons who plan to take the boating safety course.
28 (6) Replace a lost or destroyed certificate.
29 (7) Establish reasonable charges for persons who take
30 boating safety education courses conducted by the commission
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1 or commission volunteers. Such charges shall bear a
2 reasonable relationship to the costs of providing the course
3 and the course materials.
4 (f) Additional sources of instruction.--If approved by the
5 commission, any of the following may offer the course of
6 instruction in boating safety education:
7 (1) The commission.
8 (2) The United States Coast Guard Auxiliary.
9 (3) The United States Power Squadron.
10 (4) A political subdivision.
11 (5) A municipal corporation.
12 (6) An agency.
13 (7) A public or nonpublic school.
14 (8) A group.
15 (9) A firm.
16 (10) An association.
17 (11) Any other person.
18 (g) Validity of certificate.--The certificate of boating
19 safety education, once issued, shall be valid for the lifetime
20 of the person to whom it was issued.
21 (h) Temporary certificates.--The commission or its designee
22 may issue a 60-day temporary certificate of boating safety
23 education to a person who has successfully completed a boating
24 safety education course approved by the commission.
25 (i) Other valid documentation.--
26 (1) In lieu of a certificate of boating safety education
27 issued by the Commonwealth, a certificate of boating safety
28 education issued in another state in accordance with criteria
29 of the National Association of State Boating Law
30 Administrators is sufficient to comply with the requirements
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1 of this section.
2 (2) In lieu of a certificate of boating safety education
3 issued by the commission, a license issued by the United
4 States Coast Guard is sufficient to comply with the
5 requirements of this section.
6 (j) Penalty.--On or after January 1, 2001 2003, a person who <--
7 is subject to the provisions of subsection (a) and who operates,
8 on waters of this Commonwealth, a motorboat, in violation of any
9 requirement of this section, commits a summary offense of the
10 second degree.
11 (k) Others subject to mandatory education requirements.--
12 Notwithstanding any other provision of this section, it is
13 unlawful for a person to operate a watercraft on the waters of
14 this Commonwealth without completing a boat safety education
15 course when:
16 (1) A person, convicted on one or more boating
17 violations concerning the operation of, or safety equipment
18 on, a watercraft, is required, as a condition of probation or
19 sentencing, to successfully complete a boating safety
20 education course that is offered or approved by the
21 commission.
22 (2) A person is convicted of any of the following
23 boating safety violations in the operation of a watercraft:
24 (i) negligent operation;
25 (ii) reckless operation; or
26 (iii) operating under the influence of alcohol, any
27 drug, combination of drugs or combination of drugs and <--
28 CONTROLLED SUBSTANCE, COMBINATION OF CONTROLLED <--
29 SUBSTANCES OR COMBINATION OF CONTROLLED SUBSTANCES AND
30 alcohol in violation of this title.
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1 (3) If a person convicted of the offenses described in
2 paragraph (1) or (2) had, prior to the date of the
3 conviction, previously completed a boating safety education
4 course or obtained a boating safety certificate, such person
5 shall, prior to operating a watercraft on the waters of this
6 Commonwealth, be required to complete an additional boating
7 safety education course.
8 Section 2. Section 5104 introductory paragraph of Title 30
9 is amended and the section is amended by adding paragraphs to
10 read:
11 § 5104. Fees.
12 The following fees apply to registrations, licenses, permits
13 and capacity plates and certificates issued under this part and
14 the fees collected shall be deposited in the State Treasury in
15 the Boat Fund:
16 * * *
17 (10) Boating safety education certificate, $10.
18 (11) Replacement boating safety education certificate,
19 $5.
20 Section 3. This act shall take effect in 60 days.
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