§ 103.3. Restriction for special areas.
(a) Boats are limited to slow, no wake speed when within 100 feet of the shore line; docks; launching ramps; swimmers or downed skiers; 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 the Fish and Boat Code, 30 Pa.C.S. § 5123.
The provisions of this § 103.3 amended March 19, 1982, effective March 20, 1982, 12 Pa.B. 993; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 58; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435. Immediately preceding text appears at serial page (308620).
Notes of Decisions
Authority of Officers
Officers did not have articulable and reasonable suspicion to stop and detain a motorboat operator and passengers based on violation of former § 99.1, where the operator navigated the motorboat in a clockwise direction. This regulation was purely discretionary, merely suggesting a fashion of travel that a motorboat operator may follow; therefore, the regulation, by its very nature, could not be violated. Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996).
Operation of Motorboats
A motorboat operator may only deviate from a counterclockwise direction of operation when it is not reasonably possible to continue on that course. In such case, an operator charged with a violation of the regulation will be able to raise the defense that, due to extenuating circumstances, it was not reasonably possible to operate in a counterclockwise fashion. Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996).
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).
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