Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

58 Pa. Code § 105.3. Unacceptable boating practices.

§ 105.3. Unacceptable boating practices.

 It is unlawful to:

   (1)  Operate a motorboat at greater than slow, no wake speed with a person riding outside the passenger carrying area or while a person is riding on bow decking, gunwales, transom or motor cover. It is not a violation of this paragraph to ride on the motor cover of an inboard motorboat while underway at that speed if the motor cover is designed by the manufacturer for the operator or a passenger to ride on it. For the purposes of this paragraph, the passenger carrying area is defined as the space intended by the manufacturer for persons to sit or stand while the boat is underway. This prohibition does not apply when the operator of the boat is docking, mooring, anchoring or rafting the boat.

   (2)  Operate a motorboat—less than 20 feet in length—at greater than slow, no wake speed while a person is standing on or in the boat. It is not a violation of this paragraph if the boat is designed for the operator or a passenger, or both, to stand while underway at that speed.

   (3)  Operate or stop a boat in a marked marine event area in violation of the conditions of the event.

   (4)  Operate or stop a boat in a manner that interferes with the conduct of a permitted marine event.

   (5)  Cause a boat to become airborne or completely leave the water while crossing the wake of another boat when within 100 feet of the boat creating the wake.

   (6)  Weave through congested traffic.

   (7)  Follow too close to another boat, including personal watercraft. For the purposes of this paragraph, following too close shall be construed as operating in excess of slow, no wake speed within 100 feet to the rear or 50 feet to the side of another boat that is underway, unless the boats are operating in a narrow channel, in which case the boats may operate at the speed and flow of other boat traffic.

   (8)  Operate within 100 feet of a water-skier or other boat-towed watersports participant being towed by another boat.

   (9)  Operate a pontoon boat while a person is riding outside the passenger carrying area. For the purposes of this paragraph, the passenger carrying area is defined by continuous railings or enclosed spaces intended for persons to use while the pontoon boat is underway. This prohibition does not apply when the operator of the boat is docking, mooring, anchoring or rafting the pontoon boat.

   (10)  Operate a motorboat at any speed with a person or persons sitting, riding or hanging on a swim platform or swim ladder attached to the motorboat, except when launching, retrieving, docking or anchoring the motorboat.

   (11)  Operate a motorboat at any speed when towing a person on water skis or other boat-towed devices using a tow rope of 20 feet or less as measured from the transom of the boat. This prohibition does not apply to wake surfing as defined in §  109.4 (relating to waterskiing and other boat-towed watersports).

   (12)  Operate a motorboat propelled by an outboard motor, inboard/outboard motor or water jet while a person is wake surfing in or on the wake of the motorboat, unless the propulsion system is specifically designed by the manufacturer for that activity.

Authority

   The provisions of this §  105.3 amended under 30 Pa.C.S. §  5123.

Source

   The provisions of this §  105.3 amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3502; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3208; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4444; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7688; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7083; amended December 8, 2017, effective December 9, 2017, 47 Pa.B. 7467; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (369400) and (389269).



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