Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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58 Pa. Code § 91.6. Boating Safety Education Certificates.

§ 91.6. Boating Safety Education Certificates.

 (a)  Definition.

   (1)  For residents of this Commonwealth, a Boating Safety Education Certificate is a document issued by the Commission certifying that the person named on the certificate has established proof of competency through the successful completion of a course approved in accordance with §  91.7 (relating to criteria for courses of instruction in boating safety education).

   (2)  For nonresidents, a Boating Safety Education Certificate is a certificate, card or other official document that indicates on the certificate, card or other document successful completion of a course approved by the National Association of State Boating Law Administrators.

 (b)  Certificate issuance. The Commission will issue a Pennsylvania Boating Safety Education Certificate to persons who present proof of successful completion of a boating safety education course approved in accordance with §  91.7 and the payment of fees under section 5104 of the code (relating to fees).

 (c)  Certificate possession. When the operator of a boat is required by law or regulation to possess a Boating Safety Education Certificate, it is unlawful to operate the boat on the waters of this Commonwealth without carrying onboard the Boating Safety Education Certificate issued to the operator. A Boating Safety Education Certificate shall be carried so that it can be presented to an officer authorized to enforce this subpart.

 (d)  Temporary certificate. The Executive Director or a designee may authorize the issuance of temporary Boating Safety Education Certificates to persons who successfully complete boating safety education courses approved by the Commission. Temporary Boating Safety Education Certificates expire when the permanent certification is issued or 60 days after issuance, whichever occurs first.

 (e)  Boating without a certificate onboard.

   (1)  When an operator is found operating a boat without possessing a Boating Safety Education Certificate, the operator will cease operation of the boat and follow the instructions of the apprehending officer. The operator may not resume operation of the boat until he demonstrates to the Commission’s satisfaction that he possesses a certificate.

   (2)  When an operator is found operating a boat without a Boating Safety Education Certificate onboard and claims that the certificate is available, the apprehending officer shall give the operator 7 days to produce the original certificate. If it is inconvenient for the operator to produce the certificate in person, the officer may permit the operator to mail the original certificate to the officer for verification. The operator shall provide a stamped self-addressed envelope for the return of the certificate. If the operator fails to send the original certificate within the 7-day period, the officer shall institute summary proceedings against the operator in the manner prescribed by law.

 (f)  Prohibitions. A person may not alter, borrow, lend or transfer a Boating Safety Education Certificate or give false or misleading information to the Commission, its officers or agents when applying for a temporary or a permanent Boating Safety Education Certificate.

Authority

   The provisions of this §  91.6 amended under the Fish and Boat Code, 30 Pa.C.S. §  5123, amended under 30 Pa.C.S. §  5103.

Source

   The provisions of this §  91.6 adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5016; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3206; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended March 14, 2003, effective March 15, 2003, 33 Pa.B. 1348; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1725; corrected August 16, 2008, effective August 16, 2008. Immediately preceding text appears at serial pages (333667) to (333668).

Cross References

   This section cited in 58 Pa. Code §  109.3 (relating to personal watercraft); and 58 Pa. Code §  117.3 (relating to responsibilities).



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