5103 - Boating education.

     § 5103.  Boating education.        (a)  Mandatory program of boater education.--Except as     otherwise provided in this section, on or after January 1, 2003,     any person born on or after January 1, 1982, shall not operate,     on the waters of this Commonwealth, a motorboat without first     obtaining a certificate of boating safety education.        (b)  Compliance.--Any person who is subject to the provisions     of subsection (a) shall:            (1)  possess the certificate of boating safety education        when operating a vessel on waters of this Commonwealth; and            (2)  show the certificate on the demand of a waterways        conservation officer or other law enforcement officer.        (c)  Exemptions.--The following persons are exempt from the     requirements of this section:            (1)  A person who is a resident of another state and who        is visiting this Commonwealth for 60 days or less in a        motorboat that is registered in another state if:                (i)  the person was born before January 1, 1982; or                (ii)  the person has been issued a license or boating            safety education certificate in accordance with the            provisions of subsection (i).            (2)  A person who is visiting this Commonwealth for 90        days or less in a motorboat from a country other than the        United States.            (3)  A landowner or a member of the landowner's immediate        family operating a motorboat on waters located wholly within        property owned by the landowner where there is no publicly        owned or publicly maintained access to those waters.            (4)  A person who operates a motorboat powered by an        electric motor or by an internal combustion motor of 25        horsepower or less.            (5)  Any other person exempted by regulation of the        commission.        (d)  Operational requirements.--When a motorboat is operated     for pleasure on the waters of this Commonwealth, the operator of     that vessel shall:            (1)  possess the certificate of boating safety education;        or            (2)  be exempt from the certification requirements of        subsection (a).        (e)  Commission duties.--The commission shall:            (1)  Promulgate regulations that establish criteria for a        course of instruction in boating safety education.            (2)  Administer a written or verbal test when        appropriate.            (3)  Coordinate a Statewide program of boating safety        instruction and certification at such times and locations to        make courses convenient for residents of various counties and        to maximize attendance.            (4)  Issue a certificate of boating safety education to a        person who:                (i)  passes a commission-approved course in boating            safety education; and                (ii)  pays the fee set forth in section 5104            (relating to fees).            (5)  Provide boating safety education materials to        persons who plan to take the boating safety course.            (6)  Replace a lost or destroyed certificate.            (7)  Establish reasonable charges for persons who take        boating safety education courses conducted by the commission        or commission volunteers. Such charges shall bear a        reasonable relationship to the costs of providing the course        and the course materials.        (f)  Additional sources of instruction.--If approved by the     commission, any of the following may offer the course of     instruction in boating safety education:            (1)  The commission.            (2)  The United States Coast Guard Auxiliary.            (3)  The United States Power Squadron.            (4)  A political subdivision.            (5)  A municipal corporation.            (6)  An agency.            (7)  A public or nonpublic school.            (8)  A group.            (9)  A firm.            (10)  An association.            (11)  Any other person.        (g)  Validity of certificate.--The certificate of boating     safety education, once issued, shall be valid for the lifetime     of the person to whom it was issued.        (h)  Temporary certificates.--The commission or its designee     may issue a 60-day temporary certificate of boating safety     education to a person who has successfully completed a boating     safety education course approved by the commission.        (i)  Other valid documentation.--            (1)  In lieu of a certificate of boating safety education        issued by the Commonwealth, a certificate of boating safety        education issued in another state in accordance with criteria        of the National Association of State Boating Law        Administrators is sufficient to comply with the requirements        of this section.            (2)  In lieu of a certificate of boating safety education        issued by the commission, a license issued by the United        States Coast Guard is sufficient to comply with the        requirements of this section.        (j)  Penalty.--On or after January 1, 2003, a person who is     subject to the provisions of subsection (a) and who operates, on     waters of this Commonwealth, a motorboat in violation of any     requirement of this section commits a summary offense of the     second degree.        (k)  Others subject to mandatory education requirements.--     Notwithstanding any other provision of this section, it is     unlawful for a person to operate a watercraft on the waters of     this Commonwealth without completing a boat safety education     course when:            (1)  A person convicted on one or more boating violations        concerning the operation of, or safety equipment on, a        watercraft is required as a condition of probation or        sentencing to successfully complete a boating safety        education course that is offered or approved by the        commission.            (2)  A person is convicted of any of the following        boating safety violations in the operation of a watercraft:                (i)  negligent operation;                (ii)  reckless operation; or                (iii)  operating under the influence of alcohol, any            controlled substance, combination of controlled            substances or combination of controlled substances and            alcohol in violation of this title.            (3)  If a person convicted of the offenses described in        paragraph (1) or (2) had, prior to the date of the        conviction, previously completed a boating safety education        course or obtained a boating safety certificate, such person        shall, prior to operating a watercraft on the waters of this        Commonwealth, be required to complete an additional boating        safety education course.     (Dec. 9, 2002, P.L.1542, No.199, eff. 60 days)