5501 - Reckless and negligent operation of watercraft.
CHAPTER 55 OPERATION OF BOATS Sec. 5501. Reckless and negligent operation of watercraft. 5502. Operating watercraft under influence of alcohol or controlled substance. 5502.1. Homicide by watercraft while operating under influence. 5502.2. Homicide by watercraft. 5502.3. Aggravated assault by watercraft while operating under influence. 5503. Accident reports. 5504. Liability for damage caused by operator. Enactment. Chapter 55 was added October 16, 1980, P.L.996, No.175, effective in 90 days. § 5501. Reckless and negligent operation of watercraft. (a) Reckless operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth in a reckless manner. For the purposes of this subsection, reckless operation means operating a watercraft in a manner that consciously, willfully and wantonly disregards a substantial and unjustifiable risk to the safety of persons or property in, upon or along the waters of this Commonwealth. Reckless operation of a watercraft involves a gross deviation from the standard of care that a reasonable operator of a watercraft should observe under the circumstances. A person who violates this subsection commits a misdemeanor of the third degree. (b) Negligent operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth in a negligent manner. A person commits negligent operation of a watercraft if he operates the watercraft without due regard for the safety of persons or property in, upon or along the waters of this Commonwealth. Negligent operation of a watercraft involves a deviation from the ordinary standard of care that a reasonable operator of a watercraft should observe under the circumstances. A person who violates this subsection commits a summary offense of the first degree. Negligent operation is a lesser included offense of reckless operation of a watercraft. (c) Aquaplanes and similar devices.--No person shall operate or manipulate any boat, tow rope, aquaplane or similar device in such a way as to cause the device or person thereon to collide with or strike against any object or person or in any way cause damage or injury to any object or person. A person who violates this subsection commits a summary offense of the first degree. (d) Exceeding capacity prima facie evidence of negligence.-- Exceeding the loading and horsepower limits for a boat as provided on the capacity plate issued for the boat is prima facie evidence of negligent operation of the boat.