Section 109.3. Personal watercraft

(a) As used in this section, ‘‘personal watercraft’’ means a boat less than 16 feet in length which meets the following conditions:

(1) Uses an internal combustion motor powering a water jet pump as its primary source of motive propulsion.

(2) Is designed to be operated by a person sitting, standing or kneeling on, rather than being operated by a person sitting or standing inside the vessel.

(b) It is unlawful for a person to operate, or be a passenger onboard, a personal watercraft on the waters of this Commonwealth unless the person is wearing a United States Coast Guard approved wearable personal flotation device in accordance with § 97.1 (relating to personal flotation devices). Inflatable personal flotation devices may not be used to meet this requirement.

(c) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch shall attach the lanyard to his person, clothing or personal flotation device as appropriate for the specific vessel.

(d) A person may not operate a personal watercraft between sunset and sunrise.

(e) Subsections (b) and (c) do not apply to a performer participating in a permitted regatta, race, marine parade, tournament or exhibition or to a person preparing to participate in the event at the location and within 48 hours prior to the event.

(f) Except as otherwise provided in this subpart, a person may not operate a personal watercraft on the waters of this Commonwealth unless the person has obtained a Boating Safety Education Certificate as defined in § 91.6 (relating to Boating Safety Education Certificates).

The provisions of this § 109.3 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; 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 September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended December 4, 1998, effective December 5, 1998, 28 Pa.B. 5984; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5659; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (375777) to (375778).

Notation

Authority

The provisions of this § 109.3 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

Cross References

This section cited in 17 Pa. Code § 11.201 (relating to definitions).