Section 53.11. Off-highway vehicles and snowmobiles

(a) General rule. Except as provided in subsection (c), the use of off-road motorized vehicles, including trail bikes, Tote Gotes, all terrain vehicles (ATVs), air cushioned vehicles, track vehicles, hydrofoils and the like, is prohibited on Commission-owned or -controlled property.

(b) Snowmobiles. It is unlawful to operate a snowmobile on Commission-owned or -controlled property except in areas designated for use by the Executive Director and so posted. The Commission will maintain a list of areas when use is permitted. In those areas where use of snowmobiles is permitted, the following conditions apply:

(1) Snowmobiles may be loaded or unloaded in Commission parking areas unless otherwise posted.

(2) Snowmobiles may be operated in parking areas only for the purpose of direct access and egress to other areas where operation is permitted. Parking areas may not be used for general snowmobile operation.

(3) The operation of snowmobiles on Commission-owned and -controlled property is at the sole risk of the operator. The Commission assumes no responsibility for the operations and makes no representations as to the suitability of trails or areas for their use.

(4) The operation of snowmobiles on frozen lakes, ponds, rivers and streams is prohibited.

(c) Persons with disabilities.

(1) Motorized wheelchairs. A person whose disability requires him to use a motorized wheelchair or similar device powered by an electric motor may use the device on Commission property. The Commission does not represent that Commission properties except those specifically marked and designated for access by persons with disabilities are suitable for this use.

(2) Other motorized vehicles. The Executive Director or a designee may permit persons exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements) and persons who are deprived of the use of a leg or both legs in a manner that significantly limits mobility to use an off-road motorized vehicle on Commission property for the purpose of gaining access to fishing or boating opportunities under the following conditions:

(i) The person applies in writing for permission stating the nature of the disability, the description of the vehicle and the areas for which use is proposed. The application should be sent to:

Director, Bureau of Law Enforcement Pennsylvania Fish and Boat Commission Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000

The application shall include a statement from a physician or a chiropractor licensed to practice in this Commonwealth describing the disability and certifying that the applicant meets the requirements of this section.

(ii) The vehicle is operated by the person with a disability or a person identified in the application to operate the vehicle for the person with disability.

(iii) The person agrees that he will be responsible for the operation of the vehicle, the suitability of the site for the operation, and for damages caused by operation of the vehicle.

(iv) The person acknowledges that the Commission does not represent that Commission properties, except those specifically marked and designated for access by persons with disabilities, are suitable for any such use.

(d) As used in this section, the term, ‘‘off-road motorized vehicle,’’ means a motorized vehicle specifically designed for this use. The term does not include a vehicle licensed or registered for on-road use, such as a 4 by 4 sport utility vehicle and the like.

The provisions of this § 53.11 amended December 22, 1995, effective December 23, 1995, 25 Pa. B. 5970; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013. Immediately preceding text appears at serial pages (263722) to (227623).

Notation

Authority

The provisions of this § 53.11 amended under the Fish and Boat Code, 30 Pa.C.S. § § 741 and 2711.