Section 117.3. Responsibilities

(a) It is unlawful for a livery operator to permit a rental boat to depart from the boat rental business without the equipment required by this title for the type of boat being rented.

(b) A livery operator shall offer to all persons renting boats an orientation/introduction to boating safety and conditions, including a review of the laws and regulations applicable to the type of boat being rented and the waters on which the boat will be used. The Executive Director will provide guidance in the preparation of this orientation. Persons who produce a Boating Safety Education Certificate issued or approved by the Commission under § 91.6 (relating to certificates) are exempt from review.

(c) Boat rental transactions shall be made using a written agreement, specifying the name and address of the lessee, the number of persons in the lessee’s party and date of departure.

(d) Livery boats shall be clearly marked on both sides for easy identification of the business. Each boat shall be marked with letters, numbers or decals at least 3 inches tall.

(e) A livery operator shall only rent boats that meet or exceed minimum United States Coast Guard requirements for boats of that type. Rental boats shall be of a design and material suitable for their intended use.

(f) A livery operator shall submit a boating accident report for all reportable accidents involving one or more of the rental boats in accordance with Chapter 101 (relating to boating accidents). This requirement is in addition to the requirement that the operator of the boat file a boating accident report.

(g) It is unlawful for a livery operator to rent or use a boat in excess of its capacity as set forth by the manufacturer for the total number of passengers, total weight or maximum horsepower.

The provisions of this § 117.3 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended March 24, 2000, effective March 25, 2000, 30 Pa.B. 1652. Immediately preceding text appears at serial pages (251610) to (251611).

Notation

Authority

The provisions of this § 117.3 amended under the Fish and Boat Code, 30 Pa.C.S. § 5122.

Cross References

This section cited in 58 Pa. Code § 93.4 (relating to certificate of registration); and 58 Pa. Code § 117.4 (relating to motorboat liveries).