§ 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 Type I, II, III or V United States Coast Guard approved personal flotation device. 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)  The operator of a personal watercraft with a capacity of two or less persons as determined by the manufacturer, may not tow waterskiers or engage in waterskiing or similar activities while operating a personal watercraft. Other personal watercraft may tow no more than one skier.

 (g)  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 amended under the Fish and Boat Code, 30 Pa.C.S. §  5123.

   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. Immediately preceding text appears at serial pages (293726) and (294113).

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