§ 115.9. Licenses for operators.

 (a)  Eligibility. Persons, 18 years of age and older, of good character and in good physical condition and who possess a valid Boating Safety Education Certificate are eligible for licensing as operators of passenger-carrying boats.

 (b)  Physical examination. The physical condition of an applicant for an operator’s license shall be certified by a physician after a physical examination. The physician’s certification shall include a statement attesting to unimpaired color sense of the applicant. The requirement of unimpaired color sense may be waived if the operation of vessels for which the license is sought will be limited to daylight hours. Licensees shall notify the Commission of changes in physical condition that may affect their ability to operate a boat carrying passengers for hire.

 (c)  Application. An application for a boat operator’s license shall be made on the form provided by the Commission. The completed form shall be submitted with the applicable fee as listed in section 5104(b) of the code.

 (d)  Examination. Persons applying for a license to operate a boat carrying passengers for hire shall pass a professional examination to demonstrate sufficient experience and capabilities to assume the responsibilities for operation of a passenger-carrying boat. Examination will include oral questions and a practical test of boating skills using the boat—or a boat of identical size and type—for which an operator’s license is being requested. If the applicant does not pass the oral examination or the practical test, 30 days is required prior to taking a retest. A request for the retest shall be submitted on Form PFBC-292.

 (e)  Contents and display of boat operator’s license. The operator’s certificate shall contain a photograph of the licensee, approximately 2 inches by 2 inches in dimension. In addition, it will list the name and the limitations on the operator with respect to size of vessel authorized to operate, day or night restrictions and area or body of water in which authorized to operate. The Commission will validate the operator’s certificate. The operator shall display the operator’s certificate alongside the certificate of inspection required by §  115.3 (relating to recertification) onboard the boat. It is unlawful to fail to display the validated operator’s certificate as provided in this section.

 (f)  Expiration. Operator certificates issued under this section will expire on December 31, 5 years from the date of issuance.

   The provisions of this §  115.9 amended under 30 Pa.C.S. § §  5122 and 5124.

   The provisions of this §  115.9 amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; amended November 15, 2002, effective January 1, 2003, 32 Pa.B. 5659. Immediately preceding text appears at serial pages (261379) to (261380).

   This section cited in 58 Pa. Code §  115.6 (relating to exception); 58 Pa. Code §  115.8 (relating to personnel requirements of passenger carrying boats); and 58 Pa. Code §  115.10 (relating to renewal of operator’s license).