§ 115.9. Licenses for operators.

 (a)  Eligibility. Persons, 18 years of age and older, 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 must include a statement attesting that the applicant displays normal color vision. This requirement may be waived if the operation of vessels for which the license is sought will be limited to daylight hours.

 (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(a)(6) of the code (relating to fees).

 (d)  Examination. An applicant for a boat operator’s license 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 license shall contain a photograph of the licensee. In addition, it will list the name and the limitations on the operator with respect to size of vessel authorized to operate and day or night restrictions. Licenses issued under this section are valid on any water under the sole jurisdiction of the Commonwealth for boats up to and including the size listed on the license. The Commission will validate the operator’s license. The operator shall carry and display the license while in actual operation of a passenger carrying boat and produce the license upon request of the Commission.

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

 (g)  Waiver. The Commission will waive the licensing requirement of this section for an individual possessing a current valid United States Coast Guard certification appropriate for the size and type of boat he intends to operate upon presentation of proof of his Coast Guard Merchant Mariner Credential or other Coast Guard certification.

Authority

   The provisions of this §  115.9 amended under the Fish and Boat Code, 30 Pa.C.S. § §  5122, 5123(a)(1) and 5124.

Source

   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; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial pages (293751) to (293752).

Cross References

   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).



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