58 Pa. Code § 117.3 - [Effective 1/1/2025] Responsibilities
(a) Reserved.
(a.1) A livery operator shall provide their
business information, including business name, address and types of boats
rented, on a form provided by the Commission . If a change in business name,
address or contact information occurs, the livery must provide an update to the
Commission within 15 business days. Advertising by any means, including, but
not limited to, web sites, business cards, brochures, newspapers, periodicals
or billboards, that a person provides boat rentals shall be prima facie
evidence of a boat livery operation.
(a.2) A livery operator who conducts the
required safety orientation for motorboat rentals must possess a boating safety
education certificate issued by the Commission or other valid documentation
specified by this title and produce it upon the request of a waterways
conservation officer or other officer authorized to enforce the code .
(a.3) 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 and a boat
registration or use permit affixed to the boat as required by this title for
the access area or waterway where the boat will be operated during the rental
period.
(b) A livery operator shall
provide to all persons operating rental 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 on the content and
documentation of this orientation.
(c) Boat rental transactions shall be made
using a written agreement, specifying the name and address of the boat rental
business and lessee, the names of the individuals completing the required
orientation/introduction to boating safety and the rental period. The lessee
shall provide a copy of the boat rental agreement upon request to a waterways
conservation officer or other officer authorized to enforce the code .
(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 notify the Commission of all report-able 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 in accordance with Chapter
101.
(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.
Notes
The provisions of this § 117.3 amended under the
Fish and Boat
This section cited in 58 Pa.
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