58 Pa. Code § 117.3 – 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 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 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.

Authority

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

Source

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; amended November 29, 2024, effective January 1, 2025, 54 Pa.B. 7675. Immediately preceding text appears at serial pages (368486) to (368487).

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).