§ 5123. General boating regulations.
(a) General rule.--The commission may promulgate such rules and regulations as it deems appropriate to
provide for the operation and navigation of boats, including the rules of the road
for boating, the ways, manner, methods and means of boating, the management of boats
and the use thereof and the protection of waters for boating purposes. The rules and
regulations may relate to:
(1) Protection of the health and safety of persons on boats, towed by boats, or on, in
or along the waters of this Commonwealth.
(2) Protection of property on, in or along the waters of this Commonwealth and of fish
and other aquatic life in such waters.
(3) Boat noise and sound levels.
(4) Capacity and loading of boats.
(5) Equipment requirements for boats, operators of boats, passengers on boats and persons
towed or pulled by boats.
(6) Lights, signals, courses, channels, rights-of-way and hazards to navigation.
(7) The placing and lighting of aids, markers, floats, ramps or other devices or structures
of any description in the waters of this Commonwealth.
(8) Disposal of oil, gas, gasoline, trash, rubbish, debris, wastes and other things and
substances of any description from boats.
(9) Procedures to be followed and information to be supplied by owners and operators of
boats in reporting boating accidents.
(b) Penalties.--Any person who violates a rule or regulation promulgated under this section which
the commission designates as being for the protection of the health and safety of
persons as provided by subsection (a)(1) commits a summary offense of the second degree.
Any person who violates any other regulation promulgated under this section commits
a summary offense of the third degree. In addition to any other penalty, any person
who is convicted or acknowledges guilt for an offense of possessing insufficient,
nonapproved or unserviceable safety equipment on a boat, or for passengers, or persons
being towed by a boat on the waters of this Commonwealth may be fined an additional
penalty of not less than $20 nor more than $50 for every piece of safety equipment
required that is missing, not worn when required, not of an approved type or unserviceable.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41,
eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
2012 Amendment. Act 211 amended subsec. (b).
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1988–2024 · leading case:
Commonwealth v. A.D.B., 752 A.2d 438 (Pa. Commw. Ct. 2000).
Commonwealth v. A.D.B., 752 A.2d 438 (Pa. Commw. Ct. 2000).
· cites it 4× “Safe Speed Violation, 30 Pa.C.S. § 5123(a)(1), 58 Pa.Code § 103.”
Com. v. ADB, 752 A.2d 438 (Pa. Commw. Ct. 2000).
· cites it 5× “Safe Speed Violation, 30 Pa.C.S. § 5123(a)(1), 58 Pa.Code § 103.”
Com. of PA v. F.W. Karash (Pa. Commw. Ct. 2024).
· cites it 2× “” 30 Pa.C.S. § 5123(a). In relevant part, the Commission’s regulations may relate to the “[p]rotection of the health and safety of persons on boats, towed by boats, or on, in or along the waters of this Commonwealth[,]” as well as the “[e]quipment requirements for boats,…”
Larrimer v. Commonwealth, 541 A.2d 443 (Pa. Commw. Ct. 1988).
“Larrimer was convicted of violating Section 5123(a)(5) of the Code, 30 Pa. C. S. §5123(a)(5), relating to equipment requirements for boats, and Thomas E.”
Commonwealth v. Martin, 10 Pa. D. & C.5th 129 (2010).
· cites it 2× “The provisions of 30 Pa.C.S. §5123 authorize the Fish and Boat Commission to “promulgate such rules and regulations as it deems appropriate to provide for the operation and navigation of boats, including the rules of the road for boating, the ways, manner, methods and means of…”
— 30 Pa. Cons. Stat. § 5123(a) — 2 cases
Com. of PA v. F.W. Karash (Pa. Commw. Ct. 2024).
“” 30 Pa.C.S. § 5123(a). In relevant part, the Commission’s regulations may relate to the “[p]rotection of the health and safety of persons on boats, towed by boats, or on, in or along the waters of this Commonwealth[,]” as well as the “[e]quipment requirements for boats,…”
Commonwealth v. Martin, 10 Pa. D. & C.5th 129 (2010).
“The provisions of 30 Pa.C.S. §5123 authorize the Fish and Boat Commission to “promulgate such rules and regulations as it deems appropriate to provide for the operation and navigation of boats, including the rules of the road for boating, the ways, manner, methods and means of…”
— 30 Pa. Cons. Stat. § 5123(a)(1) — 3 cases
Commonwealth v. A.D.B., 752 A.2d 438 (Pa. Commw. Ct. 2000).
“Safe Speed Violation, 30 Pa.C.S. § 5123(a)(1), 58 Pa.Code § 103.”
Com. v. ADB, 752 A.2d 438 (Pa. Commw. Ct. 2000).
“Safe Speed Violation, 30 Pa.C.S. § 5123(a)(1), 58 Pa.Code § 103.”
Com. of PA v. F.W. Karash (Pa. Commw. Ct. 2024).
“” 30 Pa.C.S. § 5123(a). In relevant part, the Commission’s regulations may relate to the “[p]rotection of the health and safety of persons on boats, towed by boats, or on, in or along the waters of this Commonwealth[,]” as well as the “[e]quipment requirements for boats,…”
— 30 Pa. Cons. Stat. § 5123(a)(5) — 1 case
Larrimer v. Commonwealth, 541 A.2d 443 (Pa. Commw. Ct. 1988).
“Larrimer was convicted of violating Section 5123(a)(5) of the Code, 30 Pa. C. S. §5123(a)(5), relating to equipment requirements for boats, and Thomas E.”
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