CHAPTER 55
OPERATION OF BOATS
Sec.
5501. Reckless and negligent operation of watercraft.
5502. Operating watercraft under influence of alcohol or controlled substance.
5502.1. Homicide by watercraft while operating under influence.
5502.2. Homicide by watercraft.
5502.3. Aggravated assault by watercraft while operating under influence.
5502.4. Aggravated assault by watercraft.
5503. Accident reports.
5504. Liability for damage caused by operator.
5505. Unauthorized operation of boats.
5506. Permitting violations.
5507. Duties of operators involved in boating accidents.
Enactment. Chapter 55 was added October 16, 1980, P.L.996, No.175, effective in 90 days.
§ 5501. Reckless and negligent operation of watercraft.
(a) Reckless operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth
in a reckless manner. For the purposes of this subsection, reckless operation means
operating a watercraft in a manner that consciously, willfully and wantonly disregards
a substantial and unjustifiable risk to the safety of persons or property in, upon
or along the waters of this Commonwealth. Reckless operation of a watercraft involves
a gross deviation from the standard of care that a reasonable operator of a watercraft
should observe under the circumstances. A person who violates this subsection commits
a misdemeanor of the third degree.
(b) Negligent operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth
in a negligent manner. A person commits negligent operation of a watercraft if he
operates the watercraft without due regard for the safety of persons or property in,
upon or along the waters of this Commonwealth. Negligent operation of a watercraft
involves a deviation from the ordinary standard of care that a reasonable operator
of a watercraft should observe under the circumstances. A person who violates this
subsection commits a summary offense of the first degree. Negligent operation is a
lesser included offense of reckless operation of a watercraft.
(c) Aquaplanes and similar devices.--No person shall operate or manipulate any boat, tow rope, aquaplane or similar device
in such a way as to cause the device or person thereon to collide with or strike against
any object or person or in any way cause damage or injury to any object or person.
A person who violates this subsection commits a summary offense of the first degree.
(d) Exceeding capacity prima facie evidence of negligence.--Exceeding the loading and horsepower limits for a boat as provided on the capacity
plate issued for the boat is prima facie evidence of negligent operation of the boat.
Notes of Decisions
Cited in
7
cases, 1993–2002 · leading case:
Commonwealth v. Long, 624 A.2d 200 (Pa. Super. Ct. 1993).
Commonwealth v. Long, 624 A.2d 200 (Pa. Super. Ct. 1993).
· cites it 3× “30 Pa.C.S. § 5501(a). Negligent operation of a watercraft involves a deviation from the ordinary standard of care that a reasonable operator of a watercraft should observe under the' circumstances.”
Commonwealth v. Rachau, 670 A.2d 731 (Pa. Commw. Ct. 1996).
· cites it 2× “§ 5502(a)(1) and (4), one count of Reckless *733 Operation of a Watercraft, 30 Pa.C.S. § 5501(a), and one count of Negligent Operation of a Watercraft, 30 Pa.”
Commonwealth v. Moyer, 648 A.2d 42 (Pa. Super. Ct. 1994).
· cites it 3× “§ 5502(a)(1) and (a)(4); and reckless operation of watercraft, 30 Pa.C.S. § 5501(a). At appellant’s preliminary hearing on October 6, 1992, Richard Williams, the Commonwealth’s sole eyewitness and an acquaintance of both the victim and appellant, testified that he saw appellant…”
Commonwealth v. A.D.B., 752 A.2d 438 (Pa. Commw. Ct. 2000).
· cites it 4× “Negligent Operation of a Watercraft, 30 Pa.C.S. § 5501(b), a first degree summary offense.”
Com. v. ADB, 752 A.2d 438 (Pa. Commw. Ct. 2000).
· cites it 4× “Negligent Operation of a Watercraft, 30 Pa.C.S. § 5501(b), a first degree summary offense.”
Smith v. Haggerty, 169 F. Supp. 2d 376 (E.D. Pa. 2001).
“For example, 30 Pa.C.S. § 5501 makes it unlawful to operate a watercraft in a negligent or reckless fashion, and § 5504 pro *386 vides for the joint and several liability of the owners of the boat.”
Swords v. Bucher, 57 Pa. D. & C.4th 258 (2002).
“his motorboat while under the influence of alcoholic beverages to a degree which rendered him incapable of safely operating the boat; (e) Operating his motorboat when the defendant knew, or should have known, that he was unfit to do so; (f) Failing to exercise reasonable care in…”
— 30 Pa. Cons. Stat. § 5501(a) — 4 cases
Commonwealth v. Long, 624 A.2d 200 (Pa. Super. Ct. 1993).
“30 Pa.C.S. § 5501(a). Negligent operation of a watercraft involves a deviation from the ordinary standard of care that a reasonable operator of a watercraft should observe under the' circumstances.”
Commonwealth v. Rachau, 670 A.2d 731 (Pa. Commw. Ct. 1996).
“§ 5502(a)(1) and (4), one count of Reckless *733 Operation of a Watercraft, 30 Pa.C.S. § 5501(a), and one count of Negligent Operation of a Watercraft, 30 Pa.”
Commonwealth v. Moyer, 648 A.2d 42 (Pa. Super. Ct. 1994).
“§ 5502(a)(1) and (a)(4); and reckless operation of watercraft, 30 Pa.C.S. § 5501(a). At appellant’s preliminary hearing on October 6, 1992, Richard Williams, the Commonwealth’s sole eyewitness and an acquaintance of both the victim and appellant, testified that he saw appellant…”
Swords v. Bucher, 57 Pa. D. & C.4th 258 (2002).
“his motorboat while under the influence of alcoholic beverages to a degree which rendered him incapable of safely operating the boat; (e) Operating his motorboat when the defendant knew, or should have known, that he was unfit to do so; (f) Failing to exercise reasonable care in…”
— 30 Pa. Cons. Stat. § 5501(b) — 5 cases
Commonwealth v. Long, 624 A.2d 200 (Pa. Super. Ct. 1993).
“30 Pa.C.S. § 5501(a). Negligent operation of a watercraft involves a deviation from the ordinary standard of care that a reasonable operator of a watercraft should observe under the' circumstances.”
Commonwealth v. Rachau, 670 A.2d 731 (Pa. Commw. Ct. 1996).
“§ 5502(a)(1) and (4), one count of Reckless *733 Operation of a Watercraft, 30 Pa.C.S. § 5501(a), and one count of Negligent Operation of a Watercraft, 30 Pa.”
Commonwealth v. A.D.B., 752 A.2d 438 (Pa. Commw. Ct. 2000).
“Negligent Operation of a Watercraft, 30 Pa.C.S. § 5501(b), a first degree summary offense.”
Commonwealth v. Moyer, 648 A.2d 42 (Pa. Super. Ct. 1994).
“§ 5502(a)(1) and (a)(4); and reckless operation of watercraft, 30 Pa.C.S. § 5501(a). At appellant’s preliminary hearing on October 6, 1992, Richard Williams, the Commonwealth’s sole eyewitness and an acquaintance of both the victim and appellant, testified that he saw appellant…”
Com. v. ADB, 752 A.2d 438 (Pa. Commw. Ct. 2000).
“Negligent Operation of a Watercraft, 30 Pa.C.S. § 5501(b), a first degree summary offense.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.