Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Definitions. The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise:
Boat-towed device-An inflatable tube or
other device designed to be sat, stood, kneeled or laid upon while being towed
through or on water behind a boat. The term includes water skis, aquaplanes,
kneeboards, inner tubes, inflatable hot dogs, air mattresses, parasails, kite
skis and similar devices.
Boat-towed watersports-Activities that
involve being towed by a boat or riding in or on the wake of a boat such as,
but not limited to, waterskiing, wake surfing and tubing.
Competent observer-A person who has the
ability to assess when a person being towed behind a boat is in trouble, knows
and understands the waterskiing hand signals, and is capable of helping a
person being towed.
PFD-Personal Flotation Device as defined
in §
97.1 (relating to personal
flotation devices).
Trick-skier-A water-skier who can be
identified by body movements and skiing positions, which readily differentiate
the trick-skier from the ordinary "forward" skier engaged in straight skiing or
slalom and jump events, and also by the following:
(i)
Skis. Short (38
inches-40 inches) and wide (8 inches-9 inches) with no keels on
bottom.
(ii) Speed of
tow. Slow (12-18 miles per hour).
(iii)
Rope. Short (40 to 50 feet) and often with
toehold strap attached to handle.
Wake surfing-A competitive or recreational
water sport in which a person on a wake board or similar style board rides in
or on the wake of a motorboat.
Water ski-A single or pair of long flat
runners designed to be used by a person for planing over water while being
towed behind a boat.
Waterskiing-A competitive or recreational
water sport in which a person is towed across the water's surface behind a boat
in any fashion on a water ski as defined in this subsection or on their bare
feet.
(b)
Hours. Waterskiing and other boat-towed watersports are
prohibited between the hours of sunset and sunrise.
(c)
Observer required. The
following conditions apply:
(1)
General rule. Except as otherwise provided in this subsection,
it is unlawful for a person to operate a boat towing or otherwise assisting a
person on water skis or other boat-towed watersports unless there is at least
one competent observer in the boat in addition to the operator of the boat. The
observer shall be positioned in the boat to observe the progress of the person
being towed. It is unlawful for a person to water ski or ride a towed device
being towed by a watercraft or device not containing an operator and observer
as required by this subsection.
(2)
Special conditions. The Executive Director, or a designee, may
issue a permit to allow a limited exception to paragraph (1). A permit issued
under this paragraph will permit operation of a boat towing a water-skier
without an observer, in addition to the operator, on board the boat. These
operations will be permitted only under the following conditions:
(i) Both the operator of the boat and the
water-skier meet safety training requirements as evidenced by documented
completion of a safe boating course and active membership in a State or
National waterskiing organization, which provides members with information on
waterskiing safety.
(ii) The
operator fulfills the definition of a "competent observer" as set forth in this
section, wears an approved PFD and is a person 18 years of age or
older.
(iii) The boat is equipped
with the following:
(A) A rearview mirror
which is at least 5 inches by 10 inches configured so that the operator may at
all times observe the progress of the person being towed.
(B) A ski platform
(C) A boom, towing eye or pylon mounted
permanently inside the hull of the boat to which the towing rope is
secured.
(iv) Only one
person is being towed.
(v) The
water skis or other device on which the person is riding are attached only to
the person and not to the boat.
(vi) Conditions, including weather, other
boating activities and congestion in the vicinity of the proposed operation, do
not impede safe and prudent boat or waterskiing operations.
(vii) The waterskiing takes place before the
hour of 10 a.m. on a day other than a weekend or holiday. The Executive
Director, for good cause shown, may permit waterskiing under this section on a
Saturday or Sunday before the hour of 10 a.m. if the Executive Director finds
that other boating activities on the waters at the same time will not interfere
with the waterskiing.
(viii) The
waterskiing takes place on waters described and approved for the operations in
the permit.
(ix) The waterskiing
takes place when the Executive Director or a designee indicates in the
permit.
(x) The boat towing the
water-skier displays a special water ski flag of a size and design approved by
the Commission.
(xi) The permittee
carries the permit onboard while operating the boat towing a water-skier
without an observer.
(d)
Umbilical or remote
controls. A person may not operate a device which is controlled by a
person connected to the power source by means of an umbilical or remote
control, or both, which tows the person on or through the water.
(e)
Tow ropes. Tow ropes may
not exceed the following lengths:
(1)
Conventional water skis and other devices, unless listed below-80
feet.
(2) Nonreleasable kite
ski-150 feet.
(3) Releasable kite
ski-500 feet.
(4) Parasails-300
feet.
(5) Commercial winch boat
parasails-600 feet.
(f)
PFDs. It is unlawful for a person to operate a boat on the
waters of this Commonwealth for:
(1)
Waterskiing and other boat-towed watersports (except wake surfing) unless each
person being towed is wearing a United States Coast Guard approved wearable PFD
in accordance with § 97.1. Inflatable PFDs may not be used to meet this
requirement.
(2) Wake surfing
unless the wake surfer is wearing a United States Coast Guard approved wearable
PFD in accordance with §
97.1 or water ski wetsuit as
defined in subsection (g). Inflatable PFDs may not be used to meet this
requirement.
(g)
Water ski wetsuits. A person engaged in slalom skiing on a
marked course or a person engaged in barefoot, jump or trick skiing, or wake
surfing may elect to wear a wetsuit designed specifically for the activity in
lieu of the United States Coast Guard approved wearable PFD required in §
97.1. A United States Coast Guard
approved wearable PFD described in §
97.1 shall be carried in the tow
boat for each skier electing to wear a water ski wetsuit. The nonapproved water
ski wetsuit device shall meet the following criteria:
(1) The device shall be marked by the
manufacturer as a water ski wetsuit.
(2) The device shall be constructed of nylon
covered neoprene or similar material and may have either long or short sleeves
or be sleeveless. The device may have legs.
(3) The device shall be equipped with
additional flotation padding material of a close cell nonabsorptive type such
as PVC foam or Ensolite®. This flotation/padding shall be sewn into the
device according to the following:
(i) On the
front extending from the clavicle to the top of the pelvis vertically and
covering the front rib cage area and covering as much of the side area as
feasible. A maximum gap between padded areas on the side of the suit under the
arm is 4 inches.
(ii) On the rear
of the device, padding/flotation material shall cover the area from the top of
the shoulder blade to the top of the pelvis and span the entire width of the
back.
(iii) Padding/flotation shall
be at least 1/2-inch thick. This thickness excludes the thickness of covering
material.
(h)
Starting and returning from shore or dock. Notwithstanding the
slow, no wake restrictions contained in §
103.3(b)
(relating to restriction for special areas), skiers are permitted to start from
the shore or dock if the traffic situation permits this to be done safely and
in accordance with other water ski regulations. A water-skier is not permitted
to be returned to dock or shore under power. The skier shall release outside
the 100-foot limit. The skier may then coast or glide toward the shore or dock,
if the skier does not endanger life and property in so doing and steers clear
of swimmers, docks and boats.
(i)
Ski ramps and jumps. Ski ramps or jumps, authorized in
accordance with §
113.10 (relating to permits for
installation and lighting of floats, ski ramps and other floating structures)
shall have attached on each side a sign which will be evidence that the
installation is authorized and warn boaters against mooring or drifting within
100 feet of the jump while it is in use.
(j)
Kiteskiing and
parasailing. The following additional restrictions are applicable to
kiteskiing and parasailing:
(1) Kiteskiing
and parasailing is prohibited on waters where waterskiing is prohibited or is
subject to special regulation.
(2)
Kiteskiing or parasailing is prohibited on water when other boating activities
or congestion impedes safe and prudent operations.
(3) Kite skiers and parasailers may not fly
over or under overhead obstructions such as power and telephone lines or
bridges; nor may they fly over dams, locks, docks, launching ramps, swim areas,
marinas or congested areas.
(k)
Wake surfing. Boats
engaged in the activity of wake surfing are limited to slow, no wake speed when
within 200 feet of the following:
(1) Shore
line.
(2) Docks.
(3) Launching ramps.
(4) Swimmers or downed skiers.
(5) Persons wading in the water.
(6) Anchored, moored or drifting
boats.
(7) Floats, except for ski
jumps and ski landing floats.
(8)
Other marked areas.
The provisions of this § 109.4 amended under
30 Pa.C.S. §§
741,
2502,
5122 and
5123; and section 506 of
The Administrative Code of 1929 (71 P. S. §
186).
This section cited in 58 Pa. Code §
53.8 (relating to boats); and 58
Pa. Code §
105.3 (relating to unacceptable
boating practices).
