Revocation, suspension or denial of license, permit or registration

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(a) Revocation or denial.--Any fishing license, special license or permit or privilege, including boating privileges, granted under the authority of this title may be revoked by the commission, in its discretion, when the holder of the license, permit or privilege is convicted of or pleads guilty to an offense under this title. Further, the commission, in its discretion, may refuse to grant to that person any new fishing license, special license or permit or privilege for a period not exceeding five years.

(b) Suspension.--The commission shall for a period of one year suspend the privilege of operating a watercraft on the waters of this Commonwealth of any individual who is convicted of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) or 5502.1 (relating to homicide by watercraft while operating under influence) or is adjudicated delinquent based on section 5502 or 5502.1. If an individual is imprisoned for violating section 5502 or 5502.1, the period of suspension imposed under this subsection may not commence until the date of the individual's release from prison.

(c) Rules and regulations.--The commission may promulgate regulations specifying the procedures to be followed in revoking or suspending fishing licenses, special licenses and permits and privileges under this section.

(d) Penalty.--A person commits a misdemeanor of the third degree if he performs an act for which a fishing license, special license, permit or boat registration is required or exercises a privilege, including the privilege to operate a watercraft on the waters of this Commonwealth, while the license, permit or privilege is suspended or revoked. A person commits a misdemeanor of the second degree if he commits a second or subsequent violation of a suspension or revocation during its term.

(e) Safe boating course required.--In addition to or in lieu of a revocation, denial or suspension of any license or privilege under this section, the commission may, in its discretion, require the individual to successfully complete a commission-approved safe boating course in the case of boating violations or a fishing ethics/conservation course in the case of fishing violations. The commission may revoke, deny or suspend any licenses or fishing and boating privileges of a person who, having been ordered to complete a course under this subsection, fails to do so. An order to complete a course under this subsection shall be appealable in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and the regulations promulgated thereunder.

(May 30, 1984, P.L.339, No.68, eff. 60 days; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Oct. 24, 2012, P.L.1323, No.167, eff. imd.)

2012 Amendment. Act 167 amended subsecs. (a), (b) and (d). Section 5(2) of Act 167 provided that the amendment of subsecs. (a), (b) and (d) shall apply to violations occurring on or after the effective date of Act 167.

1999 Amendment. Act 41 amended subsec. (a) and added subsec. (e).

Cross References. Section 928 is referred to in section 5506 of this title.


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