58 Pa. Code Subchapter B. Administration Of Limited Police Powers By Waterways Conservation Officer

Pennsylvania Code

Subchapter B. ADMINISTRATION OF LIMITED POLICE POWERS BY WATERWAYS CONSERVATION OFFICER

Sec.

51.11.    General.
51.12.    Policies.
51.13.    Procedures.
51.14.    [Reserved].
§ 51.11. General.

(a)  The primary responsibility of a waterways conservation officer is the enforcement of the code and this part. Section 901(a)(12) of the code (relating to powers and duties of waterways patrolmen and deputies) authorizes waterways conservation officers, when acting within the scope of their employment, to pursue, apprehend or arrest a person suspected of violating 18 Pa.C.S. (relating to the Crimes Code) or another offense classified as a misdemeanor or felony.
(b)  This subchapter sets forth the Commission’s policies and procedures on administration of police powers by waterways conservation officers. These policies and procedures are intended to serve as internal operating guidelines for waterways conservation officers. These policies and procedures will not be construed to detract from the authority granted by section 901(a)(12) of the code or to invalidate or otherwise affect the validity of an arrest, prosecution or other law enforcement actions undertaken by a waterways conservation officer. These policies and procedures confer no rights on persons charged with offenses by waterways conservation officers.

Source

   The provisions of this §  51.11 amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990. Immediately preceding text appears at serial page (153730).
§ 51.12. Policies.

(a)  It is the policy of the Commission that a waterways conservation officer should arrest or take other appropriate enforcement actions with respect to a violation of 18 Pa.C.S. (relating to the Crimes Code) or other offenses classified as misdemeanors or felonies only when the offense occurs in the officer’s presence while performing normal Commission law enforcement duties, and there is no officer present whose primary duty is enforcement of applicable State laws.
(b)  It is the policy of the Commission that a waterways conservation officer should become involved in enforcement of violations described in section 901(a)(2) of the code (relating to powers and duties of waterways patrolmen and deputies) only to the degree necessary to protect life and property.
(c)  The public may not be encouraged to believe that waterways conservation officer carries out general law enforcement work in parts of this Commonwealththat are some distance from police services. Complaints received shall be relayed to the proper enforcement agency, and the complainant so advised.

Source

   The provisions of this §  51.12 amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990. Immediately preceding text appears at serial page (153730).
§ 51.13. Procedures.

(a)  As soon as possible after taking action with respect to an offense described in section 901(a)(12) of the code (relating to powers and duties of waterways patrolmen and deputies), the officer will take reasonable steps to notify the law enforcement agency with primary jurisdiction over the offense so that it may initiate necessary further action.
(b)  A waterways conservation officer involved in enforcement actions with respect to offenses described in section 901(a)(12) of the code shall secure and maintain onsite information and evidence as deemed appropriate.
(c)  A waterways conservation officer involved in enforcement actions with respect to offenses described in section 901(a)(12) of the code shall file reports with supervisors that the Bureau of Law Enforcement requires.
(d)  The Bureau of Law Enforcement shall annually report to the Commission’s Law Enforcement Committee on the number and types of law enforcement actions undertaken under section 901(a)(12) of the code in the preceding year.

Source

   The provisions of this §  51.13 amended through February 4, 1983 effective January 1, 1983, 13 Pa.B. 614; amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990. Immediately preceding text appears at serial pages (153730) to (153731).

Notes of Decisions

   Although this section grants police authority to waterways conservation officers (WCO) they are not policemen entitled to bargaining rights. Keller v. Labor Relations Board, 593 A.2d 4, 6 (Pa. Cmwlth. 1991).
§ 51.14. [Reserved].

Source

   The provisions of this §  51.14 reserved September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990. Immediately preceding text appears at serial pages (153731) to (153732).

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