Sec. 5. (a) This section does not apply to a person who uses a regulated lifting device unless the person also has authority to:

(1) construct, repair, or maintain the regulated lifting device; or

(2) place the regulated lifting device out of service.

     (b) This section applies to the following:

(1) Each person who operates a regulated lifting device.

(2) Each person who has control over the operation of a regulated lifting device.

(3) Each person who has control over the place where a regulated lifting device is operated.

     (c) A person described in subsection (b) commits a Class C infraction if:

(1) a regulated lifting device is operated; and

(2) no regulated lifting device operating permit covers the operation.

As added by P.L.245-1987, SEC.4.