Bill Text: NY S04026 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 4026

Introduced

Bill Title: Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while such operators are in the course of responding to emergencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-06 - referred to transportation [S04026 Detail]

Download: New_York-2023-S04026-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          4026

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cultural Affairs,
          Tourism, Parks and Recreation

        AN ACT to  amend  the  navigation  law,  in  relation  to  providing  an
          exemption  from certain laws for operators of law enforcement and fire
          department vessels responding to emergencies on the  navigable  waters
          of the state

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The navigation law is amended by adding a new section  39-c
     2  to read as follows:
     3    §  39-c.  Law enforcement and fire department vessels. 1. The operator
     4  of a law enforcement or fire department  vessel,  when  involved  in  an
     5  emergency  operation  on the navigable waters of the state, may exercise
     6  the privileges set forth in subdivision two of this section, but subject
     7  to the conditions set forth in  subdivisions  three  and  four  of  this
     8  section.
     9    2.  The  operator  of  a law enforcement or fire department vessel may
    10  disregard any law, rule or regulation of this state or any local law  or
    11  ordinance  of  a  municipality  of  this state governing the movement or
    12  turning of vessels upon such navigable waters.
    13    3. The privileges granted to the operator of a law enforcement or fire
    14  department vessel pursuant to this section shall apply only when audible
    15  signals are sounded from any such vessel while in motion by bell,  horn,
    16  siren,  electronic device or exhaust whistle as may be reasonably neces-
    17  sary, and when the vessel is equipped with at least one lighted lamp  so
    18  that  from  any  direction,  under  normal atmospheric conditions from a
    19  distance of five hundred feet from such vessel, at least one blue or red
    20  light will be displayed and visible.
    21    4. The provisions of this section shall not relieve the operator of  a
    22  law  enforcement or fire department vessel from the duty to operate such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08288-01-3

        S. 4026                             2

     1  vessel with due regard for the safety of all  persons,  nor  shall  such
     2  provisions  protect  the  operator  from  the consequences of his or her
     3  reckless disregard for the safety of others.
     4    § 2. This act shall take effect immediately.