Bill Text: NY S05752 | 2009-2010 | General Assembly | Amended
Bill Title: Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-24 - PRINT NUMBER 5752D [S05752 Detail]
Download: New_York-2009-S05752-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5752--D
2009-2010 Regular Sessions
I N S E N A T E
June 3, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Transportation in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the navigation law, in relation to requiring all persons
operating a mechanically propelled vessel to be a holder of a boating
safety certificate; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 49 of the navigation law, as
2 amended by chapter 805 of the laws of 1992, is amended to read as
3 follows:
4 1. No person [under the age of eighteen years] BORN ON OR AFTER JANU-
5 ARY FIRST, NINETEEN HUNDRED NINETY-TWO shall operate a mechanically
6 propelled vessel on the navigable waters of the state or any tidewaters
7 bordering on or lying within the boundaries of Nassau and Suffolk coun-
8 ties, unless:
9 a. [the operator is accompanied therein by a person who is eighteen
10 years of age or older, or,
11 b. the operator is ten years of age or older and is the holder of a
12 boating safety certificate issued to him by the commissioner, the United
13 States Power Squadrons or the United States coast guard auxiliary.] THE
14 OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01703-18-0
S. 5752--D 2
1 CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES
2 POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
3 B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
4 NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
5 AT LEAST EIGHTEEN YEARS OF AGE AND IS
6 (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
7 THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
8 COAST GUARD AUXILIARY, OR
9 (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
10 ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
11 C. THE OPERATOR IS EIGHTEEN YEARS OF AGE OR OLDER, IS A PERSON
12 REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIFICATE IN
13 ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON
14 THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
15 EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
16 D. THE OPERATOR IS THE OWNER OF A RECENTLY PURCHASED VESSEL AND MAY
17 OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF-
18 ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM THE DATE OF
19 PURCHASE.
20 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
21 CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS OF
22 THE UNITED STATES POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST
23 GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT TO SECTION
24 SIXTY-FOUR OF THIS ARTICLE; POLICE OFFICERS, PEACE OFFICERS, FIRE
25 PERSONNEL, RESCUE PERSONNEL OR LIFEGUARDS, WHEN ANY SUCH PERSON IS
26 ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO OPERATE VESSELS BY
27 THE UNITED STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
28 SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDI-
29 TIONAL PERSONS NOT LISTED IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
30 THIS SECTION.
31 S 2. Paragraphs a, b, and c of subdivision 3 of section 49 of the
32 navigation law are REPEALED and four new paragraphs a, b, c and d are
33 added to read as follows:
34 A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN
35 HUNDRED NINETY-ONE; OR,
36 B. THE OPERATOR IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
37 NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING
38 SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED
39 STATES POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR
40 C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
41 NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON EIGH-
42 TEEN YEARS OF AGE OR OLDER AND IS:
43 (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
44 THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
45 COAST GUARD AUXILIARY, OR
46 (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
47 SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL;
48 OR
49 D. THE OPERATOR IS EIGHTEEN YEARS OF AGE OR OLDER, IS A PERSON
50 REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING SAFETY
51 CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS
52 ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
53 HOLDER OF A BOATING SAFETY CERTIFICATE.
54 S 3. Section 75 of the navigation law, as amended by chapter 138 of
55 the laws of 1998, is amended to read as follows:
S. 5752--D 3
1 S 75. Educational program. In order to protect the public interest in
2 the prudent and equitable use of the waters of the state and enhance the
3 enjoyment of pleasure boating and other sports thereon, the commissioner
4 shall initiate and put into effect a comprehensive educational program
5 designed to advance boating safety [including], WHICH PROVIDES FOR the
6 training of [youthful] ALL boat operators [and an adult education
7 program for] IN the safe operation of vessels including personal water-
8 craft and specialty prop-craft.
9 S 4. Subdivision 1 of section 78 of the navigation law, as amended by
10 chapter 138 of the laws of 1998, is amended to read as follows:
11 1. "Boating safety certificate" shall mean a certificate issued by the
12 commissioner evidencing that the holder thereof has successfully
13 completed a course of instruction in boating safety as [herein after]
14 provided IN THIS SECTION. The commissioner shall put into effect a plan
15 for the training of [youthful] ALL boat operators and the issuance of
16 such boating safety certificates. For the purposes of this section, the
17 term "boating safety" shall include instruction in the safe operation of
18 personal watercraft and specialty prop-craft.
19 S 5. Section 79 of the navigation law, as amended by chapter 169 of
20 the laws of 2004, is amended to read as follows:
21 S 79. Courses of instruction. For the purpose of giving such courses
22 of instruction and awarding boating safety certificates, [including
23 those issued to adults for the safe operation of vessels including
24 personal watercraft or specialty prop-craft] the commissioner may desig-
25 nate as his or her agent any person the commissioner deems qualified to
26 act in such capacity, including, but not limited to, certified instruc-
27 tors of the United States coast guard auxiliary, United States power
28 squadrons, American power boat association, boy scouts of America, Red
29 Cross and other organizations. No charge whatsoever shall be made to any
30 person less than eighteen years of age for the issuance of a boating
31 safety certificate. Persons less than eighteen years of age may be
32 charged a fee for instruction in boating safety, except that the office
33 may not charge a fee when providing such instruction to persons less
34 than eighteen years of age.
35 S 6. Section 71-d of the navigation law is amended by adding a new
36 subdivision 1-a to read as follows:
37 1-A. NOTWITHSTANDING SUBDIVISION ONE OF SECTION FORTY-NINE OF THIS
38 ARTICLE, A LIVERY MAY LEASE, HIRE OR RENT A MECHANICALLY PROPELLED
39 VESSEL, EXCEPT A PERSONAL WATER CRAFT OR SPECIALTY PROP CRAFT, TO A
40 PERSON WHO IS NOT THE HOLDER OF A BOATING SAFETY CERTIFICATE IF:
41 (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
42 (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
43 HOLDER OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE USE
44 BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
45 VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
46 THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
47 (C) SUCH PERSON, AFTER RECEIVING THE EXPLANATION AND DEMONSTRATION
48 REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES TO
49 THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
50 TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
51 (D) THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS FOR
52 THE LOCAL AREA;
53 (E) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
54 THE LIVERY OPERATOR;
55 (F) THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT, AT
56 THE TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME, ADDRESS,
S. 5752--D 4
1 AND AGE OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL, AND THE
2 MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
3 DOCUMENTATION NUMBERS OF THE LEASED, HIRED, OR RENTED VESSEL. SUCH
4 RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
5 (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
6 PERIOD EXCEEDING SIXTY DAYS.
7 S 7. This act shall take effect January 1, 2011.
