Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters.

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S1639-2013 Actions

• May 23, 2013: ADVANCED TO THIRD READING
• May 22, 2013: 2ND REPORT CAL.
• May 21, 2013: 1ST REPORT CAL.681
• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1639-2013 Meetings

Transportation: May 21, 2013

S1639-2013 Calendars

Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S1639-2013 Votes

S1639-2013 Memo

BILL NUMBER:S1639          REVISED MEMO 05/21/13

TITLE OF BILL:  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

PURPOSE:

The requirement of completing a boating safety course will be a
positive step to help decrease the amount of boating accidents and
deaths on our waterways caused by inexperienced and/or reckless
boaters.

SUMMARY OF PROVISIONS:

This bill would require that all boat operators on mechanically
propelled vessels who were born on or after January 1, 1995 must hold
a Boating Safety Certificate issued to him or her by the Commissioner.
The Commissioner may designate as his or her agent any person they
deemed qualified, including, but not limited to, certified instructors
of the United States Coast Guard Auxiliary, United States Power
Squadrons. Exempt from these requirements is any operator who is
accompanied by a person who is 18 years of age and who either holds a
Boating Safety Certificate or is not required to hold a Boating Safety
Certificate. Boat operators who are also owners of a recently
purchased vessel may operate the vessel for up to ninety (90) days
without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended by adding a new
subdivision 1-a allowing a livery to lease, hire or rent a
mechanically propelled vessel, except a personal watercraft or
specialty prop craft, to a person who does not possess a Boating
Safety Certificate if the person is 18 years or older showing genuine
proof of identification, that the operator of the livery is the holder
of a Boating Safety Certificate, and provides instruction of boat
operation including a provision of maps.

JUSTIFICATION:

To ensure that all persons who operate a mechanically propelled vessel
understand the proper boating laws. Inexperienced and/or reckless
boaters cause a great deal of danger and property damage when they
irresponsibly drive at excessive speeds white not obeying navigation
laws or do not understand the laws. Many boaters have never taken a
boating safety course and while they-may think they are abiding by the
navigation laws, they put themselves, as well as others, in danger.
While the vast majority of boat operators may know every aspect of
navigation, there are many who do not realize the potential for damage
that can be caused with the slightest mistake while boating in a
heavily boated waterway and being unaware of the correct procedures.
This legislation enjoys broad support. For example, boating safety
experts and instructors such as the U.S. Power Squadrons, New Jersey
Maritime Association, and boating associations such as the Tug and
Barge Association support this legislation.


This legislation provides ninety days for new boat owners to obtain
the certificate and exempts liveries with certain requirements. This
legislation does not apply to canoes, kayaks or rowboats.

LEGISLATIVE HISTORY:

S.6623 - 2012 - Transportation; Passed the Assembly S.5752-D 2009-10 -
Transportation; Passed the Assembly S.8073 2007-2008 - Referred to
Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S1639-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1639

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  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:


    Section  1.  Subdivision  1  of  section  49 of the navigation law, as
  amended by chapter 805 of the laws  of  1992,  is  amended  to  read  as
  follows:

    1.  No person [under the age of eighteen years] BORN ON OR AFTER JANU-
  ARY FIRST, NINETEEN HUNDRED NINETY-FIVE  shall  operate  a  mechanically
  propelled  vessel on the navigable waters of the state or any tidewaters
  bordering on or lying within the boundaries of Nassau and Suffolk  coun-
  ties, unless:

    a.  [the  operator  is accompanied therein by a person who is eighteen
  years of age or older, or,
    b. the operator is ten years of age or older and is the  holder  of  a
  boating safety certificate issued to him by the commissioner, the United
  States  Power Squadrons or the United States coast guard auxiliary.] THE
  OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
  CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED  STATES
  POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
    B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
  NIED  ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
  AT LEAST EIGHTEEN YEARS OF AGE AND IS
    (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
  THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
  COAST GUARD AUXILIARY, OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04200-01-3

 S. 1639                             2

    (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
  ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
    C.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
  REQUIRED BY THIS SUBDIVISION TO HOLD A  BOATING  SAFETY  CERTIFICATE  IN
  ORDER  TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON
  THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
  EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
    D. THE OPERATOR IS THE OWNER OF A RECENTLY PURCHASED  VESSEL  AND  MAY
  OPERATE  SUCH  VESSEL  WITHOUT  THE  OTHERWISE  REQUIRED  BOATING SAFETY
  CERTIFICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM THE DATE
  OF PURCHASE.
    THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:

  CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS  OF
  THE  UNITED  STATES  POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST
  GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT  TO  SECTION
  SIXTY-FOUR  OF  THIS  ARTICLE;  POLICE  OFFICERS,  PEACE  OFFICERS, FIRE
  PERSONNEL, RESCUE PERSONNEL OR  LIFEGUARDS,  WHEN  ANY  SUCH  PERSON  IS
  ACTING  PURSUANT  TO  ASSIGNED DUTIES; OR LICENSED TO OPERATE VESSELS BY
  THE UNITED STATES COAST GUARD OR THE CANADIAN COAST GUARD.  THE  COMMIS-
  SIONER,  BY  RULE  OR REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDI-
  TIONAL PERSONS NOT LISTED IN THIS PARAGRAPH  FROM  THE  REQUIREMENTS  OF
  THIS SECTION.
    S  2.    Paragraphs  a, b, and c of subdivision 3 of section 49 of the
  navigation law are REPEALED and four new paragraphs a, b, c  and  d  are
  added to read as follows:

    A.  THE  OPERATOR IS BORN ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN
  HUNDRED NINETY-FOUR; OR,
    B. THE OPERATOR IS BORN ON OR AFTER JANUARY  FIRST,  NINETEEN  HUNDRED
  NINETY-FIVE, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING
  SAFETY  CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED
  STATES POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR
    C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
  NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE  PERSON  EIGH-
  TEEN YEARS OF AGE OR OLDER AND IS:

    (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
  THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
  COAST GUARD AUXILIARY, OR
    (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
  SAFETY  CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL;
  OR
    D. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
  REQUIRED  BY  SUBDIVISION  ONE  OF THIS SECTION TO HOLD A BOATING SAFETY
  CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND  IS
  ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
  HOLDER OF A BOATING SAFETY CERTIFICATE.
    S  3.  Section  75 of the navigation law, as amended by chapter 138 of
  the laws of 1998, is amended to read as follows:

    S 75. Educational program. In order to protect the public interest  in
  the prudent and equitable use of the waters of the state and enhance the
  enjoyment of pleasure boating and other sports thereon, the commissioner
  shall  initiate  and put into effect a comprehensive educational program
  designed to advance boating safety [including], WHICH PROVIDES  FOR  the
  training  of  [youthful]  ALL  boat  operators  [and  an adult education
  program for] IN the safe operation of vessels including personal  water-
  craft and specialty prop-craft.

 S. 1639                             3

    S  4. Subdivision 1 of section 78 of the navigation law, as amended by
  chapter 138 of the laws of 1998, is amended to read as follows:

    1. "Boating safety certificate" shall mean a certificate issued by the
  commissioner   evidencing  that  the  holder  thereof  has  successfully
  completed a course of instruction in boating safety  as  [herein  after]
  provided IN THIS SECTION.  The commissioner shall put into effect a plan
  for  the  training  of [youthful] ALL boat operators and the issuance of
  such boating safety certificates.  For the purposes of this section, the
  term "boating safety" shall include instruction in the safe operation of
  personal watercraft and specialty prop-craft.
    S 5. Section 79 of the navigation law, as amended by  chapter  169  of
  the laws of 2004, is amended to read as follows:

    S 79.  Courses  of instruction. For the purpose of giving such courses
  of instruction and  awarding  boating  safety  certificates,  [including
  those  issued  to  adults  for  the  safe operation of vessels including
  personal watercraft or specialty prop-craft] the commissioner may desig-
  nate as his or her agent any person the commissioner deems qualified  to
  act  in such capacity, including, but not limited to, certified instruc-
  tors of the United States coast guard  auxiliary,  United  States  power
  squadrons,  American  power boat association, boy scouts of America, Red
  Cross and other organizations. No charge whatsoever shall be made to any
  person less than eighteen years of age for the  issuance  of  a  boating
  safety  certificate.  Persons  less  than  eighteen  years of age may be
  charged a fee for instruction in boating safety, except that the  office
  may  not  charge  a  fee when providing such instruction to persons less
  than eighteen years of age.
    S 6. Section 71-d of the navigation law is amended  by  adding  a  new
  subdivision 1-a to read as follows:

    1-A.  NOTWITHSTANDING  SUBDIVISION  ONE  OF SECTION FORTY-NINE OF THIS
  ARTICLE, A LIVERY MAY LEASE,  HIRE  OR  RENT  A  MECHANICALLY  PROPELLED
  VESSEL,  EXCEPT  A  PERSONAL  WATER  CRAFT OR SPECIALTY PROP CRAFT, TO A
  PERSON WHO IS NOT THE HOLDER OF A BOATING SAFETY CERTIFICATE IF:

    (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
    (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
  HOLDER OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE  USE
  BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
  VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
  THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
    (C)  SUCH  PERSON,  AFTER  RECEIVING THE EXPLANATION AND DEMONSTRATION
  REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES  TO
  THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
  TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
    (D)  THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS FOR
  THE LOCAL AREA;
    (E) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION  AND  AGE  TO
  THE LIVERY OPERATOR;
    (F)  THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT, AT
  THE TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME,  ADDRESS,
  AND  AGE  OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL, AND THE
  MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
  DOCUMENTATION NUMBERS OF THE  LEASED,  HIRED,  OR  RENTED  VESSEL.  SUCH
  RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
    (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
  PERIOD EXCEEDING SIXTY DAYS.
    S  7. This act shall take effect on the first of January next succeed-
  ing the date on which it shall have become a law.