Bill S1639A-2013

Requires boating safety certificates of all persons operating a mechanically propelled vessel; repealer

Requires boating safety certificates of all persons operating a mechanically propelled vessel.

Details

Actions

  • Sep 27, 2013: SIGNED CHAP.361
  • Sep 17, 2013: DELIVERED TO GOVERNOR
  • Jun 21, 2013: returned to senate
  • Jun 21, 2013: passed assembly
  • Jun 21, 2013: ordered to third reading cal.252
  • Jun 21, 2013: substituted for a3471a
  • Jun 21, 2013: referred to codes
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 10, 2013: AMENDED ON THIRD READING 1639A
  • 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

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Memo

BILL NUMBER:S1639A

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:

Section 1 of the bill amends subdivision 1 of section 49 of the Navigation law to provide that no person born on or after May 1, 1996 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 counties unless:

a. the operator is at least 10 years old and is the holder of a boating safety certificate issued by the Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons or the United States Coast Auxiliary; or

b. the operator is younger than 18 years-of-age and is accompanied on the mechanically propelled vessel by at least one person who is at least 18 years-of-age and is the holder of a boating safety certificate or who is not required by this subdivision to hold a boating safety certificate; or

c. the operator is 18 years of age or older, is a person required by this subdivision to hold a boating safety certificate and is accompanied by at least one person who is at least 18 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 120 days from the date of purchase.

This section also provides that the provisions of this subdivision shall not apply to persons who are: born on or before April 30, 1996; certified by the Commissioner as boating safety instructors; members of the U.S. Power Squadrons; members of the U.S. Coast Guard Auxiliary; holders of a public vessel license; police officers, peace officers, fire personnel, rescue personnel or lifeguards, when acting pursuant to assigned duties; or licensed to operate vessels by the U.S. or Canadian Coast Guard. This section also provides that the Commissioner may, by rule or regulation, provide for the exemption of additional persons not specifically listed. Lastly, this section provides that the provisions of this subdivision shall supersede any local law or ordinance relating

to requirements for boating safety certificates to operate a mechanically propelled vessel.

Section 2 of the bill amends subdivision 3 of section 49 of the Navigation law to provide that no person who is the owner of a mechanically propelled vessel shall knowingly authorize or permit the operation thereof on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties unless:

a. the operator is born on or before April 30, 1996; or

b. the operator is born on or after May 1, 1996, is at least 10 years-of-age and is the holder of a boating safety certificate issued by the Commissioner, the U.S. Power Squadrons or the U.S. Coast Guard; or

c. the operator is younger than 18 years-of-age and is accompanied on the mechanically propelled vessel by at least one person 18 years-of-age or older who is the holder of a boating safety certificate or is not required by subdivision 1 of this section to hold a boating safety certificate in order to operate a mechanically propelled vessel; or

d. the operator is 18 years-of-age or older, is a person required by subdivision 1 of this section to hold a boating safety certificate and is accompanied by a person who is at least 18 years-of-age and is the holder of a boating safety certificate.

This section also provides that the provisions of this subdivision shall supersede any local law or ordinance relating to requirements for boating safety certificates to operate a mechanically propelled vessel.

Section 3 of the bill amends section 75 of the navigation law to stipulate that the existing comprehensive boating safety education program initiated and put into effect by the Commissioner shall provide for the training of all boat operators in the safe operation of vessels.

Section 4 of the bill amends subdivision 1 of section 78 of the Navigation law to stipulate that the existing plan put into effect by the Commissioner for boating safety training and the issuance of boating safety certificates shall apply to all boat operators. This section also adds a new subdivision 3 to this section that authorizes and directs the Commissioner to establish a system for tracking and replacing boating safety certificates that have been issued by the Commissioner, and further authorizes the Commissioner to require that any other entity approved by the Commissioner to provide courses of instruction and issue boating safety certificates also establish a system for tracking and replacing boating safety certificates so as to enable the replacement of lost or stolen certificates.

Section 5 of the bill amends section 79 of the Navigation law by numbering the first paragraph and adding a new paragraph 2 to authorize the Commissioner, at his or her discretion, to develop a method for approving internet-based boating safety courses as an

appropriate and effective method for the administration and completion of training in the safe operation of vessels, including personal watercraft and specialty prop-craft, for the purposes of awarding boating safety certificates.

Section 6 of the bill adds a new subdivision 1-a to section 71-d of the Navigation law to provide that a livery may lease, hire or rent a mechanically propelled vessel to a person who is not the holder of a boating safety certificate if:

a. the person is 18 years-of-age 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 of the vessel, explains and demonstrates, by video or actual demonstration, the operation of such vessel and the location of the vessel's safety equipment;

c. such person, after receiving the aforementioned explanation and demonstration, demonstrates the ability to operate the vessel and applicable safety equipment;

d. such person presents genuine proof of identification and age to the livery operator;

e. the livery operator, or his or her 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

f. the vessel is not leased, hired or rented to the same person for a period not exceeding sixty days.

Section 7 of the bill provides the effective date.

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 operate at excessive speeds while 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 120 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 and does not change existing law regarding the operation of personal watercraft or specialty prop-craft.

LEGISLATIVE HISTORY: S.6633 - 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 May next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1639--A Cal. No. 681 2013-2014 Regular Sessions IN 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 MAY FIRST, NINETEEN HUNDRED NINETY-SIX 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 (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 ONE HUNDRED TWENTY DAYS FROM THE DATE OF PURCHASE. E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE: BORN BEFORE APRIL THIRTIETH, NINETEEN HUNDRED NINETY-SIX; CERTI- FIED 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 COMMISSIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDITIONAL PERSONS NOT LISTED IN THIS PARAGRAPH FROM THE REQUIREMENTS OF THIS SECTION. F. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ALL LOCAL LAWS OR ORDINANCES RELATING TO REQUIREMENTS FOR BOATING SAFETY CERTIFICATES TO OPERATE A MECHANICALLY PROPELLED VESSEL. S 2. Paragraphs a, b, and c of subdivision 3 of section 49 of the navigation law are REPEALED and five new paragraphs a, b, c, d and e are added to read as follows: A. THE OPERATOR IS BORN ON OR BEFORE APRIL THIRTIETH, NINETEEN HUNDRED NINETY-SIX; OR, B. THE OPERATOR IS BORN ON OR AFTER MAY FIRST, NINETEEN HUNDRED NINE- TY-SIX, 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. E. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ALL LOCAL LAWS OR ORDINANCES RELATING TO REQUIREMENTS FOR BOATING SAFETY CERTIFICATES TO OPERATE A MECHANICALLY PROPELLED VESSEL. 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 4. Subdivision 1 of section 78 of the navigation law, as amended by chapter 138 of the laws of 1998, is amended and a new subdivision 3 is added 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. 3. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A SYSTEM FOR TRACKING AND REPLACING BOATING SAFETY CERTIFICATES ISSUED BY THE COMMISSIONER. THE COMMISSIONER IS FURTHER AUTHORIZED TO REQUIRE THAT ANY OTHER ENTITY APPROVED BY THE COMMISSIONER TO PROVIDE COURSES OF INSTRUC- TION AND AWARD BOATING SAFETY CERTIFICATES ESTABLISH A SYSTEM FOR TRACK- ING AND REPLACING BOATING SAFETY CERTIFICATES SO AS TO ENABLE THE REPLACEMENT OF LOST OR STOLEN CERTIFICATES TO THOSE WHO HAVE PREVIOUSLY BEEN AWARDED SUCH CERTIFICATES. 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. 1. For the purpose of giving such cours- es 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. 2. THE COMMISSIONER IS AUTHORIZED, AT HIS OR HER DISCRETION, TO DEVEL- OP A METHOD FOR APPROVING INTERNET-BASED BOATING SAFETY COURSES AS AN APPROPRIATE AND EFFECTIVE METHOD FOR THE ADMINISTRATION AND COMPLETION OF TRAINING IN THE SAFE OPERATION OF VESSELS, INCLUDING PERSONAL WATER- CRAFT AND SPECIALTY PROP-CRAFT, FOR THE PURPOSES OF AWARDING A BOATING SAFETY CERTIFICATE PURSUANT TO THIS SECTION. 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) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO THE LIVERY OPERATOR; (E) 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. SUCH RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND (F) 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 May next succeeding the date on which it shall have become a law; provided, however, that the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized to be made on or before such date.

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