Bill S747-2013

Relates to boating safety certificates

Requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate; requires the department of parks, recreation and historic preservation, in conjunction with the department of motor vehicles, to conduct a twenty-four month focused public information session campaign to make the public aware of changes to the boating safety certificate requirements.

Details

Actions

  • Jun 21, 2013: COMMITTED TO RULES
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.13
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013
Ayes (13): Fuschillo, Carlucci, Larkin, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Dilan, Diaz, Perkins, Squadron, Stavisky
Ayes W/R (5): Robach, Gallivan, Maziarz, Zeldin, Kennedy
Nays (1): Gipson

Memo

BILL NUMBER:S747

TITLE OF BILL: An act to amend the navigation law and the vehicle and traffic law, in relation to boating safety certificates

PURPOSE: To assure that all boaters have the requisite knowledge to operate a mechanically propelled vessel safely.

SUMMARY OF PROVISIONS: Section 1 amends section 49 of the Navigation Law to allow only persons over the age of 10 to operate a mechanically propelled vessel; to allow person 10-13 to operate only when accompanied by a person 18 or older with a safety certificate; to allow persons 14 and older without a safety certificate to operate when accompanied by a person 18 or older with a safety certificate; and to allow person 14-17 with a safety certificate to operate unaccompanied between sunrise and sunset. Additionally, it provides that an owner shall only allow person who authorized as provided above to operate his or her vessel.

Section 2 amends section 75 of the Navigation Law to reflect the general scope of the boater education program.

Section 3 amends section 78 of the Navigation Law to reflect the general scope of the boater education program.

Section 4 amends section 79 of the Navigation Law to reflect the general scope of the boater education program.

Section 5 adds a new section 79-b to the Navigation Law allowing the Department of Parks and Recreation and Historical Preservation to promulgate rules and regulations regarding temporary boating safety certificates for those who rent a vessel; additionally, it adds a new section 79-c, which provides for a written test in lieu of a boating safety course for experienced boaters.

Section 6 amends section 2251 of the VTL to provide that no boat shall be registered, re-registered or transferred to any person who is not the holder of a boating safety certificate.

Section 7 provides that the bill shall take effect immediately and that the Department of Parks and Recreation along with the DMV shall conduct a public awareness campaign; provided however that 180 days from effective date, persons under 18 must have a boating safety certificate to operate under section 1 of the act; provided further 1 year after the effective date of the act, persons 18 and over who were not registered boat owners at the effective date of the act must have a boating safety certificate to operate under section 1 of the act; provided further that 2 years after the effective date of the act, persons 18 and over who were registered boat owners at the effective date of the act must have a boating safety certificate to operate under section 1 of the act.

EXISTING LAW: Under current law, any person under the age of 18 may operate a mechanically propelled vessel when accompanied by a person over 18 (with or without a boating safety certificate), any person 10 and over may operate unaccompanied, if that person has a boating safety certificate, and any person over the age of 18 (with or without a boating safety certificate) can operate a mechanically propelled vessel.

JUSTIFICATION: This bill recognizes the vital nature of boating to the State of New York and recognizes that in large measure that that vitality depends on the safety of New York's waterways. This bill amends the Navigation Law to require that at all times a person who is trained in boating safety is on board a mechanically propelled vessel during operation. Current law allows any person over the age of 18, whether or not he or she has received any training, to operate a vessel of any size on any body of water. This is not prudent. The rules of New York's waterways are in every sense as complicated as those of New York's roadways, and it is therefore commonsense to require that all boater have training in these rules to assure the safe operation of all vessels and the safety of others utilizing the waterways.

LEGISLATIVE HISTORY: 2011: Rules Committee (S.7831/A.10805)

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately and the Department of Parks and Recreation in consultation with the DMV shall conduct a public awareness campaign to make the public aware of the changes in the safety certificate requirements. 180 days, all persons under 18 must comply with the new safety certificate requirements; 1 year, all persons 18 and older who are not at the effective date registered boat owners must comply with the new safety certificate requirements; 2 years, all persons 18 and over who are at the effective date registered boat owners must comply with the safety certificate requirements.


Text

STATE OF NEW YORK ________________________________________________________________________ 747 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the navigation law and the vehicle and traffic law, in relation to boating safety certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 3 of section 49 of the navigation law, as amended by chapter 805 of the laws of 1992, are amended to read as follows: 1. No person under the age of [eighteen] TEN years 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:]. NO PERSON TEN YEARS OF AGE OR OLDER SHALL OPERATE A MECHANICALLY PROPELLED VESSEL ON THE NAVIGABLE WATERS OF THE STATE OR ANY TIDEWATER BORDERING ON OR LYING WITHIN THE BOUNDARIES OF NASSAU AND SUFFOLK COUNTIES, EXCEPT AS FOLLOWS: a. [the operator is accompanied therein by a person who is eighteen years of age or older, or,] PERSONS TEN YEARS OF AGE TO THIRTEEN YEARS OF AGE SHALL ONLY OPERATE A MECHANICALLY PROPELLED VESSEL WHEN ACCOMPA- NIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT; 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.] PERSONS FOURTEEN YEARS OF AGE OR OLDER MAY OPERATE A MECHANICALLY PROPELLED VESSEL WHEN ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE
UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR MAY OPERATE A MECHANICALLY PROPELLED VESSEL UNACCOMPANIED IF SUCH PERSON IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT; PROVIDED, HOWEVER, THAT A PERSON FOURTEEN YEARS OF AGE TO SEVENTEEN YEARS OF AGE WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSION- ER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT MAY ONLY OPERATE A MECHANICALLY PROPELLED VESSEL UNACCOMPANIED BETWEEN SUNRISE AND SUNSET; 3. 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 [eighteen years of age or older] TEN YEARS OF AGE TO THIRTEEN YEARS OF AGE AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT or, b. the operator is [accompanied therein by a person eighteen years of age or older or, c. 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] FOUR- TEEN YEARS OF AGE OR OLDER AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR IS OPERATING BETWEEN SUNRISE AND SUNSET AND IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT. S 2. 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 3. 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 4. 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 5. The navigation law is amended by adding two new sections 78-b and 78-c to read as follows: S 78-B. COURSES OF INSTRUCTION FOR RENTERS OF VESSELS. THE COMMISSION- ER SHALL ESTABLISH RULES AND REGULATIONS PURSUANT TO SECTION SEVENTY-SEVEN OF THIS PART PROVIDING FOR A COURSE OF INSTRUCTION FOR AND THE ISSUANCE OF A TEMPORARY BOATING SAFETY CERTIFICATE TO RENTERS OF VESSELS. S 78-C. WRITTEN TEST IN LIEU OF COURSE OF INSTRUCTION. THE COMMISSION- ER SHALL ESTABLISH RULES AND REGULATIONS PURSUANT TO SECTION SEVENTY-SEVEN OF THIS PART PROVIDING FOR A WRITTEN TEST IN LIEU OF A COURSE OF INSTRUCTION FOR PERSONS OVER THE AGE OF EIGHTEEN AS OF THE EFFECTIVE DATE OF THIS SECTION THAT ATTEST TO HAVING ACQUIRED IN EXCESS OF ONE HUNDRED HOURS OF OPERATION OF A MECHANICALLY PROPELLED VESSEL. S 6. Section 2251 of the vehicle and traffic law is amended by adding a new subdivision 10 to read as follows: 10. BOATING SAFETY CERTIFICATES. THE OWNER OF EACH VESSEL REQUIRING REGISTRATION UNDER THIS SECTION SHALL PRESENT TO THE COMMISSIONER AT THE TIME OF REGISTRATION, RE-REGISTRATION OR CHANGE OF OWNERSHIP PROOF THAT THE OWNER IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED PURSUANT TO PART FIVE OF ARTICLE FOUR OF THE NAVIGATION LAW PRIOR TO REGISTRA- TION. S 7. This act shall take effect immediately and the department of parks, recreation and historic preservation, in consultation with the department of motor vehicles, shall conduct a two year public informa- tion campaign to make the public aware of changes to the boating safety certificate requirements; provided however that 180 days after the effective date of this act, persons under the age of eighteen may not operate a mechanically propelled vessel pursuant to the provisions of section one of this act unless they are holders of a boating safety certificate; provided further that one year after the effective date of this act, persons eighteen years of age and older who were not regis- trants of vessels pursuant to article 48 of the vehicle and traffic law as of the effective date of this act may not operate a mechanically propelled vessel pursuant to section one of this act; and, provided further that two years after the effective date of this act, persons eighteen years of age and older who were registrants of vessels pursuant to article 48 of the vehicle and traffic law as of the effective date of this act may not operate a mechanically propelled vessel pursuant to section one of this act.

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