NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3471A
SPONSOR: Galef (MS) 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 Naviga-
tion 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 certif-
icate; 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; certi-
fied 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 mechan-
ically propelled vessel.
Section 2 of the bill amends subdivision 3 of section 49 of the Naviga-
tion law to provide that no person who is the owner of a mechanically
propelled vessel shall knowingly authorize or permit the operation ther-
eof 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 bon 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 stipu-
late 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 Naviga-
tion 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 number-
ing the first paragraph and adding a new paragraph 2 to authorize the
Commissioner, at his or her discretion, to develop a method for approv-
ing internet-based boating safety courses as an appropriate and effec-
tive 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,
