STATE OF NEW YORK
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9634
IN ASSEMBLY
May 13, 2014
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Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the navigation law, in relation to requirements for the
operation of a boat in tidewaters
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 361 of the laws of 2013, is amended to read as
3 follows:
4 1. No person [born on or after May first, nineteen hundred ninety-six]
5 shall operate a mechanically propelled vessel on the navigable waters of
6 the state or any tidewaters bordering on or lying within the boundaries
7 of Nassau and Suffolk counties, unless:
8 a. the operator is at least [ten] fourteen years old and is the holder
9 of a boating safety certificate issued to him or her by the commission-
10 er, the United States Power Squadrons or the United States coast guard
11 auxiliary; or
12 b. [the operator is younger than eighteen years of age, and is accom-
13 panied on the mechanically propelled vessel by at least one person who
14 is at least eighteen years of age and is
15 (i) the holder of a boating safety certificate issued to him or her by
16 the commissioner, the United States Power Squadrons or the United States
17 coast guard auxiliary, or
18 (ii) not required by this subdivision to hold a boating safety certif-
19 icate in order to operate a mechanically propelled vessel; or
20 c.] the operator is eighteen years of age or older, is a person
21 required by this subdivision to hold a boating safety certificate in
22 order to operate a mechanically propelled vessel, and is accompanied on
23 the mechanically propelled vessel by at least one person who is at least
24 eighteen years of age and the holder of a boating safety certificate; or
25 [d.] c. the operator is the owner of a recently purchased vessel and
26 may operate such vessel without the otherwise required boating safety
27 certificate for a period of time not to exceed one hundred twenty days
28 from the date of purchase.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11687-03-3
A. 9634 2
1 [e.] d. The provisions of this subdivision shall not apply to persons
2 who are: [born before April thirtieth, nineteen hundred ninety-six;]
3 certified by the commissioner as boating safety instructors; members of
4 the United States Power Squadrons; members of the United States coast
5 guard auxiliary; holders of public vessel licenses pursuant to section
6 sixty-four of this article; police officers, peace officers, fire
7 personnel, rescue personnel or lifeguards, when any such person is
8 acting pursuant to assigned duties; or licensed to operate vessels by
9 the United States coast guard or the Canadian coast guard. The commis-
10 sioner, by rule or regulation, may provide for the exemption of addi-
11 tional persons not listed in this paragraph from the requirements of
12 this section.
13 [f.] e. The provisions of this subdivision shall supersede all local
14 laws or ordinances relating to requirements for boating safety certif-
15 icates to operate a mechanically propelled vessel.
16 f. Effective January first, two thousand fifteen, the provisions of
17 this subdivision shall apply to all persons between fourteen and twen-
18 ty-two years of age; effective January first, two thousand sixteen, the
19 provisions of this subdivision shall apply to all persons between four-
20 teen and twenty-eight years of age; effective January first, two thou-
21 sand seventeen, the provisions of this subdivision shall apply to all
22 persons between fourteen and thirty-four years of age; effective January
23 first, two thousand eighteen, the provisions of this subdivision shall
24 apply to all persons between fourteen and forty years of age; effective
25 January first, two thousand nineteen, the provisions of this subdivision
26 shall apply to all persons between fourteen and forty-six years of age;
27 effective January first, two thousand twenty, the provisions of this
28 subdivision shall apply to all persons.
29 § 2. Paragraphs a and b of subdivision 3 of section 49 of the naviga-
30 tion law, as added by chapter 361 of the laws of 2013, are amended to
31 read as follows:
32 a. the operator is [born on or before April thirtieth, nineteen
33 hundred ninety-six] eighteen years of age or older; or,
34 b. the operator is born on or after May first, nineteen hundred nine-
35 ty-six, is at least [ten] fourteen years of age and is the holder of a
36 boating safety certificate issued to him or her by the commissioner, the
37 United States Power Squadrons or the United States coast guard auxilia-
38 ry[,]; or
39 § 3. Section 79 of the navigation law, as amended by chapter 361 of
40 the laws of 2013, is amended to read as follows:
41 § 79. Courses of instruction. 1. For the purpose of giving such cours-
42 es of instruction and awarding boating safety certificates, the commis-
43 sioner may designate as his or her agent any person the commissioner
44 deems qualified to act in such capacity, including, but not limited to,
45 certified instructors of the United States coast guard auxiliary, United
46 States power squadrons, American power boat association, boy scouts of
47 America, Red Cross and other organizations. No charge whatsoever shall
48 be made to any person less than eighteen years of age for the issuance
49 of a boating safety certificate. Persons less than eighteen years of age
50 may be charged a fee for instruction in boating safety, except that the
51 office may not charge a fee when providing such instruction to persons
52 less than eighteen years of age.
53 2. [The commissioner is authorized, at his or her discretion, to
54 develop a method for approving internet-based boating safety courses as
55 an appropriate and effective method for the administration and
56 completion of training in the safe operation of vessels, including
A. 9634 3
1 personal watercraft and specialty prop-craft, for the purposes of award-
2 ing a boating safety certificate pursuant to this section] All courses
3 of instruction must be proctored; online classes are not permitted.
4 § 4. This act shall take effect on the same date and in the same
5 manner as chapter 361 of the laws of 2013, takes effect.
