STATE OF NEW YORK
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1414
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
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Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Transportation
AN ACT to amend the navigation law, in relation to requiring individuals
renting a boat to take a boating safety course
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 1-a of section 71-d of the navigation
2 law, subdivision 1 as added by chapter 698 of the laws of 1971 and
3 subdivision 1-a as added by chapter 361 of the laws of 2013, are amended
4 to read as follows:
5 1. No livery operator shall knowingly lease, hire or rent a vessel to
6 any person:
7 (a) When the number of persons using the vessel shall exceed the
8 number deemed to constitute a maximum safety load for said vessel,
9 according to its capacity plate or industry-accepted standards.
10 (b) When the manufacturer's rated horsepower of the motor exceeds the
11 capacity of the vessel, making the vessel unsafe to operate.
12 (c) When the vessel does not contain the equipment required by its
13 respective class, as provided by section forty.
14 (d) When such person is not the holder of a boating safety certif-
15 icate.
16 [1-a. Notwithstanding subdivision one of section forty-nine of this
17 article, a livery may lease, hire or rent a mechanically propelled
18 vessel, except a personal water craft or specialty prop craft, to a
19 person who is not the holder of a boating safety certificate if:
20 (a) the person is eighteen years or older;
21 (b) the operator of such livery or his or her designated agent, is the
22 holder of a boating safety certificate, and prior to permitting the use
23 by such person of the vessel explains and demonstrates to such person by
24 video or actual in water demonstration the operation of such vessel, and
25 the use and location of such vessel's safety equipment;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06358-01-9
A. 1414 2
1 (c) such person, after receiving the explanation and demonstration
2 required pursuant to paragraph (b) of this subdivision, demonstrates to
3 the livery operator or the livery operator's designated agent the abili-
4 ty to operate such vessel and use the applicable safety equipment;
5 (d) such person presents genuine proof of identification and age to
6 the livery operator;
7 (e) the livery operator or the livery operator's designated agent, at
8 the time of the leasing, hiring, or renting, records the name, address,
9 and age of the operator of the leased, hired or rented vessel. Such
10 records shall be maintained for a period of not less than one year; and
11 (f) the vessel is not leased, hired or rented to the same person for a
12 period exceeding sixty days.]
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law. Effective immediately the addition, amendment and/or
15 repeal of any rule or regulation necessary for the implementation of
16 this act on its effective date is authorized to be made and completed on
17 or before such date.
