STATE OF NEW YORK
________________________________________________________________________
1864
2011-2012 Regular Sessions
IN ASSEMBLY
January 12, 2011
___________
Introduced by M. of A. GANTT -- Multi-Sponsored by -- M. of A. MAISEL,
TITONE -- read once and referred to the Committee on Transportation
AN ACT to amend the navigation law, in relation to personal watercraft;
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:
1 Section 1. Subdivisions 30 and 31 of section 2 of the navigation law,
2 subdivision 30 as added by chapter 455 of the laws of 1990, are
3 REPEALED, and two new subdivisions 31 and 35 are added to read as
4 follows:
5 31. "Personal watercraft" shall mean a vessel less than sixteen feet
6 in length propelled by water jet pump or other mechanical power as its
7 primary source propulsion and which is designed to be operated by a
8 person sitting, standing, or kneeling on, or being towed behind the
9 vessel rather than in the conventional manner of sitting or standing
10 inside the vessel.
11 35. "Livery" shall mean any person or business engaged in the leasing,
12 hiring or renting of residential or pleasure vessels, including rowboats
13 and canoes, for which a fee is charged or where provided as an accommo-
14 dation or privilege of accommodation, resort or amusement.
15 § 2. Paragraphs a, b and c of subdivision 1-a of section 49 of the
16 navigation law, as amended by chapter 248 of the laws of 2005, are
17 amended to read as follows:
18 a. No person shall operate a personal watercraft [or specialty prop-
19 craft] upon the navigable waters of the state or any tidewaters border-
20 ing on or lying within the boundaries of Nassau and Suffolk counties
21 unless the operator is fourteen years of age or older and the holder of,
22 or is accompanied by a person over eighteen years of age who is the
23 holder of a boating safety certificate issued by the commissioner, the
24 United States power squadrons, the United States coast guard auxiliary,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00308-01-1
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1 or other state or government, as a result of completing a course
2 approved by the commissioner.
3 b. No person who is the owner of a personal watercraft [or specialty
4 prop-craft] shall knowingly authorize or permit the operation thereof on
5 the navigable waters of the state or any tidewaters bordering on or
6 lying within the boundaries of Nassau or Suffolk counties unless the
7 operator is fourteen years of age or older and the holder of, or is
8 accompanied by a person over eighteen years of age who is the holder of
9 a boating safety certificate issued by the commissioner, the United
10 States power squadrons, United States coast guard auxiliary, or other
11 state or government, as a result of completing a course approved by the
12 commissioner.
13 c. For the purposes of this subdivision "accompanied" shall mean upon
14 the vessel. [Provided, however, that until January first, two thousand
15 nine, in relation to a person less than fourteen years of age who is the
16 holder of a boating safety certificate issued by the commissioner, the
17 United States power squadrons, United States coast guard auxiliary or
18 other state or government, accompanied shall also mean within view and
19 not more than five hundred feet from a person aboard a vessel or
20 personal watercraft, who is over eighteen years of age and the holder of
21 a boating safety certificate issued by the commissioner, the United
22 States power squadrons, United States coast guard auxiliary or other
23 state or government, as a result of completing a course approved by the
24 commissioner.]
25 § 3. Subdivision 2 of section 71-d of the navigation law, as amended
26 by chapter 805 of the laws of 1992, is amended to read as follows:
27 2. Any person convicted of violating this section shall be guilty of a
28 violation punishable [by a fine of not less than twenty-five nor more
29 than one hundred dollars] as set forth in section seventy-three-c of
30 this article.
31 § 4. Section 73-a of the navigation law, as added by chapter 455 of
32 the laws of 1990, paragraph a of subdivision 1 as amended by chapter 305
33 of the laws of 2001, paragraphs c and g of subdivision 1 and subdivi-
34 sions 2 and 3 as amended by chapter 380 of the laws of 1996, paragraph e
35 of subdivision 1 as amended by chapter 320 of the laws of 1995, para-
36 graphs (d) and (e) of subdivision 2 as amended and paragraph (f) of
37 subdivision 2 as added by chapter 138 of the laws of 1998, is amended to
38 read as follows:
39 § 73-a. Regulations of personal watercraft [and specialty prop-craft].
40 1. Personal watercraft [and specialty prop-craft]. a. No person shall
41 operate a personal watercraft [or a specialty prop-craft] unless each
42 person riding on such vessel is wearing a securely fastened United
43 States Coast Guard approved personal flotation device.
44 b. No person shall operate a personal watercraft [or a specialty prop-
45 craft] unless such vessel is equipped and fitted with a United States
46 Coast Guard approved device for arresting carburetor backfire.
47 c. No person shall operate a personal watercraft [or a specialty prop-
48 craft] unless such vessel is equipped with:
49 (i) [at least two ventilators fitted with cowls or their equivalent
50 for the purpose of properly and efficiently ventilating the bilges of
51 every engine and fuel tank compartment in order to remove any inflamma-
52 ble or explosive gases provided, however, if the vessel is so
53 constructed as to have the greater portion of the bilges under the
54 engine and fuel tanks open and exposed to the natural atmosphere at all
55 times such vessel need not be required to be fitted with such ventila-
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1 tors] one B-1 sized United States Coast Guard approved fire
2 extinguisher; and
3 (ii) an efficient sound producing mechanical appliance, except sirens,
4 capable of producing a blast of two seconds or more in duration and of
5 such strength as to be heard plainly for a distance of at least one-half
6 mile in still weather; and
7 (iii) a [fluorescent-orange] United States Coast Guard approved orange
8 distress flag [which shall be a minimum of one foot square] or other
9 appropriate United States Coast Guard approved visual distress signal.
10 d. Any person operating a personal watercraft [or a specialty prop-
11 craft] equipped by the manufacturer with a lanyard type engine cut-off
12 switch shall attach such lanyard to his or her person, clothing, or
13 personal flotation device as is appropriate for the specific vessel.
14 e. No person shall operate a personal watercraft [or a specialty prop-
15 craft] at any time from sunset to sunrise.
16 f. No person shall operate a personal watercraft [or a specialty prop-
17 craft] within five hundred feet of any designated bathing area, except
18 in bodies of water where the opposing shoreline is less than five
19 hundred feet from such designated area and in accordance with speed
20 regulations and restrictions as provided by local law or ordinance but
21 in no event at a speed in excess of ten miles per hour, provided, howev-
22 er, that nothing contained in this subdivision shall be construed to
23 prohibit the launching of such vessel from designated launching areas or
24 sites.
25 g. Every personal watercraft [and specialty prop-craft] shall at all
26 times be operated in a reasonable and prudent manner. Maneuvers which
27 unreasonably or unnecessarily endanger life, limb, or property, includ-
28 ing, but not limited to, (i) weaving through congested vessel traffic,
29 or (ii) jumping the wake of another vessel unreasonably or unnecessarily
30 close to such other vessel or when visibility around such other vessel
31 is obstructed, or (iii) swerving at the last possible moment to avoid
32 collision shall constitute reckless operation of a vessel, as provided
33 in section forty-five of this article.
34 h. The provisions of this section shall not apply to any performer
35 engaged in a professional exhibition or any person preparing to partic-
36 ipate or participating in a regatta, race, marine parade, tournament, or
37 exhibition authorized under section thirty-four of this chapter.
38 i. The provisions of this section shall apply to the operation of a
39 personal watercraft [and a specialty prop-craft] on any waterway or body
40 of water located within New York state and not privately owned and any
41 part of any body of water adjacent to New York state over which the
42 state has territorial jurisdiction, including all tidewaters bordering
43 on and lying within the boundaries of Nassau and Suffolk counties.
44 j. The provisions of section forty of this [chapter] article shall not
45 apply to personal watercraft [or specialty prop-craft].
46 k. No person shall operate a personal watercraft with a passenger
47 riding in front of the operator and each passenger must be able to place
48 his or her feet firmly on the deck while holding onto the operator or
49 onto the handholds.
50 2. Liveries. Notwithstanding the provisions of section forty-nine or
51 seventy-one-d of this [chapter] article, no livery shall lease, hire, or
52 rent a personal watercraft [or a specialty prop-craft] to any person
53 unless:
54 (a) such person is [sixteen] eighteen years of age or older.
55 (b) the operator of such livery, or his designated agent, prior to
56 permitting the use by such person of such personal watercraft [or
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1 specialty prop-craft], explains and demonstrates to such person by video
2 or actual in water demonstration the operating procedure of such
3 personal watercraft [or specialty prop-craft] and the use of such
4 vessel's safety equipment;
5 (c) such person, after receiving the explanation and demonstration
6 required pursuant to paragraph (b) of this subdivision, demonstrates to
7 such livery operator or to such designated agent the ability to operate
8 such vessel and use the applicable safety equipment;
9 (d) such person has presented genuine proof of identification and age;
10 and except as provided in paragraph (f) of this subdivision, has demon-
11 strated compliance with section forty-nine of this article, to such
12 livery operator or the livery operator's designated agent prior to the
13 time of leasing, hiring or renting such vessel;
14 (e) such livery operator or his designated agent, at the time of such
15 leasing, hiring or renting, records the name, address and age of the
16 user of the leased, hired or rented vessel, and the model, year, name of
17 manufacturer, and state registration or federal documentation numbers of
18 the leased, hired or rented vessel. Such records shall be maintained for
19 a period of not less than one year; and
20 (f) notwithstanding the provisions of paragraph (d) of this subdivi-
21 sion and subdivision one-a of section forty-nine of this article, a
22 person over eighteen years of age may operate such personal watercraft
23 [or specialty prop-craft] without the certificate required pursuant to
24 section forty-nine of this article when such operation is restricted by
25 the operator of such livery, or the livery operator's designated agent,
26 to a specified area, no part of which shall be more than twenty-five
27 hundred feet from the livery location, or, if removed from the livery
28 location, not more than five hundred feet from the livery operator or
29 agent assigned by the livery operator to supervise such operation and
30 such personal watercraft [or specialty propcraft] and/or the personal
31 flotation device of the operator is clearly marked in such a manner as
32 to be distinguishable by the operator of such livery or the livery oper-
33 ator's designated agent within the permitted areas of operation.
34 (g) The operator of such livery or any designated agent responsible
35 for providing explanations and demonstrations required by this section
36 shall have successfully completed a boating safety course approved by
37 the commissioner.
38 (h) The operator of such livery shall provide the operators of such
39 personal watercraft with all the equipment required by this chapter.
40 Such equipment must be fully explained to the person renting the
41 personal watercraft and all equipment must be in serviceable condition.
42 3. Penalties for violation. (a) Every person convicted of a violation
43 of this section, other than a conviction for a violation of subdivision
44 two of this section, shall for a first conviction thereof be punished by
45 a fine of not less than fifty dollars nor more than two hundred dollars;
46 for a conviction of a second violation, both of which were committed
47 within a period of twenty-four months, such person shall be punished by
48 a fine of not less than one hundred dollars nor more than four hundred
49 dollars; upon a conviction of a third or subsequent violation, all of
50 which were committed within a period of twenty-four months, such person
51 shall be punished by a fine of not less than two hundred dollars nor
52 more than five hundred dollars and the revocation of the registration of
53 the personal watercraft.
54 (b) Every person convicted of a violation of subdivision two of this
55 section shall for a first conviction thereof be punished by a fine of
56 not less than one hundred dollars nor more than two hundred dollars; for
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1 a conviction of a second violation, both of which were committed within
2 a period of twenty-four months, such person shall be punished by a fine
3 of not less than two hundred dollars nor more than four hundred dollars;
4 upon a conviction of a third or subsequent violation, all of which were
5 committed within a period of twenty-four months, such person shall be
6 punished by a fine of not less than four hundred dollars nor more than
7 eight hundred dollars.
8 § 5. This act shall take effect on the thirtieth day after it shall
9 have become a law; provided, however, that paragraphs (g) and (h) of
10 subdivision 2 of section 73-a of the navigation law as added by section
11 four of this act shall take effect January 1, 2012; provided further,
12 however, that the amendments to paragraph (f) of subdivision 2 of
13 section 73-a of the navigation law made by section four of this act
14 shall not affect the repeal of such paragraph and shall be deemed
15 repealed therewith.
