Requires boating safety certificates of all persons operating a mechanically propelled vessel; repealer

BILL NUMBER:S5752D

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 or general idea of bill

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 specific provisions

This bill would require that all boat operators on mechanically propelled vessels who were born on or after January 1, 1992 must hold a Boating Safety Certificate issued to him or her by the Commissioner. The Commissioner may designate as his or her agent any person he or she deems qualified, including, but not limited to, certified instructors of the United States Coast Guard Auxiliary, United States Power Squadrons. Exempt from these requirements is any operator who is accompanied by a person who is 18 years of age and who either holds a Boating Safety Certificate or is not required to hold a Boating Safety Certificate. Boat operators who are also owners of a recently purchased vessel may operate the vessel for up to ninety (90) days without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended by adding a new subdivision 1-a allowing a livery to lease, hire or rent a vessel, except a personal watercraft or specialty prop craft, to a person who does not possess a Boating Safety Certificate if the person is 18 years or older showing genuine proof of identification, that the operator of the livery is the holder of a Boating Safety Certificate, and provides instruction of boat operation including a provision of maps.

Justification

To ensure that all persons who operate a mechanically propelled vessel understand the proper boating laws. Inexperienced and/or reckless boaters cause a great deal of danger and property damage when they irresponsibly drive at excessive speeds while not obeying navigation laws or do not understand the laws. Many boaters have never taken a boating safety course and while they may think they are abiding by the navigation laws, they put themselves, as well as others, in danger. While the vast majority of boat operators may know every aspect of navigation, there are many who do not realize the potential for damage that can be caused with the slightest mistake while boating in a heavily boated waterway and being unaware of the correct procedures. This

legislation enjoys broad support. For example, boating safety experts and instructors such as the U.S. Power Squadrons and boating associations such as the Tug and Barge Association support this legislation.

Prior legislative history

Similar to A.11824 and S.8073 of 2007/200B.

Fiscal implications

None.

Effective date

This act shall take effect on January 1, 2011.