Relates to the definition and regulation of personal watercraft; repealer

Summary of provisions

Section 1 of the bill would repeal the definition of "specialty prop-craft" in Navigation Law (NL) § 2(31); replace the definition of "personal watercraft" in NL § 2(30) with a new definition of that term and number it NL § 2(31); and add a definition of "livery."

Section 2 of the bill would delete references to "specialty prop-craft" in NL § 49(1-a), and delete an expired transition provision related to the previously-enacted statutory increase in the permissible age at which a personal watercraft may be operated.

Section 3 of the bill would amend NL § 71-d(2) to correct an inconsistency in the penalty provision by making a violation of section 71-d punishable as set forth in section 73-c of the Navigation Law.

Section 4 of the bill would amend NL § 73-a to delete references to "specialty propcraft;" update the equipment required to be on a personal watercraft; add a new provision prohibiting passengers on personal watercraft from sitting in front of the operator and requiring that passengers be of sufficient height to sit securely on the personal watercraft; increase the minimum age at which a person can rent a personal watercraft from sixteen to eighteen; require livery personnel to have completed a boating safety course if they are responsible for demonstrating personal watercraft operation and safety to patrons; and require the livery to provide patrons with all required safety and other equipment and explain the use of the equipment.

Section 5 of the bill would provide that the bill would take effect 30 days after it becomes law; provided that NL § 73-a(2)(g) and (h), as added by section 4 of the bill, would take effect January 1, 2011; and provided further that the amendments to NL § 73-a(2)(f) would be deemed repealed when that paragraph expires.

Existing law

NL § 2 provides definitions for "personal watercraft" and "specialty prop-craft," but does not provide a definition for "livery." Throughout the Navigation Law, the term "specialty propcraft" is used in addition to the term "personal watercraft."

NL § 73-a(1)(c) and (d) require certain types of equipment to be located on personal watercraft.

NL § 73-a(2)(a) allows liveries to rent personal watercraft to those 16 years of age and older and requires liveries to explain and demonstrate safe operation of the personal watercraft. There is no requirement that liveries or their agent hold a boating safety certificate.

Prior legislative history

This is a new proposal.

Statement in support

A personal watercraft is a small vessel operated by a person sitting, standing or kneeling on the boat, or being towed behind it, and that is propelled by a water jet pump or other mechanical power. The personal watercraft (PWC) concept originated in the 1960s, and New York added the regulation of PWC to the Navigation Law in 1990 as their use became more prevalent. As the industry has made changes to PWC, and as federal law has adapted, the State law should be updated accordingly. This bill would update State law to comport with federal law, industry safety recommendations and common terminology; and would correct inconsistencies in the current law.

The bill would delete the references to "specialty prop-craft" because such vessels are largely obsolete. However, in the event such vessels reemerge in the marketplace, the bill would ensure that the new definition of "personal watercraft" would apply to those vessels considered specialty prop-craft so that they are properly regulated as vessels.

The bill would delete an obsolete requirement that PWC include at least two ventilators fitted with cowls. This requirement is unnecessary because engines of PWC, unlike traditional motorized vessels, are open to the air and use a natural ventilation system. Federal law now requires a B-1 sized United States Coast Guard approved fire extinguisher and a specific type of distress flag. Accordingly, this bill Could amended NL § 73-a to comport with federal law.

In response to horrific accidents that have severely and fatality injured passengers, mainly children, the Personal Watercraft Industry Association (PWIA) has recommended that passengers not ride in front of operators and that passengers be of sufficient size to properly sit on PWC. Consistent with these common sense recommendations, this bill would make those industry safety recommendations the law in New York.

Customers who rent PWC from liveries are not required to take a boating safety course. To ensure that such persons receive proper instruction, the bill would require livery personnel to complete a boating safety course if they are responsible for explaining to the customer how to safely operate the PWC. The bill would further require the livery to fully outfit the PWC with all required equipment in serviceable condition and to

explain to the person renting the PWC how and when to use the safety equipment. These provisions would help ensure the safe operation of PWC rented from a livery.

Budget implications

None.

Effective date

The bill would take effect 30 days after it becomes law; provided that NL § 73-a(2)(g) and (f), as added by section 4 of the bill, would take effect January 1, 2011; and provided further that the amendments to NL § 73-a(2)(f) would be deemed repealed when that paragraph expires (currently January 1, 2012).