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

Summary of provisions

Section 1 of the bill amends subdivision 1 of section 49 of the Navigation law to provide that no person born on or after May 1, 1996 shall operate a mechanically propelled vessel on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties unless:

a. the operator is at least 10 years old and is the holder of a boating safety certificate issued by the Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons or the United States Coast Auxiliary; or

b. the operator is younger than 18 years-of-age and is accompanied on the mechanically propelled vessel by at least one person who is at least 18 years-of-age and is the holder of a boating safety certificate or who is not required by this subdivision to hold a boating safety certificate; or

c. the operator is 18 years of age or older, is a person required by this subdivision to hold a boating safety certificate and is accompanied by at least one person who is at least 18 years of age and the holder of a boating safety certificate; or

d. the operator is the owner of a recently purchased vessel and may operate such vessel without the otherwise required boating safety certificate for a period of time not to exceed 120 days from the date of purchase.

This section also provides that the provisions of this subdivision shall not apply to persons who are: born on or before April 30, 1996; certified by the Commissioner as boating safety instructors; members of the U.S. Power Squadrons; members of the U.S. Coast Guard Auxiliary; holders of a public vessel license; police officers, peace officers, fire personnel, rescue personnel or lifeguards, when acting pursuant to assigned duties; or licensed to operate vessels by the U.S. or Canadian Coast Guard. This section also provides that the Commissioner may, by rule or regulation, provide for the exemption of additional persons not specifically listed. Lastly, this section provides that the provisions of this subdivision shall supersede any local law or ordinance relating

to requirements for boating safety certificates to operate a mechanically propelled vessel.

Section 2 of the bill amends subdivision 3 of section 49 of the Navigation law to provide that no person who is the owner of a mechanically propelled vessel shall knowingly authorize or permit the operation thereof on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties unless:

a. the operator is born on or before April 30, 1996; or

b. the operator is born on or after May 1, 1996, is at least 10 years-of-age and is the holder of a boating safety certificate issued by the Commissioner, the U.S. Power Squadrons or the U.S. Coast Guard; or

c. the operator is younger than 18 years-of-age and is accompanied on the mechanically propelled vessel by at least one person 18 years-of-age or older who is the holder of a boating safety certificate or is not required by subdivision 1 of this section to hold a boating safety certificate in order to operate a mechanically propelled vessel; or

d. the operator is 18 years-of-age or older, is a person required by subdivision 1 of this section to hold a boating safety certificate and is accompanied by a person who is at least 18 years-of-age and is the holder of a boating safety certificate.

This section also provides that the provisions of this subdivision shall supersede any local law or ordinance relating to requirements for boating safety certificates to operate a mechanically propelled vessel.

Section 3 of the bill amends section 75 of the navigation law to stipulate that the existing comprehensive boating safety education program initiated and put into effect by the Commissioner shall provide for the training of all boat operators in the safe operation of vessels.

Section 4 of the bill amends subdivision 1 of section 78 of the Navigation law to stipulate that the existing plan put into effect by the Commissioner for boating safety training and the issuance of boating safety certificates shall apply to all boat operators. This section also adds a new subdivision 3 to this section that authorizes and directs the Commissioner to establish a system for tracking and replacing boating safety certificates that have been issued by the Commissioner, and further authorizes the Commissioner to require that any other entity approved by the Commissioner to provide courses of instruction and issue boating safety certificates also establish a system for tracking and replacing boating safety certificates so as to enable the replacement of lost or stolen certificates.

Section 5 of the bill amends section 79 of the Navigation law by numbering the first paragraph and adding a new paragraph 2 to authorize the Commissioner, at his or her discretion, to develop a method for approving internet-based boating safety courses as an

appropriate and effective method for the administration and completion of training in the safe operation of vessels, including personal watercraft and specialty prop-craft, for the purposes of awarding boating safety certificates.

Section 6 of the bill adds a new subdivision 1-a to section 71-d of the Navigation law to provide that a livery may lease, hire or rent a mechanically propelled vessel to a person who is not the holder of a boating safety certificate if:

a. the person is 18 years-of-age or older;

b. the operator of such livery, or his or her designated agent, is the holder of a boating safety certificate and, prior to permitting the use of the vessel, explains and demonstrates, by video or actual demonstration, the operation of such vessel and the location of the vessel's safety equipment;

c. such person, after receiving the aforementioned explanation and demonstration, demonstrates the ability to operate the vessel and applicable safety equipment;

d. such person presents genuine proof of identification and age to the livery operator;

e. the livery operator, or his or her designated agent, at the time of the leasing, hiring or renting, records the name, address and age of the operator of the leased, hired or rented vessel; and

f. the vessel is not leased, hired or rented to the same person for a period not exceeding sixty days.

Section 7 of the bill provides the effective date.

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 operate 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, New Jersey Maritime Association, and boating associations such as the Tug and Barge Association support this legislation.

This legislation provides 120 days for new boat owners to obtain the certificate and exempts liveries with certain requirements. This legislation does not apply to canoes, kayaks or rowboats and does not change existing law regarding the operation of personal watercraft or specialty prop-craft.

Legislative history

S.6633 - 2012 - Transportation; Passed the Assembly S.5752-D 2009-10 - Transportation; Passed the Assembly S.8073 2007-2008 - Referred to Transportation

Fiscal implications

None.

Effective date

This act shall take effect on the first of May next succeeding the date on which it shall have become a law.