Relates to boating safety certificates

Summary of provisions

Section 1 amends section 49 of the Navigation Law to allow only persons over the age of 10 to operate a mechanically propelled vessel; to allow person 10-13 to operate only when accompanied by a person 18 or older with a safety certificate; to allow persons 14 and older without a safety certificate to operate when accompanied by a person 18 or older with a safety certificate; and to allow person 14-17 with a safety certificate to operate unaccompanied between sunrise and sunset. Additionally, it provides that an owner shall only allow person who authorized as provided above to operate his or her vessel.

Section 2 amends section 75 of the Navigation Law to reflect the general scope of the boater education program.

Section 3 amends section 78 of the Navigation Law to reflect the general scope of the boater education program.

Section 4 amends section 79 of the Navigation Law to reflect the general scope of the boater education program.

Section 5 adds a new section 79-b to the Navigation Law allowing the Department of Parks and Recreation and Historical Preservation to promulgate rules and regulations regarding temporary boating safety certificates for those who rent a vessel; additionally, it adds a new section 79-c, which provides for a written test in lieu of a boating safety course for experienced boaters.

Section 6 amends section 2251 of the VTL to provide that no boat shall be registered, re-registered or transferred to any person who is not the holder of a boating safety certificate.

Section 7 provides that the bill shall take effect immediately and that the Department of Parks and Recreation along with the DMV shall conduct a public awareness campaign; provided however that 180 days from effective date, persons under 18 must have a boating safety certificate to operate under section 1 of the act; provided further 1 year after the effective date of the act, persons 18 and over who were not registered boat owners at the effective date of the act must have a boating safety certificate to operate under section 1 of the act; provided further that 2 years after the effective date of the act, persons 18 and over who were registered boat owners at the effective date of the act must have a boating safety certificate to operate under section 1 of the act.

Existing law

Under current law, any person under the age of 18 may operate a mechanically propelled vessel when accompanied by a person over 18 (with or without a boating safety certificate), any person 10 and over may operate unaccompanied, if that person has a boating safety certificate, and any person over the age of 18 (with or without a boating safety certificate) can operate a mechanically propelled vessel.

Justification

This bill recognizes the vital nature of boating to the State of New York and recognizes that in large measure that that vitality depends on the safety of New York's waterways. This bill amends the Navigation Law to require that at all times a person who is trained in boating safety is on board a mechanically propelled vessel during operation. Current law allows any person over the age of 18, whether or not he or she has received any training, to operate a vessel of any size on any body of water. This is not prudent. The rules of New York's waterways are in every sense as complicated as those of New York's roadways, and it is therefore commonsense to require that all boater have training in these rules to assure the safe operation of all vessels and the safety of others utilizing the waterways.

Legislative history

2011: Rules Committee (S.7831/A.10805)

Fiscal implications

Undetermined.

Effective date

Immediately and the Department of Parks and Recreation in consultation with the DMV shall conduct a public awareness campaign to make the public aware of the changes in the safety certificate requirements. 180 days, all persons under 18 must comply with the new safety certificate requirements; 1 year, all persons 18 and older who are not at the effective date registered boat owners must comply with the new safety certificate requirements; 2 years, all persons 18 and over who are at the effective date registered boat owners must comply with the safety certificate requirements.