Relates to the operation of rowboats, canoes and kayaks

Summary of provisions

Section 1:

Corrects a clerical error of the spelling of "superseding".

Corrects a clerical error to include "or kayak" in order to be consistent with other provisions in the navigation law.

Removes "or a rowboat, canoe or kayak" from the provision requiring all persons under age twelve to wear a personal flotation device at all times because the new law requires all persons, regardless of age, to wear a personal flotation device at all times.

Removes "or a rowboat, canoe or kayak" from the provision requiring all persons aboard all vessels to wear a personal flotation device at all times between November first and May first because the new law requires all persons, regardless of the season, to wear a personal flotation device at all times.

Adds a new paragraph (f), which makes it mandatory for all persons aboard a rowboat, canoe or kayak to wear a personal flotation device at all times when such vessel is underway.

Section 2: The effective date is 30 days after the act becomes law.

Justification

In New York, we are fortunate to have considerable access to the Atlantic Ocean, the Great Lakes, the Long Island Sound, the Finger Lakes, the Hudson River and many other waterways that touch every corner of our State. This access allows us to take part in any number of water-based recreational activities, including operating rowboats, canoes and kayaks. Operating these vessels helps us stay active and offers a fun and engaging way to experience New York's scenic waterways. It should therefore be our priority to ensure these recreational activities are performed safely by persons of all ages and abilities.

Current law provides that from November first through May first a personal flotation device ("PFD") must be worn by all persons at all times while onboard a rowboat, canoe or kayak. However, from May first through November first, a PFD must merely be onboard a rowboat, canoe or kayak, but need not actually be worn by persons over 12 years old (children under 12 must wear a PFD at all times on vessels under 65 feet).

On August 12, 2011, Patrick Luca, a 41 year old father, husband, and 21-year veteran of the New York Police Department, was kayaking with his young son on the Long Island Sound. At some point the vessel

tipped over and Patrick and his son were ejected from the kayak. Patrick, who was not wearing a PFD, which, during the summer months, was not required to be worn, tragically drowned. His son-who was wearing a PFD-was found alive a half-hour later by a boater passing by.

Unfortunately, this type of accident is not uncommon. According to the United States Coast Guard, in 2010 176 persons died while operating or riding upon a rowboat, canoe or kayak. Of those 176, 128 were known to not be wearing a PFD at the time of their death (a 73% fatality sate). Thus, nearly three-quarters of all persons who died while onboard a rowboat, canoe or kayak were not wearing a PFD. Rowboats, canoes and kayaks sit low to the water and therefore are susceptible to tipping, particularly in strong currents, bad weather, and the like. Even in calm water, a sudden change in the boats balance, such as when one or more persons try to stand or switch positions in the vessel, and can lead to tipping. This legislation would require a PFD be worn by all persons aboard a rowboat, canoe or kayak at all times-including the summer months.

In the memory of Patrick Luca, it should be our prerogative to make a concerted effort to ensure the safety of those New Yorkers who recreationally enjoy our waterways. This legislation will do just that.

Legislative history

2012: Passed Senate/Assembly transportation committee 2013-14: Cultural Affairs, Tourism, Parks and Recreation

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it becomes law.