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S3012Senate2019-2020 SessionSame asA7931

Emergency Boat Law Exemption

Official title

“Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while responding to emergencies”

Sponsor Jim GaughranSD-5+1 co-sponsorAffects Transportation
Status
In Assembly Committee
Transportation
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Transportation

What's happening

This bill allows law enforcement and fire department vessels to disregard certain navigation laws during emergencies, with safety requirements.

Why it matters

  1. Prioritizes rapid emergency response. By allowing law enforcement and fire department vessels to disregard navigation rules during emergencies, the bill enables faster response times, which could be crucial for saving lives or property during urgent incidents on the water.

  2. Balances public safety with emergency powers. The exemption only applies when vessels use audible signals and display visible blue or red lights, ensuring other boaters are alerted to the presence of an emergency and can take appropriate action to avoid accidents.

  3. Maintains operator accountability. The bill explicitly states that emergency vessel operators must still prioritize safety and can be held liable for reckless actions, ensuring that the new privileges do not grant blanket immunity or encourage dangerous behavior.

  4. Aligns maritime law with land-based emergency protocols. This change brings waterway rules closer to those already in place for emergency vehicles on roads, standardizing expectations for first responders and the public across different types of emergency response scenarios.

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Who cares

Headline styles

Emergency Boat Law Exemption

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

1 Co-sponsor

History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.123
  7. Referred to cultural affairs, tourism, parks and recreation
  8. Returned to senate
  9. Died in assembly
  10. Referred to transportation
  11. Delivered to assembly
  12. Passed senateVote 61–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.441
  4. Referred to cultural affairs, tourism, parks and recreation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7931Assembly

Emergency Vessels Get Exemption

In Assembly Committee · Transportation · Sponsor Fred Thiele

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3012

2019-2020 Regular Sessions

IN SENATE

January 31, 2019

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation

AN ACT to amend the navigation law, in relation to providing an exemption from certain laws for operators of law enforcement and fire department vessels responding to emergencies on the navigable waters of the state

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The navigation law is amended by adding a new section 39-b to read as follows:

§ 39-b. Law enforcement and fire department vessels. 1. The operator of a law enforcement or fire department vessel, when involved in an emergency operation on the navigable waters of the state, may exercise the privileges set forth in subdivision two of this section, but subject to the conditions set forth in subdivisions three and four of this section.

2. The operator of a law enforcement or fire department vessel may disregard any law, rule or regulation of this state or any local law or ordinance of a municipality of this state governing the movement or turning of vessels upon such navigable waters.

3. The privileges granted to the operator of a law enforcement or fire department vessel pursuant to this section shall apply only when audible signals are sounded from any such vessel while in motion by bell, horn, siren, electronic device or exhaust whistle as may be reasonably necessary, and when the vessel is equipped with at least one lighted lamp so that from any direction, under normal atmospheric conditions from a distance of five hundred feet from such vessel, at least one blue or red light will be displayed and visible.

4. The provisions of this section shall not relieve the operator of a law enforcement or fire department vessel from the duty to operate such

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09302-01-9

S. 3012 2

vessel with due regard for the safety of all persons, nor shall such provisions protect the operator from the consequences of his or her reckless disregard for the safety of others.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the navigation law, in relation to providing an exemption from certain laws for operators of law enforcement and fire department vessels responding to emergencies on the navigable waters of the state

Purpose

This bill exempts law enforcement and fire departments from laws which regulate vessels on the navigable waters of the state while in the course of responding to emergencies.

Summary of provisions

Adds a new section 39-b of the Navigation Law to provide an exemption from certain laws for law enforcement vessels responding to emergencies on the navigable waters of the state.

Justification

The New York State Harbormaster & Bay Constable Association have raised a concern that NYS Navigation Law does not exempt bona fide law enforce- ment agencies and fire departments from deviating from the State Law when responding to emergencies or in pursuit of law enforcement activ- ities. Such exemptions currently exist in the NYS Vehicle and Traffic Law with regards to police and emergency vehicles.

This omission may become an issue of liability on the part of State, County and Local government. This legislation will remedy the situation.

Legislative history

S1185/A7612 of 2017/18 S387-A/S7087-A of 2015/16 S1504/A7656 of 2013/14 S922 of 2011/12

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.