NY State Assembly Bill 2009-A11160

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2010	print number 11160a
Jun 22, 2010	amend and recommit to codes
Jun 15, 2010	reported referred to codes
May 20, 2010	referred to transportation

Bill Amendments

Original

A (Active)

multi-Sponsors

2009-A11160 - Details

Current Committee:: Assembly Codes
Law Section:: Navigation Law
Laws Affected:: Rpld §2 subs 30 & 31, amd §§49, 71-d & 73-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1864
2013-2014: A3588
2015-2016: A223
2017-2018: A246
2019-2020: A2510

2009-A11160 - Summary

Relates to the definition and regulation of personal watercraft.

2009-A11160 - Sponsor Memo

                                BILL NUMBER:A11160

TITLE  OF  BILL:    An  act  to amend the navigation law, in relation to
personal watercraft; and to repeal certain provisions of such law relat-
ing thereto

PURPOSE OF THE BILL:

This bill would  update  state  laws  applicable  to  the  operation  of
personal  watercraft  to  conform  to  federal  laws and industry safety
recommendations.

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  inconsist-
ency  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 inconsisten-
cies 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  defi-
nition  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  extin-
guisher  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 condi-

tion and to explain to the person renting the PWC how and  when  to  use
the safety equipment. These provisions would help ensure the safe opera-
tion 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).

2009-A11160 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11160

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by  M. of A. GANTT -- Multi-Sponsored by -- M. of A. MAISEL,
  TITONE -- (at request of the Office of Parks, Recreation and  Historic
  Preservation)  -- read once and referred to the Committee on Transpor-
  tation

AN ACT to amend the navigation law, in relation to personal  watercraft;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 30 and 31 of section 2 of the navigation  law,
subdivision  30  as  added  by  chapter  455  of  the  laws of 1990, are
REPEALED, and two new subdivisions 31  and  35  are  added  to  read  as
follows:
  31.  "PERSONAL  WATERCRAFT" SHALL MEAN A VESSEL LESS THAN SIXTEEN FEET
IN LENGTH PROPELLED BY WATER JET PUMP OR OTHER MECHANICAL POWER  AS  ITS
PRIMARY  SOURCE  PROPULSION  AND  WHICH  IS DESIGNED TO BE OPERATED BY A
PERSON SITTING, STANDING, OR KNEELING ON,  OR  BEING  TOWED  BEHIND  THE
VESSEL  RATHER  THAN  IN  THE CONVENTIONAL MANNER OF SITTING OR STANDING
INSIDE THE VESSEL.
  35. "LIVERY" SHALL MEAN ANY PERSON OR BUSINESS ENGAGED IN THE LEASING,
HIRING OR RENTING OF RESIDENTIAL OR PLEASURE VESSELS, INCLUDING ROWBOATS
AND CANOES, FOR WHICH A FEE IS CHARGED OR WHERE PROVIDED AS AN  ACCOMMO-
DATION OR PRIVILEGE OF ACCOMMODATION, RESORT OR AMUSEMENT.
  S  2.  Paragraphs  a,  b and c of subdivision 1-a of section 49 of the
navigation law, as amended by chapter 248  of  the  laws  of  2005,  are
amended to read as follows:
  a.  No  person shall operate a personal watercraft [or specialty prop-
craft] upon the navigable waters of the state or any tidewaters  border-
ing  on  or  lying  within the boundaries of Nassau and Suffolk counties
unless the operator is fourteen years of age or older and the holder of,
or is accompanied by a person over eighteen years  of  age  who  is  the
holder  of  a boating safety certificate issued by the commissioner, the
United States power squadrons, the United States coast guard  auxiliary,
or  other  state  or  government,  as  a  result  of completing a course
approved by the commissioner.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15903-01-0

A. 11160                            2

  b. No person who is the owner of a personal watercraft  [or  specialty
prop-craft] 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 or  Suffolk  counties  unless  the
operator  is  fourteen  years  of  age or older and the holder of, or is
accompanied by a person over eighteen years of age who is the holder  of
a  boating  safety  certificate  issued  by the commissioner, the United
States power squadrons, United States coast guard  auxiliary,  or  other
state  or government, as a result of completing a course approved by the
commissioner.
  c. For the purposes of this subdivision "accompanied" shall mean  upon
the  vessel.  [Provided, however, that until January first, two thousand
nine, in relation to a person less than fourteen years of age who is the
holder of a boating safety certificate issued by the  commissioner,  the
United  States  power  squadrons, United States coast guard auxiliary or
other state or government, accompanied shall also mean within  view  and
not  more  than  five  hundred  feet  from  a  person aboard a vessel or
personal watercraft, who is over eighteen years of age and the holder of
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  United  States coast guard auxiliary or other
state or government, as a result of completing a course approved by  the
commissioner.]
  S  3.  Subdivision 2 of section 71-d of the navigation law, as amended
by chapter 805 of the laws of 1992, is amended to read as follows:
  2. Any person convicted of violating this section shall be guilty of a
violation punishable [by a fine of not less than  twenty-five  nor  more
than  one  hundred  dollars]  AS SET FORTH IN SECTION SEVENTY-THREE-C OF
THIS SECTION.
  S 4. Section 73-a of the navigation law, as added by  chapter  455  of
the laws of 1990, paragraph a of subdivision 1 as amended by chapter 305
of  the  laws  of 2001, paragraphs c and g of subdivision 1 and subdivi-
sions 2 and 3 as amended by chapter 380 of the laws of 1996, paragraph e
of subdivision 1 as amended by chapter 320 of the laws  of  1995,  para-
graphs  (d)  and  (e)  of  subdivision 2 as amended and paragraph (f) of
subdivision 2 as added by chapter 138 of the laws of 1998, is amended to
read as follows:
  S 73-a. Regulations of personal watercraft [and specialty prop-craft].
1.  Personal watercraft [and specialty prop-craft].  a. No person  shall
operate  a  personal  watercraft [or a specialty prop-craft] unless each
person riding on such vessel  is  wearing  a  securely  fastened  United
States Coast Guard approved personal flotation device.
  b. No person shall operate a personal watercraft [or a specialty prop-
craft]  unless  such  vessel is equipped and fitted with a United States
Coast Guard approved device for arresting carburetor backfire.
  c. No person shall operate a personal watercraft [or a specialty prop-
craft] unless such vessel is equipped with:
  (i) [at least two ventilators fitted with cowls  or  their  equivalent
for  the  purpose  of properly and efficiently ventilating the bilges of
every engine and fuel tank compartment in order to remove any  inflamma-
ble   or  explosive  gases  provided,  however,  if  the  vessel  is  so
constructed as to have the greater  portion  of  the  bilges  under  the
engine  and fuel tanks open and exposed to the natural atmosphere at all
times such vessel need not be required to be fitted with  such  ventila-
tors]   ONE   B-1   SIZED   UNITED  STATES  COAST  GUARD  APPROVED  FIRE
EXTINGUISHER; and

A. 11160                            3

  (ii) an efficient sound producing mechanical appliance, except sirens,
capable of producing a blast of two seconds or more in duration  and  of
such strength as to be heard plainly for a distance of at least one-half
mile in still weather; and
  (iii) a [fluorescent-orange] UNITED STATES COAST GUARD APPROVED ORANGE
distress  flag  [which  shall  be a minimum of one foot square] or other
appropriate United States Coast Guard approved visual distress signal.
  d. Any person operating a personal watercraft [or  a  specialty  prop-
craft]  equipped  by the manufacturer with a lanyard type engine cut-off
switch shall attach such lanyard to his  or  her  person,  clothing,  or
personal flotation device as is appropriate for the specific vessel.
  e. No person shall operate a personal watercraft [or a specialty prop-
craft] at any time from sunset to sunrise.
  f. No person shall operate a personal watercraft [or a specialty prop-
craft]  within  five hundred feet of any designated bathing area, except
in bodies of water where  the  opposing  shoreline  is  less  than  five
hundred  feet  from  such  designated  area and in accordance with speed
regulations and restrictions as provided by local law or  ordinance  but
in no event at a speed in excess of ten miles per hour, provided, howev-
er,  that  nothing  contained  in this subdivision shall be construed to
prohibit the launching of such vessel from designated launching areas or
sites.
  g. Every personal watercraft [and specialty prop-craft] shall  at  all
times  be  operated  in a reasonable and prudent manner. Maneuvers which
unreasonably or unnecessarily endanger life, limb, or property,  includ-
ing,  but  not limited to, (i) weaving through congested vessel traffic,
or (ii) jumping the wake of another vessel unreasonably or unnecessarily
close to such other vessel or when visibility around such  other  vessel
is  obstructed,  or  (iii) swerving at the last possible moment to avoid
collision shall constitute reckless operation of a vessel,  as  provided
in section forty-five of this article.
  h.  The  provisions  of  this section shall not apply to any performer
engaged in a professional exhibition or any person preparing to  partic-
ipate or participating in a regatta, race, marine parade, tournament, or
exhibition authorized under section thirty-four of this chapter.
  i.  The  provisions  of this section shall apply to the operation of a
personal watercraft [and a specialty prop-craft] on any waterway or body
of water located within New York state and not privately owned  and  any
part  of  any  body  of  water adjacent to New York state over which the
state has territorial jurisdiction, including all  tidewaters  bordering
on and lying within the boundaries of Nassau and Suffolk counties.
  j. The provisions of section forty of this [chapter] ARTICLE shall not
apply to personal watercraft [or specialty prop-craft].
  (K)  NO  PERSON  SHALL  OPERATE A PERSONAL WATERCRAFT WITH A PASSENGER
RIDING IN FRONT OF THE OPERATOR AND EACH PASSENGER MUST BE OF SUFFICIENT
HEIGHT TO PLACE HIS OR HER FEET FIRMLY ON THE DECK  WHILE  HOLDING  ONTO
THE OPERATOR OR ONTO THE HANDHOLDS.
  2.  Liveries.  Notwithstanding the provisions of section forty-nine or
seventy-one-d of this [chapter] ARTICLE, no livery shall lease, hire, or
rent a personal watercraft [or a specialty  prop-craft]  to  any  person
unless:
  (a) such person is [sixteen] EIGHTEEN years of age or older.
  (b)  the  operator  of  such livery, or his designated agent, prior to
permitting the use by  such  person  of  such  personal  watercraft  [or
specialty prop-craft], explains and demonstrates to such person by video
or  actual  in  water  demonstration  the  operating  procedure  of such

A. 11160                            4

personal watercraft [or  specialty  prop-craft]  and  the  use  of  such
vessel's safety equipment;
  (c)  such  person,  after  receiving the explanation and demonstration
required pursuant to paragraph (b) of this subdivision, demonstrates  to
such  livery operator or to such designated agent the ability to operate
such vessel and use the applicable safety equipment;
  (d) such person has presented genuine proof of identification and age;
and except as provided in paragraph (f) of this subdivision, has  demon-
strated  compliance  with  section  forty-nine  of this article, to such
livery operator or the livery operator's designated agent prior  to  the
time of leasing, hiring or renting such vessel;
  (e)  such livery operator or his designated agent, at the time of such
leasing, hiring or renting, records the name, address  and  age  of  the
user of the leased, hired or rented vessel, and the model, year, name of
manufacturer, and state registration or federal documentation numbers of
the leased, hired or rented vessel. Such records shall be maintained for
a period of not less than one year; and
  (f)  notwithstanding  the provisions of paragraph (d) of this subdivi-
sion and subdivision one-a of section  forty-nine  of  this  article,  a
person  over  eighteen years of age may operate such personal watercraft
[or specialty prop-craft] without the certificate required  pursuant  to
section  forty-nine of this article when such operation is restricted by
the operator of such livery, or the livery operator's designated  agent,
to  a  specified  area,  no part of which shall be more than twenty-five
hundred feet from the livery location, or, if removed  from  the  livery
location,  not  more  than five hundred feet from the livery operator or
agent assigned by the livery operator to supervise  such  operation  and
such  personal  watercraft  [or specialty propcraft] and/or the personal
flotation device of the operator is clearly marked in such a  manner  as
to be distinguishable by the operator of such livery or the livery oper-
ator's designated agent within the permitted areas of operation.
  (G)  THE  OPERATOR  OF SUCH LIVERY OR ANY DESIGNATED AGENT RESPONSIBLE
FOR PROVIDING EXPLANATIONS AND DEMONSTRATIONS REQUIRED BY  THIS  SECTION
SHALL  HAVE  SUCCESSFULLY  COMPLETED A BOATING SAFETY COURSE APPROVED BY
THE COMMISSIONER.
  (H) THE OPERATOR OF SUCH LIVERY SHALL PROVIDE THE  OPERATORS  OF  SUCH
PERSONAL  WATERCRAFT  WITH  ALL  THE EQUIPMENT REQUIRED BY THIS CHAPTER.
SUCH EQUIPMENT MUST  BE  FULLY  EXPLAINED  TO  THE  PERSON  RENTING  THE
PERSONAL WATERCRAFT AND ALL EQUIPMENT MUST BE IN SERVICEABLE CONDITION.
  3.  Penalties for violation. (a) Every person convicted of a violation
of this section, other than a conviction for a violation of  subdivision
two of this section, shall for a first conviction thereof be punished by
a fine of not less than fifty dollars nor more than two hundred dollars;
for  a  conviction  of  a second violation, both of which were committed
within a period of twenty-four months, such person shall be punished  by
a  fine  of not less than one hundred dollars nor more than four hundred
dollars; upon a conviction of a third or subsequent  violation,  all  of
which  were committed within a period of twenty-four months, such person
shall be punished by a fine of not less than  two  hundred  dollars  nor
more than five hundred dollars and the revocation of the registration of
the personal watercraft.
  (b)  Every  person convicted of a violation of subdivision two of this
section shall for a first conviction thereof be punished by  a  fine  of
not less than one hundred dollars nor more than two hundred dollars; for
a  conviction of a second violation, both of which were committed within
a period of twenty-four months, such person shall be punished by a  fine

A. 11160                            5

of not less than two hundred dollars nor more than four hundred dollars;
upon  a conviction of a third or subsequent violation, all of which were
committed within a period of twenty-four months, such  person  shall  be
punished  by  a fine of not less than four hundred dollars nor more than
eight hundred dollars.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided, however, that paragraphs (g) and (h) of
subdivision 2 of section 73-a of the navigation law as added by  section
four  of  this  act shall take effect January 1, 2011; provided further,
however, that the amendments to paragraph f of subdivision 2 of  section
73-a  of  the  navigation law made by section four of this act shall not
affect the repeal of such paragraph and shall be deemed to  be  repealed
therewith.

multi-Sponsors

2009-A11160A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Navigation Law
Laws Affected:: Rpld §2 subs 30 & 31, amd §§49, 71-d & 73-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1864
2013-2014: A3588
2015-2016: A223
2017-2018: A246
2019-2020: A2510

2009-A11160A (ACTIVE) - Summary

Relates to the definition and regulation of personal watercraft.

2009-A11160A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                11160--A

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by  M. of A. GANTT -- Multi-Sponsored by -- M. of A. MAISEL,
  TITONE -- (at request of the Office of Parks, Recreation and  Historic
  Preservation)  -- read once and referred to the Committee on Transpor-
  tation -- reported and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the navigation law, in relation to personal  watercraft;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 30 and 31 of section 2 of the navigation  law,
subdivision  30  as  added  by  chapter  455  of  the  laws of 1990, are
REPEALED, and two new subdivisions 31  and  35  are  added  to  read  as
follows:
  31.  "PERSONAL  WATERCRAFT" SHALL MEAN A VESSEL LESS THAN SIXTEEN FEET
IN LENGTH PROPELLED BY WATER JET PUMP OR OTHER MECHANICAL POWER  AS  ITS
PRIMARY  SOURCE  PROPULSION  AND  WHICH  IS DESIGNED TO BE OPERATED BY A
PERSON SITTING, STANDING, OR KNEELING ON,  OR  BEING  TOWED  BEHIND  THE
VESSEL  RATHER  THAN  IN  THE CONVENTIONAL MANNER OF SITTING OR STANDING
INSIDE THE VESSEL.
  35. "LIVERY" SHALL MEAN ANY PERSON OR BUSINESS ENGAGED IN THE LEASING,
HIRING OR RENTING OF RESIDENTIAL OR PLEASURE VESSELS, INCLUDING ROWBOATS
AND CANOES, FOR WHICH A FEE IS CHARGED OR WHERE PROVIDED AS AN  ACCOMMO-
DATION OR PRIVILEGE OF ACCOMMODATION, RESORT OR AMUSEMENT.
  S  2.  Paragraphs  a,  b and c of subdivision 1-a of section 49 of the
navigation law, as amended by chapter 248  of  the  laws  of  2005,  are
amended to read as follows:
  a.  No  person shall operate a personal watercraft [or specialty prop-
craft] upon the navigable waters of the state or any tidewaters  border-
ing  on  or  lying  within the boundaries of Nassau and Suffolk counties
unless the operator is fourteen years of age or older and the holder of,
or is accompanied by a person over eighteen years  of  age  who  is  the
holder  of  a boating safety certificate issued by the commissioner, the
United States power squadrons, the United States coast guard  auxiliary,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15903-03-0

A. 11160--A                         2

or  other  state  or  government,  as  a  result  of completing a course
approved by the commissioner.
  b.  No  person who is the owner of a personal watercraft [or specialty
prop-craft] 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 or Suffolk counties unless the
operator is fourteen years of age or older and  the  holder  of,  or  is
accompanied  by a person over eighteen years of age who is the holder of
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  United States coast guard auxiliary, or other
state or government, as a result of completing a course approved by  the
commissioner.
  c.  For the purposes of this subdivision "accompanied" shall mean upon
the vessel. [Provided, however, that until January first,  two  thousand
nine, in relation to a person less than fourteen years of age who is the
holder  of  a boating safety certificate issued by the commissioner, the
United States power squadrons, United States coast  guard  auxiliary  or
other  state  or government, accompanied shall also mean within view and
not more than five hundred  feet  from  a  person  aboard  a  vessel  or
personal watercraft, who is over eighteen years of age and the holder of
a  boating  safety  certificate  issued  by the commissioner, the United
States power squadrons, United States coast  guard  auxiliary  or  other
state  or government, as a result of completing a course approved by the
commissioner.]
  S 3. Subdivision 2 of section 71-d of the navigation law,  as  amended
by chapter 805 of the laws of 1992, is amended to read as follows:
  2. Any person convicted of violating this section shall be guilty of a
violation  punishable  [by  a fine of not less than twenty-five nor more
than one hundred dollars] AS SET FORTH  IN  SECTION  SEVENTY-THREE-C  OF
THIS ARTICLE.
  S  4.  Section  73-a of the navigation law, as added by chapter 455 of
the laws of 1990, paragraph a of subdivision 1 as amended by chapter 305
of the laws of 2001, paragraphs c and g of subdivision  1  and  subdivi-
sions 2 and 3 as amended by chapter 380 of the laws of 1996, paragraph e
of  subdivision  1  as amended by chapter 320 of the laws of 1995, para-
graphs (d) and (e) of subdivision 2 as  amended  and  paragraph  (f)  of
subdivision 2 as added by chapter 138 of the laws of 1998, is amended to
read as follows:
  S 73-a. Regulations of personal watercraft [and specialty prop-craft].
1.   Personal watercraft [and specialty prop-craft].  a. No person shall
operate a personal watercraft [or a specialty  prop-craft]  unless  each
person  riding  on  such  vessel  is  wearing a securely fastened United
States Coast Guard approved personal flotation device.
  b. No person shall operate a personal watercraft [or a specialty prop-
craft] unless such vessel is equipped and fitted with  a  United  States
Coast Guard approved device for arresting carburetor backfire.
  c. No person shall operate a personal watercraft [or a specialty prop-
craft] unless such vessel is equipped with:
  (i)  [at  least  two ventilators fitted with cowls or their equivalent
for the purpose of properly and efficiently ventilating  the  bilges  of
every  engine and fuel tank compartment in order to remove any inflamma-
ble  or  explosive  gases  provided,  however,  if  the  vessel  is   so
constructed  as  to  have  the  greater  portion of the bilges under the
engine and fuel tanks open and exposed to the natural atmosphere at  all
times  such  vessel need not be required to be fitted with such ventila-

A. 11160--A                         3

tors]  ONE  B-1  SIZED  UNITED  STATES   COAST   GUARD   APPROVED   FIRE
EXTINGUISHER; and
  (ii) an efficient sound producing mechanical appliance, except sirens,
capable  of  producing a blast of two seconds or more in duration and of
such strength as to be heard plainly for a distance of at least one-half
mile in still weather; and
  (iii) a [fluorescent-orange] UNITED STATES COAST GUARD APPROVED ORANGE
distress flag [which shall be a minimum of one  foot  square]  or  other
appropriate United States Coast Guard approved visual distress signal.
  d.  Any  person  operating a personal watercraft [or a specialty prop-
craft] equipped by the manufacturer with a lanyard type  engine  cut-off
switch  shall  attach  such  lanyard  to his or her person, clothing, or
personal flotation device as is appropriate for the specific vessel.
  e. No person shall operate a personal watercraft [or a specialty prop-
craft] at any time from sunset to sunrise.
  f. No person shall operate a personal watercraft [or a specialty prop-
craft] within five hundred feet of any designated bathing  area,  except
in  bodies  of  water  where  the  opposing  shoreline is less than five
hundred feet from such designated area  and  in  accordance  with  speed
regulations  and  restrictions as provided by local law or ordinance but
in no event at a speed in excess of ten miles per hour, provided, howev-
er, that nothing contained in this subdivision  shall  be  construed  to
prohibit the launching of such vessel from designated launching areas or
sites.
  g.  Every  personal watercraft [and specialty prop-craft] shall at all
times be operated in a reasonable and prudent  manner.  Maneuvers  which
unreasonably  or unnecessarily endanger life, limb, or property, includ-
ing, but not limited to, (i) weaving through congested  vessel  traffic,
or (ii) jumping the wake of another vessel unreasonably or unnecessarily
close  to  such other vessel or when visibility around such other vessel
is obstructed, or (iii) swerving at the last possible  moment  to  avoid
collision  shall  constitute reckless operation of a vessel, as provided
in section forty-five of this article.
  h. The provisions of this section shall not  apply  to  any  performer
engaged  in a professional exhibition or any person preparing to partic-
ipate or participating in a regatta, race, marine parade, tournament, or
exhibition authorized under section thirty-four of this chapter.
  i. The provisions of this section shall apply to the  operation  of  a
personal watercraft [and a specialty prop-craft] on any waterway or body
of  water  located within New York state and not privately owned and any
part of any body of water adjacent to New  York  state  over  which  the
state  has  territorial jurisdiction, including all tidewaters bordering
on and lying within the boundaries of Nassau and Suffolk counties.
  j. The provisions of section forty of this [chapter] ARTICLE shall not
apply to personal watercraft [or specialty prop-craft].
  K. NO PERSON SHALL OPERATE A  PERSONAL  WATERCRAFT  WITH  A  PASSENGER
RIDING IN FRONT OF THE OPERATOR AND EACH PASSENGER MUST BE ABLE TO PLACE
HIS  OR  HER  FEET FIRMLY ON THE DECK WHILE HOLDING ONTO THE OPERATOR OR
ONTO THE HANDHOLDS.
  2. Liveries. Notwithstanding the provisions of section  forty-nine  or
seventy-one-d of this [chapter] ARTICLE, no livery shall lease, hire, or
rent  a  personal  watercraft  [or a specialty prop-craft] to any person
unless:
  (a) such person is [sixteen] EIGHTEEN years of age or older.
  (b) the operator of such livery, or his  designated  agent,  prior  to
permitting  the  use  by  such  person  of  such personal watercraft [or

A. 11160--A                         4

specialty prop-craft], explains and demonstrates to such person by video
or actual  in  water  demonstration  the  operating  procedure  of  such
personal  watercraft  [or  specialty  prop-craft]  and  the  use of such
vessel's safety equipment;
  (c)  such  person,  after  receiving the explanation and demonstration
required pursuant to paragraph (b) of this subdivision, demonstrates  to
such  livery operator or to such designated agent the ability to operate
such vessel and use the applicable safety equipment;
  (d) such person has presented genuine proof of identification and age;
and except as provided in paragraph (f) of this subdivision, has  demon-
strated  compliance  with  section  forty-nine  of this article, to such
livery operator or the livery operator's designated agent prior  to  the
time of leasing, hiring or renting such vessel;
  (e)  such livery operator or his designated agent, at the time of such
leasing, hiring or renting, records the name, address  and  age  of  the
user of the leased, hired or rented vessel, and the model, year, name of
manufacturer, and state registration or federal documentation numbers of
the leased, hired or rented vessel. Such records shall be maintained for
a period of not less than one year; and
  (f)  notwithstanding  the provisions of paragraph (d) of this subdivi-
sion and subdivision one-a of section  forty-nine  of  this  article,  a
person  over  eighteen years of age may operate such personal watercraft
[or specialty prop-craft] without the certificate required  pursuant  to
section  forty-nine of this article when such operation is restricted by
the operator of such livery, or the livery operator's designated  agent,
to  a  specified  area,  no part of which shall be more than twenty-five
hundred feet from the livery location, or, if removed  from  the  livery
location,  not  more  than five hundred feet from the livery operator or
agent assigned by the livery operator to supervise  such  operation  and
such  personal  watercraft  [or specialty propcraft] and/or the personal
flotation device of the operator is clearly marked in such a  manner  as
to be distinguishable by the operator of such livery or the livery oper-
ator's designated agent within the permitted areas of operation.
  (G)  THE  OPERATOR  OF SUCH LIVERY OR ANY DESIGNATED AGENT RESPONSIBLE
FOR PROVIDING EXPLANATIONS AND DEMONSTRATIONS REQUIRED BY  THIS  SECTION
SHALL  HAVE  SUCCESSFULLY  COMPLETED A BOATING SAFETY COURSE APPROVED BY
THE COMMISSIONER.
  (H) THE OPERATOR OF SUCH LIVERY SHALL PROVIDE THE  OPERATORS  OF  SUCH
PERSONAL  WATERCRAFT  WITH  ALL  THE EQUIPMENT REQUIRED BY THIS CHAPTER.
SUCH EQUIPMENT MUST  BE  FULLY  EXPLAINED  TO  THE  PERSON  RENTING  THE
PERSONAL WATERCRAFT AND ALL EQUIPMENT MUST BE IN SERVICEABLE CONDITION.
  3.  Penalties for violation. (a) Every person convicted of a violation
of this section, other than a conviction for a violation of  subdivision
two of this section, shall for a first conviction thereof be punished by
a fine of not less than fifty dollars nor more than two hundred dollars;
for  a  conviction  of  a second violation, both of which were committed
within a period of twenty-four months, such person shall be punished  by
a  fine  of not less than one hundred dollars nor more than four hundred
dollars; upon a conviction of a third or subsequent  violation,  all  of
which  were committed within a period of twenty-four months, such person
shall be punished by a fine of not less than  two  hundred  dollars  nor
more than five hundred dollars and the revocation of the registration of
the personal watercraft.
  (b)  Every  person convicted of a violation of subdivision two of this
section shall for a first conviction thereof be punished by  a  fine  of
not less than one hundred dollars nor more than two hundred dollars; for

A. 11160--A                         5

a  conviction of a second violation, both of which were committed within
a period of twenty-four months, such person shall be punished by a  fine
of not less than two hundred dollars nor more than four hundred dollars;
upon  a conviction of a third or subsequent violation, all of which were
committed within a period of twenty-four months, such  person  shall  be
punished  by  a fine of not less than four hundred dollars nor more than
eight hundred dollars.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided, however, that paragraphs (g) and (h) of
subdivision 2 of section 73-a of the navigation law as added by  section
four  of  this  act shall take effect January 1, 2011; provided further,
however, that the amendments  to  paragraph  (f)  of  subdivision  2  of
section  73-a  of  the  navigation  law made by section four of this act
shall not affect the repeal  of  such  paragraph  and  shall  be  deemed
repealed therewith.

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Assembly Bill A11160

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

multi-Sponsors

2009-A11160 - Details

2009-A11160 - Summary

2009-A11160 - Sponsor Memo

2009-A11160 - Bill Text download pdf

multi-Sponsors

2009-A11160A (ACTIVE) - Details

2009-A11160A (ACTIVE) - Summary

2009-A11160A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A11160

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Sponsored By

GANTT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

multi-Sponsors

Alan Maisel

Matthew Titone

2009-A11160 - Details

2009-A11160 - Summary

2009-A11160 - Sponsor Memo

2009-A11160 - Bill Text download pdf

multi-Sponsors

Alan Maisel

Matthew Titone

2009-A11160A (ACTIVE) - Details

2009-A11160A (ACTIVE) - Summary

2009-A11160A (ACTIVE) - Bill Text download pdf

Comments