BILL NUMBER:A10537
TITLE OF BILL:
An act
to amend the navigation law and the
vehicle and traffic law, in relation to requiring owners
of public vessels to maintain proof of financial security
PURPOSE OR GENERAL IDEA OF BILL:
To require owners of public vessels to maintain proof of financial
security.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new Section 51 to the Navigation
Law which references the new insurance mandates and requires that
proof of insurance be posted on the vessel.
Section 2 of this bill amends Section 2251 of the Vehicle and Traffic
Law to provide that no public vessel may be registered in this state
unless the application for registration is accompanied by proof of
financial security. Proof if financial security shall be evidenced
by proof of insurance. Owners of public vessels are required to
provide coverage of at least $25,000 per allowable passenger. The
Commissioner of Motor Vehicles is authorized to promulgate rules and
regulations to provide administration and enforcement of the
above referenced provision.
S T A T E O F N E W Y O R K
________________________________________________________________________
10537
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A.
BARCLAY, SAYWARD -- read once and referred to the Committee on Envi-
ronmental Conservation
AN ACT to amend the navigation law and the vehicle and traffic law, in
relation to requiring owners of public vessels to maintain proof of
financial security
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The navigation law is amended by adding a new section 51 to
read as follows:
S 51. PROOF OF FINANCIAL SECURITY. NO PUBLIC VESSEL SHALL BE REGIS-
TERED IN THIS STATE WITHOUT COMPLIANCE WITH THE PROOF OF FINANCIAL SECU-
RITY REQUIREMENTS SET FORTH IN SUBDIVISION TEN OF SECTION TWENTY-TWO
HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
S 2. Section 2251 of the vehicle and traffic law is amended by adding
a new subdivision 10 to read as follows:
10. (A) NO PUBLIC VESSEL, AS THAT TERM IS DEFINED PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION SIX OF SECTION TWO OF THE NAVIGATION LAW, SHALL
BE REGISTERED IN THIS STATE UNLESS THE APPLICATION FOR SUCH REGISTRATION
IS ACCOMPANIED BY PROOF OF FINANCIAL SECURITY WHICH SHALL BE EVIDENCED
BY PROOF OF INSURANCE. SUCH INSURANCE SHALL CONTAIN LIABILITY COVERAGE
OF AN AMOUNT NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS PER PASSENGER.
(B) THE OWNER OF SUCH PUBLIC VESSEL SHALL MAINTAIN PROOF OF FINANCIAL
SECURITY CONTINUOUSLY THROUGHOUT THE REGISTRATION PERIOD AND SUCH
OWNER'S FAILURE TO PRODUCE PROOF OF FINANCIAL SECURITY WHEN REQUESTED TO
DO SO UPON DEMAND OF A MAGISTRATE, PEACE OFFICER, ACTING PURSUANT TO HIS
OR HER SPECIAL DUTIES, OR POLICE OFFICER, WHILE SUCH VESSEL IS BEING
OPERATED UPON THE NAVIGABLE WATERS OF THE STATE, AS THAT TERM IS DEFINED
PURSUANT TO SUBDIVISION FOUR OF SECTION TWO OF THE NAVIGATION LAW, SHALL
BE PRESUMPTIVE EVIDENCE OF OPERATING A PUBLIC VESSEL WITHOUT PROOF OF
FINANCIAL SECURITY. UPON THE PRODUCTION OF PROOF OF FINANCIAL SECURITY
SUCH PRESUMPTION SHALL BE REMOVED. PRODUCTION OF PROOF OF FINANCIAL
SECURITY MAY BE MADE BY MAILING SUCH PROOF TO THE COURT HAVING JURISDIC-
TION IN THE MATTER, AND ANY NECESSARY RESPONSE BY SUCH COURT OR ACKNOWL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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