BILL NUMBER:  S3024

 TITLE OF BILL :

An act to amend the navigation law, in relation to the wearing of
personal flotation devices when underway on a pleasure vessel less
than twenty-one feet


 PURPOSE OF THE BILL :

The purpose of this bill is to clarify legal requirements concerning
the use of a personal flotation device (PFD) on pleasure vessels, and
decrease boating-related injuries and fatalities by requiring the use
of PFDs on small vessels during the months of the year when water
temperatures are at their coldest.

 SUMMARY OF PROVISIONS :

This bill amends Navigation Law § 40 by adding a new paragraph (e) to
subdivision 1 to prohibit owners and operators of certain pleasure
vessels from permitting the operation of such vessels between November
1 and May 1 unless each passenger is wearing a PFD when the vessel is
underway.

 EXISTING LAW :
              

Navigation Law § 40 requires certain vessels to maintain PDFs, and
mandates that they be worn in certain circumstances. It does not,
however, require passengers of pleasure vessels, over the age of
eleven, to wear a PFD when the vessel is underway. In addition, the
subdivision heading for Navigation Law § 40(1) contains a
typographical error.

 PRIOR LEGISLATIVE HISTORY :

Similar proposals were introduced on behalf of the Office of Parks,
Recreation and Historical Preservation in 2007 (S.3951/A.8928/
A.11408); in 2005 (A-7818/S.4128); and in 2004 (S.6596-A/A.10841-B).

 STATEMENT IN SUPPORT :

Over the past decade there has been an upward trend in recreational
boating fatalities. Nearly 20% of these boating fatalities occurred
during the winter/early spring months involving small boats. In 90% of
these cases, the victim was not wearing a PFD.

A primary factor in these fatalities is water temperature. Immersion
in cold water can cause hypothermia. In water temperatures between 32
and 40 degrees, a person can become unconscious in less than 15
minutes. Even in water with a temperature of 60 degrees, a person can
become unconscious within one or two hours of submersion. Unnecessary
movement in the water - as when a person swims or struggles to stay
afloat - accelerates body heat loss and the onset of hypothermia.
Hypothermia can also increase the chances of uncontrollable gasp
reflex which in turn can cause water ingestion and drowning.

Because fewer persons are engaged in boating and related activities
during the off-season, the likelihood of prompt rescue during the
cold-water months is reduced. Under cold water conditions, a person's
best chance of survival is to wear a securely fastened PFD which
allows the body to conserve energy, prevents submersion, and allows
more time for rescue.

Neighboring states, such as Connecticut and Massachusetts, have laws
requiring the wearing of PFDs on smaller, non-motorized vessels
between mid-September and mid-May. Last year, the Western States
Boating Administrators Association passed a resolution encouraging
states in its district to adopt these requirements to prevent boating
fatalities during the off-season.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act would take effect on the first day of November next
succeeding the date on which it becomes a law.