S T A T E   O F   N E W   Y O R K
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                                  3588

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. GANTT, MAISEL, TITONE -- read once and referred
  to the Committee on Transportation

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
are  REPEALED  and  two  new subdivisions 31 and 35 are added to read as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.
                                                           LBD05759-01-3
              

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  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-
tors]   ONE   B-1   SIZED   UNITED  STATES  COAST  GUARD  APPROVED  FIRE
EXTINGUISHER; and

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  (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
specialty prop-craft], explains and demonstrates to such person by video
or  actual  in  water  demonstration  the  operating  procedure  of such

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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

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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, 2014; 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.