S T A T E O F N E W Y O R K
________________________________________________________________________
1192
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
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Introduced by M. of A. LAVINE -- Multi-Sponsored by -- M. of A. RAIA --
read once and referred to the Committee on Tourism, Parks, Arts and
Sports Development
AN ACT to amend the navigation law, in relation to requirements for the
operation of a boat in tidewaters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 49 of the navigation law, as
amended by chapter 361 of the laws of 2013, is amended to read as
follows:
1. No person [born on or after May first, nineteen hundred ninety-six]
shall operate a mechanically propelled vessel on the navigable waters of
the state or any tidewaters bordering on or lying within the boundaries
of Nassau and Suffolk counties, unless:
a. the operator is at least [ten] FOURTEEN years old and is the holder
of a boating safety certificate issued to him or her by the commission-
er, the United States Power Squadrons or the United States coast guard
auxiliary; or
b. [the operator is younger than eighteen years of age, and is accom-
panied on the mechanically propelled vessel by at least one person who
is at least eighteen years of age and is
(i) the holder of a boating safety certificate issued to him or her by
the commissioner, the United States Power Squadrons or the United States
coast guard auxiliary, or
(ii) not required by this subdivision to hold a boating safety certif-
icate in order to operate a mechanically propelled vessel; or
c.] the operator is eighteen years of age or older, is a person
required by this subdivision to hold a boating safety certificate in
order to operate a mechanically propelled vessel, and is accompanied on
the mechanically propelled vessel by at least one person who is at least
eighteen years of age and the holder of a boating safety certificate; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03310-01-5
A. 1192 2
[d.] C. the operator is the owner of a recently purchased vessel and
may operate such vessel without the otherwise required boating safety
certificate for a period of time not to exceed one hundred twenty days
from the date of purchase.
[e.] D. The provisions of this subdivision shall not apply to persons
who are: [born before April thirtieth, nineteen hundred ninety-six;]
certified by the commissioner as boating safety instructors; members of
the United States Power Squadrons; members of the United States coast
guard auxiliary; holders of public vessel licenses pursuant to section
sixty-four of this article; police officers, peace officers, fire
personnel, rescue personnel or lifeguards, when any such person is
acting pursuant to assigned duties; or licensed to operate vessels by
the United States coast guard or the Canadian coast guard. The commis-
sioner, by rule or regulation, may provide for the exemption of addi-
tional persons not listed in this paragraph from the requirements of
this section.
[f.] E. The provisions of this subdivision shall supersede all local
laws or ordinances relating to requirements for boating safety certif-
icates to operate a mechanically propelled vessel.
F. EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, THE PROVISIONS OF
THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND TWEN-
TY-TWO YEARS OF AGE; EFFECTIVE JANUARY FIRST, TWO THOUSAND SEVENTEEN,
THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN
FOURTEEN AND TWENTY-EIGHT YEARS OF AGE; EFFECTIVE JANUARY FIRST, TWO
THOUSAND EIGHTEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL
PERSONS BETWEEN FOURTEEN AND THIRTY-FOUR YEARS OF AGE; EFFECTIVE JANUARY
FIRST, TWO THOUSAND NINETEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY YEARS OF AGE; EFFECTIVE
JANUARY FIRST, TWO THOUSAND TWENTY, THE PROVISIONS OF THIS SUBDIVISION
SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY-SIX YEARS OF AGE;
EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO ALL PERSONS.
S 2. Paragraphs a and b of subdivision 3 of section 49 of the naviga-
tion law, as added by chapter 361 of the laws of 2013, are amended to
read as follows:
a. the operator is [born on or before April thirtieth, nineteen
hundred ninety-six] EIGHTEEN YEARS OF AGE OR OLDER; or
b. the operator is born on or after May first, nineteen hundred nine-
ty-six, is at least [ten] FOURTEEN years of age and is the holder of a
boating safety certificate issued to him or her by the commissioner, the
United States Power Squadrons or the United States coast guard auxilia-
ry[,]; or
S 3. Section 79 of the navigation law, as amended by chapter 361 of
the laws of 2013, is amended to read as follows:
S 79. Courses of instruction. 1. For the purpose of giving such cours-
es of instruction and awarding boating safety certificates, the commis-
sioner may designate as his or her agent any person the commissioner
deems qualified to act in such capacity, including, but not limited to,
certified instructors of the United States coast guard auxiliary, United
States power squadrons, American power boat association, boy scouts of
America, Red Cross and other organizations. No charge whatsoever shall
be made to any person less than eighteen years of age for the issuance
of a boating safety certificate. Persons less than eighteen years of age
may be charged a fee for instruction in boating safety, except that the
office may not charge a fee when providing such instruction to persons
less than eighteen years of age.
A. 1192 3
2. [The commissioner is authorized, at his or her discretion, to
develop a method for approving internet-based boating safety courses as
an appropriate and effective method for the administration and
completion of training in the safe operation of vessels, including
personal watercraft and specialty prop-craft, for the purposes of award-
ing a boating safety certificate pursuant to this section] ALL COURSES
OF INSTRUCTION MUST BE PROCTORED; ONLINE CLASSES ARE NOT PERMITTED.
S 4. This act shall take effect immediately.