S T A T E O F N E W Y O R K
________________________________________________________________________
7931
2019-2020 Regular Sessions
I N A S S E M B L Y
May 28, 2019
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Introduced by M. of A. THIELE, MONTESANO -- read once and referred to
the Committee on Transportation
AN ACT to amend the navigation law, in relation to providing an
exemption from certain laws for operators of law enforcement and fire
department vessels responding to emergencies on the navigable waters
of the state
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 39-b
to read as follows:
§ 39-B. LAW ENFORCEMENT AND FIRE DEPARTMENT VESSELS. 1. THE OPERATOR
OF A LAW ENFORCEMENT OR FIRE DEPARTMENT VESSEL, WHEN INVOLVED IN AN
EMERGENCY OPERATION ON THE NAVIGABLE WATERS OF THE STATE, MAY EXERCISE
THE PRIVILEGES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, BUT SUBJECT
TO THE CONDITIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF THIS
SECTION.
2. THE OPERATOR OF A LAW ENFORCEMENT OR FIRE DEPARTMENT VESSEL MAY
DISREGARD ANY LAW, RULE OR REGULATION OF THIS STATE OR ANY LOCAL LAW OR
ORDINANCE OF A MUNICIPALITY OF THIS STATE GOVERNING THE MOVEMENT OR
TURNING OF VESSELS UPON SUCH NAVIGABLE WATERS.
3. THE PRIVILEGES GRANTED TO THE OPERATOR OF A LAW ENFORCEMENT OR FIRE
DEPARTMENT VESSEL PURSUANT TO THIS SECTION SHALL APPLY ONLY WHEN AUDIBLE
SIGNALS ARE SOUNDED FROM ANY SUCH VESSEL WHILE IN MOTION BY BELL, HORN,
SIREN, ELECTRONIC DEVICE OR EXHAUST WHISTLE AS MAY BE REASONABLY NECES-
SARY, AND WHEN THE VESSEL IS EQUIPPED WITH AT LEAST ONE LIGHTED LAMP SO
THAT FROM ANY DIRECTION, UNDER NORMAL ATMOSPHERIC CONDITIONS FROM A
DISTANCE OF FIVE HUNDRED FEET FROM SUCH VESSEL, AT LEAST ONE BLUE OR RED
LIGHT WILL BE DISPLAYED AND VISIBLE.
4. THE PROVISIONS OF THIS SECTION SHALL NOT RELIEVE THE OPERATOR OF A
LAW ENFORCEMENT OR FIRE DEPARTMENT VESSEL FROM THE DUTY TO OPERATE SUCH
VESSEL WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS, NOR SHALL SUCH
PROVISIONS PROTECT THE OPERATOR FROM THE CONSEQUENCES OF HIS OR HER
RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09302-01-9