Assembly Bill A5948

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5948
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the navigation law,  in  relation  to  equipment  to  be
   carried on vessels
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section  40  of  the  navigation  law,  as
 amended  by  chapter  208  of  the  laws  of 2002, is amended to read as
 follows:
   2. Whistle. Every [mechanically propelled] vessel AND  EVERY  ROWBOAT,
 CANOE  AND  KAYAK  shall be provided with an efficient whistle. The word
 "whistle" shall mean any 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. A siren whistle may only be attached to
 a vessel operated by a police  department,  fire  department  or  public
 utility  company, and used only on emergency calls. On vessels less than
 thirty-nine feet in length, a mouth whistle capable of producing a blast
 of two seconds or more in duration, which can  be  heard  for  at  least
 one-half a mile, may be used.
   §  2. Subdivision 6 of section 40 of the navigation law, as amended by
 chapter 186 of the laws of 1962, is amended to read as follows:
   6. Fire  extinguishers  required.  (a)  Every  mechanically  propelled
 vessel  as  classified  and defined by subdivision one of section forty-
 three of this article, except outboard motor boats less than  twenty-six
 feet  in  length,  of open construction, shall carry United States coast
 guard approved fire extinguishers in accordance with the following:
   Class A motor boats shall carry one [B-1] 5-B fire extinguisher.
   Class 1 motor boats shall carry one [B-1] 5-B fire extinguisher.
   Class 2 motor boats shall carry two [B-1] 5-B fire extinguishers.
   Class 3 motor boats shall carry three [B-1] 5-B fire extinguishers.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10439-01-3
              

 A. 5948                             2
 
   Class 4 motor boats shall carry  fire  extinguishers  and  other  fire
 fighting  equipment  as required by the federal navigation law and rules
 and regulations made by the United States coast  guard  for  uninspected
 vessels.
   (b)  One class [B-2] 20-B fire extinguisher may be substituted for two
 class [B-1] 5-B fire extinguishers.
   (c) When the engine compartment of the motor boat is equipped  with  a
 fixed  fire extinguishing system of a United States coast guard approved
 type, one less class [B-1] 5-B fire extinguisher is required.
   (d) No fire extinguishers of the toxic vaporizing liquid type, includ-
 ing those containing carbon tetrachloride and chlorobromomethane  extin-
 guishing agents shall be approved by the commissioner.
   (E)  DISPOSABLE FIRE EXTINGUISHERS ARE CONSIDERED EXPIRED TWELVE YEARS
 AFTER THEIR DATE OF MANUFACTURE. EXPIRED OR PREVIOUSLY USED FIRE  EXTIN-
 GUISHERS  DO NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   § 3. Section 40 of the navigation law  is  amended  by  adding  a  new
 subdivision 13 to read as follows:
   13.  THE OPERATOR OF A VESSEL UNDER TWENTY-SIX FEET IN LENGTH EQUIPPED
 WITH AN ENGINE CUT-OFF SWITCH SHALL USE THE ENGINE CUT-OFF  SWITCH  WHEN
 THE VESSEL IS OPERATING ON PLANE OR ABOVE DISPLACEMENT SPEED. THE USE OF
 AN ENGINE CUT-OFF SWITCH SHALL NOT BE REQUIRED WHEN THE OPERATOR IS IN A
 FULLY ENCLOSED CABIN.
   § 4. This act shall take effect January 1, 2024.