Senate Bill S9829

                                 
BILL NUMBER: S9829

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the navigation law, in relation to right of way rules
for mechanically propelled vessels meeting swimmers, kayaks, canoes, row
boats, paddleboards, crew racing shells or other nonmotorized boats or
floatation devices

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides that motorboats must yield right of way to swimmers,
kayaks, canoes, row boats, paddleboards, crew racing shells and other
nonmotorized boats or floatation devices.

 
SUMMARY OF PROVISIONS:

Section 1 amends Navigation Law § 41(2)(f) to add swimmers, kayaks,
canoes, row boats, paddleboards, crew racing shells and other nonmotor-
ized boats or floatation devices to the vessels having right of way over
motorboats.
              

Section 2 is the effective date.

 
JUSTIFICATION:

Peter Synder was kayaking on Lake George when his kayak was hit by a
motorboat. Peter and his wife had frantically tried to signal the motor-
boat to avoid the collision, but the driver did not see them. Peter was
killed in the accident, sustaining multiple injuries from contact with
the motorboat's propeller. A prosecutor's information charged the motor-
boat driver with failure to yield the right of way in violation of Navi-
gation Law § 41(2)(f). The charges were dismissed because the statute
only requires a motorboat to yield the right of way to "sailing vessels"
and not to swimmers or human-propelled vessels.

This bill adds swimmers, kayakers and other non-motorized vessels to the
individuals having right of way in the water. Additionally, Navigation
Law § 41(2)(f) requires sailboat operators to keep vigilant lookout and
change course to avoid danger of collision with a sailboat. This bill
imposes the same requirement on motorboats. This additional change is
necessary because, according to the Coast Guard, one of the major causes
of injury or death in boating accidents is "improper lookout" by the
operator. In Peter's case, the motorboat driver was sitting at the back
of the boat and couldn't see over the prow. Had he been standing or
sitting at the front of the boat observing the water for kayaks or swim-
mers he would have been able to change his course to avoid killing
Peter. Drivers of motor vehicles must yield to pedestrians; motorboat
operators should have to yield to slow-moving nonmotorized boats and
people in the water.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.