§ 73 — Towing of persons

§ 73. Towing of persons. 1. No person shall operate a vessel for\ntowing a person unless there is upon such vessel a person, other than\nthe operator, of at least ten years of age, in a position to observe the\nprogress of the person being towed.\n 2. No person shall be towed or use or operate a vessel to tow a person\nduring the period from sunset to sunrise provided, however, that the\nprovisions of this subdivision shall not apply to a paid performer\nengaged in a professional exhibition.\n 3. No person shall be towed by a vessel without wearing a securely\nfastened United States Coast Guard approved personal flotation device\nand no person shall use or operate a vessel to tow a person not in\ncompliance with this subdivision; provided, however, that the provisions\nof this subdivision shall not apply to a paid performer engaged in a\nprofessional exhibition.\n 4. The provisions of subdivision one of this section shall not apply\nto a vessel operated or controlled by the person being towed by such\nvessel, the design of which makes no provision for carrying an operator\nor observer on board. Such a vessel may not, however, be operated unless\n(a) it is registered and an assigned number permanently displayed\nthereon in accordance with sections twenty-two hundred fifty-one and\ntwenty-two hundred fifty-four of the vehicle and traffic law; (b) it is\nequipped with an automatic shut-off mechanism activated whenever the\noperator is separated from the towing device; (c) it is equipped with a\nfire extinguisher and flame arrester attached to the motor; (d) the\nmotor compartment is properly ventilated; (e) all persons being towed\nare wearing a securely fastened United States Coast Guard approved\npersonal flotation device at all times of operation; and (f) other\nsafety provisions required by section forty of this article, except the\nrequirements of subdivisions two and three thereof relating to the use\nof whistles and anchors.\n 4-a. No person shall operate or manipulate any vessel or device for\ntowing a person in such a way as to cause such device or any person\nutilizing such device to collide with or strike any object or person.\nThe provisions of this section do not apply to collisions of two or more\npersons or devices being towed behind the same boat nor to collisions\nwith ski jumps, buoys and similar objects normally used in competitive\nor recreational water skiing.\n 5. No person shall operate or manipulate a device for towing a person\nor be towed in a reckless or negligent manner so as to endanger the\nlife, limb, or property of any person.\n 6. Any person violating any provision of this section shall be guilty\nof a violation punishable as set forth in section seventy-three-c of\nthis article.\n 7. For the purposes of this section: (a) to tow a person shall mean\nthe towing of a person, including utilizing a device, on the navigable\nwaters of the state or any tidewaters bordering on or lying within the\nboundaries of Nassau and Suffolk counties, but shall not include the\ntowing of persons in a vessel to which assistance is being rendered; and\n(b) a device shall include, but not be limited to, water skis, a tube, a\nsurfboard, a tow rope, an aquaplane, a parasail, or a related device.\n