§ 45 — Reckless operation of a vessel; speed

New York § 45

• Jurisdiction: New York
• Law NAV: Navigation
• Part 1: Vessels, General
• Art. 4: No title

Text

§ 45. Reckless operation of a vessel; speed. 1. (a) Every master or\noperator of a vessel shall at all times navigate the same in a careful\nand prudent manner in such a way as not to unreasonably interfere with\nthe free and proper use of the navigable waters of the state and all\ntidewaters bordering on or lying within the boundaries of Nassau and\nSuffolk counties or unreasonably endanger any vessel or person. Reckless\noperation is prohibited. Any person operating a vessel in violation of\nthis subdivision shall be guilty of a misdemeanor punishable as set\nforth in section seventy-three-b of this article.\n (b) No person shall operate a vessel at a speed greater than is\nreasonable and prudent under the conditions and having regard to the\nactual and potential hazards then existing.\n 1-a. No vessel other than the tending vessel shall be operated within\none hundred feet of a red flag with a diagonal white bar which, when\ndisplayed on the water or from a boat, indicates underwater diving, or a\ndesignated course for racing shells but no such flag shall be placed so\nas to deny access or use of any boathouse, wharf, harbor, bay, channel\nor navigable waterway.\n 2. Except as provided in section forty-five-cc of this part, no vessel\nshall be operated within one hundred feet of the shore, a dock, pier,\nraft, float or an anchored or moored vessel at a speed exceeding five\nmiles per hour, unless such vessel is being operated near such shore,\ndock, float, pier, raft, or anchored vessel for the purpose of enabling\na person engaged in water skiing to take off or land.\n 3. The provisions of this section shall not apply to a vessel while\nactually competing in a regatta or boat race authorized under section\nthirty-four of this chapter.\n 4. The provisions of subdivision two above shall not apply to\ncommercial vessels having a valid marine document issued by the United\nStates or a foreign government.\n 5. The violation of any of the provisions of this section other than\nparagraph (a) of subdivision one of this section shall constitute a\nviolation punishable as set forth in section seventy-three-c of this\narticle.\n 7. (a) The court may suspend a person's privilege to operate a vessel\nfor a period of at least three but less than twelve months upon\nconviction for reckless operation of a vessel pursuant to any applicable\nprovision of this article. In determining the length of such suspension,\nthe court may take into consideration the seriousness of the offense and\nmay impose a period of suspension whereby such suspension may be in\neffect during a portion of the current or subsequent boating season.\n (b) The court shall suspend a person's privilege to operate and may\nsuspend a vessel registration:\n (1) for a period of at least six but less than twelve months where a\nperson is convicted of reckless operation of a vessel pursuant to any\napplicable provision of this article after having been convicted of any\nsuch offense within the preceding eighteen months. In determining the\nlength of such suspension or suspensions, the court may take into\nconsideration the seriousness of the offense and may impose a period of\nsuspension whereby such suspension may be in effect during a portion of\nthe current or subsequent boating season;\n (2) for a period of at least six but less than twelve months upon a\nthird or subsequent conviction for any violation of any law, ordinance\nor regulation limiting the speed of a vessel or any provision\nconstituted a misdemeanor by this article except for the commission of a\nthird or subsequent misdemeanor as set forth in subparagraph three of\nthis paragraph. In determining the length of such suspension or\nsuspensions, the court may take into consideration the seriousness of\nthe offense and may impose a period of suspension whereby such\nsuspension may be in effect during a portion of the current or\nsubsequent boating season;\n (3) for a period of twelve months where a person is convicted of\nreckless operation of a vessel pursuant to any applicable provision of\nthis article after having been twice convicted of any such offense\nwithin the preceding eighteen months.\n (c) When a person is convicted pursuant to this article the court may,\nin any case before the court, and shall when the convicted person is\nsubject to a suspension pursuant to this subdivision, in addition to any\nother penalties invoked under this article, require the convicted\nperson, as a condition of the sentence, to complete a boating safety\ncourse of the state, U.S. Power Squadrons, U.S. Coast Guard Auxiliary,\nor a powerboating course or courses offered by the United States sailing\nassociation which are approved by the commissioner and show proof of\nsuccessful completion of such course to the court or its designee.\n