§ 49 — Operator

New York § 49

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

Text

§ 49. Operator. 1. No person shall operate a mechanically propelled\nvessel on the navigable waters of the state or any tidewaters bordering\non or lying within the boundaries of Nassau and Suffolk counties, unless\nthe operator is at least ten years old and is the holder of a boating\nsafety certificate issued to him or her upon completion of a boating\nsafety course approved by the commissioner, the United States Power\nSquadrons, the United States coast guard auxiliary or the United States\nsailing association for a powerboating course or courses which are\napproved by the commissioner.\n a. The provisions of this subdivision shall not apply to persons who\nare: certified by the commissioner as boating safety instructors;\nmembers of the United States Power Squadrons; members of the United\nStates coast guard auxiliary; holders of public vessel licenses pursuant\nto section sixty-four of this article; police officers, peace officers,\nfire personnel, rescue personnel or lifeguards, when any such person is\nacting pursuant to assigned duties; or licensed to operate vessels by\nthe United States coast guard or the Canadian coast guard. The\ncommissioner, by rule or regulation, may provide for the exemption of\nadditional persons not listed in this paragraph from the requirements of\nthis section.\n b. The provisions of this subdivision shall supersede all local laws\nor ordinances relating to requirements for boating safety certificates\nto operate a mechanically propelled vessel.\n c. For purposes of the section:\n (i) "boating safety course" shall mean a course of instruction that\nhas been approved by the commissioner pursuant to sections seventy-five\nand seventy-nine of this article; and\n (ii) "boating safety certificate" shall mean a document which cannot\nbe altered and which is provided to a person who successfully completes\na boating safety course.\n 1-a. a. No person shall operate a personal watercraft or specialty\nprop-craft upon the navigable waters of the state or any tidewaters\nbordering on or lying within the boundaries of Nassau and Suffolk\ncounties unless the operator is fourteen years of age or older and the\nholder of, or is accompanied by a person over eighteen years of age who\nis the holder of a boating safety certificate issued by the\ncommissioner, the United States power squadrons, the United States coast\nguard auxiliary, the United States sailing association for a\npowerboating course or courses which are approved by the commissioner,\nor other state or government, as a result of completing a course\napproved by the commissioner.\n b. No person who is the owner of a personal watercraft or specialty\nprop-craft shall knowingly authorize or permit the operation thereof on\nthe navigable waters of the state or any tidewaters bordering on or\nlying within the boundaries of Nassau or Suffolk counties unless the\noperator is fourteen years of age or older and the holder of, or is\naccompanied by a person over eighteen years of age who is the holder of\na boating safety certificate issued by the commissioner, the United\nStates power squadrons, United States coast guard auxiliary, the United\nStates sailing association for a powerboating course or courses which\nare approved by the commissioner, or other state or government, as a\nresult of completing a course approved by the commissioner.\n c. For the purposes of this subdivision "accompanied" shall mean upon\nthe vessel.\n d. The provisions of this subdivision shall not apply to persons:\ncertified by the commissioner as boating safety instructors; members of\nthe United States power squadrons; members of the United States coast\nguard auxiliary; holders of public vessel licenses pursuant to section\nsixty-four of this article; police officers acting pursuant to assigned\nduties; peace officers acting pursuant to assigned duties; lifeguards\nacting pursuant to assigned duties; fire and rescue personnel acting\npursuant to assigned duties; and persons licensed to operate vessels by\nthe United States coast guard or the Canadian coast guard. The\ncommissioner by rule and regulation may provide for the exemption of\nadditional persons not listed in this paragraph from the requirements of\nthis section.\n 2. The failure of a person specified in subdivision one or one-a of\nthis section, to exhibit a boating safety certificate upon demand to any\nmagistrate, peace officer, acting pursuant to his or her special duties,\npolice officer, inspector of the state office of parks, recreation and\nhistoric preservation, traveling navigation inspector or other officer\nhaving authority to enforce the provisions of this chapter, shall be\npresumptive evidence that such person is not the holder of such\ncertificate.\n 3. No person who is the owner of a mechanically propelled vessel shall\nknowingly authorize or permit the operation thereof on the navigable\nwaters of the state or any tidewaters bordering on or lying within the\nboundaries of Nassau and Suffolk counties, unless:\n a. the operator is born on or before April thirtieth, nineteen hundred\nninety-six; or,\n b. the operator is born on or after May first, nineteen hundred\nninety-six, is at least ten years of age and is the holder of a boating\nsafety certificate issued to him or her by the commissioner, the United\nStates Power Squadrons, the United States coast guard auxiliary, or the\nUnited States sailing association for a powerboating course or courses\nwhich are approved by the commissioner, or\n c. the operator is younger than eighteen years of age, and is\naccompanied on the mechanically propelled vessel by at least one person\neighteen years of age or older and is:\n (i) the holder of a boating safety certificate issued to him or her by\nthe commissioner, the United States Power Squadrons, the United States\ncoast guard auxiliary, or the United States sailing association for a\npowerboating course or courses which are approved by the commissioner,\nor\n (ii) not required by subdivision one of this section to hold a boating\nsafety certificate in order to operate a mechanically propelled vessel;\nor\n d. the operator is eighteen years of age or older, is a person\nrequired by subdivision one of this section to hold a boating safety\ncertificate in order to operate a mechanically propelled vessel, and is\naccompanied by a person who is at least eighteen years of age and is the\nholder of a boating safety certificate.\n e. The provisions of this subdivision shall supersede all local laws\nor ordinances relating to requirements for boating safety certificates\nto operate a mechanically propelled vessel.\n 4. Whenever any police officer or peace officer authorized to enforce\nthe provisions of this chapter having reasonable cause to believe that a\nperson is operating a vessel in violation of section forty-nine-a of\nthis article, or any other provision of this article for which a\nsuspension may be imposed, such officer may demand of such person his or\nher name, address and an explanation of his or her conduct.\n 5. The provisions of subdivisions one, one-a and two of this section\nshall not apply while the operator is actually preparing for or\ncompeting in a regatta or boat race authorized under section thirty-four\nof this chapter or for which a marine event permit has been issued by\nthe United States coast guard.\n 6. No person operating a vessel upon the navigable waters of the state\nor on the tidewaters bordering on and lying within the boundaries of\nNassau or Suffolk county shall fail or refuse to comply with any lawful\norder or direction of any police officer or peace officer acting\npursuant to his or her special duties. Failure or refusal to comply with\nsuch lawful order or direction shall be a violation punishable as\nprovided for in subdivision seven of this section.\n 7. A violation of subdivision one, one-a, two or six of this section\nshall constitute a violation punishable as set forth in section\nseventy-three-c of this article.\n