This information is not the official version of the *New York State
Navigation Law NYSNL* . No representation is made as to its accuracy,
nor may it be read into evidence in New York State courts. To ensure
accuracy and for evidentiary purposes, reference should be made to the
official *NYSNL*.

ARTICLE 4 VESSELS

PART 2\--PUBLIC VESSELS

Section 50. Owners to notify inspector and apply for inspection.

54\. Construction against fire.

55\. Stairways and gangways.

56\. Fire pump.

57\. Identification number of vessel.

58\. Number of passengers.

58-a. Unauthorized boarding of vessels.

59\. Manning of vessels.

60\. Inability to provide licensed officer.

61\. Repairs.

62\. Loss of life by misconduct of officers.

63\. Certificate of inspection.

64\. Licenses.

64-a. Suspension and revocation of licenses.

65\. Fees for vessel inspections and for the issuance of licenses.

66\. Inflammable or explosive articles prohibited.

67\. Public vessel equipment.

68\. Investigations by inspector; penalties; reports.

69\. Seizure of public vessels.

§ 50. Owners to notify inspector and apply for inspection.

It shall be the duty of the owner of a public vessel which he intends to
operate on the navigable waters of the state to notify the inspector of
such intention at least one month before it is desired to place the
vessel in operation and to request an inspection of such vessel. Upon
receipt of such notification the inspector shall enter the application
on the records of his office. A temporary permit to operate such vessel
pending inspection may be issued by the inspector, if he finds through
documentary evidence that such vessel is properly equipped and manned
for the safety of life and property. No public vessel shall be used or
operated without a certificate of inspection or a temporary permit as
herein provided.

§ 54. Construction against fire.

All public vessels shall be so constructed that inflammable material
about any machinery or apparatus involving danger of fire where such
inflammable material is exposed to ignition, shall be shielded by some
incombustible material so that the air may circulate freely between such
material and the ignitable substances. Before granting a certificate of
inspection, the inspector shall require that all necessary provisions be
made throughout such vessel as he may judge expedient to guard against
loss or damage by fire.

§ 54. Construction against fire.

All public vessels shall be so constructed that inflammable material
about any machinery or apparatus involving danger of fire where such
inflammable material is exposed to ignition, shall be shielded by some
incombustible material so that the air may circulate freely between such
material and the ignitable substances. Before granting a certificate of
inspection, the inspector shall require that all necessary provisions be
made throughout such vessel as he may judge expedient to guard against
loss or damage by fire.

§ 56. Fire pump.

Every public vessel permitted by her certificate to carry one hundred
passengers or more, shall be provided with a fire pump or other
equivalent apparatus for throwing water, the same to be at all times
during the navigation of such vessel, kept ready for immediate use,
having hose of suitable size and sufficient strength to stand a pressure
of at least seventy-five pounds to the square inch, and of a length to
be specified by the inspector. The inspector may require the
installation of an approved fixed fire extinguishing system as defined
in subdivision five of section sixty-seven in lieu of, or in addition
to, the fire pump required by this section.

**§ 57. Identification number of vessel**.

Every public vessel subject to the provisions of this chapter shall be
registered and display the identification number assigned as set forth
in section twenty-two hundred fifty-one of the vehicle and traffic law.
In addition to the number assigned, each public vessel shall display the
letters \"PV\" not more than six inches above or below the
identification number. The letters \"PV\" shall be not less than five
inches in height and maintained in a legible condition so that the
letters, \"PV\", are readily discernible during daylight hours at a
distance of two hundred feet. It shall be the duty of every owner to
register and display numbers as herein indicated. Violation of this
section shall be a violation punishable by a fine of not less than
twenty-five nor more than one hundred dollars

§ 58. Number of passengers.

It shall not be lawful to take on board of any public vessel a greater
number of passengers than the number allowed in the certificate of
inspection and for every violation of this provision, the master, pilot,
joint pilot and engineer or owner shall be guilty of a misdemeanor
punishable as set forth in section seventy-three-b of this article.

§ 58-a. Unauthorized boarding of vessels.

(1) It shall be unlawful for any person except a pilot or public officer
    to board or attempt to board, a vessel arriving in the port of New
    York before such vessel shall have been made fast to the wharf,
    without first obtaining leave from the master or person having
    charge of such vessel, or leave in writing from her owners or
    agents.

(2) It shall be unlawful for any person to board or attempt to board any
    vessel arriving in or lying or being in the port of New York, with
    intent to supply liquors by sale, gift or otherwise, directly or
    indirectly, to any member of the crew employed on board of such
    vessel.

(3) It shall be unlawful for any person having boarded any vessel in the
    port of New York, to neglect or refuse to leave such vessel after
    having been ordered to do so by the master or person in charge of
    such vessel.

(4) The word \"vessel\" as used in this section shall include vessels by
    whatever power propelled.

(5) Any person violating any of the provisions of this section shall be
    deemed guilty of a misdemeanor punishable as set forth in section
    seventy-three-b of this article.

§ 59. Manning of vessels.

All public vessels while under way under their own power, must be in
charge of a licensed master, pilot, engineer, or joint pilot and
engineer. Any owner who permits the operation of a public vessel by a
person who does not possess a valid license or temporary permit, in full
force and effect as master, pilot, engineer or joint pilot and engineer
shall be guilty of a misdemeanor punishable as set forth in section
seventy-three-b of this article.

§ 60. Inability to provide licensed officer.

If the owner or master of a public vessel is unable to obtain the
services of a licensed officer, the inspector shall be notified and the
deficiency may be temporarily supplied, if the inspector approves, until
the services of a licensed officer can be obtained.

§ 61. Repairs.

Whenever any public vessel is placed upon the dock for repairs, it shall
be the duty of the owner to report the fact to the inspector so that he
may make a thorough inspection to determine what is necessary to make
such vessel seaworthy; if the condition or age of the vessel in the
judgment of the inspector renders such examination necessary. Before
making general repairs to an engine of a vessel coming under the
provisions of this chapter, the engineer in charge of such engine shall
report, in writing, the nature of such repairs to the inspector. It
shall be the duty of all engineers when an accident occurs to an engine
in their charge tending to render such engine unsafe, to report the same
to the inspector promptly.

§ 62. Loss of life by misconduct of officers.

Every master or other person employed on any public vessel, by whose
misconduct, negligence or inattention to his duties on such vessel, the
life of any person is destroyed, and every owner or charterer through
whose fraud, neglect, misconduct or violation of law, the life of any
person is destroyed, shall be guilty of a felony.

§ 63. Certificate of inspection.

The inspector, if satisfied that a public vessel is in all respects safe
and conforms to the requirement of this chapter, shall make and
subscribe duplicate certificates setting forth the name and number of
the vessel, its age, the date of inspection, the name of the owner, the
number of licensed officers and crew necessary to manage the vessel with
safety, equipment required and any special restrictions or remarks
pertaining to the operation of the vessel and the number of passengers
she can safely carry, and, if a steam vessel, the age of the boiler and
the pressure of steam she is authorized to carry. One of said
certificates shall be kept posted in some conspicuous place on the
vessel to be designated by the inspector and the other copy shall be
kept by the inspector and by him recorded in a book to be kept for that
purpose. If the inspector refuses to grant a certificate of approval, he
shall make a statement in writing, giving his reasons for such refusal,
and deliver the same to the owner or master of the vessel. The posting
of certificates of inspection shall not be required on vessels of less
than ten tons burden. However said certificates must be aboard whenever
the vessel is in operation.

§ 64. Licenses.

Every person employed as a master, pilot, engineer or joint pilot and
engineer, on board of a public vessel, shall be examined by the
inspector as to his qualifications, and if the inspector is satisfied
therewith, he shall grant him a license for the term of one year. In a
proper case, the license may permit and specify that the master may act
as pilot, and in case of small vessels may also act as joint pilot and
engineer. The license shall be framed under glass and posted in some
conspicuous place on the vessel on which he may act, provided that on
vessels of less than ten tons, the license must be carried but need not
be posted. Whoever acts as master, pilot, engineer, or joint pilot and
engineer, without having first received such license, except as in this
article otherwise specified, shall be guilty of a misdemeanor. An
applicant for license as master, pilot, or engineer, must be at least
twenty-one years of age. An applicant for a license as joint pilot and
engineer must be at least eighteen years of age.

§ 64-a. Suspension and revocation of licenses.

1.  The inspector may suspend or revoke any license of master, pilot,
    engineer or joint pilot and engineer, issued pursuant to the
    provisions of this article, upon satisfactory proof of recklessness,
    carelessness, intemperance, incompetence, wilful dereliction of duty
    or wilful disobedience of any rule or regulation duly made and
    promulgated by the commissioner.

2.  It shall be the duty of the inspector to receive and make
    determination on complaints duly made in writing against any master,
    pilot, engineer, or joint pilot and engineer licensed pursuant to
    the provisions of this article where it appears that the license of
    such person may be subject to suspension or revocation under this
    section.

3.  Before any person shall be proceeded against on any complaint and
    before any license may be revoked or suspended, such person shall be
    notified, in writing, signed by the inspector, to appear before the
    inspector. Such notice shall specify the nature and substance of
    such complaint and shall be served personally at least five days
    before the time fixed for appearance. The inspector may postpone or
    adjourn such hearing from time to time.

4.  The inspector, at the request of either the complaining or defending
    party, shall issue subpoenas to compel the attendance of witnesses
    before the inspector in all cases which he is empowered to hear and
    determine under this article. The inspector shall examine on oath,
    to be administered by him, all such witnesses. Each person
    subpoenaed as a witness shall be entitled to the same witness fees
    and be subject to the same penalties and punishments for
    disobedience, or for false testimony, as would apply in a civil suit
    at law, in a court of record.

5.  Whenever the license of any master, pilot, engineer or joint pilot
    and engineer is suspended or revoked he shall forthwith deliver up
    his license to the inspector. The inspector shall retain any such
    suspended license until the time of suspension shall expire. Any
    such person who shall refuse to deliver up such suspended or revoked
    license shall be subject to a penalty of one hundred dollars for
    each day following such refusal.

**§ 65. Fees for vessel inspections and for the issuance of licenses.**

The owner of a public vessel, inspected and licensed as provided in this
chapter, shall pay to the inspector, for each vessel not over ten tons
burden, twenty dollars; for each vessel over ten and not over twenty
tons burden, thirty dollars; for each vessel over twenty and not over
fifty tons burden, forty dollars; for each vessel over fifty and not
over one hundred tons burden, fifty dollars; and for each vessel over
one hundred tons burden, one hundred dollars. Each person licensed, as
provided for in this chapter, shall pay twenty dollars for each original
license and ten dollars for each renewal thereof. All moneys received by
the office for examinations, licenses or renewals of licenses, shall be
deposited into the \"I love NY waterways\" boating safety fund
established pursuant to section ninety-seven-nn of the state finance
law.

§ 66. Inflammable or explosive articles prohibited.

1.  No loose hay, loose cotton, or loose hemp, camphene,
    nitro-glycerine, naptha, benzine, benzol, coal-oil, crude petroleum
    or other like explosive burning fluids or dangerous articles, shall
    be carried as freight or used as stores on any public vessel
    carrying passengers licensed under this chapter, except that refined
    petroleum which will not ignite at a temperature of less than one
    hundred and ten degrees Fahrenheit may be carried on the main deck
    of any public vessel, provided the barrels or cases containing such
    oil are fully covered with a tarpaulin. But nothing in this section
    shall be construed to prevent any vessel utilizing petroleum,
    petroleum products or other mineral oils as a source of motive
    power, from carrying for its own use, in reasonable quantities,
    petroleum, petroleum products and oils in metal tanks, properly
    protected, vented and located, such tanks, their piping, equipment
    and manner of installation to be subject to the approval of the
    inspector, and such approval when given shall be indorsed on the
    certificate of inspection issued to such vessel, nor shall the
    provisions of this section prohibit the transportation by vessels of
    gasoline or other petroleum products when carried in the tanks of
    motor vehicles using gasoline or petroleum products as a source of
    motive power, provided that all fire in such vehicles shall be
    extinguished and their engines and motors stopped immediately after
    boarding such vessels, and no fire shall be lighted nor the engine
    or motor of such vehicle shall be started until immediately before
    such vehicle shall leave the vessel.

2.  It shall be unlawful for the operator of any marina providing
    facilities for sale of fuel to vessels, to maintain fuel pumps on
    the premises unless equipped as may be necessary for the arresting
    of static electricity. All motors and generators on the vessel being
    refueled shall be turned off during the refueling process. A
    violation of the provisions of this section shall constitute a
    violation punishable as set forth in section seventy-three-c of this
    article.

§ 67. Public vessel equipment.

1.  Buoyant apparatus. Every public vessel of over fifty tons burden,
    navigating more than one mile from shore, shall carry in addition to
    other equipment required by this section, sufficient buoyant
    apparatus for not less than twenty per cent of all persons on board.
    Buoyant apparatus shall mean and include life rafts, or life floats,
    of a type approved by the commissioner. Such apparatus shall be
    equipped with oars or paddles and other equipment as specified by
    the inspector. All buoyant apparatus shall be stowed in such a
    manner that it is easily accessible and capable of being launched
    into the waters in case of need.

2.  Life preservers. Every public vessel engaged in the transportation
    of passengers shall have on board a life preserver for each
    passenger the veseel is allowed to carry, and one additional
    preserver for each member of the crew. The life preservers shall be
    of a type approved by the United States coast guard for use on
    vessels carrying passengers for hire. The life preservers shall be
    in good condition and kept in convenient, accessible places, having
    the approval of the inspector, in readiness for immediate use in
    case of emergency. The location of the life preservers shall be
    indicated by legible printed notices. It shall be the duty of the
    inspector to ascertain that every life preserver is as herein
    required.

3.  Ventilation. The inspector shall require that machinery and other
    enclosed spaces be adequately ventilated by means of free or forced
    air ventilation. The inspector shall require that all installed fuel
    tanks be properly vented.

4.  Portable fire extinguishers. The inspector shall require that public
    vessels carry such portable fire extinguishers as he deems necessary
    and to specify their type, size and location on the vessel,
    dependent upon the type of vessel, the number of passengers and the
    amount and character of freight carried and other fire hazards.

5.  Fixed fire extinguishing systems. Fixed fire extinguishing systems,
    hereinafter termed \"fixed systems\", are considered to be total
    flooding systems using carbon dioxide as the extinguishing agent and
    having components fixed in position. The inspector shall require the
    installation of a fixed system on every passenger carrying public
    vessel which has enclosed engine and fuel tank compartments.

6.  Marking of equipment. All equipment, unless otherwise directed by
    the inspector, shall be legibly marked with the name or registration
    number of the public vessel on which it is carried.

7.  The commissioner is hereby authorized to make rules and regulations
    pertaining to equipment on public vessels. In framing such rules and
    regulations the commissioner shall, as far as practicable, be
    governed by the rules and regulations of the United States coast
    guard prescribed for the regulation of commercial vessels.

§ 68. Investigations by inspector; penalties; reports.

The inspector upon order or pursuant to direction of the commissioner
shall investigate all violations and charges of violations of the
provisions of this article which are applicable to public vessels.
Should the investigations disclose that a person has sustained bodily
injury through accident caused as the direct result of any such
violation, he shall file with the district attorney of the county in
which such violation occurred, a statement of the nature of the
violation, the injury sustained and the names of the persons involved
and of the witnesses thereto. Any master, owner, or other person
violating any of such provisions, in addition to any other punishment
prescribed by this chapter or other law, shall forfeit to the people of
the state a sum of not less than twenty-five nor more than one hundred
dollars to be fixed by the court or justice for each and every offense;
every violation shall be a separate and distinct offense, and, in case
of a continuing violation, every day\'s continuance thereof shall be
deemed to be a separate and distinct offense.

§ 69. Seizure of public vessels.

Whenever the inspector shall find after investigation or have reasonable
cause to believe that any public vessel is being operated in
contravention of the provisions of this article, or is being operated by
an unlicensed person by and with the consent of the owner, he may seize
and impound such vessel until the termination of the action against the
owner to recover the penalty therefor and thereafter until the penalty
imposed by the court or justice has been paid. Such seizure and
impoundment of any public vessel by the inspector shall be at the
owner\'s risk. Within fifteen days after the entry of judgment by the
court or justice, the inspector may, unless the judgment be sooner paid
and in lieu of proceeding by body execution, sell the public vessel so
impounded at public sale upon notice to the owner. Notice of the sale,
specifying the date, place and hour of the sale shall be served upon the
owner of the public vessel personally or by registered mail addressed to
him at his last known post-office address, and published not less than
ten days before the sale. The publication of notice of sale shall be
made in a newspaper or newspapers designated by the commissioner having
general circulation in the county where the public vessel was seized and
impounded. The proceeds of sale shall first be applied in payment of the
judgment and expenses of sale and the remainder shall be paid to the
owner of the public vessel or other person lawfully entitled thereto. If
the commissioner is unable to determine by reasonable investigation the
person or persons entitled to the remainder of the proceeds of sale, he
may deposit the same with the supreme court in the third judicial
district for final determination thereon.