NY Nav L § 45 (2021)
2021 New York Laws NAV - Navigation Article 4 - Vessels Part 1 - Vessels, General 45 - Reckless Operation of a Vessel; Speed.

§ 45. Reckless  operation  of  a vessel; speed. 1. (a) Every master or operator of a vessel shall at all times navigate the same in  a  careful and  prudent  manner in such a way as not to unreasonably interfere with the free and proper use of the navigable waters of  the  state  and  all tidewaters  bordering  on  or  lying within the boundaries of Nassau and Suffolk counties or unreasonably endanger any vessel or person. Reckless operation is prohibited. Any person operating a vessel in  violation  of this  subdivision  shall  be  guilty  of a misdemeanor punishable as set forth in section seventy-three-b of this article.  (b) No person shall operate a  vessel  at  a  speed  greater  than  is reasonable  and  prudent  under  the conditions and having regard to the actual and potential hazards then existing.   1-a. No vessel other than the tending vessel shall be operated  within one  hundred  feet  of  a red flag with a diagonal white bar which, when displayed on the water or from a boat, indicates underwater diving, or a designated course for racing shells but no such flag shall be placed  so as  to  deny access or use of any boathouse, wharf, harbor, bay, channel or navigable waterway.   2. Except as provided in section forty-five-cc of this part, no vessel shall be operated within one hundred feet of the shore,  a  dock,  pier, raft,  float  or  an anchored or moored vessel at a speed exceeding five miles per hour, unless such vessel is being operated  near  such  shore, dock,  float, pier, raft, or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land.   3. The provisions of this section shall not apply to  a  vessel  while actually  competing  in  a regatta or boat race authorized under section thirty-four of this chapter.   4. The  provisions  of  subdivision  two  above  shall  not  apply  to commercial  vessels  having a valid marine document issued by the United States or a foreign government.   5. The violation of any of the provisions of this section  other  than paragraph  (a)  of  subdivision  one  of this section shall constitute a violation punishable as set forth in  section  seventy-three-c  of  this article.   7.  (a) The court may suspend a person's privilege to operate a vessel for a period of  at  least  three  but  less  than  twelve  months  upon conviction for reckless operation of a vessel pursuant to any applicable provision of this article. In determining the length of such suspension, the court may take into consideration the seriousness of the offense and may  impose  a  period  of  suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season.  (b) The court shall suspend a person's privilege to  operate  and  may suspend a vessel registration:  (1)  for  a period of at least six but less than twelve months where a person is convicted of reckless operation of a vessel  pursuant  to  any applicable  provision of this article after having been convicted of any such offense within the preceding eighteen months.  In  determining  the length  of  such  suspension  or  suspensions,  the  court may take into consideration the seriousness of the offense and may impose a period  of suspension  whereby such suspension may be in effect during a portion of the current or subsequent boating season;  (2) for a period of at least six but less than twelve  months  upon  a third  or  subsequent conviction for any violation of any law, ordinance or  regulation  limiting  the  speed  of  a  vessel  or  any   provision constituted a misdemeanor by this article except for the commission of a third  or  subsequent  misdemeanor as set forth in subparagraph three of this  paragraph.  In  determining  the  length  of  such  suspension  or suspensions,  the  court  may take into consideration the seriousness of  the  offense  and  may  impose  a  period  of  suspension  whereby  such suspension  may  be  in  effect  during  a  portion  of  the  current or subsequent boating season;  (3)  for  a  period  of  twelve  months where a person is convicted of reckless operation of a vessel pursuant to any applicable  provision  of this  article  after  having  been  twice  convicted of any such offense within the preceding eighteen months.  (c) When a person is convicted pursuant to this article the court may, in any case before the court, and shall when  the  convicted  person  is subject to a suspension pursuant to this subdivision, in addition to any other  penalties  invoked  under  this  article,  require  the convicted person, as a condition of the sentence, to  complete  a  boating  safety course  of  the state, U.S. Power Squadrons, U.S. Coast Guard Auxiliary, or a powerboating course or courses offered by the United States sailing association which are approved by the commissioner  and  show  proof  of successful completion of such course to the court or its designee.