NY Nav L § 40 (2021)
2021 New York Laws NAV - Navigation Article 4 - Vessels Part 1 - Vessels, General 40 - Equipment.

§  40.  Equipment. Equipment required herein shall be carried on every vessel except as otherwise provided, while underway, or at  anchor  with any  person  aboard,  while on the navigable waters of the state and any tidewaters bordering on or lying within the  boundaries  of  Nassau  and Suffolk  counties.  Should the federal government adopt vessel equipment requirements  different  from  those  contained  in  this  section,  the commissioner   shall  be  authorized  to  adopt  rules  and  regulations superceding the vessel equipment requirements of this section to achieve consistency with federal standards, and shall submit such proposed rules and regulations to the secretary of state in accordance with  the  state administrative  procedure  act  within  thirty  days  of the adoption of federal equipment requirements or submit a  statement  as  to  why  such conforming changes are not being proposed.   1. Personal flotation devices.  (a)  Every  pleasure  vessel  and every rowboat, canoe and kayak shall have at least one wearable personal flotation device for each person  on board,  which  shall  be  of  a type approved by the United States coast guard and shall be in good condition.  (b) Pleasure vessels sixteen feet and greater in length shall carry at least one type IV throwable personal flotation device which shall be  of a  type  approved  by the United States coast guard and shall be in good condition.  (c) Every operator or person  in  charge  or  control  of  a  pleasure vessel, rowboat or canoe, as described in paragraphs (a) and (b) of this subdivision,  shall be responsible for compliance with the provisions of this subdivision.  (d) No person shall operate a pleasure vessel of Class A, one, two  or three   as   classified  and  defined  in  subdivision  one  of  section forty-three of this article or a rowboat, canoe or kayak nor  shall  the owner  of  such  vessel  while on board such vessel knowingly permit its operation, unless each person on such vessel under the age of twelve  is wearing  a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size  when  said  vessel  is underway. The provisions of this paragraph shall not apply to any person on  such  vessel  under the age of twelve who is within a fully enclosed cabin.  (e) No owner or operator of a pleasure  vessel  less  than  twenty-one feet, including rowboats, canoes, and kayaks shall permit its operation, between  November  first and May first, unless each person on board such vessel is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of  an  appropriate  size  when  such vessel is underway.   2. Whistle. Every mechanically propelled vessel shall be provided with an  efficient whistle. The word "whistle" shall mean any sound producing mechanical appliance, except sirens, capable of producing a blast of two seconds or more in duration and of such strength as to be heard  plainly for  a  distance  of  at  least  one-half mile in still weather. A siren whistle  may  only  be  attached  to  a  vessel  operated  by  a  police department,  fire department or public utility company, and used only on emergency calls. On vessels less than  thirty-nine  feet  in  length,  a mouth  whistle  capable  of  producing a blast of two seconds or more in duration, which can be heard for at least one-half a mile, may be used.   3. Anchors. Every mechanically propelled vessel shall carry an  anchor and  cable of sufficient weight and strength to provide a safe anchorage for such vessel. It shall be the duty of the master of  such  vessel  to exercise  reasonable  care  and caution and maritime skill in everything relating to the safe anchorage of his vessel.    4. Carburetor  backfire  flame  arresters.  The  carburetor  of  every gasoline engine installed in a mechanically propelled vessel after April twenty-five,  nineteen  hundred  forty, except outboard motors, shall be fitted with a United States coast guard approved  device  for  arresting backfire.   5.   Classification   of   fire   extinguishers.  Hand  portable  fire extinguishers capable of extinguishing gasoline,  oil  or  grease  fires shall be classified as prescribed and approved by the commissioner.   6.  Fire  extinguishers  required.  (a)  Every  mechanically propelled vessel  as  classified  and  defined  by  subdivision  one  of   section forty-three  of  this  article,  except  outboard  motor boats less than twenty-six feet in length, of  open  construction,  shall  carry  United States  coast  guard  approved fire extinguishers in accordance with the following:   Class A motor boats shall carry one B-1 fire extinguisher.   Class 1 motor boats shall carry one B-1 fire extinguisher.   Class 2 motor boats shall carry two B-1 fire extinguishers.   Class 3 motor boats shall carry three B-1 fire extinguishers.   Class 4 motor boats shall carry  fire  extinguishers  and  other  fire fighting  equipment  as required by the federal navigation law and rules and regulations made by the United States coast  guard  for  uninspected vessels.  (b)  One  class B-2 fire extinguisher may be substituted for two class B-1 fire extinguishers.  (c) When the engine compartment of the motor boat is equipped  with  a fixed  fire extinguishing system of a United States coast guard approved type, one less class B-1 fire extinguisher is required.  (d) No  fire  extinguishers  of  the  toxic  vaporizing  liquid  type, including  those  containing carbon tetrachloride and chlorobromomethane extinguishing agents shall be approved by the commissioner.   7. Visual distress signals. Every vessel  of  sixteen  feet  or  more, regardless  of the distance of the vessel from shore, shall carry, to be displayed and used whenever such vessel is in need  of  assistance,  the number  and  type  of  visual  distress signals that are required by the United  States  coast  guard  for  operation  on  waters  under  federal jurisdiction. Such devices shall be in serviceable condition and readily accessible  on board the vessel and the service life, if marked upon the device, shall not have expired. The provisions of this subdivision shall not apply to open sailboats under twenty-six feet in length that are not equipped with mechanical power or vessels participating in an  organized marine  event  for  which  a permit has been granted by the commissioner pursuant to section thirty-four of this chapter, or by the United States coast guard. All vessels shall carry visual  distress  signals  suitable for night use between sunset and sunrise. At all times the provisions of this  subdivision  shall  not  apply  to vessels engaged in commerce and having a valid marine document issued by the United States or a  foreign government.   8.  Ventilation.  All mechanically propelled vessels, the construction or decking over of which is commenced after April twenty-fifth  nineteen hundred  forty,  and which uses fuel having a flash point of one hundred ten degrees fahrenheit or less  shall  have  at  least  two  ventilators fitted  with  cowls  or their equivalent for the purpose of properly and efficiently ventilating  the  bilges  of  every  engine  and  fuel  tank compartment  in order to remove any inflammable or explosive gases. Such mechanically propelled vessels so constructed as  to  have  the  greater portion  of  the bilges under the engine and fuel tanks open and exposed to the natural atmosphere at all times need not be required to be fitted with such ventilators.    9. Motor boats of greater than thirty-nine feet in length shall  carry a bell.   10.  Any  violation of the provisions of this section, or of a rule or regulation  adopted  pursuant  to  this  section,  shall  constitute   a violation  punishable  by  a  fine of not less than twenty-five nor more than one hundred dollars.   11. The  provisions  of  this  section  shall  not  apply  to  vessels competing   in  duly  authorized  regattas  and  trials  preceding  such regattas.   12. Any person or business which, in the regular course  of  business, sells,  offers  for sale, leases or offers for lease new or used vessels or outboard motors to the general public shall, upon the sale  or  lease of  any  vessel  or outboard motor, provide the purchaser with a list of required equipment as  set  forth  in  this  section  and  any  rule  or regulation promulgated pursuant to this section.