NY Nav L § 49 (2021)
2021 New York Laws NAV - Navigation Article 4 - Vessels Part 1 - Vessels, General 49 - Operator.

§ 49. Operator.  1.  No  person shall operate a mechanically propelled vessel on the navigable waters of the state or any tidewaters  bordering on or lying within the boundaries of Nassau and Suffolk counties, unless the  operator  is  at least ten years old and is the holder of a boating safety certificate issued to him or her upon  completion  of  a  boating safety  course  approved  by  the  commissioner, the United States Power Squadrons, the United States coast guard auxiliary or the United  States sailing  association  for  a  powerboating  course  or courses which are approved by the commissioner.   a. The provisions of this subdivision shall not apply to  persons  who are:  certified  by  the  commissioner  as  boating  safety instructors; members of the United States Power  Squadrons;  members  of  the  United States coast guard auxiliary; holders of public vessel licenses pursuant to  section sixty-four of this article; police officers, peace officers, fire personnel, rescue personnel or lifeguards, when any such person  is acting  pursuant  to  assigned duties; or licensed to operate vessels by the  United  States  coast  guard  or  the  Canadian  coast  guard.  The commissioner,  by  rule  or regulation, may provide for the exemption of additional persons not listed in this paragraph from the requirements of this section.   b. The provisions of this subdivision shall supersede all  local  laws or  ordinances  relating to requirements for boating safety certificates to operate a mechanically propelled vessel.   c. For purposes of the section:  (i) "boating safety course" shall mean a course  of  instruction  that has  been approved by the commissioner pursuant to sections seventy-five and seventy-nine of this article; and  (ii) "boating safety certificate" shall mean a document  which  cannot be  altered and which is provided to a person who successfully completes a boating safety course.   1-a. a. No person shall operate a  personal  watercraft  or  specialty prop-craft  upon  the  navigable  waters  of the state or any tidewaters bordering on or lying  within  the  boundaries  of  Nassau  and  Suffolk counties  unless  the operator is fourteen years of age or older and the holder of, or is accompanied by a person over eighteen years of age  who is   the   holder   of  a  boating  safety  certificate  issued  by  the commissioner, the United States power squadrons, the United States coast guard  auxiliary,  the  United  States   sailing   association   for   a powerboating  course  or courses which are approved by the commissioner, or other state or  government,  as  a  result  of  completing  a  course approved by the commissioner.   b.  No  person  who is the owner of a personal watercraft or specialty prop-craft shall knowingly authorize or permit the operation thereof  on the  navigable  waters  of  the  state or any tidewaters bordering on or lying within the boundaries of Nassau or  Suffolk  counties  unless  the operator  is  fourteen  years  of  age or older and the holder of, or is accompanied by a person over eighteen years of age who is the holder  of a  boating  safety  certificate  issued  by the commissioner, the United States power squadrons, United States coast guard auxiliary, the  United States  sailing  association  for a powerboating course or courses which are approved by the commissioner, or other state  or  government,  as  a result of completing a course approved by the commissioner.   c.  For the purposes of this subdivision "accompanied" shall mean upon the vessel.   d. The provisions of this subdivision  shall  not  apply  to  persons: certified  by the commissioner as boating safety instructors; members of the United States power squadrons; members of the  United  States  coast guard  auxiliary;  holders of public vessel licenses pursuant to section  sixty-four of this article; police officers acting pursuant to  assigned duties;  peace  officers  acting pursuant to assigned duties; lifeguards acting pursuant to assigned duties; fire  and  rescue  personnel  acting pursuant  to assigned duties; and persons licensed to operate vessels by the  United  States  coast  guard  or  the  Canadian  coast  guard.  The commissioner  by  rule  and  regulation may provide for the exemption of additional persons not listed in this paragraph from the requirements of this section.   2. The failure of a person specified in subdivision one  or  one-a  of this section, to exhibit a boating safety certificate upon demand to any magistrate, peace officer, acting pursuant to his or her special duties, police  officer,  inspector of the state office of parks, recreation and historic preservation, traveling navigation inspector or  other  officer having  authority  to  enforce  the provisions of this chapter, shall be presumptive evidence  that  such  person  is  not  the  holder  of  such certificate.   3. No person who is the owner of a mechanically propelled vessel shall knowingly  authorize  or  permit  the operation thereof on the navigable waters of the state or any tidewaters bordering on or lying  within  the boundaries of Nassau and Suffolk counties, unless:   a. the operator is born on or before April thirtieth, nineteen hundred ninety-six; or,   b.  the  operator  is  born  on  or  after May first, nineteen hundred ninety-six, is at least ten years of age and is the holder of a  boating safety  certificate issued to him or her by the commissioner, the United States Power Squadrons, the United States coast guard auxiliary, or  the United  States  sailing association for a powerboating course or courses which are approved by the commissioner, or   c. the operator  is  younger  than  eighteen  years  of  age,  and  is accompanied  on the mechanically propelled vessel by at least one person eighteen years of age or older and is:  (i) the holder of a boating safety certificate issued to him or her by the commissioner, the United States Power Squadrons, the  United  States coast  guard  auxiliary,  or the United States sailing association for a powerboating course or courses which are approved by  the  commissioner, or  (ii) not required by subdivision one of this section to hold a boating safety  certificate in order to operate a mechanically propelled vessel; or   d. the operator is eighteen  years  of  age  or  older,  is  a  person required  by  subdivision  one  of this section to hold a boating safety certificate in order to operate a mechanically propelled vessel, and  is accompanied by a person who is at least eighteen years of age and is the holder of a boating safety certificate.   e.  The  provisions of this subdivision shall supersede all local laws or ordinances relating to requirements for boating  safety  certificates to operate a mechanically propelled vessel.   4.  Whenever any police officer or peace officer authorized to enforce the provisions of this chapter having reasonable cause to believe that a person is operating a vessel in violation  of  section  forty-nine-a  of this  article,  or  any  other  provision  of  this  article for which a suspension may be imposed, such officer may demand of such person his or her name, address and an explanation of his or her conduct.   5. The provisions of subdivisions one, one-a and two of  this  section shall  not  apply  while  the  operator  is  actually  preparing  for or competing in a regatta or boat race authorized under section thirty-four of this chapter or for which a marine event permit has  been  issued  by the United States coast guard.    6. No person operating a vessel upon the navigable waters of the state or  on  the  tidewaters  bordering on and lying within the boundaries of Nassau or Suffolk county shall fail or refuse to comply with any  lawful order  or  direction  of  any  police  officer  or  peace officer acting pursuant to his or her special duties. Failure or refusal to comply with such  lawful  order  or  direction  shall  be  a violation punishable as provided for in subdivision seven of this section.   7. A violation of subdivision one, one-a, two or six of  this  section shall  constitute  a  violation  punishable  as  set  forth  in  section seventy-three-c of this article.