NY Nav L § 73-A (2021)
2021 New York Laws NAV - Navigation Article 4 - Vessels Part 3 - Pleasure Vessels 73-A - Regulations of Personal Watercraft and Specialty Prop-Craft.

§  73-a.  Regulations of personal watercraft and specialty prop-craft. 1.  Personal watercraft and specialty prop-craft.  a.  No  person  shall operate  a  personal  watercraft  or  a specialty prop-craft unless each person riding on such vessel  is  wearing  a  securely  fastened  United States Coast Guard approved personal flotation device.   b.  No  person  shall  operate  a  personal  watercraft or a specialty prop-craft unless such vessel is  equipped  and  fitted  with  a  United States Coast Guard approved device for arresting carburetor backfire.   c.  No  person  shall  operate  a  personal  watercraft or a specialty prop-craft unless such vessel is equipped with:  (i) 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 provided, however, if the vessel is 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 such vessel need not be required to be fitted with such ventilators; and  (ii) an efficient 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; and  (iii) a fluorescent-orange distress flag which shall be a  minimum  of one  foot square or other appropriate United States Coast Guard approved visual distress signal.   d.  Any  person  operating  a  personal  watercraft  or  a   specialty prop-craft  equipped  by  the  manufacturer  with  a lanyard type engine cut-off switch shall attach such lanyard to his or her person, clothing, or personal flotation device as is appropriate for the specific vessel.   e. No person shall  operate  a  personal  watercraft  or  a  specialty prop-craft at any time from sunset to sunrise.   f.  No  person  shall  operate  a  personal  watercraft or a specialty prop-craft within five hundred feet  of  any  designated  bathing  area, except in bodies of water where the opposing shoreline is less than five hundred  feet  from  such  designated  area and in accordance with speed regulations and restrictions as provided by local law or  ordinance  but in  no  event  at  a  speed  in  excess of ten miles per hour, provided, however, that nothing contained in this subdivision shall  be  construed to prohibit the launching of such vessel from designated launching areas or sites.   g.  Every  personal  watercraft  and specialty prop-craft shall at all times be operated in a reasonable and prudent  manner.  Maneuvers  which unreasonably   or   unnecessarily  endanger  life,  limb,  or  property, including, but not limited to,  (i)  weaving  through  congested  vessel traffic,  or  (ii)  jumping  the  wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around  such other  vessel  is  obstructed,  or  (iii)  swerving at the last possible moment to avoid collision  shall  constitute  reckless  operation  of  a vessel, as provided in section forty-five of this article.   h.  The  provisions  of  this section shall not apply to any performer engaged  in  a  professional  exhibition  or  any  person  preparing  to participate   or  participating  in  a  regatta,  race,  marine  parade, tournament, or exhibition authorized under section thirty-four  of  this chapter.   i.  The  provisions  of this section shall apply to the operation of a personal watercraft and a specialty prop-craft on any waterway  or  body of  water  located within New York state and not privately owned and any part of any body of water adjacent to New  York  state  over  which  the  state  has  territorial jurisdiction, including all tidewaters bordering on and lying within the boundaries of Nassau and Suffolk counties.   j.  The provisions of section forty of this chapter shall not apply to personal watercraft or specialty prop-craft.   2. Liveries. Notwithstanding the provisions of section  forty-nine  or seventy-one-d  of  this  chapter, no livery shall lease, hire, or rent a personal watercraft or a specialty prop-craft to any person unless:  (a) such person is sixteen years of age or older.  (b) the operator of such livery, or his  designated  agent,  prior  to permitting  the  use  by  such  person  of  such  personal watercraft or specialty prop-craft, explains and demonstrates to such person by  video or  actual  in  water  demonstration  the  operating  procedure  of such personal watercraft or specialty prop-craft and the use of such vessel's safety equipment;  (c) such person, after receiving  the  explanation  and  demonstration required  pursuant to paragraph (b) of this subdivision, demonstrates to such livery operator or to such designated agent the ability to  operate such vessel and use the applicable safety equipment;  (d) such person has presented genuine proof of identification and age; and  except  as  provided  in  paragraph  (f)  of  this subdivision, has demonstrated compliance with section forty-nine of this article, to such livery operator or the livery operator's designated agent prior  to  the time of leasing, hiring or renting such vessel;  (e)  such livery operator or his designated agent, at the time of such leasing, hiring or renting, records the name, address  and  age  of  the user of the leased, hired or rented vessel, and the model, year, name of manufacturer, and state registration or federal documentation numbers of the leased, hired or rented vessel. Such records shall be maintained for a period of not less than one year; and   * (f)   notwithstanding  the  provisions  of  paragraph  (d)  of  this subdivision and subdivision one-a of section forty-nine of this article, a person over eighteen years of age may operate such personal watercraft or specialty prop-craft without the  certificate  required  pursuant  to section  forty-nine of this article when such operation is restricted by the operator of such livery, or the livery operator's designated  agent, to  a  specified  area,  no part of which shall be more than twenty-five hundred feet from the livery location, or, if removed  from  the  livery location,  not  more  than five hundred feet from the livery operator or agent assigned by the livery operator to supervise  such  operation  and such  personal  watercraft  or  specialty  propcraft and/or the personal flotation device of the operator is clearly marked in such a  manner  as to  be  distinguishable  by  the  operator  of such livery or the livery operator's designated agent within the permitted areas of operation.   * NB Repealed January 1, 2023   3. Penalties for violation. (a) Every person convicted of a  violation of  this section, other than a conviction for a violation of subdivision two of this section, shall for a first conviction thereof be punished by a fine of not less than fifty dollars nor more than two hundred dollars; for a conviction of a second violation, both  of  which  were  committed within  a period of twenty-four months, such person shall be punished by a fine of not less than one hundred dollars nor more than  four  hundred dollars;  upon  a  conviction of a third or subsequent violation, all of which were committed within a period of twenty-four months, such  person shall  be  punished  by  a fine of not less than two hundred dollars nor more than five hundred dollars and the revocation of the registration of the personal watercraft.  (b) Every person convicted of a violation of subdivision two  of  this section  shall  for  a first conviction thereof be punished by a fine of  not less than one hundred dollars nor more than two hundred dollars; for a conviction of a second violation, both of which were committed  within a  period of twenty-four months, such person shall be punished by a fine of not less than two hundred dollars nor more than four hundred dollars; upon  a conviction of a third or subsequent violation, all of which were committed within a period of twenty-four months, such  person  shall  be punished  by  a fine of not less than four hundred dollars nor more than eight hundred dollars.