2023 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.