2023 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 vessel and every rowboat, canoe and kayak 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 5-B fire extinguisher.
Class 1 motor boats shall carry one 5-B fire extinguisher.
Class 2 motor boats shall carry two 5-B fire extinguishers.
Class 3 motor boats shall carry three 5-B 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 20-B fire extinguisher may be substituted for two class
5-B 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 5-B 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.
(e) Disposable fire extinguishers are considered expired twelve  years
after  their  date  of  manufacture.  Expired  or  previously  used fire
extinguishers do not meet the requirements  of  paragraph  (a)  of  this
subdivision.
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.
13. The operator of a vessel under twenty-six feet in length  equipped
with  an  engine cut-off switch shall use the engine cut-off switch when
the vessel is operating on plane or above displacement speed. The use of
an engine cut-off switch shall not be required when the operator is in a
fully enclosed cabin.