New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter A - Motorboats › Part 451 - Safe Boating › Section 451.7 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Boating safety
					 certificate means the permanent agency-issued wallet-sized, card that includes
					 the name of the operator; boating safety certificate number; operator's date of
					 birth, sex and eye color; and issue date. It satisfies the requirements of
					 subdivisions (1) and (1-a) of section 49  of the
					 Navigation Law. It includes the temporary boating safety certificate that the
					 instructor awards to the operator that is valid for only 90 days.
(b) Commercial organization means an
					 organization that is affiliated with more than one commercial instructor and
					 has received a certification from the agency to coordinate instruction in the
					 New York Safe Boating Course. The commercial organization must have a manager
					 or owner who is responsible for charging a fee to students, managing
					 recordkeeping, registering students for classes, transacting business with the
					 agency on behalf of the commercial organization's affiliated instructors and
					 ensuring that its instructors implement the course requirements, the Navigation
					 Law and this section, and that they comply with the New York Safe Boating
					 Instructor Guide.
(c) Course means
					 the New York safe boating course that includes the requirements described in
					 section
					 451.6 
					 of this Part.
(d) Course attendance
					 form means the roster and information for all students registered for a safe
					 boating course. It includes the students' attendance records, test scores,
					 issued student record form numbers, the course commencement and completion
					 dates, name and location of the training facility, the lead instructor's name
					 and identification number and the names of other instructors,
					 instructors-in-training or persons who assisted in teaching the course. The
					 number of entries on this form must match the number of students that were in
					 attendance at the course commencement and the number of student record forms
					 submitted to the agency for that course.
(e) Exemption means a valid certification,
					 license, membership or status described in section
					 451.5  of this
					 Part.
(f) Fraudulent practice means
					 any conduct or representation of the instructor that could induce another to
					 believe or conveys the impression to a reasonable person that a boating safety
					 certificate or other privilege granted at the discretion of the agency could be
					 obtained in any way other than as described in this Part. It also means
					 collecting, requesting, accepting or exacting money or other compensation or
					 fees for the course in a manner different from what is allowed in this
					 Part.
(g) Instructor means a person
					 who has a valid certification issued by the agency that indicates he or she is
					 qualified to teach the course.
(1) A
					 volunteer instructor teaches the course but does not charge the student a fee.
					 The volunteer instructor may collect a nominal proportional custodial or room
					 use charge from the student that may be assessed by the host training facility,
					 or may collect a nominal discretionary donation from a student who voluntarily
					 wishes to contribute to the not-for-profit organization that is sponsoring the
					 course, or may collect both a charge and a donation. The agency may require an
					 entity to submit documents that evidence its status as a training facility or
					 not-for-profit organization.
(2) A
					 commercial instructor teaches the course and charges the student a fee directly
					 or is affiliated with a commercial organization that charges the student a
					 fee.