reglab/statecodes huggingface dataset:
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 451.5 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person is
					 exempt from carrying a boating safety certificate or taking the course if they
					 hold at least one of the following valid certifications, licenses, memberships
					 or status. A copy of that certification, license, membership or status
					 information must be carried by the operator and produced upon request of a law
					 enforcement or judicial officer. A law enforcement or judicial officer may
					 require the operator to produce the original certification, license, membership
					 or status document within a reasonable time period:
(1) safe boating instructor certification
					 issued by the agency;
(2)
					 membership in good standing of the United States Power Squadron or a safe
					 boating certification issued by the United States Power Squadron;
(3) membership in good standing of the United
					 States Coast Guard Auxiliary or a safe boating certification issued by the
					 United States Coast Guard Auxiliary;
(4) valid license issued under section 64  of the
					 Navigation Law;
(5) valid
					 operator's license issued by the United States Coast Guard or the Canadian
					 Coast Guard;
(6) police officer,
					 peace officer, firefighter, emergency rescue personnel or lifeguard acting
					 within the scope of their official duties; or
(7) non-resident or New York resident who has
					 received comparable safe boating instruction and is holding a valid comparable
					 certificate issued by the state or country where they presently reside or
					 recently resided;
(i) however, a New York
					 resident holding a valid comparable certificate issued by a former state or
					 country of residence must apply for a boating safety certificate and complete
					 the course within a one-year grace period after moving into the
					 State;
(ii) the agency retains the
					 discretion to review any out-of-state instruction to determine whether it is
					 equivalent to the New York course. If the agency finds the out-of-state course
					 is not equivalent it may require a non-resident to apply for a boating safety
					 certificate and complete the course requirements, or may require a new resident
					 of New York to apply for the boating safety certificate and complete the course
					 requirements prior to expiration of the one-year grace period.
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 451.6 - Suspension or revocation of boating safety certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) the agency may suspend or revoke a
					 boating safety certificate issued to an operator:
(1) if the operator holding the boating
					 safety certificate is found guilty of boating while intoxicated under section 49-a or
					 49-b  of the Navigation Law, or is found
					 guilty of reckless operation of a vessel or PWC and the privilege to operate
					 the vessel or PWC is suspended under section 45  of the Navigation Law; or
(2) if the agency determines that the
					 operator knowingly provided false answers to questions on the student record
					 form or obtained the boating safety certificate through fraudulent means or in
					 violation of this Part.
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 451.8 - New york safe boating course requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Only persons who have received an instructor
						certification issued by the agency may teach the course. The instructor or the
						commercial organization must comply with the following requirements:
(a) Pre-registration. At least two weeks
					 before a course is scheduled to begin and before it is advertised the
					 instructor or the commercial organization shall pre-register the course with
					 the agency by providing the following information: dates, times, name of
					 training facility and its location, names of lead instructor and names of any
					 additional instructors that are scheduled to teach the course, number of
					 classroom sessions, age restrictions (if any), class sizes, total enrollment;
					 instructional fees charged to students (if any) and any other information
					 required by the agency.
(1) Class sizes may
					 vary between 6 and multiples of 30 students per instructor. Requiring 30
					 students per instructor means that a class of 90 students, for example, would
					 require a lead certified instructor and 2 additional certified instructors to
					 teach it.
(2) An instructor may not
					 register a class of less than 6 students nor more than 30 students per
					 instructor. If an instructor pre-registers 6 students and at least 2 students
					 attend, the instructor may, nevertheless, teach the class.
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 451.9 - Instructor or commercial organization recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will provide the required student record forms
						and course attendance forms to each instructor or to a commercial organization
						for those courses that the instructor or commercial organization pre-registers
						with the agency.
(a) The instructor
					 must ensure that the student fills out the student record form prior to taking
					 the final examination.
(b) The
					 instructor or the manager of the commercial organization must maintain and
					 account for the student record form. The instructor or commercial organization
					 must immediately notify the agency of the loss, destruction or mutilation of a
					 student record form. The agency may decline to issue a boating safety
					 certificate to a student whose student record form is missing, mutilated,
					 destroyed, or fraudulently completed.
(c) The instructor must submit the completed
					 student record forms and the completed course attendance form to the agency
					 within seven days of the course's conclusion. Alternatively, an instructor
					 affiliated with a commercial organization may send the forms to the manager of
					 the affiliated commercial organization within seven days of the course's
					 conclusion. The manager, in turn, must send the complete course forms to the
					 agency within 21 days of the course's conclusion.
(d) Student record forms not accounted for on
					 an instructor's course attendance form may be rejected by the agency and the
					 agency may not issue a boating safety certificate to the student.
(e) If the instructor's certification is
					 suspended or revoked or if an instructor ceases teaching, the instructor must
					 return the completed, partially-completed or unused student record forms and
					 course attendance forms, and surrender the instructor's certification to the
					 agency.
(f) The instructor who is
					 affiliated with a commercial organization may transfer all completed or unused
					 student record forms and course attendance forms to the manager of the
					 commercial organization. The manager must provide an accounting of the forms to
					 the agency and may:
(1) provide another
					 affiliated instructor to teach a course that is in progress;
(2) immediately return the unused forms to
					 the agency; or
(3) re-distribute
					 the unused student record forms to other instructors affiliated with that
					 commercial organization.
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 451.10 - Instructor certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Initial application. A person interested in teaching the course must apply
					 directly to the agency for certification as a safe boating instructor before
					 commencing course instruction. The application must be completed on forms
					 prescribed and supplied by the agency. The application is available from and
					 must be filed with the Office of Parks, Recreation and Historic Preservation,
					 Marine Services Bureau, 625 Broadway, Albany, NY 12233.
(1) The applicant must provide a name, date
					 of birth, address and any other names the applicant has used or been known by.
					 All information or documentation requested on the forms must be provided. The
					 applicant must sign and swear to the truth and accuracy of the information and
					 have the signature notarized.
(2) A
					 criminal background check will be conducted by the agency on each
					 applicant.
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 451.11 - Commercial organization certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial application. The manager of a
					 commercial organization that intends to provide the course for a fee to the
					 public through an affiliation with more than one instructor must apply to the
					 agency in December of each year on forms provided by the agency to obtain a
					 commercial organization certification. The application must be filled in
					 completely and include the following:
(1) the
					 name of the commercial organization;
(2) the commercial organization's principal
					 place of business which is the mailing address for all correspondence and
					 exchange of materials and forms between the organization and the
					 agency;
(3) the names and addresses
					 of the owner and manager of the commercial organization. If the owner and
					 manager signing the application have ever used or have ever been known by
					 another name, such name or names must be listed on the application. If the
					 commercial organization changes ownership, management, or dissolves, the agency
					 must be notified within 10 days;
(4) the names and addresses of all
					 instructors affiliated with the commercial organization;
(5) statements attesting to the owner's and
					 manager's good characters, reputations, fitness, and ability to comply
					 satisfactorily with this Part. The application must be certified and signed by
					 the owner and manager and their signatures must be notarized. Excluding
					 requested information or making a partial or false entry on any part of the
					 application is a violation of this section and will result in a denial of the
					 application.
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 451.12 - Suspension or revocation of instructor or commercial organization certifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Denial of applications for initial, renewal or re-issued commercial
					 organization certifications or suspensions or revocations. The agency may deny
					 any application for an initial, a renewal or a re-issued commercial
					 organization certification or suspend or revoke it for any of the following
					 reasons:
(1) the commercial organization or
					 its owner or manager fails to comply with any of the provisions of this
					 Part;
(2) the commercial
					 organization, its owner, manager or any partner, officer or affiliated
					 instructor of the commercial organization is convicted of a felony, misdemeanor
					 or violation except a traffic infraction;
(3) the owner, manager, partner, officer or
					 affiliated instructor of the commercial organization makes a material false
					 statement or conceals a material fact in connection with the application for
					 the commercial organization certification or renewal or refuses to comply with
					 an audit request by the agency;
(4)
					 the commercial organization, its owner, manager or any partner, officer or
					 affiliated instructor of the commercial organization engages in a fraudulent
					 practice;
(5) the owner, manager,
					 partner, officer or affiliated instructor of the commercial organization fails
					 to follow the prescribed procedures for obtaining an instructor certification
					 issued by the agency;
(6) the
					 commercial organization or any owner, manager, partner, officer, affiliated
					 instructor or employee of the commercial organization harasses, threatens or
					 assaults any other instructor, prospective student, student or agency
					 representative.
The commercial organization may request a hearing by the
						commissioner on the suspension or revocation by certified mail within 10 days
						as outlined in subdivision (c) of this section.
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 451.13 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 correspondence, print advertising or any other media, an instructor or
					 commercial organization must not:
(1)
					 publish, advertise or intimate that a prospective student or student is
					 guaranteed receipt of a boating safety certificate issued by the
					 agency;
(2) publish, advertise or
					 intimate that a boating safety certificate is a boating license;
(3) state or imply that completion of the
					 course is required to operate a motorboat in New York State;
(4) state or imply that completing the course
					 will reduce insurance rates unless the claim is substantiated and documented to
					 be consistent with the requirements of section 78-a  of the Navigation Law;
(5) use or allow the use of any advertisement
					 which would reasonably have the effect of leading people to believe that the
					 instructor or commercial organization is an agent, representative or employee
					 of the agency;
(6) use the New York
					 State symbol, or the New York State Office of Parks, Recreation and Historic
					 Preservation's logo; and
(7) make
					 any false or misleading claims or statements in any of its advertising or use
					 advertising that includes any unsubstantiated data or claims.
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 451.14 - Violation

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to comply with this Part constitutes a violation
						under section 73-c  of the
						Navigation Law.
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 451.15 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If a court of competent jurisdiction determines that any
						provision of this Part or its application to any person, commercial
						organization or circumstance is contrary to law, then that determination shall
						not affect or impair the validity of the other provisions of this Part or
						application of the disputed provision or other provisions to other persons,
						commercial organizations or circumstances.
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 B - Snowmobiles › Part 454 - Snowmobile Trail Development And Maintenance › Section 454.1 - Availability of state aid for snowmobile trail development and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
					 shall provide State aid for snowmobile trail development and maintenance in
					 accordance with the provisions of this Part to local sponsors, as defined in
					 section
					 453.1(ff) 
					 of this Title.
(b) State aid shall
					 be available in the following categories:
(1)
					 development grants for new trail construction, including but not limited to
					 culverts and bridges, signage, and amenities such as shelters, parking lots and
					 sanitary facilities; and
(2)
					 maintenance grants for repair, rehabilitation and maintenance of trail
					 facilities, including but not limited to brush cutting, grooming, sign
					 replacement, and repair and upkeep of facilities.
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 B - Snowmobiles › Part 454 - Snowmobile Trail Development And Maintenance › Section 454.2 - Authorized expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
The following items, to the extent that they are in
						excess of any snowmobile user fees received by the local sponsor, shall be
						deemed authorized expenditures when used according to the provisions of this
						Part and shall be eligible for funding as provided in section
						454.5  of this
						Part.
(a) Land use costs. Charges,
					 such as rentals, permit fees and the costs of acquiring easements which are
					 required for authorization to use lands of another for trails.
(b) Subcontracts. Costs for subcontracting
					 with municipalities, not-for-profit corporations, snowmobile clubs and other
					 like entities for the development and maintenance of snowmobile trails and
					 facilities. Any such contract shall contain a provision holding harmless the
					 State of New York from any liability in connection with such contract and shall
					 be subject to the approval of the commissioner in form and content.
(c) Labor. The costs for personnel of the
					 local sponsor which are assigned to and engaged in trail construction or
					 maintenance shall be paid at the normal hourly rates of wage of such personnel,
					 regardless of whether the employee is in overtime status at the time that such
					 work is performed. Payroll information shall be kept by the local sponsor at
					 the office of the appropriate official for inspection.
(d) Equipment and motor vehicle rental.
					 Eligible costs may include the charge for the equipment operator. Rental of
					 equipment, including but not limited to bulldozers, backhoes, dumptrucks,
					 four-wheel drive vehicles, snowmobiles, ATV's and groomers or grooming
					 equipment, shall be eligible costs at the actual current lease or rental rate,
					 except that the commissioner may establish a reasonable maximum allowable rate
					 for each piece of equipment.
(e)
					 Purchase of equipment. Purchase of power equipment and hand tools for use on a
					 snowmobile trail project, including but not limited to chain saws, power
					 scythes, shovels, hoes, tree trimmers, rakes and axes.
(f) Materials. The cost of materials for use
					 on a snowmobile trail project, including but not limited to gravel, stone,
					 lumber and culverts.
(g) Vehicle
					 costs. Allowance for actual mileage of vehicles owned by the local sponsor
					 while being used on a snowmobile trail project.
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 B - Snowmobiles › Part 454 - Snowmobile Trail Development And Maintenance › Section 454.3 - Local snowmobile trail development and maintenance plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local sponsor wishing to obtain
					 State aid for snowmobile trail development and maintenance shall submit to the
					 commissioner a local snowmobile trail development and maintenance plan. The
					 plan shall be in a form and contain such information as shall be required by
					 the commissioner.
(b) The plan
					 shall serve as a long-range planning document for the development and
					 maintenance of snowmobile trails by the local sponsor and all applications for
					 future State aid shall be in conformance with and implement all or part of the
					 plan. The plan shall cover at least three years' snowmobile trail development
					 and maintenance.
(c) After January
					 1, 1989, no local sponsor shall submit to the commissioner an application for
					 State aid until it has first submitted and had approved a local plan. In order
					 to submit an application for State aid for a project which is not covered by
					 the plan previously submitted a local sponsor shall submit and have approved an
					 updated plan.
(d) No later than
					 September 1st of each year, each local sponsor shall submit an update of its
					 local plan. The update shall include any changes to the plan previously
					 submitted which the local sponsor has determined to be necessary or
					 appropriate. In addition, the update shall always project the trail development
					 and maintenance to be undertaken for three years beyond the current fiscal
					 year.
(e) The commissioner shall
					 review the local plan, and local plan updates, and comment on each in writing
					 no later than 90 days after receipt.
(f) The local sponsor shall be responsible
					 for conducting all appropriate reviews of the plans, including environmental
					 reviews, and for obtaining necessary approval of local, regional and other
					 State governmental entities.
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 B - Snowmobiles › Part 454 - Snowmobile Trail Development And Maintenance › Section 454.4 - Application for state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application for State aid shall be submitted no later than September 1st of
					 each year for which aid is sought. The application shall include a description
					 of the projects which the local sponsor will carry out during the current
					 fiscal year, including an estimate of expenditures for their implementation,
					 and shall be in a form and contain such additional information as shall be
					 required by the commissioner.
(b)
					 The commissioner shall review each application to determine whether the
					 proposed expenditures conform to its trail development and maintenance plan and
					 are authorized under this Part.
(c)
					 The commissioner shall determine the percentage proportion which the authorized
					 expenditures of each local sponsor which applies for State aid bear to the
					 total authorized expenditures of all local sponsors applying for
					 funds.
(d) Such percentage shall be
					 applied against the amount of State aid available for distribution for that
					 fiscal year. The amount thus determined shall be the amount of State aid which
					 each local sponsor shall be entitled to receive.
(e) No city, town of village may apply for
					 State aid in any fiscal year in which the county containing such city, town or
					 village shall also apply for such aid.
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 B - Snowmobiles › Part 454 - Snowmobile Trail Development And Maintenance › Section 454.5 - Project agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 local sponsor shall enter into a project agreement with the office for the
					 receipt of State aid under this Part.
(b) Seventy percent of the State aid shall be
					 made available to the local sponsor after November 1st and upon execution and
					 approval of the project agreement.
(c) The remaining 30 percent shall be paid to
					 the local sponsor after completion of the program for that fiscal year and
					 verification of the local sponsor's expenditures to the satisfaction of the
					 commissioner.
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 B - Snowmobiles › Part 455 - Repealed › Section 455.1 to 455.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 455 - Repealed › Section 455.15 to 455.23 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 455 - Repealed › Section 455.30 to 455.31 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.1 - Requirements for obtaining a snowmobile safety certificate

Current through Register Vol. 46, No. 28, July 10, 2024
Requirements for obtaining a snowmobile safety
						certificate include:
(a) attendance at
					 three of the four prescribed lessons;
(b) completion of the workbook; and
(c) attainment of a score of 75 percent on
					 the final examination.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.2 - Course content

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New
					 York State young snowmobile operator's safety training course shall be a
					 training program prepared and published by the commissioner as authorized in
					 article 25 of the Parks, Recreation and Historic Preservation Law, comprised of
					 a minimum of 10 hours of classroom instruction and one hour of optional field
					 instruction by a duly certified instructor.
(b) The course will contain, but not be
					 limited to, the following topics:
(1) code of
					 ethics;
(2) registration;
(3) safe operation;
(4) laws and enforcement of laws;
(5) parts identification;
(6) fuel system;
(7) safety features and safety
					 equipment;
(8) driving
					 tips;
(9) wind-chill
					 chart;
(10) proper clothing;
					 and
(11) survival
					 techniques.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.3 - Instructor certification

Current through Register Vol. 46, No. 28, July 10, 2024
Certification of an instructor's qualifications shall be
						on the following basis:
(a) attendance
					 at a training seminar conducted by a representative of the bureau; or
(b) possession of a valid New York State
					 teacher's license and the written recommendation of a regional coordinator;
					 or
(c) assisting a certified
					 instructor in the presentation of the New York State young snowmobile
					 operator's safety training course.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.4 - Application for snowmobile safety certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The application for a snowmobile safety
					 certificate shall include but not be limited to the following:
(1) name of applicant;
(2) address of applicant (street, city,
					 county, state);
(3) date of birth
					 of applicant;
(4) sex, weight,
					 height, color of eyes, color of hair;
(5) name of parent or guardian;
(6) instructor's code number; and
(7) attendance record.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.5 - Snowmobile safety certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Snowmobile safety certificate shall be
					 wallet-size and include but not be limited to the following:
(1) name of applicant;
(2) address of applicant (street, city,
					 county, state);
(3) date of birth
					 of applicant;
(4) sex, weight,
					 height, color of eyes, color of hair;
(5) instructor's code number;
(6) name of applicant's parent or
					 guardian;
(7) signature of
					 applicant; and
(8) certificate
					 number.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.6 - Duplicate snowmobile safety certificate

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that a snowmobile safety certificate is
						lost, the youthful operator may obtain a duplicate snowmobile safety
						certificate by making application to the bureau upon payment of a fee of
						$1.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.7 - Revocation and suspension

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may suspend or revoke a snowmobile
						operator's safety certificate upon a determination by him that such action is
						warranted, provided the certificate holder is given the opportunity of a
						hearing before the commissioner.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.8 - Exemption

Current through Register Vol. 46, No. 28, July 10, 2024
A youthful operator who is a resident of another state or
						country and is the holder of a valid snowmobile safety certificate issued
						pursuant to the laws of that state or country shall be exempt from the
						requirements of this Part.
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 B - Snowmobiles › Part 456 - Youthful Operator's Snowmobile Educational Program › Section 456.9 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Section 457.1 - Accident reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
					 shall be the duty of the operator of a snowmobile involved in any accident, as
					 defined in this Subchapter, so far as he can do so, to render to other persons
					 affected by said accident such assistance as may be practicable and as may be
					 necessary in order to save them from or minimize any danger caused by the
					 occurrence.
(b) The operator of any
					 snowmobile involved in any accident shall stop and exhibit his certificate of
					 registration and operator's certificate, if he is required to have one, give
					 his name, address and the identification number of his snowmobile, in writing,
					 to any person injured and to the operator or owner of any snowmobile or
					 property damaged. In the event the person injured or the owner of property
					 damaged cannot be located at the place where the accident occurred, then said
					 information and a description of the accident shall be reported by the operator
					 of the snowmobile, within 24 hours, to the nearest police officer, enforcement
					 agency or magistrate.
(c) The
					 operator of every snowmobile involved in any accident resulting in loss of
					 life, personal injury, or property damage in excess of $1,000 shall, within
					 seven days of the accident, file a complete written report and description of
					 the accident as provided in this section.
(d) Accidents shall be reported on forms
					 provided by the commissioner for that purpose. Forms may be obtained at any
					 police station or office of the division.
(e) Accident reports are to be filed with the
					 bureau and a copy thereof shall be filed with the local enforcement agency in
					 whose jurisdiction the accident occurred.
(f) Every written report shall contain, but
					 not be limited to, the following information:
(1) number of snowmobiles involved;
(2) locality where accident
					 occurred;
(3) time and date when
					 accident occurred;
(4) name,
					 address, age and snowmobile operating experience;
(5) weather conditions at time of
					 accident;
(6) name and address of
					 operator of other snowmobile involved;
(7) name and address of owners of snowmobiles
					 or property involved;
(8) name and
					 address of any person injured or killed;
(9) nature and extent of injury to any person
					 or persons;
(10) description of
					 damage to property, and estimated cost of repairs;
(11) description of accident;
(12) make, year built, type of
					 snowmobile;
(13) name and address
					 of all known witnesses;
(14) type
					 of accident;
(15) signature of
					 person reporting; and
(16)
					 registration numbers of snowmobiles involved.
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Section 457.2 - Police reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 employee of an enforcement agency who investigates, or receives information of,
					 an accident involving a snowmobile shall make a written report of the
					 investigation or information received, and such additional facts relating to
					 the accident as may come to his knowledge, and mail the same within 48 hours to
					 the bureau, keeping a record of same in his office.
(b) Where a serious injury or death has
					 resulted from such accident, the investigating officer may delay mailing his
					 report to the bureau pending a final determination as to the condition of the
					 injured person or persons; however, in such cases the investigating officer or
					 his superior must promptly notify the bureau by telephone, teletype or in
					 writing of such delay and the reason therefor. Said written report is to be
					 filed not later than seven days after the accident.
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Section 457.3 to 457.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Section 457.10 to 457.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Section 457.12 to 457.26 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Payment of State Aid to Municipalities Enforcing Snowmobile Provisions › Section 457.30 - Effective date of state aid

Current through Register Vol. 46, No. 28, July 10, 2024
On and after October 1, 1970, every county, city, town
						  or village enforcing the provisions of article 25 of the Parks, Recreation and
						  Historic Preservation Law shall be entitled to receive State aid as hereinafter
						  provided. A county, city, town or village seeking reimbursement for
						  expenditures incurred in enforcement of this article shall submit to the
						  commissioner, by January first of each year, an estimate of such expenditures
						  for the current fiscal year, in such form and containing such information as
						  the commissioner may require. Within one month after the close of the fiscal
						  year, each such county, city, town or village shall submit to the commissioner
						  a statement of authorized expenditures actually incurred, in such form and
						  containing such information as he may require. For the purpose of this section,
						  fiscal year shall mean the period from April 1st through March
						  31st.
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Payment of State Aid to Municipalities Enforcing Snowmobile Provisions › Section 457.31 - Formula for dispersion of state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The amount of State aid to be allocated
						to counties, cities, towns or villages shall be determined by the commissioner
						as hereinafter provided. The commissioner shall determine the percentage
						proportion which the authorized expenditures of each individual county, city,
						town or village, but not exceeding $25,000 for each county, including the
						municipalities therein, shall bear to the total authorized expenditures of all
						the counties, cities, towns or villages for enforcement of article 25 of the
						Parks, Recreation and Historic Preservation Law during the fiscal year. Such
						percentage proportion shall then be applied against an amount equal to 25
						percent of the amount received by the commissioner in fees received for
						registration of snowmobiles during such fiscal year, to the extent only and not
						exceeding the sum of $150,000.
(b)
						The amount thus determined shall constitute the maximum amount of State aid to
						which each county, city, town or village shall be entitled; provided, however,
						that no county, city, town or village shall receive State aid in an amount in
						excess of one half of its authorized expenditures as approved by the
						commissioner for such fiscal year ($12,500 maximum per county, including
						municipalities therein).
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 B - Snowmobiles › Part 457 - Snowmobile Accident Reports › Payment of State Aid to Municipalities Enforcing Snowmobile Provisions › Section 457.32 - General agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
						personnel assigned to the duty of enforcing the snowmobile provisions shall be
						mentally and physically capable of performing the duties to which they are
						assigned. They shall have a good knowledge of the provisions of article 25 of
						the Parks, Recreation and Historic Preservation Law and the powers, duties and
						authority of peace officers. They shall have a thorough knowledge of the
						operation of snowmobiles and the rules and regulations pertaining to such
						operation.
(b) All persons engaged
						in the snowmobile enforcement program shall actively cooperate with the
						commissioner or his authorized representative, including, but not limited to,
						the answering of questions, making reports and showing records as requested.
						The commissioner may refuse payment to any municipality for that portion of
						authorized expenditures paid to personnel deemed to be unfit to carry out the
						duties assigned.
(c) All
						municipalities participating in the State aid program shall:
(1) investigate complaints of violations of
						article 25 of the Parks, Recreation and Historic Preservation Law within their
						jurisdiction, including those referred to the municipality by the
						commissioner;
(2) enforce the
						provisions of article 25 of the Parks, Recreation and Historic Preservation Law
						that are applicable to land and water within their jurisdiction;
(3) submit such reports as the commissioner
						may desire;
(4) keep records
						pertaining to violations and authorized expenditures;
(5) advise snowmobile owners on the safe
						method of operating snowmobiles;
(6) assist in the distribution of such public
						information as may be provided by the commissioner;
(7) certify that all claims and documents
						which are part thereof are true and correct;
(8) purchase and maintain uniform snowmobile
						summonses, and issue same for violations of article 25 of the Parks, Recreation
						and Historic Preservation Law;
(9)
						maintain an up-to-date snowmobile enforcement log book, by day, for each
						snowmobile season. The log shall contain the hours patrolled, the areas
						patrolled, the name of each police officer on patrol, a brief resume of any
						accidents investigated, and any extraordinary equipment needed in the
						investigation. Upon demand of the commissioner or his authorized
						representative, the log shall be made available for examination;
(10) make available any or all equipment,
						purchased or rented under the State aid program, to the commissioner or his
						authorized representative for the purpose of inspection, investigation or any
						other official duties.
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 B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › Section 458.2 - During special event

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The special
					 assistants to the person in charge shall be expected to take whatever measures
					 are deemed necessary, in addition to those listed in this section, to insure
					 the safety of participants, spectators or any other persons during the
					 authorized snowmobile special event.
(b) Immediately prior to the start of the
					 special event, at least two special assistants to the person in charge shall
					 take stations whereby they are in the most suitable position to accomplish the
					 following:
(1) warn traffic approaching
					 special event;
(2) prevent
					 spectators on other snow-traveling machines from getting too close to special
					 event;
(3) give assistance in case
					 of participant accident (unless an emergency vehicle is specifically assigned
					 to this task) or other type of mishap;
(4) stay close to the majority of
					 participants (during races); and
(5) summon medical aid or other type of
					 assistance.
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 B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › Section 458.3 - After special event

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
					 special event is over, the special assistants to the person in charge shall
					 supervise the dispersion of spectators in an orderly manner.
(b) It shall be the duty of the special
					 assistants to the person in charge to cause the removal of all equipment
					 temporarily authorized for use during the special event, prior to sunset on the
					 last day of the special event.
(c)
					 Within 48 hours after a snowmobile special event, the special assistants to the
					 person in charge shall compile a joint report and submit it to the bureau. The
					 report shall contain:
(1) general
					 observations concerning the event;
(2) report of violations of article 25 of the
					 Parks, Recreation and Historic Preservation Law, this Part, or any special
					 rules and regulations which may be included on the special event permit;
					 and
(3) complete data on accidents
					 involving participants, spectators or any person in the special
					 event.
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 B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.10 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Warning signs
						are used to warn the highway user of physical or operating conditions on or
						adjacent to the roadway. Warning signs call for caution on the part of the
						motorist, pedestrian or snowmobile operator, and generally require a reduction
						in driving speed for safety.
(b)
						The use of warning signs should be held to a minimum consistent with the
						requirements for safety. Unnecessary signs detract from their effectiveness and
						cause disrespect for all warning signs.