N.Y. Navigation Law § 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.