N.Y. Navigation Law § 45: Reckless operation of a vessel; speed

§ 45. Reckless operation of a vessel; speed. 1. (a) Every master or

operator of a vessel shall at all times navigate the same in a careful

and prudent manner in such a way as not to unreasonably interfere with

the free and proper use of the navigable waters of the state and all

tidewaters bordering on or lying within the boundaries of Nassau and

Suffolk counties or unreasonably endanger any vessel or person. Reckless

operation is prohibited. Any person operating a vessel in violation of

this subdivision shall be guilty of a misdemeanor punishable as set

forth in section seventy-three-b of this article.

(b) No person shall operate a vessel at a speed greater than is

reasonable and prudent under the conditions and having regard to the

actual and potential hazards then existing.

1-a. No vessel other than the tending vessel shall be operated within

one hundred feet of a red flag with a diagonal white bar which, when

displayed on the water or from a boat, indicates underwater diving, or a

designated course for racing shells but no such flag shall be placed so

as to deny access or use of any boathouse, wharf, harbor, bay, channel

or navigable waterway.

2. Except as provided in section forty-five-cc of this part, no vessel

shall be operated within one hundred feet of the shore, a dock, pier,

raft, float or an anchored or moored vessel at a speed exceeding five

miles per hour, unless such vessel is being operated near such shore,

dock, float, pier, raft, or anchored vessel for the purpose of enabling

a person engaged in water skiing to take off or land.

3. The provisions of this section shall not apply to a vessel while

actually competing in a regatta or boat race authorized under section

thirty-four of this chapter.

4. The provisions of subdivision two above shall not apply to

commercial vessels having a valid marine document issued by the United

States or a foreign government.

5. The violation of any of the provisions of this section other than

paragraph (a) of subdivision one of this section shall constitute a

violation punishable as set forth in section seventy-three-c of this

article.

7. (a) The court may suspend a person's privilege to operate a vessel

for a period of at least three but less than twelve months upon

conviction for reckless operation of a vessel pursuant to any applicable

provision of this article. In determining the length of such suspension,

the court may take into consideration the seriousness of the offense and

may impose a period of suspension whereby such suspension may be in

effect during a portion of the current or subsequent boating season.

(b) The court shall suspend a person's privilege to operate and may

suspend a vessel registration:

(1) for a period of at least six but less than twelve months where a

person is convicted of reckless operation of a vessel pursuant to any

applicable provision of this article after having been convicted of any

such offense within the preceding eighteen months. In determining the

length of such suspension or suspensions, the court may take into

consideration the seriousness of the offense and may impose a period of

suspension whereby such suspension may be in effect during a portion of

the current or subsequent boating season;

(2) for a period of at least six but less than twelve months upon a

third or subsequent conviction for any violation of any law, ordinance

or regulation limiting the speed of a vessel or any provision

constituted a misdemeanor by this article except for the commission of a

third or subsequent misdemeanor as set forth in subparagraph three of

this paragraph. In determining the length of such suspension or

suspensions, the court may take into consideration the seriousness of

the offense and may impose a period of suspension whereby such

suspension may be in effect during a portion of the current or

subsequent boating season;

(3) for a period of twelve months where a person is convicted of

reckless operation of a vessel pursuant to any applicable provision of

this article after having been twice convicted of any such offense

within the preceding eighteen months.

(c) When a person is convicted pursuant to this article the court may,

in any case before the court, and shall when the convicted person is

subject to a suspension pursuant to this subdivision, in addition to any

other penalties invoked under this article, require the convicted

person, as a condition of the sentence, to complete a boating safety

course of the state, U.S. Power Squadrons, U.S. Coast Guard Auxiliary,

or a powerboating course or courses offered by the United States sailing

association which are approved by the commissioner and show proof of

successful completion of such course to the court or its designee.