N.Y. Navigation Law § 49: Operator

§ 49. Operator. 1. No person shall operate a mechanically propelled

vessel on the navigable waters of the state or any tidewaters bordering

on or lying within the boundaries of Nassau and Suffolk counties, unless

the operator is at least ten years old and is the holder of a boating

safety certificate issued to him or her upon completion of a boating

safety course approved by the commissioner, the United States Power

Squadrons, the United States coast guard auxiliary or the United States

sailing association for a powerboating course or courses which are

approved by the commissioner.

a. The provisions of this subdivision shall not apply to persons who

are: certified by the commissioner as boating safety instructors;

members of the United States Power Squadrons; members of the United

States coast guard auxiliary; holders of public vessel licenses pursuant

to section sixty-four of this article; police officers, peace officers,

fire personnel, rescue personnel or lifeguards, when any such person is

acting pursuant to assigned duties; or licensed to operate vessels by

the United States coast guard or the Canadian coast guard. The

commissioner, by rule or regulation, may provide for the exemption of

additional persons not listed in this paragraph from the requirements of

this section.

b. The provisions of this subdivision shall supersede all local laws

or ordinances relating to requirements for boating safety certificates

to operate a mechanically propelled vessel.

c. For purposes of the section:

(i) "boating safety course" shall mean a course of instruction that

has been approved by the commissioner pursuant to sections seventy-five

and seventy-nine of this article; and

(ii) "boating safety certificate" shall mean a document which cannot

be altered and which is provided to a person who successfully completes

a boating safety course.

1-a. a. No person shall operate a personal watercraft or specialty

prop-craft upon the navigable waters of the state or any tidewaters

bordering on or lying within the boundaries of Nassau and Suffolk

counties unless the operator is fourteen years of age or older and the

holder of, or is accompanied by a person over eighteen years of age who

is the holder of a boating safety certificate issued by the

commissioner, the United States power squadrons, the United States coast

guard auxiliary, the United States sailing association for a

powerboating course or courses which are approved by the commissioner,

or other state or government, as a result of completing a course

approved by the commissioner.

b. No person who is the owner of a personal watercraft or specialty

prop-craft shall knowingly authorize or permit the operation thereof on

the navigable waters of the state or any tidewaters bordering on or

lying within the boundaries of Nassau or Suffolk counties unless the

operator is fourteen years of age or older and the holder of, or is

accompanied by a person over eighteen years of age who is the holder of

a boating safety certificate issued by the commissioner, the United

States power squadrons, United States coast guard auxiliary, the United

States sailing association for a powerboating course or courses which

are approved by the commissioner, or other state or government, as a

result of completing a course approved by the commissioner.

c. For the purposes of this subdivision "accompanied" shall mean upon

the vessel.

d. The provisions of this subdivision shall not apply to persons:

certified by the commissioner as boating safety instructors; members of

the United States power squadrons; members of the United States coast

guard auxiliary; holders of public vessel licenses pursuant to section

sixty-four of this article; police officers acting pursuant to assigned

duties; peace officers acting pursuant to assigned duties; lifeguards

acting pursuant to assigned duties; fire and rescue personnel acting

pursuant to assigned duties; and persons licensed to operate vessels by

the United States coast guard or the Canadian coast guard. The

commissioner by rule and regulation may provide for the exemption of

additional persons not listed in this paragraph from the requirements of

this section.

2. The failure of a person specified in subdivision one or one-a of

this section, to exhibit a boating safety certificate upon demand to any

magistrate, peace officer, acting pursuant to his or her special duties,

police officer, inspector of the state office of parks, recreation and

historic preservation, traveling navigation inspector or other officer

having authority to enforce the provisions of this chapter, shall be

presumptive evidence that such person is not the holder of such

certificate.

3. No person who is the owner of a mechanically propelled vessel shall

knowingly authorize or permit the operation thereof on the navigable

waters of the state or any tidewaters bordering on or lying within the

boundaries of Nassau and Suffolk counties, unless:

a. the operator is born on or before April thirtieth, nineteen hundred

ninety-six; or,

b. the operator is born on or after May first, nineteen hundred

ninety-six, is at least ten years of age and is the holder of a boating

safety certificate issued to him or her by the commissioner, the United

States Power Squadrons, the United States coast guard auxiliary, or the

United States sailing association for a powerboating course or courses

which are approved by the commissioner, or

c. the operator is younger than eighteen years of age, and is

accompanied on the mechanically propelled vessel by at least one person

eighteen years of age or older and is:

(i) the holder of a boating safety certificate issued to him or her by

the commissioner, the United States Power Squadrons, the United States

coast guard auxiliary, or the United States sailing association for a

powerboating course or courses which are approved by the commissioner,

or

(ii) not required by subdivision one of this section to hold a boating

safety certificate in order to operate a mechanically propelled vessel;

or

d. the operator is eighteen years of age or older, is a person

required by subdivision one of this section to hold a boating safety

certificate in order to operate a mechanically propelled vessel, and is

accompanied by a person who is at least eighteen years of age and is the

holder of a boating safety certificate.

e. The provisions of this subdivision shall supersede all local laws

or ordinances relating to requirements for boating safety certificates

to operate a mechanically propelled vessel.

4. Whenever any police officer or peace officer authorized to enforce

the provisions of this chapter having reasonable cause to believe that a

person is operating a vessel in violation of section forty-nine-a of

this article, or any other provision of this article for which a

suspension may be imposed, such officer may demand of such person his or

her name, address and an explanation of his or her conduct.

5. The provisions of subdivisions one, one-a and two of this section

shall not apply while the operator is actually preparing for or

competing in a regatta or boat race authorized under section thirty-four

of this chapter or for which a marine event permit has been issued by

the United States coast guard.

6. No person operating a vessel upon the navigable waters of the state

or on the tidewaters bordering on and lying within the boundaries of

Nassau or Suffolk county shall fail or refuse to comply with any lawful

order or direction of any police officer or peace officer acting

pursuant to his or her special duties. Failure or refusal to comply with

such lawful order or direction shall be a violation punishable as

provided for in subdivision seven of this section.

7. A violation of subdivision one, one-a, two or six of this section

shall constitute a violation punishable as set forth in section

seventy-three-c of this article.