N.Y. Navigation Law § 61: Repairs and modifications

§ 61. Repairs and modifications. 1. Before any repair or modification

is made to the structure or engineering plant of a public vessel, or any

repair or modification is made that may affect the stability,

seaworthiness or safe operation of a public vessel, or in the event that

the owner of a public vessel becomes aware of any such repair or

modification, the owner shall notify the inspector of the repair or

modification or proposed repair or modification in writing. The

inspector shall be authorized to determine whether a proposed repair or

modification may be made, whether inspection of the vessel shall be

required before any proposed repair or modification is made, or whether

inspection should be made after repair or modification. The inspector

shall also be authorized to determine whether the vessel may be operated

pending inspection, or whether the vessel may only be operated after

inspection, or whether it may not be operated. The inspector may impose

conditions on any such repair or modification, inspection and operation

taking into consideration the nature of the proposed or existing repair

or modification, the condition of the vessel and any other factors the

inspector deems relevant to the stability, seaworthiness and safe

operation of such vessel. The owner shall comply with the determination

of the inspector.

2. An owner who fails to give notification as required by this

section, or who modifies or permits the repair or modification of a

public vessel in contravention of the requirements of this section,

shall be guilty of a violation punishable as set forth in section

seventy-three-c of this article.

3. A public vessel which the inspector has directed to be inspected

prior to operation pursuant to the provisions of this section shall not

be operated upon the navigable waters of the state if such vessel has

not been inspected. A public vessel which the inspector has directed not

to be operated pursuant to the provisions of this section shall not be

operated upon the navigable waters of the state. An owner who permits

the operation of a public vessel in contravention of this section shall

be guilty of a misdemeanor punishable as set forth in seventy-three-b of

this article, and the certificate of inspection of said public vessel

may, in the discretion of the inspector, be suspended until such time as

the inspector determines that said vessel is stable, seaworthy and safe.