RECKLESS OPERATION, NEGLIGENT, OR GROSS NEGLIGENT OPERATION

The boat operator is responsible for any action that has the potential of endangering life, limb or property. These actions may be deemed reckless, whether intentional or not.

Reckless operation of a vessel; speed

Every master or operator of a vessel must at all times navigate 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 NYS and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or unreasonably endanger any vessel or person.

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.

100-foot, 5 MPH Speed Rule

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 or such vessel is required to run at full throttle through an established course to measure the vessel`s decibel level.

Any person operating a vessel recklessly shall be guilty of a misdemeanor and the court may suspend a person`s privilege to operate a vessel for a period of three months upon conviction for reckless operation of a vessel.

A person convicted of reckless operation may be required to complete a boating safety course designated by the state, and show proof of successful completion of such course to the court or its designee.

Termination of unsafe operation

A police officer or peace officer, who has reasonable cause to believe that a vessel, including a rowboat, kayak, or canoe, is being operated in a imminently hazardous condition, may direct the master or operator of such vessel to cease operating upon such waters, and to proceed immediately to dock the vessel at the nearest available safe anchorage, dock or mooring until such hazardous condition is remediated or corrected.