OPERATOR AGE
NYS requires powerboat operators (including PWC) to be a minimum age. In NYS, there are no age requirements to operate a non-powered boat such as a small sailing vessel, canoe, kayak or rowboat.
No person under the age of eighteen years may operate a mechanically propelled vessel on the navigable waters of NYS or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, unless:
- the operator is accompanied (under the direct supervision) by a person who is eighteen years of age or older, or,
- the operator is ten years of age or older and is the holder of a boating safety certificate.
PWC Education, Age and Operation
As of January 1, 2006, all PWC operators must be 14 years of age or older and must successfully complete a boating safety education course to operate a PWC in the State of New York.
Until January 1, 2009 those operators age ten (10) through thirteen (13) that have a boating safety certificate may continue to operate a PWC if they are accompanied by someone over 18 years of age who is the holder of, an authorized boating safety certificate of their own. Accompanied for this section of law shall mean the adult must be within 500 feet, on another PWC or vessel, and within sight of the PWC.
The following individuals are exempt from the PWC education requirements:
- U.S. and Canadian licensed commercial vessel operators
- NYS certified instructors
- Certified instructors of the USCG Auxiliary and the US PowerSquadrons
- Police/peace officers
- Fire/rescue personnel, and
- Lifeguards acting pursuant to their assigned duties
EDUCATION REQUIREMENTS
Boating education enhances the knowledge of boat operators and is a fundamental component of knowing how to safely, and legally, operate your boat. Over half of the States require proof of passing a boater education safety course in order to legally operate a powerboat or PWC. Even if not required by law, taking a safe boating course will help make your boating experience much more enjoyable, and you may even receive a premium discount on your boat insurance rates.
The provisions of the education law do not apply while the operator is actually preparing for or competing in an authorized regatta for which the United States Coast Guard has issued a marine event permit.
NYS Educational Program
In order to protect the public interest in the prudent and equitable use of the waters of the state and enhance the enjoyment of pleasure boating and other sports thereon, the commissioner shall initiate and put into effect a comprehensive educational program designed to advance boating safety including the training of youthful boat operators and an adult education program for the safe operation of vessels including personal watercraft and specialty prop-craft.
Boating Safety Certificate
"Boating safety certificate" shall mean a certificate issued by the commissioner evidencing that the holder thereof has successfully completed a course of instruction in boating safety. Acceptable certificates are those issued by NYS, the US Coast Guard Auxiliary, and the US Power Squadron.
Whenever any police officer or peace officer has reasonable cause to believe that a person is operating a vessel without a boating safety certificate, the officer may demand of the person his or her name, address and an explanation of his or her conduct. The failure of a person to exhibit a boating safety certificate to a law enforcement officer is presumptive evidence that such person is not the holder of such certificate.
|
