Provides that the inspector shall at least annually inspect any vessel operated on privately or publicly owned underground non-navigable waterways with no navigable inlet or outlet that carry passengers for compensation; makes technical corrections; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10399
SPONSOR: Rules (O'Donnell) TITLE OF BILL:
An act to amend the navigation law, in relation to duty to inspect
vessels operated on non-navigable underground waters
PURPOSE:
The purpose of this bill is to increase public safety in the operation
of vessels that carry passengers by applying provisions of the Naviga-
tion Law to vessels operated in underground non-navigable waterways with
no navigable inlet or outlet (aka "caves"); allowing the suspension of
an issued certificate of inspection if operation poses an imminent
threat to public safety; and establishing a penalty for operating with-
out a current certificate of inspection.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Navigation Law § 13 to include within the
duties of an inspector the duty to inspect vessels carrying passengers
for compensation, either received directly or where provided as an
accommodation, advantage, facility or privilege at any place of public
accommodation, resort or amusement which are operated on privately or
publicly owned underground non-navigable waterways with no navigable
inlet or outlet. Inspectors would also be authorized to apply germane
provisions pertaining to Public Vessels to these vessels. The bill would
also make other technical updates to Navigation Law § 13 emphasizing
inspectors in effectuating their duties to inspect should be governed by
the general rules and regulations of the United States Coast Guard in
all regards if practicable.
Section 2 of the bill adds Section 49-d to the Navigation Law applying
the following sections to vessels carrying passengers for compensation,
either received directly or where provided as an accommodation, advan-
tage, facility or privilege at any place of public accommodation, resort
or amusement which are operated on privately or publicly owned under-
ground non-navigable waterways with no navigable inlet or outlet:
Section 47 - duty to report accidents to law enforcement;
Section 47-b - duty to report accidents to Commissioner of OPRHP;
Section 48 - Negligence in use or operation of vessel attributable to
owner;
Section 49-a - Operation of a vessel while under the influence of alco-
hol or drugs;
Section 49-b- Operating a vessel after having consumed alcohol under the
age of twenty-one
Section 3 of the bill adds Section 63-a to allow inspectors to suspend a
certificate of inspection if operation of a vessel poses an imminent
threat to public safety and subjects an owner who operates without a
certificate of inspection or during a time of suspension to a misdemea-
nor offense.
Section 4 of the bill contains the effective date.
JUSTIFICATION:
From late April to mid-July each year marine inspectors of the Office of
Parks, Recreation and Historic Preservation, 5 in total, inspect approx-
imately 300 public vessels. Marine inspectors are only authorized to
inspect vessels that carry passengers for compensation when operating on
the navigable waters of the State and are not authorized to inspect
vessels which carry passengers for compensation on underground non-na-
vigable waterways with no navigable inlet or outlet, otherwise referred
to as "caves."
Vessels which operate in caves should be inspected for seaworthiness,
safe egresses, fire safety, have passenger capacity set and carry rele-
vant safety equipment for their operations. At the same time, other
provisions applicable to Public Vessels which operate on navigable
waters may not be applicable to vessels which operate in caves.
This bill addresses the need for only applicable sections of the Naviga-
tion Law to apply to operations of vessels in caves. The tragic incident
in the privately-run commercial Lockport Caves, where one passenger lost
their life and several others were injured, is a reminder of the need to
close this loophole and allow for additional safety regulation.
This bill would also make owners ultimately responsible for the negli-
gent operation of their vessel and penalizes owners for operating with-
out a current certificate of inspection.
It should be noted this bill does not include the requirement for opera-
tors of vessels carrying passengers operating in caves to hold a boating
safety certificate or be licensed like operators of Public Vessels oper-
ating on navigable waters. Operation in non-navigable waterways do not
require knowledge of the navigable rules of the road (which vessel has
the right of way, etc.) which is the focus of boating safety education.
LEGISLATIVE HISTORY:
This is a new proposal.
BUDGET IMPLICATIONS:
None anticipated.
EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
10399
IN ASSEMBLY
May 21, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. O'Donnell,
Norris) -- (at request of the Governor) -- read once and referred to
the Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the navigation law, in relation to duty to inspect
vessels operated on non-navigable underground waters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13 of the navigation law, as amended by chapter
2 843 of the laws of 1980, is amended to read as follows:
3 § 13. Inspector; duties. The inspector shall annually, and at such
4 other times as [he] they shall deem it expedient, or as the commissioner
5 may direct, inspect every public vessel, except vessels which navigate
6 on waters over which the United States exercises active control. The
7 inspector shall also annually, and at such other times the inspector
8 deems expedient or as the commissioner may direct, inspect any vessel
9 operated on privately or publicly owned underground non-navigable water-
10 ways with no navigable inlet or outlet that carry passengers for compen-
11 sation, either received directly or where provided as an accommodation,
12 advantage, facility or privilege at any place of public accommodation,
13 resort or amusement. The inspector shall carefully examine the hull, the
14 propelling and auxiliary machinery, the electrical apparatus and the
15 vessel's equipment. [He] They shall require such changes, repairs and
16 improvements to be made as [he may deem] deemed expedient for the
17 contemplated route. No vessel, or propelling machinery thereof shall be
18 allowed to be used if constructed in whole, or in part, of defective
19 material, or which because of its form, design, workmanship, age, use or
20 for any other reason is unsafe. [He] The inspector shall also fix the
21 number of passengers that may be transported. The inspector shall
22 require that the boilers, on all public vessels which are propelled by
23 steam engines, be inspected and approved for safety of operations by
24 inspectors of the New York State Department of Labor, Bureau of Boilers.
25 Every boiler and appurtenances thereof shall be constructed, maintained
26 and operated in accordance with the Department of Labor rules and regu-
27 lations pertaining to boilers. The inspector shall also, whenever [he
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12026-01-4
A. 10399 2
1 deems] they deem it expedient, visit any vessel licensed under this
2 chapter and examine into [her] its condition for the purpose of ascer-
3 taining whether or not any party thereon, having a certificate, or
4 license, from the inspector, has conformed to and obeyed the conditions
5 of such certificate, and the provisions of this chapter. The owner,
6 master, pilot, engineer or joint pilot and engineer of such vessel,
7 shall answer all reasonable questions and give all the information in
8 [his or] their power in regard to said vessel, or its machinery or
9 equipment and the manner of managing the same. The inspector provided
10 for in this chapter is authorized to make further rules and regulations
11 applying generally to all vessels, or especially to one or more of them.
12 [In framing rules for the government of managers and employees on
13 vessels, the] The inspector shall, as far as practicable, be governed by
14 the general rules and regulations prescribed by the United States coast
15 guard. [The inspector shall have the power to issue a uniform naviga-
16 tion summons and/or complaint for violations of the provisions of arti-
17 cle four of this chapter which are applicable to vessels.] To the extent
18 applicable as determined by the inspector exercising their duties under
19 this section, part two of article four of this chapter shall apply to
20 vessels operated on privately or publicly owned underground non-naviga-
21 ble waterways with no navigable inlet or outlet that carry passengers
22 for compensation, either received directly or where provided as an
23 accommodation, advantage, facility or privilege at any place of public
24 accommodation, resort or amusement.
25 § 2. The navigation law is amended by adding a new section 49-d to
26 read as follows:
27 § 49-d. Application. Sections forty-seven, forty-seven-b, forty-eight,
28 forty-nine-a and forty-nine-b of this chapter shall apply to any vessel
29 operated on privately or publicly owned underground non-navigable water-
30 ways with no navigable inlet or outlet that carry passengers for compen-
31 sation, either received directly or where provided as an accommodation,
32 advantage, facility or privilege at any place of public accommodation,
33 resort or amusement.
34 § 3. The navigation law is amended by adding a new section 63-a to
35 read as follows:
36 § 63-a. Suspension of certificate of inspection; penalty for operating
37 a vessel without a certificate of inspection or during suspension. The
38 inspector may suspend a certificate of inspection issued pursuant to the
39 provisions of this article upon satisfactory proof that operation of the
40 vessel poses a risk to public safety. Prior to suspending the certif-
41 icate of inspection, the inspector shall give written notice of the
42 defects to the owner and describe how those defects pose a risk to
43 public safety. The inspector may suspend the certificate of inspection
44 until such time as the inspector is satisfied that operation of the
45 vessel does not pose a risk to public safety. An owner who permits the
46 operation of a vessel which has not been issued a certificate of
47 inspection or whose certificate of inspection has been suspended shall
48 be guilty of a misdemeanor punishable as set forth in section seventy-
49 three-b of this article for each day of operation of the vessel with a
50 suspended certificate of inspection.
51 § 4. This act shall take effect on the ninetieth day after it shall
52 have become a law.
