Chances are if you are reading this either you, or a friend or loved one is going to be taking advantage of the beautiful weather New York has from spring to fall. If you’re lucky enough to spend some of that time on a boat in one of the many waterways in New York, you should be aware of some important information, laws, and new laws regarding boating in New York.
BOATING AND ALCOHOL
Operating a boat while intoxicated is a crime in New York. Pursuant to New York State Navigation Law §49-A, if a person is found to be operating a boat with a blood alcohol level of 0.08 or higher, he/she may be charged with a misdemeanor, subject to imprisonment, fines, and the suspension of operator privileges.
Drinking alcohol on open water can quickly impair one’s balance, coordination, and judgment. Boats rock, sway, and have very little protection from the elements. Coupled with the heat from the sun, and glare from the water, people on boats become tired much more quickly. Consuming alcohol can affect inner ear balance too, making it impossible for a person who falls into the water to distinguish up from down. Alcohol also creates a false sense of warming, which may prevent a person in cold water from getting out before hypothermia sets in.
Studies have shown the use of alcohol is responsible for about a third of all recreational boating fatalities. This high number is not just the result of operating a boat while intoxicated but even simply being on a boat while intoxicated, which is not a crime.
It is very important to make sure your boat is properly equipped with enough life jackets to support each person on board, at least one fire extinguisher for a boat less than 26 feet in length, and visual distress equipment such as hand flares. Not only will this equipment keep you safe, but it is all required by law.
BOATING SAFETY CERTIFICATION REQUIREMENT
Every individual regardless of age must have a New York State approved boater safety certificate. Known as Brianna’s Law, Navigation Law section 49 has now expanded to include all individuals regardless of age and was effective as of January 1, 2025.
This law was put in place to ensure that all boaters have the necessary education to navigate their motorized watercraft safely. This law includes Jet Skis and Wave Runners. To get certified, one may take an online or in-person course which takes approximately 5 to 6 hours. If you are stopped without the boater safety certificate, you may be subject to fines up to $250, imprisonment for up to 7 days and repeat offenders may be subject to higher fines.
WHO MAY OPERATE A BOAT
Pursuant to section 49(1-a) (a) of NYS Navigation Law, you must be 14 years or older and have your boater’s safety certificate to operate any personal watercraft in NYS. With a motorboat however, you must be 10 years of age and possess your boater’s safety certificate. If your child is caught operating on a watercraft underage and/or without a boater’s safety certificate, a fine will be administered reaching up to $250 for first time offenders.
REQUIRED SAFETY EQUIPMENT
Pursuant to section 40 of the NYS Navigation Law, the operator of a watercraft must possess Coast Guard approved Life Jackets, Fire extinguishers with labels matching the boats’ required size, navigational lights, and other specific equipment depending upon the type of watercraft on their vessel. Violations that apply to your watercraft will lead to fines varying from $100 to $250.
BOATING ACCIDENTS
In New York State, if you are involved in an accident that leads to an injury requiring treatment beyond basic first aid, as well as the death or the disappearance of a person or damage to any one party in excess of $1,000, it must be reported to NYS Parks within 5 days via an Accident report form. Failure to follow this law will result in a violation leading to fines as high as $100.
SPECIFICS AS TO AQUATIC INVASIVE SPECIES
Bodies of water such as Lake George, Saratoga Lake, the Hudson and Mohawk River all carry invasive species which can have detrimental effects if introduced into new bodies of water. In the last few years, New York State has passed laws that require all boaters operating any kind of motorized vessel in the Adirondack Park and within 10 miles of the Blue Line to have a certification completed anytime they enter a body of water within the Adirondack Park. These certifications can be filled out on your own and printed or can be done on site by a boat steward. If the boat passes this inspection, it is okay to launch. If your boat does not pass inspection and you choose to launch, you risk a fine of $150 if caught and up to $1,000 for subsequent offenses. The NYS Department of Environmental Conservation includes many helpful tools for this on their website including a map of where you can have your boat cleaned if you’re worried you won’t meet the state set standards of Clean.Drain.Dry.
For more information on these matters, we encourage you to check out the NYS Department of Environmental Conservation website for clarity regarding these regulations.
If you or anyone you know is accused of a crime, don’t waste time, call 844-Accused.
