BILL NUMBER: S9241
SPONSOR: SERRANO
 
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.

Statutes affected:
S9241: 13 navigation law