New York State Law
Navigation Law
Consolidated Laws of New York's NAV code
Laws of New York
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NYS Navigation Law - NAV
RECKLESS OPERATION OF A VESSEL, SPEED
| Section | Description |
|---|---|
| 45 | Reckless operation of a vessel; speed. |
| 45-A | Beaching a disabled water craft. |
| 45-AA | Special provisions relating to reckless operation and speed on Canandaigua lake; Keuka lake. |
| 45-AAA | Special provisions relating to speed on Irondequoit bay. |
| 45-AAAA | Special provisions relating to reckless operation and speed on Greenwood Lake. |
| 45-AAAA*2 | Special provisions relating to speed on Sodus Bay. |
| 45-AAAAA | Special provisions relating to reckless operation and speed on Lake Alice. |
| 45-AAAAAA | Special provisions relating to noise and speed on Lamoka Lake and Waneta Lake. |
| 45-AAAAAA*2 | Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes. |
| 45-B | Regulation of beaches. |
| 45-C | Special provisions relating to reckless operation and speed on Conesus lake. |
| 45-CC | Reckless operation and speed on the canal system. |
| 45-D | Special provisions relating to speed at Cooke's Point in Great Kills Harbor. |
S 45. Reckless operation of a vessel; speed. 1. (a) Every master or operator of a vessel shall at all times navigate the same 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 the state and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or unreasonably endanger any vessel or person. Reckless operation is prohibited. Any person operating a vessel in violation of this subdivision shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article. (b) 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. 1-a. No vessel other than the tending vessel shall be operated within one hundred feet of a red flag with a diagonal white bar which, when displayed on the water or from a boat, indicates underwater diving, or a designated course for racing shells but no such flag shall be placed so as to deny access or use of any boathouse, wharf, harbor, bay, channel or navigable waterway. 2. Except as provided in section forty-five-cc of this part, 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. 3. The provisions of this section shall not apply to a vessel while actually competing in a regatta or boat race authorized under section thirty-four of this chapter. 4. The provisions of subdivision two above shall not apply to commercial vessels having a valid marine document issued by the United States or a foreign government. 5. The violation of any of the provisions of this section other than paragraph (a) of subdivision one of this section shall constitute a violation punishable as set forth in section seventy-three-c of this article. 7. (a) The court may suspend a person's privilege to operate a vessel for a period of at least three but less than twelve months upon conviction for reckless operation of a vessel pursuant to any applicable provision of this article. In determining the length of such suspension, the court may take into consideration the seriousness of the offense and may impose a period of suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season. (b) The court shall suspend a person's privilege to operate and may suspend a vessel registration: (1) for a period of at least six but less than twelve months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been convicted of any such offense within the preceding eighteen months. In determining the length of such suspension or suspensions, the court may take into consideration the seriousness of the offense and may impose a period of suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season; (2) for a period of at least six but less than twelve months upon a third or subsequent conviction for any violation of any law, ordinance or regulation limiting the speed of a vessel or any provision constituted a misdemeanor by this article except for the commission of a third or subsequent misdemeanor as set forth in subparagraph three of this paragraph. In determining the length of such suspension or suspensions, the court may take into consideration the seriousness of the offense and may impose a period of suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season; (3) for a period of twelve months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been twice convicted of any such offense within the preceding eighteen months. (c) When a person is convicted pursuant to this article the court may, in any case before the court, and shall when the convicted person is subject to a suspension pursuant to this subdivision, in addition to any other penalties invoked under this article, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, U.S. Power Squadrons, or U.S. Coast Guard Auxiliary and show proof of successful completion of such course to the court or its designee. S 45-a. Beaching a disabled water craft. Except in an emergency, it shall not be lawful to intentionally beach or abandon any vessel, ship, boat or other water craft on underwater lands of navigable waters of the state surrounding Richmond county, without the permission of the owners or lessees of the uplands abutting such underwater lands. Any violation of this section shall be a misdemeanor punishable as set forth in section seventy-three-b of this article. S 45-aa. Special provisions relating to reckless operation and speed on Canandaigua lake; Keuka lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on Canandaigua lake, which is bordered by Ontario and Yates counties, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any pleasure vessel be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 1-a. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every vessel operated on Keuka Lake, which is bordered by Steuben and Yates counties, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any vessel be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 2. No vessel shall be operated within two hundred feet of the shore, a dock, pier, raft or 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. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 3. The provisions of this section shall not apply to any pleasure vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association between nine o'clock in the morning and sunset, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of this section have been complied with. 4. Nothing in this section shall be construed as prohibiting any city, town or village from continuing, adopting or enacting any other local laws relating to persons operating a pleasure vessel within its limits, but no such municipality shall have the power to make less restrictive any of such provisions. S 45-aaa. Special provisions relating to speed on Irondequoit bay. 1. No vessel shall be operated on Irondequoit bay, which is located within Monroe county, at a speed exceeding twenty-five miles per hour unless such vessel is being operated for the purpose of enabling a person engaged in water skiing or other water sport to be towed, in which case no such vessel shall be operated at a speed exceeding thirty-five miles per hour. 2. No vessel shall be operated in the channel between Irondequoit Bay and Lake Ontario or within three hundred feet of the shore, the channel, a dock, pier, raft or float or an anchored or moored vessel in a manner or at a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel but in no event at a speed exceeding five miles per hour, unless for the purpose of enabling a person engaged in water skiing to take off or land. 3. The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of this section have been complied with. 4. Any person who operates a vessel in violation of any of the provisions of this section shall be guilty of a violation punishable as set forth in section seventy-three-c of this article. 5. Nothing in this section shall be construed as prohibiting any town or county from continuing, adopting or enacting any other local laws, resolutions or ordinances related to persons operating a vessel within its limits, but no such municipality shall have the power to make less restrictive any of such provisions. * S 45-aaaa. Special provisions relating to reckless operation and speed on Greenwood Lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on Greenwood Lake within Orange county, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any pleasure vessel be operated at a speed exceeding fifteen miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 2. No vessel shall be operated within two hundred feet of the shore, a dock, pier, raft or 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. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 3. The provisions of this section shall not apply to any pleasure vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association between nine o'clock in the morning and sunset, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of this section have been complied with. * NB There are 2 S 45-aaaa's * S 45-aaaa. Special provisions relating to speed on Sodus Bay. 1. No vessel shall be operated within that area of the Sodus Bay Channel and Sodus Bay bounded and described as follows: Beginning at the Sodus outer light at the north-westerly most point of the west breakwall of the Sodus Bay Channel and running thence southerly to the south-west corner of such breakwall; thence running south-westerly along the shoreline of Sodus Point; thence south-easterly along the shoreline of Sand Point to the easterly most point on said Sand Point, said point being more specifically defined as latitude 431558, longitude 765814; thence northerly across Sodus Bay to a point on the east breakwall, said point more specifically being defined as latitude 43 16'4", longitude 76 58'3"; thence westerly along said breakwall to the south-west corner and then northerly along the east pier to the east pier light on the Sodus Bay Channel; thence north-westerly to the point in place of beginning in a manner or at a speed that causes a wake that unreasonably interferes with or endangers a dock, pier, raft, float, anchored or moored vessel or swimmer but in no event at a speed exceeding five miles per hour. 2. For the purpose of complying with the provisions of this section, the sheriff of the county of Wayne is directed to place buoy markers on that portion of Sodus Bay between the easterly most point of Sand Point and the point on east breakwall which is the termination of the zone established above for the purpose of advising users of the bay of the existence of the limited speed zone established herein. 3. Any person who operates a vessel in violation of any of the provisions of this section shall be guilty of a violation punishable as set forth in section seventy-three-c of this article. 4. Nothing in this section shall be construed as prohibiting any town or county from adopting or enacting any local laws, resolutions or ordinances related to persons operating a vessel within its limits, but no such municipality shall have the power to make less restrictive any of such provisions. * NB There are 2 S 45-aaaa's S 45-aaaaa. Special provisions relating to reckless operation and speed on Lake Alice. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on Lake Alice within Orleans county, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person; a violation of this paragraph is a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding thirty-five miles per hour; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 2. No vessel shall be operated within one hundred feet of the shore, a dock, pier, raft or 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. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 3. The provisions of this section shall not apply to any pleasure vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association between nine o'clock in the morning and sunset, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of such section thirty-four have been complied with. * S 45-aaaaaa. Special provisions relating to noise and speed on Lamoka Lake and Waneta Lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws, every pleasure vessel operated on Lamoka Lake, located in Schuyler county, or Waneta Lake, located in Schuyler and Steuben counties, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any vessel or person, and no vessel shall be operated at a speed exceeding forty-five miles per hour. No pleasure vessel operated on Lamoka Lake or Waneta Lake shall be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise. 2. No vessel shall be operated on Lamoka Lake or Waneta Lake within two hundred feet of the shore, a dock, pier, raft or float or an anchored or moored vessel in a manner or at such a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel but in no event at a speed exceeding five miles per hour, unless 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 pursuant to the directions of a law enforcement officer. 3. The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that due written notice of the date of the race has been given to the appropriate law enforcement agencies at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of this section have been complied with. The provisions of this section shall not apply to any Federal Aviation Agency licensed aircraft. 4. Any person who fails to comply with any of the provisions of this section shall be guilty of a violation punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offense; by a fine of not less than fifty dollars nor more than two hundred dollars for conviction of the second offense committed within a period of twenty-four months; by a fine of not less than one hundred dollars nor more than two hundred dollars for conviction of the third offense or any subsequent offense committed within a period of twenty-four months. * NB There are 2 S 45-aaaaaa's * S 45-aaaaaa. Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on the Fulton Chain of Lakes, consisting of Old Forge Pond and First through Eighth Lakes, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any pleasure vessel be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 2. Except for Sixth and Seventh Lakes, no vessel shall be operated on the Fulton Chain of Lakes within two hundred feet of the shore, a dock, pier, raft or float or an anchored or moored vessel in a manner or at such a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel but in no event at a speed exceeding five miles per hour, unless 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 pursuant to the directions of a law enforcement officer. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 3. Notwithstanding any other provision of this chapter or any inconsistent local laws, no person shall operate any pleasure vessel, upon the waters of the Fulton Chain of Lakes that exceeds the following noise levels: (a) for engines manufactured before September first, nineteen hundred eighty-nine, a noise level of eighty-six dbl.; (b) for engines manufactured on or after September first, nineteen hundred eighty-nine and before September first, nineteen hundred ninety-one, a noise level of eighty-four dbl.; (c) and for engines manufactured after September first, nineteen hundred ninety-one, a noise level of eighty-two dbl. All decibel levels are to be measured on a decibel meter gauged to an A-weighted scale. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 4. Any law enforcement officer from the state of New York, Herkimer or Hamilton county, or any political subdivision of those counties, may direct the operator of any pleasure vessel reasonably believed to be exceeding the allowable noise levels on the Fulton Chain of Lakes to an area established by the officer for measuring vessel noise levels. At that area the vessel shall be operated at full throttle through a straight course not to exceed one hundred yards. Decibel measurements shall be measured at a distance of at least fifty feet from the pleasure vessel being tested while such vessel is at full throttle. 5. The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that due written notice of the date of the race has been given to the appropriate law enforcement agencies at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of such section have been complied with. The provisions of this section shall not apply to any Federal Aviation Agency licensed aircraft. * NB There are 2 S 45-aaaaaa's S 45-b. Regulation of beaches. Except when prohibited by reason of the laws of the United States, the board of trustees of a village may adopt, amend and enforce rules and regulations not inconsistent with law, with respect to regulating the use of beaches in or adjacent to the village and regulating swimming and bathing in open waters exposed to the public, including the use of underwater diving devices for swimming and fishing, within or bounding the village or such beaches to a distance of fifteen hundred feet from the shore, including any waters within or bordering a village in the county of Nassau or Suffolk, and requiring the owners or operators of any bathing beaches, bath houses or other places charging a fee to the public for the use of such facilities to provide adequate safeguards for the protection of the public in waters adjacent to such premises. The provisions of this section shall be controlling notwithstanding any contrary provisions of law. S 45-c. Special provisions relating to reckless operation and speed on Conesus lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on Conesus lake within the county of Livingston, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any pleasure vessel be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article. 2. No vessel shall be operated within two hundred feet of the shore, a dock, pier, raft or 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. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article. 3. The provisions of this section shall not apply to any pleasure vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association between nine o'clock in the morning and sunset, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of such section have been complied with. S 45-cc. Reckless operation and speed on the canal system. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws, every vessel operated on the canal system, as defined in subdivision one of section two of the canal law, shall be operated in a careful and prudent manner in such a way as not to unreasonably interfere with or endanger any other vessel or person. A violation of this subdivision or any applicable rules and regulations shall be a misdemeanor punishable as set forth in section seventy-three-b of this article. 2. Notwithstanding any other provisions of this chapter or any inconsistent local laws, no vessel shall be operated on such canal system 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, and except in those areas where the canal corporation has established a different speed by rule and regulation pursuant to the canal law. A violation of this subdivision or any applicable rules and regulations shall be a violation punishable as set forth in section seventy-three-c of this article. S 45-d. Special provisions relating to speed at Crooke's Point in Great Kills Harbor. 1. No vessel shall be operated in Great Kills Harbor extending beyond the Crooke's Point Jetty to the lighted buoy at the Harbor's entrance, within one hundred feet of the shore, a dock, pier, raft or float or an anchored or moored vessel in a manner or at a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel but in no event at a speed exceeding five miles per hour, unless for the purpose of enabling a person engaged in water skiing to take off or land. 2. The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that due written notice of the date of the race has been given to the appropriate law enforcement agency at least fifteen days prior to such race, pursuant to the provisions of section thirty-four of this chapter, and all provisions of this section have been complied with. 3. Any person who operates a vessel in violation of any of the provisions of this section shall be guilty of a violation punishable as set forth in section seventy-three-c of this article. 4. Nothing in this section shall be construed as prohibiting any town or county from continuing, adopting or enacting any other local laws, resolutions or ordinances related to persons operating a vessel within its limits, but no such municipality shall have the power to make less restrictive any of such provisions. Top of Page
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