Boating safety classes in New York City will soon be mandatory for everyone

This is the fourth and final year of the gradual culmination of Brianna’s Law, requiring all recreational boaters to take a safety course.

Anyone born on or after January 1, 1978 must complete and pass an approved state boating safety course to operate a powerboat in New York this year. By January 1, 2025, people of all ages must complete a safety class. Failure to comply may result in a fine ranging from $100 to $250 for a first offense.

Brianna’s Law went into effect on January 1, 2020. It was named in honor of 11-year-old Brianna Lieneck, who was from downstate Deer Park and died in a boating accident in 2005.

It is not easy to impose the obligation on all sailors to pass a safety class. According to the state Office of Parks, Recreation and Historic Preservation (OPRHP) website, 438,974 vessels were registered in 2022, including 436,565 for recreational purposes. That same year, the state recorded 28 fatalities, an increase of 10 deaths from the previous year. However, the number of accidents (187) and injuries (66) in 2022 decreased compared to the previous year.

Please note that people using paddleboards such as kayaks, kayaks and paddleboards do not need to take a mandatory safety course, but it is still a good idea to get an education. Ten fatalities in 2022 involved rowers.

“The bill was written with recreational boaters in mind,” said Rosaria DiSanto, education specialist at OPRHP.

DiSanto noted that both on-site and online courses are available on the website at parks.ny.gov/recreation/boating/education.aspx. Only those with a citation on the state parks website will be eligible for a permanent boating safety certificate.

Fees may apply to participate in the course. Students must be at least 10 years old. The full-time course includes at least eight hours of classes. All students 18 years of age or older will be required to pay the state $10 for a permanent boating safety certificate. There is a $10 fee to replace a lost certificate. It can also be added to your driving license for an additional fee.

One of the approved courses you can take online for free is the nonprofit BoatUS Foundation for Boating Safety and Clean Water, a sister organization of the Boat Owners Association of the United States (BoatUS), the nation’s largest advocacy, service and safety for American recreational boaters. The course can be found at boatus.org/newyork/.

“These courses are also a good refresher for long-time sailors,” said Ted Sensenbrenner, the foundation’s director of development. “It will keep you updated on new regulations that have recently come into force and remind you of the rules on the water regarding navigation.”

According to Sensenbrenner:

• On April 1, 2021, a law was passed requiring the use of a rudder lanyard, outboard lanyard or ECOS on certain vessels less than 26 feet in length when traveling by air or at a speed in excess of their displacement.
• From April 20, 2022, new regulations regarding fire extinguishers apply. They must be replaced after 12 years from the date of production. Vessels less than 26 feet in length and of model year 2017 or older may continue to carry older, obsolete or undated BI or B-II disposable fire extinguishers. However, if they are no longer suitable for use or have reached the age of 12 years from the date of manufacture, they should be replaced with newer Class 5-B or higher fire extinguishers. Boats less than 26 feet in length and model year 2018 or newer must be equipped with expired 5-B, 10-B or 20-B fire extinguishers. Having types BI and B-II does not meet the new transport requirements.

There are several exceptions listed by DiSanto to the requirement to take a safety course. One is that you are an active U.S. Coast Guard or Canadian Coast Guard charter captain for the life of your license. However, you must have your credentials with you on your ship. Other exceptions apply to individuals working in the United States Coast Guard Auxiliary, safe boating instructors (in lieu of a safe boating certificate), or first responders while performing their duties.

Another exception is boat rental. However, not all rents are created equal. The rental must be in the boat’s colors and the person has a safety certificate. Colored personnel must provide basic instructions and safety information before leaving the dock. Rentals must be no longer than 30 days and no online rentals are eligible. If a boat is part of your home rental package, this does not exempt you from the requirement to boat safely.

According to DiSanto, there are more than 500 certified instructors across the state. There are volunteer instructors and there are for-profit instructors. For-profit instructors will continue to receive all materials through the state at no cost. To apply to become an instructor, go to the state parks website.

The U.S. Coast Guard Auxiliary, U.S. Power Squadron, and U.S. Powerboating offer approved courses and have their own certifications that qualify for state park requirements. The website also provides a list of approved online courses.

Boater safety certificates can be used in New York from all states if approved by the National Association of Boating Law Administrators, but not everyone is required to take a boating safety course in their state. If you do not have a boat safety certificate from your state and would like to come to New York, you must have one before you can operate a motorboat on New York waters.

When it comes to personal watercraft such as jet skis, they are considered motorized vessels in New York and special regulations apply.

All operators, regardless of age, must have a water safety certificate. It is illegal to operate a jet ski at night and the minimum age to operate a jet ski is 14 years old. Some municipalities prohibit the use of these jet skis and some may have restrictions on use, so be aware of the rules. Operators must always wear a USCG-approved personal flotation device that is appropriately sized and in good condition.

General information about boating safety ratings can be obtained by emailing [email protected] or calling 518-474-0445. The boating section of the state parks website is parks.ny.gov/boating/.

“If you take a boating safety course, you are less likely to experience a boating accident or fatality,” said Scott Croft, vice president of public affairs at BoatUS.