Beginning November 1, 2009, Section 40, Subdivision 1 of the Navigation Law shall be amended by adding new paragraph (e), which reads as follows:
No owner or operator of a pleasure vessel less than twenty-one feet, including rowboats, canoes, and kayaks shall permit its operation, between November first and May first, unless each person on board such vessel is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when such vessel is underway.
Failure to wear a lifejacket on such vessels will be considered a violation under Section 73-c if the Navigation Law and is punishable by a fine of not less than $25 nor more than $100, applicable to either the operator and/or the owner of the vessel.
Under the law, each boat passenger must wear a securely fastened, United States Coast Guard-approved personal flotation device of the appropriate size while the boat is under way that is, while the vessel is not at anchor, or made fast to the shore, or aground. Boaters are subject to the law while on any lakes, rivers, streams and waters within the state that are not privately owned. Violation of the law could result in a fine of $25 to $100. Commercial boats and racing crew shells of organized rowing teams are not subject to the law.
In addition to the new requirement, PFDs must be worn year-round by all children under 12 years of age on any boat less than 65 feet in length, unless within a fully enclosed cabin; by anyone towed, such as water-skiers or wake-boarders; and while on board a personal watercraft. Otherwise, a PFD must be available for every passenger on board every vessel, including no-motorized watercraft such as canoes, kayaks and rowboats.



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