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Archive for the ‘Boating Violations’ Category

Motorboat Registration Violations Page 63

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2251 - 2253 APPLIES TO MOTORBOATS, FINE FOUND AT 2256.2
2251.1Unregistered, no identification or no current validation stickerAs provided
in Penal Law
Maximum fine of $100
Violation
2251.6Failure to notify Commissioner of change of address within 10 daysAs provided
in Penal Law
Maximum fine of $100
Violation
2251.7Failure to notify Commissioner of change of ownershipAs provided
in Penal Law
Maximum fine of $100
Violation
2251.8Failure to notify Commissioner of loss,
destruction, theft or abandonment within 15 days
As provided
in Penal Law
Maximum fine of $100
Violation
2253.3Display of number other than registration numberAs provided
in Penal Law
Maximum fine of $100
Violation
2257.1Unregistered dealerAs provided
in Penal Law
Maximum fine of $100
Violation
2257.6Dealer - failure to produce recordsAs provided
in Penal Law
Maximum fine of $100
Violation
2257-b.1Yacht broker - failure to certifyAs provided
in Penal Law
Maximum fine of $100
Violation
2257-b.2Yacht broker - failure to produce recordsAs provided
in Penal Law
Maximum fine of $100
Violation

 

Boating Violations Page 68

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
32-cInterfering with navigationBOATING CHART AMisd.
32-dDumping or depositing of certain materials in Genesee Rivernot to exceed $100
not more than 30 days,
or both
33Deposit of refuse in navigable watersnot to exceed $100
not more than 1 yr,
or both
Misd. / 33-c.13(b)
33-c.2(a)Dumping or depositing sewage into waternot to exceed $100
not more than 60 days,
or both
33-c.2(b)Littering

If convicted more than twice in the same calendar year,
then violation is deemed a Misd. see 33-c.13(a) next page
not to exceed $250,
not more than 60 days,
or both

 

Boating Violations Page 69

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
33-c.3(a)Discharging untreated sewage from marine toiletnot to exceed $100
not more than 60 days, or both
Misd.
33-dSanitary facilities aboard crafts on Lake Champlain$250, 15 days or both
33-eMarine sanitation devices aboard vessels in vessel
waste no-discharge zone
fine not to exceed $500
subsequent violations
not to exceed $1,000
35Moor to navigational aid (buoy), damage,
alter location, or render ineffective
fine not to exceed $50
40.1(a)No wearable personal flotation device-
pleasure vessel, rowboat & canoe
$25 to $100
40.1(b)No type iv throwable personal flotation device-
pleasure on vessels sixteen feet or greater
$25 to $100
40.2No whistle$25 to $100
40.3No anchors$25 to $100
40.4No flame arrestor$25 to $100

 

Boating Violations Page 70

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
40.6No fire extinguisher$25 to $100
40.7No distress signals & flares$25 to $100
40.9 No bell$25 to $100
43.2(a)No lights - Classes A & 1$25 to $100
43.2(b)No lights - Classes 2 & 3$25 to $100
43.2(c)No lights - Class 4$25 to $100
43.2(d)No lights - Class 5$25 to $100
43.2(e)Lights, sail vessel, classes A & 1$25 to $100
44.2(a)Operating a pleasure vessel with a noise level
over 90dB(a) when subjected to a stationary sound level test
measured as prescribed by SAE J2005,
1st - not greater than $50 fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
44.2(b)Operating a pleasure vessel with a noise level
over 75dB(a) measured as prescribed by SAE J1970
1st - not greater than $50 fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250

 

Boating Violations Page 71

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
44.4Operating with an altered muffler or cutout...1st - not greater than $50
fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
44.5Removed, altered or modified muffler...1st - not greater than $50
fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
45.1(a)Reckless operation of a vesselBOATING CHART AMisd.
45.1(b)Operating at a speed greater than reasonable & prudent...BOATING CHART BViolation
45.1-aOperating within 100’ of a divers flagBOATING CHART BViolation
45.2Speed - exceeding 5 mph within 100’ of shore, dock...BOATING CHART BViolation
SPECIAL PROVISIONS RELATING TO RECKLESS OPERATION AND SPEED
45-aaCANANDAIGUA & KEUKA LAKES BORDERED BY ONTARIO AND YATES COUNTIES
45-aa.1(a)Pleasure vessel not operating in a careful
and prudent manner
BOATING CHART AMisd.
45-aa.1(b)Speed exceeding 45 mph (25 mph 1/2 hr
after sunset & 1/2 before sunrise)
BOATING CHART BViolation
45-aa.1-a(a)Not operating in a careful & prudent mannerBOATING CHART BViolation
45-aa.2Speed exceeding 5 mph within 200’ of shoreBOATING CHART BViolation

 

Boating Violations Page 72

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
45-aaaIRONDEQUOIT BAY
45-aaa.1Speed exceeding 25 mph within Monroe CountyBOATING CHART BViolation
45-aaa.2Causing unreasonable wake or exceeding 5 mph
within 200’ of shore
BOATING CHART BViolation
45-aaaa*GREENWOOD LAKE WITHIN ORANGE COUNTY
45-aaaa.1(a)Not operating in a careful and prudent mannerBOATING CHART AMisd.
45-aaaa.1(b)Speed exceeding 45 mph (15 mph / dusk-dawn)BOATING CHART BViolation
45-aaaa.2Exceeding 5 mph within 200’ of shoreBOATING CHART BViolation
45-aaaa*SODUS BAY - operating within prohibited areaBOATING CHART BViolation
* THERE ARE TWO SECTIONS 45-aaaa

 

Boating Violations Page 73

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
45-aaaaaLAKE ALICE WITHIN ORLEANS COUNTY
45-aaaaa.1(a)Not operating in a careful and prudent mannerBOATING CHART AMisd.
45-aaaaa.1(b)Speed exceeding 35 mphBOATING CHART BViolation
45-aaaaa.2Exceeding 5 mph within 200’ of shoreBOATING CHART BViolation
45-cc.1Reckless Operation on the Canal System (eff 1/1/04) BOATING CHART AMisd.
45-cc.2Speeding on the Canal System (eff 1/1/04)BOATING CHART BViolation
47.1(a)Leaving the scene of a property damage accidentBOATING CHART BViolation
47.2(a)Leaving the scene of a personal injury accident
where personal injury involved results in death
or serious physical injury (penal law sec.10)
1st conviction $250 - 500
Any subsequent
w/i preceding 5 years
$500 - 1,000
Class B Misd.

Class E Felony
49.1Operating a mechanically propelled vessel ....within the
boundaries of Nassau or Suffolk Counties under the age
of 18. see exceptions at 49.1a & b
BOATING CHART BViolation

 

Boating Violations Page 74

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
49.1-a.aOperating a personal watercraft or specialty prop-craft...
under age 18 without a safety certificate or accompanied
by a person over 18 who holds a safety certificate...
BOATING CHART BViolation
49.6Failed to comply with a lawful order of a police or
peace officer
BOATING CHART BViolation
49-a.2(a)Operating a vessel while ability impairedBOATING CHART C
49-a.2(b)Operating a vessel, other than a public vessel with
a B.A.C of .8 or greater (eff 11/1/03)
BOATING CHART DMisd.
49-a.2(c)Operating a Public Vessel with a B.A.C of .04 or greaterBOATING CHART DMisd.
49-a.2(d)Operating a vessel while in an intoxicated conditionBOATING CHART DMisd.
49-a.2(e)Operating a vessel while ability is impaired by drugsBOATING CHART DMisd.
49-a.4(a)Operating a vessel while privileges have been suspended$350-$750
not more than 90 days,
or both
Violation

 

Boating Violations Page 75

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
49-a.4(b)Operating a vessel while privileges have been suspended
while in violation of any 49-a.2 provision
$500-$5000
not more than 1 year, or both
Misd.
49-a.7(b)Refused to submit to a chemical test. Privilege to operate shall not be restored for 6 months.
For one year with a prior refusal within 5 years. If under 21, then for one year, or until 21.
See 49-a.7(d)(1)
Civil Penalty for 1st refusal to submit to a chemical test shall be $200 / $500 for second or subsequent within
5 years. Privilege to operate a vessel will not be restored unless such penalty has been paid.
49-b.1Operating a vessel after having consumed alcohol:
under age 21; per se .02-.07
Privilege to operate suspended for
6 months
2nd violation, 1 year or until 21, whichever is greater.

Civil penalty - $125.00 see 49-b.9(a & b) & 10(a)
see plea bargain limitations 49-b.8
49-b.3Refused to submit to a chemical test. Privilege to operate shall not be
restored for 1 year,
if such person has a prior finding,
conviction or Y.O. adj.
of 49-a or 49-b, then minimum of one year or
until 21 years of age, whichever is greater. 49-b.6(d)

 

Boating Violations Page 76

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
73.1Skiing with no observerBOATING CHART BViolation
73.2Skiing after sunsetBOATING CHART BViolation
73.3 Person being towed, no flotation device BOATING CHART BViolation
73.5Operating a vessel, while towing, in an unsafe mannerBOATING CHART BViolation
REGULATIONS OF PERSONAL WATERCRAFT AND SPECIALTY PROP CRAFT
73-a.1(a)Operating a personal watercraft.... without an offshore life-jacketBOATING CHART E
73-a.1(b)Personal watercraft without carb. backfire arrestorBOATING CHART E
73-a.1(c)Personal watercraft equipment violationsBOATING CHART E
73-a.1(d)Lanyard cut-off switch not attached to clothingBOATING CHART E
73-a.1(e)Operating personal watercraft between sunset & sunriseBOATING CHART E
73-a.1(f)Operating personal watercraft within 500’ of bathing area...BOATING CHART E
73-a.1(g)Operating a personal watercraft in an unreasonable
or imprudent manner
BOATING CHART E
73-a.3(b)Livery renting personal watercraft to ineligible personBOATING CHART F

 

BOATING CHART A Page 120

21 Dec

BOATING CHART A
Penalties for MISDEMEANORS
for which another penalty has not been provided
Navigation Law 73-b

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$250$50030 days or both

2nd conviction within 24 months$500$1,00045 days or both

3rd or subsequent conviction
within 24 months
$1,500$2,50090 days or both


 

BOATING CHART B Page 121

21 Dec

BOATING CHART B
Penalties for VIOLATIONS
Unless declared a Felony or Misd.,
any violations of the provisions of this article
…shall be a VIOLATION
Navigation Law 73-c

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$100$2507 days or both

2nd conviction within 24 months$250$50015 days or both

3rd or subsequent conviction
within 24 months
$500$1,00090 days or both

 

BOATING CHART C Page 122

21 Dec

 BOATING CHART C
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction$300$50015 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

2nd conviction
in 5 years
$500$75030 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

3rd or subsequent
conviction
within 10 years
$750$1,500180 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

 

BOATING CHART D Page 123

21 Dec

BOATING CHART D
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$500$1,0001 year or bothshall suspendmay suspend12 months
49-a.3(a)(2)

2nd conviction
in 10 years
E Felony
$1,000$5,0004 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

3rd or subsequent
conviction
within 10 years
D Felony

$2,000$10,0007 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

 

BOATING CHART E Page 124

21 Dec

BOATING CHART E
Regulations for Personal Watercraft
Navigation Law 73-a.1 Penalties found at 73-a.3(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$50$200n/an/an/an/a

2nd conviction
in 24 months
$100$400n/an/an/an/a

3rd or subsequent
conviction
within 24 months

$200$500n/an/arevokednot listed

 

BOATING CHART F Page 125

21 Dec

BOATING CHART F
Livery Regulations For Personal Watercraft
Navigation Law 73-a.2 Penalties found at 73-a.3(b)

VIOLATIONMin FineMin Fine

1st conviction
Misd.
$100$200

2nd conviction in 24 months$200$400

3rd or subsequent conviction within 24 month


$400$800