STATE OF NEW YORK ________________________________________________________________________ 10399 IN ASSEMBLY May 21, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. O'Donnell, Norris) -- (at request of the Governor) -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the navigation law, in relation to duty to inspect vessels operated on non-navigable underground waters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13 of the navigation law, as amended by chapter 2 843 of the laws of 1980, is amended to read as follows: 3 § 13. Inspector; duties. The inspector shall annually, and at such 4 other times as [he] they shall deem it expedient, or as the commissioner 5 may direct, inspect every public vessel, except vessels which navigate 6 on waters over which the United States exercises active control. The 7 inspector shall also annually, and at such other times the inspector 8 deems expedient or as the commissioner may direct, inspect any vessel 9 operated on privately or publicly owned underground non-navigable water- 10 ways with no navigable inlet or outlet that carry passengers for compen- 11 sation, either received directly or where provided as an accommodation, 12 advantage, facility or privilege at any place of public accommodation, 13 resort or amusement. The inspector shall carefully examine the hull, the 14 propelling and auxiliary machinery, the electrical apparatus and the 15 vessel's equipment. [He] They shall require such changes, repairs and 16 improvements to be made as [he may deem] deemed expedient for the 17 contemplated route. No vessel, or propelling machinery thereof shall be 18 allowed to be used if constructed in whole, or in part, of defective 19 material, or which because of its form, design, workmanship, age, use or 20 for any other reason is unsafe. [He] The inspector shall also fix the 21 number of passengers that may be transported. The inspector shall 22 require that the boilers, on all public vessels which are propelled by 23 steam engines, be inspected and approved for safety of operations by 24 inspectors of the New York State Department of Labor, Bureau of Boilers. 25 Every boiler and appurtenances thereof shall be constructed, maintained 26 and operated in accordance with the Department of Labor rules and regu- 27 lations pertaining to boilers. The inspector shall also, whenever [he EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12026-01-4
A. 10399 2 1 deems] they deem it expedient, visit any vessel licensed under this 2 chapter and examine into [her] its condition for the purpose of ascer- 3 taining whether or not any party thereon, having a certificate, or 4 license, from the inspector, has conformed to and obeyed the conditions 5 of such certificate, and the provisions of this chapter. The owner, 6 master, pilot, engineer or joint pilot and engineer of such vessel, 7 shall answer all reasonable questions and give all the information in 8 [his or] their power in regard to said vessel, or its machinery or 9 equipment and the manner of managing the same. The inspector provided 10 for in this chapter is authorized to make further rules and regulations 11 applying generally to all vessels, or especially to one or more of them. 12 [In framing rules for the government of managers and employees on 13 vessels, the] The inspector shall, as far as practicable, be governed by 14 the general rules and regulations prescribed by the United States coast 15 guard. [The inspector shall have the power to issue a uniform naviga- 16 tion summons and/or complaint for violations of the provisions of arti- 17 cle four of this chapter which are applicable to vessels.] To the extent 18 applicable as determined by the inspector exercising their duties under 19 this section, part two of article four of this chapter shall apply to 20 vessels operated on privately or publicly owned underground non-naviga- 21 ble waterways with no navigable inlet or outlet that carry passengers 22 for compensation, either received directly or where provided as an 23 accommodation, advantage, facility or privilege at any place of public 24 accommodation, resort or amusement. 25 § 2. The navigation law is amended by adding a new section 49-d to 26 read as follows: 27 § 49-d. Application. Sections forty-seven, forty-seven-b, forty-eight, 28 forty-nine-a and forty-nine-b of this chapter shall apply to any vessel 29 operated on privately or publicly owned underground non-navigable water- 30 ways with no navigable inlet or outlet that carry passengers for compen- 31 sation, either received directly or where provided as an accommodation, 32 advantage, facility or privilege at any place of public accommodation, 33 resort or amusement. 34 § 3. The navigation law is amended by adding a new section 63-a to 35 read as follows: 36 § 63-a. Suspension of certificate of inspection; penalty for operating 37 a vessel without a certificate of inspection or during suspension. The 38 inspector may suspend a certificate of inspection issued pursuant to the 39 provisions of this article upon satisfactory proof that operation of the 40 vessel poses a risk to public safety. Prior to suspending the certif- 41 icate of inspection, the inspector shall give written notice of the 42 defects to the owner and describe how those defects pose a risk to 43 public safety. The inspector may suspend the certificate of inspection 44 until such time as the inspector is satisfied that operation of the 45 vessel does not pose a risk to public safety. An owner who permits the 46 operation of a vessel which has not been issued a certificate of 47 inspection or whose certificate of inspection has been suspended shall 48 be guilty of a misdemeanor punishable as set forth in section seventy- 49 three-b of this article for each day of operation of the vessel with a 50 suspended certificate of inspection. 51 § 4. This act shall take effect on the ninetieth day after it shall 52 have become a law.