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Looking for link-New PFD regulations


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Thanks for the post. I've found a number of articles like this, but can't seem to find

the actual change in regulations searching the web.

Presumbably this is for all NY waters, but the discussion yesterday with my brother

was whether it was inland lakes only, or whether it included Erie and Ontario. He

has a boat under 21' and does get out in between Nov. 1 and May 1.

John

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The way I read it. It's all NYS waters

Starting Nov. 1, kayakers, canoeists and those aboard all other boats under 21 feet must wear Coast Guard-approved personal flotation devices while on New York's coastal waters, lakes, rivers and other waterways. The rule will remain in effect through May 1. Violators face fines ranging from $25 to $100.
Similar seasonal requirements for wearing personal flotation devices apply to canoes and kayaks in Massachusetts and to all manually propelled vessels, including rowboats, in Connecticut. The New York law is broader, affecting all pleasure craft, including small sailboats and motorboats, according to the state Department of Parks, Recreation and Historic Preservation.
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L & M:

I noticed your reply referenced Parks and Recreation....so I looked on their site....here is the regulation they referred me to:

Navigation Law Updates

Life Jacket Wear Requirements

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.

***

So I called them, specifically to clarify the "underway". They said while the vessel is at anchor you do not need to keep

the PFD on (except as it applies to children). Also, it does apply to Lake's Erie and Ontario, also as I suspected it did.

Thanks for the replys. Guess I have my answers.

John

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Over the summer, I had my boat inspected as a public vessel for New York State Parks and Rec. When the inspector was out for the inspection, we talked at length about the new pfd law.

I mentioned about how guides on various boards were outraged that they would have to make their clients wear pfd's on their driftboat trips this winter. His response was:

If the vessel is used for a business purpose (charters, guiding, or "booze cruises"....) within the state of New York that the owner of the vessel can get a New York state boat registration that classifies the boat as a commercial vessel much like a pickup truck. He stated that the definition of pleasure vessel differs in the NYS definition from the USCG definition. NYS defines a pleasure vessel as one used for personal use, not for hire uses. He said that anyone who uses their boat for a commercial purpose and gets the required licensing and inspections by the State and USCG as applicable should be able to get the commercial registration and would then be exempt from NYS regulations pertaining to "pleasure vessels" such as this pfd law and the under 12 must wear a pfd law.

He did warn that the DEC ECO's will probably not know this difference exists and will probably ticket for this but he said that his interpretation has been upheld in court with several cases in the Hudson River and LI Sound area. He said that anyone with questions can contact him at the NYS Parks and Recreation Marine Services Unit and ask for Peter.

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