9 NYCRR Part 444 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 444.1 - Definitions

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

As used in this Part:

(a)Person includes an individual, society, club, firm, partnership, corporation, or association of persons, and the singular number shall include the plural.

(b)Owner means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(c)Vessel includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(d)Public vessel shall mean and include every vessel which is propelled in whole or in part by mechanical power and is used or operated for commercial purposes on the navigable waters of the State, that is either carrying passengers, carrying freight, towing, or for any other use; for which a compensation is received either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.

(e)Pleasure vessel includes every vessel not within the classification of public vessel.

(f)Accident shall mean any casualty involving a vessel or vessels, including but not limited to collision, capsizing, foundering, fire, explosion, disappearance of a vessel other than by theft, or disappearance of any person from on board under circumstances which indicate the possibility of death or injury.

(g)Reportable accident shall mean any accident involving loss of life, personal injury, any property damage in excess of $100, disappearance of a vessel other than by theft, or disappearance of any person from on board under circumstances which indicate the possibility of death or injury.

9 NYCRR 444.2 - Accident reporting and assistance

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-30-22-00001-A · Adopted rule
Related notice published: Mar 8, 2023
Related notice effective date: Mar 8, 2023

(a)It shall be the duty of the operator of a vessel involved in any accident as defined herein, so far as he can do so without serious danger to his own vessel, crew and passengers, to render to other persons affected by said accident such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the occurrence. The operator shall exhibit his certificate of registration and give his name, address, and identification of his vessel in writing to any person injured and to the owner of any vessel or property damaged. In the event the person injured or damaged cannot be located at the place where the accident occurred, then said information and a description of the accident shall be reported by the operator of the vessel within 24 hours to the nearest police or local judicial officer.

(b)The operator of every vessel involved in any reportable accident as defined herein shall, within seven days, file a complete written report and description of the accident as provided below.

(c)Accidents shall be reported on forms provided by the Office of Parks, Recreation and Historic Preservation for this purpose. Forms may be obtained at any police station or regional office of the Office of Parks, Recreation and Historic Preservation.

(d)Accident reports must be filed in duplicate with the Office of Parks, Recreation and Historic Preservation, Bureau of Marine and Recreational Vehicles, 625 Broadway, Albany, NY 12233 and another copy shall be filed with the police agency in whose jurisdiction the accident occurred.

(e)Every written accident report shall contain the following information:

(1)numbers and/or names of vessels involved;

(2)locality where accident occurred;

(3)time and date when accident occurred;

(4)name, address, age and boat-operating experience of operator of reporting vessel;

(5)weather and sea condition at time of accident;

(6)names and addresses of operators of other vessels involved;

(7)names and addresses of owners of vessels or property involved;

(8)names and addresses of any person or persons injured or killed;

(9)nature and extent of injury to any person or persons;

(10)description of damage to property (including vessels) and estimated cost of repairs;

(11)description of accident (including opinions as to causes);

(12)length, propulsion, horsepower, fuel and construction of reporting vessel;

(13)names and addresses of known witnesses;

(14)signature of person reporting.

(f)In order to comply with the accident reporting requirements of the Navigation Law, operators of vessel liveries shall keep or cause to be kept a record of the date and time a boat is rented, the registration number of the boat, and the name and address of the individual renting the boat. The record shall be kept for a period of six months and shall be available for inspection at reasonable times upon request by the Bureau of Marine and Recreational Vehicles or a representative thereof.

9 NYCRR 444.3 - Earlier source heading: 444.3 to 444.10 [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021