2010 New York Code
NAV - Navigation
Article 4 - VESSELS
Part 1 - (40 - 49-C) VESSELS, GENERAL
40 - Equipment.

§  40.  Equipment. Equipment required herein shall be carried on every
  vessel except as otherwise provided, while underway, or at  anchor  with
  any  person  aboard,  while on the navigable waters of the state and any
  tidewaters bordering on or lying within the  boundaries  of  Nassau  and
  Suffolk  counties.  Should the federal government adopt vessel equipment
  requirements  different  from  those  contained  in  this  section,  the
  commissioner   shall  be  authorized  to  adopt  rules  and  regulations
  superceding the vessel equipment requirements of this section to achieve
  consistency with federal standards, and shall submit such proposed rules
  and regulations to the secretary of state in accordance with  the  state
  administrative  procedure  act  within  thirty  days  of the adoption of
  federal equipment requirements or submit a  statement  as  to  why  such
  conforming changes are not being proposed.
    1. Personal flotation devices.
    (a)  Every  pleasure  vessel  and every rowboat, canoe and kayak shall
  have at least one wearable personal flotation device for each person  on
  board,  which  shall  be  of  a type approved by the United States coast
  guard and shall be in good condition.
    (b) Pleasure vessels sixteen feet and greater in length shall carry at
  least one type IV throwable personal flotation device which shall be  of
  a  type  approved  by the United States coast guard and shall be in good
  condition.
    (c) Every operator or person  in  charge  or  control  of  a  pleasure
  vessel, rowboat or canoe, as described in paragraphs (a) and (b) of this
  subdivision,  shall be responsible for compliance with the provisions of
  this subdivision.
    (d) No person shall operate a pleasure vessel of Class A, one, two  or
  three   as   classified  and  defined  in  subdivision  one  of  section
  forty-three of this article or a rowboat, canoe or kayak nor  shall  the
  owner  of  such  vessel  while on board such vessel knowingly permit its
  operation, unless each person on such vessel under the age of twelve  is
  wearing  a securely fastened United States Coast Guard approved wearable
  personal flotation device of an appropriate size  when  said  vessel  is
  underway. The provisions of this paragraph shall not apply to any person
  on  such  vessel  under the age of twelve who is within a fully enclosed
  cabin.
    (e) 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.
    2. Whistle. Every mechanically propelled vessel shall be provided with
  an  efficient whistle. The word "whistle" shall mean any sound producing
  mechanical appliance, except sirens, capable of producing a blast of two
  seconds or more in duration and of such strength as to be heard  plainly
  for  a  distance  of  at  least  one-half mile in still weather. A siren
  whistle  may  only  be  attached  to  a  vessel  operated  by  a  police
  department,  fire department or public utility company, and used only on
  emergency calls. On vessels less than  thirty-nine  feet  in  length,  a
  mouth  whistle  capable  of  producing a blast of two seconds or more in
  duration, which can be heard for at least one-half a mile, may be used.
    3. Anchors. Every mechanically propelled vessel shall carry an  anchor
  and  cable of sufficient weight and strength to provide a safe anchorage
  for such vessel. It shall be the duty of the master of  such  vessel  to
  exercise  reasonable  care  and caution and maritime skill in everything
  relating to the safe anchorage of his vessel.

4. Carburetor  backfire  flame  arresters.  The  carburetor  of  every
  gasoline engine installed in a mechanically propelled vessel after April
  twenty-five,  nineteen  hundred  forty, except outboard motors, shall be
  fitted with a United States coast guard approved  device  for  arresting
  backfire.
    5.   Classification   of   fire   extinguishers.  Hand  portable  fire
  extinguishers capable of extinguishing gasoline,  oil  or  grease  fires
  shall be classified as prescribed and approved by the commissioner.
    6.  Fire  extinguishers  required.  (a)  Every  mechanically propelled
  vessel  as  classified  and  defined  by  subdivision  one  of   section
  forty-three  of  this  article,  except  outboard  motor boats less than
  twenty-six feet in length, of  open  construction,  shall  carry  United
  States  coast  guard  approved fire extinguishers in accordance with the
  following:
    Class A motor boats shall carry one B-1 fire extinguisher.
    Class 1 motor boats shall carry one B-1 fire extinguisher.
    Class 2 motor boats shall carry two B-1 fire extinguishers.
    Class 3 motor boats shall carry three B-1 fire extinguishers.
    Class 4 motor boats shall carry  fire  extinguishers  and  other  fire
  fighting  equipment  as required by the federal navigation law and rules
  and regulations made by the United States coast  guard  for  uninspected
  vessels.
    (b)  One  class B-2 fire extinguisher may be substituted for two class
  B-1 fire extinguishers.
    (c) When the engine compartment of the motor boat is equipped  with  a
  fixed  fire extinguishing system of a United States coast guard approved
  type, one less class B-1 fire extinguisher is required.
    (d) No  fire  extinguishers  of  the  toxic  vaporizing  liquid  type,
  including  those  containing carbon tetrachloride and chlorobromomethane
  extinguishing agents shall be approved by the commissioner.
    7. Visual distress signals. Every vessel  of  sixteen  feet  or  more,
  regardless  of the distance of the vessel from shore, shall carry, to be
  displayed and used whenever such vessel is in need  of  assistance,  the
  number  and  type  of  visual  distress signals that are required by the
  United  States  coast  guard  for  operation  on  waters  under  federal
  jurisdiction. Such devices shall be in serviceable condition and readily
  accessible  on board the vessel and the service life, if marked upon the
  device, shall not have expired. The provisions of this subdivision shall
  not apply to open sailboats under twenty-six feet in length that are not
  equipped with mechanical power or vessels participating in an  organized
  marine  event  for  which  a permit has been granted by the commissioner
  pursuant to section thirty-four of this chapter, or by the United States
  coast guard. All vessels shall carry visual  distress  signals  suitable
  for night use between sunset and sunrise. At all times the provisions of
  this  subdivision  shall  not  apply  to vessels engaged in commerce and
  having a valid marine document issued by the United States or a  foreign
  government.
    8.  Ventilation.  All mechanically propelled vessels, the construction
  or decking over of which is commenced after April twenty-fifth  nineteen
  hundred  forty,  and which uses fuel having a flash point of one hundred
  ten degrees fahrenheit or less  shall  have  at  least  two  ventilators
  fitted  with  cowls  or their equivalent for the purpose of properly and
  efficiently ventilating  the  bilges  of  every  engine  and  fuel  tank
  compartment  in order to remove any inflammable or explosive gases. Such
  mechanically propelled vessels so constructed as  to  have  the  greater
  portion  of  the bilges under the engine and fuel tanks open and exposed
  to the natural atmosphere at all times need not be required to be fitted
  with such ventilators.

9. Motor boats of greater than thirty-nine feet in length shall  carry
  a bell.
    10.  Any  violation of the provisions of this section, or of a rule or
  regulation  adopted  pursuant  to  this  section,  shall  constitute   a
  violation  punishable  by  a  fine of not less than twenty-five nor more
  than one hundred dollars.
    11. The  provisions  of  this  section  shall  not  apply  to  vessels
  competing   in  duly  authorized  regattas  and  trials  preceding  such
  regattas.
    12. Any person or business which, in the regular course  of  business,
  sells,  offers  for sale, leases or offers for lease new or used vessels
  or outboard motors to the general public shall, upon the sale  or  lease
  of  any  vessel  or outboard motor, provide the purchaser with a list of
  required equipment as  set  forth  in  this  section  and  any  rule  or
  regulation promulgated pursuant to this section.