61. Repairs and modifications. 1. Before any repair or modification is made to the structure or engineering plant of a public vessel, or any repair or modification is made that may affect the stability, seaworthiness or safe operation of a public vessel, or in the event that the owner of a public vessel becomes aware of any such repair or modification, the owner shall notify the inspector of the repair or modification or proposed repair or modification in writing. The inspector shall be authorized to determine whether a proposed repair or modification may be made, whether inspection of the vessel shall be required before any proposed repair or modification is made, or whether inspection should be made after repair or modification. The inspector shall also be authorized to determine whether the vessel may be operated pending inspection, or whether the vessel may only be operated after inspection, or whether it may not be operated. The inspector may impose conditions on any such repair or modification, inspection and operation taking into consideration the nature of the proposed or existing repair or modification, the condition of the vessel and any other factors the inspector deems relevant to the stability, seaworthiness and safe operation of such vessel. The owner shall comply with the determination of the inspector.
2. An owner who fails to give notification as required by this section, or who modifies or permits the repair or modification of a public vessel in contravention of the requirements of this section, shall be guilty of a violation punishable as set forth in section seventy-three-c of this article.
3. A public vessel which the inspector has directed to be inspected prior to operation pursuant to the provisions of this section shall not be operated upon the navigable waters of the state if such vessel has not been inspected. A public vessel which the inspector has directed not to be operated pursuant to the provisions of this section shall not be operated upon the navigable waters of the state. An owner who permits the operation of a public vessel in contravention of this section shall be guilty of a misdemeanor punishable as set forth in seventy-three-b of this article, and the certificate of inspection of said public vessel may, in the discretion of the inspector, be suspended until such time as the inspector determines that said vessel is stable, seaworthy and safe.
Last modified: February 3, 2019