71-d. Liveries; safety regulations; penalty. 1. No livery operator shall knowingly lease, hire or rent a vessel to any person:
(a) When the number of persons using the vessel shall exceed the number deemed to constitute a maximum safety load for said vessel, according to its capacity plate or industry-accepted standards.
(b) When the manufacturer's rated horsepower of the motor exceeds the capacity of the vessel, making the vessel unsafe to operate.
(c) When the vessel does not contain the equipment required by its respective class, as provided by section forty.
1-a. Notwithstanding subdivision one of section forty-nine of this article, a livery may lease, hire or rent a mechanically propelled vessel, except a personal water craft or specialty prop craft, to a person who is not the holder of a boating safety certificate if:
(a) the person is eighteen years or older;
(b) the operator of such livery or his or her designated agent, is the holder of a boating safety certificate, and prior to permitting the use by such person of the vessel explains and demonstrates to such person by video or actual in water demonstration the operation of such vessel, and the use and location of such vessel's safety equipment;
(c) such person, after receiving the explanation and demonstration required pursuant to paragraph (b) of this subdivision, demonstrates to the livery operator or the livery operator's designated agent the ability to operate such vessel and use the applicable safety equipment;
(d) such person presents genuine proof of identification and age to the livery operator;
(e) the livery operator or the livery operator's designated agent, at the time of the leasing, hiring, or renting, records the name, address, and age of the operator of the leased, hired or rented vessel. Such records shall be maintained for a period of not less than one year; and
(f) the vessel is not leased, hired or rented to the same person for a period exceeding sixty days.
2. Any person convicted of violating this section shall be guilty of a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars.
Last modified: February 3, 2019