NYCkayaker Laws, PFDs on kayaks and those operating them

Richard Clifford richardclifford at earthlink.net
Tue Sep 8 14:01:49 EDT 2009


Continue reading, please.

*§ 2 Nav. Definitions.* 

The following terms when used in this chapter unless otherwise expressly 
stated, or unless the context of the language or subject matter 
indicates a different meaning or application was intended, shall be 
deemed to mean and include:

 ........

*6. "Vessel" shall mean any floating craft and all vessels shall belong 
to one of the following classes:*

 

(a) *"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.

 

(b) *"Residential vessel"* shall mean and include every vessel which is 
used primarily as a residence.

*(c) "Pleasure vessel" shall mean and include every vessel not within 
the classification of public vessel or residential vessel. However, the 
provisions of this chapter shall not apply to rowboats, canoes and 
kayaks except as otherwise expressly provided.* 

(d) The term "vessel" as used in this chapter shall not include a crew 
racing shell. "Crew racing shell" shall mean any shell, gig, barge or 
other boat designed primarily for practice or racing, propelled by oars 
or sweeps, in the sport of crew or scull racing conducted by a private 
or public educational institution, school, academy, college, university 
or association of any of the preceding, or by an amateur sports club or 
association or by the United States or International Olympics Committee 
and shall not include canoes, rowboats or lifeboats.

The boat or launch accompanying a crew racing shell shall have 
sufficient safety devices to aid members of the crew should the need arise.


Hope this answers questions. - Richard Clifford




MCC1939 at aol.com wrote:
> Hi Richard:
>  
> The excerpts you distributed include the following:
>  
> "(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. "
>  
> I believe the Federal Regulation that is similar to this exempts 
> kayaks and canoes from this requirement.  Does the new NYS regulation 
> include a similar exemption? Or will those of us with boats longer 
> than 16 ft be required to carry life ring, horseshoe or buoyant seat 
> cushion on our decks? What about Rob's craft?
>  
> Mike Cook



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