N.Y. Comp. Codes R. & Regs. tit. 9 § 451.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 451.5 - Exemptions

(a) A person is exempt from carrying a boating safety certificate or taking the course if they hold at least one of the following valid certifications, licenses, memberships or status. A copy of that certification, license, membership or status information must be carried by the operator and produced upon request of a law enforcement or judicial officer. A law enforcement or judicial officer may require the operator to produce the original certification, license, membership or status document within a reasonable time period:

(1) safe boating instructor certification issued by the agency;

(2) membership in good standing of the United States Power Squadron or a safe boating certification issued by the United States Power Squadron;

(3) membership in good standing of the United States Coast Guard Auxiliary or a safe boating certification issued by the United States Coast Guard Auxiliary;

(4) valid license issued under section 64 of the Navigation Law;

(5) valid operator's license issued by the United States Coast Guard or the Canadian Coast Guard;

(6) police officer, peace officer, firefighter, emergency rescue personnel or lifeguard acting within the scope of their official duties; or

(7) non-resident or New York resident who has received comparable safe boating instruction and is holding a valid comparable certificate issued by the state or country where they presently reside or recently resided;

(i) however, a New York resident holding a valid comparable certificate issued by a former state or country of residence must apply for a boating safety certificate and complete the course within a one-year grace period after moving into the State;

(ii) the agency retains the discretion to review any out-of-state instruction to determine whether it is equivalent to the New York course. If the agency finds the out-of-state course is not equivalent it may require a non-resident to apply for a boating safety certificate and complete the course requirements, or may require a new resident of New York to apply for the boating safety certificate and complete the course requirements prior to expiration of the one-year grace period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 451.5