N.Y. Comp. Codes R. & Regs. tit. 9 § 451.8

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

Section 451.8 - New york safe boating course requirements

Only persons who have received an instructor certification issued by the agency may teach the course. The instructor or the commercial organization must comply with the following requirements:

(a) Pre-registration. At least two weeks before a course is scheduled to begin and before it is advertised the instructor or the commercial organization shall pre-register the course with the agency by providing the following information: dates, times, name of training facility and its location, names of lead instructor and names of any additional instructors that are scheduled to teach the course, number of classroom sessions, age restrictions (if any), class sizes, total enrollment; instructional fees charged to students (if any) and any other information required by the agency.

(1) Class sizes may vary between 6 and multiples of 30 students per instructor. Requiring 30 students per instructor means that a class of 90 students, for example, would require a lead certified instructor and 2 additional certified instructors to teach it.

(2) An instructor may not register a class of less than 6 students nor more than 30 students per instructor. If an instructor pre-registers 6 students and at least 2 students attend, the instructor may, nevertheless, teach the class.

(b) Instruction. A minimum eight hours total classroom instruction taught by an instructor with at least one 10-minute break per hour is required. During an all-day session three 10-minute breaks may be accumulated and a 30-minute meal substituted for the breaks. The eight hours of instruction must include a review period and the final examination. Instructors-in-training or qualified and recognized experts in the safe boating field may occasionally teach all or part of the lessons but a certified instructor must be present and the lesson plans must be followed.

(c) Course materials. Instructors must follow the lesson plans, policies, procedures and use the textbook supplied by the agency. These course materials are based on or meet the current requirements of the National Association of State Boating Law Administrators (NASBLA) and the New York Safe Boating Instructor Guide issued by the agency. Instructors shall not focus the instruction to cover only points covered on the final examination nor provide students with the answers to questions in lieu of following the lesson plans. The New York course materials provided by the agency may not be used to satisfy any other certificate required by any other commercial or governmental entity.

(d) Final examination. The final examination shall be a closed-book test supplied by the agency and administered only after the instructional phase of the course has been completed. No examinations for other certificates or licenses may be administered or taken during the course. The student must obtain a 76 percent grade on the examination.

(e) Receipt. The commercial instructor or commercial organization must provide a receipt to the student for any fee collected. The volunteer instructor must provide a receipt to the student for any charge or donation collected. All instructors must maintain copies of these receipts for five years after issuance and make them available to the agency when requested. Alternatively, commercial instructors' receipts may be maintained for five years by their affiliated commercial organizations.

(f) The agency retains discretionary authority to decline to send course materials and final examinations for a course to any instructor or commercial organization that the agency determines has not followed or is not following the minimum requirements outlined in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 451.8