This is the fourth and final year for the phasing out of Brianna’s Law, which requires all recreational boaters to take a safety class.

Anyone born on or after January 1, 1978 or later must have completed and passed a state-approved boating safety class to operate a powerboat in New York this year. By January 1, 2025, people of all ages must complete the safety class. Failure to comply could result in a fine of $100 to $250 for the first offense.

Brianna’s Law went into effect on January 1, 2020. It is named after 11-year-old Brianna Lieneck, who was from upstate Deer Park and died in a boating accident in 2005.

It is not easy to force all boaters to pass a safety class. In 2022, the state registered 438,974 vessels, 436,565 of which were recreational, according to the State Office of Parks, Recreation and Historic Preservation (OPRHP) website. In the same year, 28 deaths were reported in the state, an increase of 10 deaths from the previous year. However, the number of incidents (187) and injuries (66) in 2022 decreased compared to the previous year.

It is important to note that people who use paddlecraft such as kayaks, canoes and paddleboards are not required to take the mandatory safety course, but it is still a good idea to get trained. Ten of the 2022 fatalities involved rowers.

“The law was written with recreational boaters in mind,” said Rosaria DiSanto, OPRHP education specialist.

DiSanto noted that both classroom and online courses are available through the website at parks.ny.gov/recreation/boating/education.aspx. Only those sanctioned on the state parks website will qualify for the permanent boating safety certificate.

There may be fees for attending the course. Students must be at least 10 years old. The in-room course has a minimum of eight hours of instruction. All students over the age of 18 will be required to pay $10 to the state for the issuance of a permanent boating safety certificate. There is a $10 fee to replace a lost certificate. It can also be added to your driver’s license for an additional cost.

One sanctioned course, which can be taken free online, is through the nonprofit BoatUS Foundation for Safety and Clean Water, a sister organization of the Boat Owners Association of the United States (BoatUS), the nation’s largest advocacy, service and safety group for recreational boaters in America. . The course can be found at boatus.org/newyork/.

“These courses are also good refresher courses for longtime sailors,” said Ted Sensenbrenner, the foundation’s director of development. “It will update you on the new laws that have been put in place recently and remind you what the water rules are when it comes to boating.”

According to Sensenbrenner:

• On April 1, 2021, a law was passed requiring the use of either a rudder, an external lanyard, or a wireless engine stop switch (ECOS) on certain vessels less than 26 feet in length then when traveling by plane or over the speed limit.
• As of April 20, 2022, there are new regulations involving fire extinguishers. They must be replaced 12 years after the date of manufacture. Vessels that are less than 26 feet in length and model year 2017 or older may continue to carry older dated or undated BI or B-II disposable fire extinguishers. However, when they are no longer in working order or have reached the age of 12 years since manufacture, they must be replaced with newer Class 5-B or greater extinguishers. Boats less than 26 feet in height and model year 2018 or newer must have unexpired 5-B, 10-B or 20-B fire extinguishers. Having types BI and B-II do not meet the new transport requirements.

There are a few exceptions that DiSanto lists to the requirement to take a safety course. One is if you are an active US Coast Guard or Canadian Coast Guard charter captain as long as your license is valid. However, you must have the credentials on the ship. Another exemption involves those active in the US Coast Guard Auxiliary, are a Safe Boating Instructor (in lieu of a Safe Boating Certificate) or a first responder when performing their duties.

Another exemption is if you rent a boat. However, not all rentals are created equal. The rental must be done by a boat and the person in question must have a safety certificate. Livery staff must provide basic instructions and safety information before leaving the dock. A rental cannot exceed 30 days and there are no online rentals that qualify. If the boat comes as part of a package with a house rental, this does not relieve you of the obligation to sail safely.

According to DiSanto, there are more than 500 certified instructors throughout the state. There are volunteer instructors and there are for-profit instructors. For-profit instructors will still receive all materials through the state for free. To apply to become an instructor, go to the state parks website.

The US Coast Guard Auxiliary, US Power Squadron, and US Motorboat offer approved courses and have their own certifications that qualify for state park requirements. There is also a list of approved online courses on the site.

Boater safety certificates can be used in New York from all states if they have been approved by the National Association of National Law Administrators, but not everyone is required to take a safe boating class in their state. If you do not have a boating safety certificate from your state and want to come to New York, you must have one before you can operate a motorboat in New York waters.

As for personal watercraft, such as jet skis, they are considered motor vessels in New York and special regulations apply.

All operators, regardless of age, must have a boating safety certificate when on the water. Operating personal watercraft at night is illegal and the minimum age to operate a personal watercraft is 14. Some municipalities prohibit the use of these boats, and some may have operating restrictions, so know the rules. Operators must always wear a USCG-approved personal flotation device that is the correct size and in good condition.

For general information about boating safety classes, email [email protected] or call 518-474-0445. The boating section of the state parks website is parks.ny.gov/boating/.

“If you take a boating safety course, you’re less likely to be involved in a boating accident or fatality,” said Scott Croft, vice president of public affairs for BoatUS.