Boating is a top-tier summer pastime in New York, yet each season brings avoidable mishaps. Understanding and following state requirements helps boaters reduce risk and protect their loved ones.
Mandatory Boater Education
As of January 1, 2025, every operator of a motorized vessel in New York is required to carry a boating safety certificate—regardless of age or vessel size—under the state’s Brianna’s Law. This includes personal watercraft such as jet skis. Ensuring all operators are certified enhances awareness of navigation rules and accident prevention.
Life Jackets and Personal Flotation Devices (PFDs)
Every person aboard any recreational vessel in New York must have a U.S. Coast Guard-approved wearable PFD. Vessels 16 feet or longer must also carry a Type IV throwable device. Children under 12 must wear a life jacket at all times unless inside a fully enclosed cabin aboard a vessel under 65 feet.
Between November 1 and May 1, life jackets are mandatory for all occupants on vessels under 21 feet while underway. Wearing properly fitted and well-maintained life jackets significantly increases survival chances in emergencies.
Safe Operation of Personal Watercraft
Personal watercraft can only be operated between sunrise and sunset. Every operator, along with all riders and anyone being towed, must wear a Coast Guard-approved life jacket. Each PWC must be equipped with a functional engine cutoff switch, a sound signaling device (such as a horn or whistle audible from half a mile), and a visual distress signal. Additionally, safety gear like backfire flame arrestors and ventilation systems must be in place.
Alcohol and Boating Under the Influence (BUI)
New York enforces a blood alcohol concentration limit of 0.08% for vessel operators. Zero-tolerance rules apply to operators under the age of 21. A BUI conviction can result in fines, license suspension, jail time, and personal liability for any resulting harm or property damage.
Pre-Departure Planning
Before heading out on the water, boaters should check weather and tide conditions and inform a trusted contact of their float plan. This includes expected departure and return times, route, and passenger list. Make sure everyone onboard knows where safety gear is stored and how to use it. Designate a lookout, especially when towing skiers or tubers.
Equipment and Maintenance
Every powered boat must carry at least one sound-signaling device and a suitable fire extinguisher. Boats using gasoline engines require backfire flame arrestors and proper ventilation. Ensure that registration numbers, hull identification numbers, navigation lights, and waste systems are in compliance and working properly before setting out.
Reporting Accidents
In New York, any boating accident resulting in death, disappearance, injury requiring more than first aid, or property damage over $1,000 must be reported to the New York State Office of Parks, Recreation and Historic Preservation within five days. Immediate reporting is essential for documentation and potential legal claims.
Legal Considerations After Accidents
Victims of boating accidents in New York have up to three years from the date of the incident to file a personal injury claim. For wrongful death cases, the statute of limitations is two years from the date of death. If a public entity is involved, a notice of claim must be filed within 90 days, and the lawsuit must be filed within one year and 90 days.
For minors, the statute of limitations for personal injury is tolled until they reach age 18, giving them until their 21st birthday to file. However, notice of claim deadlines still apply.
Minimize Risk Through Preparedness
Operator inattention, improper lookout, inexperience, excessive speed, machinery failure, and alcohol use are among the leading causes of boating accidents. These risks can be mitigated through proper planning, routine maintenance, operator training, speed management, and remaining sober and alert at the helm.
About the Firm
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