Assembly Bill A7612

2017-2018 Legislative Session

Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while responding to emergencies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A7612 (ACTIVE) - Details

See Senate Version of this Bill:
S1185
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Add §39-b, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: S584
2011-2012: S922
2013-2014: A7656, S1504
2015-2016: A7087, S387
2019-2020: A7931, S3012
2021-2022: A2577, S988
2023-2024: A9749, S4026

2017-A7612 (ACTIVE) - Summary

Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while such operators are in the course of responding to emergencies.

2017-A7612 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7612
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2017
                                ___________
 
 Introduced  by  M.  of A. THIELE, MONTESANO -- read once and referred to
   the Committee on Transportation
 
 AN ACT to  amend  the  navigation  law,  in  relation  to  providing  an
   exemption  from certain laws for operators of law enforcement and fire
   department vessels responding to emergencies on the  navigable  waters
   of the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The navigation law is amended by adding a new section  39-b
 to read as follows:
   §  39-B.  LAW ENFORCEMENT AND FIRE DEPARTMENT VESSELS. 1. THE OPERATOR
 OF A LAW ENFORCEMENT OR FIRE DEPARTMENT  VESSEL,  WHEN  INVOLVED  IN  AN
 EMERGENCY  OPERATION  ON THE NAVIGABLE WATERS OF THE STATE, MAY EXERCISE
 THE PRIVILEGES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, BUT SUBJECT
 TO THE CONDITIONS SET FORTH IN  SUBDIVISIONS  THREE  AND  FOUR  OF  THIS
 SECTION.
   2.  THE  OPERATOR  OF  A LAW ENFORCEMENT OR FIRE DEPARTMENT VESSEL MAY
 DISREGARD ANY LAW, RULE OR REGULATION OF THIS STATE OR ANY LOCAL LAW  OR
 ORDINANCE  OF  A  MUNICIPALITY  OF  THIS STATE GOVERNING THE MOVEMENT OR
 TURNING OF VESSELS UPON SUCH NAVIGABLE WATERS.
   3. THE PRIVILEGES GRANTED TO THE OPERATOR OF A LAW ENFORCEMENT OR FIRE
 DEPARTMENT VESSEL PURSUANT TO THIS SECTION SHALL APPLY ONLY WHEN AUDIBLE
 SIGNALS ARE SOUNDED FROM ANY SUCH VESSEL WHILE IN MOTION BY BELL,  HORN,
 SIREN,  ELECTRONIC DEVICE OR EXHAUST WHISTLE AS MAY BE REASONABLY NECES-
 SARY, AND WHEN THE VESSEL IS EQUIPPED WITH AT LEAST ONE LIGHTED LAMP  SO
 THAT  FROM  ANY  DIRECTION,  UNDER  NORMAL ATMOSPHERIC CONDITIONS FROM A
 DISTANCE OF FIVE HUNDRED FEET FROM SUCH VESSEL, AT LEAST ONE BLUE OR RED
 LIGHT WILL BE DISPLAYED AND VISIBLE.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT RELIEVE THE OPERATOR OF  A
 LAW  ENFORCEMENT OR FIRE DEPARTMENT VESSEL FROM THE DUTY TO OPERATE SUCH
 VESSEL WITH DUE REGARD FOR THE SAFETY OF ALL  PERSONS,  NOR  SHALL  SUCH
 PROVISIONS  PROTECT  THE  OPERATOR  FROM  THE CONSEQUENCES OF HIS OR HER
 RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.
   § 2. This act shall take effect immediately.

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