§ 40. Equipment. Equipment required herein shall be carried on every
vessel except as otherwise provided, while underway, or at anchor with
any person aboard, while on the navigable waters of the state and any
tidewaters bordering on or lying within the boundaries of Nassau and
Suffolk counties. Should the federal government adopt vessel equipment
requirements different from those contained in this section, the
commissioner shall be authorized to adopt rules and regulations
superceding the vessel equipment requirements of this section to achieve
consistency with federal standards, and shall submit such proposed rules
and regulations to the secretary of state in accordance with the state
administrative procedure act within thirty days of the adoption of
federal equipment requirements or submit a statement as to why such
conforming changes are not being proposed.

1. Personal flotation devices.

(a) Every pleasure vessel and every rowboat, canoe and kayak shall
have at least one wearable personal flotation device for each person on
board, which shall be of a type approved by the United States coast
guard and shall be in good condition.

(b) Pleasure vessels sixteen feet and greater in length shall carry at
least one type IV throwable personal flotation device which shall be of
a type approved by the United States coast guard and shall be in good
condition.

(c) Every operator or person in charge or control of a pleasure
vessel, rowboat or canoe, as described in paragraphs (a) and (b) of this
subdivision, shall be responsible for compliance with the provisions of
this subdivision.

(d) No person shall operate a pleasure vessel of Class A, one, two or
three as classified and defined in subdivision one of section
forty-three of this article or a rowboat, canoe or kayak nor shall the
owner of such vessel while on board such vessel knowingly permit its
operation, unless each person on such vessel under the age of twelve is
wearing a securely fastened United States Coast Guard approved wearable
personal flotation device of an appropriate size when said vessel is
underway. The provisions of this paragraph shall not apply to any person
on such vessel under the age of twelve who is within a fully enclosed
cabin.

(e) No owner or operator of a pleasure vessel less than twenty-one
feet, including rowboats, canoes, and kayaks shall permit its operation,
between November first and May first, unless each person on board such
vessel is wearing a securely fastened United States Coast Guard approved
wearable personal flotation device of an appropriate size when such
vessel is underway.

2. Whistle. Every vessel and every rowboat, canoe and kayak shall be
provided with an efficient whistle. The word "whistle" shall mean any
sound producing mechanical appliance, except sirens, capable of
producing a blast of two seconds or more in duration and of such
strength as to be heard plainly for a distance of at least one-half mile
in still weather. A siren whistle may only be attached to a vessel
operated by a police department, fire department or public utility
company, and used only on emergency calls. On vessels less than
thirty-nine feet in length, a mouth whistle capable of producing a blast
of two seconds or more in duration, which can be heard for at least
one-half a mile, may be used.

3. Anchors. Every mechanically propelled vessel shall carry an anchor
and cable of sufficient weight and strength to provide a safe anchorage
for such vessel. It shall be the duty of the master of such vessel to
exercise reasonable care and caution and maritime skill in everything
relating to the safe anchorage of his vessel.

4. Carburetor backfire flame arresters. The carburetor of every
gasoline engine installed in a mechanically propelled vessel after April
twenty-five, nineteen hundred forty, except outboard motors, shall be
fitted with a United States coast guard approved device for arresting
backfire.

5. Classification of fire extinguishers. Hand portable fire
extinguishers capable of extinguishing gasoline, oil or grease fires
shall be classified as prescribed and approved by the commissioner.

6. Fire extinguishers required. (a) Every mechanically propelled
vessel as classified and defined by subdivision one of section
forty-three of this article, except outboard motor boats less than
twenty-six feet in length, of open construction, shall carry United
States coast guard approved fire extinguishers in accordance with the
following:

Class A motor boats shall carry one 5-B fire extinguisher.

Class 1 motor boats shall carry one 5-B fire extinguisher.

Class 2 motor boats shall carry two 5-B fire extinguishers.

Class 3 motor boats shall carry three 5-B fire extinguishers.

Class 4 motor boats shall carry fire extinguishers and other fire
fighting equipment as required by the federal navigation law and rules
and regulations made by the United States coast guard for uninspected
vessels.

(b) One class 20-B fire extinguisher may be substituted for two class
5-B fire extinguishers.

(c) When the engine compartment of the motor boat is equipped with a
fixed fire extinguishing system of a United States coast guard approved
type, one less class 5-B fire extinguisher is required.

(d) No fire extinguishers of the toxic vaporizing liquid type,
including those containing carbon tetrachloride and chlorobromomethane
extinguishing agents shall be approved by the commissioner.

(e) Disposable fire extinguishers are considered expired twelve years
after their date of manufacture. Expired or previously used fire
extinguishers do not meet the requirements of paragraph (a) of this
subdivision.

7. Visual distress signals. Every vessel of sixteen feet or more,
regardless of the distance of the vessel from shore, shall carry, to be
displayed and used whenever such vessel is in need of assistance, the
number and type of visual distress signals that are required by the
United States coast guard for operation on waters under federal
jurisdiction. Such devices shall be in serviceable condition and readily
accessible on board the vessel and the service life, if marked upon the
device, shall not have expired. The provisions of this subdivision shall
not apply to open sailboats under twenty-six feet in length that are not
equipped with mechanical power or vessels participating in an organized
marine event for which a permit has been granted by the commissioner
pursuant to section thirty-four of this chapter, or by the United States
coast guard. All vessels shall carry visual distress signals suitable
for night use between sunset and sunrise. At all times the provisions of
this subdivision shall not apply to vessels engaged in commerce and
having a valid marine document issued by the United States or a foreign
government.

8. Ventilation. All mechanically propelled vessels, the construction
or decking over of which is commenced after April twenty-fifth nineteen
hundred forty, and which uses fuel having a flash point of one hundred
ten degrees fahrenheit or less shall have at least two ventilators
fitted with cowls or their equivalent for the purpose of properly and
efficiently ventilating the bilges of every engine and fuel tank
compartment in order to remove any inflammable or explosive gases. Such
mechanically propelled vessels so constructed as to have the greater
portion of the bilges under the engine and fuel tanks open and exposed
to the natural atmosphere at all times need not be required to be fitted
with such ventilators.

9. Motor boats of greater than thirty-nine feet in length shall carry
a bell.

10. Any violation of the provisions of this section, or of a rule or
regulation adopted pursuant to this section, shall constitute a
violation punishable by a fine of not less than twenty-five nor more
than one hundred dollars.

11. The provisions of this section shall not apply to vessels
competing in duly authorized regattas and trials preceding such
regattas.

12. Any person or business which, in the regular course of business,
sells, offers for sale, leases or offers for lease new or used vessels
or outboard motors to the general public shall, upon the sale or lease
of any vessel or outboard motor, provide the purchaser with a list of
required equipment as set forth in this section and any rule or
regulation promulgated pursuant to this section.

13. The operator of a vessel under twenty-six feet in length equipped
with an engine cut-off switch shall use the engine cut-off switch when
the vessel is operating on plane or above displacement speed. The use of
an engine cut-off switch shall not be required when the operator is in a
fully enclosed cabin.