§ 49. Operator. 1. No person shall operate a mechanically propelled
vessel on the navigable waters of the state or any tidewaters bordering
on or lying within the boundaries of Nassau and Suffolk counties, unless
the operator is at least ten years old and is the holder of a boating
safety certificate issued to him or her upon completion of a boating
safety course approved by the commissioner, the United States Power
Squadrons, the United States coast guard auxiliary or the United States
sailing association for a powerboating course or courses which are
approved by the commissioner.

a. The provisions of this subdivision shall not apply to persons who
are: certified by the commissioner as boating safety instructors;
members of the United States Power Squadrons; members of the United
States coast guard auxiliary; holders of public vessel licenses pursuant
to section sixty-four of this article; police officers, peace officers,
fire personnel, rescue personnel or lifeguards, when any such person is
acting pursuant to assigned duties; or licensed to operate vessels by
the United States coast guard or the Canadian coast guard. The
commissioner, by rule or regulation, may provide for the exemption of
additional persons not listed in this paragraph from the requirements of
this section.

b. The provisions of this subdivision shall supersede all local laws
or ordinances relating to requirements for boating safety certificates
to operate a mechanically propelled vessel.

c. For purposes of the section:

(i) "boating safety course" shall mean a course of instruction that
has been approved by the commissioner pursuant to sections seventy-five
and seventy-nine of this article; and

(ii) "boating safety certificate" shall mean a document which cannot
be altered and which is provided to a person who successfully completes
a boating safety course.

1-a. a. No person shall operate a personal watercraft or specialty
prop-craft upon the navigable waters of the state or any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk
counties unless the operator is fourteen years of age or older and the
holder of, or is accompanied by a person over eighteen years of age who
is the holder of a boating safety certificate issued by the
commissioner, the United States power squadrons, the United States coast
guard auxiliary, the United States sailing association for a
powerboating course or courses which are approved by the commissioner,
or other state or government, as a result of completing a course
approved by the commissioner.

b. No person who is the owner of a personal watercraft or specialty
prop-craft shall knowingly authorize or permit the operation thereof on
the navigable waters of the state or any tidewaters bordering on or
lying within the boundaries of Nassau or Suffolk counties unless the
operator is fourteen years of age or older and the holder of, or is
accompanied by a person over eighteen years of age who is the holder of
a boating safety certificate issued by the commissioner, the United
States power squadrons, United States coast guard auxiliary, the United
States sailing association for a powerboating course or courses which
are approved by the commissioner, or other state or government, as a
result of completing a course approved by the commissioner.

c. For the purposes of this subdivision "accompanied" shall mean upon
the vessel.

d. The provisions of this subdivision shall not apply to persons:
certified by the commissioner as boating safety instructors; members of
the United States power squadrons; members of the United States coast
guard auxiliary; holders of public vessel licenses pursuant to section
sixty-four of this article; police officers acting pursuant to assigned
duties; peace officers acting pursuant to assigned duties; lifeguards
acting pursuant to assigned duties; fire and rescue personnel acting
pursuant to assigned duties; and persons licensed to operate vessels by
the United States coast guard or the Canadian coast guard. The
commissioner by rule and regulation may provide for the exemption of
additional persons not listed in this paragraph from the requirements of
this section.

2. The failure of a person specified in subdivision one or one-a of
this section, to exhibit a boating safety certificate upon demand to any
magistrate, peace officer, acting pursuant to his or her special duties,
police officer, inspector of the state office of parks, recreation and
historic preservation, traveling navigation inspector or other officer
having authority to enforce the provisions of this chapter, shall be
presumptive evidence that such person is not the holder of such
certificate.

3. No person who is the owner of a mechanically propelled vessel shall
knowingly authorize or permit the operation thereof on the navigable
waters of the state or any tidewaters bordering on or lying within the
boundaries of Nassau and Suffolk counties, unless:

a. the operator is born on or before April thirtieth, nineteen hundred
ninety-six; or,

b. the operator is born on or after May first, nineteen hundred
ninety-six, is at least ten years of age and is the holder of a boating
safety certificate issued to him or her by the commissioner, the United
States Power Squadrons, the United States coast guard auxiliary, or the
United States sailing association for a powerboating course or courses
which are approved by the commissioner, or

c. the operator is younger than eighteen years of age, and is
accompanied on the mechanically propelled vessel by at least one person
eighteen years of age or older and is:

(i) the holder of a boating safety certificate issued to him or her by
the commissioner, the United States Power Squadrons, the United States
coast guard auxiliary, or the United States sailing association for a
powerboating course or courses which are approved by the commissioner,
or

(ii) not required by subdivision one of this section to hold a boating
safety certificate in order to operate a mechanically propelled vessel;
or

d. the operator is eighteen years of age or older, is a person
required by subdivision one of this section to hold a boating safety
certificate in order to operate a mechanically propelled vessel, and is
accompanied by a person who is at least eighteen years of age and is the
holder of a boating safety certificate.

e. The provisions of this subdivision shall supersede all local laws
or ordinances relating to requirements for boating safety certificates
to operate a mechanically propelled vessel.

4. Whenever any police officer or peace officer authorized to enforce
the provisions of this chapter having reasonable cause to believe that a
person is operating a vessel in violation of section forty-nine-a of
this article, or any other provision of this article for which a
suspension may be imposed, such officer may demand of such person his or
her name, address and an explanation of his or her conduct.

5. The provisions of subdivisions one, one-a and two of this section
shall not apply while the operator is actually preparing for or
competing in a regatta or boat race authorized under section thirty-four
of this chapter or for which a marine event permit has been issued by
the United States coast guard.

6. No person operating a vessel upon the navigable waters of the state
or on the tidewaters bordering on and lying within the boundaries of
Nassau or Suffolk county shall fail or refuse to comply with any lawful
order or direction of any police officer or peace officer acting
pursuant to his or her special duties. Failure or refusal to comply with
such lawful order or direction shall be a violation punishable as
provided for in subdivision seven of this section.

7. A violation of subdivision one, one-a, two or six of this section
shall constitute a violation punishable as set forth in section
seventy-three-c of this article.