§ 73. Towing of persons. 1. No person shall operate a vessel for
towing a person unless there is upon such vessel a person, other than
the operator, of at least ten years of age, in a position to observe the
progress of the person being towed.

2. No person shall be towed or use or operate a vessel to tow a person
during the period from sunset to sunrise provided, however, that the
provisions of this subdivision shall not apply to a paid performer
engaged in a professional exhibition.

3. No person shall be towed by a vessel without wearing a securely
fastened United States Coast Guard approved personal flotation device
and no person shall use or operate a vessel to tow a person not in
compliance with this subdivision; provided, however, that the provisions
of this subdivision shall not apply to a paid performer engaged in a
professional exhibition.

4. The provisions of subdivision one of this section shall not apply
to a vessel operated or controlled by the person being towed by such
vessel, the design of which makes no provision for carrying an operator
or observer on board. Such a vessel may not, however, be operated unless
(a) it is registered and an assigned number permanently displayed
thereon in accordance with sections twenty-two hundred fifty-one and
twenty-two hundred fifty-four of the vehicle and traffic law; (b) it is
equipped with an automatic shut-off mechanism activated whenever the
operator is separated from the towing device; (c) it is equipped with a
fire extinguisher and flame arrester attached to the motor; (d) the
motor compartment is properly ventilated; (e) all persons being towed
are wearing a securely fastened United States Coast Guard approved
personal flotation device at all times of operation; and (f) other
safety provisions required by section forty of this article, except the
requirements of subdivisions two and three thereof relating to the use
of whistles and anchors.

4-a. No person shall operate or manipulate any vessel or device for
towing a person in such a way as to cause such device or any person
utilizing such device to collide with or strike any object or person.
The provisions of this section do not apply to collisions of two or more
persons or devices being towed behind the same boat nor to collisions
with ski jumps, buoys and similar objects normally used in competitive
or recreational water skiing.

5. No person shall operate or manipulate a device for towing a person
or be towed in a reckless or negligent manner so as to endanger the
life, limb, or property of any person.

6. Any person violating any provision of this section shall be guilty
of a violation punishable as set forth in section seventy-three-c of
this article.

7. For the purposes of this section: (a) to tow a person shall mean
the towing of a person, including utilizing a device, on the navigable
waters of the state or any tidewaters bordering on or lying within the
boundaries of Nassau and Suffolk counties, but shall not include the
towing of persons in a vessel to which assistance is being rendered; and
(b) a device shall include, but not be limited to, water skis, a tube, a
surfboard, a tow rope, an aquaplane, a parasail, or a related device.