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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9749
SPONSOR: Thiele TITLE OF BILL:
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
PURPOSE:
This bill exempts law enforcement and fire departments from laws which
regulate vessels on the navigable waters of the state while in the
course of responding to emergencies.
SUMMARY OF PROVISIONS:
Adds a new section 39-b of the Navigation Law to provide an exemption
from certain laws for law enforcement vessels responding to emergencies
on the navigable waters of the state.
JUSTIFICATION:
The New York State Harbormaster & Bay Constable Association have raised
a concern that NYS Navigation Law does not exempt bona fide law enforce-
ment agencies and fire departments from deviating from the State Law
when responding to emergencies or in pursuit of law enforcement activ-
ities. Such exemptions currently exist in the NYS Vehicle and Traffic
Law concerning police and emergency vehicles. This omission may become
an issue of liability on the part of State, County and Local government.
This legislation will remedy the situation.
LEGISLATIVE HISTORY:
S988/A2577 of 2021/22
S3012/A7931 of 2019/20
S1185/A7612 of 2017/18
S387-A/57087-A of 2015/16
S1504/A7656 of 2013/14 S922 of 2011/12
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9749
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. THIELE -- 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:
1 Section 1. The navigation law is amended by adding a new section 39-c
2 to read as follows:
3 § 39-c. Law enforcement and fire department vessels. 1. The operator
4 of a law enforcement or fire department vessel, when involved in an
5 emergency operation on the navigable waters of the state, may exercise
6 the privileges set forth in subdivision two of this section, but subject
7 to the conditions set forth in subdivisions three and four of this
8 section.
9 2. The operator of a law enforcement or fire department vessel may
10 disregard any law, rule or regulation of this state or any local law or
11 ordinance of a municipality of this state governing the movement or
12 turning of vessels upon such navigable waters.
13 3. The privileges granted to the operator of a law enforcement or fire
14 department vessel pursuant to this section shall apply only when audible
15 signals are sounded from any such vessel while in motion by bell, horn,
16 siren, electronic device or exhaust whistle as may be reasonably neces-
17 sary, and when the vessel is equipped with at least one lighted lamp so
18 that from any direction, under normal atmospheric conditions from a
19 distance of five hundred feet from such vessel, at least one blue or red
20 light will be displayed and visible.
21 4. The provisions of this section shall not relieve the operator of a
22 law enforcement or fire department vessel from the duty to operate such
23 vessel with due regard for the safety of all persons, nor shall such
24 provisions protect the operator from the consequences of his or her
25 reckless disregard for the safety of others.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08288-01-3
