It’s back to school time soon for all New York State boat owners and operators.
Starting in 2020, assuming the Governor signs a bill already passed in the Assembly and the Senate, NY will require all owners and operators of motorized boats – from small boats with outboard motors to the big cabin cruisers – to take a safe boating course, regardless of how long they have owned and operated a boat. That will also include users of personal watercraft such as jet skis to pass the course as well.
That’s because the New York State Legislature has approved a new law, Brianna’s Law, which was created in memory of Brianna Lieneck, an 11-year-old killed in 2005 when another boat smashed into her family’s cabin cruiser off the coast of Long Island.
The New York State Senate approved the legislation in May and the state Assembly approved it in June, and Gov. Andrew Cuomo has signaled that he will sign it into law. The new law is expected to take effect on Jan. 1, 2020, but there will be a five-year phase-in period to be announced when the law is signed.
A state law approved in 2014 said that anyone born after May 1, 1996, has to successfully complete a state-approved boater education course before operating a motorized boat or personal watercraft.
The new law removes that date and will require anyone of any age who owns and operates a motorized boat or personal watercraft to pass a state class.
The state says there are approximately 450,000 registered powerboats statewide.
The courses provide training on boat handling, use of navigation instruments and floatation devices, as well as relevant state laws concerning boating operation and safety. There is a five-year phase-in to allow boat operators adequate time to comply with this new requirement.
Owners and operators will be able to take certified safety classes online or in a classroom. Costs can range from $10 to $60, state officials said. The boating safety courses must be approved by the commissioner of the state Office of Parks, Recreation and Historic Preservation.
Do you have enough insurance on your boat?
Before boaters and personal watercraft users leave the shore this summer, they should check their boaters insurance policy – which all boaters on the Finger Lakes should have – to be sure they are protected.
Insurance isn’t required in New York State, but most boaters and personal watercraft users I know get insurance to protect their cherished (and often expensive) investments. Many people think their homeowners’ insurance policy covers their boat or personal watercraft, but it doesn’t. If it does, the coverage is limited to smaller vessels like canoes and small sailboats.
In my experience, most boaters spend more money protecting their boats than the people on their boats. Peter Wallin of Wallin Insurance in Elmira agrees.
Peter Wallin.
“Most people don’t have enough liability insurance on their boats or personal watercraft,” Peter said. “God forbid someone trips and falls on your boat, or worse, there is a crash with injuries. The boat owner could get sued. Liability coverage is the most important coverage boaters can have.”
So how much should they have? Without hesitation, Peter said, “They need $1 million in liability coverage.”
It sounds like a lot, but for those who can afford boats and personal watercraft, it’s important to make that investment. You are protecting the people who are on your boat, your family and friends, and protecting yourself if there are injuries on your boat or a crash with another boat, a dock, a bridge or something else.
Boating is great fun, but it can be dangerous, too. Alcohol flows freely on many boats. Maybe not on your boat, but how about the boat approaching you and going too fast?
Years ago, I represented a young boy from Watkins Glen who was nearly killed when he was run over by another boat while waterskiing. This little boy suffered horrible injuries and his family faced massive medical bills. Thankfully, the boat that hit him was well-insured and the insurance carrier for the boat, rather than the negligent boat driver out of his own pocket, paid a very substantial settlement to the boy.
That case brought home to me the very real importance of carrying high liability insurance limits on any boat or jet ski. No one wants to see anyone hurt, but when these collisions occur, the costs can be huge.
Thanks for reading,
Jim
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 Lawyer of the Year”