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GOVERNOR SPITZER SIGNS LEGISLATION STRENGTHENING PUBLIC VESSEL SAFETY REQUIREMENTS
Stricter Penalties for Violations Also Established

Governor Eliot Spitzer today signed legislation dramatically increasing public vessel safety throughout New York State. The law updated vessel safety requirements that had not been revised in several decades, to reflect current equipment and safety standards. This legislation was proposed in response to the capsizing of the Ethan Allen on Lake George in 2005.

“The revisions made by the legislation signed today will help to ensure the safety of passengers and crew members while boating on state waters,” said Governor Spitzer. “New York’s waterways are among the most beautiful in the world and those who board a public vessel to enjoy these natural resources should be able to do so safely.”

Assembly Speaker Sheldon Silver said, “This legislation makes much-needed changes to New York’s Navigation laws. By establishing new equipment and inspection requirements and holding those who violate these laws accountable; all who travel New York’s waterways will be safer. I commend Assemblyman Gantt for his leadership and commitment in advancing these critical reforms.”

Senate Minority Leader Malcolm A. Smith said: “Like any other form of transportation, boating can be a pleasurable way to explore the beauty of our state, provided it is done on vessels that are safe and reliable. By signing this bill, the Governor has joined legislators in sending a strong message to boat operators that New York is serious about water safety and expects their boats to conform to the high standards put forth in this legislation.”

Senator Betty Little said: “I will never forget the terrible scene when I arrived at Lake George shortly after the Ethan Allen had capsized. I am very pleased that today we are doing something to prevent the tragic loss of life I witnessed that day from ever occurring again on our New York waterways. These reasonable measures will help keep passengers safe and will strengthen public boating which, in many regions of New York including the Adirondacks, is a very important part of our tourism industry.”

Assemblyman David Gantt said: “The capsizing of the Ethan Allen in 2005 was both a heart-wrenching tragedy and a wake-up call concerning the urgent need to enhance the safety of the public vessels traversing the waters of New York. The new regulations and penalties contained in this bill will help to ensure that similar loss of life will never happen again in this state.”

New York State Parks, Recreation and Historic Preservation Commissioner Carol Ash said: “Our State’s stunning waterways offer innumerable opportunities for the public to enjoy boating. This law puts important and significant protections into place and will help ensure the safety of passengers and crew on public vessels in New York State.”

The revisions made to the Navigation Law relate to public vessel design, inspection, crew staffing and equipment. Under the new legislation:

• Public vessels certified to carry more than 20 passengers are required to be equipped with a minimum of two functional and unobstructed means of egress from each deck
• The operation of a public vessel with less than the required number of crew members as specified in the vessel’s certificate of inspection or permit is prohibited
• Public vessel owners must notify a marine inspector of proposed repairs or modifications to a vessel’s structure or engineering plant, as well as any other modification that might impact a vessel’s stability, seaworthiness or safe operation, and operation of a vessel in contravention of an inspector’s directive is prohibited
• Public vessels certified to carry more than 10 passengers must be equipped with a very high frequency marine radio or operational cellular phone service, to enable the vessel to call for assistance, and vessels certified to carry more than 65 passengers must have radar.

The legislation also increases the penalties that may be imposed for violations of the Navigation Law.

The Spitzer Administration proposed two additional bills related to public vessel safety this year. One required vessel owners to carry specified amounts of liability insurance coverage; the other mandated the administration of a chemical test to a vessel operator involved in a serious vessel accident.

Governor Spitzer added “It is my hope that the Legislature will complete this important work by passing these bills to ensure that the public is protected from future vessel tragedies such as the horrific accident involving the Ethan Allen.”