2015 New York Safe Boating - 52

Even if the person who falls overboard manages to avoid the
prop,	he	or	she	risks	injury	and/or	drowning.		For	example,	
a person may strike his or her head on the underside of
the boat and be rendered unconscious. It may take a few
moments to turn the boat around to pick up the person
overboard. All these risks are magnified if the boat is moving
quickly.

Underage Drinking While Boating
You risk more severe consequences if you drink alcohol
while boating and you are under 21. If your blood alcohol
content (BAC) is between 0.02 and 0.07 and you are under
21, penalties can include a loss of operating privileges for
6 months and a fine of $125 for the first offense. If you
commit a second offense, you may suffer a loss of operating
privileges for one year or until age 21, whichever is longer. If
your BAC is greater than 0.07 you are subject to prosecution
under the BWI statutes.

Boating While Intoxicated
Boating while under the influence of alcohol or drugs is
illegal and dangerous. Their effects intensify on the water
and even small amounts can greatly impair function.
Alcohol affects three critical areas: balance coordination
and judgment. Environmental stressors such as glare, heat,
vibration and engine noise can magnify these affects.

Local Laws
New York State Law allows cities, towns, and villages to
regulate speed and boat operations out to 1500 ft from
shore. To find out what the local laws are in your area,
contact the local marine patrol or local government.

Law Enforcement
Several different law enforcement agencies enforce the
federal and state navigation laws. The US Coast Guard
patrols the joint jurisdictional waters while enforcing federal
laws. The State Park Police, State Police, Department of
Environmental Conservation, as well as county and local
agencies work together to ensure compliance with state and
local	laws.		Violations	of	state	and	federal	statutes	carry	fines	
and/or	imprisonment.

Alcohol can induce recklessness because it depresses the
ability to process information from various sources. You may
develop a "tunnel vision" perspective blocking out critical
visual information. In addition, your ability to judge speed
and distance becomes impaired which limits your ability to
track objects. It also reduces your night vision. You can
lose the ability to differentiate between red and green. An
intoxicated	operator	is	a	dangerous	operator.

All 50 states are presently cooperating in an attempt to
develop uniform boating laws. Ideally, as you travel from
state to state by water, you will encounter the same laws
as you go. New York State has entered into a conformity
agreement with the federal government which means that
local enforcement officers can enforce state law on all waters
of the state, including those waters in New York that are
classified as navigable waters of the United States.

A large portion of boating fatalities, over 60% in New York
between 2005 and 2013, are a result of drowning. A boat
is an unstable platform rocking in the winds and waves.
Simple tasks such as climbing a ladder or even reaching for
your sunglasses may become challenging if you are impaired.
Drinking also affects your ability to act quickly should you fall
overboard. Falling into the water can cause disorientation
and it can make it more significantly more difficult to put on
a PFD.

Navigable waters of the United States are those that allow
a boat traveling them to go from one state to another, or to
the	high	seas.	For	example,	traveling	on	the	New	York	State	
Barge Canal a boater can reach Ohio from Montauk without
leaving the water. Federal law enforcement officers, usually
the US Coast Guard, are responsible for enforcing federal law

Different drugs affect your body in different ways. Even over
the counter drugs can cause impairment. It is important to
understand how a particular drug will affect you and not to
operate while your ability is impaired in anyway by any drug.
It is illegal in New York State to operate a boat while your
ability is impaired by the use of alcohol or drugs. A person
with a blood alcohol level (BAC) of 0.08 percent or greater is
considered	to	be	intoxicated.		The	penalties	for	intoxication	
and impairment, whether by alcohol or drugs, have penalties
that mirror that of DWI. The penalties are severe. They
include fines and imprisonment. Additionally if you are
stopped for suspicion of impaired operation and refuse to
volunteer to submit to a breath test, your privilege to operate
a boat will be immediately suspended pending a
hearing.
52



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