N.Y. Comp. Codes R. & Regs. tit. 9 § 451.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 451.7 - Definitions

(a) Boating safety certificate means the permanent agency-issued wallet-sized, card that includes the name of the operator; boating safety certificate number; operator's date of birth, sex and eye color; and issue date. It satisfies the requirements of subdivisions (1) and (1-a) of section 49 of the Navigation Law. It includes the temporary boating safety certificate that the instructor awards to the operator that is valid for only 90 days.

(b) Commercial organization means an organization that is affiliated with more than one commercial instructor and has received a certification from the agency to coordinate instruction in the New York Safe Boating Course. The commercial organization must have a manager or owner who is responsible for charging a fee to students, managing recordkeeping, registering students for classes, transacting business with the agency on behalf of the commercial organization's affiliated instructors and ensuring that its instructors implement the course requirements, the Navigation Law and this section, and that they comply with the New York Safe Boating Instructor Guide.

(c) Course means the New York safe boating course that includes the requirements described in section 451.6 of this Part.

(d) Course attendance form means the roster and information for all students registered for a safe boating course. It includes the students' attendance records, test scores, issued student record form numbers, the course commencement and completion dates, name and location of the training facility, the lead instructor's name and identification number and the names of other instructors, instructors-in-training or persons who assisted in teaching the course. The number of entries on this form must match the number of students that were in attendance at the course commencement and the number of student record forms submitted to the agency for that course.

(e) Exemption means a valid certification, license, membership or status described in section 451.5 of this Part.

(f) Fraudulent practice means any conduct or representation of the instructor that could induce another to believe or conveys the impression to a reasonable person that a boating safety certificate or other privilege granted at the discretion of the agency could be obtained in any way other than as described in this Part. It also means collecting, requesting, accepting or exacting money or other compensation or fees for the course in a manner different from what is allowed in this Part.

(g) Instructor means a person who has a valid certification issued by the agency that indicates he or she is qualified to teach the course.

(1) A volunteer instructor teaches the course but does not charge the student a fee. The volunteer instructor may collect a nominal proportional custodial or room use charge from the student that may be assessed by the host training facility, or may collect a nominal discretionary donation from a student who voluntarily wishes to contribute to the not-for-profit organization that is sponsoring the course, or may collect both a charge and a donation. The agency may require an entity to submit documents that evidence its status as a training facility or not-for-profit organization.

(2) A commercial instructor teaches the course and charges the student a fee directly or is affiliated with a commercial organization that charges the student a fee.

(h) Operator means a person who operates a vessel or personal watercraft.

(i) Personal watercraft means a craft that is less than 16 feet in length, propelled by a water jet pump as its primary source of motor propulsion and designed to be operated by a person who sits, stands, or kneels on it rather than designed to be operated by a person who sits or stands inside it. For purposes of this Part it also includes specialty prop-craft as defined in subdivision 31 of section 2 of the Navigation Law.

(j) Safe boating principles mean operating a vessel or PWC in a prudent manner as outlined in the course materials and textbook supplied by the agency.

(k) Student record form means a document that includes the following three parts:

(1) a temporary boating safety certificate that may be used for 90 days;

(2) a student application for a permanent boating safety certificate; and

(3) a record of class attendance with the graded final examination and student and instructor's affirmations and signatures.

(l) Training facility means a room that is:

(1) located in a school, library, office, or portion of a building that is used for commercial, public, educational, charitable and non-residential activities;

(2) clean, adequately lighted, heated and ventilated and free from any visual or audible distractions;

(3) provided with adequate toilet facilities for all students, including persons with disabilities;

(4) capable of seating all enrolled students at desks or tables;

(5) equipped with adequate chalkboards, whiteboards or flipcharts that are clearly visible from all seating areas and with all other facilities necessary for adequate presentation of course materials;

(6) accessible to persons with disabilities.

(m) Vessel means any floating craft as defined in subdivision 6 of section 2 of the Navigation Law, however, for purposes of this Part only it excludes personal watercraft (defined here separately), a rowboat, canoe, kayak or crew racing shell.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 451.7