On November 1 of this year, a new state law in New York took effect. This law, intended to help protect boaters, requires that all occupants of a recreational watercraft that’s shorter than 21 feet in length must wear a personal flotation device. The law applies to all sorts of recreational watercraft, including canoes, sailboats, kayaks, motorboats and rowboats.
This new restriction was signed into law in August of this year. It applies to boating activities between November 1 and May 1 of each year.
The law came as a response to a series of off-season boating fatalities prior to the summer. In these accidents, boaters were on small boats and weren’t wearing a personal flotation device. In a typical year, only about a quarter of boating fatalities in the state of New York tend to occur in the off season.
In 2008, there were 21 boating fatalities. Five of these occurred during cold water conditions, including one particular incident in Sullivan County in October in which three people died. The statistics in 2007 were more compelling. That year also saw 21 fatalities due to boating, eight of which occurred in cold water situations.
State officials, from the New York State Office of Parks, Recreation and Historic Preservation Commissioner Carol Ash to State Senator Antoine have supported this legislation. They argue that cold water presents a unique danger to boaters, and that off-season boaters need to be especially prepared for what can come their way.
Cold water, which is considered to be water that’s less than 68 degrees, can cause a number of problems. It can cause a sudden cardiac arrest, for example. It can lead to the loss of swimming ability and reduce a person’s grip strength. Eventually, cold water can lead to hypothermia and unconsciousness. When you combine all of that with a general scarcity of other boats on waterways during the off season that could help a boater in trouble, it’s a deadly mix.
Temperature in the water is often much lower than the temperature of the air. Even a warm sunny day in late fall can create waterways that are deceptively cold due to nighttime freezing temps and the shorter time in the sunlight that inevitable occurs.
According to the new law, everyone on the boat is required to wear a personal flotation device that’s approved by the U.S. Coast Guard. It must be of a size appropriate to the wearer, and it must be worn any time the boat is under way. Boaters on lakes, rivers, streams and any other waters in the state are subject to the law. The exception is boaters that are on privately owned waters, as well as commercial boats and members of an organized boat racing team.
Children under the age of 12 are also required to wear a personal flotation device when they’re on any boat shorter than 65 feet in length unless they’re inside a fully enclosed cabin.
As always, carrying boating insurance will help protect you and your passengers in the event that there is an accident of some sort.