N.Y. NAV Law § 71-D

§ 71-d. Liveries; safety regulations; penalty. 1. No livery operator\nshall knowingly lease, hire or rent a vessel to any person:\n (a) When the number of persons using the vessel shall exceed the\nnumber deemed to constitute a maximum safety load for said vessel,\naccording to its capacity plate or industry-accepted standards.\n (b) When the manufacturer's rated horsepower of the motor exceeds the\ncapacity of the vessel, making the vessel unsafe to operate.\n (c) When the vessel does not contain the equipment required by its\nrespective class, as provided by section forty.\n 1-a. Notwithstanding subdivision one of section forty-nine of this\narticle, a livery may lease, hire or rent a mechanically propelled\nvessel, except a personal water craft or specialty prop craft, to a\nperson who is not the holder of a boating safety certificate if:\n (a) the person is eighteen years or older;\n (b) the operator of such livery or his or her designated agent, is the\nholder of a boating safety certificate, and prior to permitting the use\nby such person of the vessel explains and demonstrates to such person by\nvideo or actual in water demonstration the operation of such vessel, and\nthe use and location of such vessel's safety equipment;\n (c) such person, after receiving the explanation and demonstration\nrequired pursuant to paragraph (b) of this subdivision, demonstrates to\nthe livery operator or the livery operator's designated agent the\nability to operate such vessel and use the applicable safety equipment;\n (d) such person presents genuine proof of identification and age to\nthe livery operator;\n (e) the livery operator or the livery operator's designated agent, at\nthe time of the leasing, hiring, or renting, records the name, address,\nand age of the operator of the leased, hired or rented vessel. Such\nrecords shall be maintained for a period of not less than one year; and\n (f) the vessel is not leased, hired or rented to the same person for a\nperiod exceeding sixty days.\n 2. Any person convicted of violating this section shall be guilty of a\nviolation punishable by a fine of not less than twenty-five nor more\nthan one hundred dollars.\n