On The Water
Nav. Law § 40 — under twelve in the jacket, everyone from November to May, and .08
In New York, the navigation law sets the equipment a boat carries, who wears a jacket and when, and the alcohol offenses for anyone operating a vessel.
Under twelve wears one, unless in a cabin. No person operates a pleasure vessel of Class A, one, two or three, or a rowboat, canoe or kayak, while it is underway unless each person under the age of twelve is wearing a securely fastened coast guard approved wearable device of appropriate size, unless that person is within a fully enclosed cabin.
Everyone, from November first to May first. Between November first and May first, the owner or operator of a pleasure vessel less than twenty-one feet, including rowboats, canoes and kayaks, may not permit its operation unless each person on board is wearing a securely fastened approved wearable device while underway.
What is aboard. Every pleasure vessel, rowboat, canoe and kayak carries a wearable device for each person, and a pleasure vessel sixteen feet and greater also carries a throwable one. An equipment violation carries a fine of not less than twenty-five nor more than one hundred dollars.
.08, and a child aboard. No person operates a vessel other than a public vessel with .08 of one per centum or more by weight of alcohol, a public vessel with .04 or more, while intoxicated, or while impaired by a drug, a misdemeanor punishable by up to one year or a fine of five hundred to one thousand dollars. Operating while impaired by alcohol is a lesser offense, and an operator sixteen or older who commits the .08, intoxicated or drug offense with a child fifteen years of age or less aboard commits a separate violation.
| The assumption | What the law actually does |
|---|---|
| The assumptionLife jackets are only for children | What the law actually doesFrom November first to May first, everyone aboard a pleasure vessel under twenty-one feet wears one |
| The assumptionA kayak needs no equipment | What the law actually doesEvery rowboat, canoe and kayak carries a wearable device for each person |
Registration and numbering, boating education, the rest of the equipment rules and the higher penalties for repeat offenses are not all on this page. What a particular citation carries is a question for a licensed New York attorney.
Sources for this section (2)
- Nav. Law § 40 — Equipment
- Nav. Law § 49-a — Operation of a vessel while under the influence of alcohol or drugs
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.