Originally Posted by hellosailor
Tempest, in NYS, a pretty color brochure like the one from the parks department has no legal standing. The *only* laws are those put forth in the written statutes. If you go to court with the pretty book, the judge is under no obligation to look at it. What he is obliged to look at, is a properly certified copy of the DMV handbook, or other copy of the actual statutues.
Your DMV web page also has no legal standing, it is NOT the same as the statutes. You may also notice that it says:
"What if my boat is documented by the US Coast Guard?
You must register the boat in NYS if:
...the boat will be used on public waterways in NYS for 90 or more consecutive days."
See? Yes, the boat must be registered, but it must be registered according to the full statutes, which also happen to say it does NOT need to be registered unless it is in the waters for 90+ days. That may not seem right--but if you read the statutes, that's what they say. And ONLY the full statutes have legal standing. In this case, the NYS VTL, Vehicle and Traffic Law.
Our DMV and Tax Department even have conflicting web pages posted regarding who and how sales/use tax is applied to "vehicles" brought in from out of state. But the web pages don't matter, even if they misinform the public. Only the actual code matters.
And yes, I've corresponded with the DMV on this specific point. They said if the boat wasn't "on the waters" of NY for 90 days? No registration required.
Definitely not a problem. If you are legal in your home state, you are legal in NY state. However, if you are here more than 90? 180? days you will have to re-register the boat here, the same way that you would in almost every state. So make sure you spend a night OUT of NY after 89 days.
OTOH be careful about NJ. NJ passed a new law 2? years ago, requiring the operators of ALL motor vessels to either have a NJ operators certificate, or one from their home state. If your home state doesn't have or offer one...in theory you'd need to get a NJ certificate or stay out of Jersey waters. Some dumbie forgot to include "national" certificates (i.e. online boating courses) in their statute, although I strongly hope the NJ watercops would honor those anyway.
I'm pretty damned sure the NJ law violates federal laws for vessels in transit but have no desire to be the poster boy for that case.
This Statute? Article 48 - Vehicle and Traffic Law - Registration of Vessels
The NJ law was passed about 7 years ago, and was phased in up to june 2009
If you have a CG license, you are exempt, If you take an similar course issued by your home state and present the certificate you're covered. If you take a Power Squadron course, or Coast Guard Auxillary course you're covered...If you take an online course that is similar ( meaning Nasbla approved, or Nasbla modeled) and present a completion certificate you're covered.
I really don't see the onerous nature of taking a boating safety class.
Or operating a properly Registered or documented vessel.
Also, there's a difference between a Statute and a Regulation. If you note the Statute, I've posted above the last line says something like the commissioner may establish " regulations'