Brianna’s Law: Certificate, Exemptions, and Penalties

Brianna’s Law requires everyone who operates a motorized vessel on New York waters to carry a valid Boating Safety Certificate. The universal requirement took full effect on January 1, 2025, after a five-year phase-in, so age and experience no longer matter. If you run a motor on New York waters without the certificate, you are breaking the law.¹

Who Has to Carry a Certificate

The rule covers traditional motorboats, personal watercraft such as jet skis, and specialty propeller-driven craft.² If it has a motor and you are operating it, you need the card.

During the 2020 through 2024 rollout, the requirement applied by birth year, starting with younger boaters. That phase is over. Every operator is now covered regardless of when they were born.

New York accepts equivalent credentials from other jurisdictions. A boating safety certificate issued through a state-approved or NASBLA-approved course in your home state is valid on New York waters, as are U.S. Power Squadrons and U.S. Coast Guard credentials.³

Who Is Exempt

A few groups do not need the standard certificate because their existing training already exceeds it:

People licensed to operate vessels by the U.S. Coast Guard or Canadian Coast Guard
Certified boating safety instructors
Members of the U.S. Power Squadrons and Coast Guard Auxiliary
Holders of a current public vessel license
Police officers, peace officers, fire and rescue personnel, and lifeguards acting in their official capacity

Rentals get a narrow carve-out. If you are over 18 and renting a motorboat from a livery, you can operate without a certificate.² Renters under 18 still need one. For personal watercraft rentals, an uncertified renter over 18 can only operate in a restricted area near the rental location under supervision.⁴

Rules for Young Operators

The minimum age to take a New York boating safety course is 10.² Holding the certificate is not the whole story for minors. An operator under 14 with a certificate still needs an adult on board. At 14 and up, a certified young boater can operate independently.

How to Get the Certificate

You complete a New York state-approved boating safety course and pass the final exam. Approved courses are available online and in person through the New York State Office of Parks, Recreation and Historic Preservation, the U.S. Coast Guard Auxiliary, and other approved providers.⁵

At least one approved online course, from the BoatUS Foundation, is free. Passing gets you a temporary certificate valid for 90 days. After that, you need the permanent plastic card, which costs about $15, or a New York Adventure License at $13.50. Other online providers generally charge $25 to $35 for the course.

Once issued, the certificate is good for life. No renewal, no refresher. One catch trips people up: you must carry the original physical certificate on you or on board while operating.⁵ A photo on your phone does not count. If you lose the card, order a replacement before your next trip.

Penalties for Operating Without One

Operating without a valid certificate is a violation under New York Navigation Law, and the penalties climb with repeat offenses inside a rolling 24-month window:⁶

First offense: $100 to $250, up to 7 days in jail, or both
Second offense within 24 months: $250 to $500, up to 15 days in jail, or both
Third or subsequent offense within 24 months: $500 to $1,000, up to 30 days in jail, or both

Jail time is on the table even for what looks like a paperwork issue. Marine patrol and peace officers can issue citations during routine safety checks or after any on-water incident, and an officer who considers you a safety risk can stop your trip on the spot. A conviction also becomes visible to insurers, who often discount premiums for certified operators.

Boating Under the Influence

New York enforces alcohol limits on the water at the same 0.08% threshold used for motor vehicles. Public vessel operators are held to 0.04%.⁷ Charges split between boating while ability impaired (below 0.08% but still affected) and boating while intoxicated (0.08% and up):

Boating while ability impaired, first offense: $300 to $500, up to 15 days in jail, or both
Boating while ability impaired, second offense within 5 years: $500 to $750, up to 30 days in jail, or both
Boating while ability impaired, third offense within 10 years: a misdemeanor, $750 to $1,500, up to 180 days in jail, or both
Boating while intoxicated, first offense: a misdemeanor, $500 to $1,000, up to one year in jail, or both
Boating while intoxicated, second offense within 10 years: a class E felony, $1,000 to $5,000, and possible state prison time

Operating while intoxicated or under the influence of drugs with a child 15 or younger aboard is charged as a separate, more serious offense.⁷

Where the Law Came From

The statute is named for Brianna Lieneck, an 11-year-old killed on August 17, 2005 when a 25-foot Grady-White struck her family’s Bayliner at full throttle off Long Island. Both her parents were hospitalized with serious injuries, including brain trauma.⁸ The operator of the other vessel had no formal safety training. Brianna’s mother, Gina Lieneck, pushed for mandatory boater education for 14 years before the bill was signed on August 9, 2019.¹

1
New York State Senate. Senate Bill S5685
2
New York State Office of Parks, Recreation & Historic Preservation. Boating
3
United States Coast Guard. Education Reciprocity Table
4
Justia Law. New York Navigation Law NAV 73-A – Regulations of Personal Watercraft and Specialty Prop-Craft
5
New York State Office of Parks, Recreation & Historic Preservation. Boating Education
6
Justia Law. New York Navigation Law NAV 73-C – Violations
7
New York State Senate. New York Navigation Law 49-A
8
New York State Assembly. A04853 Summary