Section 49. Operator

1.  No  person  under the age of eighteen years shall
  operate a mechanically propelled vessel on the navigable waters  of  the
  state  or  any tidewaters bordering on or lying within the boundaries of
  Nassau and Suffolk counties, unless:
    a. the operator is accompanied therein by a  person  who  is  eighteen
  years of age or older, or,
    b.  the  operator  is ten years of age or older and is the holder of a
  boating safety certificate issued to him by the commissioner, the United
  States Power Squadrons or the United States coast guard auxiliary.
    1-a. a. No person shall operate a  personal  watercraft  or  specialty
  prop-craft  upon  the  navigable  waters  of the state or any tidewaters
  bordering on or lying  within  the  boundaries  of  Nassau  and  Suffolk
  counties  unless  the operator is fourteen years of age or older and the
  holder of, or is accompanied by a person over eighteen years of age  who
  is   the   holder   of  a  boating  safety  certificate  issued  by  the
  commissioner, the United States power squadrons, the United States coast
  guard auxiliary, or other state or government, as a result of completing
  a course approved by the commissioner.
    b. No person who is the owner of a personal  watercraft  or  specialty
  prop-craft  shall knowingly authorize or permit the operation thereof on
  the navigable waters of the state or  any  tidewaters  bordering  on  or
  lying  within  the  boundaries  of Nassau or Suffolk counties unless the
  operator is fourteen years of age or older and  the  holder  of,  or  is
  accompanied  by a person over eighteen years of age who is the holder of
  a boating safety certificate issued  by  the  commissioner,  the  United
  States  power  squadrons,  United States coast guard auxiliary, or other
  state or government, as a result of completing a course approved by  the
  commissioner.
    c.  For the purposes of this subdivision "accompanied" shall mean upon
  the vessel. Provided, however, that until January  first,  two  thousand
  nine, in relation to a person less than fourteen years of age who is the
  holder  of  a boating safety certificate issued by the commissioner, the
  United States power squadrons, United States coast  guard  auxiliary  or
  other  state  or government, accompanied shall also mean within view and
  not more than five hundred  feet  from  a  person  aboard  a  vessel  or
  personal watercraft, who is over eighteen years of age and the holder of
  a  boating  safety  certificate  issued  by the commissioner, the United
  States power squadrons, United States coast  guard  auxiliary  or  other
  state  or government, as a result of completing a course approved by the
  commissioner.
    d. The provisions of this subdivision  shall  not  apply  to  persons:
  certified  by the commissioner as boating safety instructors; members of
  the United States power squadrons; members of the  United  States  coast
  guard  auxiliary;  holders of public vessel licenses pursuant to section
  sixty-four of this article; police officers acting pursuant to  assigned
  duties;  peace  officers  acting pursuant to assigned duties; lifeguards
  acting pursuant to assigned duties; fire  and  rescue  personnel  acting
  pursuant  to assigned duties; and persons licensed to operate vessels by
  the  United  States  coast  guard  or  the  Canadian  coast  guard.  The
  commissioner  by  rule  and  regulation may provide for the exemption of
  additional persons not listed in this paragraph from the requirements of
  this section.
    2. The failure of a person specified in subdivision one  or  one-a  of
  this section, to exhibit a boating safety certificate upon demand to any
  magistrate, peace officer, acting pursuant to his or her special duties,
  police  officer,  inspector of the state office of parks, recreation and
  historic preservation, traveling navigation inspector or  other  officer
  having  authority  to  enforce  the provisions of this chapter, shall be

  presumptive evidence  that  such  person  is  not  the  holder  of  such
  certificate.
    3. No person who is the owner of a mechanically propelled vessel shall
  knowingly  authorize  or  permit  the operation thereof on the navigable
  waters of the state or any tidewaters bordering on or lying  within  the
  boundaries of Nassau and Suffolk counties, unless:
    a. the operator is eighteen years of age or older or,
    b.  the  operator is accompanied therein by a person eighteen years of
  age or older or,
    c. the operator is ten years of age or older and is the  holder  of  a
  boating safety certificate issued to him by the commissioner, the United
  States Power Squadrons or the United States Coast Guard Auxiliary.
    4.  Whenever any police officer or peace officer authorized to enforce
  the provisions of this chapter having reasonable cause to believe that a
  person is operating a vessel in violation  of  section  forty-nine-a  of
  this  article,  or  any  other  provision  of  this  article for which a
  suspension may be imposed, such officer may demand of such person his or
  her name, address and an explanation of his or her conduct.
    5. The provisions of subdivisions one, one-a and two of  this  section
  shall  not  apply  while  the  operator  is  actually  preparing  for or
  competing in a regatta or boat race authorized under section thirty-four
  of this chapter or for which a marine event permit has  been  issued  by
  the United States coast guard.
    6. No person operating a vessel upon the navigable waters of the state
  or  on  the  tidewaters  bordering on and lying within the boundaries of
  Nassau or Suffolk county shall fail or refuse to comply with any  lawful
  order  or  direction  of  any  police  officer  or  peace officer acting
  pursuant to his or her special duties. Failure or refusal to comply with
  such lawful order or  direction  shall  be  a  violation  punishable  as
  provided for in subdivision seven of this section.
    7.  A  violation of subdivision one, one-a, two or six of this section
  shall  constitute  a  violation  punishable  as  set  forth  in  section
  seventy-three-c of this article.