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LAKE GEORGE---More legislation which has evolved as the result of the capsizing of the tour boat Ethan Allen last fall on Lake George has been approved by the state Senate and sent to the Assembly.
A bill sponsored by Sen. Betty Little of (R-Queensbury) would make it illegal to operate a public vessel without the required number of crew onboard and would require that modifications made to public vessels be reported to and approved by the New York State Office of Parks, Recreation and Historic Preservation.
The 38-foot glass enclosed Ethan Allen owned by Shoreline Cruises Inc. of Lake George was hosting a group of senior citizens from Michigan and Ohio on an hour-long fall foliage tour along the Lake George shoreline on Oct. 2 when it capsized and sank in 70 feet of water, killing 20 of the 47 passengers on board. The National Transportation Safety Board is continuing its investigation into the cause of the accident and expects to release a preliminary report in the coming weeks.
State regulators suspended the licenses of all five vessels owned by Shoreline after it was learned that state boating regulations required that the Ethan Allen have two crew members. Commercial boats which carry 21 to 48 passengers must have two crew members.
The licenses for two smaller boats operated by Shoreline Cruises were suspended at first but the state then expanded the suspension to include two larger boats operated by Shoreline that carry 200 and 400 passengers.
The acting chairman of the National Transportation Safety Board has stated that he expects that investigators probing the fatal boating accident on Lake George last October will conclude that the cause of the tragedy were modifications made to the vessel affecting the stability and the weight on board at the time the vessel capsized.
Scarano Boat Builders of Albany had performed modifications to the tour boot including changing the canopy and installing plexiglass windows around the boat but Scarano said they weren't liable for the capsizing of the tour boat which took the lives of 20 senior citizens. They claimed that the Coast Guard acted improperly by certifying the boat's stability to carry 50 passengers some 40 years ago in 1966.
The Coast Guard has also denied liability.
Little's proposal would amend the New York State Navigation Law to require that, prior to making any modification to a public vessel's structure, or any modification or repair that may affect the boat's stability, a proposed modification plan be submitted by the boat owner to the Office of Parks, Recreation and Historic Preservation marine inspector. The marine inspector could require that an inspection be made to a vessel following any modifications to determine its seaworthiness.
The legislation would require that public vessels certified to carry 20 or more passengers be equipped with at least two means of exit on each deck.
The bill would make it illegal to operate a public vessel with less than the required crew members. The Office of Parks, Recreation and Historic Preservation determines the number of crew required when issuing a certificate of inspection, but there is no statutory penalty for operating a public vessel with too few crew members. Penalties would range from fines of $100 to $250 and a period of imprisonment of up to 15 days for a first violation to $750 and a jail term of up to 90 days for multiple infractions.
The bill also would require that public vessels be equipped with either a VHF radio or operating cell phone, and that vessels certified to carry more than 49 passengers have marine radar for surface navigation, which is similar to requirements of federally regulated public boats.
"These are reasonable measures to keep people safe while they enjoy public boat rides on our many wonderful waterways," said Little. "Last year's tragic boating accident on Lake George brought the issue of boater safety to the forefront. Our public boats provide a great service, attracting thousands of tourists to our state and generating millions of dollars in revenue. This legislation will benefit everyone -- our boat owners and operators, their employees and the boating public." 6-22-06
© 2006 North
Country Gazette
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