Brianna's Law and Sag Harbor Charters: Who Needs What

Do charter guests need a NY boating safety certificate? What Brianna's Law means for charters, rentals and groups, plus captain credentials to check before booking.

Brianna's Law changed who can drive a powerboat in New York, and it raises a fair question for anyone booking a day on the water out of Sag Harbor: do you need a boating safety certificate to go on a charter? Usually not. What matters is who is at the helm, and on a charter that should be a licensed captain. This guide covers the charter side of the law: when guests need nothing, when a certificate does come into play, and which captain credentials to check before you book.

Short answer: On a captained charter, the captain is the operator, so guests don't need a certificate. If you'll be driving the boat yourself, the law applies to you. For the full rules on getting certified as an owner-operator, see our sister guide on the NY boating safety certificate for East End boaters.

Brianna's Law in one paragraph

Since January 1, 2025, everyone operating a motorized vessel in New York, including personal watercraft, must carry a boating safety certificate earned through a state-approved course. The certificate is good for life. Paddlers and sailors under sail alone aren't covered, and holders of a U.S. Coast Guard captain's license operating under that license are exempt. Confirm current details with NY State Parks before the season.

Four ways to get on the water, and what each requires

Your tripWho operatesDo you need a certificate?
Captained charter (sunset sail, fishing trip, private cruise)The licensed captainNo
Renting a motorboat from a rental business, age 18+YouGenerally no, if the business gives the required safety instruction before you leave
Renting a motorboat, under 18YouYes
Borrowing a friend's boat or taking the wheel yourselfYouYes (an approved out-of-state card is accepted)

One gray area: some "bareboat" or self-drive arrangements call themselves charters. If nobody licensed is aboard and you're steering, you are the operator. Ask the company in writing whether its rental exemption covers you or whether you need your own certificate.

The credential that matters on a charter: the captain's

Since guests don't need paperwork, the real check is on the captain and the boat. Federal rules set two common tiers for carrying paying passengers:

  • Six-pack (OUPV) license: lets a captain carry up to six paying passengers on an uninspected vessel. Most small sunset and fishing charters in Sag Harbor run this way.
  • Master license plus Certificate of Inspection: needed to carry seven or more paying passengers. The boat itself must be Coast Guard inspected and hold a Certificate of Inspection (COI), which states how many passengers it may carry.

So if your group is larger than six, you need an inspected vessel with a Master-licensed captain, not just a bigger boat. A captain who offers to "squeeze in" a seventh paying guest on a six-pack boat is a red flag.

Questions to ask before you book

  1. Is the captain Coast Guard licensed, and at what level (six-pack or Master)?
  2. For groups of seven or more: does the boat have a current Certificate of Inspection, and what passenger count does it allow?
  3. Does the operator carry passenger liability insurance?
  4. What is the weather and cancellation policy? Afternoon wind on Gardiners Bay can change plans.
  5. Where do you board, and where do guests park in the village?

Reputable captains answer these without hesitation. You can compare operators in our Sag Harbor boat charters directory, or send a booking request with your date and group size.

Charter-specific situations

Bachelorette parties and big groups

Count everyone who is paying, including the guest of honor. Seven or more means an inspected vessel. Splitting one group across two six-pack boats is a common workaround; ask whether the captains run in tandem.

Fishing charters

The captain handles the license to operate. New York's Recreational Marine Fishing Registry applies to saltwater anglers 16 and older, and for-hire boats often hold a registration that covers their customers. Ask your captain whether you need to register.

Learning to drive

Some captains let guests take the wheel under direct supervision. The captain remains the operator of record, but ask before you assume it's allowed.

Not legal advice. Rules change; confirm current requirements with NY State Parks and the U.S. Coast Guard. Not for navigation; confirm with the harbormaster or your captain.

FAQ

Do charter guests in Sag Harbor need a boating safety certificate?

No. On a captained charter the licensed captain operates the boat, so guests don't need any certification.

How many people can go on a six-pack charter?

Up to six paying passengers. Groups of seven or more need an inspected vessel with a Certificate of Inspection and a Master-licensed captain.

Can I rent a boat and drive it myself without a certificate?

Adults 18 and older renting from a rental business generally can, provided the business gives a safety briefing first. Under 18, or on a borrowed boat, you need a certificate.

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