BUFFALO, N.Y. (WKBW) — With warmer weather here, many people will be touring Buffalo and Niagara Falls from the water. But who is responsible for keeping you safe?
These questions come one week after a deadly accident, on the Lockport Cave Underground Boat Tour.
The I-Team has exposed a lack of oversight for tour boats, like those used in the Lockport Cave. There isn't a single New York State agency that regulates the company because it uses "non-public, non-navigable waterways."
But there are at least two companies —The Maid of the Mist and Miss Buffalo— operating in public waters.
The I-Team has discovered, both are regulated by the United States Coast Guard. They are required to follow a number of standards, including having a certain number of life jackets on board.
"Maid of the Mist follows United States Coast Guard maritime regulations," a spokesman for the company wrote in a text message to the I-Team.
"We are federally regulated by the USCG because we are on the Great Lakes," Ryan Hayhurst, Vice President of Buffalo Harbor Cruises wrote in an e-mail.
The Coast Guard mandates every boat used by the Maid of the Mist or Miss Buffalo, be inspected and have "a valid U.S. Coast Guard Certificate of Inspection."
According to U.S. Coast Guard rules, "when any passengers are aboard during the tenure of the certificate, [the boat must] be in full compliance with the terms of the certificate."
In most cases, a Certificate of Inspection is valid for five years.
There also has to be a valid Certification Expiration Date Sticker posted on the boat that is visible to each passenger boarding the boat. It also has to be visible to USCG patrols.
How often is the boat inspected?
The USCG requires each boat to be inspected on a yearly basis. Coast guard rules explain:
The scope of the annual inspection is the same as the inspection for certification but in less detail unless the cognizant marine inspector finds deficiencies or determines that a major change has occurred since the last inspection. If deficiencies are found or a major change to the vessel has occurred, the marine inspector will conduct an inspection more detailed in scope to ensure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the annual inspection, the marine inspector will endorse your current Certificate of Inspection.
How you do know how many people are allowed on at once?
There are very specific rules for how the coast guard figures out how many people are allowed on a regulated vessel.
According to federal regulations, rail space, deck space and seating are all taken into account.
In general, for available rail space:
- regulated vessels are allowed to have one person for every 30-inches of rail space on the outside of the deck
For available deck space:
- regulated vessels are allowed to have one person for every ten square feet of space
For available seating space:
- regulated vessels are allowed to have one person for every 18-inches of width of fixed seating
What about life saving equipment?
According to USCG rules, the boat's Certificate of Inspection requires a certain number of rescue craft be carried, the minimum fire extinguishing equipment and life jackets required to be carried..."
"We carry enough life vests for all passengers and crew at all times," Hayhurst told the I-Team.
Federal regulations mandate "an adult life jacket must be provided for each person carried on board a vessel."
Rules also explain there must be a light on the life jacket, on the front shoulder, for boats that operate on the Great Lakes or coastwise.
Life jackets must be stored in convenient places around the boat. They cannot be locked in a container and they must be readily available.
"Those PFDs are inspected by the USCG annually as is every inch of our vessel," Hayhurst wrote.
Preventing another "Lockport"
Governor Hochul is proposing legislation that would give New York State Parks, the ability to regulate commercial tourism boats operating in caves to prevent another accident.
"The Office of Parks, Recreation and Historic Preservation has the tools to keep us safe and this legislation will ensure they have the legal authority to use these to keep passengers safe on boats in caves," Hochul said.
The State already regulates public vessels operating in certain places in Western New York, including Chautauqua Lake.
You can see state requirements, here.
