SENATE, No. 1246

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED FEBRUARY 8, 2010

 


 

Sponsored by:

Senator† SEAN T. KEAN

District 11 (Monmouth)

Senator† ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

Assemblyman† MATTHEW W. MILAM

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

†††† Creates exception to age requirement for power boat operation conducted during authorized race.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning power vessel operation and amending P.L.1987, c.453.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.† Section 2 of P.L.1987, c.453 (C.12:7-61) is amended to read as follows:

†††† 2. a. A person who is under 16 years of age shall not operate a power vessel on the waters of this State, except that:

†††† (1)†† a person who is under 16 years of age but at least 13 years of age and possesses a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety may operate:

†††† (a)†† a power vessel powered solely by an electric motor; or

†††† (b)†† a power vessel which is 12 feet or greater in length and powered by a motor, or combination of motors, of less than 10 horsepower;

†††† (2)†† A person who is under 16 years of age and has successfully completed an approved boat safety course prior to July 1, 1996 may operate a power vessel on the tidal waters of this State, provided that the person complies with all other requirements of law, rule and regulation; [and]

†††† (3)†† A person who is under 16 years of age and was issued an operator's license pursuant to section 7 of P.L.1954, c.236 (C.12:7-34.7) before July 1, 1996 may operate a power vessel equipped with an outboard motor until the expiration date of that license ; and

†††† (4) A person who is under 16 years of age but at least 13 years of age and who possesses a certificate certifying the person's successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, or a person under 16 years of age but at least 13 years of age who is an out-of-state resident or resident of a foreign country who possesses proof of successful completion of a boat safety course as provided in paragraph (2) of subsection b. of this section may operate a power vessel on the tidal waters of this State while actually competing in an authorized race held under the auspices of a duly incorporated yacht club or racing association conducted under the rules of a national boat racing association in accordance with rules and regulations prescribed by the New Jersey Boat Regulation Commission in consultation with the Division of State Police in the Department of Law and Public Safety and pursuant to a permit issued by that division.† Such permit may include limitations on age, vessel type, and horsepower.

†††† b.††† As provided in the schedule set forth in section 7 of P.L.2005, c.292 (C.12:7-61.1), as of June 1, 2009, a person who is 16 years of age or older shall not operate a power vessel, including a personal watercraft, on the waters of this State without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, except that:

†††† (1)†† (Deleted by amendment, P.L.2005, c.292).

†††† (2)†† an out-of-State resident, or a resident of a foreign country who is 16 years of age or older and who will be in this State for less than 90 days may operate a power vessel on the waters of this State, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety if the person presents:

†††† (i)††† written proof of successful completion of a boat safety course endorsed or approved by another state, the National Association of State Boating Law Administrators or its successor organization, or the United States Coast Guard;

†††† (ii)†† written proof of successful completion of a boat safety course substantially similar to the boat safety course required pursuant to this section as determined by the Superintendent of State Police; or

†††† (iii) a boat safety certificate issued by the state or country in which the person resides;

†††† (3)†† a person who is 18 years of age or older may operate on the waters of this State, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a rented power vessel that is not a personal watercraft, under the following conditions:

†††† (a)†† the person rents the power vessel from a business engaged in renting power vessels for use on the waters of the State;

†††† (b)†† the person has successfully completed a State-approved pre-rental instruction course provided by the owner or lessor of the power vessel prior to operating the power vessel on the waters of the State; and

†††† (c)†† the owner of the power vessel rental business is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety.

†††† (4)†† A person required to take the boat safety course pursuant to this section and section 7 of P.L.2005, c.292 (C.12:7-61.1) who purchases a power vessel that is not a personal watercraft at a boat dealership may operate that power vessel for 30 days without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety provided that the person successfully completes a State-approved pre-purchase instruction course provided by the owner or operator of the boat dealership prior to operating the power vessel, and the owner or operator of the boat dealership is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police.† The State-approved pre-purchase instruction course required by this paragraph shall be a uniform, standardized course developed by the Superintendent of State Police.† The State-approved pre-purchase instruction course shall not replace the requirement that a person shall successfully complete an approved boat safety course pursuant to the other provisions of P.L.2005, c.292 (C.12:7-61.1 et al.).† The provisions of this paragraph shall not apply to a person purchasing a power vessel from another private party.†

†††† (5)†† A person holding a United States Coast Guard operator's license may operate a power vessel on the waters of this State without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety.

†††† The Superintendent of State Police shall establish appropriate guidelines to implement the provisions of this subsection.†

†††† c.†††† Except as provided pursuant to section 18 of P.L.1995, c.401 (C.12:7-86), a person shall not operate a personal watercraft on the waters of this State without having successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety or a written test pursuant to section 8 of P.L.2005, c.292 (C.12:7-61.2).

†††† d.††† Whenever a person who is required by this section or by section 7 of P.L.1995, c.401 (C.12:7-76), section 3 or 4 of P.L.1952, c.157 (C.12:7-46 or C.12:7-47), or section 9 of P.L.1986, c.39 (C.12:7-57) to have completed a boat safety course operates a power vessel or personal watercraft, as appropriate, on the waters of this State, that person shall have in possession a certificate certifying that person's successful completion of a boat safety course approved by the superintendent and shall, when requested to do so, exhibit the certificate to a law enforcement or peace officer of this State.† Failure of the person to exhibit the certificate is presumptive evidence that the person has not completed an approved boat safety course.†

†††† e.†††† A person who violates subsection a., b., c. or d. of this section or who exhibits to a law enforcement or peace officer a certificate of completion of an approved boat safety course of another person is subject to a fine of not less than $100 nor more than $500.†

†††† f.†††† A person who owns or has control or custody of a power vessel and allows the power vessel to be operated on the waters of this State by a person who is required pursuant to the provisions of this section to possess a certificate certifying successful completion of a boat safety course but who does not possess such certificate is subject to a fine of not more than $100.†

†††† g.†††† A person making application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a power vessel operator's license issued pursuant to section 3 of P.L.1995, c.401 (C.12:7-72) who is required pursuant to the provisions of this section to possess a certificate certifying successful completion of a boat safety course shall submit proof of successful completion of the course or the written examination for experienced boaters with the application.† The chief administrator shall not issue a power vessel operator's license to such person who fails to submit this proof.† A permanent State of New Jersey boating safety certificate or a temporary boating safety certificate issued on a Division of State Police application for boating safety certificate form shall satisfy this requirement.†

(cf: P.L.2009, c.1, s.1)

 

†††† 2.† This act shall take effect immediately.†

 

 

STATEMENT

 

†††† This bill would amend current law to allow a person under the age of 16 but at least 13 years of age to operate a power vessel while competing in an authorized race.† The person would be required to possess a certificate certifying the personís successful completion of a boat safety course, or in the case of an out-of-state resident or resident of a foreign country, proof of successful completion of a boat safety course.† Under the provisions of the bill, the race would have to be sponsored by a duly incorporated yacht club or racing association conducted under the rules of a national boat racing association and held in accordance with rules and regulations prescribed by the New Jersey Boat Regulation Commission in consultation with the Division of State Police. Additionally, the yacht club or racing association would have to receive a permit from the State Police in order to conduct the race, which permit may include limitations on age, vessel type and horsepower.