ASSEMBLY, No. 147

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen WOLFE and HOLZAPFEL

An Act consolidating and reforming the laws regulating boating, supplementing and amending chapter 7 of Title 12 of the Revised Statutes, and amending and repealing various parts of the statutory law.

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

    1. (New section) The Legislature finds and declares that numerous laws have been enacted over the past half-century concerning the regulation of boats and vessels; that many of the provisions of these laws are duplicative or outdated; that violations of laws governing the licensing, registration and operation of boats and vessels are currently treated as disorderly persons offenses; and that such offenses are disproportionate with the seriousness of these types of violations, which are comparable to motor vehicle violations.

    The Legislature further finds and declares that, while most boaters are knowledgeable and responsible with regard to safety issues, there remain many less experienced, and often younger, boaters who operate vessels on the waters of the State; that, under current law, boaters convicted of boating while intoxicated, or of careless or reckless boating can resume their boating activities upon payment of a fine or expiration of a period of boating privilege suspension; and that many personal watercraft operators can be found on the waters of the State each year with little or no knowledge or understanding of safe vessel operation.

    The Legislature therefore determines that it is in the public interest to reorganize and consolidate the various boating laws to facilitate a clearer understanding and increased compliance with these laws; and, that boating laws should be revised so that the penalties imposed for violations of these laws are consistent with those imposed for motor vehicle violations.

    The Legislature further determines that there is a need for mandatory boat safety instruction for young and inexperienced boaters, as well as for those who are found guilty of boating while intoxicated or of careless or reckless boating.

    2. (New section) As used in this chapter, unless the context clearly requires a different meaning:

    "Commission" means the Boat Regulation Commission established pursuant to section 14 of P.L.1962, c.73 (C.12:7-34.49);

    "Department" means the Department of Law and Public Safety;

    "Director" means the Director of the Division of Motor Vehicles in the Department of Transportation;

    "Division" means the Division of Motor Vehicles in the Department of Transportation;

    "Documented vessel" means a vessel which has a valid Marine Document issued by the United States Coast Guard or any Federal agency successor thereto;

    "Length" means measurement from end to end over the deck parallel to the centerline excluding sheer, bowsprits, bumpkins, rudders, outboard motors, brackets or other equipment or appendages;

    "Motor" means a temporarily or permanently installed fuel consuming mechanism by which the vessel is or may be propelled, including an electrical motor;

    "Operate" means to navigate, use, control or command a vessel;

    "Operator" means every person having charge, control, operation or direction of any vessel and the owner of the vessel if the owner is on the vessel at the time it is operated in violation of the law;

    "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of the vessel subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

    "Personal watercraft" means a personal watercraft as defined by section 1 of P.L.1993, c.299 (C.12:7-62);

    "Power vessel" means a vessel temporarily or permanently equipped with machinery for propulsion, including a personal watercraft, and shall not include a vessel propelled wholly by sails or by muscular power;

    "Sailboat" means any boat whose sole source of propulsion is the wind;

    "Vessel" means a boat or watercraft, other than a sea plane on the water, used or capable of being used as a means of transportation on water; and

    "Waters of this State" means all waters within the jurisdiction of this State, both tidal and nontidal, and the marginal sea adjacent to this State to a distance of three nautical miles from the shoreline.

    3. (New section) a. Upon proper application therefore, the director shall license a person to operate a power vessel on the nontidal waters of this State. A person shall not make any misstatement of fact in an application for a power vessel operator's license.

    b. Except as provided pursuant to subsection c. of this section:

    (1) A person shall not operate a power vessel on the nontidal waters of this State without being licensed by the director; and

    (2) A person under 16 years of age shall not be licensed to operate a power vessel on the nontidal waters of this State.

    c. A person is not required to be licensed pursuant to subsection b. of this section when operating a power vessel:

    (1) powered solely by a motor of less than one horsepower or an electric motor of 12 volts or less;

     (2) that is 12 feet or greater in length and powered by a motor, or combination of motors, of less than 10 horsepower;

    (3) while actually competing in an authorized race held under the auspices of a duly incorporated yacht club or racing association in accordance with rules and regulations prescribed by the Division of State Police in the Department of Law and Public Safety and pursuant to a permit duly issued by that division; or

    (4) pursuant to the provisions of subsection a. of section 2 of P.L.1987, c.453 (C.12:7-61).

    d. Except as provided pursuant to subsection c. of this section, a person shall have in his possession a proper license at all times when operating a power vessel on nontidal waters and shall exhibit the license to any law enforcement officer upon request. Failure of a person to exhibit such license upon request shall be presumptive evidence that the person is not a licensed operator.

    e. A person who violates the provisions of subsection b. of this section shall be subject to a fine of not more than $500 or to a term of imprisonment not to exceed 60 days, or both, except that:

    (1) A person who has never been licensed to operate a power vessel on the nontidal waters of this State or any other jurisdiction shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the Director of the Division of Motor Vehicles requiring the director to refuse to issue a license to operate a power vessel on the nontidal waters of this State to that person for a period of not less than 180 days; and

    (2) A person who can exhibit to the court before which the person is summoned to answer to the charge a valid operator's license issued to that person which was valid on the day that person was charged shall be subject to a fine of not more than $100, in addition to any reasonable court costs the court may impose. Notwithstanding the provisions of this subsection, the court may, in its discretion, dismiss a charge regarding the failure to exhibit an operator's license brought pursuant to the provisions of this section.

    f. The penalties provided for pursuant to subsection e. of this section shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the Division of Motor Vehicles.

    4. (New section) a. The fee for a 48-month power vessel operator's license required pursuant to section 3 of P.L. , c. (C. )(now before the Legislature as this bill) shall be $16 and shall be paid to the director for deposit into the State General Fund.

    b. Each New Jersey power vessel operator's license issued pursuant to section 3 of P.L. , c. (C. )(now before the Legislature as this bill) shall have a color photograph of the licensee. In addition to the fee required pursuant to subsection a. of this section, the fee for the photograph shall be $2 for each license.

    5. (New section) a. A person who lends any operator's license required pursuant to section 3 of P.L. , c. (C. )(now before the Legislature as this bill) to another person shall be subject to a fine of not less than $25 nor more than $100.

    b. A person owning or having control or custody of a power vessel who allows the power vessel to be operated by a non-licensed operator shall be subject to a fine of not more than $100.

    c. A person operating a power vessel who exhibits the operator's license of another shall be subject to a fine of not less than $200 or to a term of imprisonment not to exceed 60 days, or both.

    d. A person who exhibits the operator's license of another for purposes of identification in any situation other than as described in subsection c. of this section shall be subject to a fine of not less than $25 nor more than $100.

    6. (New section) A person who possesses a motor, whether inboard or outboard, the motor number of which has been altered or mutilated, or who comes into possession of such a motor, shall at once file in writing with the division a statement setting forth all circumstances in connection with that person's possession of the motor.

    7. (New section) a. A person who operates a vessel on the waters of this State, without due caution and circumspection, in a manner that endangers, or is likely to endanger, a person or property shall be guilty of careless operation. Careless operation shall include, but need not be limited to, the loading of a vessel beyond the maximum capacity stated on the United States Coast Guard capacity label or the capacity label of the manufacturer affixed to the vessel.

    b. In addition to any other requirements provided by law, a person convicted under subsection a. of this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.

    8. (New section) A person shall not operate or allow another person to operate a vessel on the waters of this State unless the vessel has a serviceable United States Coast Guard approved personal flotation device for each person on board. Such devices shall be of a type and in sufficient number as required by the United States Coast Guard for a vessel of that class operating on navigable waters. Such devices shall be readily accessible when the vessel is under way or worn as required by regulation.

    For the purpose of this section, the term "vessel" does not include surfboards, windsurfers, racing shells, rowing sculls and racing kayaks.

    9. (New section) a. A person shall not discard debris from a vessel that is on the waters of this State. A person who violates this section shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.

     b. There shall be a rebuttable presumption that the owner of the vessel, if present on the vessel, or, in the owner's absence, the operator of the vessel, is responsible for any violation of this section, if:

    (1) Debris of any nature is discarded from the vessel by an occupant of the vessel;

    (2) There are two or more occupants in the vessel; and

    (3) It cannot be determined which occupant of the vessel is the violator.

    10. (New section) A person operating a vessel on the waters of this State shall stop or lay to when so ordered by any law enforcement officer.

    11. (New section) a. A law enforcement officer may serve a summons on any person violating any provision of chapter 7 of Title 12 of the Revised Statutes.

    b. A law enforcement officer may arrest any person violating in his presence any provision of chapter 7 of Title 12 of the Revised Statutes instead of issuing a summons pursuant to subsection a. of this section.

    c. A law enforcement officer may arrest without a warrant any person who the officer has probable cause to believe has operated a vessel in violation of section 3 of P.L.1952, c.157 (C.12:7-46), regardless of whether the suspected violation occurred in the officer's presence.

    12. (New section) a. The Superior Court and every municipal court shall have jurisdiction to enforce the provisions of chapter 7 of Title 12 of the Revised Statutes. Each of these courts shall have jurisdiction to receive complaints, order arrests, issue summonses and warrants, admit to bail, and take any action required of a judge in the enforcement of the provisions of chapter 7 of Title 12 of the Revised Statutes within their respective territorial jurisdictions.

    b. A court that suspends or revokes a person's privilege to operate a power vessel shall transmit forthwith to the director an order indicating that fact and the ground upon which the privilege was suspended or revoked.

    13. (New section) a. A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been convicted of homicide in connection with the operation of a vessel or motor vehicle or of operating a vessel or motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug.

    b. A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been charged with a homicide in connection with the operation of a vessel or motor vehicle or of operating a vessel or motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug, pending disposition of that charge, or for any other violation of any of the provisions of chapter 7 of Title 12 of the Revised Statutes or of any rule or regulation prescribed thereunder by the director or the commission.

    c. When a person's privilege to operate a power vessel is revoked or suspended, that person shall have an opportunity to be heard. Attendance of witnesses to such hearing may be compelled by subpoena.

     d. Failure of the licensee or any other person possessing the license card to deliver the same to the suspending or revoking court, or the director if so ordered, shall constitute a violation. A court that suspends or revokes a license shall promptly place the license card in the custody of the division, except when the division shall otherwise direct.

    e. The division shall have the exclusive power to restore a person's privilege to operate a power vessel and may restore that privilege after the person pays to the director a $50 restoration fee. Unless otherwise specified, whenever a license is revoked pursuant to this section a new license shall not be issued to the person whose license is revoked for at least six months after the date of such revocation, as determined by the director.

    14. (New section) a. A person whose privilege, including any license or numbering, to operate a power vessel or a vessel that is 12 feet or greater in length has been suspended, revoked or prohibited shall not operate such a vessel on the waters of this State.

    b. A person violating subsection a. of this section shall be subject to the following penalties:

    (1) upon conviction for a first offense, a fine of $500;

    (2) upon conviction for a second offense, a fine of $750 and a term of imprisonment not to exceed five days;

    (3) upon conviction for a third offense and each subsequent offense, a fine of $1,000 and a term of imprisonment not to exceed 10 days.

    c. In addition to the penalties prescribed in subsection b. of this section, a court shall suspend or extend the suspension of the operating privileges, for a period not to exceed six months, of a person who violates subsection a. of this section.

    d. In addition to the penalties prescribed in subsections b. and c. of this section, a court may impose a term of imprisonment not to exceed 45 days, if while operating a vessel in violation of subsection a. of this section a person causes an accident resulting in personal injury to another person.

    e. In addition to the penalties prescribed in subsections b., c. and d. of this section, any person violating subsection a. of this section while under a suspension issued pursuant to section 3 of P.L.1952, c.157 (C.12:7-46) upon conviction shall be fined $500, shall have his privilege to operate a vessel suspended for an additional period of not less than one year nor more than two years, and may be imprisoned for a term not to exceed 90 days.

    f. Any period of suspension imposed by a court under this section that would continue beyond September 30 of any calendar year shall be interrupted on that date and shall be completed after April 30 of the following year.

    15. (New section) All fines imposed under chapter 7 of Title 12 of the Revised Statutes shall be paid to the court imposing the fines. Within 30 days after receipt, the court shall then transmit such fines to the Treasurer of the State of New Jersey for deposit into the State General Fund.

    16. (New section) a. The director, the commission and the Superintendent of State Police, whichever is appropriate and subject to the approval of the Attorney General, may promulgate such rules and regulations pursuant to the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to effectuate the provisions of P.L. , c. (C. )(now before the Legislature as this bill).

    b. All rules and regulations promulgated pursuant to the provisions of chapters 7 and 7C of Title 12 of the Revised Statutes before the effective date of this act which are not inconsistent with the provisions of P.L. , c. (C )(now before the Legislature as this bill) shall remain in effect until such time as such rules and regulations are changed or otherwise readopted.

    17. (New section) a. The Superintendent of State Police shall develop and administer a written test for experienced boaters which shall be issued in lieu of completing the boat safety course required pursuant to subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61). Upon successful completion of the test, the person shall be given a certificate which shall fulfill the requirements of subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61). A person who fails the test shall be subject to all requirements of subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61). A person may only take one test pursuant to this subsection.

    b. A person who takes a test pursuant to subsection a. of this section shall pay such fee as determined by the superintendent to defray the costs of developing and administering the test and issuing the certificates to persons who successfully complete the test.

    c. In addition to all other penalties provided by law, a person who provides false information on an application for a written test issued pursuant to subsection a. of this section shall be subject to a fine of $100.

    d. The supperintendent shall determine the qualifications for application and all other requirements for applicants under this section.

    18. Section 5 of P.L.1987, c.269 (C.12:7-23.5) is amended to read as follows:

    5. A person who violates any [provisions] provision of this act or any regulation adopted pursuant to this act is [guilty of a disorderly persons offense. If a court imposes] subject to a fine [under this section, this fine shall be] of not less than[$100.00] $100 for the first offense,[$300.00] $300 for the second offense, and[$500.00] $500 for the third and each subsequent offense.

(cf: P.L.1987, c.269, s.5)

    19. Section 3 of P.L.1962, c.73 (C.12:7-34.38) is amended to read as follows:

    3. Except as herein otherwise provided, every vessel which is upon the waters of this State shall be numbered in accordance with the provisions of this act, and no person shall operate or give permission to operate any vessel on such waters unless it is so numbered.

    A vessel shall not be required to be numbered under this act if it is:

    (a) A documented vessel;

    (b) Being legally operated and meets all current requirements pursuant to applicable federal law or a federally-approved numbering system of another state; provided that such vessel shall not have been within this State for a period in excess of 180 consecutive days, unless it is in New Jersey for the purpose of wet or dry storage, or for repairs, in which case the actual time for said storage or repair shall not be counted as included within the 180 days aforesaid; provided, however, that a vessel shall be considered to be based within this State if its owner owns, maintains, leases, or rents space in this State for its storage, mooring, or servicing on other than a transient basis;

    (c) From a country other than the United States temporarily using the waters of this State;

    (d) A public vessel of the United States, a state or subdivision or agency thereof;

    (e) A ship's lifeboat;

    (f) Any vessel used exclusively for racing while actually competing in or tuning up for an authorized race held under the auspices of a duly incorporated yacht club or racing association in accordance with the rules and regulations prescribed by the [department] Division of State Police and pursuant to a permit duly issued by [the department] that division;

    (g) A sailboat or vessel, except for power vessels, used exclusively on small lakes and ponds wholly within private lands;

    (h) A non-motorized, inflatable surfboard, racing shell, rowing scull, tender for direct transportation between a vessel and the shore and for no other purpose (dinghy), or vessel, except power vessels, of 12 feet or less in length;

    (i) A canoe or kayak; or

    (j) A sailboat of 12 feet or less in length.

    A sailboat shall be required to be numbered under this act if it is any class of one-design sailboat, in excess of 12 feet in length, which is temporarily or permanently equipped with power installed either inboard or outboard.

(cf: P.L.1985, c.56, s.1)

    20. Section 4 of P.L.1962, c.73 (C.12:7-34.39) is amended to read as follows:

    4. (a) The owner of a vessel required to be numbered in this State shall file an application with the [department] division on forms approved by it. The application shall be signed by the owner and shall be accompanied by the fee prescribed by this act for such vessel. Upon receipt of the application in the approved form and the prescribed fee, the [department] division shall enter the same upon the records of its office and issue to the applicant a pocket-size, waterproof certificate of number, which shall state the name and address of the owner, a description of the vessel, its use, and the number assigned.

    (b) Except as provided herein, the certificate of number shall be available at all times for inspection on the vessel for which issued whenever such vessel is in operation. The certificate of number for vessels less than 26 feet in length and leased or rented to another for the latter's noncommercial use of less than 24 hours may be retained on shore by the vessel's owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative; provided such substitute as the [commissioner] director may prescribe by regulation is carried on board.

     (c) The number assigned to a vessel shall be displayed on each side of the bow thereof, as prescribed by regulations of the [department] division, using letters and numerals not less than three inches in height; except that this provision shall not apply to a one-design class racing sailboat, without power installed either inboard or outboard, which is required to be numbered under section 3 of P.L.1962, c.73 (C. 12:7-34.38). No other number shall be displayed on the bow.

(cf: P.L.1985, c.56, s.2)

    21. Section 5 of P.L.1962, c.73 (C.12:7-34.40) is amended to read as follows:

    5. The [department] division shall make and promulgate rules and regulations concerning the numbering system to be used, which system shall conform as near as possible with any over-all system of identification numbering for vessels which is being used by the United States Government or its agencies. Such rules and regulations shall go into effect immediately upon promulgation.

(cf: P.L.1980, c.97, s.4)

    22. Section 6 of P.L.1962, c.73 (C.12:7-34.41) is amended to read as follows:

    6. The owner of any vessel identified by a number in full force and effect which has been awarded to it pursuant to a then operative Federal law or Federally-approved numbering system of another State shall record with the [department] division the vessel's description and number prior to using such vessel upon the waters of this State in excess of the 180-day reciprocity period provided for in section 3 of [this act] P.L.1962, c.73 (C.12:7-34.38). Such recording shall be in the same manner and pursuant to the same procedure prescribed in section 4 of [this act] P.L.1962, c.73 (C. 12:7-34.39) except that no additional or substitute number shall be assigned.

(cf: P.L.1980, c.97, s.5)

    23. Section 10 of P.L.1980, c.97 (C.12:7-34.44a) is amended to read as follows:

    10. (a) For the purposes of [this act] P.L.1962, c.73 (C.12:7-34.36 et seq.), a documented vessel is based within this State if its owner owns, maintains, leases or rents space in this State for its storage, mooring or servicing on other than a transient basis.

    (b) The owner of a documented vessel of 500 gross tons or less based in this State shall file an application for the registration of such vessel with the [department] division on forms approved by it. The application shall be signed by the owner and shall be accompanied by the fee prescribed herein for the vessel. Upon receipt of the application in the approved form and the prescribed fee, the [department] division shall enter the same upon the records of its office and issue to the applicant a [pocketsize] pocket-size, waterproof certificate of registration which shall state the name and address of the owner, a description of the vessel, and its use.

    (c) The certificate of registration shall be available at all times for inspection on the vessel for which issued whenever the vessel is in operation.

    (d) The fees for the initial registration of a documented vessel and for each renewal thereof, shall be based on the length of the vessel and shall be the same as provided for in section 12 of P.L.1962, c.73 (C.12:7-34.47) for other vessels of the same length.

(cf: P.L.1980, c.97, s.10)

    24. Section 10 of P.L.1962, c.73 (C.12:7-34.45) is amended to read as follows:

    10. (a) Whenever the owner of a vessel numbered [under this act] pursuant to P.L.1962, c.73 (C.12:7-34.36 et seq.) changes his address from that shown on his certificate of number, he shall, within [10 days] one week thereof, notify the [department] division, in writing, of his new address. The [department] division may provide, by regulation, for showing the new address by the alteration of the certificate or for its surrender and replacement by a corrected certificate.

    (b) Whenever a vessel numbered under this act is sold, transferred, lost, destroyed or abandoned, the owner of record shall, within [10 days] one week thereof, notify the [department] division in writing of the change in the status of the vessel. The [department] division may, by regulation, also require the surrender of the certificate of number, if it was not destroyed by the occurrence.

(cf: P.L.1962, c.73, s.10)

    25. Section 11 of P.L.1962, c.73 (C.12:7-34.46) is amended to read as follows:

    11. (a) Whenever any vessel upon the waters of this State is involved in an accident, it shall be the duty of the operator, so far as he can do so without serious danger to his own passengers, guests, crew, himself or his vessel, to render to all other persons affected by the accident such assistance as may be necessary in order to save them from or to minimize any danger caused by the accident. He shall also give his name, address, and identifying information regarding his vessel to any person injured and to the owner of any property damaged in the accident.

    (b) Whenever an accident involves any vessel subject to this act and results in the death, disappearance, or injury of any person, or in property damage in excess of[$100.00] $500, the operator or operators thereof shall file, with the [department] Division of State Police, a full description of the accident, including such information as [the department] that division may, by

regulation, require within the times specified in subsection (c) of this section.

    (c) [All boating accidents which occur] A boating accident that occurs on the waters of this State shall be reported [within 48 hours of the happening thereof] to the Division of State Police by the quickest means of communication possible, if [said] the accident has caused the death or the disappearance of any person; [all] any other reportable boating [accidents] accident that may result in personal injury or property damage shall be reported within [15] 10 days to the Division of State Police.

    (d) The report of a boating accident herein required to be made shall not, during any judicial proceeding, be referred to in any way; it shall not be subject to subpoena nor admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based thereon will be made available upon request for official purposes to the United States Coast Guard or any Federal agency successor thereto.

(cf: P.L.1962, c.73, s.11)

    26. Section 12 of P.L.1962, c.73 (C.12:7-34.47) is amended to read as follows:

    12. The fees for the initial numbering of all vessels and for each renewal of the certificate of number issued thereto, unless otherwise provided by law, shall be:

    (a) For all vessels less than 16 feet,[$6.00] $6 per year; 16 feet or more but less than 26 feet, [$14.00] $14 per year; 26 feet or more but less than 40 feet,[$26.00] $26 per year; 40 feet or more but less than 65 feet,[$40.00] $40 per year; 65 feet or more,[$125.00] $125 per year.

    (b) (Deleted by amendment.)

    (c) Special numbers including up to three duplicates thereof and up to four sets of temporary numbers bearing a number corresponding to the special number, shall be assigned to boat dealers and manufacturers, as provided for under rules and regulations to be promulgated by the [department] division, and such numbers shall be displayed temporarily upon boats being tested, demonstrated, photographed or transported, said display to be as prescribed in the rules and regulations aforementioned.

    For each such special number so assigned the fee shall be[$75.00] $75 for 1 year.

    (d) A fee shall not be charged for the numbering of any marine equipment operated and maintained by the State of New Jersey; a county; a municipality; a volunteer first aid, rescue, or emergency squad; a search and rescue unit established within a fire district created pursuant to N.J.S. 40A:14-70; or a volunteer fire company created pursuant to N.J.S. 40A:14-70.1. This subsection shall apply only to marine equipment which is used exclusively in the performance of the prescribed duties of the governmental entities and organizations described above.

(cf: P.L.1980, c.97, s.7)

    27. Section 6 of P.L.1965, c.206 (C.12:7-34.47a) is amended to read as follows:

    6. (a) Except as provided in subsection (b) hereof, the owner of every power vessel required to be numbered pursuant to this act shall and the owner of every documented power vessel of 500 gross tons or less which is based within this State may annually apply to the [department] division for a tax exemption certificate for [said] the power vessel and pay the fee for such certificate in this act prescribed, which fee shall be in lieu of any assessment or personal property tax imposed by the laws of this State;

    (b) The owners of power vessels used solely for their pleasure and recreation shall not be subject to the requirements of subsection (a) hereof and need not apply for a tax exemption certificate.

(cf: P.L.1965, c.206, s.6)

    28. Section 8 of P.L.1965, c.206 (C.12:7-34.47c) is amended to read as follows:

    8. (a) Applications for the issuance of a tax exemption certificate shall be made to the [department] division on forms prescribed and supplied by it. Upon application and payment of the fees prescribed, the [commissioner] director shall provide suitable evidence of compliance with this act which shall be displayed in or on each power vessel in a manner to be provided by regulations of the [commissioner] director.

    (b) Application for a tax exemption certificate for the tax year 1966 and all subsequent tax years shall be filed with the [department] division on or before June 1 of the tax year or within 30 days of the purchase or acquisition of the power vessel, whichever date is the later.

(cf: P.L.1965, c.206, s.8)

    29. Section 10 of P.L.1965, c.206 (C.12:7-34.47e) is amended to read as follows:

    10. The [commissioner] director is authorized to utilize the machine records facilities of other State agencies in the administration of this act.

(cf: P.L.1965, c.206, s.10)

    30. Section 11 of P.L.1965, c.206 (C.12:7-34.47f) is amended to read as follows:

    11. The [commissioner] director shall issue a tax exemption certificate, without fee, for any power vessel owned, or leased by, the State, a county or municipality or by any instrumentality thereof or by any agency or authority created by this State or by compact between this and any other State or States.

(cf: P.L.1965, c.206, s.11)

    31. Section 12 of P.L.1965, c.206 (C.12:7-34.47g) is amended to read as follows:

    12. The [commissioner] director shall issue a tax exemption certificate, without fee, for any power vessel owned by associations or corporations organized exclusively for charitable purposes.

(cf: P.L.1965, c.206, s.12)

    32. Section 15 of P.L.1965, c.206 (C.12:7-34.47j) is amended to read as follows:

    15. The [Commissioner] director is authorized to issue rules and regulations necessary for the administration and enforcement of the tax exemption certificate provisions of this act, including, but not limited to the establishment of a schedule for the initial issuance of said certificate.

(cf: P.L.1965, c.206, s.15)

    33. Section 14 of P.L.1962, c.73 (C.12:7-34.49) is amended to read as follows:

    14. (a) There is established within the department a 7 member Boat Regulation Commission which shall consist of the [commissioner of the department] Attorney General as ex officio member and 6 public members. The public members shall be appointed by the Governor with the advice and consent of the Senate for 4-year terms commencing on April 1 of the year of the appointment, except that of those first appointed, 2 shall be appointed for a term of 1 year, 2 for a term of 2 years, one for a term of 3 years and one for a term of 4 years. As far as possible the public members shall be experienced [boatmen] boaters and shall represent the various geographical sections and boating interests of the State. At least one of the public members shall be actively employed in the marine industry.

    The chairman shall be designated by the Governor. Each member of the commission shall serve at the pleasure of the Governor during his term and until the successor of the commission member has been appointed and has qualified. Vacancies shall be filled only for the unexpired term.

    (b) The members of the commission shall serve without compensation except for the actual expenses incurred while engaged in their duties as members of the commission.

    (c) The commission will promulgate rules and regulations, subject to the approval of the [commissioner of the department] Attorney General, not inconsistent with the provisions of this act and including, but not limited to the inspection, operation, equipping, anchorage, racing and safety of vessels upon the waters of this State.

    [Said] These rules and regulations shall be such as are reasonably necessary for the protection of the health, safety and welfare of the public and for the free and proper use of said waters by any persons or vessels in, on or about such waters. [Said] These regulations shall not be [in conformity] inconsistent with regulations issued by the agency or agencies of the United States having jurisdiction with respect to power vessels upon the waters of this State.

    The commission shall meet monthly or at the call of the [commissioner of the department] Attorney General or the chairman of the commission or when requested by any 3 members of the commission. The [commissioner of the department] Attorney General shall designate a staff from the department to handle administrative matters for the commission.

(cf: P.L.1962, c.73, s.14)

    34. Section 18 of P.L.1962, c.73 (C.12:7-34.53) is amended to read as follows:

    18. [Nothing in this act] No provision of chapter 7 of Title 12 of the Revised Statutes shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of [this act] chapter 7 of Title 12, amendments thereto or regulations issued thereunder: Provided, that such ordinance or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of [this act] chapter 7 of Title 12, amendments thereto or regulations issued thereunder.

    (a) Any subdivision of this State may, at any time, but only after public notice, make formal application to the [department] commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth herein the reasons which make such special rules and regulations necessary or appropriate.

    (b) The commission is hereby authorized to make, adopt and promulgate special rules and regulations, subject to the approval of the [commissioner] Attorney General, with reference to the operation of vessels on [any] the waters of this State within the territorial limits of any subdivision of this State.

(cf: P.L.1962, c.73, s.18)

     35. Section 1 of P.L.1952, c.157 (C.12:7-44) is amended to read as follows:

    1. In addition to the powers conferred upon the Department of [Conservation and Economic Development] Law and Public Safety by the provisions of Title 12 of the Revised Statutes, the [said Department of Conservation and Economic Development] department is hereby authorized and empowered to regulate the operation, docking, mooring and anchoring of power vessels operating on the [tidal] waters [within the confines of the State of New Jersey] of this State.

(cf: P.L.1952, c.157, s.1)

    36. Section 3 of P.L.1952, c.157 (C.12:7-46) is amended to read as follows:

    3. a. No person shall operate a vessel on [tidal waters] the waters of this State while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.10% or more by weight of alcohol. No person shall permit another who is under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug, or who has a blood alcohol concentration of 0.10% by weight of alcohol, to operate any vessel owned by the person or in his custody or control.

    As used in this section, "vessel" means a power vessel as defined by section 2 of [P.L.1962, c.73 (C.12:7-34.37)]P.L. , c. (C. )(now before the Legislature as this bill) or a vessel which is 12 feet or greater in length.

    A person who violates this section shall be subject to the following:      (1) For a first offense, to a fine of not less than[$250.00] $250 nor more than[$400.00] $400; and to the revocation of the [right] privilege to operate a vessel on the waters of this State for a period of 12 months from the date of conviction and to the forfeiting of the [right] privilege to operate a motor vehicle over the highways of this State for a period of three months.

    (2) For a second offense, to a fine of not less than[$500.00] $500 nor more than[$1,000.00] $1,000; to the performance of community service for a period of 30 days, in the form and on the terms as the court deems appropriate under the circumstances; and to imprisonment for a term of not less than 48 hours nor more than 90 days, which shall not be suspended or served on probation; and to the revocation of the [right] privilege to operate a vessel on the waters of this State for a period of two years after the date of conviction and to the forfeiting of the [right] privilege to operate a motor vehicle over the highways of this State for a period of six months.

    (3) For a third or subsequent offense, to a fine of[$1,000.00] $1,000; to imprisonment for a term of not less than 180 days, except that the court may lower this term for each day not exceeding 90 days during which the person performs community service, in the form and on the terms as the court deems appropriate under the circumstances; and to the revocation of the [right] privilege to operate a vessel on the waters of this State for a period of 10 years from the date of conviction and to the forfeiting of the [right] privilege to operate a motor vehicle over the highways of this State for a period of two years.

    Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the Director of the Division of Motor Vehicles. In the event that a person convicted under this section is the holder of any out-of-State motor vehicle driver's or vessel operator's license, the court shall not collect the license but shall notify forthwith the Director of the Division of Motor Vehicles, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle and the nonresident's privilege to operate a vessel in this State.

    b. A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section against a second or subsequent offender. If a second offense occurs more than 10 years after the first offense, the court shall treat a second conviction as a first offense for sentencing purposes and, if a third offense occurs more than 10 years after the second offense, the court shall treat a third conviction as a second offense for sentencing purposes.

    c. If a court imposes a term of imprisonment under this section, the person may be sentenced to the county jail, to the workhouse of the county where the offense was committed, or to an inpatient rehabilitation program approved by the Director of the Division of Motor Vehicles and the Director of the Division of Alcoholism and Drug Abuse in the Department of Health.

    d. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than three months after the day the person reaches the age of 17 years. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this title or Title 39 of the Revised Statutes at the time of any conviction of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension or postponement. A second offense shall result in the suspension or postponement of the person's [right] privilege to operate a motor vehicle for six months. A third or subsequent offense shall result in the suspension or postponement of the person's [right] privilege to operate a motor vehicle for two years. The court before whom any person is convicted of or adjudicated delinquent for a violation shall collect forthwith the New Jersey driver's license or licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L. , c. (C. )(now before the Legislature as this bill), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40 or section 14 of P.L. , c. (C. )(now before the Legislature as this bill). If the person is the holder of a driver's or vessel operator's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving or vessel operating privilege, whichever is appropriate, in this State.

    e. In addition to any other requirements provided by law, a person convicted under this section shall satisfy the screening, evaluation, referral program and fee requirements of the Division of Alcoholism's Intoxicated Driving Programs Unit. A fee of[$80.00] $80 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established under section 3 of P.L.1983, c.531 (C.26:2B-32), by the convicted person in order to defray the costs of the screening, evaluation and referral by the Intoxicated Driving Programs Unit. Failure to satisfy this requirement shall result in the immediate forfeiture of the [right] privilege to operate a vessel on the waters of this State or the continuation of revocation until the requirements are satisfied.

    f. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.

(cf: P.L.1993, c.230, s.2)

    37. Section 4 of P.L.1952, c.157 (C.12:7-47) is amended to read as follows:

    4. [No power] a. A person who disregards the rights or safety of others and operates a vessel [shall be operated] on the waters of this State in a [reckless manner. Reckless operation shall include operating such a vessel in a] manner which unnecessarily interferes with the free and proper use of any waters, or which unnecessarily [endangers] creates a risk of damage or injury to other craft therein, or [the life or limb of any person upon such other craft or in the water] to person or property, shall be guilty of reckless operation of a vessel and subject to a term of imprisonment not to exceed 60 days, or to a fine of not less than $50 nor more than $200, or both.

    On a second or subsequent conviction, a person guilty of reckless operation of a vessel shall be subject to a term of imprisonment not to exceed three months, or to a fine of not less than $100 nor more than $500, or both.

    b. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate forfeiture of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.

(cf: P.L.1952, c.157, s.4)

    38. Section 7 of P.L.1952, c.157 (C.12:7-50) is amended to read as follows:

    7. The department may, whenever in its discretion it shall be deemed necessary, appoint harbor masters who shall have controlling jurisdiction under the law governing [said] the Department of [Conservation and Economic Development] Law and Public Safety to supervise the use of tidal waters within the jurisdiction of this State. Such harbor masters shall be appointed for one year and shall serve without salary and in accordance with rules and regulations promulgated by the commission. Harbor masters appointed under this act shall be supplied with a shield or badge indicating their office and with an insignia to be carried on their boats while being used on official duty under this act.

(cf: P.L.1952, c.157, s.7)

    39. Section 8 of P.L.1952, c.157 (C.12:7-51) is amended to read as follows:

    8. Any person who shall violate [the provisions] any provision of [this act] chapter 7 of Title 12 of the Revised Statutes, or of any rule or regulation issued thereunder, where the penalty therefor is not specifically prescribed, shall be subject to a fine [not exceeding one hundred dollars ($100.00) and in default of the payment thereof, shall be subject to imprisonment for a period not exceeding ten days. Any person convicted of a second] of $25 for a first offense, $50 for a second offense [of the same violation shall be subject to a fine in double the amount prescribed for a first] and $100 for a third and each subsequent offense[, and shall, in default of the payment thereof, be subject to imprisonment for a period of not exceeding twenty days] of the same violation.

(cf: P.L.1952, c.157, s.8)

    40. Section 7 of P.L.1986, c.39 (C.12:7-55) is amended to read as follows:

    7. a. (1) A person who operates a power vessel or a vessel which is 12 feet or greater in length on the [tidal or non-tidal] waters of this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood, except that the taking of samples shall be made in accordance with the provisions of [this amendatory and supplementary act] P.L.1986, c.39 and at the request of the State Marine Police Force or a law enforcement officer who has reasonable grounds to believe that the person has been operating a vessel in violation of the provisions of [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46).

    (2) Whenever an operator has been involved in an accident resulting in death, bodily injury or property damage, an officer shall consider that fact along with all other facts and circumstances in determining under paragraph (1) of this subsection whether there are reasonable grounds to believe a person is operating a vessel in violation of the provisions of [Section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46).

    b. A record of the taking of the sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy shall be furnished or made available to the person so tested, upon his request.

    c. In addition to the samples taken and tests made at the direction of the State Marine Police Force or a law enforcement officer, the person tested shall be permitted to have samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

    d. The State Marine Police Force or a law enforcement officer shall inform the person tested of his rights under subsections b. and c. of this section.

    e. No chemical test, as provided in this section, or specimen necessary for a test, may be made or taken forcibly and against physical resistance thereto by the defendant. The State Marine Police Force or a law enforcement officer shall, however, inform the person arrested of the consequences of refusing to submit to the test, in accordance with section 9 of [this amendatory and supplementary act] P.L.1986, c.39 (C.12:7-57). A standard statement, prepared by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety, shall be read by the State Marine Police Force or a law enforcement officer to the person under arrest.

(cf: P.L.1993, c.233, s.1)

    41. Section 9 of P.L.1986, c.39 (C.12:7-57) is amended to read as follows:

    9. a. A [judge] court shall revoke the [right] privilege of a person to operate a power vessel or a vessel which is 12 feet or greater in length, if after being arrested for a violation of [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46), the person refuses to submit to the chemical test provided for in section 7 of [this amendatory and supplementary act] P.L.1986, c.39 (C.12:7-55) when requested to do so. The revocation shall be for six months unless the refusal was in connection with a second offense under [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46), in which case the revocation period shall be for two years. If the refusal was in connection with a third or subsequent offense under [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C. 12:7-46), the revocation shall be for 10 years. The court shall also fine a person convicted under this section not less than[$250.00] $250, nor more than[$500.00] $500.

    b. The court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been operating or was in actual physical control of the vessel while under the influence of intoxicating liquor, or a narcotic, hallucinogenic or habit-producing drug, whether the person was placed under arrest, and whether the person refused to submit to the test upon request of the officer. If these elements of the violation are not established, no conviction shall issue.

    c. In addition to any other requirements provided by law, a person whose [right] privilege to operate a vessel is revoked for refusing to submit to a chemical test shall satisfy the screening, evaluation, referral and program requirements of the Bureau of Alcohol Countermeasures in the Division of Alcoholism in the Department of Health. A fee of[$40.00] $40 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established under section 3 of P.L.1983, c.531 (C.26:28-32), by the convicted person in order to defray the costs of the screening, evaluation and referral by the Bureau of Alcohol Countermeasures and the cost of an education or rehabilitation program. Failure to satisfy this requirement shall result in the immediate revocation of the [right] privilege to operate a vessel on the waters of this State or the continuation of revocation until the requirements are satisfied. The revocation for a first offense shall be independent of a revocation imposed because of a conviction under the provisions of [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46); the revocation for a second or subsequent offense shall be concurrent with a revocation imposed because of a conviction under the provisions of [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46).

    d. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.543 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.

(cf: P.L.1986, c.39, s.9)

    42. Section 10 of P.L.1986, c.39 (C.12:7-58) is amended to read as follows:

    10. a. A person who has been convicted of violating [section 19 of P.L.1954, c.236 (C.12:7-34.19) or] section 3 of P.L.1952, c.157 (C.12:7-46), and who has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not be released after commitment until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may, at the discretion of the court, be released on a work release program.

    b. A warden or other officer having custody of the county jail or workhouse shall not release a person until the sentence has been served, except that a person may be released by the court on a work release program. A person sentenced to an inpatient rehabilitation program may be released by the court, upon the petition of the treating agency, to an outpatient rehabilitation program for the duration of the original sentence.

    c. This section shall not be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writ, or an appeal.

(cf: P.L.1986, c.39, s.10)

    43. Section 11 of P.L.1986, c.39 (C.12:7-59) is amended to read as follows:

    11. A person shall receive written notice of the penalties under [section 19 of P.L.1954, c.236 (C.12:7-34.19),]section 3 of P.L.1952, c.157 (C.12:7-46)[,]and section 9 of P.L.1986, c.39 (C.12:7-57), when that person is issued a license to operate a vessel, a registration certificate, a certificate of number or a certificate of ownership under chapters 7 and 7A of Title 12 of the Revised Statutes.

(cf: P.L.1986, c.39, s.11)

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

    2. a. [No] A person who is under 16 years of age [or younger] shall not operate a power vessel on the [tidal or nontidal] 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 a motor of less than one horsepower or an electric motor of 12 volts or less; 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 successfully completed an approved boat safety course prior to the effective date of P.L. , c. (C. )(now before the Legislature as this bill) 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 the effective date of P.L. , c. (C. ) (now before the Legislature as this bill) may operate a power vessel equipped with an outboard motor until the expiration date of that license.

    b. A person who is 16 years of age or older and was born after December 31, 1978 shall not 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.

    [b. A] c. Except as provided pursuant to section 17 of P.L. , c. (C. )(now before the Legislature as this bill), a person shall not operate 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.

    d. Whenever a person [16 years of age or younger, when operating] who is required by this section or by section 7 of P.L. , c. (C. ) (now before the Legislature as this bill), sections 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 [tidal or nontidal] waters of this State, [shall have in his possession] 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.

    [c.] e. A person [16 years of age or younger, who operates a power vessel on the tidal or nontidal waters of this State without having completed a boat safety course approved by the superintendent or] 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[$100.00] $100 nor more than[$500.00] $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 Director of the Division of Motor Vehicles for a power vessel operator's license issued pursuant to section 3 of P.L. , c. (C. )(now before the Legislature as this bill) who is required pursuant to the provisions of this section to possess a certificate certifying successful completion of a boat safety course shall submit the original or a copy of the certificate with the application. The director shall not issue a power vessel operator's license to such person who fails to submit the original or a copy of the certificate.

(cf: P.L.1987, c.453, s.2)

    45. Section 2 of P.L.1975, c.369 (C.12:7C-8) is amended to read as follows:

    2. The following terms whenever used or referred to in this act shall have the following meanings unless a different meaning clearly appears from the context:

    a. "Vessel" means a boat or watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water, except a boat or watercraft which is subject to the provisions of P.L.1969, c.264 (C.12:7C-1 et seq.).

    b. "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the uses or possession of a vessel subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

    c. "Lienholder" means any person holding a security interest.

    d. "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.

    e. ["Department"]"Division" means the Division of Motor Vehicles in the Department of [Environmental Protection] Transportation.

    f. "Waters of this State" means all waters within the jurisdiction of this State, both tidal and nontidal, and the marginal sea adjacent to this State to a distance of three nautical miles from the shoreline.

    g. "Removal costs" means any or all costs associated with the removal or destruction of any vessel from land or water and shall include the reimbursement of any or all costs incurred by the applicant in the course of acquiring title to an abandoned vessel.

(cf: P.L.1975, c.369, s.2)

    46. Section 5 of P.L.1975, c.369 (C.12:7C-11) is amended to read

as follows:

    5. If a vessel has a boat registration number or other means of identifying the owner thereof, the person desiring to acquire title, shall, if possible, secure the owner's last known address, and the lienholder, if any, appearing on the records of the [department] division. He shall notify the owner by registered letter to his last known address and the lienholder by registered letter at the address of the lienholder appearing on the records of the [department] division that if ownership is not claimed and the vessel removed within 30 days, title to the vessel will be applied for in his name. If any vessel's owner cannot be identified or his address ascertained, or no lienholder appears on the records of the [department] division, the registered letter need not be sent.

(cf: P.L.1975, c.369, s.5)

    47. Section 7 of P.L.1975, c.369 (C.12:7C-13) is amended to read as follows:

    7. At the end of the 30-day period the person desiring to acquire title shall apply to the [department] division for a title to the vessel in his name on forms approved by the [department] division accompanied by the following affidavits:

    a. A statement that the vessel has been apparently abandoned for at least 6 months.

    b. Proof that the registered letter was mailed at least 30 days before application or a detailed explanation of the unsuccessful steps taken to identify the owner and secure his address.

    c. Proof that a notice was printed in a paper as required in section 6 of [this act] P.L.1975, c.369 (C.12:7C-12).

(cf: P.L.1975, c.369, s.7)

    48. Section 8 of P.L.1975, c.369 (C.12:7C-14) is amended to read as follows:

    8. Upon receipt of the material required in section 7 of [this act] P.L.1975, c.369 (C.12:7C-13) and upon payment of any fees and taxes due, the [department] division shall issue the applicant a title to the vessel.

(cf: P.L.1975, c.369, s.8)

    49. Section 11 of P.L.1975, c.369 (C.12:7C-17) is amended to read as follows:

    11. After receiving title if the applicant destroys or otherwise disposes of the vessel, he shall report the same to the [department] division within 15 days giving all details.

(cf: P.L.1975, c.369, s.11)

    50. Section 12 of P.L.1975, c.369 (C.12:7C-18) is amended to read as follows:

    12.             The [department] division may receive title to any vessel abandoned on any of the waters of this State or on any land owned by this State or any of its political subdivisions by proceeding in the same manner as a landowner, his lessee, or his agent, as set forth in this act.

(cf: P.L.1975, c.369, s.12)

    51. Section 13 of P.L.1975, c.369 (C.12:7C-19) is amended to read as follows:

    13. a. Any person who violates section 3 of [this act] P.L.1975, c.369 (C.12:7C-9) shall be subject to a fine of not less than[$500.00] $500 and not more than[$1,000.00,]$1,000 to be recovered in a summary proceeding instituted by the [Commissioner of Environmental Protection] Attorney General in the name of the State in accordance with the "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).

    b. Any person who obtains or attempts to obtain title to a vessel under the provisions of this act through fraudulent means is guilty of a disorderly persons offense and upon conviction shall be subject to a fine of not more than[$200.00] $200.

(cf: P.L.1975, c.369, s.13)

    52. Section 14 of P.L.1975, c.369 (C.12:7C-20) is amended to read as follows:

    14. The [department] division may promulgate pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.) such rules and regulations deemed necessary to carry out the provisions of this act.

(cf: P.L.1975, c.369, s.14)

    53. N.J.S.2C:29-2 is amended to read as follows:

    2C:29-2 a. A person is guilty of a disorderly persons offense if he purposely prevents a law enforcement officer from effecting a lawful arrest, except that he is guilty of a crime of the fourth degree if he:

    1. Uses or threatens to use physical force or violence against the law enforcement officer or another; or

    2. Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

    It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

    b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L. , c. (C. )(now before the Legislature as this bill), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

    In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

    Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L. , c. (C. )(now before the Legislature as this bill), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L. , c. (C. )(now before the Legislature as this bill), whichever is appropriate. If the person is the holder of a driver's or vessel operator's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving or vessel operating privileges, whichever is appropriate, in this State.

    For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.

(cf: P.L.1993, c.219, s.5)

    54. (New section) There is appropriated from the receipts collected by the Division of State Police pursuant to subsection b. of section 17 of P.L. , c. (C. )(now before the Legislature as this bill), such sums as are necessary to develop and administer the boat safety test and issue boat safety certificates.

    55. The following sections are repealed:

    Section 1 of P.L.1941, c.396 (C.12:7-16.1)

    Section 2 of P.L.1941, c.396 (C.12:7-16.2)

    Section 3 of P.L.1941, c.396 (C.12:7-16.3)

    Section 9 of P.L.1952, c.157 (C.12:7-52).

    Section 1 of P.L.1954, c.236 (C.12:7-34.1)

    Section 4 of P.L.1954, c.236 (C.12:7-34.4)

    Section 6 of P.L.1954, c.236 (C.12:7-34.6)

    Section 7 of P.L.1954, c.236 (C.12:7-34.7)

    Section 9 of P.L.1954, c.236 (C.12:7-34.9)

    Section 13 of P.L.1954, c.236 (C.12:7-34.13)

    Section 14 of P.L.1954, c.236 (C.12:7-34.14)

    Section 18 of P.L.1954, c.236 (C.12:7-34.18)

    Section 19 of P.L.1954, c.236 (C.12:7-34.19)

    Section 20 of P.L.1954, c.236 (C.12:7-34.20)

    Section 22 of P.L.1954, c.236 (C.12:7-34.22)

    Section 23 of P.L.1954, c.236 (C.12:7-34.23)

    Section 25 of P.L.1954, c.236 (C.12:7-34.25)

    Section 27 of P.L.1954, c.236 (C.12:7-34.27)

    Section 28 of P.L.1954, c.236 (C.12:7-34.28)

    Section 29 of P.L.1954, c.236 (C.12:7-34.29)

    Section 30 of P.L.1954, c.236 (C.12:7-34.30)

    Section 31 of P.L.1954, c.236 (C.12:7-34.31)

    Section 33 of P.L.1954, c.236 (C.12:7-34.33)

     Section 34 of P.L.1954, c.236 (C.12:7-34.34)

    Section 2 of P.L.1962, c.73 (C.12:7-34.37)

    Section 16 of P.L.1962, c.73 (C.12:7-34.51)

    Section 17 of P.L.1962, c.73 (C.12:7-34.52)

    Section 20 of P.L.1962, c.73 (C.12:7-34.55)

    Section 1 of P.L.1987, c.9 (C.12:7-34.6a)

    Section 1 of P.L.1973, c.231 (C.12:7-34.9a)

    Section 1 of P.L.1993, c.118 (C.12:7-34.9b)

    Section 2 of P.L.1993, c.118 (C.12:7-34.9c)

    Section 3 of P.L.1993, c.118 (C.12:7-34.9d)

    56. This act shall take effect on the first day of the sixth month following enactment, except that sections 17 and 54 shall take effect immediately and section 17 shall expire on the first day of the sixth month following enactment.

STATEMENT

    This bill reorganizes and consolidates many of the laws, currently found in Chapter 7 of Title 12 of the Revised Statutes, regulating the licensing, numbering, and operation of vessels and power vessels.

    The bill reclassifies the penalties for violations of the boating laws from disorderly persons offenses to penalties commensurate with those imposed for similar types of motor vehicle offenses. The bill also revises the current requirement that persons under 17 years of age successfully complete a boat safety course as a condition for operating a power vessel to require anyone 16 years of age or older and born after December 31, 1978, to meet that condition. Persons under 16 years of age would be prohibited from operating a boat, with the exception that such individuals who are over 12 years of age could operate small power vessels (as defined in the bill) upon successful completion of a boat safety course.

    The requirement to complete a boat safety course would be extended to the following:

    ●     persons operating a personal watercraft (e.g., jet-ski), with the provision that experienced boaters, as defined by the Director of the Division of Motor Vehicles, may take a one-time-only written test within six months of the bill's enactment date. Passage of this test would exempt the person from the safety course requirement, while failure of the test would subject the person to the safety course requirement. Currently, a person can operate a personal watercraft without having to complete a safety course.

    ●     persons found guilty of either careless boating, reckless boating, boating under the influence or refusing a chemical test in connection with a law enforcement officer's suspicion of boating under the influence.

    The bill would permit persons who possess a boat safety certificate prior to the bill's effective date or who possess a boat operator's license issued prior to the bill's effective date to continue to have the boating privileges conferred by the certificate or license, or provided by the bill.

    The bill would also revamp the penalty provisions of the boating laws to reclassify all boating offenses from disorderly persons offenses to quasi-criminal offenses (similar to motor vehicle offenses) and adjust the respective fines and terms of imprisonment accordingly.

    The bill would also add new operating offenses, including careless boating and a provision prohibiting littering. The bill also includes an amendment to Title 2C to allow the imposition of criminal penalties on a person who attempts to elude arrest while operating a vessel.

    Boating is presently regulated by a diversity of statutes enacted at various times. Since many of these statutes have either been repealed, are no longer necessary, or are duplicative of provisions already existing in Chapter 7, the bill would reorganize and consolidate all necessary provisions and repeal those provisions which are either outdated or duplicative of existing provisions.

Revises and updates safety and licensing provisions of boating laws.