ASSEMBLY, No. 2173

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 20, 1996

 

 

By Assemblymen WOLFE, HOLZAPFEL and Moran

 

 

An Act concerning the operation of personal watercraft and amending P.L.1995, c.401.

 

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

 

    1. Section 3 of P.L.1995, c.401 (C.12:7-72) is amended to read as follows:

    3. a. Upon proper application therefor, 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;

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

    (5) if the person is an out-of-State resident[, the person's vessel] who brings a vessel into this State, provided that the vessel is registered in the person's state of residence and the person has successfully completed a boat safety course substantially similar to the boat safety course administered pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), and provided that the person enters New Jersey with the intent to operate a vessel, and that the person operates the vessel for no more than 30 days between May 1 and September 30 of any year[.];

    (6) if the person is an out-of State resident and has successfully completed a boat safety course substantially similar to the boat safety course administered pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), provided that the person enters New Jersey with the intent to operate a vessel, and that the person operates the vessel for no more than 30 days between May 1 and September 30 of any year.

    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.

(cf:P.L.1995,c.401,s.3)

 

    2. Section 18 of P.L. 1995, c.401 (C.12:7-86) is amended to read as follows:

    18. a. A person may operate a personal watercraft without having completed a boat safety course required pursuant to subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61) or a written test administered pursuant to section 17 of P.L.1995, c.401, under the following conditions:

    (1) the person operates the personal watercraft within the boundaries of an area designated solely for the operation of personal watercraft by a business engaged in renting personal watercraft for use on the waters of the State;

    (2) the area designated for such operation is supervised by a person who is experienced in the operation of personal watercraft and who has successfully completed a boat safety course approved pursuant to section 1 of P.L.1987, c.453 (C.12:7-60); and

    (3) the person has successfully completed an instruction course provided by the owner or lessee of the personal watercraft prior to operating the personal watercraft within the designated area.

    b. The Superintendent of State Police shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to implement the provisions of this section.

    c. A person may operate a personal watercraft without having completed a boat safety course required pursuant to subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61) or a written test administered pursuant to section 17 of P.L.1995, c.401, under the following conditions:

    (1) For the first 21 days following the purchase of a personal watercraft, provided that:

    (a) the operator of the personal watercraft is the person who puchased the personal watercraft or a member of that person's immediate family;

    (b) the operator of the personal watercraft is at least 16 years of age;

    (c) the personal watercraft that has been purchased is the only personal watercraft being operated pursuant to this subsection;

    (d) the seller of the personal watercraft has provided educational materials regarding the safe operation of the personal watercraft at the time of sale; and

    (e) the purchaser and the seller of the personal watercraft have signed a certificate acknowledging that the information required pursuant to subparagraph b. of this paragraph has been provided by the seller and received by the purchaser at the time of purchase of the personal watercraft.

    (2) the person has successfully completed a boat safety course or written test substantially similar to the boat safety course required pursuant to the boat safety course administered pursuant to section 1 of P.L.1987, c.453 (C.12:7-60) or the written test authorized pursuant to section 17 of P.L. 1995, c.401 in another state.

(cf: P.L.1995,c.401,s.18)


    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would amend current law regarding the licensing and operating requirements for power vessels and personal watercraft to clarify and expand the exemptions from these requirements. First, the bill would amend the licensing exemption provision accorded pursuant to section 3 of P.L.1995, c.401 (C.12:7-72) to clarify that an out-of-State resident who operates the power vessel of another person need not be licensed provided that he has successfully completed a boat safety course substantially similar to New Jersey's boat safety course. Current law only exempts out-of-State owners of power vessels who have registered their vessels and meet the safety course requirement.

    The bill would also exempt buyers of personal watercraft, and their immediate family who are at least 16 years of age, from the requirement to take a boat safety course pursuant to R.S.12:7-61or a written test pursuant to section 17 of P.L.1995, c.401 prior to operating the personal watercraftfor the first 21 days subsequent to the purchase. The bill stipulates that the exemption only applies if the personal watercraft that has been purchased is the one being operated, the seller has provided educational materials regarding the safe operation of the personal watercraft at the time of sale, and the buyer and seller of the personal watercraft have signed a certificate acknowledging that the educational materials have been provided and received.

    The bill also allows persons who have successfully completed, in another state, a boat safety course or written test substantially similar to a course or test required in New Jersey to operate a personal watercraft in New Jersey.

 

 

                             

Revises law regarding licensing and operation of personal watercraft.