ASSEMBLY, No. 2240

STATE OF NEW JERSEY

INTRODUCED JUNE 24, 1996

By Assemblyman BAGGER

An Act concerning the regulation of personal watercraft, amending P.L.1987, c.453 and repealing section 18 of P.L.1995, c.401.

    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 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 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.

    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.

    c. [Except as provided pursuant to section 17 and section 18 of P.L.1995, c.401 (T & E and C.12:7-86), 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.](deleted by amendment, P.L. c. .)

    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 Director of the Division of Motor Vehicles 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 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.1996, c.15, s.1)

    2. Section 18 of P.L.1995, c.401 (C.12:7-86) is repealed.

    3. Notwithstanding the provisions of subsection b. of section 15 of P.L.1962, c.73, (C.12:7-34.50), this act shall take effect immediately.

STATEMENT

    This bill would eliminate the requirement that all persons born before 1979 successfully complete a boat safety course prior to operating a personal watercraft on the waters of the State. Current law, pursuant to subsection c. of section 2 of P.L.1987, c.453 (C.12:7-61), provides that, as of July 1, 1996, such persons cannot operate a personal watercraft in New Jersey without first completing a boat safety course. A person born after 1978, and who is at least 16 years of age, would still be required to complete a boat safety course prior to operating a personal watercraft, or any other power vessel, on the waters of the State.

    The bill also repeals section 18 of P.L.1995, c.401 (C.12:7-86), which allows persons born before 1979 to operate a personal watercraft without completing a boat safety course within the boundaries of an area designated by a personal watercraft rental business, with certain restrictions. Since the bill eliminates the boat safety course requirement, this exemption from the requirement is no longer necessary.

    The bill also provides that the elimination of the boat safety course requirement could take effect immediately, notwithstanding subsection b. of section 15 of P.L.1962, c.73, (C.12:7-34.50), which requires that any changes in boating rules and regulations proposed between May 1 and September 30 of any year be approved on an emergency basis by the Boat Regulation Commission.

Concerns consistent regulation of power vessels.