[Second Reprint]

SENATE, No. 1312

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 13, 1996

 

 

By Senator CIESLA, Assemblymen Wolfe,

Holzapfel and Moran

 

 

An Act concerning the operation of personal watercraft and amending P.L.1995, c.401 1and supplementing chapter 7 of Title 12 of the Revised Statutes1.

 

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

    (5)]2 if the person is an out-of-State resident[, the person's vessel] 2[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] and has written proof, while operating the power vessel, of successful completion of2 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) 2[, 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]2.

    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.

    2g. 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.2

(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. 2[a.]2 A person 2who is 16 years of age or older2 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:

    2a.2 (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. 2[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)]2 For the first 21 days following the purchase of a personal watercraft, provided that:

    2[(a)] (1)2 the operator of the personal watercraft is the person who purchased the personal watercraft or a member of that person's immediate family;

    2[(b)] (2)2 the operator of the personal watercraft is at least 16 years of age;

    2[(c)] (3)2 the personal watercraft that has been purchased is the only personal watercraft being operated pursuant to this subsection;

    2[(d)] (4)2 the seller of the personal watercraft has provided educational materials regarding the safe operation of the personal watercraft at the time of sale; and

    2[(e)] (5)2 the purchaser and the seller of the personal watercraft have signed a certificate acknowledging that the information required pursuant to paragraph 4 of this subsection has been provided by the seller and received by the purchaser at the time of purchase of the personal watercraft.

    2[(2) the] c. The2 person has 2[successfully completed] written proof, while operating the personal watercraft, of successful completion of2 a boat safety course 2[or written test]2 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)2[ or the written test authorized pursuant to section 17 of P.L.1995, c.401 in another state].

    d. (1) The person does not own a personal watercraft and the owner of the personal watercraft possesses a certificate showing the successful completion of 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;

    (2) the owner of the personal watercraft instructs the owner in the proper operation of the personal watercraft;

    (3) the person is accompanied by the owner of the personal watercraft and they remain within 150 feet and in sight of each other;

    (4) the cumulative number of days of operation by a person under this subsection does not exceed five days during a calendar year; and

    (5) the person has not violated any provision of chapter 7 of this title.

    A person who violates this subsection shall be subject to a penalty of not less than $200 and not more than $500 for each violation.

    Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Superintendent of State Police shall adopt any rules or regulations necessary to implement the provisions of this section.2

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

 

    2[13. (New section) a. A non-owner infrequent operator shall be subject to all provisions of law regarding power vessel operation on the waters of this State and the applicable penalties for violations. If a personal watercraft owner permits a non-owner infrequent operator to operate a personal watercraft and thate non-owner infrequent operator violates any provision of law concerning operation of a power vessel, the owner shall be subject to a penalty of not less than $200 and not more than $500 for each violation. In addition, the owner shall be liable for all damages or injuries resulting from the negligent operation of the personal watercraft by the non-owner infrequent operator.

    b. For purposes of this section, a non-owner infrequent operator shall be defined as a person at least 16 years of age who:

    (1) does not own a personal watercraft and has not completed a boat safety course; and

    (2) has obtained permission from the personal watercraft owner to operate the personal watercraft within the line of sight of the owner, has been instructed by the owner as to safe operating procedures and has been informed and understands that the owner shall be liable for all damages or injuries resulting from the negligent operation of the personal watercraft by the non-owner infrequent operator.1]2

 

    23. 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 and;

    (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 18 of P.L.1995, c.401 (C.12:7-86), a person shall not operate a personal watercraft on the waters of this State after July 1, 1997, without having successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety or a written test pursuant to section 17 of P.L. 1995, c.401.

    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.2

(cf: P.L.1996, c.59, s.1)

 

    24. (New section) In addition to all other remedies permitted and duties required by law, the owner of a personal watercraft shall be jointly liable for damage incurred by another person operating the owner's personal watercraft if the owner knowingly allows the person to operate the owner's personal watercraft, the operator has not successfully 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 and the operator is not exempt from the boat safety certificate requirement pursuant to subsection a. or c. of section 18 of P.L.1995, c.401 (C.12:7-86).2

 

    1[3.] 2[4.1] 5.2 This act shall take effect immediately.

 

 

                             

Revises law regarding licensing and operation of personal watercraft.