SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 1312

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 23, 1997

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 1312.

      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 members of their immediate families who are at least 16 years of age from taking the required boat safety course pursuant to R.S.12:7-61or written test pursuant to section 17 of P.L.1995, c.401 prior to operating the personal watercraft in 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.

       The committee amended the bill to provide that a non-owner infrequent operator would be subject to all provisions of law regarding power vessel operation on 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 that non-owner infrequent operator violates any law concerning power vessel operations, the owner would be subject to a penalty of at least $200 and up to $500 for each violation. In addition, the owner would be liable for all damages or injuries resulting from the negligent operation of the watercraft by the non-owner infrequent operator.

      The amendments define a non-owner infrequent operator as a person age 16 or more 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 it within the line of sight of the owner, has been instructed by the owner as to safe operating procedures and has been informed by and understands that the owner would be liable for all damages or injuries resulting from the negligent operation of the watercraft by that non-owner infrequent operator.