SENATE, No. 2146

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 22, 1997

 

 

By Senator LITTELL

 

 

An Act concerning boat safety certification and amending P.L. 1987, c.453

 

    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 , except that:

    (1) a person who is 18 years of age or older, and who has in his possession a valid motor vehicle operator's license issued pursuant to R.S.39:3-10, may operate 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, a power vessel that is (a) powered solely by an electric motor or a motor, or combination of motors, of 10 horsepower or less, and (b) not a personal watercraft;

    (2) an out-of-State resident, or a resident of a foreign country, who is 18 years of age or older and who will be in this State for less than 90 days may operate 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, a power vessel that is (a) registered in that person's State or country of residence and (b) not a personal watercraft; and

    (3) a person who is 18 years of age or older may operate 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, a rented power vessel that is powered by a motor, or combination of motors, of more than 10 horsepower, and that is not a personal watercraft, under the following conditions:

    (a) the person rents the power vessel from a business engaged in renting power vessels for use on the waters of the State;

    (b) the person has successfully completed a State-approved pre-rental instruction course provided by the owner or lessor of the power vessel prior to operating the power vessel on the waters of the State; and

    (c) the owner of the power vessel rental business is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety.

    The Superintendent of State Police shall establish appropriate guidelines to implement the provision of this subsection.

    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 (T & E).

    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.59, s.1)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would provide exemptions from the current requirement that persons born after December 31, 1978, successfully complete a boat safety course prior to operating a power vessel on the waters of the State. The bill would allow persons 18 years of age or older to operate a power vessel that is not a personal watercraft (e.g., jet ski, waverunner) on the waters of the State without completing the boat safety course if:

    1) the person possesses a valid driver's license and operates a power vessel powered by a motor of 10 horsepower or less;

    2) the person is not a New Jersey resident, is in this State for less than 90 days, and possesses a power vessel registered in another state or country; or

    3) the person rents a power vessel powered by a motor of more than 10 horsepower from a boat rental business and the person has successfully completed a State-approved pre-rental instruction course administered by the owner of the boat rental business prior to


operating the vessel, provided that the owner of the business is an experienced boater and has successfully completed the State boat safety course.

 

 

                             

Exempts certain persons from boat safety course requirements.