New Jersey Statutes 12:7-61. Operation of power vessels, personal watercraft; boat safety course requirements; violations
Terms Used In New Jersey Statutes 12:7-61
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Boat Regulation Commission established pursuant to section 14 of P. See New Jersey Statutes 12:7-71
- Department: means the Department of Law and Public Safety. See New Jersey Statutes 12:7-71
- Division: means the Division of Motor Vehicles in the Department of Transportation. See New Jersey Statutes 12:7-71
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Length: means measurement from end to end over the deck parallel to the centerline excluding sheer, bowsprits, bumpkins, rudders, outboard motors, brackets or other equipment or appendages. See New Jersey Statutes 12:7-71
- Motor: means a temporarily or permanently installed fuel consuming mechanism by which the vessel is or may be propelled, including an electrical motor. See New Jersey Statutes 12:7-71
- Operate: means to navigate, use, control or command a vessel. See New Jersey Statutes 12:7-71
- Operator: means every person having charge, control, operation or direction of any vessel and the owner of the vessel if the owner is on the vessel at the time it is operated in violation of the law. See New Jersey Statutes 12:7-71
- Owner: means a person, other than a lienholder, having the property in or title to a vessel. See New Jersey Statutes 12:7-71
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Personal watercraft: means a personal watercraft as defined by section 1 of P. See New Jersey Statutes 12:7-71
- Power vessel: means a vessel temporarily or permanently equipped with machinery for propulsion, including a personal watercraft, and shall not include a vessel propelled wholly by sails or by muscular power. See New Jersey Statutes 12:7-71
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Vessel: means a boat or watercraft, other than a sea plane on the water, used or capable of being used as a means of transportation on water. See New Jersey Statutes 12:7-71
(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 an electric motor; 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;
(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; and
(4) A person who is under 16 years of age but at least 13 years of age and who possesses a certificate certifying the person’s successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, or a person under 16 years of age but at least 13 years of age who is an out-of-State resident or resident of a foreign country who possesses proof of successful completion of a boat safety course as provided in paragraph (2) of subsection b. of this section may operate a power vessel on the tidal and nontidal waters of this State while actually competing in an authorized race held under the auspices of a duly incorporated yacht club or racing association conducted under the rules of a national boat racing association in accordance with rules and regulations prescribed by the New Jersey Boat Regulation Commission in consultation with the Division of State Police in the Department of Law and Public Safety and pursuant to a permit issued by that division. Such permit may include limitations on age, vessel type, and horsepower.
b. As provided in the schedule set forth in section 7 of P.L.2005, c.292 (C. 12:7-61.1), as of June 1, 2009, a person who is 16 years of age or older shall not operate a power vessel, including 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, except that:
(1) (Deleted by amendment, P.L.2005, c.292).
(2) an out-of-State resident, or a resident of a foreign country who is 16 years of age or older and who will be in this State for less than 90 days may 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 if the person presents:
(i) written proof of successful completion of a boat safety course endorsed or approved by another state, the National Association of State Boating Law Administrators or its successor organization, or the United States Coast Guard;
(ii) written proof of successful completion of a boat safety course substantially similar to the boat safety course required pursuant to this section as determined by the Superintendent of State Police; or
(iii) a boat safety certificate issued by the state or country in which the person resides;
(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 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.
(4) A person required to take the boat safety course pursuant to this section and section 7 of P.L.2005, c.292 (C. 12:7-61.1) who purchases a power vessel that is not a personal watercraft at a boat dealership may operate that power vessel for 30 days without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety provided that the person successfully completes a State-approved pre-purchase instruction course provided by the owner or operator of the boat dealership prior to operating the power vessel, and the owner or operator of the boat dealership is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police. The State-approved pre-purchase instruction course required by this paragraph shall be a uniform, standardized course developed by the Superintendent of State Police. The State-approved pre-purchase instruction course shall not replace the requirement that a person shall successfully complete an approved boat safety course pursuant to the other provisions of P.L.2005, c.292 (C. 12:7-61.1 et al.). The provisions of this paragraph shall not apply to a person purchasing a power vessel from another private party.
(5) A person holding a United States Coast Guard operator’s license may 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.
The Superintendent of State Police shall establish appropriate guidelines to implement the provisions 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 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 8 of P.L.2005, c.292 (C. 12:7-61.2).
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 Chief Administrator of the New Jersey Motor Vehicle Commission 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 proof of successful completion of the course or the written examination for experienced boaters with the application. The chief administrator shall not issue a power vessel operator’s license to such person who fails to submit this proof. A permanent State of New Jersey boating safety certificate or a temporary boating safety certificate issued on a Division of State Police application for boating safety certificate form shall satisfy this requirement.
L.1987, c.453, s.2; amended 1995, c.401, ss.45,17 (s.17 amended 1996, c.15, s.2); 1996, c.15, s.1; 1996, c.59, s.1; 1997, c.152, s.3 (repealed 2005, c.292, s.9.) 1997, c.152, s.5; 2005, c.292, s.1; 2009, c.1, s.1; 2011, c.107, s.1; 2015, c.67.