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2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-80 - Findings, declarations

6:1-80. Findings, declarations
1. It is found and declared by the Legislature that an airport hazard endangers the lives and property of the users of the airport and of occupants of land in the vicinity thereof, and also, if the hazard is of the obstruction type, it reduces the size of the area available for landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public benefit therein. Accordingly, it is declared:
a. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; therefore, it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented by the creation of airport safety zones and other means; and
b. That the prevention of the creation or establishment of airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power of the State, without compensation.
L.1983,c.260,s.1; amended 1991,c.445,s.1.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-81 - Short title

6:1-81. Short title
2. Sections 1 through 9 of this act shall be known and may be cited as the "Air Safety and Zoning Act of 1983."
L.1983,c.260,s.2; amended 1991,c.445,s.2.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-82 - Definitions

6:1-82. Definitions
3. As used in this amendatory and supplementary act:
a. "Airport" means any area of land or water, or both designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the public for such purposes, publicly or privately owned, and licensed by the commissioner as a public use airport or landing strip, or a proposed facility for which an application for a license has been submitted in complete form pursuant to N.J.A.C.16:54-1.4 and which has been determined by the commissioner as likely to be so licensed within one year of such determination. "Airport" shall not mean any facility which is owned and operated by a federal or military authority, or which is owned and operated by the Port Authority of New York and New Jersey or which is located within the Port of New York District as defined in R.S.32:1-3.
b. "Airport hazard" means (1) any use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport, or (2) any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport.
c. "Airport safety zone" means any area of land or water, or both upon which an airport hazard might be created or established, if not prevented as provided in this supplementary act.
d. "Commissioner" means the Commissioner of Transportation.
e. "Department" means the Department of Transportation.
f. "Structure" means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, chimneys, and overhead transmission lines.
g. "Tree" means an object of natural vegetative growth.
L.1983,c.260,s.3; amended 1985,c.122; 1991,c.445,s.3.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-83 - Airport safety zones, delineation

6:1-83. Airport safety zones, delineation
4. After public hearing upon notice, including notice to each affected municipality, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations which delineate airport safety zones for all airports subject to this amendatory and supplementary act. The regulations shall describe the methodology used to make the delineation and may delineate subzones.
L.1983,c.260,s.4; amended 1991,c.445,s.4.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-84 - Uses within airport safety zones, standards

6:1-84. Uses within airport safety zones, standards
5. The commissioner shall adopt rules and regulations, pursuant to "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgating standards which specify permitted and prohibited land uses, including the specification of the height to which structures may be erected and trees allowed to grow, within airport safety zones. These standards shall be uniform for all airport safety zones, except that where the commissioner determines that local conditions require it, he may adopt an amended or special standard. No standard adopted under this amendatory and supplementary act shall be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the standard when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 9 of this amendatory and supplementary act.
L.1983,c.260,s.5; amended 1991,c.445,s.5.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-85 - Municipal ordinance to meet State standards

6:1-85. Municipal ordinance to meet State standards
6. Each municipality which contains within its boundaries any part of a delineated airport safety zone shall enact an ordinance or ordinances incorporating the standards promulgated by the commissioner pursuant to section 5 of this amendatory and supplementary act and providing for their enforcement within those delineated areas. A valid copy of this ordinance or ordinances, including any amendments that may be made from time to time, shall be transmitted to the commissioner.
L.1983,c.260,s.6; amended 1991,c.445,s.6.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-85.1 - Municipal notice to owners

6:1-85.1. Municipal notice to owners
11. a. Each municipality which contains within its boundaries any part of a delineated airport safety zone shall notify, in writing, each owner of record of property located within an airport safety zone of the boundaries of the airport safety zone, and a duly authenticated copy of this notification shall be filed with the county recording officer in the same manner as a deed or other instrument of conveyance.
No cause of action against the State, any county or municipality shall arise out of a failure to give the notice required by this subsection.
b. A metes and bounds description of airport safety zones shall be incorporated into the municipal maps used for tax purposes and prepared pursuant to R.S.54:1-15 and P.L.1939, c.167 (C.40:146-27 et seq.).
L.1991,c.445,s.11.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-85.2 - Sellers' notice to buyers

6:1-85.2. Sellers' notice to buyers
12. Any person who sells or transfers a property in an airport safety zone delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.) and appearing in a municipal map used for tax purposes pursuant to subsection b. of section 11 of this 1991 amendatory and supplementary act, shall provide notice to a prospective buyer that the property is located in an airport safety zone prior to the signing of a contract of sale. Failure to provide notice required by this section may result in the suspension or revocation of the person's license to engage in real estate sales in this State or other appropriate disciplinary action by the New Jersey Real Estate Commission in the case of a person subject to the jurisdiction of the commission.
L.1991,c.445,s.12.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-86 - Nonconforming use; permits; fees

6:1-86. Nonconforming use; permits; fees
The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), providing for the issuing of permits and the charging of appropriate fees in cases where, upon request by a municipality and upon the submission of such information as he may require, he determines it to be in the public interest to allow the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to section 5 of this amendatory and supplementary act.
L.1983, c. 260, s. 7, eff. July 7, 1983.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-87 - Injunctions

6:1-87. Injunctions
The commissioner may institute, in any court of competent jurisdiction, an action in the name of the State to prevent, restrain, correct, or abate any violation of any provision of this act, and the court shall adjudge to the State such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, to effectuate the purposes of this act.
L.1983, c. 260, s. 8, eff. July 7, 1983.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-88 - Acquisition of interest in property or nonconforming structure

6:1-88. Acquisition of interest in property or nonconforming structure
In any case in which it is desired to remove, lower, or otherwise terminate a nonconforming use; or in which the necessary protection from an airport hazard cannot, because of constitutional limitations, be provided by zoning regulations; or if it appears advisable that the necessary protection from an airport hazard be provided by acquisition of property rights rather than by zoning regulations, the commissioner may acquire by purchase, grant, condemnation, or otherwise in the manner provided by law, such air right, easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this act, including acquisition of a fee simple estate.
L.1983, c. 260, s. 9, eff. July 7, 1983.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-90 - Findings, declarations.

6:1-90 Findings, declarations.
2. a. The Legislature finds and declares that:
(1) New Jersey's public use, general aviation airports are an integral part of the State's transportation network and promote mobility and economic activities of common public benefit. These public use, general aviation transportation facilities are deteriorating and must be improved as to safety and their economic vitality in order to realize their full public benefit.
(2) There is a growing need to upgrade the safety of general aviation airports, which require such improvements and equipment as radar, instrument landing aids and weather-reporting equipment to enable them to safely handle modern general aviation aircraft.
(3) Many publicly owned, general aviation airports are unable to obtain all of the federal funds available to them for airport development because they are unable to raise money for their local matching requirements.
(4) Many privately owned, public use, general aviation airports which are essential to the State's economic development are in danger of conversion to nonaviation uses, and it is in the public interest to provide State assistance to county and municipal efforts to preserve these airports, through acquisition or other means.
(5) Users of general aviation airports have contributed substantial amounts to the State treasury through fees and fuel taxes, and this money should henceforth be used to establish an airport assistance program.
(6) The long term stability and viability of unrestricted public use airports are greatly dependent upon the economic stability and vitality of the aviation enterprises which are located within them.
(7) It is in the public interest for the Department of Transportation to undertake activities which promote aviation safety, promote aviation education, and provide for the promotion of aeronautics.
b. The Legislature therefore finds and declares that it is in the public interest to establish an Airport Safety Fund, impose a two cent per gallon tax on fuel distributed to general aviation airports, and authorize the Commissioner of Transportation to establish assistance programs to improve the safety and economic vitality of general aviation airports, to promote aviation safety and education, and to provide for the promotion of aeronautics.
c. The Legislature also declares that, inasmuch as federal authorities already register aircraft, it is deemed appropriate to cease the State registration of New Jersey based aircraft, which is currently administered at a net loss.
L.1983,c.264,s.2; amended L.1997,c.231,s.1.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-91 - Definitions.

6:1-91 Definitions.
3. As used in this act:
a. "Commissioner" means the Commissioner of Transportation.
b. "Department" means the Department of Transportation.
c. "Fund" means the Airport Safety Fund, as established in section 4 of this act.
d. "Treasurer" means the State Treasurer.
e. "Unrestricted public use airport" means any facility for the take-off and landing of aircraft, either publicly or privately owned, that does not have restrictive covenants on operational use by the general public for reasons other than safety.
f. "General aviation airport" means any area of land or water, or both, used or made available for the landing and take-off of civil aircraft, and which has further been determined by the Commissioner of Transportation not to be an international airport either by classification or service characteristics.
g. "Turbine fuel" means any liquid or gaseous substance used by jet and turbo-shaft aircraft for the propulsion of aircraft through the air, as determined by the Commissioner of Transportation.
h. "Director" means the Director of the Division of Taxation.
i. "Aviation enterprise" means any business or enterprise which is principally located within a New Jersey unrestricted public use airport where the commissioner has determined such business or enterprise has a direct economic or operational benefit to the airport.
L.1983,c.264,s.3; amended 1997,c.231,s.2.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-92 - "Airport Safety Fund."

6:1-92 "Airport Safety Fund."
4. a. There is established in the general fund a separate special account to be known as the "Airport Safety Fund." Notwithstanding any provisions of law to the contrary and except as otherwise provided in this act, revenues from the taxes imposed on the sale of fuel used in aircraft, pursuant to chapter 39 of Title 54 of the Revised Statutes, revenues from the taxes imposed on the sale of aircraft fuels sold for distribution to general aviation airports, pursuant to this act, and fees imposed under Title 6 of the Revised Statutes shall be credited to the fund.
b. Moneys shall be appropriated from the fund, notwithstanding the provisions of P.L.1976, c.67 (C.52:9H-5 et seq.).
c. Moneys in the fund shall be appropriated to the department only for those aviation purposes which the department is empowered to undertake pursuant to this act or under Title 6 and Title 27.
d. All revenues generated by the taxes imposed on the sale of aircraft fuels, pursuant to chapter 39 of Title 54 of the Revised Statutes; the taxes imposed on the sale of aircraft fuels sold for distribution to general aviation airports, pursuant to this act, and fees imposed under the provisions of Title 6 of the Revised Statutes shall be collected and invested by the Treasurer pursuant to law. Earnings received from the investment or deposit of revenues in the fund shall be paid into and become part of the fund.
e. Any revenues credited to the fund but not appropriated to the department shall remain in the fund exclusively for the purposes set forth in this act.
f. The Director of the Division of Budget and Accounting is empowered to transfer funds from the fund as may be necessary in order to compensate the Division of Taxation for the cost incurred in administering the tax provisions in this act.
g. Moneys paid back to the State pursuant to loans made from the fund shall be paid back into and become part of the fund.
L.1983,c.264,s.4; amended 1997,c.231,s.3.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-94 - Qualifications for assistance from airport safety fund; factors considered in granting application for assistance; certification requirements

6:1-94. Qualifications for assistance from airport safety fund; factors considered in granting application for assistance; certification requirements
Any airport, to qualify under the provisions of section 9 of this act, ^1^ shall not be an international airport, either by classification or service characteristics, as determined by the Commissioner of Transportation, and shall be included in the New Jersey State Airport System Plan, as prepared or revised from time to time by the department.
In considering an application for financial assistance, the commissioner shall consider, in addition to the requirements of eligibility under the provisions of this act and other eligibility criteria that the commissioner may promulgate by rule to effectuate the purposes of section 9 of this act, ^1^ the scope and cost of the improvement required, availability of local funds for airport development, the capture of federal funds, the relative value of that improvement to the other needs of the particular airport, the present and future public service levels in regard to operations, based aircraft, passenger service, freight service, Statewide distribution of services, and local and State economic development, the impact on the area surrounding the airport, the extent to which the improvement will contribute to the welfare of the citizens of the State and the local area, and the relative value to the State airport system as a whole.
The commissioner shall also establish certification requirements to ensure that:
a. The airport will be owned or effectively controlled, operated, repaired and maintained adequately during the improvement's full useful life, for the benefit of the public;
b. In connection with the operation of the airport, during the improvement's full useful life, the public will not be deprived of its rightful, fair, equal and uniform use of the airport;
c. The airport will adhere to State and federal laws and regulations. If an airport received financial assistance under section 9 of this act and ceases operations or fails to continue to comply with the provisions of this section before the predetermined life of the financially assisted improvements, as such life is determined by the commissioner at the time the financial assistance is granted, the State shall be reimbursed for the unused portion of such predetermined life and, if not fully reimbursed, the claim shall be a first lien on the airport property to the extent of the unpaid balance; and
d. If a county or municipality or other public body received financial assistance under section 9 of this act for acquisition of real property, that property shall not be sold or used for any nonaviation purpose without the approval of the commissioner.
L.1983, c. 264, s. 10.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-95.1 - Submission of summary of terms, conditions to Legislature.

6:1-95.1 Submission of summary of terms, conditions to Legislature.
2. The Commissioner of Transportation shall submit to the Legislature for approval a summary of the terms and conditions of each purchase of development rights and the purchase price thereof, as authorized pursuant to section 11 of P.L.1983, c.264 as amended by section 1 of P.L.2000, c.165 (C.6:1-95). The commissioner shall make the submission to the President of the Senate and the Speaker of the General Assembly on a day when both houses are meeting. The President and the Speaker shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively.
Unless the purchase, as described in the submission, is disapproved by adoption of a concurrent resolution to that effect by the affirmative vote of a majority of the authorized membership of both houses within the time period prescribed in this section, the purchase shall be deemed approved and the commissioner shall be authorized to undertake the purchase. The time period shall commence on the day of submission and expire on the forty-fifth day after submission or for a house not meeting on the forty-fifth day, on the next meeting day of that house.
L.2000,c.165,s.2.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-96 - Rules and regulations

6:1-96. Rules and regulations
The commissioner is authorized to make such rules and regulations, in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), as he deems necessary to effectuate the purposes of this act.
L.1983, c. 264, s. 18, eff. July 11, 1983.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-97 - Aircraft exempt from taxation

6:1-97. Aircraft exempt from taxation
All aircraft, whether or not the same are required to be registered under State or federal law, shall be exempt from taxation under chapters 4 and 11A of Title 54 of the Revised Statutes or any other law of this State which may impose a personal property tax.
L.1983, c. 264, s. 19, eff. July 11, 1983.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:1-98 - Governor's Air and Space Medal

6:1-98. Governor's Air and Space Medal
1. a. Each year during the month of May, Aviation Awareness Month, an award shall be presented by the Governor or the Governor's designee, in a public ceremony, to an individual currently or formerly residing in this State, or to an organization located in the State of New Jersey, in recognition of the individual's or organization's outstanding achievement in aeronautics or space exploration. This award shall be known as the Governor's Air and Space Medal, hereinafter, "the medal."
b. Nominations for the medal may be submitted by any individual in the State, at any time during the year, to the Executive Director of Aeronautics, in the Division of Aeronautics in the Department of Transportation, hereinafter, "the executive director," with a written statement setting forth the reasons for the nomination.
L.1995,c.419,s.1.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-1 - Definitions

6:2-1. Definitions
As used in this chapter:
"Aircraft" includes balloon, aeroplane, seaplane and every other vehicle used for navigation through the air. A seaplane, while at rest on water and while being operated on or immediately above water, shall be governed by rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as aircraft.
"Airman" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.
"Passenger" includes any person riding in an aircraft but having no part in its operation.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-6 - Flight over lands permitted; liability for forced landing

6:2-6. Flight over lands permitted; liability for forced landing
Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or the water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For the damages caused by a forced landing, however, the owner or lessee of the aircraft or the airman shall be liable as provided in section 6:2-7 of this title.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-7 - Liability for injuries to person or property; lien on aircraft; mortgagees, vendors and trustees not deemed owners

6:2-7. Liability for injuries to person or property; lien on aircraft; mortgagees, vendors and trustees not deemed owners
The owner of every aircraft which is operated over the land or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by ascent, descent, or flight of the aircraft, or the dropping or falling of any object therefrom, whether such owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An airman who is not the owner or lessee shall be liable only for the consequences of his own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or object falling from it. A chattel mortgagee, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of such aircraft, shall not be deemed an owner within the provisions of this section.
Amended by L.1946, c. 237, p. 849, s. 1.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-9 - Torts and crimes committed in flight; laws of state applicable

6:2-9. Torts and crimes committed in flight; laws of state applicable
All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime or other wrong by or against the owner of such aircraft shall be determined by the laws of this state.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-11 - Acrobatic stunts; low flying over public gatherings prohibited; penalty

6:2-11. Acrobatic stunts; low flying over public gatherings prohibited; penalty
Any airman or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, except while in landing or taking off, fly at such a low level as to endanger the persons on the surface beneath, or drop any object except loose sand or water ballast, shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:2-12 - Killing of birds and animals from planes; penalty

6:2-12. Killing of birds and animals from planes; penalty
Any airman or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor and shall be punished with a fine of not more than one hundred dollars or imprisonment for not more than three months, or both.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:3-1 - Department of Transportation approval

6:3-1. Department of Transportation approval
No county, municipality, public agency, authority or private airport owner in this State, whether acting alone or jointly with another county, municipality, public agency or authority, shall submit to the Administrator of the Federal Aviation Administration of the United States any project application for federal funding under the provisions of section 501 of the Act of Congress approved September third, one thousand nine hundred and eighty-two, being Public Law 248, 97th Congress, known as the " Airport and Airway Improvement Act of 1982," or any amendment thereof and supplement thereto, or under any other federal law, unless the project and the project application have been first approved by the State Department of Transportation. No grant offer or amended grant offer shall be accepted by an airport sponsor without approval by the State Department of Transportation.
L. 1947, c. 315, p. 1039, s. 1. Amended by L. 1985, c. 337, s. 1, eff. Oct. 11, 1985.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-1 - Definitions

6:5-1. Definitions
When used in this act
"Avigation" means the operating, steering, directing or managing of aircraft in or through the air and on the ground or water;
"Aircraft" means any contrivance now known or hereafter invented, used or designed for avigation or flight in the air.
L.1952, c. 199, p. 708, s. 1.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-2 - Right and manner of service of process on nonresidents extended

6:5-2. Right and manner of service of process on nonresidents extended
This chapter shall be construed as extending the right and manner of service of process upon nonresidents, and not as limiting any other lawful manner for such service.
L.1952, c. 199, p. 708, s. 2.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-3 - Secretary of State as agent

6:5-3. Secretary of State as agent
3. (a) Any person, not being a resident of this State, who shall operate, pilot or avigate any aircraft on or over the land or waters or through the airspace of this State, whether or not such person shall be licensed to do so in accordance with the laws of this State or of any other state or under the provisions of the laws, rules or regulations of the United States Government or otherwise; and
(b) Any person or persons, not being a resident or residents of this State or any corporation or association, not incorporated under the laws of this State and not duly authorized to transact business in this State, who by his, their or its agent or servant, shall cause to be operated, piloted or navigated on or over the land or waters or through the airspace of this State any aircraft, which is not registered in this State, whether or not the operator, owner or pilot shall be licensed to operate, pilot or avigate aircraft on or over the land or waters or through the airspace of this State; shall by the operation of such aircraft or by causing the same to be operated, piloted or avigated, over the land or waters or through the airspace of this State, make and constitute the Secretary of State his, their or its agent for the acceptance of process in any civil action issuing out of any court of civil jurisdiction, against any such person or persons, corporation or association, arising out of or by reason of any accident or collision occurring on or over the land or waters or in the airspace of this State in which such aircraft so operated, piloted or avigated is involved. The operating, piloting or avigating or causing to be operated, piloted or avigated of any such aircraft, on or over the land or waters or through the airspace of this State, shall be the signification of the agreement of such nonresident person operating, piloting or avigating the same or of such person or persons or corporation or association for whom such aircraft is operated, piloted or avigated, of his, their or its agreement that any process, against him, them or it which is so served shall be of the same legal force and validity as if served, upon him or them personally or upon it, in accordance with law within this State.
L.1952,c.199,s.3; amended 1991,c.91,s.187.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-5 - Continuances

6:5-5. Continuances
The court in which an action, against an operator, pilot or owner mentioned in section three of this act, is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
L.1952, c. 199, p. 711, s. 5.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-6 - Fee

6:5-6. Fee
The fee of $20.00 paid by the plaintiff to the Secretary of State at the time of service and the cost of giving notice as provided in this act shall be taxed in plaintiff's costs if he prevails in the action.
L.1952, c. 199, p. 711, s. 6. Amended by L.1966, c. 91, s. 2, eff. July 1, 1966.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-8 - Nonresident involved in accident; execution of power of attorney appointing Secretary of State as agent

6:5-8. Nonresident involved in accident; execution of power of attorney appointing Secretary of State as agent
Whenever any collision or accident shall occur on or over the land or waters or in the air spaces of this State and the operator or pilot of any aircraft involved therein shall be a nonresident and not licensed under the laws of this State to operate, pilot or avigate an aircraft, or an aircraft involved in any such collision or accident shall not be registered or licensed under the laws of this State, notwithstanding that such aircraft may be validly licensed and registered under the provisions of the laws, rules and regulations of the United States Government, the magistrate, before whom the nonresident operator, pilot or owner of such aircraft shall be brought, shall require such operator, pilot or owner, as a condition to his release on bail or otherwise, to execute a written power of attorney to the Secretary of State appointing the Secretary of State his lawful agent for the acceptance of service of civil process in any civil action arising out of such collision or accident, instituted or to be instituted by any resident of this State against such nonresident, for or on account of any claim, demand or cause of action arising out of such collision or accident. The power of attorney herein required shall, after the execution thereof, be filed with the Secretary of State.
The requirements of this section shall be in addition to, and not in limitation of, any other law concerning the giving of bail or other security.
L.1952, c. 199, p. 711, s. 8.
2023 New Jersey Revised Statutes › Title 6 - Aviation › Section 6:5-9 - Service of process upon nonresident owner of aircraft involved in accident

6:5-9. Service of process upon nonresident owner of aircraft involved in accident
Civil process in any civil action arising out of a collision or accident in which any aircraft of a nonresident owner, not registered or licensed under the laws of this State, notwithstanding that such aircraft may be validly licensed and registered under the provisions of the laws, rules and regulations of the United States Government, may be served upon such nonresident owner, by service upon any operator, owner or pilot, of such or any other aircraft of such nonresident owner, while such aircraft is being operated in this State by such operator, owner or pilot. Process in any such action may be also lawfully served upon any such nonresident owner by service thereof upon any person, over the age of fourteen years, who has the custody of such aircraft, whether held by him as security or operated or piloted by him, if a copy of such process is also posted in a conspicuous place upon such aircraft.
L.1952, c. 199, p. 712, s. 9.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-3 - Record of protest by notary

7:5-3. Record of protest by notary
Every notary public, upon protesting any bill of exchange or promissory note, shall record in a book to be kept for that purpose the time when, place where and upon whom, demand of payment was made, with a copy of the notice of nonpayment, how and when served; or if sent, in what manner and the time when; and if sent by post, to whom the same was directed, at what place, and when the same was put into such post office, to which record he shall sign his name.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-4 - Certificate of protest furnished

7:5-4. Certificate of protest furnished
Any notary public who shall protest any bill of exchange or promissory note shall furnish to the person paying the costs and expenses of such protest a certificate under his hand and official seal of the matters and things required by section 7:5-3 of this title to be recorded by him.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-5 - Death or removal of notary; deposit of record

7:5-5. Death or removal of notary; deposit of record
Upon the death or removal out of the state of such notary, the record mentioned in section 7:5-3 of this title shall be deposited in the office of the clerk of the county in which he last resided.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-6 - Protest of instruments held by bank or corporation by notary officer or employee thereof

7:5-6. Protest of instruments held by bank or corporation by notary officer or employee thereof
Any notary public who is a stockholder, director, officer, employee or agent of a bank or other corporation may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation, unless such notary is individually a party to such instrument.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-11 - Bonds of Port of New York Authority deemed negotiable instruments when

7:5-11. Bonds of Port of New York Authority deemed negotiable instruments when
Upon the concurrence of the State of New York herein, in the manner indicated in section two hereof, the States of New Jersey and New York agree that any bond, note or instrument heretofore or hereafter issued by the Port of New York Authority containing a provision that upon the happening of a specified event or events it shall be exchanged for or converted into a General and Refunding Bond, Consolidated Bond or Note or other negotiable bond, note or instrument of the Port of New York Authority shall, notwithstanding such provision, be and be deemed to be also a negotiable instrument under the law of each State; provided, that it conforms in all other respects to the requirements for negotiable instruments under the law of such State.
L.1947, c. 45, p. 158, s. 1. Amended by L.1953, c. 169, p. 1431, s. 1.
2023 New Jersey Revised Statutes › Title 7 - Bills, Notes and Checks › Section 7:5-12 - Effective date

7:5-12. Effective date
This act shall take effect upon the enactment into law by the State of New York of legislation having an identical effect with this act, but if the State of New York shall have already enacted such legislation this act shall take effect immediately.
L.1947, c. 45, p. 158, s. 2. Amended by L.1953, c. 169, p. 1431, s. 2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:1-1 - Equal rights of parents to services and earnings of minor child; action for injuries to child

9:1-1. Equal rights of parents to services and earnings of minor child; action for injuries to child
The father and mother of a minor child are equally entitled to its services and earnings. If one of the parents be dead, has abandoned the child, or has been deprived of its custody by direction of court, the other is entitled to such services and earnings.
The parents jointly may maintain an action for the loss of the wages or services of their minor child when such loss is occasioned by an injury, wrongfully or negligently inflicted upon such child. If one of the parents be dead, has abandoned the child, has been deprived of its custody by direction of court or refuses to sue, the other may sue alone.
Nothing contained in this section shall be deemed to supersede, limit, modify or affect the provisions of chapter fifteen of Title 34 (s. 34:15-1 et seq.).
Amended by L.1953, c. 9, p. 69, s. 1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-1 - Custody of children of parents divorced in another state or country; action in Superior Court; notice to persons interested; judgment; exclusion from hearing; records not open to public inspection

9:2-1. Custody of children of parents divorced in another state or country; action in Superior Court; notice to persons interested; judgment; exclusion from hearing; records not open to public inspection
After a divorce adjudged in any other State or country, if minor children of the marriage are inhabitants of this State, the Superior Court, in an action brought by either parent or by a guardian ad litem in behalf of the children, such notice being given to parents as the court shall direct, may make such judgment concerning their care, custody, education and maintenance as if the divorce had been obtained in this State. If the minor child or minor children have not, at the commencement of the action, reached the age of sixteen years, and if it is represented to the court by affidavit or under oath that evidence will be adduced involving the moral turpitude of either parent, or of such minor child or children, or that evidence will be adduced which may reflect upon the good reputation or social standing of the child or children, then the court shall admit to the hearing of such case only such persons as are directly interested in the matter being then heard. The records of such proceedings, including all papers filed with the court, shall be withheld from indiscriminate public inspection, but shall be open to inspection by the parents, or their attorneys, and to no other person or persons except by order of the court made for that purpose.
Amended by L.1948, c. 321, p. 1294, s. 1; L.1953, c. 9, p. 69, s. 2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-2 - Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security

9:2-2. Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security
When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The court, upon application of any person in behalf of such minors, may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section.
Amended by L.1948, c. 321, p. 1295, s. 2.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-3 - Custody of children of parents living separately; powers of court

9:2-3. Custody of children of parents living separately; powers of court
9:2-3. When the parents of a minor child live separately, or are about to do so, the Superior Court, in an action brought by either parent, shall have the same power to make judgments or orders concerning care, custody, education and maintenance as concerning a minor child whose parents are divorced. Until the court determines the final custody of the minor child and unless the parties agree otherwise, the court shall determine temporary custody based upon the best interests of the child with due regard to the caretaking arrangement that previously existed. No child shall be taken forcibly or against the will of the parent having custody by the other parent without a court order. If the child has not, at the time of the commencement of the action, reached the age of 16 years, and if it is represented to the court by affidavit or under oath that evidence will be adduced involving the moral turpitude of either parent, or of the minor child, or that evidence will be adduced which may reflect upon the good reputation or social standing of the child, then the court shall admit to the hearing of such case only such persons as are directly interested in the matter then being heard. The records of such proceedings, including all papers filed with the court, shall be withheld from indiscriminate public inspection, but shall be open to inspection by the parents, or their attorneys, and to no other person except by order of the court made for that purpose.
Amended 1948,c.321,ss.3,11; 1953,c.9,s.3; 1990,c.26,s.1.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-4a - Best interest of child primary consideration.

9:2-4a Best interest of child primary consideration.
4. Notwithstanding any other provisions of law to the contrary, in any action concerning children undertaken by a State department, agency, commission, authority, court of law, or State or local legislative body, the best interests of the child shall be a primary consideration.
L.2015, c.255, s.4.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-4.1 - Person convicted of sexual assault, custody of, visitation to minor child; denied, exceptions.

9:2-4.1 Person convicted of sexual assault, custody of, visitation to minor child; denied, exceptions.
1. a. Notwithstanding any provision of law to the contrary, a person convicted of sexual assault under N.J.S.2C:14-2 shall not be awarded the custody of or visitation rights to any minor child, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
b. Notwithstanding any provision of law to the contrary, a person convicted of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 shall not be awarded the custody of or visitation rights to any minor child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for such custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
c. A denial of custody or visitation under this section shall not by itself terminate the parental rights of the person denied visitation or custody, nor shall it affect the obligation of the person to support the minor child.
d. In any proceeding for establishment or enforcement of such an obligation of support the victim shall not be required to appear in the presence of the obligor and the victim's and child's whereabouts shall be kept confidential.
L.1995,c.55,s.1; amended 1999, c.424.
2023 New Jersey Revised Statutes › Title 9 - Children--Juvenile and Domestic Relations Courts › Section 9:2-4.2 - Parental access to children's records.

9:2-4.2 Parental access to children's records.
1. a. Every parent, except as prohibited by federal and State law, shall have access to records and information pertaining to his or her unemancipated child, including, but not limited to, medical, dental, insurance, child care and educational records, whether or not the child resides with the parent, unless that access is found by the court to be not in the best interest of the child or the access is found by the court to be sought for the purpose of causing detriment to the other parent.
b. The place of residence of either parent shall not appear on any records or information released pursuant to the provisions of this section.
c. A child's parent, guardian or legal custodian may petition the court to have a parent's access to the records limited. If the court, after a hearing, finds that the parent's access to the record is not in the best interest of the child or that the access sought is for the purpose of causing detriment to the other parent, the court may order that access to the records be limited.
L.1997,c.406,s.1.