reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.38 - Numbering of vessels required; exemptions

12:7-34.38. Numbering of vessels required; exemptions
3. Except as herein otherwise provided, every vessel which is upon the waters of this State shall be numbered in accordance with the provisions of this act, and no person shall operate or give permission to operate any vessel on such waters unless it is so numbered.
A vessel shall not be required to be numbered under this act if it is:
(a) A documented vessel;
(b) Being legally operated and meets all current requirements pursuant to applicable federal law or a federally-approved numbering system of another state; provided that such vessel shall not have been within this State for a period in excess of 180 consecutive days, unless it is in New Jersey for the purpose of wet or dry storage, or for repairs, in which case the actual time for said storage or repair shall not be counted as included within the 180 days aforesaid; provided, however, that a vessel shall be considered to be based within this State if its owner owns, maintains, leases, or rents space in this State for its storage, mooring, or servicing on other than a transient basis;
(c) From a country other than the United States temporarily using the waters of this State;
(d) A public vessel of the United States, a state or subdivision or agency thereof;
(e) A ship's lifeboat;
(f) Any vessel used exclusively for racing while actually competing in or tuning up for an authorized race held under the auspices of a duly incorporated yacht club or racing association in accordance with the rules and regulations prescribed by the Division of State Police and pursuant to a permit duly issued by that division;
(g) A sailboat or vessel, except for power vessels, used exclusively on small lakes and ponds wholly within private lands;
(h) A non-motorized, inflatable surfboard, racing shell, rowing scull, tender for direct transportation between a vessel and the shore and for no other purpose (dinghy), or vessel, except power vessels, of 12 feet or less in length;
(i) A canoe or kayak; or
(j) A sailboat of 12 feet or less in length.
A sailboat shall be required to be numbered under this act if it is any class of one-design sailboat, in excess of 12 feet in length, which is temporarily or permanently equipped with power installed either inboard or outboard.
L.1962,c.73,s.3; amended 1965,c.206,s.4; 1980,c.97,s.2; 1985,c.56,s.1; 1995,c.401,s.20.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.39 - Application for vessel number; certificate; display.

12:7-34.39 Application for vessel number; certificate; display.
4. (a) The owner of a vessel required to be numbered in this State shall file an application with the New Jersey Motor Vehicle Commission on forms approved by it. The application shall be signed by the owner and shall be accompanied by the fee prescribed by this act for such vessel. Upon receipt of the application in the approved form and the prescribed fee, the New Jersey Motor Vehicle Commission shall enter the same upon the records of its office and issue to the applicant a pocket-size, laminated or otherwise water resistant certificate of number, which shall state the name and address of the owner, a description of the vessel, its use, and the number assigned.
(b) Except as provided herein, the certificate of number shall be available at all times for inspection on the vessel for which issued whenever such vessel is in operation. The certificate of number for vessels less than 26 feet in length and leased or rented to another for the latter's noncommercial use of less than 24 hours may be retained on shore by the vessel's owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative; provided such substitute as the New Jersey Motor Vehicle Commission may prescribe by regulation is carried on board.
(c) The number assigned to a vessel shall be displayed on each side of the bow thereof, as prescribed by regulations of the New Jersey Motor Vehicle Commission, using letters and numerals not less than three inches in height; except that this provision shall not apply to a one-design class racing sailboat, without power installed either inboard or outboard, which is required to be numbered under section 3 of P.L.1962, c.73 (C.12:7-34.38). No other number shall be displayed on the bow.
(d) No application for a vessel number shall be approved if the applicant or owner has been found to have violated section 3 of P.L.1975, c.369 (C.12:7C-9) or subsection b. of section 10 of P.L.1975, c.369 (C.12:7C-16), until the New Jersey Motor Vehicle Commission has been notified by the appropriate municipality or harbor commission that all outstanding charges for vessel removal, storage, and destruction costs have been satisfied.
L.1962, c.73, s.4; amended 1980, c.97, s.3; 1985, c.56, s.2; 1995, c.401, s.21; 2008, c.52, s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.40 - Rules, regulations concerning numbering system

12:7-34.40. Rules, regulations concerning numbering system
5. The division shall make and promulgate rules and regulations concerning the numbering system to be used, which system shall conform as near as possible with any over-all system of identification numbering for vessels which is being used by the United States Government or its agencies. Such rules and regulations shall go into effect immediately upon promulgation.
L.1962,c.73,s.5; amended 1980,c.97,s.4; 1995,c.401,s.22.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.41 - Recording of vessel description, number

12:7-34.41. Recording of vessel description, number
6. The owner of any vessel identified by a number in full force and effect which has been awarded to it pursuant to a then operative federal law or federally-approved numbering system of another State shall record with the division the vessel's description and number prior to using such vessel upon the waters of this State in excess of the 180-day reciprocity period provided for in section 3 of P.L.1962, c.73 (C.12:7-34.38). Such recording shall be in the same manner and pursuant to the same procedure prescribed in section 4 of P.L.1962, c.73 (C.12:7-34.39) except that no additional or substitute number shall be assigned.
L.1962,c.73,s.6; amended 1980,c.97,s.5; 1995,c.401,s.23.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.44 - Misstatements in application for numbering

12:7-34.44. Misstatements in application for numbering
No person shall make any misstatement of fact in an application for the numbering of a vessel or give a fictitious name or address.
L.1962, c. 73, s. 9, eff. June 11, 1962. Amended by L.1980, c. 97, s. 6, eff. July 1, 1981.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.44a - Documented vessel; certificate of registration

12:7-34.44a. Documented vessel; certificate of registration
10. (a) For the purposes of P.L.1962, c.73 (C.12:7-34.36 et seq.), a documented vessel is based within this State if its owner owns, maintains, leases or rents space in this State for its storage, mooring or servicing on other than a transient basis.
(b) The owner of a documented vessel of 500 gross tons or less based in this State shall file an application for the registration of such vessel with the division on forms approved by it. The application shall be signed by the owner and shall be accompanied by the fee prescribed herein for the vessel. Upon receipt of the application in the approved form and the prescribed fee, the division shall enter the same upon the records of its office and issue to the applicant a pocket-size, laminated or otherwise water resistant certificate of registration which shall state the name and address of the owner, a description of the vessel, and its use.
(c) The certificate of registration shall be available at all times for inspection on the vessel for which issued whenever the vessel is in operation.
(d) The fees for the initial registration of a documented vessel and for each renewal thereof, shall be based on the length of the vessel and shall be the same as provided for in section 12 of P.L.1962, c.73 (C.12:7-34.47) for other vessels of the same length.
L.1980,c.97,s.10; amended 1995,c.401, s.24.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.45 - Change of address of owner; status of vessel

12:7-34.45. Change of address of owner; status of vessel
10. (a) Whenever the owner of a vessel numbered pursuant to P.L.1962, c.73 (C.12:7-34.36 et seq.) changes his address from that shown on his certificate of number, he shall, within one week thereof, notify the division, in writing, of his new address. The division may provide, by regulation, for showing the new address by the alteration of the certificate or for its surrender and replacement by a corrected certificate.
(b) Whenever a vessel numbered under this act is sold, transferred, lost, destroyed or abandoned, the owner of record shall, within one week thereof, notify the division in writing of the change in the status of the vessel. The division may, by regulation, also require the surrender of the certificate of number, if it was not destroyed by the occurrence.
L.1962,c.73,s.10; amended 1995,c.401,s.25.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.46 - Accidents involving vessels.

12:7-34.46 Accidents involving vessels.
11. (a) Whenever any vessel upon the waters of this State is involved in an accident, it shall be the duty of the operator, so far as he can do so without serious danger to his own passengers, guests, crew, himself or his vessel, to render to all other persons affected by the accident such assistance as may be necessary in order to save them from or to minimize any danger caused by the accident. He shall also give his name, address, and identifying information regarding his vessel to any person injured and to the owner of any property damaged in the accident. Any person who shall violate this subsection shall be fined not less than $200 or more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 or more than $600, or be imprisoned for a period of not less than 30 days or more than 90 days, or both.
(b) Whenever an accident involves any vessel subject to this act and results in the death, disappearance, or injury of any person, or in property damage in excess of the federal standard for filing an accident report as established pursuant to 33 C.F.R. s.173.55, the operator or operators thereof shall file, with the Division of State Police, a full description of the accident, including such information as that division may, by regulation, require within the times specified in subsection (c) of this section. The Superintendent of State Police shall notify operators, in a manner deemed appropriate, of a change in the federal standard for filing an accident report.
(c) A boating accident that occurs on the waters of this State shall be reported to the Division of State Police by the quickest means of communication possible, if the accident has caused the death or the disappearance of any person; any other reportable boating accident that may result in personal injury or property damage shall be reported within 10 days to the Division of State Police.
(d) The report of a boating accident herein required to be made by the operator of the vessel involved in the boating accident shall not, during any judicial proceeding, be referred to in any way; it shall not be subject to subpoena nor admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based thereon will be made available upon request for official purposes to the United States Coast Guard or any federal agency successor thereto.
L.1962, c.73, s.11; amended 1995, c.401, s.26; 2005, c.292, s.3; 2014, c.17, s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47 - Fees

12:7-34.47 Fees
12. The fees for the initial numbering of all vessels and for each renewal of the certificate of number issued thereto, unless otherwise provided by law, shall be:
(a) For all vessels less than 16 feet,$12 per year; 16 feet or more but less than 26 feet, $28 per year; 26 feet or more but less than 40 feet, $52 per year; 40 feet or more but less than 65 feet, $80 per year; 65 feet or more, $250 per year. The revenue derived from the increase, pursuant to the amendatory provisions of section 12 of P.L.2002, c.34, in the amount of the fees imposed under this subsection shall be deposited into the "Maritime Industry Fund" established pursuant to section 8 of P.L.2001, c.429 (C.27:1A-82), as follows: in fiscal year 2003, 50% of the revenue derived from the increase in fees, in fiscal year 2004, 75% of the revenue derived from the increase in fees; and in fiscal year 2005 and thereafter, 100% of the revenue derived from the increase in fees.
(b) (Deleted by amendment.)
(c) Special numbers including up to three duplicates thereof and up to four sets of temporary numbers bearing a number corresponding to the special number, shall be assigned to boat dealers and manufacturers, as provided for under rules and regulations to be promulgated by the division, and such numbers shall be displayed temporarily upon boats being tested, demonstrated, photographed or transported, said display to be as prescribed in the rules and regulations aforementioned.
For each such special number so assigned the fee shall be $75 for one year.
(d) A fee shall not be charged for the numbering of any marine equipment operated and maintained by the State of New Jersey; a county; a municipality; a volunteer first aid, rescue, or emergency squad; a search and rescue unit established within a fire district created pursuant to N.J.S.40A:14-70; or a volunteer fire company created pursuant to N.J.S.40A:14-70.1. This subsection shall apply only to marine equipment which is used exclusively in the performance of the prescribed duties of the governmental entities and organizations described above.
L.1962,c.73,s.12;amended 1965, c.206, s.5; 1972, c.50, s.1; 1980, c.97, s.7; 1995, c.401, s.27; 2002, c.34, s.12.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47a - Tax exemption certificate, necessity

12:7-34.47a. Tax exemption certificate, necessity
6. (a) Except as provided in subsection (b) hereof, the owner of every power vessel required to be numbered pursuant to this act shall and the owner of every documented power vessel of 500 gross tons or less which is based within this State may annually apply to the division for a tax exemption certificate for the power vessel and pay the fee for such certificate in this act prescribed, which fee shall be in lieu of any assessment or personal property tax imposed by the laws of this State;
(b) The owners of power vessels used solely for their pleasure and recreation shall not be subject to the requirements of subsection (a) hereof and need not apply for a tax exemption certificate.
L.1965,c.206,s.6; amended 1995,c.401,s.28.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47b - Documented power vessel based within state

12:7-34.47b. Documented power vessel based within state
For the purposes of this act a documented power vessel is based within this State if its owner owns, maintains, leases or rents space in this State for its storage, mooring or servicing on other than a transient basis.
L.1965, c. 206, s. 7, eff. Dec. 21, 1965.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47c - Application procedure for exemption certificate

12:7-34.47c. Application procedure for exemption certificate
8. (a) Applications for the issuance of a tax exemption certificate shall be made to the division on forms prescribed and supplied by it. Upon application and payment of the fees prescribed, the director shall provide suitable evidence of compliance with this act which shall be displayed in or on each power vessel in a manner to be provided by regulations of the director.
(b) Application for a tax exemption certificate for the tax year 1966 and all subsequent tax years shall be filed with the division on or before June 1 of the tax year or within 30 days of the purchase or acquisition of the power vessel, whichever date is the later.
L.1965,c.206,s.8; amended 1995,c.401,s.29.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47d - Fee for certificate

12:7-34.47d. Fee for certificate
A fee of $1.00 shall be charged and collected for the issuance of a tax exemption certificate for each vessel and for the annual renewal of said certificate
L.1965, c. 206, s. 9, eff. Dec. 21, 1965. Amended by L.1972, c. 50, s. 2; L.1980, c. 97, s. 11, eff. July 1, 1981.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47e - Director authorized to utilize machine records facilities

12:7-34.47e. Director authorized to utilize machine records facilities
10. The director is authorized to utilize the machine records facilities of other State agencies in the administration of this act.
L.1965,c.206,s.10; amended 1995,c.401,s.30.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47f - Governmental fee exception

12:7-34.47f. Governmental fee exception
11. The director shall issue a tax exemption certificate, without fee, for any power vessel owned, or leased by, the State, a county or municipality or by any instrumentality thereof or by any agency or authority created by this State or by compact between this and any other State or States.
L.1965,c.206,s.11; amended 1995,c.401,s.31.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47g - Charitable organization fee exception

12:7-34.47g. Charitable organization fee exception
12. The director shall issue a tax exemption certificate, without fee, for any power vessel owned by associations or corporations organized exclusively for charitable purposes.
L.1965,c.206,s.12; amended 1995,c.401,s.32.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47i - Taxation of power vessels being held for sale

12:7-34.47i. Taxation of power vessels being held for sale
Nothing contained herein shall be construed as exempting from personal property taxation power vessels which are being held for sale by a manufacturer, wholesaler or retailer of such vessels.
L.1965, c. 206, s. 14, eff. Dec. 21, 1965.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47j - Rules, regulations

12:7-34.47j. Rules, regulations
15. The director is authorized to issue rules and regulations necessary for the administration and enforcement of the tax exemption certificate provisions of this act, including, but not limited to the establishment of a schedule for the initial issuance of said certificate.
L.1965,c.206,s.15; amended 1995,c.401,s.33.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47k - Duration of previously issued certificates of number

12:7-34.47k. Duration of previously issued certificates of number
Certificates of number heretofore issued shall remain valid for the period for which issued without payment of additional fee.
L.1965, c. 206, s. 16, eff. Dec. 21, 1965.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.47l - Effective date; applicability; construction

12:7-34.47l. Effective date; applicability; construction
This act shall take effect immediately and shall apply to the tax year 1966 and thereafter. Nothing contained herein shall be construed so as to relieve any person of any property taxes due and payable in the tax year 19 65 or in prior years.
L.1965, c. 206, s. 17, eff. Dec. 21, 1965.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.48a - Fees; deposit; appropriation

12:7-34.48a. Fees; deposit; appropriation
All fees received pursuant to P.L.1962, c. 73 (C. 12:7-34.36 et seq.) and P.L.1965, c. 206 (C. 12:7-34.47a et seq.) shall be deposited as part of the State's general funds with the State Treasurer, who shall keep a record of the same. The sums shall be credited to a permanent revolving fund for the then current fiscal year and thereafter, from year to year, as a replacement thereof, and shall not lapse into the unappropriated funds of the State Treasury, to be appropriated annually to implement P.L.1962, c. 73 (C. 12:7-34.36 et seq.) and P.L.1965, c. 206 (C. 12:7-34.47a et seq.) and maintain and expand the State Marine Police Force.
L.1980, c. 97, s. 12, eff. July 1, 1981.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.49 - Boat Regulation Commission established.

12:7-34.49 Boat Regulation Commission established.
14. (a) There is established within the department a seven-member Boat Regulation Commission which shall consist of the Attorney General as ex officio member and six public members. The public members shall be appointed by the Governor with the advice and consent of the Senate for four-year terms commencing on April 1 of the year of the appointment, except that of those first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a term of three years and one for a term of four years. As far as possible the public members shall be experienced boaters and shall represent the various geographical sections and boating interests of the State. At least one of the public members shall be actively employed in the marine industry.
The chairman shall be designated by the Governor. Each member of the commission shall serve at the pleasure of the Governor during his term and until the successor of the commission member has been appointed and has qualified. Vacancies shall be filled only for the unexpired term.
(b) The members of the commission shall serve without compensation except for the actual expenses incurred while engaged in their duties as members of the commission.
(c) The commission will promulgate rules and regulations, subject to the approval of the Attorney General, not inconsistent with the provisions of this act and including, but not limited to the inspection, operation, equipping, anchorage, racing and safety of vessels upon the waters of this State.
These rules and regulations shall be such as are reasonably necessary for the protection of the health, safety and welfare of the public and for the free and proper use of said waters by any persons or vessels in, on or about such waters. These regulations shall not be inconsistent with regulations issued by the agency or agencies of the United States having jurisdiction with respect to power vessels upon the waters of this State.
The commission shall meet monthly or at the call of the Attorney General or the chairman of the commission or when requested by any three members of the commission. The Attorney General shall designate a staff from the department to handle administrative matters for the commission. The commission shall maintain minutes of its meetings and, within five working days following the commission's approval of the minutes, submit them to the: Governor; President of the Senate; Minority Leader of the Senate; Speaker of the General Assembly and Minority Leader of the General Assembly.
L.1962,c.73,s.14; amended 1995, c.401, s.34; 2005, c.292, s.4.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.50 - Rules and regulations; effective date of changes

12:7-34.50. Rules and regulations; effective date of changes
(a) (Deleted by amendment.)
(b) No changes in the rules and regulations shall go into effect from May 1 to September 30 of any year unless the Boat Regulation Commission shall find a need for the adoption of emergency rules and regulations pursuant to subsection (c) of section 4 of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-4(c).
(c) (Deleted by amendment.)
L.1962, c. 73, s. 15, eff. June 11, 1962. Amended by L.1980, c. 97, s. 8, eff. July 1, 1981.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.53 - Construction of chapter 7 of title 12; special rules, regulations

12:7-34.53. Construction of chapter 7 of title 12; special rules, regulations
18. No provision of chapter 7 of Title 12 of the Revised Statutes shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of chapter 7 of Title 12, amendments thereto or regulations issued thereunder: Provided, that such ordinance or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of chapter 7 of Title 12, amendments thereto or regulations issued thereunder.
(a) Any subdivision of this State may, at any time, but only after public notice, make formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth herein the reasons which make such special rules and regulations necessary or appropriate.
(b) The commission is hereby authorized to make, adopt and promulgate special rules and regulations, subject to the approval of the Attorney General, with reference to the operation of vessels on the waters of this State within the territorial limits of any subdivision of this State.
L.1962,c.73,s.18; amended 1995,c.401,s.35.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.54 - Repeals

12:7-34.54. Repeals
The following sections of P.L.1954, c. 236 are repealed: Sections 2, 3, 5, 8, 10, 11, 12, 15, 16, 17, 21, 24, 26 and 32.
L.1962, c. 73, s. 19, eff. June 11, 1962.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-44 - Additional powers of department

12:7-44. Additional powers of department
1. In addition to the powers conferred upon the Department of Law and Public Safety by the provisions of Title 12 of the Revised Statutes, the department is hereby authorized and empowered to regulate the operation, docking, mooring and anchoring of power vessels operating on the waters of this State.
L.1952,c.157,s.1; amended 1995,c.401,s.36.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-45 - Speed of power vessels

12:7-45. Speed of power vessels
The speed of power vessels shall at all times be regulated so as to avoid danger or injury to all manner of craft whether floating, moored, anchored or underway, or to piers, wharfs, bulkheads, draw spans or other water-front construction, either directly or by the effect of the wash or wave raised by such power vessel through its speed or otherwise.
L.1952, c. 157, p. 524, s. 2, eff. May 9, 1952.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-47 - Reckless operation of vessel; penalties, fines

12:7-47. Reckless operation of vessel; penalties, fines
4. a. A person who disregards the rights or safety of others and operates a vessel on the waters of this State in a manner which unnecessarily interferes with the free and proper use of any waters, or which unnecessarily creates a risk of damage or injury to other craft therein, or to person or property, shall be guilty of reckless operation of a vessel and subject to a term of imprisonment not to exceed 60 days, or to a fine of not less than $50 nor more than $200, or both.
On a second or subsequent conviction, a person guilty of reckless operation of a vessel shall be subject to a term of imprisonment not to exceed three months, or to a fine of not less than $100 nor more than $500, or both.
b. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate forfeiture of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.
L.1952,c.157,s.4; amended 1995,c.401,s.38.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-47.1 - Child under 12 required to wear personal flotation device on vessel underway

12:7-47.1. Child under 12 required to wear personal flotation device on vessel underway
1. a. Every person who operates a vessel on the waters of this State with a child 12 years of age or under on board shall have the child wear at all times a properly fitted United States Coast Guard approved personal flotation device whenever the vessel is underway.
b. Any person guilty of violating this act shall be fined not less than $25 or more than $50.
c. The operator of a vessel shall not be guilty of a violation of this act if a United States Coast Guard flotation device of a size to properly fit the child is not commercially available.
L.1999,c.161,s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-47.2 - Rules, regulations

12:7-47.2. Rules, regulations
2. The Boat Regulation Commission shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations necessary to effectuate the purposes of this act. The commission shall exempt any class of vessel from the requirements of this act if it deems that the size or purpose of the vessels in a specific class make the requirements unnecessary or inappropriate. The class of vessel exempt from the requirements of this act shall include, but need not be limited to, the class of vessels in which large commercial tour or ferry boats are listed.
L.1999,c.161,s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-48 - Mooring, grounding or abandoning hulk or derelict on State lands

12:7-48. Mooring, grounding or abandoning hulk or derelict on State lands
No power vessel shall be used to moor, ground or abandon any hulk or derelict on State lands below mean high-water mark.
L.1952, c. 157, p. 524, s. 5, eff. May 9, 1952.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-49 - Dredges having in tow excessive lines of pontoons or other equipment

12:7-49. Dredges having in tow excessive lines of pontoons or other equipment
No person shall operate a dredge which shall have in tow excessive lines of pontoons and other equipment and thereby endanger buoys, lights and other aids to navigation. A length of pontoon or other tow exceeding one hundred fifty feet measured from the stern of the towing vessel shall be deemed for the purposes of this act presumptive evidence of a violation of this section where damage is shown to have occurred within twenty-four hours after the passage of such pontoon or tow.
L.1952, c. 157, p. 524, s. 6, eff. May 9, 1952.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-50 - Appointment of harbor masters

12:7-50. Appointment of harbor masters
7. The department may, whenever in its discretion it shall be deemed necessary, appoint harbor masters who shall have controlling jurisdiction under the law governing the Department of Law and Public Safety to supervise the use of tidal waters within the jurisdiction of this State. Such harbor masters shall be appointed for one year and shall serve without salary and in accordance with rules and regulations promulgated by the commission. Harbor masters appointed under this act shall be supplied with a shield or badge indicating their office and with an insignia to be carried on their boats while being used on official duty under this act.
L.1952,c.157,s.7; amended 1995,c.401,s.39.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-51 - General penalties

12:7-51. General penalties
8. Any person who shall violate any provision of chapter 7 of Title 12 of the Revised Statutes, or of any rule or regulation issued thereunder, where the penalty therefor is not specifically prescribed, shall be subject to a fine of $25 for a first offense, $50 for a second offense and $100 for a third and each subsequent offense of the same violation.
L.1952,c.157,s.8; amended 1995,c.401,s.40.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-53 - Repeal

12:7-53. Repeal
"An act for the regulation of power vessels, providing for the registration of the same and the licensing of the operators thereof, fixing the amount of license and registration fees and penalties for violations, and supplementing Title 12 of the Revised Statutes," approved June fourth, one thousand nine hundred and thirty-eight, is repealed.
L.1952, c. 157, p. 525, s. 10, eff. May 9, 1952.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-55 - Implied consent.

12:7-55 Implied consent.
7. a. (1) A person who operates a power vessel or a vessel which is 12 feet or greater in length on the waters of this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood, except that the taking of samples shall be made in accordance with the provisions of P.L.1986, c.39 and at the request of a member of the State Police or a law enforcement officer who has reasonable grounds to believe that the person has been operating a vessel in violation of the provisions of section 3 of P.L.1952, c.157 (C.12:7-46).
(2) Whenever an operator has been involved in an accident resulting in death, bodily injury or property damage, an officer shall consider that fact along with all other facts and circumstances in determining under paragraph (1) of this subsection whether there are reasonable grounds to believe a person is operating a vessel in violation of the provisions of section 3 of P.L.1952, c.157 (C.12:7-46).
b. A record of the taking of the sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy shall be furnished or made available to the person so tested, upon his request.
c. In addition to the samples taken and tests made at the direction of a member of the State Police or a law enforcement officer, the person tested shall be permitted to have samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.
d. A member of the State Police or a law enforcement officer shall inform the person tested of his rights under subsections b. and c. of this section.
e. No chemical test, as provided in this section, or specimen necessary for a test, may be made or taken forcibly and against physical resistance thereto by the defendant. A member of the State Police or a law enforcement officer shall, however, inform the person arrested of the consequences of refusing to submit to the test, in accordance with section 9 of P.L.1986, c.39 (C.12:7-57). A standard statement, prepared by the Chief Administrator of the New Jersey Motor Vehicle Commission shall be read by a member of the State Police or a law enforcement officer to the person under arrest.
L.1986,c.39,s.7; amended 1993, c.233; 1995, c.401, s.41; 2004, c.80, s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-56 - Methods, techniques.

12:7-56 Methods, techniques.
8. Chemical analyses of the arrested person's breath, to be considered valid under the provisions of section 7 of P.L.1986, c.39 (C.12:7-55) shall have been performed according to methods approved by the Attorney General and by a person certified for this purpose by the Attorney General. The Attorney General is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct the analyses, and to make certifications of the individuals. Certifications shall be subject to termination or revocation at the discretion of the Attorney General. The Attorney General shall prescribe a form for reports of the chemical analysis of breath to be used by law enforcement officers and others acting in accordance with the provisions of section 7 of P.L.1986, c.39 (C.12:7-55). The forms shall be sequentially numbered. Each chief of police, in the case of forms distributed to law enforcement officers and others in his municipality, or the other officer, board, or official having charge or control of the law enforcement department, where there is no chief, and the Chief Administrator of the New Jersey Motor Vehicle Commission and the Superintendent of State Police, in the case of forms distributed to law enforcement officers and other personnel in their divisions, shall be responsible for the furnishing and proper disposition of the forms. Each responsible party shall prepare or have prepared records and reports relating to the forms and their disposition, in the manner and at such times as the Attorney General shall prescribe.
L.1986,c.39,s.8; amended 2004, c.80, s.3.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-58 - Work release program

12:7-58. Work release program
10. a. A person who has been convicted of violating section 3 of P.L.1952, c.157 (C.12:7-46), and who has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not be released after commitment until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may, at the discretion of the court, be released on a work release program.
b. A warden or other officer having custody of the county jail or workhouse shall not release a person until the sentence has been served, except that a person may be released by the court on a work release program. A person sentenced to an inpatient rehabilitation program may be released by the court, upon the petition of the treating agency, to an outpatient rehabilitation program for the duration of the original sentence.
c. This section shall not be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writ, or an appeal.
L.1986,c.39,s.10; amended 1995,c.401,s.43.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-59 - Written notice of penalties

12:7-59. Written notice of penalties
11. A person shall receive written notice of the penalties under section 3 of P.L.1952, c.157 (C.12:7-46) and section 9 of P.L.1986, c.39 (C.12:7-57), when that person is issued a license to operate a vessel, a registration certificate, a certificate of number or a certificate of ownership under chapters 7 and 7A of Title 12 of the Revised Statutes.
L.1986,c.39,s.11; amended 1995,c.401,s.44.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-61.1 - Schedule for completion of mandatory boat safety course.

12:7-61.1 Schedule for completion of mandatory boat safety course.
7. Before operating a power vessel, including a personal watercraft, on the waterways of this State, the mandatory boat safety course required by section 2 of P.L.1987, c.453 (C.12:7-61) shall be successfully completed as follows:
a. by persons born after December 31, 1978;
b. before June 1, 2006, by persons born after December 31, 1968 and on or before December 31, 1978;
c. before June 1, 2007 , by persons born after December 31, 1958 and on or before December 31, 1968;
d. before June 1, 2008 , by persons born after December 31, 1948 and on or before December 31, 1958; and
e. before June 1, 2009 by all other persons.
L.2005,c.292,s.7.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-61.2 - Written test in lieu of boat safety course for experienced boaters.

12:7-61.2 Written test in lieu of boat safety course for experienced boaters.
8. a. The Superintendent of State Police shall develop, and the superintendent, or a designee, shall administer, a written test for experienced boaters which shall be issued in lieu of completing the boat safety course required pursuant to section 2 of P.L.1987, c.453 (C.12:7-61). The superintendent shall determine the criteria that shall be met for a person to qualify as an "experienced boater" pursuant to subsection d. of this section. When developing the written test, the superintendent shall consult with groups concerned with the nationwide standardization of such tests. Upon successful completion of the test, the person shall be given a certificate which shall fulfill the certificate requirement under subsection d. of section 2 of P.L.1987, c.453 (C.12:7-61) and shall be required to be in the person's possession as provided in that section. A person may only take one test pursuant to this subsection.
b. A person who takes a test pursuant to subsection a. of this section shall pay a fee as determined by the superintendent to defray the costs of developing and administering the test and issuing certificates to persons who successfully complete the test.
c. In addition to all other penalties provided by law, a person who provides false information on an application for a written test issued pursuant to subsection a. of this section shall be subject to a fine of $100.
d. The superintendent shall determine the qualifications for application and all other requirements under this section.
e. The superintendent shall be exempt from the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in performing the requirements of this section.
L.2005,c.292,s.8.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-62 - "Personal watercraft" defined

12:7-62. "Personal watercraft" defined
1. For the purposes of this act, "personal watercraft" shall mean a power vessel defined as a Class "A" vessel by the United States Coast Guard, and which:
a. Is designed to be operated from a sitting, standing or kneeling position;
b. Is equipped with an internal combustion engine which powers a water jet pump; and
c. Cannot be operated in a manner so as to disengage the pump so as to prevent the vessel from making headway.
L.1993,c.299,s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-63 - Restrictions on operation of personal watercraft.

12:7-63 Restrictions on operation of personal watercraft.
2. A person shall not operate a personal watercraft:
a. On the waters of this State between sunset and sunrise, or during any time of restricted visibility as determined by an agent or officer of the Marine Law Enforcement Bureau, Division of State Police;
b. Within the confines of the Point Pleasant Canal in the County of Ocean, or the Cape May Canal in the County of Cape May;
c. Above minimum headway speed within 100 feet of:
(1) Buoys or signs that mark the boundaries of a swimming area;
(2) The shoreline;
(3) Any person in the water; or
(4) Residential dwelling units; or
d. In such a manner as to make the vessel completely leave the water or otherwise become airborne within 100 feet of another vessel.
L.1993, c.299, s.2; amended 2009, c.108, s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-64 - Requirements for operator of personal watercraft

12:7-64. Requirements for operator of personal watercraft
3. A person operating a personal watercraft shall at all times:
a. Wear the safety switch lanyard while the personal watercraft is underway, provided that the personal watercraft is equipped with such a lanyard cut-off device; and
b. Proceed at a safe speed that shall allow the person operating the personal watercraft to take proper and effective action to avoid collision and to stop the personal watercraft within a safe distance, as may be appropriate under prevailing circumstances and conditions.
L.1993,c.299,s.3.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-65 - Floatation device required

12:7-65. Floatation device required
4. A person operating a personal watercraft or any passenger on a personal watercraft shall at all times when the personal watercraft is underway, wear a United States Coast Guard Approved Type I, II, III, or Type V Hybrid Personal Flotation Device.
L.1993,c.299,s.4.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-66 - Rules, regulations

12:7-66. Rules, regulations
5. The Boat Regulation Commission, subject to the approval of the Attorney General and consistent with section 14 of P.L.1962, c.73 (C.12:7-34.49) shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.
L.1993,c.299,s.5.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-67 - Adoption, enforcement of ordinances, resolutions

12:7-67. Adoption, enforcement of ordinances, resolutions
6. a. The governing body of a county or municipality shall not adopt or enforce any ordinance or resolution, as appropriate, relating to the operation of personal watercraft on the waters of this State which is inconsistent with the provisions of this act, except as provided in subsection (a) of section 18 of P.L.1962, c.73 (C.12:7-34.53).
b. Any ordinance or resolution adopted by the governing body of a county or municipality in violation of subsection a. of this section shall be null and void.
c. Nothing in this section shall be deemed to preclude the governing body of a county or municipality from adopting or enforcing an ordinance or resolution to provide access to the waters of this State located within the territorial limits of the county or municipality to the operators of personal watercraft; provided that the ordinance or resolution provides for appropriate access to those waters for all types of power vessels operating within the territorial limits of the county or municipality, as the case may be.
L.1993,c.299,s.6.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-68 - Operator permitted to tow water skier

12:7-68. Operator permitted to tow water skier
7. The operator of a personal watercraft designed to accommodate three or more persons shall be permitted to tow a water skier, provided that the personal watercraft has the capacity to allow one of the persons to face the stern of the personal watercraft for the purpose of tending to a ski rider; and that the person tending to the ski rider shall be present during the towing of the ski rider.
L.1993,c.299,s.7.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-69 - Violations; fines, penalties.

12:7-69 Violations; fines, penalties.
8. A person who violates any provision of P.L.1993, c.299 (C.12:7-62 et seq.) shall be subject to the fines and penalties enumerated pursuant to section 8 of P.L.1952, c.157 (C.12:7-51). The Division of State Police in the Department of Law and Public Safety, and any officer of a county or municipal police department are authorized to enforce the provisions of P.L.1993, c.299 (C.12:7-62 et seq.) in a proceeding before a court of competent jurisdiction concerning the operation of personal watercraft, however, the Division of State Police shall maintain primary jurisdiction over the investigation of accidents and crimes involving the operation of personal watercraft.
L.1993, c.299, s.8; amended 2009, c.108, s.2.