reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7A-25 - Injunctive relief; penalties

12:7A-25. Injunctive relief; penalties
a. If any person violates any of the provisions of this act or any rule, regulation or order adopted or issued pursuant to the provisions of this act, the director may institute a civil action in a court of competent jurisdiction for injunctive relief to enforce said provisions and to prohibit and prevent that violation and the court may proceed in the action in a summary manner. Any person who violates the provisions of this act or any rule, regulation or order adopted or issued pursuant to this act shall be liable to a civil administrative penalty of not more than $5,000.00 for each offense, to be imposed by the director pursuant to standards adopted in regulations; or a civil penalty of not more than $5,000.00 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law," N.J.S. 2A:58-1 et seq., or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.
b. The Superior Court and the municipal courts shall have the jurisdiction to enforce the provisions of this act. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The director is authorized to compromise and settle any claim for a penalty under this section in such amount in the discretion of the director as may appear appropriate and equitable under all of the circumstances.
c. (Deleted by amendment, P.L. 1987, c. 138.)
L. 1984, c. 152, s.25; amended by L. 1987, c. 138, s. 12.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7A-26 - Boat Certification Fund

12:7A-26. Boat Certification Fund
All moneys collected for fees and penalties imposed by this act 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 fund to be known as the "Boat Certification Fund," which fund shall be used exclusively for the administrative and enforcement costs associated with carrying out the provisions of this act. Any moneys remaining in the Boat Certification Fund at the close of each fiscal year shall be allocated to the Attorney General for disbursement to the State Marine Police Force. This fund shall be kept separate and apart from all other State moneys and shall be disbursed by the State Treasurer on vouchers certified to by the director.
L. 1984, c. 152, s. 26, eff. June 15, 1987.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7A-27 - Severability

12:7A-27. Severability
This act shall be construed liberally to effectuate its purposes. Any act or part of acts inconsistent with this act are hereby superseded. If any section or provision or rule or regulation issued pursuant to this act is held invalid, such ruling shall not affect the validity of the remainder of the sections or regulations of this act.
L. 1984, c. 152, s. 27, eff. June 15, 1987.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7A-28 - Rules, regulations

12:7A-28. Rules, regulations
a. The director is authorized to adopt, pursuant to law, regulations to implement the provisions of this act. The director shall, to the maximum extent practicable and feasible, adopt regulations similar to those adopted for implementation of chapter 10 of Title 39 of the Revised Statutes.
b. The director may adopt regulations regarding stop sale, stop use or stop movement orders in lieu of seizure, whether actual or constructive, of marine equipment that does not conform to the provisions of this act or any regulations adopted pursuant to this act.
c. The director shall adopt, and may amend, rules providing a schedule of reasonable fees similar to those adopted for implementation of chapter 10 of Title 39 of the Revised Statutes, to the maximum extent practicable and feasible, to defray the administrative costs of issuing certificates of ownership, providing copies and duplicates of certificates, and filing certificates, as provided for by sections 12, 13, 15 and 18 of this act.
d. All rules and regulations for the implementation of this act shall be adopted by the director pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).
L. 1984, c. 152, s. 28, eff. June 15, 1987.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7A-29 - Transfer of Boat Act powers

12:7A-29. Transfer of Boat Act powers
All powers and duties exercised by the Department of Environmental Protection pursuant to the "New Jersey Boat Act of 1962," P.L. 1962, c. 73 (C. 12:7-34.36 et seq.) are transferred to the Division of Motor Vehicles in the Department of Law and Public Safety. The transfer directed by this section shall be made in accordance with the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).
L. 1984, c. 152, s. 29, eff. June 15, 1987.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7B-1 - Craft required to carry and display lights

12:7B-1. Craft required to carry and display lights
Every rowboat, canoe, sailboat or craft propelled by hand or foot, operating on any fresh water lake lying wholly within the State and having a total area of not less than 3 1/2 square miles, shall from sunset to sunrise carry and display lights when under way or at anchor as follows: (a) a bright white light aft to show all around the horizon visible at a distance of at least 2 miles; and (b) in addition, if 26 feet or over in length, on the starboard (right side) a green light and on the port (left side) a red light both so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass visible at a distance of at least 1 mile, so fixed as to throw the light from right ahead to 2 points abaft the beam, and fitted with inboard screens of sufficient length and height to prevent such lights from being visible across the bow.
L.1957, c. 111, p. 216, s. 1, eff. June 28, 1957.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7B-2 - Penalty; enforcement

12:7B-2. Penalty; enforcement
2. Any person who violates any provision of this act shall be subject to a fine not exceeding $100.00, which shall be collected in the manner provided in "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court and every municipal court shall have jurisdiction to enforce the provisions of this act.
L.1957,c.111,s.2; amended 1991,c.91,s.220.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-1 - Flat-bottomed boat, barge, scow or raft; abandonment; misdemeanor

12:7C-1. Flat-bottomed boat, barge, scow or raft; abandonment; misdemeanor
It shall be unlawful for any person to willfully abandon any flat-bottomed boat, barge, scow or raft to or upon any public land or waterway or to or upon any private property without the consent of the official designated by ordinance to perform such functions in the municipality having jurisdiction over such public land or waterway, or the owner or other person in charge of the private property. A flat-bottomed boat, barge, scow or raft which has remained moored, grounded or otherwise attached or fastened to or upon any public land or waterway or any private property without such consent for a period of more than 20 days shall be prima facie evidence of such abandonment.
Any person who violates this section shall be guilty of a misdemeanor.
L.1969, c. 264, s. 1, eff. Jan. 9, 1970.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-2 - Forfeiture; notice; sale

12:7C-2. Forfeiture; notice; sale
Any such abandoned flat-bottomed boat, barge, scow or raft which is moored, grounded, or otherwise attached or fastened to or upon any public land or waterway or to or upon any private property in violation of section 1 of this act shall be seized and forfeited to the municipality in which such violation occurred; provided, however, that said forfeiture shall not become effective until the municipality shall cause written notice of the pendency thereof to be sent to the last known address of the owner of such vessel and shall further cause a copy thereof to be posted upon said vessel stating that unless the vessel is removed within 72 hours of the posting of the notice forfeiture shall occur. The forfeiture provisions of this section shall not apply to innocent owners, nor shall they affect the rights of a holder of a valid lien. After a period of at least 90 days has elapsed from the date of forfeiture, the municipality may sell such abandoned flat-bottomed boat, barge, scow or raft at auction in a public place, after giving notice of such sale by certified mail to the owner, if his name and address be known, and to the holder of any security interest, and by publication at least 5 days before the date of sale in one newspaper circulating in the municipality in which such abandoned flat-bottomed boat, barge, scow or raft is to be sold.
L.1969, c. 264, s. 2, eff. Jan. 9, 1970.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-3 - Redemption

12:7C-3. Redemption
At any time prior to the sale, any flat-bottomed boat, barge, scow or raft seized and forfeited to a municipality in accord with section 2 of this act, may be redeemed by the owner thereof, or other person entitled thereto upon payment to the municipality of an amount equal to the actual expense incurred by the municipality in removing such vessel and placing it in a boat storage basin plus 6% interest, or an amount equal to $10.00 per day for every day from the date of forfeiture, whichever is the greater.
L.1969, c. 264, s. 3, eff. Jan. 9, 1970.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-4 - Vessels on State lands

12:7C-4. Vessels on State lands
Nothing in this act shall be construed as giving a municipality jurisdiction over vessels moored, grounded, attached or fastened upon the riparian lands of the State, and over which the State asserts sole jurisdiction.
L.1969, c. 264, s. 4, eff. Jan. 9, 1970.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-5 - Barge docked on bank of river; bond by owner; grounds for forfeiture

12:7C-5. Barge docked on bank of river; bond by owner; grounds for forfeiture
The owner of any barge which is to be docked in or on the bank of any river within this State for more than 10 consecutive days whether it is to be occupied or not, except as otherwise provided herein, may be required to post a bond of $25,000.00 with the governing body of the municipality within whose jurisdiction it is located, said bond to be forfeited to be used in the event such barge sinks or otherwise becomes unable to navigate under its own power, and the necessary moneys expended to remove such barge from the river and the river bank; provided, however, this act shall not apply to barges, ships or boats owned or operated by common carriers engaged in interstate or foreign commerce, nor shall it apply to pleasure craft used on a seasonal basis.
L.1971, c. 281, s. 1, eff. Aug. 4, 1971.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-6 - Cancellation of bond upon removal of barge

12:7C-6. Cancellation of bond upon removal of barge
The surety on the bond shall have the right to cancel such bond automatically upon removal of the barge.
L.1971, c. 281, s. 2, eff. Aug. 4, 1971.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-7 - "Short title" amended.

12:7C-7 "Short title" amended.
1. This act shall be known and may be cited as the "Abandoned or Sunken Vessels Disposition Law."
L.1975, c.369, s.1; amended 2008, c.52, s.4.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-8 - Definitions.

12:7C-8 Definitions.
2. The following terms whenever used or referred to in this act shall have the following meanings unless a different meaning clearly appears from the context:
a. "Vessel" means a boat, ship, or any other watercraft, regardless of whether it is, or was, used for recreational, commercial, or industrial purposes, or any other purpose, other than a seaplane on the water, used or capable of being used as a means of transportation on the water, except a boat or watercraft which is subject to the provisions of P.L.1969, c.264 (C.12:7C-1 et seq.), and includes any trailer used to transport or store it.
b. "Owner" means a person or any other legal entity, other than a lienholder, having a property interest in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
c. "Lienholder" means any person or any other legal entity holding a security interest in or to a vessel.
d. "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.
e. "Commission" means the New Jersey Motor Vehicle Commission.
f. "Waters of this State" means all waters within the jurisdiction of this State, both tidal and nontidal, and the marginal sea adjacent to this State to a distance of three nautical miles from the shoreline.
g. "Removal costs" means any or all costs associated with the removal, raising, towing, transporting, cleaning, storage, or destruction of any vessel from land or water and shall include the reimbursement of any or all costs incurred by the applicant in the course of acquiring title to an abandoned vessel, including acquiring title to any trailer abandoned with the vessel.
h. "Municipal waterway" means any portion of a body of water located within a municipality or any portion of a body of water over which a municipality or harbor commission legally exercises jurisdiction.
L.1975, c.369, s.2; amended 1995, c.401, s.46; 2008, c.52, s.5.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-9 - Abandonment of vessel, removal, impoundment; incident report; penalty.

12:7C-9 Abandonment of vessel, removal, impoundment; incident report; penalty.
3. a. It shall be unlawful for any owner to abandon any vessel to or upon public land or waters of this State, including any municipal waterway, to or upon any municipally-owned land, or to or upon any private property or the water immediately adjacent thereto without the consent of the official designated by law to have jurisdiction over such public land or waterway, or the owner or other person in charge of the private property except when an emergency exists.
b. (1) A vessel which has remained moored, grounded, docked, or otherwise attached or fastened to or upon any public land or waterway or any private property without such consent for a period of more than 30 days, or which is submerged partially or completely into the water for any period of time shall be deemed abandoned and may be impounded if an official authorized by statute or ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority has reason to believe the vessel has been abandoned.
(2) The vessel may be removed from a municipal waterway by, or at the direction of, the municipality or harbor commission and may be impounded under the provisions of paragraph (1) of this subsection and removed to a storage space, and its registration certificate and registration plates seized.
(3) The owner shall be responsible for the cost of the removal, transportation, storage or disposal, and any other incidental costs associated with the impounded vessel.
(4) Whenever a vessel is removed pursuant to this subsection, the official designated by law to have jurisdiction over the municipal waterway shall file an incident report with the New Jersey Motor Vehicle Commission.
c. (1) An owner who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not more than $1,000. Each day upon which the violation continues shall constitute a separate offense.
(2) The civil penalty imposed pursuant to this subsection shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. An official authorized by statute or ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of this section and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
L.1975, c.369, s.3; amended 2008, c.52, s.6; 2011, c.172, s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-10 - Presumption that vessel is abandoned, acquisition of title, reclamation.

12:7C-10 Presumption that vessel is abandoned, acquisition of title, reclamation.
4. If the owner of the vessel fails to claim the impounded vessel and pay the reasonable costs of removal and storage by midnight of the 30th day following impoundment, it shall be prima facie evidence of abandonment and shall establish a rebuttable presumption that the vessel is abandoned. A landowner, his lessee, or his agent, or a municipality or harbor commission, in the case of a municipal waterway, may institute proceedings to acquire title to any abandoned vessel on his land or the water immediately adjacent thereto in the case of a landowner, his lessee, or his agent, or which has become abandoned in a municipal waterway, in the case of a municipality or harbor commission. The acquisition of title divests any other person and any other legal entity, including lienholders, of any interest in the vessel.
At any time prior to the final acquisition of title by the landowner, his lessee, his agent, or a municipality or harbor commission, the owner or a lessor or holder of a lien on the vessel may reclaim possession of it upon payment of the reasonable costs of removal and storage of the vessel and any outstanding penalties and court costs assessed against him; provided, however, that if it is a lessor or the holder of a lien who is reclaiming the vessel, he may reclaim the vessel without payment for the storage but shall pay the costs of removal. In such cases, the owner of the vessel shall be liable for all outstanding costs, fines and penalties, and the municipality shall have a lien against the property and income of that violator for the total amount of those outstanding costs, fines, and penalties if the vessel has been abandoned in a municipal waterway or on municipally-owned land.
L.1975, c.369, s.4; amended 2008, c.52, s.7.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-11 - Notification of owner, lienholder.

12:7C-11 Notification of owner, lienholder.
5. If a vessel has a boat registration number or other means of identifying the owner thereof, the person, entity, municipality, or harbor commission desiring to acquire title, shall, if possible, secure the owner's last known address, and the lienholder, if any, appearing on the records of the commission, and shall notify the owner by registered letter to his last known address and the lienholder by registered letter at the address of the lienholder appearing on the records of the commission that if ownership is not claimed and the vessel removed within 30 days, title to the vessel will be applied for in his or its name, or in the name of the municipality, or harbor commission, as appropriate. If any vessel's owner cannot be identified or his address ascertained, or no lienholder appears on the records of the commission, the registered letter need not be sent.
L.1975, c.369, s.5; amended 1995, c.401, s.47; 2008, c.52, s.8.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-12 - Notice of intent to acquire title; publication; contents.

12:7C-12 Notice of intent to acquire title; publication; contents.
6. The person, entity, municipality, or harbor commission desiring to acquire title shall also place a notice in a newspaper of general circulation published in the county or municipality where the vessel is located, describing the vessel, its location of abandonment, any identifying number, and shall state if the vessel is not claimed and removed within 30 days after the publication date of the notice, the person, entity, municipality, or harbor commission, as the case may be, will apply for title to the vessel in the person's, entity's, municipality's, or harbor commission's name.
L.1975, c.369, s.6; amended 2008, c.52, s.9.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-13 - Application for title.

12:7C-13 Application for title.
7. At the end of the 30-day period the person, entity, municipality, or harbor commission desiring to acquire title shall apply to the commission for transfer of title to the vessel. The application shall be accompanied by the following affidavits:
a. A statement that the vessel has been abandoned.
b. Proof that the registered letter was mailed at least 30 days before application or a detailed explanation of the unsuccessful steps taken to identify and secure the address of the owner or lienholder, or both.
c. Proof that a notice was printed in a paper as required in section 6 of P.L.1975, c.369 (C.12:7C-12).
L.1975, c.369, s.7; amended 1995, c.401, s.48; 2008, c.52, s.10; 2011, c.172, s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-14 - Issuance of title to vessel.

12:7C-14 Issuance of title to vessel.
8. Upon receipt of the material required in section 7 of P.L.1975, c.369 (C.12:7C-13) and upon payment of any fees and taxes due, the commission shall issue the applicant a title to the vessel.
L.1975, c.369, s.8; amended 1995, c.401, s.49; 2008, c.52, s.11.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-15 - Costs of receiving title.

12:7C-15 Costs of receiving title.
9. All costs incurred in receiving title to a vessel under P.L.1975, c.369 (C.12:7C-7 et seq.) shall be borne by the applicant. In the case of an applicant that is a municipality or a harbor commission, the applicant may recover all costs incurred in receiving title to an abandoned vessel from the previous owner of the vessel in the same manner as the recovery of the removal or destruction costs authorized under subsection a. of section 10 of P.L.1975, c.369 (C.12:7C-16).
L.1975, c.369, s.9; amended 2008, c.52, s.12.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-16 - Removal of vessel, costs; violations, penalties.

12:7C-16 Removal of vessel, costs; violations, penalties.
10. a. After receiving title, if the applicant desires to remove an abandoned vessel from the applicant's land or the water immediately adjacent thereto, or from a municipal waterway or land owned by the municipality, or to destroy such vessel, any costs incurred by the applicant shall be borne by the previous owner of the vessel, provided that the owner shall have been identified pursuant to section 5 or 6 of P.L.1975, c.369 (C.12:7C-11 or C.12:7C-12).
b. (1) A previous owner who does not pay the removal cost of the vessel, or who does not reimburse the applicant for the removal cost of the vessel, shall be liable to a civil penalty of not more than $1,000, in addition to any penalty that may be imposed under section 3 of P.L.1975, c.369 (C.12:7C-9).
(2) The civil penalty imposed pursuant to this subsection shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. An official authorized by statute or ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of this section and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
L.1975, c.369, s.10; amended 2008, c.52, s.13.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-17 - Report of destruction, disposal of vessel.

12:7C-17 Report of destruction, disposal of vessel.
11. After receiving title if the applicant destroys or otherwise disposes of the vessel, the applicant shall report the same to the commission within 15 days giving all details.
L.1975, c.369, s.11; amended 1995, c.401, s.50; 2008, c.52, s.14.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-18 - Acquisition of title by commission.

12:7C-18 Acquisition of title by commission.
12. The commission may receive title to any vessel abandoned on any of the waters of this State, including municipal waterways, or on any land owned by this State or any of its political subdivisions by proceeding in the same manner as a landowner, his lessee, or his agent, or a municipality, or a harbor commission, as set forth in P.L.1975, c.369 (C.12:7C-7 et seq.).
L.1975, c.369, s.12; amended 1995, c.401, s.51; 2008, c.52, s.15.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-19 - Violations; penalties.

12:7C-19 Violations; penalties.
13. a. (Deleted by amendment, P.L.2008, c.52)
b. Any person who obtains or attempts to obtain title to a vessel under the provisions of P.L.1975, c.369 (C.12:7C-7 et seq.) through fraudulent means is liable to a civil penalty of not more than $1,000.
The civil penalty imposed pursuant to this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. An official authorized by ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of the ordinance and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
L.1975, c.369, s.13; amended 1995, c.401, s.52; 2008, c.52, s.16.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7C-20 - Rules, regulations.

12:7C-20 Rules, regulations.
14. The commission may promulgate pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such rules and regulations deemed necessary to carry out the provisions of P.L.1975, c.369 (C.12:7C-7 et seq.).
L.1975, c.369, s.14; amended 1995, c.401, s.53; 2008, c.52, s.17.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7D-1 - Vessel, defined

12:7D-1. Vessel, defined
As used herein:
"Vessel" means a ship, boat or other watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
L.1972, c. 163, s. 1, eff. Oct. 12, 1972.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7D-2 - Rendering assistance to persons affected by collision, accident or casualty; giving name, address and identification; duties of operator of vessel; liability for assistance rendered

12:7D-2. Rendering assistance to persons affected by collision, accident or casualty; giving name, address and identification; duties of operator of vessel; liability for assistance rendered
a. The operator of a vessel involved in a collision, accident, or other casualty, to the extent he can do so without serious danger to his own vessel, or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the collision, accident, or casualty. He shall also give his name, address, and the identification of his vessel to any person injured and to the owner of any property damaged. The duties imposed by this subsection are in addition to any duties otherwise imposed by law.
b. Any person who complies with subsection a. of this section or any other person who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be liable in any civil action to respond in damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance.
L.1972, c. 163, s. 2, eff. Oct. 12, 1972.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7E-1 - Powers of marine patrolmen

12:7E-1. Powers of marine patrolmen
Notwithstanding the provisions of any statute or any rule or regulation of the Department of Environmental Protection, the supervisory force of marine patrolmen, created pursuant to section 17 of P.L.1962, c. 73 (C. 12:7-34:52), shall have the same powers conferred upon them, pursuant to R.S. 12:6-6, with respect to motor vehicles operating on the ice-covered waters of this State as may be provided by law with respect to power and other vessels using such waters.
L.1979, c. 58, s. 1, eff. March 27, 1979.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7E-2 - Rules and regulations; exclusive authority of commissioner of department of environmental protection

12:7E-2. Rules and regulations; exclusive authority of commissioner of department of environmental protection
The Commissioner of the Department of Environmental Protection shall have the exclusive authority to promulgate rules and regulations pertaining to the seasonal operation of motor vehicles on the frozen waters of this State when such vehicles are used during periods when ice-bound conditions preclude the normal use of such waters by vessels.
L.1979, c. 58, s. 2, eff. March 27, 1979.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-1.1 - Findings, declarations relative to pilotage.

12:8-1.1 Findings, declarations relative to pilotage.
1. The Legislature finds and declares:
a. The State of New Jersey has responsibility for port security in the Port of New York and New Jersey and, pursuant to federal law, has the right and responsibility to regulate maritime pilotage in the port.
b. In the aftermath of the terrorist attacks of September 11, 2001, increased emphasis has been required by both the federal and state governments on homeland security, with particular attention to the security of American ports.
c. Although efforts have been made to enhance the defense of the New York and New Jersey port area from terrorist attacks and to implement improved immigration and customs procedures, modernization and clarification of New Jersey's laws relating to those who pilot and dock foreign and domestic vessels have not yet occurred.
d. There is a need to provide for a system that will ensure the proper and consistent identification, training, selection, oversight and monitoring of both maritime pilots and docking pilots.
e. It is therefore in the public interest to modernize, clarify, revise and expand New Jersey's maritime pilotage laws, and to strengthen the New Jersey pilotage commission by expanding its powers and duties and clarifying that docking pilots are under its jurisdiction.
f. It is further in the public interest that the commission be charged with the concurrent responsibility to ensure the safe operation and navigation of vessels, to protect the environment and enhance the economic viability of the port.
L.2004,c.72,s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-1.2 - Definitions relative to pilotage.

12:8-1.2 Definitions relative to pilotage.
2. As used in chapter 8 of Title 12 of the Revised Statutes:
"Apprentice" means a person who is listed as a qualified apprentice with the commission pursuant to section 34 of P.L.2004, c.72 (C.12:8-50) or who is on the commission's books as an apprentice pursuant to R.S.12:8-10, R.S.12:8-11 or R.S.12:8-12.
"Bar of Sandy Hook" or "bar" means the built-up area under the waters between the northern most point of Sandy Hook extending generally northeastward to the south shore of Long Island caused by a deposit of sediment. The location of the bar is not static.
"Commission" means the New Jersey Maritime Pilot and Docking Pilot Commission established pursuant to R.S.12:8-1.
"Commissioners" means the commissioners of maritime and docking pilots appointed by the Governor pursuant to R.S.12:8-1.
"Docking pilot" means a person licensed by the commission and entered in the register maintained pursuant to section 36 of P.L.2004, c.72 (C.12:8-52).
"Independent Pilot Association" means any association of pilots or docking pilots, other than the United New York or New Jersey Sandy Hook Pilots' Benevolent Associations, whose members are qualified to pilot vessels in pilotage waters.
"Maritime pilot," "Licensed pilot" or "Sandy Hook pilot" means a person who is licensed by the commission to pilot regulated vessels pursuant to R.S.12:8-12 and who is a member of the United New Jersey Sandy Hook Pilots' Benevolent Association or the United New York Sandy Hook Pilots' Benevolent Association.
"Pilotage waters" means boundary waters of the states of New Jersey and New York, ports on those boundary waters, the Sandy Hook, Raritan, Upper and Lower Bays of the Port of New York and New Jersey; the rivers Raritan, Hackensack, Passaic and Shrewsbury, Newark Bay, Arthur Kill, Kill van Kull, the Bar at Sandy Hook and waters easterly of the Bar on which regulated vessels navigate when entering or departing the port of New York and New Jersey, ports south of Sandy Hook to Atlantic City and waters easterly of these ports which regulated vessels navigate when entering or departing these ports.
"Pilots' Association" or "association" means the United New Jersey Sandy Hook Pilots' Benevolent Association or the United New York Sandy Hook Pilots' Benevolent Association.
"President" means the president of the commission.
"Regulated vessel" means a vessel required by the laws of the states of New Jersey or New York to take a state licensed maritime pilot.
"Tugboat" means any vessel employed to assist the movement of a regulated vessel on pilotage waters.
L.2004,c.72,s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-1.3 - References deemed changed to NJ Maritime Pilot and Docking Pilot Commission.

12:8-1.3 References deemed changed to NJ Maritime Pilot and Docking Pilot Commission.
4. On and after the effective date of P.L.2004, c.72 (C.12:8-1.1 et al.) any reference in any law, rule, regulation, order, contract or document to the "Board of Commissioners of Pilotage of the State of New Jersey" or the "board of New Jersey pilot commissioners" shall be deemed to mean or refer to the New Jersey Maritime Pilot and Docking Pilot Commission in but not of the Department of Transportation.
L.2004,c.72,s.4.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-2 - Rules, orders, regulations.

12:8-2 Rules, orders, regulations.
12:8-2. The commission may make and establish such rules, orders and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), not inconsistent with the constitutions or the laws of this state or of the United States, for the better government of the maritime pilots, docking pilots, and apprentices, as defined in section 2 of P.L.2004, c.72 (C.12:8-1.2), to ensure safe operation of vessels and safe navigation, and to ensure the most current and exacting levels of training and may provide for such fines and penalties for the violation of these rules, orders and regulations, as it shall deem proper. It may from time to time revoke or amend any such rule, order or regulation.
Amended 2004, c.72, s.5.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-4 - Compensation of commissioners; fees, certain, for expenses of commission.

12:8-4 Compensation of commissioners; fees, certain, for expenses of commission.
12:8-4. The commission shall from time to time establish the percentage of the fees received by maritime pilots for pilotage which is to be remitted to the commission for its services under this chapter. However, the percentage amount shall not be greater than three percent of the pilotage fees. The amount received by the commission shall be used to pay the commission's administrative expenses including, but not limited to, the compensation of the commissioners, their expenses, rent, utilities, employee salaries and benefits. Compensation of the commissioners shall be $28,000 per annum. They shall not be entitled to receive the commissions on extra pilotage for boarding off-shore, or for fees received for what is called transportation or harbor pilotage or any percentage of the fees received by docking pilots.
Amended 2004, c.72, s.7.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-5 - Annual report to Legislature, Governor, State Treasurer.

12:8-5 Annual report to Legislature, Governor, State Treasurer.
12:8-5. The commission shall lay before the Legislature, the Governor and the State Treasurer annually:
a. (Deleted by amendment, P.L.2004, c.72);
b. A report of the activities of the commission within the last year;
c. A statement of the number of licensed maritime pilots, docking pilots and the number of vessels taken in and out; and
d. Such observations in relation to the system of pilotage as in its opinion may tend to the benefit of the cause of commerce and be of advantage to the general interest of the State.
The report shall also include: (1) The commission's receipts and disbursements or revenues and expenses during that year in accordance with the categories and classifications established by the commission for its own operating and capital outlay purposes and as may be requested by the State Treasurer;
(2) Its assets and liabilities at the end of the year;
(3) A list of all contracts exceeding $17,500 entered into during the year; and
(4) A table of organization of the commission's employees.
Amended 2004, c.72, s.8.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-6 - Authority to administer oaths; subpoena power.

12:8-6 Authority to administer oaths; subpoena power.
12:8-6. The president or in the absence of the president, any member of the commission may administer the oath of office to any newly appointed commissioner, deputy maritime pilot, full branch maritime pilot, docking pilot or apprentice and an oath to any person appearing before the commission. By majority vote of the authorized membership, the commission may cause the issuance of subpoena to compel the appearance of persons or the production of documents for use in accident investigations, incident investigations, licensure investigations and revocation proceedings.
Amended 2004, c.72, s.9.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-7 - Order, judgment considered final agency action; judicial review.

12:8-7 Order, judgment considered final agency action; judicial review.
12:8-7. An order or judgment of the commission shall be considered final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and shall be subject only to judicial review as provided in Rules of Court. Any and all proceedings, hearings or meetings of the commission shall be conducted in conformance with the "Open Public Meetings Act," P.L.1975, c.231 (C. 10:4-6 et seq.) including disciplinary and license proceedings, complaints against pilots by users of pilotage services, rate disputes, and any other proceeding resulting in an opinion or order of the commission.
Amended 2004, c.72, s.10.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-8 - Employment of maritime pilots; rotation system.

12:8-8 Employment of maritime pilots; rotation system.
12:8-8. Whenever the services of a maritime pilot are required to pilot a vessel in pilotage waters, the maritime pilots so to be employed shall be employed in rotation.
The commission shall approve any changes in the rotation system by regulation.
Nothing in this chapter shall be construed to authorize the commission to establish, affect, regulate or control any rotation system or method of assignment of docking pilots or to approve or disapprove any changes in the contractual relationships between docking pilots and shipping or tugboat companies.
Amended 1991, c.76, s.1; 2004, c.72, s.11.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-8.1 - Provision of vessels, aircraft for embarkation, disembarkation; inbound, outbound discharge.

12:8-8.1 Provision of vessels, aircraft for embarkation, disembarkation; inbound, outbound discharge.
31. The maritime pilots shall provide vessels or aircraft to embark and disembark maritime pilots to and from vessels required to take a maritime pilot. The general location and type of vessels or aircraft shall be approved by the commission after consultation with the maritime pilots and Commissioners of Pilotage of the State of New York. Maritime pilots assigned to inbound vessels or vessels operating on the waters of this State or boundary waters of this State and the state of New York are not entitled to their discharge until the vessel has arrived at a safe anchorage or is secure in a berth. Maritime pilots assigned to outbound vessels are not entitled to their discharge until the vessel has been brought to a safe anchorage or has reached the pilot station or a point substantially seaward of the sea buoys, or, upon their removal, of the entrance buoys, for Ambrose or Sandy Hook channels.
L.2004,c.72,s.31.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-9 - Licensing of maritime, docking pilots.

12:8-9 Licensing of maritime, docking pilots.
12:8-9. No person shall be licensed as a maritime pilot or docking pilot of this State, except as hereinafter in this chapter provided.
Amended 2004, c.72, s.12.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-9.1 - Pilotage requirements not extended.

12:8-9.1 Pilotage requirements not extended.
6. Nothing in this amendatory and supplementary act shall be construed to extend the requirement of pilotage to any type of vessel that is not required to be piloted pursuant to the laws of this State, and any rules or regulations established thereunder by the commission or that is otherwise exempted from the requirements of state pilotage regulations by statutes of the United States.
L.1991,c.76,s.6; amended 2004, c.72, s.13.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-10 - Pilot boats in Sandy Hook service; apprentices, control and direction of; docking boats.

12:8-10 Pilot boats in Sandy Hook service; apprentices, control and direction of; docking boats.
12:8-10. The pilot boats employed by or belonging in whole or in part to the United New Jersey Sandy Hook Pilots' Benevolent Association, or to the United New Jersey Sandy Hook Pilots' Association, shall be the only maritime pilot boats in the New Jersey Sandy Hook pilot service, or in any bays, rivers, harbors, or ports of the waters of this State or approaches to the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic. Apprentices shall be attached to the pilot boats of said association and the pilot boats may have more than one apprentice.
The apprentices shall be entered in the books of the commission in the name of and indentured to the association, and shall serve as apprentices under the laws of this State.
The association shall have the sole control of all apprentices, subject to the regulations of the commission, until they have served a term of at least four years and shall see that all apprentices entered in the commission's books are fully instructed in their duties in such manner as is necessary to fully qualify them in every respect to perform the duties of a maritime pilot.
Docking pilot boats may be employed by docking pilots for the performance of their duties as needed.
Amended 1991, c.76, s.2; 2004, c.72, s.14.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-11 - Apprentices, term of service, license as deputy maritime pilot after examination.

12:8-11 Apprentices, term of service, license as deputy maritime pilot after examination.
12:8-11. Apprentices shall serve at least four years and for such longer periods of time as may be required by the commission. They shall be examined by the commission as directed by law and thereafter licensed as a deputy maritime pilot, at the discretion of the commission. The apprentices herein provided for shall be the only apprentices to be appointed or employed by the New Jersey Sandy Hook pilots.
Amended 2004, c.72, s.15.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-12 - Licensing as Sandy Hook Pilot, requirements.

12:8-12 Licensing as Sandy Hook Pilot, requirements.
12:8-12. Only a person who has successfully served an apprenticeship with the United New Jersey or New York Sandy Hook Pilots' Benevolent Associations and passed an examination approved by the commission shall be licensed as a deputy maritime pilot or maritime pilot of the State of New Jersey. A person so licensed is to be known as a Sandy Hook Pilot. No New Jersey licensed maritime pilot or deputy maritime pilot may be licensed by another state without the prior permission of the commission and under such terms and conditions as the commission may require.
Amended 2004, c.72, s.16.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:8-13 - Acting as maritime, docking pilot during emergency.

12:8-13 Acting as maritime, docking pilot during emergency.
12:8-13. Upon a specific finding of an emergency, the commission may permit for such time as the emergency exists and at its discretion, any person to act as a maritime or docking pilot as hereinafter provided for, off the bar of Sandy Hook, or of the river Raritan, or of the harbor of Jersey City, Newark or Perth Amboy, after having examined such person in the manner hereinafter mentioned and made such inquiries respecting such person and the person's qualifications as to the commission shall appear necessary and expedient.
Amended 2004, c.72, s.17.