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, wharves, bulkheads, draw spans or other waterfront
construction, either directly or by the effect of the wash or wave raised
by such power vessel through its speed or otherwise.
A.
A person who is under 16 years of age shall not operate
a power vessel on the waters of this state, except that:
(1)
A person who is under 16 years of age but at least 13
years of age and possesses a certificate certifying that person's successful
completion of a boat safety course approved by the Superintendent of State
Police in the Department of Law and Public Safety may operate:
(2)
A person who is under 16 years of age and has successfully
completed an approved boat safety course prior to July 1, 1996, may operate
a power vessel on the tidal waters of this state, provided that the person
complies with all other requirements of law, rule and regulation.
B.
A person who is 16 years of age or older and was born
after December 31, 1978, shall not operate a power vessel on the waters of
this state without having completed a boat safety course approved by the Superintendent
of State Police in the Department of Law and Public Safety, except that:
(1)
A person who is 18 years of age or older, and who has
in his/her possession a valid motor vehicle operator's license issued
pursuant to N.J.S.A. 39:3-10, may operate on the waters of this state, without
having completed a boat safety course approved by the Superintendent of State
Police in the Department of Law and Public Safety, a power vessel that is
powered solely by an electric motor or a motor, or combination of motors,
of 10 horsepower or less, and is not a personal watercraft;
(2)
An out-of-state resident, or a resident of a foreign
country, who is 18 years of age or older and who will be in this state for
less than 90 days may operate on the waters of this state, without having
completed a boat safety course approved by the Superintendent of State Police
in the Department of Law and Public Safety, a power vessel that is registered
in that person's state or country of residence and is not a personal
watercraft; and
(3)
A person who is 18 years of age or older may operate
on the waters of this state, without having completed a boat safety course
approved by the Superintendent of State Police in the Department of Law and
Public Safety, a rented power vessel that is powered by a motor, or combination
of motors, of more than 10 horsepower, and that is not a personal watercraft,
under the following conditions:
(a)
The person rents the power vessel from a business engaged
in renting power vessels for use on the waters of the state;
(b)
The person has successfully completed a state-approved
pre-rental instruction course provided by the owner or lessor of the power
vessel prior to operating the power vessel on the waters of the state; and
(c)
The owner of the power vessel rental business is experienced
in the operation of power vessels and has successfully completed a boat safety
course approved by the Superintendent of State Police in the Department of
Law and Public Safety.
C.
Except as provided pursuant to Section 18 of P.L. 1995,
c. 401 (N.J.S.A. 12:7-86), a person shall not operate a personal watercraft
on the waters of this state after July 1, 1997, without having successfully
completed a boat safety course approved by the Superintendent of State Police
in the Department of Law and Public Safety or a written test pursuant to Section
17 of P.L. 1995, c. 401.
D.
Whenever a person who is required by this section or
by Section 7 of P.L. 1995, c. 401 (N.J.S.A. 12:7-46), Section 3 or 4 of P.L.
1952, c. 157 (N.J.S.A. 12:7-47), or Section 9 of P.L. 1986, c. 39 (N.J.S.A.
12:7-57) to have completed a boat safety course operates a power
vessel or personal watercraft, as appropriate, on the waters of this state,
that person shall have in possession a certificate certifying that person's
successful completion of a boat safety course approved by the Superintendent
and shall, when requested to do so, exhibit the certificate to a law enforcement
or peace officer of this state. Failure of the person to exhibit the certificate
is presumptive evidence that the person has not completed an approved boat
safety course.
F.
A person who owns or has control or custody of a power
vessel and allows the power vessel to be operated on the waters of this state
by a person who is required pursuant to the provision of this section to possess
a certificate certifying successful completion of a boat safety course but
who does not possess such certificate is subject to a fine of not more than
$100.
G.
A person making application to the Director of the Division
of Motor Vehicles for a power vessel operator's license issued pursuant
to Section 3 of P.L. 1995, c. 401 (N.J.S.A. 12:7-72) who is required pursuant
to the provisions of this section to possess a certificate certifying successful
completion of a boat safety course shall submit the original or a copy of
the certificate with the application. The Director shall not issue a power
vessel operator's license to such person who fails to submit the original
or a copy of the certificate.
A.
A person who lends any operator's license required
pursuant to Section 3 of P.L. 1995, c. 401 (N.J.S.A. 12:7-72) to another person
shall be subject to a fine of not less than $25 nor more than $100.
B.
A person owning or having control or custody of a power
vessel who allows the power vessel to be operated by a nonlicensed operator
shall be subject to a fine of not more than $100.
C.
A person operating a power vessel who exhibits the operator's
license of another shall be subject to a fine of not less than $200 or to
a term of imprisonment not to exceed 60 days, or both.
A person who possesses a motor, whether inboard or outboard, the motor
number of which has been altered or mutilated, or who comes into possession
of such a motor, shall at once file in writing with the Division of State
Police a statement setting forth all circumstances in connection with that
person's possession of the motor.
A.
A person who operates a vessel on the waters of this
state, without due caution and circumspection, in a manner that endangers
or is likely to endanger a person or property shall be guilty of careless
operation. Careless operation shall include, but need not be limited to, the
loading of a vessel beyond the maximum capacity stated on the United States
Coast Guard capacity label or the capacity label of the manufacturer affixed
to the vessel.
B.
In addition to any other requirements provided by law, a person convicted under Subsection A of 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 (N.J.S.A. 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 revocation 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.
A.
A person shall not operate or allow another person to
operate a vessel on the waters of this state unless the vessel has a serviceable
United States Coast Guard approved personal flotation device for each person
on board. Such devices shall be of a type and in sufficient number as required
by the United States Coast Guard for a vessel of that class operating on navigable
waters. Such devices shall be readily accessible when the vessel is under
way or worn as required by regulation.
B.
For the purpose of this section, the term “vessel”
does not include surfboards, windsurfers, racing shells, rowing sculls and
racing kayaks.
A.
A person shall not discard debris from a vessel that
is on the waters of this state. A person who violates this section shall be
subject to a fine of not less than $200 nor more than $1,000 for each offense.
B.
There shall be a rebuttable presumption that the owner
of the vessel, if present on the vessel, or, in the owner's absence,
the operator of the vessel, is responsible for any violation of this section,
if:
A person operating a vessel on the waters of this state shall stop or
lay to when so ordered by any law enforcement officer.
A.
No person shall operate or allow any person to operate
any motorboat in or on the waters of this state unless said motorboat is carrying
on board the minimum equipment for motorboats as is required in the Federal
Boating Act of 1940, the Federal Boat Safety Act of 1971, and/or amendments
thereto and as may be amended, including any and all regulations adopted thereunder,
amendments thereto and as may be amended.
B.
Whenever such motorboat is in operation, this equipment
shall be produced by the operator or the captain of the motorboat upon the
request of a law enforcement officer of this state.
C.
Failure to produce such equipment will be a violation
of this section.
A.
No vessel shall display a rotating or sequential flashing
light except as provided in this section.
B.
Any law enforcement or emergency vessel may display a
rotating blue light beacon.
C.
Any vessel engaged in activity recognized by the Coast
Guard as being eligible for its use may display a rotating red and yellow
light.
No vessel shall be equipped with, nor shall any person use upon a vessel,
any siren except as otherwise permitted in this section. It is permissible
that any vessel be equipped with a theft alarm signal device which is so arranged
that it cannot be used by the operator as an ordinary warning signal. This
section shall not apply to any vessel operated by or for the Department, a
first aid squad, or a police or fire department.
All vessels navigating the waters of this state shall comply with the
inland rules of the road as set forth by the Coast Guard, except where the
international rules of the road are applicable.
No person shall anchor or cause to be anchored, tie or cause to be tied
any power vessel, rowboat, sailboat, canoe, or any other vessel to or within
a radius of 50 feet of any light, beacon, buoy, or any other aid to navigation,
except in an emergency. This section shall not apply to vessels operated by
the state or federal government for the maintenance, replacement or survey
of navigation aids.
A.
No person shall operate any vessel in a manner which
shall unreasonably interfere with other vessels or with free and proper navigation
of the waterways.
B.
Anchoring in heavily traveled channels or main thoroughfares
shall constitute such interference if unreasonable in the prevailing circumstances.
C.
No person shall tie up or anchor vessels or other craft
in navigable channels in such a manner as to prevent or obstruct the passage
of other vessels or craft, or carelessly sink or permit or cause to be sunk
or, except in an emergency, voluntarily sink or permit or cause to be sunk
a vessel or other craft in a navigable channel.
No boat shall move across the course or around the course of any such
race or regatta so as to create a water condition which shall unnecessarily
endanger the life, limb or craft of those competing in the race or regatta.
The operator of a power vessel shall not allow any person to ride in
any position that would unduly endanger life or limb nor allow passengers
or cargo in excess of the maximum capacity stated on the manufacturer's
or U.S. Coast Guard information label.
The operator of a vessel equipped with a lanyard cutoff switch shall
wear the safety switch lanyard at all times when the vessel is in operation.
A.
Any person finding, recovering or coming into possession
of any vessel other than through normal purchase, loan, rental, charter, or
gift shall notify the Bureau within 24 hours.
B.
The notification shall include a description of the vessel
and the specific location where it was found or recovered.
Unless permitted in writing by the Land Use Regulation Program in the
Department of Environmental Protection, no person shall place, anchor, or
construct or cause to be placed, anchored or constructed, any float or diving
platform more than 25 feet from shore unless the same be properly marked by
warning lights, which lights shall be approved by the Land Use Regulation
Program, between the hours of sunset and sunrise.