As used in this article, the following terms shall have the meanings
indicated:
COMMISSION
The Boat Regulation Commission established pursuant to Section 14
of P.L. 1962, c. 73 (N.J.S.A. 12:7-34.49).
DEPARTMENT
The Department of Law and Public Safety.
DIRECTOR
The Director of the Division of Motor Vehicles in the Department
of Transportation.
DIVISION
The Division of Motor Vehicles in the Department of Transportation.
DOCUMENTED VESSEL
A vessel which has a valid Marine Document issued by the United States
Coast Guard or any Federal agency successor thereto.
LENGTH
Measurement from end to end over the deck parallel to the center
line, excluding sheer, bowsprits, bumpkins, rudders, outboard motors, brackets
or other equipment or appendages.
MOTOR
A temporarily or permanently installed fuel-consuming mechanism by
which the vessel is or may be propelled, including an electrical motor;
OPERATE
To navigate, use, control or command a vessel.
OPERATOR
Every person having charge, control, operation or direction of any
vessel and the owner of the vessel if the owner is on the vessel at the time
it is operated in violation of the law.
OWNER
A person, other than a lienholder, having the property in or title
to a vessel. The term includes a person entitled to the use or possession
of the 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;
PERSONAL WATERCRAFT
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 waterjet
pump; and
C.
Cannot be operated in a manner so as to disengage the pump so as to
prevent the vessel from making headway.
POWER VESSEL
A vessel temporarily or permanently equipped with machinery for propulsion,
including a personal watercraft, and shall not include a vessel propelled
wholly by sails or by muscular power.
SAILBOAT
Any boat whose sole source of propulsion is the wind.
VESSEL
A boat or watercraft, other than a seaplane on the water, used or
capable of being used as a means of transportation on water.
WATERS OF THIS STATE
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.
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 waterfront
construction, either directly or by the effect of the wash or wave raised
by such power vessel through its speed or otherwise.
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 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. For the purpose of this section, the term "vessel"
does not include surfboards, windsurfers, racing shells, rowing sculls and
racing kayaks.
A person operating a vessel on the waters of this state shall stop or
lay to when so ordered by any law enforcement officer.
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 to 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.
No vessel shall move across the course or around the course of any 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.
A. This prohibition includes, but is not limited to, any
position where the person may be in grave danger of falling overboard.
B. This prohibition excludes all positions which may be
necessary for the operation or safety of the vessel.
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.
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 on
any nontidal waters where power vessels are permitted without the written
approval of the State Police. Permitted floats or platforms that remain in
the water between sunset and sunrise shall be marked by warning lights as
required by the United States Coast Guard Navigation Rules International_Inland
Annex V Rule 88.13. A copy of the rule may be obtained from the State Police.
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 idle speed within 50 feet of:
(1) A bathing beach that has its boundaries marked by buoys
or signs;
(3) Any person in the water; or
D. In such a manner as to make the vessel completely leave
the water or otherwise become airborne, while crossing within 100 feet of
the wake of another vessel.
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 cutoff 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.
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.
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.
Any person who shall violate any provision of this article, where the
penalty therefor is not specifically prescribed, shall be subject, upon conviction,
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.
This article hereby incorporates and adopts by reference any amendments
to Chapter 7 of Title 12 of the New Jersey statutes and to any regulations
issued thereunder, which amendments are adopted subsequent to the date of
adoption of this article.