New Jersey Statutes 12:7-72. Issuance of license to operate power vessel; requirements
Terms Used In New Jersey Statutes 12:7-72
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: means the Boat Regulation Commission established pursuant to section 14 of P. See New Jersey Statutes 12:7-71
- Department: means the Department of Law and Public Safety. See New Jersey Statutes 12:7-71
- Division: means the Division of Motor Vehicles in the Department of Transportation. See New Jersey Statutes 12:7-71
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Length: means measurement from end to end over the deck parallel to the centerline excluding sheer, bowsprits, bumpkins, rudders, outboard motors, brackets or other equipment or appendages. See New Jersey Statutes 12:7-71
- Motor: means a temporarily or permanently installed fuel consuming mechanism by which the vessel is or may be propelled, including an electrical motor. See New Jersey Statutes 12:7-71
- Operate: means to navigate, use, control or command a vessel. See New Jersey Statutes 12:7-71
- Operator: means 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. See New Jersey Statutes 12:7-71
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Power vessel: means 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. See New Jersey Statutes 12:7-71
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Vessel: means a boat or watercraft, other than a sea plane on the water, used or capable of being used as a means of transportation on water. See New Jersey Statutes 12:7-71
(2) The New Jersey Motor Vehicle Commission shall not issue or renew the license of any person who 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.
b. Except as provided pursuant to subsections c. and g. of this section:
(1) A person shall not operate a power vessel on the nontidal waters of this State without being licensed by the Chief Administrator of the New Jersey Motor Vehicle Commission; and
(2) A person under 16 years of age shall not be licensed to operate a power vessel on the nontidal waters of this State.
c. A person is not required to be licensed pursuant to subsection b. of this section when operating a power vessel:
(1) powered solely by a motor of less than one horsepower or an electric motor of 12 volts or less;
(2) that is 12 feet or greater in length and powered by a motor, or combination of motors, of less than 10 horsepower;
(3) while actually competing in an authorized race held under the auspices of a duly incorporated yacht club or racing association in accordance with rules and regulations prescribed by the Division of State Police in the Department of Law and Public Safety and pursuant to a permit duly issued by that division;
(4) if the person is an out-of-State resident and has written proof, while operating the power vessel, of successful completion of a boat safety course substantially similar to the boat safety course administered pursuant to section 1 of P.L.1987, c.453 (C. 12:7-60).
d. Except as provided pursuant to subsection c. of this section, a person shall have in his possession a proper license at all times when operating a power vessel on nontidal waters and shall exhibit the license to any law enforcement officer upon request. Failure of a person to exhibit such license upon request shall be presumptive evidence that the person is not a licensed operator.
e. A person who violates the provisions of subsection b. of this section shall be subject to a fine of not more than $500 or to a term of imprisonment not to exceed 60 days, or both, except that:
(1) A person who has never been licensed to operate a power vessel on the nontidal waters of this State or any other jurisdiction shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the Chief Administrator of the New Jersey Motor Vehicle Commission requiring the chief administrator to refuse to issue a license to operate a power vessel on the nontidal waters of this State to that person for a period of not less than 180 days; and
(2) A person who can exhibit to the court before which the person is summoned to answer to the charge a valid operator’s license issued to that person which was valid on the day that person was charged shall be subject to a fine of not more than $100, in addition to any reasonable court costs the court may impose. Notwithstanding the provisions of this subsection, the court may, in its discretion, dismiss a charge regarding the failure to exhibit an operator’s license brought pursuant to the provisions of this section.
f. The penalties provided for pursuant to subsection e. of this section shall not be applicable in cases where failure to have actual possession of the operator’s license is due to an administrative or technical error by the New Jersey Motor Vehicle Commission.
g. A person who is under 16 years of age and was issued an operator’s license pursuant to section 7 of P.L.1954, c.236 (C. 12:7-34.7) before July 1, 1996 may operate a power vessel equipped with an outboard motor until the expiration date of that license.
L.1995, c.401, s.3; amended 1997, c.152, s.1; 2008, c.52, s.2.