With the ending of the 211th Legislature, the passage of boater education
legislation places New Jersey's education law amongst the strongest in the
nation, according to the Marine Trades Association of New Jersey (MTA/NJ), which
said Assembly Bill 2624 (Smith) was a major priority for the association.
The new boater education and safety law applies to all people age 16 years and
older who operate registered vessels above 12 feet that are defined as power
vessels under the law. It becomes effective over a staggered period of time.
Specifically, persons born after December 31, 1978 have to take the course
immediately. Persons born after December 31, 1968 and on or before December 31,
1978 have to take the course before June 1, 2006. Persons born after December
31, 1958 and on or before December 31, 1968 have to take the course before June
1, 2007. Persons born after December 31, 1948 and on or before December 31, 1958
have to take the course before June 1, 2008. All other persons need to take the
course before June 1, 2009, according to the association.
This bill states that "out of state" boaters 18 years of age and older who
operate a power vessel for less than 90 days in New Jersey are exempt from the
safety course if they can show proof of similar education from NASBLA, the Coast
Guard or other state.
At the request of legislators and others who are long time boaters, language was
added to the law that allows the Superintendent of State Police to develop an
"experienced boater test". Persons taking and passing the test will not be
required to complete the boat safety course. The test is required to be
developed using national standards, MTA/NJ reported.
The association said it was successful in defining what the boat safety course
would look like. The boat safety course must be at least eight hours of
instruction, including six hours of classroom time and a closed book
examination. This definition, and the definition in the law for "approved boat
safety instructor," are identical to NASBLA national standards.
The personal watercraft law was also updated in this Act. Specifically, the law
regarding the operation of a PWC was changed to require all persons, age 16
years and older, to take a boat safety course without exception. This does not
apply to persons renting a PWC, however, and that law remains in effect. In
addition, the bill does not apply to persons renting a boat. The rental laws
require only that a person receive safety instruction from the rental company
prior to use and these laws and regulations have been in effect since 1997,
according to the association.
"We believe that an informed boater - one who has completed a standardized
boating safety class-- is much more likely to be a safe and courteous boater,"
stated MTA/NJ President Tom Leaming. "An educated boater will be prepared to
follow the Rules of the Road making our waterways safer and more enjoyable for
everyone."
The entire law may be read at:
http://www.njleg.state.nj.us/2004/Bills/A3000/2624_R4.PDF