Title 12, Title 12: COMMERCE AND NAVIGATION

12:7-23.5. Violations, penalties 5. A person who violates any provision of this act or any regulation adopted pursuant to this act is subject to a fine of not less than $100 for the first offense, $300 for the second offense, and $500 for the third and each subsequent offense. L.…

12:7-23.6. Fines to State Notwithstanding the provisions of N.J.S. 2C:46-4 or any other provision of law, rule or regulation to the contrary, all fines imposed and collected pursuant to this act shall be remitted to the State Treasurer by the court imposing and collecting the fin…

12:7-34.35. Repeal Sections 12:7-1 to 12:7-34 inclusive of the Revised Statutes are hereby repealed. L.1954, c. 236, p. 880, s. 35, eff. Dec. 8, 1954.

12:7-34.36. Short title This act may be cited as the "New Jersey Boat Act of 1962." L.1962, c. 73, s. 1. Amended by L.1965, c. 206, s. 2.

12:7-34.38. Numbering of vessels required; exemptions 3. Except as herein otherwise provided, every vessel which is upon the waters of this State shall be numbered in accordance with the provisions of this act, and no person shall operate or give permission to operate any vessel …

12:7-34.39 Application for vessel number; certificate; display. 4. (a) The owner of a vessel required to be numbered in this State shall file an application with the New Jersey Motor Vehicle Commission on forms approved by it. The application shall be signed by the owner and shal…

12:7-34.40. Rules, regulations concerning numbering system 5. The division shall make and promulgate rules and regulations concerning the numbering system to be used, which system shall conform as near as possible with any over-all system of identification numbering for vessels w…

12:7-34.41. Recording of vessel description, number 6. The owner of any vessel identified by a number in full force and effect which has been awarded to it pursuant to a then operative federal law or federally-approved numbering system of another State shall record with the divis…

12:7-34.44. Misstatements in application for numbering No person shall make any misstatement of fact in an application for the numbering of a vessel or give a fictitious name or address. L.1962, c. 73, s. 9, eff. June 11, 1962. Amended by L.1980, c. 97, s. 6, eff. July 1, 1981.

12:7-34.44a. Documented vessel; certificate of registration 10. (a) For the purposes of P.L.1962, c.73 (C.12:7-34.36 et seq.), a documented vessel is based within this State if its owner owns, maintains, leases or rents space in this State for its storage, mooring or servicing on…

12:7-34.45. Change of address of owner; status of vessel 10. (a) Whenever the owner of a vessel numbered pursuant to P.L.1962, c.73 (C.12:7-34.36 et seq.) changes his address from that shown on his certificate of number, he shall, within one week thereof, notify the division, in …

12:7-34.46 Accidents involving vessels. 11. (a) Whenever any vessel upon the waters of this State is involved in an accident, it shall be the duty of the operator, so far as he can do so without serious danger to his own passengers, guests, crew, himself or his vessel, to render …

12:7-34.47 Fees 12. The fees for the initial numbering of all vessels and for each renewal of the certificate of number issued thereto, unless otherwise provided by law, shall be: (a) For all vessels less than 16 feet,$12 per year; 16 feet or more but less than 26 feet, $28 per y…

12:7-34.47a. Tax exemption certificate, necessity 6. (a) Except as provided in subsection (b) hereof, the owner of every power vessel required to be numbered pursuant to this act shall and the owner of every documented power vessel of 500 gross tons or less which is based within …

12:7-34.47b. Documented power vessel based within state For the purposes of this act a documented power vessel is based within this State if its owner owns, maintains, leases or rents space in this State for its storage, mooring or servicing on other than a transient basis. L.196…

12:7-34.47c. Application procedure for exemption certificate 8. (a) Applications for the issuance of a tax exemption certificate shall be made to the division on forms prescribed and supplied by it. Upon application and payment of the fees prescribed, the director shall provide s…

12:7-34.47d. Fee for certificate A fee of $1.00 shall be charged and collected for the issuance of a tax exemption certificate for each vessel and for the annual renewal of said certificate L.1965, c. 206, s. 9, eff. Dec. 21, 1965. Amended by L.1972, c. 50, s. 2; L.1980, c. 97, s…

12:7-34.47e. Director authorized to utilize machine records facilities 10. The director is authorized to utilize the machine records facilities of other State agencies in the administration of this act. L.1965,c.206,s.10; amended 1995,c.401,s.30.

12:7-34.47f. Governmental fee exception 11. The director shall issue a tax exemption certificate, without fee, for any power vessel owned, or leased by, the State, a county or municipality or by any instrumentality thereof or by any agency or authority created by this State or by…

12:7-34.47g. Charitable organization fee exception 12. The director shall issue a tax exemption certificate, without fee, for any power vessel owned by associations or corporations organized exclusively for charitable purposes. L.1965,c.206,s.12; amended 1995,c.401,s.32.

12:7-34.47i. Taxation of power vessels being held for sale Nothing contained herein shall be construed as exempting from personal property taxation power vessels which are being held for sale by a manufacturer, wholesaler or retailer of such vessels. L.1965, c. 206, s. 14, eff. D…

12:7-34.47j. Rules, regulations 15. The director is authorized to issue rules and regulations necessary for the administration and enforcement of the tax exemption certificate provisions of this act, including, but not limited to the establishment of a schedule for the initial is…

12:7-34.47k. Duration of previously issued certificates of number Certificates of number heretofore issued shall remain valid for the period for which issued without payment of additional fee. L.1965, c. 206, s. 16, eff. Dec. 21, 1965.

12:7-34.47l. Effective date; applicability; construction This act shall take effect immediately and shall apply to the tax year 1966 and thereafter. Nothing contained herein shall be construed so as to relieve any person of any property taxes due and payable in the tax year 19 65…

12:7-34.48a. Fees; deposit; appropriation All fees received pursuant to P.L.1962, c. 73 (C. 12:7-34.36 et seq.) and P.L.1965, c. 206 (C. 12:7-34.47a et seq.) shall be deposited as part of the State's general funds with the State Treasurer, who shall keep a record of the same. The…

12:7-34.49 Boat Regulation Commission established. 14. (a) There is established within the department a seven-member Boat Regulation Commission which shall consist of the Attorney General as ex officio member and six public members. The public members shall be appointed by the Go…

12:7-34.50. Rules and regulations; effective date of changes (a) (Deleted by amendment.) (b) No changes in the rules and regulations shall go into effect from May 1 to September 30 of any year unless the Boat Regulation Commission shall find a need for the adoption of emergency r…

12:7-34.53. Construction of chapter 7 of title 12; special rules, regulations 18. No provision of chapter 7 of Title 12 of the Revised Statutes shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions o…

12:7-34.54. Repeals The following sections of P.L.1954, c. 236 are repealed: Sections 2, 3, 5, 8, 10, 11, 12, 15, 16, 17, 21, 24, 26 and 32. L.1962, c. 73, s. 19, eff. June 11, 1962.

12:7-44. Additional powers of department 1. In addition to the powers conferred upon the Department of Law and Public Safety by the provisions of Title 12 of the Revised Statutes, the department is hereby authorized and empowered to regulate the operation, docking, mooring and an…

12:7-45. Speed of power vessels 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 water-front construction, either d…

12:7-46 Penalties for operating vessel under the influence. 3. a. No person shall operate a vessel on the waters of this State while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08 perce…

12:7-47. Reckless operation of vessel; penalties, fines 4. a. A person who disregards the rights or safety of others and operates a vessel on the waters of this State in a manner which unnecessarily interferes with the free and proper use of any waters, or which unnecessarily cre…

12:7-47.1. Child under 12 required to wear personal flotation device on vessel underway 1. a. Every person who operates a vessel on the waters of this State with a child 12 years of age or under on board shall have the child wear at all times a properly fitted United States Coast…

12:7-47.2. Rules, regulations 2. The Boat Regulation Commission shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations necessary to effectuate the purposes of this act. The commission shall exempt any class of …

12:7-48. Mooring, grounding or abandoning hulk or derelict on State lands No power vessel shall be used to moor, ground or abandon any hulk or derelict on State lands below mean high-water mark. L.1952, c. 157, p. 524, s. 5, eff. May 9, 1952.

12:7-49. Dredges having in tow excessive lines of pontoons or other equipment No person shall operate a dredge which shall have in tow excessive lines of pontoons and other equipment and thereby endanger buoys, lights and other aids to navigation. A length of pontoon or other tow…

12:7-50. Appointment of harbor masters 7. The department may, whenever in its discretion it shall be deemed necessary, appoint harbor masters who shall have controlling jurisdiction under the law governing the Department of Law and Public Safety to supervise the use of tidal wate…

12:7-51. General penalties 8. Any person who shall violate any provision of chapter 7 of Title 12 of the Revised Statutes, or of any rule or regulation issued thereunder, where the penalty therefor is not specifically prescribed, shall be subject to a fine of $25 for a first offe…

12:7-53. Repeal "An act for the regulation of power vessels, providing for the registration of the same and the licensing of the operators thereof, fixing the amount of license and registration fees and penalties for violations, and supplementing Title 12 of the Revised Statutes,…

12:7-55 Implied consent. 7. a. (1) A person who operates a power vessel or a vessel which is 12 feet or greater in length on the waters of this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to deter…

12:7-56 Methods, techniques. 8. Chemical analyses of the arrested person's breath, to be considered valid under the provisions of section 7 of P.L.1986, c.39 (C.12:7-55) shall have been performed according to methods approved by the Attorney General and by a person certified for …

12:7-57 Refusal to submit to chemical test; revocation of privileges, fines. 9. a. A court shall revoke the privilege of a person to operate a power vessel or a vessel which is 12 feet or greater in length, if after being arrested for a violation of section 3 of P.L.1952, c.157 (…

12:7-58. Work release program 10. a. A person who has been convicted of violating section 3 of P.L.1952, c.157 (C.12:7-46), and who has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not be released after commitment until the…

12:7-59. Written notice of penalties 11. A person shall receive written notice of the penalties under section 3 of P.L.1952, c.157 (C.12:7-46) and section 9 of P.L.1986, c.39 (C.12:7-57), when that person is issued a license to operate a vessel, a registration certificate, a cert…

12:7-60 Approved boat safety courses. 1. a. The Superintendent of State Police in the Department of Law and Public Safety shall establish a list of approved boat safety courses, offered by public or private persons or agencies for profit or otherwise and taught by approved boat s…