Title 12, Title 12: COMMERCE AND NAVIGATION

12:7A-26. Boat Certification Fund All moneys collected for fees and penalties imposed by this act shall be deposited as part of the State's general funds with the State Treasurer, who shall keep a record of the same. The sums shall be credited to a fund to be known as the "Boat C…

12:7A-27. Severability This act shall be construed liberally to effectuate its purposes. Any act or part of acts inconsistent with this act are hereby superseded. If any section or provision or rule or regulation issued pursuant to this act is held invalid, such ruling shall not …

12:7A-28. Rules, regulations a. The director is authorized to adopt, pursuant to law, regulations to implement the provisions of this act. The director shall, to the maximum extent practicable and feasible, adopt regulations similar to those adopted for implementation of chapter …

12:7A-29. Transfer of Boat Act powers All powers and duties exercised by the Department of Environmental Protection pursuant to the "New Jersey Boat Act of 1962," P.L. 1962, c. 73 (C. 12:7-34.36 et seq.) are transferred to the Division of Motor Vehicles in the Department of Law a…

12:7A-3. Definitions As used in this act: a. "Abstract" means a duplicate copy of the original certificate of ownership recording any encumbrance or upon which the existence of a security interest is noted. b. "Buyer" includes purchaser, debtor, lessee, bailee, transferee, and an…

12:7A-4. All sales subject to law No person shall sell or purchase any marine equipment in this State, except in the manner and subject to the conditions provided in this act and the regulations adopted hereunder by the director. L. 1984, c. 152, s. 4, eff. June 15, 1987.

12:7A-5. Application for certificates of ownership a. Except as provided in section 6 of this act, for each piece of marine equipment principally used in this State, the owner shall make application to the director for a certificate of ownership. b. Except as may be otherwise pro…

12:7A-6. Renewals, exemptions a. Any person, who prior to the effective date of this act, owned any marine equipment shall, at the time its certificate of number is due to be renewed, file an application for a certificate of ownership for the marine equipment as required in secti…

12:7A-7. Possession, exhibit of certificate of ownership A person who possesses or has custody of a piece of marine equipment shall exhibit the certificate of ownership therefor, after a request by the director, the State Marine Police Force, or any other law enforcement officer,…

12:7A-8. Manufacturer's number a. Subsequent to the effective date of this act, each piece of marine equipment for sale and purchase in this State shall contain a manufacturer's number. b. After six months from the effective date of this act, no person shall possess, operate, use…

12:7A-9. New marine equipment; certificate of origin; assignment of certificate of origin upon sale a. Whenever new marine equipment is delivered in this State by the manufacturer to his agent or to a dealer, or to a person purchasing directly from the manufacturer, the manufactu…

12:7B-1. Craft required to carry and display lights Every rowboat, canoe, sailboat or craft propelled by hand or foot, operating on any fresh water lake lying wholly within the State and having a total area of not less than 3 1/2 square miles, shall from sunset to sunrise carry a…

12:7B-2. Penalty; enforcement 2. Any person who violates any provision of this act shall be subject to a fine not exceeding $100.00, which shall be collected in the manner provided in "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court and every municipal co…

12:7C-1. Flat-bottomed boat, barge, scow or raft; abandonment; misdemeanor It shall be unlawful for any person to willfully abandon any flat-bottomed boat, barge, scow or raft to or upon any public land or waterway or to or upon any private property without the consent of the off…

12:7C-10 Presumption that vessel is abandoned, acquisition of title, reclamation. 4. If the owner of the vessel fails to claim the impounded vessel and pay the reasonable costs of removal and storage by midnight of the 30th day following impoundment, it shall be prima facie evide…

12:7C-11 Notification of owner, lienholder. 5. If a vessel has a boat registration number or other means of identifying the owner thereof, the person, entity, municipality, or harbor commission desiring to acquire title, shall, if possible, secure the owner's last known address, …

12:7C-12 Notice of intent to acquire title; publication; contents. 6. The person, entity, municipality, or harbor commission desiring to acquire title shall also place a notice in a newspaper of general circulation published in the county or municipality where the vessel is locat…

12:7C-13 Application for title. 7. At the end of the 30-day period the person, entity, municipality, or harbor commission desiring to acquire title shall apply to the commission for transfer of title to the vessel. The application shall be accompanied by the following affidavits:…

12:7C-14 Issuance of title to vessel. 8. Upon receipt of the material required in section 7 of P.L.1975, c.369 (C.12:7C-13) and upon payment of any fees and taxes due, the commission shall issue the applicant a title to the vessel. L.1975, c.369, s.8; amended 1995, c.401, s.49; 2…

12:7C-15 Costs of receiving title. 9. All costs incurred in receiving title to a vessel under P.L.1975, c.369 (C.12:7C-7 et seq.) shall be borne by the applicant. In the case of an applicant that is a municipality or a harbor commission, the applicant may recover all costs incurr…

12:7C-16 Removal of vessel, costs; violations, penalties. 10. a. After receiving title, if the applicant desires to remove an abandoned vessel from the applicant's land or the water immediately adjacent thereto, or from a municipal waterway or land owned by the municipality, or t…

12:7C-17 Report of destruction, disposal of vessel. 11. After receiving title if the applicant destroys or otherwise disposes of the vessel, the applicant shall report the same to the commission within 15 days giving all details. L.1975, c.369, s.11; amended 1995, c.401, s.50; 20…

12:7C-18 Acquisition of title by commission. 12. The commission may receive title to any vessel abandoned on any of the waters of this State, including municipal waterways, or on any land owned by this State or any of its political subdivisions by proceeding in the same manner as…

12:7C-19 Violations; penalties. 13. a. (Deleted by amendment, P.L.2008, c.52) b. Any person who obtains or attempts to obtain title to a vessel under the provisions of P.L.1975, c.369 (C.12:7C-7 et seq.) through fraudulent means is liable to a civil penalty of not more than $1,00…

12:7C-2. Forfeiture; notice; sale Any such abandoned flat-bottomed boat, barge, scow or raft which is moored, grounded, or otherwise attached or fastened to or upon any public land or waterway or to or upon any private property in violation of section 1 of this act shall be seize…

12:7C-20 Rules, regulations. 14. The commission may promulgate pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such rules and regulations deemed necessary to carry out the provisions of P.L.1975, c.369 (C.12:7C-7 et seq.). L.1975, c.369, s.14;…

12:7C-3. Redemption At any time prior to the sale, any flat-bottomed boat, barge, scow or raft seized and forfeited to a municipality in accord with section 2 of this act, may be redeemed by the owner thereof, or other person entitled thereto upon payment to the municipality of a…

12:7C-4. Vessels on State lands Nothing in this act shall be construed as giving a municipality jurisdiction over vessels moored, grounded, attached or fastened upon the riparian lands of the State, and over which the State asserts sole jurisdiction. L.1969, c. 264, s. 4, eff. Ja…

12:7C-5. Barge docked on bank of river; bond by owner; grounds for forfeiture The owner of any barge which is to be docked in or on the bank of any river within this State for more than 10 consecutive days whether it is to be occupied or not, except as otherwise provided herein, …

12:7C-6. Cancellation of bond upon removal of barge The surety on the bond shall have the right to cancel such bond automatically upon removal of the barge. L.1971, c. 281, s. 2, eff. Aug. 4, 1971.

12:7C-7 "Short title" amended. 1. This act shall be known and may be cited as the "Abandoned or Sunken Vessels Disposition Law." L.1975, c.369, s.1; amended 2008, c.52, s.4.

12:7C-8 Definitions. 2. The following terms whenever used or referred to in this act shall have the following meanings unless a different meaning clearly appears from the context: a. "Vessel" means a boat, ship, or any other watercraft, regardless of whether it is, or was, used f…

12:7C-9 Abandonment of vessel, removal, impoundment; incident report; penalty. 3. a. It shall be unlawful for any owner to abandon any vessel to or upon public land or waters of this State, including any municipal waterway, to or upon any municipally-owned land, or to or upon any…

12:7C-9.1 Ordinance requiring registration of vessel by municipality, harbor commission. 23. a. A municipality may adopt an ordinance, or a harbor commission may adopt a resolution, requiring every owner or operator of a vessel that moors or docks in a municipal waterway, or grou…

12:7D-1. Vessel, defined As used herein: "Vessel" means a ship, boat or other watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. L.1972, c. 163, s. 1, eff. Oct. 12, 1972.

12:7D-2. Rendering assistance to persons affected by collision, accident or casualty; giving name, address and identification; duties of operator of vessel; liability for assistance rendered a. The operator of a vessel involved in a collision, accident, or other casualty, to the …

12:7E-1. Powers of marine patrolmen Notwithstanding the provisions of any statute or any rule or regulation of the Department of Environmental Protection, the supervisory force of marine patrolmen, created pursuant to section 17 of P.L.1962, c. 73 (C. 12:7-34:52), shall have the …

12:7E-2. Rules and regulations; exclusive authority of commissioner of department of environmental protection The Commissioner of the Department of Environmental Protection shall have the exclusive authority to promulgate rules and regulations pertaining to the seasonal operation…

12:8-1 Appointment; term; qualifications; vacancies; name changed; transfer of Board in but not of DOT; redesignated commission. 12:8-1. The Governor, by and with the advice and consent of the Senate, shall appoint six commissioners of maritime and docking pilots, hereinafter in …

12:8-1.1 Findings, declarations relative to pilotage. 1. The Legislature finds and declares: a. The State of New Jersey has responsibility for port security in the Port of New York and New Jersey and, pursuant to federal law, has the right and responsibility to regulate maritime …

12:8-1.2 Definitions relative to pilotage. 2. As used in chapter 8 of Title 12 of the Revised Statutes: "Apprentice" means a person who is listed as a qualified apprentice with the commission pursuant to section 34 of P.L.2004, c.72 (C.12:8-50) or who is on the commission's books…

12:8-1.3 References deemed changed to NJ Maritime Pilot and Docking Pilot Commission. 4. On and after the effective date of P.L.2004, c.72 (C.12:8-1.1 et al.) any reference in any law, rule, regulation, order, contract or document to the "Board of Commissioners of Pilotage of the…

12:8-10 Pilot boats in Sandy Hook service; apprentices, control and direction of; docking boats. 12:8-10. The pilot boats employed by or belonging in whole or in part to the United New Jersey Sandy Hook Pilots' Benevolent Association, or to the United New Jersey Sandy Hook Pilots…

12:8-11 Apprentices, term of service, license as deputy maritime pilot after examination. 12:8-11. Apprentices shall serve at least four years and for such longer periods of time as may be required by the commission. They shall be examined by the commission as directed by law and…

12:8-12 Licensing as Sandy Hook Pilot, requirements. 12:8-12. Only a person who has successfully served an apprenticeship with the United New Jersey or New York Sandy Hook Pilots' Benevolent Associations and passed an examination approved by the commission shall be licensed as a …

12:8-13 Acting as maritime, docking pilot during emergency. 12:8-13. Upon a specific finding of an emergency, the commission may permit for such time as the emergency exists and at its discretion, any person to act as a maritime or docking pilot as hereinafter provided for, off t…