Title 12, Title 12: COMMERCE AND NAVIGATION

12:8-18 New licenses; forfeiture. 12:8-18. The commission may direct all maritime pilots to deliver up their former and take out new licenses whenever so required, but no maritime pilot shall be charged a fee for such a new license. Every maritime pilot not complying with these c…

12:8-19 Revocation, suspension of license; grounds. 12:8-19. The commission may, upon majority vote of its authorized membership, revoke or suspend the license or route or reduce the grade of a maritime pilot or the license of a docking pilot who has willfully or negligently infr…

12:8-2 Rules, orders, regulations. 12:8-2. The commission may make and establish such rules, orders and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), not inconsistent with the constitutions or the laws of this state or o…

12:8-20 Surrender of license. 12:8-20. If a maritime pilot or a docking pilot has forfeited any license or is no longer entitled to the use of such license by virtue of sections 12:8-18 and 12:8-19 of this title, and of section 36 of P.L.2004, c.72 (C.12:8-52), the commission sha…

12:8-21 Notice, hearing of revocation of license, suspension from acting as pilot, or reduction in grade. 12:8-21. Before a maritime pilot or a docking pilot shall be deprived of a license, or suspended from acting thereunder, or reduced in grade, he shall be compelled to appear …

12:8-24.1 Fees for maritime pilotage, use of pilotage rates. 32. The fees for maritime pilotage for vessels not exempted from State pilotage by this chapter or any law of the United States shall be as follows: a. For every vessel entering or departing or underway on the pilotage …

12:8-3 Interest in pilotage business prohibited. 12:8-3. No commissioner shall have any direct or indirect financial interest in the pilotage business. Amended 2004, c.72, s.6.

12:8-31 Pay of maritime pilot carried to sea. 12:8-31. A maritime pilot who is carried to sea when a boat is attending to receive him shall receive at the rate of 500 dollars per day and his reasonable expenses during his absence. Amended 2004, c.72, s.25.

12:8-35 Vessels required to take maritime pilot; exceptions. 12:8-35. Every United States vessel and every foreign vessel shall take a State-licensed maritime pilot when entering or leaving pilotage waters and shall take a licensed maritime pilot or docking pilot, as provided for…

12:8-35.1 Rights of owner, operator, master of vessel. 39. Nothing in this chapter shall affect the right of the owner, operator or master of a regulated vessel to choose, select or engage an individual docking pilot or tugboat company, or be construed to permit the commission to…

12:8-36. Licensed pilots not required for New Jersey coasting vessels No citizen of this state, being master of a vessel navigated under a coasting license, employed in the coasting trade, and whose vessel is bound either in or out of any of the waters of this state or over which…

12:8-37. Pilotage to be taxed or certified when amount disputed If the owner or consignee of a vessel is dissatisfied with the amount of pilotage charged against the vessel, the pilot shall have the amount of pilotage claimed by him taxed or certified by the commissioners who sha…

12:8-38. Liability for pilotage; where payable The master, owner, agent or consignee entering or clearing the vessel shall be jointly and severally liable for the pilotage which shall be payable at either of the ports of Jersey City, Newark, Perth Amboy or New York.

12:8-39 Master to give pilot draft of vessel; penalty, proceeding, judicial review. 12:8-39. Every master of a vessel shall give an account to the maritime pilot and docking pilot, when boarding, of the deep drafts, air drafts and other information necessary to the safe navigatio…

12:8-4 Compensation of commissioners; fees, certain, for expenses of commission. 12:8-4. The commission shall from time to time establish the percentage of the fees received by maritime pilots for pilotage which is to be remitted to the commission for its services under this chap…

12:8-40 Maritime pilots to account for fees. 12:8-40. The maritime pilots shall, once in each month, account to the commission for the fees received by them for pilotage. The commission may require such additional financial information as it deems necessary to effectuate the purp…

12:8-44 Production of identity badge, card, documents. 12:8-44. The commission shall from time to time issue each commissioner, employee, maritime pilot and docking pilot a badge signifying his office. The commission shall, on the anniversary date of each maritime pilot and docki…

12:8-47 Piloting without license, fourth degree crime; fine. 12:8-47. Any person not holding a license as a maritime pilot or docking pilot under the laws of this State or of the state of New York, who shall pilot or offer to pilot a regulated vessel, on State pilotage waters, or…

12:8-48. Disposition of penalties All forfeitures, fines and penalties recovered pursuant to this chapter and not otherwise appropriated, shall be applied, in the first instance, toward the payment of such costs of suit and disbursements of the commissioners, in their prosecution…

12:8-49 Qualification of docking pilot without apprenticeship; requirements. 33. Unless the commission for good cause determines otherwise, a person shall qualify within 12 months of the effective date of P.L.2004, c.72 (C.12:8-1.1 et al.) as a docking pilot without fulfilling th…

12:8-5 Annual report to Legislature, Governor, State Treasurer. 12:8-5. The commission shall lay before the Legislature, the Governor and the State Treasurer annually: a. (Deleted by amendment, P.L.2004, c.72); b. A report of the activities of the commission within the last year;…

12:8-50 Documentation for consideration as docking pilot apprentice. 34. To be considered as a docking pilot apprentice, a person shall submit the following documentation to the commission: a. A current first class pilot's license or a first class pilot endorsement to a license i…

12:8-51 Additional requirements for qualification as docking pilot. 35. To qualify as a docking pilot a person shall, in addition to the requirements of section 34 of P.L.2004, c.72 (C.12:8-50), have: a. Performed at least 25 dockings or undocking movements of vessels not less th…

12:8-52 Registration of docking pilots; fee. 36. The commission shall enter on a register maintained by it the names and status of all persons who demonstrate to the satisfaction of the commission that they meet the requirements of section 33 or 35 of P.L.2004, c.72 (C.12:8-49 or…

12:8-53 Authority of docking pilots. 37. a. A docking pilot is authorized upon the approval of the master of a vessel upon pilotage waters as defined in section 2 of P.L.2004, c.72 (C.12:8-1.2) to: (1) Dock or undock vessels; direct the navigation of vessels within the harbor bei…

12:8-6 Authority to administer oaths; subpoena power. 12:8-6. The president or in the absence of the president, any member of the commission may administer the oath of office to any newly appointed commissioner, deputy maritime pilot, full branch maritime pilot, docking pilot or …

12:8-7 Order, judgment considered final agency action; judicial review. 12:8-7. An order or judgment of the commission shall be considered final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and shall be subject only to…

12:8-8 Employment of maritime pilots; rotation system. 12:8-8. Whenever the services of a maritime pilot are required to pilot a vessel in pilotage waters, the maritime pilots so to be employed shall be employed in rotation. The commission shall approve any changes in the rotatio…

12:8-8.1 Provision of vessels, aircraft for embarkation, disembarkation; inbound, outbound discharge. 31. The maritime pilots shall provide vessels or aircraft to embark and disembark maritime pilots to and from vessels required to take a maritime pilot. The general location and …

12:8-9 Licensing of maritime, docking pilots. 12:8-9. No person shall be licensed as a maritime pilot or docking pilot of this State, except as hereinafter in this chapter provided. Amended 2004, c.72, s.12.

12:8-9.1 Pilotage requirements not extended. 6. Nothing in this amendatory and supplementary act shall be construed to extend the requirement of pilotage to any type of vessel that is not required to be piloted pursuant to the laws of this State, and any rules or regulations esta…

12:9-11. Bond The harbor master, before entering upon his duties, shall execute a bond to the state of New Jersey in the penal sum of one thousand dollars, with two sufficient sureties to be approved by the mayor of the city of Elizabeth conditioned for the faithful performance o…

12:9-12. Jurisdiction and powers The harbor master may regulate and station all vessels in the harbor of Elizabeth and Elizabeth creek, and remove from time to time such vessels as are not employed in receiving and discharging their cargoes, to make room for such others as requir…

12:9-13. Violations; penalty Any person having charge of a vessel who shall refuse or neglect to obey the direction of the harbor master in matters within his authority to direct, or any person who shall resist or oppose the harbor master in the execution of the duties of his off…

12:9-2. Jurisdiction and powers The harbor masters may regulate and station all vessels in the bay of New York or in the North river, within the limits of Hudson county, and the wharves thereof, and remove such ships and vessels as are not employed in receiving and discharging th…

12:9-3. Adjusting differences with respect to position of coastwise vessels; fees If upon application of the person having charge of any vessel employed in coasting trade within the United States and entering the bay of New York or the North river within the limits of Hudson coun…

12:9-4. Supervising cleaning of wharves and docks; removal of nuisances The harbor masters shall superintend and enforce the execution of all laws of this state for cleaning the wharves and docks and for preventing and removing nuisances in or upon them. If the person whose duty …

12:9-5. Oath The harbor masters, before entering upon their duties, shall take an oath well, truly and faithfully to perform the duties of their appointment. The oath of the harbor masters shall be filed in the office of the secretary of state.

12:9-6. Restrictions on anchoring vessels in certain waters No vessel shall be anchored within three hundred yards of the end of a pier extending from the shore of New Jersey into the waters of New York harbor, or of the North or Hudson rivers, between a point in Jersey City due …

12:9-7. Violations; penalty Any person having charge of any vessel who shall refuse or neglect to obey the directions of the harbor masters, or either of them, in matters within their authority to direct, or any person who shall resist or oppose the harbor masters, or either of t…

12:9-8. Annual report of fees The harbor masters shall report to the governor, under oath, the whole amount of fees received to the thirty-first of December, inclusive, in each year.

12:9-9. Copy of laws to captain, owner or consignee of vessel The harbor masters shall give a copy of this article to the captain, owner or consignee of any vessel who shall request the same, and no person shall be fined for a violation of this article until that has been done.

12:10-10. Notice of examinations and surveys In all cases of inquiries, examinations and surveys of vessels and cargoes on board thereof, the port warden shall give notice thereof and of the time and place of completing the same, to all persons interested therein or having charge…

12:10-11. Attendance of warden on sales of condemned vessels and damaged goods; notice and conduct of sales; commissions The port warden shall attend personally all sales of condemned vessels and of damaged materials and goods which are sold at public auction by reason of the dam…

12:10-12. Certificates of cause of damage and amount of sales The port warden, when required by the owner or consignee of damaged goods sold pursuant to section 12:10-11 of this title, shall certify the cause of the damage, the amount of the sales and the charges on the same, all…

12:10-13. Fees of port warden The port warden shall be entitled to the following fees: a. For each survey held on board of a vessel, on hatches, stowage or cargo or damaged goods, or at any warehouse, store or dwelling, or in the public street or on the wharf, within the limits o…