Events

Reprinted from Boating Industry Friday January 27, 2006

Regulatory Review

N.J. passes stringent boater education law

MANASQUAN, N.J. – 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 legislation was passed after a more than three-year effort by the Marine Trades Association of New Jersey. The MTA/NJ argued successfully that a strong standard, based on national review and research, would improve boating safety in New Jersey .

Some added notes: A copy of the new law is posted at the NJ Marine Trades site, www.mtanj.org.  They supported the bill. Online courses are not acceptable - only proctored tests such as those administered by the USCG Auxiliary and USPS are accepted - even for out of state boaters. Holders of a valid USCG license will be exempt automatically. Out of state power boaters are allowed 90 days without needing the certificate (no indication how to prove how long you've been there) as long as they can prove they have proof of similar education from another state, NASBLA, or the Coast Guard. (How does this apply to vessels sailing?) There will be an "experienced boater test" which will exempt those who pass from taking the course but it hasn't been developed yet. New boat purchasers have 30 days to get a certificate, but must pass a course given by the dealer first (and of course, the dealer won't sell the boat to anyone who doesn't pass). In Pennsylvania, a state with 209,000 registered boaters, anyone born 1979 and on must take the course immediately. Those born 1969-1978 must take it by June 1, 2006; 1959-1968 have until June 1, 2007 and those born 1949-1958 must comply by June 1, 2008. Everyone must comply by June 1, 2009. Criminal background checks will be performed on all applicants. BoatUS has opposed the bill and has an article in the March issue of BoatUS Magazine. Enforcement is up in the air.