BOATING BILL
This bill phases in over a four-year period a prohibition against any person operating a power vessel or a personal watercraft on the waters of the State, without having successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety and having in the person's possession a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, with certain exceptions.
Section 4 of the bill provides for a written test for experienced boaters to replace the course requirement, and further provides for the issue of the required certificate. Section 5 of the bill provides for the Superintendent of the State Police to issue the required certificate to persons who have completed other boat safety education that the superintendent determines to fulfill the requirements of this act. In addition, persons holding a commercial fishing license or a Coast guard license are exempted, except as may be otherwise required by State or federal law. Persons from out-of-State staying less than 90 days and operating their own boat, persons renting a boat who have taken pre-rental safety course, and first time boat owners for the first 60 days of ownership are also exempted. The phase-in applies to anyone under the age of 35 on June 1, 2004; anyone under the age of 45 on June 1, 2005; anyone under the age of 55 on June 1, 2006; and anyone operating a power vessel or personal watercraft on June 1, 2007.
Furthermore, the bill repeals sections of statutory law that conflict with the bill's requirements, and provides for pending actions for violations committed before the effective date of this act to continue under the repealed sections of law. The bill also restates several provisions of the existing law. It restates the current penalties for violations and the requirement to submit a copy of the certificate certifying successful completion of the boat safety course when applying for a power vessel operator's license. The bill clarifies that no person under the age of 13 may operate a power vessel or a personal watercraft on the waters of the State. The bill restates the current prohibition against any person under the age of 16 and at least 13 years of age operating a power vessel on the waters of the State unless the person possesses a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, and unless the power vessel is:
(1) powered solely by a motor of less than one horsepower or an electric motor of 12 volts or less; or (2) 12 feet or greater in length and powered by a motor, or combination of motors, of less than 10 horsepower.The bill also clarifies that any municipality in which a power vessel or personal watercraft is operated may enforce the State noise regulations and requirements against the person operating a power vessel or personal watercraft within the jurisdiction of the municipality at decibel levels exceeding the limits established pursuant to rules and regulations as measured by a noise meter operated by a trained police officer
Finally, the bill appropriates $2 million for increased patrolling by marine police for the purposes of enforcing the act.