LAW AND PUBLIC SAFETY

BOAT REGULATION COMMISSION

MOTOR VEHICLE COMMISSION

Boating Regulations

Proposed Readoption with Amendments: N.J.A.C. 13:82

Authorized By: New Jersey Boat Regulation Commission, Roger K. Brown, Chair, with the approval of Peter C. Harvey, Attorney General, and Diane Legreide, Chief Administrator, Motor Vehicle Commission.

Authority: N.J.S.A. 12:7-34.49 and 12:7A-28

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2004-76

Submit written comments on N.J.A.C. 13:82-1.1 through 7.4 by April 30, 2004 to:

Roger K. Brown, Chair, Boat Regulation Commission

c/o Marine Services Unit

Division of State Police

P O Box 6078

West Trenton, NJ 08628-0068

Submit written comments on N.J.A.C. 13:82-8.1 through 9.1 by April 30, 2004 to:

Steven E. Robertson

Motor Vehicle Commission

225 East State Street

P O Box 162

Trenton, NJ 08666-0162

The agency proposal follows:

Summary

N.J.A.C. 13:82, which contains rules concerning inspection, operation, equipment, anchorage, racing and safety of vessels on the waters of the State and regulations concerning the numbering and registration of vessels and licensing of operators, were scheduled to expire on March 24, 2004. The expiration date has been extended to September 20, 2004 by the filing of this proposal pursuant to N.J.S.A. 52:14B-5.1. The Boat Regulation Commission (BRC) and the Motor Vehicle Commission (MVC) have reviewed the existing rules and determined that they are necessary, reasonable and proper for the purpose for which they were originally promulgated. N.J.S.A. 12:7-34.49 requires that rules promulgated by the BRC be in conformity with regulations issued by the agency or agencies of the United States having jurisdiction with respect to power vessels upon waters of the State. The BRC has reviewed the rules for conformity with Federal boating laws and the regulations promulgated by the United States Coast Guard and is proposing certain amendments to conform to Federal standards. The MVC has determined that no substantive amendments are necessary for the regulations concerning titling, registration and numbering of vessels and licensing of operators on non-tidal waters.

Subchapter 1 contains general rules on equipment and operation. The BRC proposes to change the heading of the subchapter from Equipment to General Provisions to more accurately reflect the content of the rules. N.J.A.C. 13:82-1.1 describes the scope of the chapter. N.J.A.C. 13:82-1.2 contains general references. N.J.A.C. 13:82-1.3 describes the equipment required on all vessels. The BRC proposes to amendment section 1.3(a) to replace the term "motorboat"with "vessel" to clarify that all vessels, regardless of propulsion, are required to have certain equipment on board for size and type of vessel. The BRC proposes to delete the reference to 33 CFR Part 175 and replace it with reference to Title 33 and Title 46 of the Code of Federal Regulations to clarify that Federal equipment standards are found in both titles. The BRC proposes to amendment N.J.A.C. 13:82- 1.3(a) to replace the term "motorboat"with "vessel" to clarify that all vessels, regardless of propulsion, are required to have certain equipment on board for size and type of vessel. The BRC proposes to delete the reference to 33 CFR Part 175 and replace it with reference to Title 33 and Title 46 of the Code of Federal Regulations to clarify that Federal equipment standards are found in both titles. The BRC proposes to amend N.J.A.C. 13:82-1.3(b) to delete the reference to captain of the vessel and replace it with "owner" to clarify that the responsibility to produce required equipment for inspection is that of the owner or operator.

The Commission proposes an amendment to substitute a reference to Title 33 and Title 46 of the Code of Federal Regulations for the reference to 33 C.F.R. Part 175, United States Coast Guard boating Safety regulations, to reflect the fact that both titles contain equipment requirements for vessels. N.J.A.C. 13:82-1.4 describes the requirement for personal flotation devices (PFDs)on vessels. The BRC proposes to amend the section to clarify that the PFD must be readily available. N.J.A.C. 13:82-1.5 describes the authorized use of rotating lights. N.J.A.C. 13:82-1.6 describes the authorized use of sirens. N.J.A.C. 13:82-1.7 provides general rules on speed of vessels. The BRC proposes to amend the section to clarify to clarify that the rule applies to all vessels, not just power vessels. The BRC proposes to amend N.J.A.C.13:82-1.7(b), which provides for a slow speed/no wake zone within 200 feet of designated objects, to clarify that the slow speed/no wake area includes a radius of 200 feet from authorized buoys or signs in addition to areas designated in the rule by relation to fixed objects or other vessels. The purpose of the proposed amendment is to clarify the intended meaning of the terms and to provide a clearer standard for the boating public. Any area described in subsection (b) is "Slow Speed/No Wake" whether or not marked by signs or buoys. In addition, the BRC proposes to amend N.J.A.C. 13:82-1.7(d) to clarify that the State Police, on recommendation of the Commission or on its own initiative, may authorize other areas to be marked slow speed/no wake if conditions warrant pursuant to N.J.S.A. 12:6-5. This designation is based on conditions such as congestion, visibility, safety or other good cause. However, only authorized buoys would be permitted. Unauthorized buoys will be subject to removal by State Police as hazards to navigation. The BRC proposes a technical amendment to N.J.A.C.13:82-1.8 to incorporate by reference the Federal Inland Navigation Rules and International Navigation Rules, commonly referred to as the rules of the road. The Federal Inland Navigation Rules are found at 33 U.S.C. §§2001-2038 and prescribes lighting characteristics and conduct between vessels in maneuvering situations. These rules are incorporated by reference to apply to all vessels on the waters of the State, except where the International Navigation Rules apply. International Navigation Rules are found at 33 U.S.C. §§1601-1608 and apply to vessels outside the COLREGS Demarcation line indicated on navigation charts.

N.J.A.C. 13:82-1.9 and 1.10 contain provisions on anchoring in channels or near aids to navigation. N.J.A.C. 13:82-1.11 prohibits traversing a race course in a manner that would endanger participants. The BRC proposes to correct the title of the section from "transversing" to "traversing." N.J.A.C. 13:82-1.12 reiterates the requirement that vessel operators obey orders of law enforcement personnel. N.J.A.C. 13:82-1.13 prohibits operators from allowing passengers to ride in dangerous positions. The BRC proposes to delete the reference to "power" to clarify that the section applies to all vessels. N.J.A.C. 13:82-1.14 concerns motors with altered identification numbers. N.J.A.C. 13:82-1.15 requires operators to wear the lanyard cutoff switch on vessels so equipped. N.J.A.C. 13:82-1.16 provides an exemption from operational regulations for vessels engaged in authorized racing activity. N.J.A.C. 13:82-1.17 concerns reporting of vessels acquired under other than normal conditions. N.J.A.C. 13:82-1.18 concerns obstructions to navigation. The BRC proposes to change the title of the section to "Floats and swim platforms" to more accurately reflect the content. N.J.A.C. 13:82-1.19 prohibits operation of a vessel by a non-licensed operator in an area where a license is required. The BRC proposes a new section on marine events, N.J.A.C. 13:82-1.20. A marine event is defined as an organized water event of limited duration that takes place on a predetermined schedule. Marine events include regattas, parades, races and other such events that involve five or more vessels, but does not include events of public entertainment on wholly owned private lakes. The sponsor or organizer of a marine event will be required to obtain a permit from the Station Commander of the marine police station responsible for the affected area unless the State Police have been notified that the Coast Guard is assuming primary responsibility for the event. In such cases the Coast Guard issues permits and controls the event. The application for the permit must be made at least 45 days before the event, but a single permit may be issued for recurring events for a period of up to six months. The Station Commander will consider the factors specified in proposed new subsection (d) in determining whether a permit should be issued. These factors include the inherent hazards of the event and the likely effect on other boating traffic. The proposed new rule also provides that the Station Commander or Shift Supervisor may terminate an event based on the occurrence unforseen conditions, including weather changes.

Subchapter 2 contains rules on the reporting of boating accidents. The BRC proposes amendments to conform the rules to the Federal rules on boat accident reporting at 33 CFR 173.1 et seq. to the extent not inconsistent with the requirements of N.J.S.A. 12:7-34.46. The subchapter requires operators to report boating accidents in which a person loses consciousness or is disabled for more than 24 hours to the State Police within 48 hours. Accidents involving loss of life or disappearance must be reported immediately. The subchapter also sets forth the information required on the written report mandated by N.J.SA. 12:7-34.46 and Federal regulations. The section retains the $500.00 damage threshold required by N.J.S.A. 12:7-34.46. The Federal threshold has been increased to $2000.

Subchapter 3 contains rules on waterskiing and rules applicable to specific bodies of water in the State. The BRC proposes to change the heading of N.J.A.C. 13:82-3.1 from "General provision" to "Waterskiing" to accurately reflect the content The BRC proposes an amendment to N.J.A.C.13:82-3.1(b) to clarify that distance requirement from objects includes the vessel, towline and skier. No amendments are proposed for the specific bodies of water included in the subchapter. These sections generally describe areas where waterskiing is permitted, hours of operation and maximum speed. N.J.A.C. 13:82-3.17 provides general regulations on swimming and diving and contains specific regulations for Manasquan Inlet, Barnegat Inlet and Shark River Inlet.

Subchapter 4 contains rules on watercraft noise control. No substantive amendments are proposed to these rules. The subchapter sets the maximum permitted decibel level for power vessels and prescribes the method of testing employed by the State Police for enforcement. The subchapter also contains rules for the issuance of race test permits. The permit required by subchapter 4 is in addition to any permit required under proposed new rule N.J.A.C. 13:82-1.20.

Subchapter 5 contains rules on personal watercraft. This subchapter, with modifications, was codified by P.L.1993, c.299 (N.J.S.A. 12:7-62 et seq.). Therefore personal watercraft operations are controlled by statute rather than rules. This subchapter provides that personal watercraft must conform to statutory requirements. No amendments are proposed.

Subchapter 6 contains rules on parasailing. The provisions of the current rules are proposed for readoption without amendment.

Subchapter 7 contains rules for motor vehicles on ice-covered waters. The subchapter contains definitions of all-terrain vehicles and snowmobiles permitted to operate on ice-covered waters and prohibits operations by other vehicles. The subchapter also requires operators to wear Coast Guard approved personal flotation devices. The BRC proposes a technical amendment to N.J.A.C. 13:82-7.4 to correct the statutory citation. The correct citation is N.J.S.A. 12:7-51.

Subchapter 8 contains rules on the registration of vessels and the licensing of operators. These rules are promulgated by the MVC. The subchapter describes the requirements for the numbering of vessels, the issuance and transfer of registration certificates, and the issuance of operator's licenses and fees. N.J.A.C. 13:82-8.19 and 8.20 were recently amended to incorporate the identification verification requirements for issuance of digitized driver licenses. See N.J.A.C. 35 N.J.R. 2946(a); 35 N.J.R. 4299(a). The MVC has reviewed the current rules and has determined that certain technical amendments are necessary. MVC proposes to delete N.J.A.C. 13:82-8.17(a), which concerns the notification period for address changes. This provision is unnecessary because the notification period of one week is established by N.J.S.A. 12:7-34.45(a). The Division of Motor Vehicles was abolished and the Motor Vehicle Commission was established, pursuant to N.J.S.A. 39:2A-4 on May 20, 2003. On that date, the title of the administrative head of the agency was changed from "Director" to "Chief Administrator." Consequently, the MVC also proposes to change the designation of "Division" to "Commission" and "Director" to Chief Administrator" where applicable.

Subchapter 9 contains rules establishing fees for issuance of certificates of ownership for vessels. The MVC has reviewed the current rules and has determined that no substantive amendments are necessary. Only technical amendments are necessary. The MVC proposes to change the designation of "Division" to "Commission" and "Director" to "Chief Administrator" where applicable.

Because the BRC and MVC are providing a 60 day comment period for this proposal, the proposal is exempt from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The rules proposed for readoption with amendments will have a positive social impact by continuing the safe operation of vessel on the waters of the State and promoting the enjoyment and use of those waters by the public. The proposed amendment to N.J.A.C. 13:82-1.3 will have a positive social impact because it will clarify the safety equipment that vessels must carry. The proposed amendment to N.J.A.C. 13:82-1.4 will have positive social impact by clarifying that personal flotation devices carried on a vessel must be readily accessible. The proposed amendments to N.J.A.C. 13:82-1.7 will have a positive social impact by balancing the need to protect sensitive areas such as shorelines and structures such as dams and bridges and also protecting the boating public from accidents caused by excessive speed in congested areas and areas of limited visibility. The proposed amendments will also have positive impact by establishing standards for use in determining whether an area should be designated a slow speed/no wake area. Proposed new rule N.J.A.C. 13:82-1.20 requiring permits for marine events will have a positive social impact by ensuring that events are coordinated and that law enforcement has adequate notice of events that may affect boater safety. The proposed amendment to N.J.A.C. 13:82-2.1 on reporting of boating accidents will have a positive impact by ensuring that reports filed in New Jersey conform to the Federal reporting requirements. The proposed amendment to N.J.A.C. 13:82-3.1 will have a positive social impact by clarifying the measurement of distance that vessels must maintain in order to ensure the safety of boaters and skiers.

Economic Impact

The rules proposed for readoption with amendments will not have any significant economic impact on the public. The rules imposing equipment requirements are based on State and Federal statutory and regulatory mandates. The fees for registration of vessels and licensing of operators remain the same as under the current rules. The proposed amendments to N.J.A.C. 13:82-1.7 may have a positive economic impact by preventing accidents and damage to shorelines and structures in the water. Fees for issuance of certificates of ownership, registration and numbering of vessels and licenses for operators provide general State revenues, except for deposits in the Boat Certification Fund, which are used exclusively for administrative and enforcement costs associated with the Boat Ownership Certificate Act.

Federal Standards Statement

A Federal standards analysis is not necessary because the rules proposed for readoption and the proposed amendments do not exceed federal boating standards promulgated by the United States Coast Guard to the extent that those standards are applicable to waters of the State. Proposed N.J.A.C. 13:82-1.3 incorporates by reference Federal standards on required equipment coantained in Title 33 and Title 46 of the Code of Federal Regulations. Proposed N.J.A.C. 13:82-1.8 incorporates by reference Federal standards contained in the Inland Navigation Rules in 33 U.S.C. §§2001-2038 and the International Navigation Rules in 33 U.S.C. §§1601-1608 where applicable. Proposed N.J.A.C. 13:82-2.1 conforms to the Federal boat accident reporting requirements contained in 33 C.F.R. 173.1 et seq. to the extent not inconsistent with N.J.S.A. 12:7-34.46.

Jobs Impact

The rules proposed for readoption and the proposed amendments will not result in the generation or loss of any jobs in New Jersey.

Agriculture Industry Impact

The rules proposed for readoption and the proposed amendments will not have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The rules proposed for readoption and the proposed amendments apply to all vessels and operators in the State. Of the approximately 200,000 vessels registered in the State, it is estimated that 5,000 are owned by small businesses, as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. These rules apply to all vessels and operators uniformly in order to provide for the safety and enjoyment of the public. Small businesses are required to register and title vessels and pay the associated fees to the same extent as larger businesses and private individuals. Costs are based on the size of the vessel. Operators are required to report boating accidents by statute. The rules proposed for readoption with amendments do not impose any additional requirements. Operational rules apply uniformly to all vessels and operators and do not impose reporting, recordkeeping or other compliance requirements on small businesses. Proposed new rule N.J.A.C. 13:82-1.20 imposes compliance requirements on sponsors and organizers of marine events, some of whom may be small businesses. There are no costs or fees associated with the required permit and small businesses will not need professional services to comply. The proposed new rule is intended to enhance safety on the waters of the state and therefore must be applied uniformly to all parties.

Smart Growth Impact

The rules proposed for readoption and the proposed amendments will not have any impact on smart growth or the implementation of the State Development and Redevelopment Plan.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:82.

Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. [EQUIPMENT] GENERAL PROVISIONS

13:82-1.3 Equipment

(a) No person shall operate or allow any person to operate any [motorboat] vessel in or on the waters of this State unless [said motorboat] the vessel is carrying on board the minimum equipment [for motorboats as is] required [in 33 C.F.R. Part 175] by Title 33 and Title 46 of the Code of Federal Regulations, amendments thereto and as may be amended, for the size and type of vessel.

(b) Whenever [such motorboat] the vessel is in operation, this equipment shall be produced by the owner or operator [or the captain of the motorboat] upon the request of a law enforcement officer of this State.

(c) (No change.)

13:82-1.4 Personal flotation devices

(a) No person shall operate or allow any person to operate any vessel in or on the waters of this State unless such vessel has a serviceable United States Coast Guard approved personal flotation device (PFD) readily accessible for each person on board. Such PFD shall be of the type(s) and number(s) required by the United States Coast Guard for a vessel of that class operating on navigable waters. This section applies to all vessels except surfboards, racing shells, rowing sculls and racing kayaks.

(b) In accordance with [P. L. 1999, c. 161] N.J.S.A. 12:7-47.1, every person who operates a vessel on the waters of this State with a child 12 years of age or younger on board shall have the child wear a properly fitted United States Coast Guard approved PFD whenever the vessel is underway. The PFD shall be fully secured by all means provided in accordance with the manufacturer's instructions.

(c)-(e) (No change.)

13:82-1.7 Speed

(a) No person shall operate a [power] vessel [or allow a power vessel to be operated] in a manner where the speed and/or wake of the [power] vessel may cause danger or injury to life or limb or damage to property.

(b) All [power] vessels shall reduce [their] speed to slow speed/no wake when passing:

1. Any marina, pier, dock, wharf or abutment at a distance of 200 feet or less, except on Lake Hopatcong, [which shall be] in accordance with N.J.A.C. 13:82-3.11;

2. Work barges [or work], platforms or floats while actually engaged in [construction] work related activity;

3. Through bridge [spans] openings of 400 feet or less;

4. Through lagoons, canals and confined areas of less than 200 feet in width;

5. Vessels not under command; [or]

6. Emergency vessels displaying sequential flashing or rotating blue lights[.];or

7. Vessels engaged in activities recognized by the Coast Guard displaying rotating or sequential flashing red and yellow lights.

(c) "Slow speed/No wake" as used in this section means the speed at which a [power] vessel moves through the water and is able to maintain minimum headway in relation to the vessel or structure being passed and producing the minimum wake possible.

(d) [All power vessels, when moving through an area not specified in (b) above that has been designated as a "Slow Speed/No Wake" area by the State Police either by buoys or by signs stating "Slow Speed" and/or "No Wake" shall reduce their speed to "Slow Speed/No Wake."] State Police, on the recommendation of the Commission or on its own initiative, may designate a specific area not included in (b)1 through 6 above as a temporary slow speed/no wake area based on congestion, visibility, safety, or other good cause. All vessels moving through these areas shall reduce their speed to slow speed/no wake within a 200 foot radius of the sign or buoy, in addition to any restriction under (b) above.

[ (e) A "Slow Speed/No Wake" area is any area defined in (b) above and any area within 200 feet of a State Police authorized "Slow Speed/No Wake" sign or buoy.]

[(f)] (e) No person shall place, anchor, or construct any buoy that states or implies that an area is a "Slow Speed/No Wake" area [pursuant to] except as provided in (a) through (e) above. The State Police may remove or have removed any such unauthorized buoy.

13:82-1.8 [Rules of the road] Navigation Rules]

All vessels navigating the waters of this State shall comply with the [inland rules of the road as set forth by the Coast Guard] Inland Navigation Rules Act of 1980, 33 U.S.C. §§2001-2038 , except where the [international rules of the road] International Navigation Rules Act of 1977, 33 U.S.C. §§1601-1608 are applicable. Both acts, as may be amended or supplemented, are incorporated by reference.

13:82-1.11 [Transversing] Traversing race course

No vessel shall move across the course or around the course of any race or regatta so as to create a water condition which shall unnecessarily endanger the life, limb or craft of those competing in the race or regatta.

13:82-1.13 Riders

(a) The operator of a [power] vessel shall not allow any person to ride in any position that would unduly endanger life or limb nor allow passengers or cargo in excess of the maximum capacity stated on the manufacturer's or U.S. Coast Guard information label.

1-2 (No change.)

13:82-1.18 [Obstruction to navigation] Floats and swim platforms

No person shall place, anchor, or construct or cause to be placed, anchored or constructed, any float or diving platform more than 25 feet from shore on any non-tidal waters where power vessels are permitted without the written approval of the State Police. Permitted floats or platforms that remain in the water between sunset and sunrise shall be marked by warning lights as required by the United States Coast Guard Navigation Rules International--Inland Annex V Rule 88.13. A copy of the Rule may be obtained from the State Police.

13:82-1.20 Marine events

(a) For the purposes of this section, "marine event" means an organized water event of limited duration that takes place on a predetermined schedule. A marine event shall include, but is not limited to, vessel parades, regattas, contests that use speed, acceleration, distance, time and/or destination, retrieval of any object(s), obstacle courses or maneuvering as a measure of competition involving more than five vessels (sail and/or power) underway at any time, and swimming events. A marine event shall not include events of public entertainment on wholly-owned private lakes.

(b) Marine events shall not be held unless a permit has been issued in accordance with this section, unless the United States Coast Guard has notified the State Police that the Coast Guard is assuming primary responsibility for the event. A copy of the permit shall be available for inspection by a member of the State Police upon request during the marine event. Failure to possess or produce the permit upon request of a member of the State Police shall be cause for termination of the event.

(c) The organizer or sponsor of the marine event shall submit a request in writing to the Station Commander of the State Police marine station responsible for patrolling the area in which the event is intended to take place. The request shall state the nature of the intended activity and shall include the name, address and telephone number of the person or organization sponsoring the event, the date, start and anticipated finish time, route of travel, number of vessels and estimated number of persons, and any other information requested by the Station Commander. This request shall be submitted at least 45 days prior to the event. If the event encompasses more than one State Police marine station area, the Station Commander of the area in which the event starts shall process the request, after consultation with the Station Commanders of any other State Police stations effected by the event, and determine whether or not to issue the permit. The Station Commander shall notify the United States Coast Guard district of any request for a permit affecting waters subject to the jurisdiction of the United States. The Station Commander may consult with other law enforcement agencies or governmental bodies with jurisdiction in the affected area.

(d) The Station Commander shall consider the following factors to determine whether or not to issue a permit for the event:

1. Inherent hazards of the event,

2. Customary presence of commercial or pleasure craft in the area,

3. Any obstruction of a navigable channel that may reasonably be expected to result,

4. the expected accumulation of spectator craft,

5. Previous history of the event or sponsor,

6. Other events for which a permit has been issued that may be affected, and

7. The need for conditions or restrictions.

(e) The Station Commander shall issue the permit, with or without restrictions, or shall deny the request and advise the sponsor of the reasons. At the discretion of the Station Commander, a single permit may be requested and issued for recurring events by the same sponsor or organizer for a period not to exceed six months.

(f) The Station Commander or Shift Supervisor may terminate any event due to circumstances that were unforeseen at the time of issuance of the permit that may present a safety hazard, including weather conditions, or if the event is being conducted in a manner that is inconsistent with the laws of this State, or restrictions of the permit.

SUBCHAPTER 2. REPORTING OF BOATING ACCIDENTS

13:82-2.1 Reporting of boating accidents

(a) Pursuant to N.J.S.A. 12:7-34.46 and 33 C.F.R. § 173.1 et seq., [the operator or operators shall report all boating accidents in which a person loses consciousness or receives medical treatment or is disabled for more than 24 hours to the State Police within 48 hours. Such reports shall be in writing on forms furnished by the State Police.

(b) In addition to the written report, required within 48 hours,] when, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel [or its equipment,] the operator shall, without delay, by the quickest means available, notify the nearest State Police station of the following:

1.- 4.(No change.)

[(c)] (b) When the operator of a vessel cannot give the notice or file the report required by (a) [or (b)] above, each person on board the vessel shall notify the State Police station or determine that the notice has been given [or the report has been filed].

[(d)] (c) If as a result of an occurrence that involves a vessel or its equipment a person dies, is injured and requires medical treatment beyond first aid, damage to the vessel and other property totals more than $500.00, there is the complete loss of any vessel; or a person disappears from a vessel under circumstances that indicate death or injury, the operator or operators shall file a written report on forms furnished by the State Police within [10 days] 48 hours of the occurrence if a person dies within 24 hours of the occurrenceor if a person is injured and requires medical treatment beyond first aid; or within 10 days of the occurrence or death if an earlier report is not required [on forms furnished by the State Police].

[(e)](d) The written report required in [(a), (b) and (d)] (c) above shall include the following information:

1. - 3. (No change.)

4. The time and the date [of ]the casualty or accident occurred;

5. - 12 (No change.)

13. Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel;

14.-24. (No change.)

25. The [issued] manufacturer's hull identification number, if any of the reporting operator's vessel; and

26. (No change.)

[(f)] (e) When the operator of a vessel [or other persons aboard] cannot submit the casualty or accident report [as] required in (d) above, the owner of the vessel shall submit the casualty or accident report.

SUBCHAPTER 3. OPERATIONAL REGULATIONS

13:82-3.1 [General provisions] Waterskiing

(a) (No change.)

(b) All power vessels (including vessel, towline and skier) conducting waterskiing operations shall, while underway, keep at least 200 feet distant from any wharf, marina, dock, pier, bridge structure, abutment, or persons in the water, and 100 feet from other vessels, any shore, approved aid to navigation or mooring except specifically provided otherwise in these regulations.

(c)-(h) (No change.)

SUBCHAPTER 7. MOTOR VEHICLES ON ICE-COVERED WATERS

13:82-7.4 Violations

Violations of this subchapter shall be subject to penalties as provided by N.J.S.A. [12:7-34.51] 12:7-51.

SUBCHAPTER 8. REGISTRATION AND LICENSING

13:82-8.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Commission" means the Motor Vehicle Commission.

"Chief Administrator" means chief administrator of the Motor Vehicle Commission.

["Director" means the Director of the Division of Motor Vehicles.

"Division" means the Division of Motor Vehicles.]

...

13:82-8.11 Notification required

(a) In addition to any other requirement, a person whose name appears as the owner of a vessel on a registration certificate shall within seven days notify the [Division] Commission in writing of:

1.-4. (No change.)

(b) A person whose name appears as the owner of a vessel on a registration certificate shall within two weeks notify the [Division] Commission of a change in name due to marriage, divorce or by order of court.

13:82-8.16 Misstatements

(a) (No change.)

(b) The [Division] Commission shall, upon presentation of evidence of any such misstatement, or the giving of a fictitious name or address, or of the conviction therefor, revoke the registration of the power vessel, or the operator's license as the case may be.

13:82-8.17 Change in address; name

[(a)Every licensed operator of a power vessel or motor shall notify the Division of any change in his or her legal residence within seven days of the change.]

[(b)] Every licensed operator of a power vessel or motor shall notify the [ Division] Commission within two weeks of a change in name due to marriage, divorce or court order.

13:82-8.21 General provisions; hull identification numbers

(a) - (b) (No change.)

(c) Vessels which are homemade or for other reasons that do not have a hull identification number assigned to them by their builders shall be assigned a number by the [Division] Commission once the [Division] Commission receives satisfactory proof on a form approved by the [Director] Chief Administrator that they have been examined by the State Police. The series used by the [Division] Commission shall be composed of three parts. The first section shall be NJZ--followed by a second section composed of a five digit number commencing with 00001; the third section shall consist of the word "HULL." An example of a hull identification number is as follows: NJZ-00001-HULL.

(d) -(e) (No change.)

SUBCHAPTER 9. CERTIFICATE OF OWNERSHIP FEES

13:82-9.1 Certificate of ownership fees

(a) The fee collected by the [Division] Commission for issuing a certificate of ownership in case of a sale not subject to a security interest pursuant to N.J.S.A. 12:7A-12a shall be $20.00.

(b) The fee collected by the [Division] Commission for issuing a certificate of ownership and copy thereof in case of a sale subject to a security interest pursuant to N.J.S.A. 12:7A-12b shall be $30.00.

(c) The fee collected by the [Division] Commission for a certificate of ownership, upon the filing with the [Director] Chief Administrator of a certificate of ownership together with a financing statement, pursuant to N.J.S.A. 12:7A-12c shall be $30.00.

(d) The fee collected by the [Division] Commission for a notice of satisfaction of a lien or encumbrance of record or abstract, or termination of a security interest pursuant to N.J.S.A. 12:7A-12f shall be $10.00.

(e) The penalty collected by the [Division] Commission from a purchaser who fails to comply with the provisions of N.J.S.A. 12:7A-12g shall be $25.00.

(f) The fee collected by the [Division] Commission for issuing a duplicate certificate of ownership pursuant to N.J.S.A. 12:7A-13 shall be $25.00.

(g) The fees collected by the [Division] Commission for providing copies of documents pursuant to N.J.S.A. 12:7A-15 shall be as follows:

1. - 2. (No change.)

(h) The fee collected by the [Division] Commission for issuing a corrected certificate of ownership pursuant to N.J.S.A. 12:7A-18 shall be $20.00.