Bill Text: NJ S487 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires certain persons on boats less than 21 feet long to wear personal flotation device between November 1st and May 1st.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Transportation Committee [S487 Detail]
Download: New_Jersey-2012-S487-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SAMUEL D. THOMPSON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires certain persons on boats less than 21 feet long to wear personal flotation device between November 1st and May 1st.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning personal flotation devices and supplementing chapter 7 of Title 12 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person shall not operate or allow any person to operate a vessel less than 21 feet in length on the waters of this State, beginning November first of each year and continuing thereafter, through May first of the following year, unless each person on board is wearing a serviceable United States Coast Guard approved personal flotation device. The personal flotation device shall be of a type and in sufficient number as required by the United States Coast Guard for a vessel of that class operating on navigable waters. The personal flotation device shall be fully secured by all means provided in accordance with the manufacturer's instructions.
b. For the purposes of this section, "vessel" includes a power vessel, sailing vessel, rowboat, canoe, kayak, and any other vessel less than 21 feet in length.
c. The provisions of subsection a. of this section shall apply to vessels while underway, moored, or at anchor.
d. The provisions of subsection a. of this section shall not apply to a person:
(1) On board a vessel that is owned and operated by the United States Government;
(2) On board a vessel that is owned or operated by the State of New Jersey or an agency thereof, a county, a municipality; a volunteer fire, first aid, rescue or emergency squad; a search and rescue unit established within a fire district created pursuant to N.J.S.40A:14-70; a volunteer fire company created pursuant to N.J.S.40A:14-70.1; or a rescue vessel, when, because of the nature of the service being performed by that person, it is impractical or unsafe for that person to wear a personal flotation device;
(3) Who is inside a machinery space or fully enclosed cabin that is a permanent, non-removable part of the vessel that is intended by the vessel's manufacturer to carry passengers;
(4) Who is performing or preparing to perform an activity that necessitates the removal of a personal flotation device. Such activities may include, but need not be limited to, diving or underwater swimming;
(5) During an emergency situation, if the ability of the person wearing the personal flotation device will be hindered in providing or receiving medical treatment; attempting a self-rescue or the rescue of another person; or safeguarding the person's own welfare or the welfare of another;
(6) On any vessel as a direct result of being rescued from an emergency situation;
(7) On a commercial vessel, which is engaged in the commercial harvesting of fish or shellfish, commercial diving operations or any other commercial activity, when, due to the nature of the activity or service being performed, it is impractical or unsafe for that person to wear a personal flotation device. For the purposes of this paragraph, a commercial vessel shall not include a vessel engaged in an activity normally associated with pleasure craft, a vessel operated by a guide service, or a fishing vessel that is not engaged in the commercial harvesting of fish, shellfish or other wildlife.
2. A person who violates this act shall be fined not less than $25 or more than $50 for each violation.
3. Nothing is this section shall be construed to exempt the operator of any vessel, from the requirement to have on board the type and number of personal flotation devices required by section 8 of P.L.1995, c.401 (C.12:7-77).
4. This act shall take effect immediately.
STATEMENT
This bill would require persons on board a vessel less than 21 feet in length to wear a personal flotation device (PFD) between November 1st and May 1st. The PFD is to be fully secured as specified by the manufacturer. Under the bill, a "vessel" includes a power vessel, sailing vessel, rowboat, canoe, kayak, and any other vessel less than 21 feet in length.
The bill provides for several exemptions from the requirement that a PFD be worn on board a boat from November 1st through May 1st. These exemptions apply to persons:
(1) on board a vessel that is owned and operated by the United States Government;
(2) on board a vessel that is owned or operated by the State or a county or municipality, a volunteer fire, first aid, rescue or emergency squad; or a search and rescue unit, when, because of the nature of the service being performed by that person, it is impractical or unsafe for that person to wear a PFD;
(3) who are inside a machinery space or fully enclosed cabin that is a permanent, non-removable part of the vessel that is intended by the vessel's manufacturer to carry passengers;
(4) who are performing an activity that necessitates the removal of a PFD, such as diving or underwater swimming;
(5) during an emergency situation, if the ability of the persons wearing the personal flotation devices will be hindered in providing or receiving medical treatment; attempting a self-rescue or the rescue of another person; or safeguarding their own welfare or the welfare of another;
(6) on a vessel as a direct result of being rescued from an emergency situation; and
(7) on a commercial vessel, which is engaged in the commercial harvesting of fish or shellfish, commercial diving operations or any other commercial activity, when, due to the nature of the activity or service being performed, it is impractical or unsafe for that person to wear a personal flotation device.
The penalty for violating the provisions of the bill is a fine of between $25 and $50.
According to the sponsor, the purpose of this bill is to decrease boating-related injuries and fatalities by requiring the use of PFDs on small vessels during those months of the year when water temperatures are the coldest. Water temperature is a major factor in many boating fatalities. Immersion in cold water can cause hypothermia. Unnecessary movement in the water, such as struggling to stay afloat, accelerates the loss of body heat and the onset of hypothermia. Furthermore, rescue during these months often takes longer due to fewer persons on the water during the off-season. Wearing a PFD allows the body to conserve energy and stay afloat until rescued. This bill is modeled on a similar bill recently enacted in New York. Massachusetts and Connecticut have similar legislation.
