Boating Law, What You Need to Know Before Hitting the Water

With summer coming, being out on the water in a boat can be an enjoyable pastime at the New Jersey shore.

But a boating accident can turn a calm day on the water into a frightening scenario – especially if someone is injured.

It is important for boat owners and operators to know about personal watercraft laws and regulations.

A boating safety checklist should include:

• Life jackets and wearable personal flotation devices for each person on board.
• Fire extinguishers.
• Floatation devices that can be thrown into the water.
• Visual distress signals, such as flares.
• Distress sound signaling devices such as horns or a bell

It also is important to understand the New Jersey laws regarding alcohol and boating while under the influence.

Being found guilty of operating a vessel while under the influence, or allowing someone else who is under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug carries fines and penalties.

According to New Jersey State Police, if your blood alcohol concentration is 0.08% or higher but less than 0.10%, you will face a minimum fine of $250 and lose the privilege to operate a vessel on New Jersey waters for 12 months from the date of conviction. You also can forfeit your driver’s license, which will be forwarded to the Director of the Motor Vehicle Commission, for three months.

A person with a blood alcohol concentration of 0.10% or higher can face a fine of at least $300. Additionally, their operating license privileges can be revoked for one year from the date of conviction along with the forfeiture of their driver’s license for seven to 12 months.

Any subsequent offense means a potential fine of $1,000 and imprisonment for 180 days. The court can lower this for each day that community service is performed up to 90 days. A boater also may lose the privilege to operate a vessel on the waters for of 10 years from the date of conviction as well as forfeiture of their driver’s license for 10 years.

The New Jersey State Police provide more information a 46-page free online boating safety manual. Visit https://www.state.nj.us/lps/njsp/info/pdf/marine/021606-boating-safety-manual.pdf to obtain a copy.

Cooper Levenson is a full-service law firm established in 1957. The firm includes 70 attorneys with offices in Atlantic City and Cherry Hill, N.J.; New York, N.Y.; Wilmington, Del.; Fort Lauderdale, Fla, and Las Vegas, Nev. Randolph Lafferty, and Kathleen Beers are personal injury attorneys and can be reached at (609) 572-7788.