Out of state boaters in NJ waters...

[bulletbob]

After many calls to people that had trouble understanding the law, and several replies here on this board that were in error, I finally got the answer that I have been seeking for a few years,, Sadly, a few calls to NJ state police last year [marine division] were not answered correctly either..

The NJ Marine Police in PP advised me that i could indeed operate a boat in NJ waters despite not having a "boating certificate" which is not required in NY state.. It was explained to me that as long as you are in compliance with your home state laws, NJ honors your right to operate a vessel in NJ waters.. An exception would be lets say a non resident or part time resident that has a NJ address as in a summer home etc.. They are required to have a certificate..
A few members here in a past thread on the subject thought it very strange that NJ would not allow out of state boaters to use the waterways and buy fuel/food/hotels/ launch and marina fees /bait tackle etc.. Bad business. Glad that the state of NJ agrees.
I spend $100-$150 easy in NJ when I trailer down on gas, bait, launch, meals etc,,.. So yes NJ is open for business to out of state boaters. LOTS of good smart people, even some close to the situation gave some bad advice past few years. Finally got a straight answer.. I hope to get down a bunch this summer, and now I don't have to worry about " getting caught".... bob

[Capt. Debbie]

Why would you think that the State Police enforcing these laws cares what you spend or don't spend it NJ? It's not the Bureau of Tourism or trying to show gratitude.

Same in fishing regulations. In NJ it's NJ law. Don't care where you came from or where you caught it.

And each state can make it's own laws when you are in that state. Has nothing to do with tourism as you suggested.. just like fluke regulations.

The law is you need a Certificate in NJ waters. Whether you're from NJ, NY, or PA. The law in NY only effects while in NY waters. If you get one from where you live in NY fine. Otherwise get one for NJ. I've had plenty of Staten Island who were born BEFORE MAY 1996 who did not need one in the NY half of Raritan Bay. But do need one on the southern half of R Bay.

The EXCEPTION- incidental travels. IF AND ONLY IF You are traveling through NJ to elsewhere A from elsewhere B. Clearly you are staying here in NJ not passing through since you are spending tons of money here as you point out. Passing through NJ. NOT visiting NJ.


Trust me I teach both NJ and NY and am lawyer and have read the law. You can argue incidental passage and see if cop buys it,

PM Me- I will send you the NJ statute on point?

Personally I don't care if you do or don't. But I don't want you to have some clerk answering a phone mis interpreting the law to you and getting a fine. DMV is a perfect example of mis- dis- and correct information.

Originally Posted by bulletbob

After many calls to people that had trouble understanding the law, and several replies here on this board that were in error, I finally got the answer that I have been seeking for a few years,, Sadly, a few calls to NJ state police last year [marine division] were not answered correctly either..

The NJ Marine Police in PP advised me that i could indeed operate a boat in NJ waters despite not having a "boating certificate" which is not required in NY state.. It was explained to me that as long as you are in compliance with your home state laws, NJ honors your right to operate a vessel in NJ waters.. An exception would be lets say a non resident or part time resident that has a NJ address as in a summer home etc.. They are required to have a certificate..
A few members here in a past thread on the subject thought it very strange that NJ would not allow out of state boaters to use the waterways and buy fuel/food/hotels/ launch and marina fees /bait tackle etc.. Bad business. Glad that the state of NJ agrees.
I spend $100-$150 easy in NJ when I trailer down on gas, bait, launch, meals etc,,.. So yes NJ is open for business to out of state boaters. LOTS of good smart people, even some close to the situation gave some bad advice past few years. Finally got a straight answer.. I hope to get down a bunch this summer, and now I don't have to worry about " getting caught".... bob

[Capt. Debbie]

THE NJ LAW ( from the NJ SP's own publication page 2)

Out-of-state residents who are at least 16 years old and in New
Jersey for less than 90 days may operate a power vessel on the waters
of the State of New Jersey if they possess a certifi cate issued
by their state of residence or they have in their possession written
proof of successful completion of a boat safety course approved by
another state, the U.S. Coast Guard, or the National Association of
State Boating Law Administrators (NASBLA).



Note they do NOT care if having a Certificate or not complies with your home state's regulations.

[bulletbob]

Not according to the State of NJ Marine Enforcement Bureau.. Unless they are as not knowledgeable in NJ Marine law as you are... I called them and explained the situation and was advised that NJ does allow OUT OF STATE boaters to operate a vessel in NJ if they are in compliance with the regulations in their home state... NY doesn't have "certificates".. I was told by the Marine Police that NY boaters can indeed use NJ waters, as they are in compliance with NY law, and that NJ honors that.
I appreciate your reply, but until I get a ticket that proves you correct, I will go by the conversation I had with the NJ Marine Enforcement Bureau... bob

[Capt. Debbie]

Bob,

I have two guys from Staten Island who will tell you WRONG and ended up taking a NJ course and a marine police encounter in the Arthur Kill . But of course you can ALWAYS do whatever you like.

Frankly I'd be surprised if you got anyone to even answer the phone at the Trenton NSP HQ MSB. They want emails. And there is no NJ Marine Enforcement Bureau. And NY DOES have boater safety certificate NASBLA company issued by the NYS Dept of Parks in Albany.

I hope you recorded that phone call you may eventually need it. LOL Fine can be up to $500.

Personally it does not matter if you do or don't get a certificate . I just hope others do know.

Originally Posted by bulletbob

Not according to the State of NJ Marine Enforcement Bureau.. Unless they are as not knowledgeable in NJ Marine law as you are... I called them and explained the situation and was advised that NJ does allow OUT OF STATE boaters to operate a vessel in NJ if they are in compliance with the regulations in their home state... NY doesn't have "certificates".. I was told by the Marine Police that NY boaters can indeed use NJ waters, as they are in compliance with NY law, and that NJ honors that.
I appreciate your reply, but until I get a ticket that proves you correct, I will go by the conversation I had with the NJ Marine Enforcement Bureau... bob

[Capt. Lou]

Another interesting wrinkle effecting out of state boaters operating in NJ waters for over 90 days is whether a documented vessel needs to be registered in NJ or state of residence .
I was stopped in Shrewsbury River a few years ago for for not having my boat registered , since I never thought that documentation wasn't in compliance with out of state boat docked in NJ . For over 90days .
I previously owned several boats that were registered in my state of residence but since this vessel was in access of 9 tons I chose to document and for the previous 6 years of ownership never once was questioned even during fish check stops in both Belmar and Sandy Hook area . I docked a channel club for several years and since the tax folks checked periodically on Docked vessels with De. On stern no issues .
Since fine was small I didn't dispute the Marine Police issued ticket and went ahead and registered my boat , end of story .
Any thoughts ??
PS I was in compliance with operators license since I had a copy of my 100 ton papers on display .

[bulletbob]

Originally Posted by Capt. Frank

Bob,

I have two guys from Staten Island who will tell you WRONG and ended up taking a NJ course and a marine police encounter in the Arthur Kill . But of course you can ALWAYS do whatever you like.

Frankly I'd be surprised if you got anyone to even answer the phone at the Trenton NSP HQ MSB. They want emails. And there is no NJ Marine Enforcement Bureau. And NY DOES have boater safety certificate NASBLA company issued by the NYS Dept of Parks in Albany.

I hope you recorded that phone call you may eventually need it. LOL Fine can be up to $500.

Personally it does not matter if you do or don't get a certificate . I just hope others do know.

Capt Frank,, Look, you are a knowledgeable guy and I have no reason to doubt your words.. I did speak to An officer at what was called the NJ Marine Enforcement Bureau in PP..
I asked him specifically if I, as a NY boater had to stay on the NY side of Raritan Sandy Hook Bay as I did not have a NJ certificate, and that NY did not require it.. He stated emphatically that I was in compliance with NY and there was no problem at all in NJ , UNLESS I had a residence in NJ as well, in which case I would need the NJ certificate.. I suppose he could have been mistaken, but really, a NJ Marine Police officer that is answering questions from boaters about state boating laws should be aware of the regulations... I will have to check further I guess.. thanks for the reply, its well appreciated..

I got the # and the address on the net...
These are the people I spoke with-

State of NJ Marine Law Enforcement Bureau

Point Pleasant Beach, NJ 08742

(732) 899-5050


bob

[Capt. Debbie]

Bob,

If you spend enough time on the water you get the gamut of experiences and hey "go figures".

I was towing a family south bound in a cabin cruiser to Channel Club. The tides at out back as we approach the Sea Bright Bridge. I put out a Securite call on VHF 16. When I'm about 200 feet from going under the bridge, this guy rushes past me in a 60' yacht. Wakes the shit out of us. The family on my tow come out of deck. I think 6 people.

The 60' yacht named Sea Foam blows past me to get under bridge, and the numbnuts realizes he will not fit. Slams it into reverse towards me. I have to do a hard over and get on the gas to take the slack out of the tow while yelling hang on to them so my tow does not get rammed by him backing up.

A-hole on yacht ends up pinned sideways with the incoming tide which rips there. His whole port side superstructure is smashed to shit and the bridge tender is out looking over the side. WTF?????

He smashed up boat, put us at extreme risk and damaged Sea Bright bridge to some extent. I call USCG.

We have 10 witnesses to this crap. NJSP boat gets on scene. The NJSP boat arrives at Channel club. This why I bring this story up.

The trooper does know what to charge him with despite the witnesses, boat damage and bridge tender calling in possible bridge damage. Duh!

How's: Reckless endangerment for me and 6 passengers. Reckless boating. Negligent operation. Criminal Mischief. etc.

I get subpoenaed to Sea Bright municipal court. This clown shows up with a lawyer expecting to go to jail. The town prosecutor asks me what's appropriate plea offer? The law is disorderly persons with a fine up to $500.

I suggest max out the fine. The lawyer he brought and the damages to the boat are multiples of that.

I learned many government people simply do a job and not all that knowable in what they do. Some are clueless.

A few emails ago, I cited the NSP MSB reqs which are obviously contrary to what you were told. Ask another and get another answer. LOL

[bulletbob]

Just out of curiosity I emailed the NJ Marine Police... this time, I got an emphatic NO, you are not to take a boat into NJ waters at any time.. launch and stay on the NY side, or else.. So in talking with 4 NJ state Marine Police officers between this year and last, 2 said i was fine, no worries, and 2 said don't even try it,, Clear as mud. Someone needs a better understanding of the laws they must enforce it would seem.. I won't try it... bob

[Capt. Debbie]

Bob,

You know you can take the NY class totally online with BoaterExam.Com or Boat-Ed.Com for $30-35 and get a lifetime card from Parks Dept? Unlike NJ you can take the whole course on your computer including the final exam. 50 Questions, passing grade 76%.

It's much easier than the NJ course and perfect for you.

Originally Posted by bulletbob

Just out of curiosity I emailed the NJ Marine Police... this time, I got an emphatic NO, you are not to take a boat into NJ waters at any time.. launch and stay on the NY side, or else.. So in talking with 4 NJ state Marine Police officers between this year and last, 2 said i was fine, no worries, and 2 said don't even try it,, Clear as mud. Someone needs a better understanding of the laws they must enforce it would seem.. I won't try it... bob