Current through Register Vol. 56, No. 18, September 16, 2024
(a) To be qualified as
an approved boat safety instructor, an applicant must hold:
1. A valid, current, United States Coast Guard
operators license and a boat safety certificate issued by the Superintendent;
or
2. A boat safety certificate issued
by the Superintendent and proof of current certification as an instructor provided
by any of the following entities:
i. The United
States Coast Guard Auxiliary;
ii. The
United States Power Squadron;
iii. The
National Safe Boating Council; or
iv.
Other boating safety instructor certification program determined acceptable by the
Superintendent.
(b) Applicants shall submit an application to the
Marine Services Bureau on a form and in a manner determined by the Superintendent.
The application shall include:
1. The applicant's
name. Two forms of identification shall be provided, at least one shall include a
photograph, and at least one shall be a government issued form of identification. It
is the applicant's responsibility to provide originals for viewing by Marine
Services Bureau personnel and to furnish a copy of the identification utilized to
the Marine Services Bureau for retention in the Marine Services Bureau
records;
2. The applicant's street
address. Proof of address is required. The documents utilized to fulfill the
requirements in (b)1 above may be utilized if an accurate, current address is
reflected on the document. If not, the applicant shall provide an original document
showing proof of current address for viewing by Marine Services Bureau personnel,
and a copy to be retained in the Marine Services Bureau files;
3. The applicant's telephone number;
4. The applicant's email address, if
any;
5. Information describing the
applicant's experience and training in the art and science of navigation and
seamanship. All documented experience shall have been gained after the applicant's
15th birthday. The following documentation may be utilized for the purposes of
satisfying the provisions of this paragraph:
i. A
United States Coast Guard operator's license, excluding an Operator of Uninspected
Passenger Vessels (OUPV) Limited license; or
ii. Written proof of 360 four-hour days of vessel
operating experience on a registered or documented vessel, or a vessel, which if
operated in the State of New Jersey would be required to be registered or
documented. This proof need not be submitted on United States Coast Guard forms,
however United States Coast Guard forms may be utilized;
iii. If an individual does not hold a United
States Coast Guard operator's license, and is not able to satisfy proof of 360 days
operation experience as required in (b)5ii above, but has gained an amount of vessel
operating experience that is equal to the experience required in (b)5ii above on a
registered or documented vessel or a vessel, which if operated in the State of New
Jersey would be required to be registered or documented, the applicant may instead
submit proof of vessel operation by submitting:
(1)
A statement attesting to at least 10 years of vessel operation on a registered or
documented vessel or a vessel, which if operated in the State of New Jersey would be
required to be registered or documented. The statement shall include the date(s) of
active vessel operation, type(s) of vessel(s) operated and the geographical area of
operation. The statement shall be prepared and signed by the applicant and shall
explicitly state that the applicant has actively, on a routine basis, operated the
vessel(s) during the period specified and be notarized; or
(2) Proof of successful completion of a recognized
certification for power vessel operation, issued by a state or Federal government or
an entity thereof or a branch of the military, or an entity thereof, that is deemed
to be appropriate by the Superintendent, and a statement attesting to at least three
years of vessel operation on a registered or documented vessel or a vessel, which if
operated in the State of New Jersey would be required to be registered or
documented. The statement shall be prepared and signed by the applicant and shall
explicitly state that the applicant has actively, on a routine basis, operated the
vessel(s) during the period specified, and be notarized. Written proof of successful
completion of the certification program shall be issued by the government or
military body issuing the certification and shall be an original document (no
copies) or a copy of the original document that has been authenticated and signed by
the applicant and notarized. It is the responsibility of the applicant to ensure
that proof of certification is provided to the Marine Services Bureau; or
iv. Any combination of time as
specified in (b)5ii or iii above may be utilized to fulfill the requirements of this
section, however, no more than one year of vessel operating experience may be
credited per calendar year.
(c) The applicant shall submit supporting
documentation to verify requirements as set forth in (a) and (b) above. It is the
responsibility of the applicant to furnish any other information deemed necessary by
the Superintendent after review of the initial application, including, but not
limited to, supporting documentation, original certifications and all information
required to complete the boat safety instructor identification card.
(d) Applicants shall submit fingerprints and a
written consent for a criminal history background check in a manner prescribed by
the Superintendent in accordance with N.J.A.C. 13:59. Applicants for approval shall
bear the cost for the criminal history background check as set forth in
13:59-1.3.
(e) It is the responsibility of the applicant to
appear, in-person, and present all documentation required to prove that the
provision of this section have been met, and that, that individual has met the
qualifications necessary to become an approved boating safety instructor in the
State of New Jersey. Unless otherwise specified, original documents shall be
provided for viewing by Marine Services Bureau personnel and copies shall be
furnished for retention in the Marine Services Bureau files. All copies shall be
authenticated and signed by the applicant and shall be notarized.
(f) An individual, who is not an approved boat
safety instructor as required by
12:7-60 and this chapter, but who is
considered, by the provider, to be an "expert" in a particular field, may provide
lectures to students taking part in an approved boating safety course only under the
following conditions:
1. All individuals
instructing required course content as specified in
12:7-60 and 61 and this chapter, during
an approved New Jersey boat safety course, shall be recognized as a "boat safety
instructor" in accordance with
12:7-60 and this chapter;
2. An approved boat safety instructor shall
present at least seven hours of in-person instruction if the course is completed
within a single 24-hour period, or at least six hours of in-person instruction if
the course is administered on more than one day, provided that appropriate homework
is assigned and the course otherwise meets the time requirements specified in
13:61-1.4(d);
3. All course content required by
12:7-60 and 61 and this chapter shall
be delivered by an approved boat safety instructor;
4. The final examination shall be proctored by an
approved boat safety instructor;
5. All
lectures, actions or other activities presented by an individual who is not an
approved boat safety instructor shall be directly monitored by an approved boat
safety instructor to ensure that the content is presented correctly and factually,
and that it is presented in the best interest of boating safety. The time in which
an individual, who is not an approved boating safety instructor presents material,
shall be over and above the required minimum time specified in
13:61-1.4(c);
6. Individuals who are not approved boat safety
instructors, and who are not providing lecture or other activities as set forth in
(f)5 above, may provide classroom assistance to an approved boat safety instructor
during the administration of an approved boat safety course or during testing,
provided that they are not providing classroom instruction and they are not
responsible for monitoring classroom activities. Individuals performing these
functions shall be directly monitored by an approved instructor; and
7. The provider and the approved boat safety
instructor shall be responsible for the conduct of an individual who is not an
approved boat safety instructor, who has taken part in the administration of an
approved boat safety course, as set forth in (f)5 and 6 above, administered under
their authority, whether that conduct is directly related to occurrences within the
classroom, or to events that take place elsewhere, as a result of occurrences within
the classroom.
