N.J. Admin. Code § 13:61-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:61-2.3 - Qualifications and application process

(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.

N.J. Admin. Code § 13:61-2.3

Amended by R.2010 d.296, effective 12/20/2010.
See: 42 N.J.R. 2003(a), 42 N.J.R. 3063(b).
Rewrote (a) through (c); and added (e) and (f).