N.J. Admin. Code § 13:82-2.1

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

Section 13:82-2.1 - Reporting of boating accidents

(a) Pursuant to N.J.S.A. 12:7-34.46 and 33 CFR Part 173 , when, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel the operator shall, without delay, by the quickest means available, notify the nearest State Police station of the following:

1. The date, time, and exact location of the occurrence;

2. The name of each person who died or disappeared;

3. The number and name of the vessel; and

4. The name and addresses of the owner and operator.

(b) When the operator of a vessel cannot give the notice or file the report required by (a) above, each person on board the vessel shall notify the State Police station or determine that the notice has been given.

(c) If, as a result of an occurrence that involves a vessel or its equipment, a person dies; a person is injured and requires medical treatment beyond first aid; damage to the vessel and other property totals more than the Federal standard for filing an accident report as established pursuant to 33 CFR 173.55, or there is the complete loss of any vessel; or a person disappears from a vessel under circumstances that indicate death or injury, the operator or operators shall file a written report on forms furnished by the State Police within:

1. Forty-eight hours of the occurrence if a person dies within 24 hours of the occurrence, or if a person is injured and requires medical treatment beyond first aid or disappears from a vessel; or

2. Within 10 days of the occurrence or death if an earlier report is not required pursuant to (c)1 above.

(d) The written report required at (c) above shall include the following information:

1. The numbers and names of each vessel involved;

2. The name and address of each owner of each vessel involved;

3. The name of the nearest city or town, the county, the State, and the body of water;

4. The time and the date the casualty or accident occurred;

5. The location on the water;

6. The visibility, weather, and water conditions;

7. The estimated air and water temperatures;

8. The name, address, age or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report;

9. The name and address of each operator of each vessel involved;

10. The number of persons on board or towed on skis by each vessel;

11. The name, address, and date of birth of each person injured or killed;

12. The cause of each death;

13. Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel;

14. The name and address of each owner of property involved;

15. The availability and use of personal flotation devices;

16. The type and number of each fire extinguisher used;

17. The nature and extent of each injury;

18. A description of all property damage with an estimate of the cost of all repairs;

19. A description of each equipment failure that caused or contributed to the cause of the casualty;

20. A description of the vessel casualty or accident;

21. The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, explosion, or other);

22. The opinion of the person making the report as to the cause of the casualty, including whether or not alcohol or drugs, or both, was a cause of or contributed to causing the casualty;

23. Characteristics of the reporting operator's vessel, including:

i. Make;

ii. Model;

iii. Type: authorized terms are "air boat," "auxiliary sail," "cabin motorboat," "houseboat," "inflatable boat," "open motorboat," "paddlecraft," "personal watercraft," "pontoon boat," "rowboat," "sail only," or "other";

iv. Beam width at widest point;

v. Overall length of vessel;

vi. Depth from transom to keel;

vii. Horsepower;

viii. Propulsion: authorized terms are "air thrust," "manual," "propeller," "sail," "water jet," or "other";

ix. Fuel: authorized terms are "electric," "diesel," "gas," or "other";

x. Engine drive type: authorized terms are "inboard," "outboard," "pod drive," "sterndrive," or "other";

xi. Hull material: authorized terms are "aluminum," "fiberglass," "plastic," "rubber/vinyl/canvas," "steel," "wood," or "other"; and

xii. Model year;

24. The name, address, and telephone number of each witness;

25. The manufacturer's hull identification number, if any of the reporting operator's vessel; and

26. The name, address, and telephone number of the person submitting the report.

(e) When the operator of a vessel cannot submit the casualty or accident report required at (d) above, the owner of the vessel shall submit the casualty or accident report.

N.J. Admin. Code § 13:82-2.1

Amended by 49 N.J.R. 766(b), effective 4/17/2017

Amended by 55 N.J.R. 2137(a), effective 10/2/2023