N.J. Admin. Code § 13:82-4.2

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

Section 13:82-4.2 - Noise limitation provisions

(a) No person shall operate or give permission for the operation of any vessel or watercraft capable of emitting noise totalling in excess of 90 dba in or upon the waters of this State.

(b) Measurements shall be made by a sound level meter which satisfies ANSI-S 1.4, type 2, or equivalent, and is certified by the Department of Environmental Protection, Office of Noise Control, with reference, as applicable, to standards of the New Jersey Office of Weights and Measures or the National Institute of Science and Technology or both, or by other competent authority designated by the Office of Noise Control.

(c) The noise emission test measurement shall be made with the sound level meter at a distance of not less than four feet above the water at a point where the transom gunwale and port or starboard gunwale intersects. The vessel being tested shall operate its engine at the lowest throttle setting in neutral gear. In the case of a vessel with multiple engines, said engines shall operate together at the lowest throttle setting in neutral gear. Personal watercraft, jet boats, and all other vessels which have no neutral gear shall operate at the lowest throttle setting with minimum or no headway motion.

(d) Any member of the State Police or other law enforcement officer certified by the Office of Noise Control with a reason to suspect that a vessel is exceeding the noise limitation may require the operator to submit to a noise emissions test as described at (b) and (c) above.

(e) Any person who fails to comply with the directive to submit to a noise emissions test shall be ordered to immediately return the vessel to its mooring and cease operations and shall be subject to the penalty for violation of those regulations.

(f) The noise limitation provisions of this section shall not apply to vessels registered and actually participating in racing events or tune-up periods for such racing events, when authorized by the State Police or by any other public authority with the approval of the State Police. Tune-up periods approved pursuant to this section shall be limited as follows:

1. Before any race boat is tested, the driver shall secure a Race Test Permit from the State Police.

2. Before the permit is issued, the applicant shall submit a statement which shall include the following:

i. The name and address of the driver;

ii. The type and a description of the boat;

iii. The area of the test;

iv. The name and address of the boat's owner;

v. The date and location of the next race in which the operator will compete; and

vi. Any other information deemed necessary by the State Police.

3. From May 15 through October 1, there shall be no race tests permitted on Saturday, Sunday or holiday.

4. All race tests shall be conducted between the hours of 10:00 A.M. and sunset.

5. All race tests shall be limited to a total test period of 20 minutes on the water.

6. There shall be a maximum five race tests in any seven day period.

7. No driver shall be permitted more than five race tests in any seven day period.

8. No boat shall be tested more than five times in any seven day period.

9. The provisions at (f)3, 6, 7, and 8 above shall not apply on a body of water in the three-day period immediately preceding a race on that body of water. Subject to such restrictions as may be imposed by the U.S. Coast Guard or the State Police, testing on days of sanctioned races may begin two hours before the start of the first race.

10. The State Police may deny or cancel any permit issued by the State Police for the reasons of boat traffic, poor weather, confined area, or other valid reason.

N.J. Admin. Code § 13:82-4.2

Amended by R.1999 d.127, effective 4/19/1999.
See: 31 New Jersey Register 113(a), 31 New Jersey Register 1069(a).
In (d), substituted "member of the State Police" for "marine police officer" following "Any"; and in (f), substituted references to the State Police for references to the Department in the introductory paragraph, substituted references to the State Police for references to the Bureau in 1, 2vi and 9, rewrote the introductory paragraph of 2, and rewrote 10.

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