Hauling Trash

Race cancellations
MILLVILLE NJ APRIL 24-26: Our Divisional race at Laurel Lake, Millville, NJ has been cancelled due to the NJ State Police requesting water safety certificates from all drivers in and out of state. Since the majority of drivers in APBA do not possess this certificate, we had no recourse except to cancel the race on such short notice.
—Jill Glossner/Chief Scorer


NOTE: Anyone intending to race at any event (not just outboards) in NEW JERSEY will need proof that they have taken the NEW JERSEY Boating Safety test. A boating safety course from another state won't work; it has to be the NEW JERSEY test. This will affect all events in NEW JERSEY. Those from out of state may take the test at www.boat-ed.com . The cost is $39.50 upon passing the test. Afterward, an in-person test is also required. For testing dates, check out www.thinkboatingsafety.com , www.njboatsafety.com or www.coastboatingschool.com

2 Trick Rick

WTF ?? That sucks..

Don you know if this means the Offshore boats at Point also?

Hauling Trash

Point and New york

2 Trick Rick

Point should be ok because so many Local's will be racing, but NY/SBI might not make it with so few boats and 99% of them from down south.

Any chance this rule (law) be reversed?

Hauling Trash

No , Welcome New Jersey,,,,,, its all about the Money

frankenstein

CHA CHING, CHA CHING. With that said, it is NJ, there has to be a way around it. Is this the answer to our economical problems???? It can be done. Stop panicking N.J.

purnell

i guess we will be skipping a few this year.

boatme

would that apply to vsiting boaters or poker runners as well??

GoFastSonic

This makes no sense, What if you are on your boat going between Maine and Florida and stop in NJ for an overnight stay? You mean to tell me you have to have a NJ boating cert? I think it is for NJ residence and NJ registered boat. Oh yea and crazy Germans from Florida

Hauling Trash

. any documentation from USCG AUX Us Power Squadrion or equivilant out of state test (as long as your here for less then 90 days) is exeptible. I'm trying to find our reps the exeption for this in the law and will keep everyone posted. For now here is your nights reading material!! LOL ( I sent this to the higher ups for there review also)

So that being said, I have been able to dig up several references to exemptions for our sanctioning body that should cover both age and safety course issues we face. Title 12 & 13 both have obvious wording that give full exemptions from these requirements in the code, and I would think you are probably aware of these (they are quite ambiguous though).

Links As follows
http://www.state.nj.us/njsp/maritime...ch7_121707.pdf
http://www.nj.gov/njsp/maritime/pdf/...h64_120607.pdf
NJ state law
12:7-23.4 Racing exemption
The provisions of this act shall not apply to power vessels registered and actually participating in
racing events, or tune up periods for racing events, when authorized by the Division of State
Police in the Department of Law and Public Safety or by any other public authority with the
approval of the Division of State Police.

13:82-1.16 Exclusion of racing events
The provisions of this subchapter shall not apply to any vessel or to any operator while actually
competing in an authorized race as in N.J.A.C. 13:82-4.6, held under the auspices of a duly
incorporated yacht club or racing association.



However I have also found a final draft of the law when it was first enacted in 2002
http://www.njleg.state.nj.us/legisla...s/waterway.pdf (see page 4 at near bottom) that also stated the exemption specifically in it.

And after working on this for most of the day I can conclude that the legislature for whatever reason may have dropped our exemption and has compromised the “Spirit of the law”. However nothing I have read confirms this either, as I cannot find an actual code that states NO EXEMPTIONS as only the “NJ state boating handbook” displays. (not actual code).

I fully feel if APBA hired an “Admiralty Lawyer” to review both federal and state reg’s pertaining to this matter we would have a quick and clear decision over N.J.S.P. and remove the animosity that is slowly building here. It has been my understanding (I read this while studying for my federal officers test with the USCG years ago) that the APBA is one of the only organizations that are exempt from federal and state regulations as per an act made back in the late 1800’s or early 1900’s. ( My experience as a Marine Surveyor would lead me to believe that only admiralty lawyer would have this type of expert knowledge) and I am not aware of any recent changes.

One may argue that the regulations do not conform to us, as they are only for recreational boats, do not at all mimic anything in our sport, and only serve to restrict the common goals of the people. You may even argue that we do have a training class and test to pass that may be suitable for their intensions.
Although it may be easier and more cost effective to just meet these requirements ( I already have), it does not stop the slow erosion of or exemption status and soon we will have to meet noise, flame arrestor, operational, and other safety requirements of the state that will compromise our sport down to a recreational boating level.


The state also enacted this new law this past year, maybe a person from APBA Region 3 would be eligible for a seat on this committee??

C.12:7-34.49 Boat Regulation Commission established.
14. (a) There is established within the department a seven member Boat Regulation Commission which shall consist of the Attorney General as ex officio member and six public members. The public members shall be appointed by the Governor with the advice and consent of the Senate for four year terms commencing on April 1 of the year of the appointment, except that of those first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a term of three years and one for a term of four years. As far as possible the public members shall be experienced boaters and shall represent the various geographical sections and boating interests of the State. At least one of the public members shall be actively employed in the marine industry.
The chairman shall be designated by the Governor. Each member of the commission shall serve at the pleasure of the Governor during his term and until the successor of the commission member has been appointed and has qualified. Vacancies shall be filled only for the unexpired term.
(b) The members of the commission shall serve without compensation except for the actual expenses incurred while engaged in their duties as members of the commission.
© The commission will promulgate rules and regulations, subject to the approval of the Attorney General, not inconsistent with the provisions of this act and including, but not limited to the inspection, operation, equipping, anchorage, racing and safety of vessels upon the waters of this State.

These rules and regulations shall be such as are reasonably necessary for the protection of the health, safety and welfare of the public and for the free and proper use of said waters by any persons or vessels in, on or about such waters. These regulations shall not be inconsistent with regulations issued by the agency or agencies of the United States having jurisdiction with respect to power vessels upon the waters of this State.
The commission shall meet monthly or at the call of the Attorney General or the chairman of the commission or when requested by any three members of the commission. The Attorney General shall designate a staff from the department to handle administrative matters for the commission. The commission shall maintain minutes of its meetings and, within five working days following the commission's approval of the minutes, submit them to the: Governor; President of the Senate; Minority Leader of the Senate; Speaker of the General Assembly and Minority Leader of the General Assembly.

I hope our organization is able to deal effectively with this issue, as I am certain it will not be the last we hear from NJ.


(I found this on a apba race site)

Mike

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