As most of you probably know by now, New Jersey has a new regulation pertaining to the wearing of personal flotation devices which was set by administrative code as shown below:
However, there were a couple questions that came up regarding the new law. One was how is underway defined. Many people believe that to mean when the boat is under engine power or sail. That is not the case though, as underway is defined as a vessel not at anchor, aground or made fast to land. That means that a boat drifting or even being held in place by a trolling motor is considered to be under way.
Another question was how a recreational vessel is defined and whether or not the regulation applies to the for-hire sector. A recreational vessel is defined as a vessel being manufactured or operated primarily for pleasure or leased, rented or chartered for another for the latter’s pleasure. So yes, the new law does apply to the for-hire fleet as well.
The last question I received was whether or not this new law applies to federal waters as well. The answer is no, it does not. It is a New Jersey regulation which applies to all waters within our state. However, there are separate regulations in Federal waters. One in particular states that “On a vessel that is underway, children under 13 years of age must wear an appropriate U.S. Coast Guard-approved life jacket unless they are: Below deck or within an enclosed cabin”. You may read more about both state and federal regulations as well as safety in the boating guides listed below by clicking on the following links: