CHAPTER 234
HB 1624-FN – FINAL VERSION
15Feb2006… 0351h
07Mar2006… 1210h
04/20/06 1775s
2006 SESSION
03/09
HOUSE BILL 1624-FN
AN ACT relative to boat noise.
SPONSORS: Rep. Whalley, Belk 5; Rep. Currier, Merr 5; Sen. Johnson, Dist 2; Sen. Gottesman, Dist 12; Sen. Boyce, Dist 4
This bill modifies the boat noise limits.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0351h
07Mar2006… 1210h
04/20/06 1775s
06-2823
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to boat noise.
Be it Enacted by the Senate and House of Representatives in General Court convened:
234:1 New Paragraph; Muffling Devices. Amend RSA 270:25 by inserting after paragraph III the following new paragraph:
IV. No person shall own, operate, sell, or offer for sale any boat which is capable of discharging exhaust above the water unless the boat is equipped with muffling devices.
234:2 Decibel Limits on Noise. Amend RSA 270:37 to read as follows:
270:37 Decibel Limits on Noise.
I. [No person may operate any boat powered by a marine engine manufactured before January 1, 1977, in or upon the waters of this state which is capable of being operated in a manner which exceeds a noise level of 86 decibels on the “A” scale measured at a distance of 50 feet from the boat.
II.] No person may operate, sell, or offer for sale any marine engine [for use in or upon the waters of this state] which is capable of being operated in a manner which exceeds the following noise levels measured [at a distance of 50 feet from the boat with which the engine is tested] under any testing procedure established pursuant to rules adopted under RSA 270:39:
(a) For a marine engine manufactured in or before [1977] 1990, a noise level of [86] 90 decibels [on the “A” scale] when subjected to stationary testing.
(b) [For a marine engine manufactured between January 1, 1978, and December 31, 1981, a noise level of 84 decibels on the “A” scale.
(c)] For a marine engine manufactured after December 31, [1981] 1990, a noise level of [82] 88 decibels [on the “A” scale] when subjected to stationary testing.
(c) For a marine engine manufactured in or before 1990, a noise level of 84 decibels on the “A” scale, measured at 50 feet.
(d) For a marine engine manufactured after December 31, 1990, a noise level of 82 decibels on the “A” scale, measured at 50 feet.
[III. Noise levels in decibels shall be measured according to procedures established pursuant to rules adopted under RSA 270:39.
IV.] II. The director or [his] the director’s agent may order the operator or owner of any boat which he [reasonably believes] or she has articulable suspicion to believe is capable of being operated in a manner which exceeds the decibel limits contained in this section to subject [his] the boat to one or more noise level testing procedures as provided in this subdivision or to inspection of the engine and mechanical systems for violations of this section or RSA 270:25.
[V.] III. A boat owner or operator shall submit a boat which is the subject of an order by the director or [his] the director’s agent pursuant to RSA 270:37, [IV] II to noise level testing by the director or [his] the director’s agent [within 7 days of such an order] immediately or at the time and location designated by the director or the director’s agent. No person shall operate the boat after [this 7-day period has expired] the time designated until it is subjected to such noise level testing or engine and mechanical system inspection.
[VI.] IV. The director or [his] the director’s agent may prohibit the operator or owner of any boat which fails a noise level testing procedure from operating the boat until the boat successfully passes the procedure. No person shall operate a boat contrary to such an order of the director.
[VII.] V. Pursuant to the penalties imposed under RSA 270:41-a, any person convicted of violating this section shall be fined not less than [$100] $250. No portion of any fine imposed under this section shall be suspended or reduced by the court.
234:3 Stationary Sound Level Testing Authorized. Amend RSA 270:37-a, I to read as follows:
I. The director or [his] the director’s agent may use stationary sound level testing to determine marine engine noise levels for boats. Such testing shall be conducted while boats are stationary on the water according to test SAE J2005.
234:4 Certification of Marine Engines; Reference Changed. Amend RSA 270:38 to read as follows:
270:38 Certification of Marine Engines. Any marine engine manufactured after December 31, 1976 and offered for sale in this state shall be certified to the director as having been tested and found not to exceed the noise levels prescribed in RSA 270:37, [II] I. An outboard motor shall be certified by the motor manufacturer. Any other marine engine shall be certified by the boat manufacturer if it is offered for sale in combination with a boat or by the engine manufacturer if it is not offered for sale in combination with a boat.
234:5 Effective Date. This act shall take effect upon its passage.
Approved: June 1, 2006
Effective: June 1, 2006