HB 290 – AS INTRODUCED
2007 SESSION
03/01
HOUSE BILL 290
AN ACT relative to safe operation of vessels on New Hampshire waters.
SPONSORS: Rep. Ahlgren, Carr 4
This bill establishes a general standard for vessel operation speed. This bill also makes certain vessel operation violations a part of the convicted person’s driving record.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0651
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to safe operation of vessels on New Hampshire waters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Careless Negligent Operation of Boats; Driving Record. Amend RSA 270:29-a to read as follows:
270:29-a Careless [and] or Negligent Operation of Boats. Any person who shall operate a power boat upon any waters of the state in a careless [and] or negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
2 New Paragraph; General Rules for Vessels Operating on Water; Speed. Amend RSA 270-D:2 by inserting after paragraph IX the following new paragraph:
X. No person shall operate a vessel at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
3 Boating and Water Safety; Penalties; Driving Record. Amend RSA 270-D:9 to read as follows:
270-D:9 Penalties. Any person who violates any provisions of this chapter or any rule adopted under RSA 270-D:8 shall be guilty of a violation. Any conviction under RSA 270-D:2 shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
4 General Rules for Vessels Operating on Water; Speed. RSA 270-D:2, VI is repealed and reenacted to read as follows:
VI.(a)(1) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(A) Rafts, floats, swimmers.
(B) Permitted swimming areas.
(C) Shore.
(D) Docks.
(E) Mooring fields.
(F) Other vessels.
(2) No person shall operate any vessel at a rate of speed exceeding 45 miles per hour during daylight hours and 30 miles per hour during night hours when between 150 feet and 1000 from:
(A) Rafts, floats, swimmers.
(B) Permitted swimming areas.
(C) Shore.
(D) Docks.
(E) Mooring fields.
(F) Other vessels.
(3) No person shall operate any vessel at a rate of speed exceeding 65 miles per hour during daylight hours and 45 miles per hour during night hours when more than 1000 feet from:
(A) Rafts, floats, swimmers.
(B) Permitted swimming areas.
(C) Shore.
(D) Docks.
(E) Mooring fields.
(F) Other vessels.
(4) As used in subparagraphs (2) and (3), “daylight hours” means the hours between ½ hour before sunrise and ½ hour after sunset and “night hours” means the hours between ½ hour after sunset and ½ hour before sunrise.
(b) These requirements shall not apply when:
(1) Starting skiers from shore, docks, or floats, as long as neither the boat nor the skier is endangering the life or safety of any person.
(2) A vessel is in the federal deepwater shipping channel of the Piscataqua River between navigation buoys R2, Wood Island at the mouth of the river and R12, opposite the Sprague Terminal.
(3) Boat racing is permitted under RSA 270:27.
(c) The operator of a towing boat shall be responsible for compliance with this paragraph.
(d) The requirements of RSA 270-D:2, VI(a)(1)(C) shall not apply to a vessel in the waters of the Androscoggin River from the Errol Dam to Umbagog Lake or in the waters of the Magalloway River within the state of New Hampshire.
5 Effective Date. This act shall take effect January 1, 2008.