HB714 (2007) Detail

Relative to motorized watercraft rental agencies.


CHAPTER 101

HB 714-FN – FINAL VERSION

11Apr2007… 0219h

2007 SESSION

07-0777

03/01

HOUSE BILL 714-FN

AN ACT relative to motorized watercraft rental agencies.

SPONSORS: Rep. C. Christensen, Hills 19; Rep. D. Russell, Belk 6; Rep. Millham, Belk 5; Sen. Gottesman, Dist 12; Sen. Odell, Dist 8

COMMITTEE: Transportation

ANALYSIS

This bill requires motorized watercraft rental agencies to register with the department of safety. This bill also requires that rental agencies provide the renter with instructions on the operation of the watercraft.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Apr2007… 0219h

07-0777

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to motorized watercraft rental agencies.

Be it Enacted by the Senate and House of Representatives in General Court convened:

101:1 Boating Safety Checklist; Instructions. Amend RSA 270-D:2-c, I to read as follows:

I. No person shall rent a vessel for operation on any waters of this state, including tidal and coastal waters and all inland waters, unless the rental operator initials a rental safety checklist, prepared by the department of safety, which certifies the rental operator's knowledge of boating safety laws and which certifies that the rental operator possesses a safe boater education certificate or its equivalent. In addition, no person shall rent or lease any motorized watercraft to another person without providing the renter or lessee with written instructions on operating the watercraft in accordance with New Hampshire law, and reviewing with the renter or lessee such written instructions and the guidelines on New Hampshire navigation laws provided by the division.

101:2 New Subdivision; Regulation of Rental Agents. Amend RSA 270-E by inserting after section 23 the following new subdivision:

Regulation of Rental Agents

270-E:24 Rental Agent Registration; Fees.

I. Any person renting or leasing motorized watercraft shall register as a rental agent with the department. Applications for registration shall include the name of the applicant, including any additional names under which the applicant may be doing business, the address or addresses of the applicant and rental locations, the vessel registration numbers of all watercraft available for rent or lease, and the fees required by this section. Upon receiving the completed application for registration, the department shall issue the applicant a rental agent safety certificate.

II. The registration fee for rental agents shall be $25, which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

III. All rental agency safety certificates shall expire on December 31 of the year in which they are issued.

270-E:25 Prohibitions; Penalties.

I. No person shall:

(a) Rent or lease any motorized watercraft to any other person without having a rental agent safety certificate. This subparagraph shall not apply to the use of any motorized watercraft which is included in the rental or lease of real property.

(b) Rent or lease any motorized watercraft to any other person without complying with the requirements of RSA 270-D:2-c.

(c) Rent or lease any motorized watercraft that is unsafe to any other person.

II. Any person violating subparagraph I(a) shall be guilty of a violation for a first or second offense committed within the same calendar year and guilty of a misdemeanor for any subsequent offense committed within the same calendar year.

III. The commissioner may revoke the rental agent safety certificate upon finding that the certificate holder has violated subparagraph I(b) or I(c).

101:3 Effective Date. This act shall take effect January 1, 2008.

Approved: June 11, 2007

Effective: January 1, 2008