Revision: Jan. 19, 2011, midnight
SB 27 – AS INTRODUCED
2011 SESSION
03/01
SENATE BILL 27
AN ACT relative to speed limitations for boats.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Boutin, Dist 16; Sen. Sanborn, Dist 7; Sen. Gallus, Dist 1; Rep. Hikel, Hills 7; Warden, Hills 7; Comtois, Belk 5; Baldasaro, Rock 3
This bill replaces the speed limit for Lake Winnipesaukee with a general limit for all vessels. This bill also modifies the penalties for certain boating violations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0623
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to speed limitations for boats.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 General Rules for Vessels Operating on Water. RSA 270-D:2, X is repealed and reenacted to read as follows:
X.(a) Every vessel shall at all times proceed at a safe speed that is reasonable and prudent under the existing conditions and with regard for the actual and potential hazards then existing so that she can take proper and effective action to avoid endangering or colliding with any person, vessel, object, or shore and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account:
(1) By all vessels:
(A) The state of visibility.
(B) The traffic density including concentrations of fishing vessels or any other vessels.
(C) The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions.
(D) At night, the presence of background light such as from shore lights or from back scatter from her own lights.
(E) The state of wind, sea, and current, and the proximity of navigational hazards.
(F) The draft in relation to the available depth of water.
(2) Additionally, by vessels with operational radar:
(A) The characteristics, efficiency, and limitations of the radar equipment.
(B) Any constraints imposed by the radar range scale in use.
(C) The effect on radar detection of the sea state, weather, and other sources of interference.
(D) The possibility that small vessels, ice, and other floating objects may not be detected by radar at an adequate range.
(E) The number, location, and movement of vessels detected by radar.
(F) The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.
(b) The speed limitations set forth in subparagraph (a) shall not apply to vessels when operated with due regard for safety under the direction of the peace officers in the chase or apprehension of violators of the law or of persons charged with, or suspected of, any such violation, nor to fire department or fire patrol vessels, nor to private emergency vessels when traveling to emergencies. This exemption shall not, however, protect the operator of any such vessel from the consequences of a reckless disregard of the safety of others.
2 Boating and Water Safety; Penalties. 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. A person convicted of violating RSA 270-D:2, X shall be fined not less than $250 for a first offense, $500 for a second offense, and $1,000 for a third offense.
3 Commercial Vessels; Suspension of Certificate. Amend RSA 270-E:22, II to read as follows:
II. The commissioner, after hearing, may revoke or suspend the certificate of any captain, master, pilot, or engineer of any commercial vessel for violation of RSA 270 or the rules and regulations prescribed thereunder or for a third violation of RSA 270-D:2 within a 5-year period.
4 Effective Date. This act shall take effect January 1, 2012.