Marine Patrol to Enforce Shoreline and Navigation Light Violations

[Marine Patrol]

Please see below a copy of today's press release from the Marine Patrol. We are asking property owners and boaters alike to voluntarily comply with the state law that makes it illegal to display lights that can be mistaken for the prescribed navigation lights of a boat.

In an effort to eliminate confusing/illegal displays of lights that can often affect the stand-on vs. give-way vessel as it pertains to crossing and overtaking situations, we are asking folks to look at how they are illuminating their shoreline property. In addition, accent lighting on vessels that can be mistaken for the prescribed navigation lights also create hazards using the same scenario.

As a result we are making an effort to educate the public of the issue and provide them with notice that Marine Patrol will be enforcing these laws. For reference they are:

RSA 270-D:7:a
Administrative Rule Saf-C 403.19

If you have any questions, or have identified an area of concern, please call MP Headquarters at 603-293-2037. Thank you,

Safe Boating!!

Tim Dunleavy
Lieutenant
NH Marine Patrol


STATE OF NEW HAMPSHIRE

Department of Safety

Division of Safety Services, Bureau of Marine Patrol



NEWS RELEASE



For Immediate Release, Wednesday, June 30, 2010

Contact: Lt. Timothy Dunleavy, 603-293-2037



N.H. MARINE PATROL STEPS UP ENFORCEMENT AGAINST ILLEGAL OUTDOOR LIGHTING



Gilford, N.H. - The N.H. Marine Patrol is increasing its enforcement actions against illegal lighting along the shores of the state’s lakes. RSA 270-D:7-a makes it illegal to display at any point from the shore visible from the water, any lights that resemble in color or configuration the required navigation lights of any vessel. It is also illegal for a boat to exhibit any other lights which might be mistaken for the prescribed navigation lights.



With the increased availability of energy efficient lights and the variety of colors available, more red, green, and white lights are being displayed along the waterfront. They are being displayed on various structures, including porches, flagpoles, boathouses and docks.



The problem is the confusion that is created by the colored lights that leads boaters to believe they are seeing another boat on the water. Unlike motor vehicles, lights on boats are used for navigation purposes, not for seeing where you are traveling. Red, green, and white lights help boaters determine who has right of way, whether a boat is underway or at anchor, and whether a boat is a sailboat, rowboat, or powerboat.



In addition to the complaints being filed by the public, Marine Patrol officers have also reported certain light displays that are dangerous to navigation. A spotlight shining at the end of a dock toward the water quickly takes away the night vision of an operator that is critical to night navigation. Spotlights can also “drown out” the less bright navigation lights of another boat, making it difficult for boaters to see each other.



The Marine Patrol would also remind boaters that any light being exhibited in addition to the prescribed navigation lights for their vessel is also illegal. After-market accent light fixtures have become very popular the last several years with the emergence of LED (light-emitting diode) lighting. Boat operators must extinguish these types of lights before getting underway on the water.



Marine Patrol will be addressing these issues through education and enforcement. Voluntary compliance is appreciated. Please contact Marine Patrol Headquarters in Gilford at 603-293-2037 with any questions.

[Skip]

Thank you for the heads up.

But more importantly, thanks for coming aboard and posting!

I, like many others here, appreciate the fantastic job your Department does with the limited funding provided.

Hopefully you will be able to post and keep us up to date on important Marine Patrol messages in the future.

Skip

[LIforrelaxin]

Lt Dunleavy,

Thank you for the notification, and I hope that you and the department will continue to use this forum to help get the word out about issue such as this in the future.

The Marine Patrol does a wonderful job....

[bilproject]

Last August a very nice young MP officer stopped by to tell us that the red and green lights on the end of our boat house were illegal and gave us a copy of the RSA (as far as we can tell they have been there for 30 years or more). We turned them off and changed to yellow as we use them to find the house when we arrive in the early morning hours and I think a lot of people use them to slow for the no wake zone at the North end of Bear (we are about 500ft before the southern beginning. They are on each night from ice out till Nov 1. He said they could be mistaken for a boat and someone could move right or left and hit the island. I said that would be great as he would miss me right or left. The idiot that was navigating solely by what he thought was another boat's light will hit the island anyway.

[Slickcraft]

Thanks for the note Tim.

We have a white light on a post at the end of our island breakwater that we never use (father in law installed it 30 years ago). He used it to find the dock on those dark and stormy nights prior to GPS. I was looking at it the other day thinking of removal.

But a question anyway. As such a white light could be confused with a stern or anchor light, does it fall into the illegal class? Or are only red and green lights at the shore illegal?

[hazelnut]

Thanks Tim,

What a great way to get the word out. This has me thinking about any and all lights on my property and I will be walking around checking things out this weekend to make sure we comply.

Thanks again for the heads up and as usual great job!

CH

[Kamper]

... We have a white light on a post ... As such a white light could be confused with a stern or anchor light, does it fall into the illegal class? ...

I'd change it to one of those yellow bug-light bulbs. So far as I know, a constant yellow light has no navigation meaning.

Good luck!

[SAUGUS BOATER]

Wow,

it's great to have a post directly from Marine Patrol. I noticed it's their first post, and hopefully they will continue to interact directly with boaters on this forum. It seems like the best way to get official information directly to the boaters, and it also seems like a great way to have boating legal questions answered directly by the people who enforce them. (although we do already get some awesome advice on the law from Skip !)

[BroadHopper]

In the last decade, 'light pollution' from the property owners have been a problem. Not only the green and red navigation lights cause confusion, it is hard to find the flashing light navaid. I use this extensively when navigating on a moonless night. It would be nice that folks shut off unnecessary lights along the shoreline and or use low wattage or yellow bulbs.

A good way to light decks and stairs are those rope lights. It does not 'pollute' as much as spot lights and yard lights.

[Misty Blue]

Thanks for the post Lt. Tim!

As you may see from the above posts on the forum the members who do not all get to read the local papers can be a valuable tool in "getting the word out" from NHMP when the members are informed.

I would like to compliment your staff on the awsome job that you do maintaining the Aids to Navigation.

Misty Blue.

[VtSteve]

I "used to" be able to navigate from the Meredith Neck, around Stonedam, through to Eagle and the Weirs even on the darkest of nights (except fog). The only trouble used to be the lights at the Weirs, which would interfere with the ability to see other boats on the water. Instead, I'd head down towards Meredith and turn back towards the Weirs.

Some of the boathouses on Governor's Island ha=d neat lights, which I'd also use as landmarks. Wouldn't you know, one weekend his lights were out :laugh:

[no-engine]

Totally agree with removal of confusing lights.

[Acres per Second]

"...A good way to light decks and stairs are those rope lights. It does not 'pollute' as much as spot lights and yard lights..."
Great idea! :idea:

At a yard sale, I bought a string of rope lights for one dollar. They are red, white and blue. 'Guess I can finally place them prominently downstairs this weekend! :patriot:

[Winnipesaukee]

I'd change it to one of those yellow bug-light bulbs. So far as I know, a constant yellow light has no navigation meaning.

Good luck!

Close, but solid yellows are used, too.

I already typed this once but for some reason it wouldn't post and I lost it (censorship? :laugh: ).

270-D:7-a Shore Lights. – No person shall display, at any point on the shore visible from the water, any lights that resemble in color or configuration the required navigation lights of any vessel.
Source. 2006, 283:1, eff. Jan. 1, 2007.

"Any vessel". Hmm, what about vessel engaged in towing? I'm sure you won't really see it on Winnipesaukee, but white, red, green, amber, and yellow lights are all used as "navigation lights" on vessels.

So this overbroad law makes all those lights illegal. Examples: any lighthouse, ironically; any light that isn't pink or purple (?) that is on land but visible from the water; Weirs Beach pier; Glendale/NHMP docks.

I am not a waterfront landowner, MP says that they will be enforcing this law? Exactly how so? Does an MPO who believes he sees a light in violation (and he is given a LOT of discretion with this law) think he can tie up to a landowner's dock, walk on his property, knock on the door of the house, and issue a citation? This seems to me to be well out of the jurisdiction of the NHMP. Sounds to me like an unfunded mandate. What if a landowner relies on a set of lights on land to safely navigate back to his docks? Maybe as compensation for shutting them off, the landowner would be given a chartplotter? :)

I've done a lot of boating at night (maybe...400 hours?), and I have never mistaken lights on land for lights on water or vice versa. Never any close calls, either. The key is knowing the waters one is operating in, slowing down if one sees anything abnormal or questionable, proper use of a compass vs. chart vs. sharp eyes that have had time to adjust to the dark, and doing all of this sober (last but definitely not least...). It really is not that hard.


The Marine Patrol would also remind boaters that any light being exhibited in addition to the prescribed navigation lights for their vessel is also illegal.

Are you saying that the use of a spotlight is illegal and will be enforced as such? I have to strongly disagree. While a spotlight can be abused and blind an operator--like what a MPO did to me last summer when he pulled me over, then expected me to safely operate immediately after, I digress--it is an invaluable tool to have at night while navigating.

I think instead of giving waterfront owners these ridiculous mandates, we should be asking boaters to know where they're going. Why is everybody so happy to hear this news? "baaaaaaaaaahhhhhh"
:)

[Pricestavern]

Are you saying that the use of a spotlight is illegal and will be enforced as such? I have to strongly disagree. While a spotlight can be abused and blind an operator--like what a MPO did to me last summer when he pulled me over, then expected me to safely operate immediately after, I digress--it is an invaluable tool to have at night while navigating.

The law is not referencing spotlights. It says that it is illegal to have lights that may be confused as navigation lights exhibited. Using a spotlight intermittently as an aid in navigation is not the same.

[Skip]

... Does an MPO who believes he sees a light in violation (and he is given a LOT of discretion with this law) think he can tie up to a landowner's dock, walk on his property, knock on the door of the house, and issue a citation? This seems to me to be well out of the jurisdiction of the NHMP...

RSA 270:12-a. I, (a) gives the Director of the Division of Safety Services or his duly authorized representatives (NHMP Officers) that exact power.

However I think that in actuality most folks would be warned that the particular lighting was in violation and given an opportunity to fix the problem and a citation would probably only be issued in a case of refusal to comply or gross negligence.

One thing to remember is the civil liability inherent in this issue. There is a statute that prohibits this type of lighting. But if someone gets in an accident and claims that they were confused or misled by a lighting display, the property owner could easily find themselves liable in civil court.

With that in mind I would think that a property owner would welcome a visit and warning by a NHMP Officer if they have lighting that could cause issues.

And as the LT stated in his post, a call to the good folks at NHMP can clear up any confusion or answer specific questions in reference to this particular issue! :)

[jrc]

I think this law is much todo about nothing. How many people have lights on shore have red/green lights pretending to be boats, and then how many people really can't tell these red/green lights are on shore and not on a boat? Finally how many people who do make this mistake, cause an accident?

This is a very small number times a very small number times a very small number.

But it's obviously a law and within the MP jurusdiction. If they start issuing citations for every white light on shore, saying that someone might mistake it for an anchor light, they are not going to have much time for anything else.

[Winnipesaukee]

With that in mind I would think that a property owner would welcome a visit and warning by a NHMP Officer if they have lighting that could cause issues.

Again, I am not a waterfront property owner, but I sure wouldn't. Since the "violation" would occur at night, possibly when I am sleeping, I would NOT want anybody on my property and especially approaching my house. A phone call or letter would be much more appropriate.

[Winnipesaukee]

I was out on the water last night, and became quite confused. I noticed several "boats" displaying one white light and one red light, that seemed to be traveling backward!

http://www.instructables.com/image/FPTYVCBG23UMH4J/CFL-Headlight-and-Taillight-for-Electric-Bicycle.jpg

[jack1706]

Good one, Winnipesaukee !!!

hahha.................. I saw those same boats .........

[Acres per Second]

If they start issuing citations for every white light on shore, saying that someone might mistake it for an anchor light, they are not going to have much time for anything else.
Do what I do: extinguish every outdoor light. :cool:

I was out on the water last night, and became quite confused. I noticed several "boats" displaying one white light and one red light, that seemed to be traveling backward!
Backwards would have a green light displayed. ;)

[Rattlesnake Guy]

Does this help?

[Sunrise Point]

I read this thread earlier and was satisfied in my mind that we were not in violation of this rule. We don't light up our dock or have any landscaping lights installed.

Not so! Last week some friends picked me up for a sunset boatride and we ended up anchored about 1/2 mile directly south of our camp. I was amazed to see that a little novelty solar-powered LED dragonfly decoration in one of my flowerpots was visible from that distance. I sat there and watched it as it changed colors (including red and green). At that distance, all you saw was the light and the color, there was no way to tell if it was onshore or off.

Needless to say, as soon as I was dropped off, that dragonfly was moved to the back of the camp.

[GTO]

RSA 270:12-a. I, (a) gives the Director of the Division of Safety Services or his duly authorized representatives (NHMP Officers) that exact power.

However I think that in actuality most folks would be warned that the particular lighting was in violation and given an opportunity to fix the problem and a citation would probably only be issued in a case of refusal to comply or gross negligence.

One thing to remember is the civil liability inherent in this issue. There is a statute that prohibits this type of lighting. But if someone gets in an accident and claims that they were confused or misled by a lighting display, the property owner could easily find themselves liable in civil court.

With that in mind I would think that a property owner would welcome a visit and warning by a NHMP Officer if they have lighting that could cause issues.

And as the LT stated in his post, a call to the good folks at NHMP can clear up any confusion or answer specific questions in reference to this particular issue! :)


Marine patrol stopped by our dock last week (after dusk) to inform us of the lights on our dock and give us literature on the law. I informed them (because I read it here first) that we had ordered new domes to replace the green/red and they would be in place in a week or two. They were both very professional and friendly and then they went to the next dock to inform them.

[Skip]

Marine patrol stopped by our dock last week (after dusk) to inform us of the lights on our dock and give us literature on the law. I informed them (because I read it here first) that we had ordered new domes to replace the green/red and they would be in place in a week or two. They were both very professional and friendly and then they went to the next dock to inform them.

Thanks for that first hand update.

Its no surprise to me that you found them professional and friendly. In reality they are trying to do everything humanly possible to get people aware of the issue and comply voluntarily, including their willingness to post here.

Great to hear your story! :)

[DEJ]

Marine patrol stopped by our dock last week (after dusk) to inform us of the lights on our dock and give us literature on the law. I informed them (because I read it here first) that we had ordered new domes to replace the green/red and they would be in place in a week or two. They were both very professional and friendly and then they went to the next dock to inform them.

Just curious GTO since you know there is an issue with your lights why are you still using them while waiting for your new domes? Now that you stated here in a public forum that you know there is an issue with them could you be held liable if there was an accident? Glad the MP's were nice about it, that has been my experience in the couple of dealings with them over the years.

Skip, comments about liability?

[MAXUM]

Are there any requirements to have either lighting or reflectors on your dock?

I would think reflectors might be a good practice.

[Skip]

Just curious GTO since you know there is an issue with your lights why are you still using them while waiting for your new domes? Now that you stated here in a public forum that you know there is an issue with them could you be held liable if there was an accident? Glad the MP's were nice about it, that has been my experience in the couple of dealings with them over the years.

Skip, comments about liability?

There's that old saying that goes something like this; "you can be sued by anybody, at any time, for any thing!".

As always intent and "state of mind" are important factors in determining culpability and responsibility.

Two things come to mind:

I have never heard or read of a verifiable accident that has occured on Winni due to the fact that a boater was intentionally or accidentally led astray by shore lights. But I do believe the potential does exist and that is why the NHMP is taking a proactive approach to minimize or eliminate the possibility.

But with that said, if a government official has spoken to me on the record about a potential problem, I will assume that there is a record of that conversation. Hence, I myself would douse the lights until the replacement parts arrived.

[GTO]

Just curious GTO since you know there is an issue with your lights why are you still using them while waiting for your new domes? Now that you stated here in a public forum that you know there is an issue with them could you be held liable if there was an accident? Glad the MP's were nice about it, that has been my experience in the couple of dealings with them over the years.

Skip, comments about liability?



Never said I was still using them.

[Gatto Nero]

Marine patrol stopped by our dock last week (after dusk) to inform us of the lights on our dock and give us literature on the law. I informed them (because I read it here first) that we had ordered new domes to replace the green/red and they would be in place in a week or two. They were both very professional and friendly and then they went to the next dock to inform them.

I'm curious, GTO. Did he mention anything about the dock light that illuminates the NW quadrant of the lake?

[DEJ]

Never said I was still using them.

Good response and a good way to CYA. :)

[LocalRealtor]

Never said I was still using them.

I think the point he was trying to make is that he was surprised you were still using them until MP stopped by even though you were aware they were in violation of the law.

:rolleye2:

[GTO]

I think the point he was trying to make is that he was surprised you were still using them until MP stopped by even though you were aware they were in violation of the law.

:rolleye2:

Nowhere did I write I was using them before they came or after they arrived. I said MP came at dusk. Never said the lights were on at any time.

[GTO]

I'm curious, GTO. Did he mention anything about the dock light that illuminates the NW quadrant of the lake?

Give me a break on that one Gatto, I need a beacon to guide me back to the docks after the fireworks.....plus I slipped them both a 20 and they turned the other way

[KTO]

I'm curious, GTO. Did he mention anything about the dock light that illuminates the NW quadrant of the lake?

He probably thought it was the sun setting...

[LocalRealtor]

Nowhere did I write I was using them before they came or after they arrived. I said MP came at dusk. Never said the lights were on at any time.

Not picking on you....really.....but how would they know you had them if they weren't illuminated and it was dusk?

I wouldn't think it illegal to possess such lights....but illuminating them....well....

Anyway, ......I'll move on....thanks for playing.

[GTO]

Not picking on you....really.....but how would they know you had them if they weren't illuminated and it was dusk?

I wouldn't think it illegal to possess such lights....but illuminating them....well....

Anyway, ......I'll move on....thanks for playing.


They probably noticed the red and green domes (easily visable) during the day and then didn't make their rounds to educate everyone until dusk...that would be my best guess

[Gatto Nero]

They probably noticed the red and green domes (easily visable) during the day and then didn't make their rounds to educate everyone until dusk...that would be my best guess

Yeah, they saw the domes during the day! Yeah, that's the ticket

[GTO]

Yeah, they saw the domes during the day! Yeah, that's the ticket

As DEJ mentioned....CYA. Anyways, I thought after seeing that crane in front of your place for a couple of weeks, that you were building that rock seawall high enough to block the lights from around the lake

[Excalibur]

I am sure during the week they checked out the lake front properties of a particular area and then they needed to address the owners when they where available. A in person visit is much more costly then a form letter, but it does add a personnel touch.

On another note, A marine patrol vessel was pulling in and out of properties in the forty islands and I asked them what they where doing. The marine patrol was identifying ways to enter the property if there was a emergency. This way they would be able to avoid some of the underwater obstacles in front of some homes.

I thought that was very commendable

[LocalRealtor]

Yeah, they saw the domes during the day! Yeah, that's the ticket

Good answer, Good answer .....Richard Dawson.

[Skip]

Coming through the Alton Bay area last night on Route 11 I noticed that several prominent boathouses that used to display red and green lights (similar to navigation lights) had changed bulbs. They were now amber in color.

This was a change since my last trip through there about a month ago.

Apparently the NHMP is indeed getting the word out this summer....:)

[RTTOOL]

coming through the alton bay area last night on route 11 i noticed that several prominent boathouses that used to display red and green lights (similar to navigation lights) had changed bulbs. They were now amber in color.

This was a change since my last trip through there about a month ago.

Apparently the nhmp is indeed getting the word out this summer....:)

apparently nhmp has one rule for people to change their lights.
The law is no similar to boat lights. What about bridges with the
lights there is on exception to the rule i see...

[John A. Birdsall]

We had a neighbor that had a new boat many years ago, If I recall it was a Grady White. Nice boat. However the green light and red light were reversed and after several comings and goings, We told him one night. He went home turned on his boat lights and was out with a screwdriver to fix the problem. so has anyone else mixed up there lights when replacing a bulb or something?

[Kamper]

... What about bridges with the
lights there is on exception to the rule i see...

Under Federal rules, bridges are lighted same as a channel (red right returnning from the sea), and piers same as a vessel.

As far as I can tell State rules don't require anything. Those lights under bridges are advisory and I have only seen them on Winni. They may be on other places but I haven't seen them on the rivers I have been on. From the posts here it looks like NHMP is discouraging anything too complex on docks.