[OCDACTIVE]

Safe Boater group gets Manchester senator to sponsor bill that would repeal big lake speed limit
By Michael Kitch
Nov 24, 2010 12:00 am
CONCORD — After roiling the Legislature for the past six years, the controversy over speed limits on Lake Winnipesaukee will resume when lawmakers return to the Statehouse in January.

On behalf of Safe Boaters of New Hampshire, an organization formed in opposition to speed limits, Senator Lou D'Allesandro (D-Manchester) has filed legislation that would replace the fixed speed limits of 45 mph. in daylight and 30 mph. after dark with what is "reasonable and prudent under the existing conditions." This same standard has figured in past debates about boat speeds, only to be rejected as too vague.

D'Allesandro, the deputy leader of the Democratic minority in the Senate, counts seven co-sponsors of his bill — two senators and five representatives —all Republicans. In addition, four other Republican representatives, including Dave Russell of Gilmanton, have expressed support for bill.

Scott Verdonck of Goffstown whose family owns property in Moultonborough is president of Safe Boaters of New Hampshire. He characterized the legislation as "a modification," not a repeal, of the current law.

In 2008, after four years of debate, the Legislature set limits of 45 mph. and 25 mph. beginning on January 1, 2009, but, stipulated that without further legislative action they would repeal as of January 1, 2011. Last year the Legislature repealed the repeal while raising the nighttime speed limit by 5 mph.

As drafted the new bill would require vessels to proceed at "a safe speed that is reasonable and prudent under the existing conditions and with regard to 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." The conditions include visibility, traffic and weather as well as the characteristics of the vessel, especially its stopping distance, turning radius and draft.

In contrast to the speed limits, which apply only to Lake Winnipesaukee, the "reasonable and prudent" standard would apply to all inland water bodies and waterways throughout the state.

Verdonck said that the language mirrors rule six of the Navigational Rules prescribed by the United States Coast Guard, which he stressed would bring New Hampshire into conformity with most other states. Pointing to the 21 tickets written during the two years the speed limits have been enforced, Verdonck insists that "speeding is not an issue on the lake" and the law is unnecessary.

Sandy Helve of Nashua who summers on Bear Island in Meredith heads the Winnipesaukee Family Alliance for Boating Safety (WinnFABS), the group that spearheaded the effort to introduce speed limits. "The law works and works well," she said. "I am disappointed that legislators would want to change a law that's working." She stressed that speed is "a critical safety issue" and the limits have enabled people to pursue diverse activities on the lake, from swimming to kayaking, assured of their safety. While acknowledging the role of WinnFABS, Helve said that repeated surveys have shown that "many, many people from all part of the state support the speed limits."

"We've been fighting this issue for the past six years," Helve said. "We can't afford to sit back now."
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