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Old 01-12-2006, 02:06 PM   #62
winnilaker
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Quote:
Originally Posted by SIKSUKR
It seems to me you just quoted the main reason for the people that don't support 162.The law is already on the books.
I think the confusion is that snipet Bear Lover showed is a portion of the Majority amendment, which poses that restriction as well as the speed limits of 45 day/25 night. There is no reasonable and prudent on the books now.

Full amendment:

Amendment to HB 162
Proposed by the Majority of the Committee on Resources, Recreation and Development - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to general rules for vessels operating on water.
Amend the bill by replacing all after the enacting clause with the following:

*1 New Paragraphs; General Rules for Vessels Operating on Water. Amend RSA 270-D:2 by inserting after paragraph IX the following new paragraphs:
X.(a) No person shall operate a vessel at a speed greater than is reasonable and prudent under the existing conditions and without regard for the actual and potential hazards then existing. In all cases, speed shall be controlled so that the operator will be able to avoid endangering or colliding with any person, vessel, object, or shore.
(b) Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 25 miles per hour during the period from 1/2 hour after sunset to 1/2 hour before sunrise; and
(2) 45 miles per hour at any other time.
(c) The speed limitations set forth in subparagraph (b) 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.
(d) The speed limitations set forth in subparagraph (b) shall not apply to boat racing permitted under RSA 270:27.

XI. 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 Effective Date. This act shall take effect January 1, 2007.
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