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Old 05-31-2013, 03:27 PM   #21
LIforrelaxin
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Quote:
Originally Posted by webmaster View Post
It's not really a loophole. It is specifically allowed in RSA 270-D:2:
While I agree that it is specifically stated, it was left purposely as a loop hole. And as the legislation was poorly written, it created a huge grey area in the law.

It completely nulls what is previously stated. And in theory what is previously stated constitutes not "endangering the life and safety of any person"

In short if a person is with in 150' feet of the tow boat and skier, their life is unnecessarily endangered by proximity given the previously stated rules. Whether the person feels they where endangered or not, and weather the skier and boat operator feels they where endangering the person or not, are all irrelevant . The law is dictating what is safe or not...

In short you are in violation of the law, even if no one involved in the situation feels they where endangered at all....

This is a prime example of a loophole / grey area in a law. It makes it hard to enforce because of the many arguments that it allows. It is an example of legislation that needs to be rewritten. Such that it will allow the activity, but at the same time leave the interpretation up to the people involved.

Hence why the blanket statement and belief of most people, and indeed the way the law is most often enforced, is that you have to be 150' away from anything and anyone, to be above headway speed, regardless of skiing or not...

A last note this law is also out of date because it uses the term skier, which through personal interpretation, may not cover a person on a wake board, kneeboard, tube or other tow-able toy...

The bottom line from the Marine Patrol when I talked with them, was that they would most likely stop and engage in conversation the inherit safety concerns with this type of Practice. But that even if they felt someone was doing it in an unsafe manor, they would be hard pressed to fine them, because the law itself allows for to much interpretation.
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