Baja is correct, the bill will not be in effect until January 1, 2009 and sunsets (expires) January 1, 2011. It will not be in effect for this upcoming boating season.
Also of interest is that the limits imposed are of
prima facie limits, not
absolute limits. That is a very signigfcant legal difference.
In a nut shell, that means that if you are going in excess of 25/45 mph you are not by default in violation of the RSA, as some have led everyone to believe. The State must show that even given the 25/45 limit, the speed that you were observed at was not reasonable given the conditions at the time observed. If the limits imposed had used the
absolute standard, as are terrestial speed limits are in the State of Maine, all the State would need to show for a conviction is any speed over the posted limit.
Bottom line? There is an extreme mount of leeway in the RSA as passed by the House & Senate, as some folks will quickly figure out next boating season.
As always if you would like further information on the difference between
prima-facie and
absolute limitsor want to discuss other aspects of this particular legislation, please feel free to PM me anytime.
Skip
