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Originally Posted by Airwaves
Okay, I'm officially confused!
If there is no NH regulation regarding a situation (any situation, pick one) within NH inland waterways not addressed by NH regulation, then COLREGS do NOT apply?
I understand NH is unique, and it has inland rules that baffle most boaters from other parts of the country. However the seacoast NH has to follow the same rules there as everyone else.
If there is no rule for a particular situation in the regulations of inland wateways in NH, then are you saying COLREGS don't apply to those inland waterways? Huh?
Please give me an example.
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Let's see
COLREGS by definition applies to the high seas and those waterways connecting to same (with exceptions to the Great Lakes area as an example). COLREGS regulate federally controlled waters, Lake Winnipesaukee is not a federally regulated waterway. The tidal areas of the seacoast by federal definition are federal waterways and applicable COLREGS, State & local regulations apply.
A State can choose to apply COLREG regulations to their inland waterways if their legislative body so desires. In New Hampshire the State's lawmakers have picked and chosen only particular portions of federal regulations while adding other regulations unique to New Hampshire.
Let's put it another way. Cite me one example where a NH boater, operating within the State's inland waterways, has committed a COLREGS violation not currently covered by NH RSA's and been prosecuted for same.
It can't happen. NH law enforcement officials enforce NH RSAs, not federal COLREG regulations. The Coast Guard only patrols inland waters (excluding the Coast) at the invitation of State authorities.
If you are boating on Lake Winnipesaukee you will only be held to regulations found in NH RSAs or the Safety Department's applicable Administrative Rules section.
Be glad to discuss this further anytime off-line!
Hope this helped,
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