View Single Post
Old 06-05-2008, 08:05 PM   #34
Skip
Senior Member
 
Skip's Avatar
 
Join Date: Apr 2004
Location: Dover, NH
Posts: 1,615
Thanks: 256
Thanked 514 Times in 182 Posts
Post Revocation of NH Boating Certificate

Quote:
Originally Posted by Airwaves View Post
A certificate is not a license. A license can be revoked I don't believe a certificate, safe boating or otherwise, can be revoked. A certificate is for LIFE 'on the farm'
Just like a motor vehicle license, the NH issued boating certificate can be revoked by the Department of Safety or the appropriate Court after a just cause hearing complying with RSA 541-A is conducted.

The authority to revoke is given in RSA 270-D:13 (II).

There are specific boat operating suspension mandates for individuals convicted of Driving While Intoxicated or Boating While Intoxicated (alcohol or drugs) if the offense occurs in this State, applicable to this State. Other States may or may not honor these suspensions within their respective State dependent upon their specific reciprocity laws.

Remember, while thier are specific interstate reporting systems in place with reciprocity agreements between many States regarding motor vehicle offenses, no such system exists for boating safety certificates. In the case of the out-of-state offense addressed here, if the woman alleged to have committed the offense on Lake George is convicted in that State there is no mechanism for New York to notify or enforce reciprocity with NH. NH authorities would need to somehow become aware of the conviction and then attempt to revoke the certificate via the hearing process described above.

In short, while a NASBLA issued certificate is now a requirement in NH to operate particular types of watercraft, there are substantial loopholes remaining in the present regulations that ensure folks that should not be at the helm of a boat will not be easily detected or removed from operation.
Skip is offline