Define a Boat?

Superfly · 12-11-2006, 11:54 AM

I was viewing the boating laws on line and saw the definition of a boat in a couple of places.

I was curious how the law defines a boat?

I'm not talking about the obvious. By law, if someone is free floating on an inflateable raft or a tube, (not attached to a boat by a line) does this meet the definition of a boat? It almost sounds like anything that can float and can hold a person can be a boat.

The key phase from the RSA defintion below, which can be loosely interpreted, "capable of being used as a means of transportation on the water"'

Is a person on a free floating tube required to have a lifejacket because it meets the defintion? What if that person is sipping an adult beverage, or has consummed many adult beverages, are they subject to BWI laws and penalties?

There are many knowledgable participants out there. I hope this thread stimulates honest discussion and an answer to the question,
"What defines a boat".

CHAPTER 270-D
BOATING AND WATER SAFETY ON NEW HAMPSHIRE PUBLIC WATERS
Section 270-D:1
270-D:1 Definitions. – In this chapter:
I. ""Boat'' means every description of watercraft other than seaplanes, capable of being used or used as a means of transportation on the water and which is primarily used for noncommercial purposes, or leased, rented, loaned or chartered to another for such use.

270:48 Definitions. –
II. ""Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.

NightWing · 12-11-2006, 02:14 PM

You really answered your own question by quoting the law.

If your tube is 50 feet off shore, it is a toy. If it is 300 feet out, it is a boat, since it was used as "transportation on the water" to get out there. (The distances are just examples)

An intoxicated tuber is a danger to himself and could be subject to protective custody, or even arrest for BWI. It would be a unique situation and the outcome would probably be decided by the courts.

It is likely that an officer would focus on preventing a drowning before anything else.

Kamper · 12-11-2006, 02:55 PM

"A boat is a hole in the water into which you throw money."'

If you are looking at the difference between "boat" and "ship" that's where it get's a little vague. All the defintions I have heard seem to have exceptions. Since a license is needed for vessels starting at 65' I believe that's the rule of thumb these days.

SBC · 12-11-2006, 03:45 PM

My Dad, a Navy man in the Pacific during WWII (the big one), told me the difference between a boat and a ship. He said you can put a boat on a ship but not vice versa.http://www.winnipesaukee.com/forums/...ilies/wink.gif

jrc · 12-11-2006, 10:20 PM

I think nightwing hit it on the head. More than one person has told me that you can float on toys within the swim lines without a worry about PFDs. Once beyond the lines the toy becomes a boat and PFDs are required. This was addressing people using inflatable rafts and kayaks as dinghys in our mooring field.

John A. Birdsall · 12-12-2006, 03:28 PM

It may be a play of words, but Kemper, I do not think the 65' would apply in NH or in most states today as the requirement of licensing to operate a boat is almost any motor boat. And I have been told all my life, whether it is right or wrong is the same as you heard herein. A boat can be placed on a ship, but a ship cannot be placed on a boat. Now you can get into trouble because they now have ships that you can put ships onto, such as the USS Cole. but a submarine is a boat. Put one of them on the Mount. That is another tale, The Mounts when it changed its length changes its title from I think a vessel to a ship. I will probably be corrected somehow on that.

Kamper · 12-12-2006, 03:42 PM

John A. Birdsall

I believe you are confusing "Safety Certificate" with "license." I'm not going to quibble about the 65' standard though. There are so many exceptions to maritime rules I wouldnt bet against someone finding one. Fer instance it could actually be 20 meters which is almost but not quite the same thing.

12-11-2006, 11:54 AM	#1
Superfly Junior Member Join Date: Dec 2006 Posts: 11 Thanks: 1 Thanked 1 Time in 1 Post	Define a Boat? I was viewing the boating laws on line and saw the definition of a boat in a couple of places. I was curious how the law defines a boat? I'm not talking about the obvious. By law, if someone is free floating on an inflateable raft or a tube, (not attached to a boat by a line) does this meet the definition of a boat? It almost sounds like anything that can float and can hold a person can be a boat. The key phase from the RSA defintion below, which can be loosely interpreted, "capable of being used as a means of transportation on the water"' Is a person on a free floating tube required to have a lifejacket because it meets the defintion? What if that person is sipping an adult beverage, or has consummed many adult beverages, are they subject to BWI laws and penalties? There are many knowledgable participants out there. I hope this thread stimulates honest discussion and an answer to the question, "What defines a boat". CHAPTER 270-D BOATING AND WATER SAFETY ON NEW HAMPSHIRE PUBLIC WATERS Section 270-D:1 270-D:1 Definitions. – In this chapter: I. ""Boat'' means every description of watercraft other than seaplanes, capable of being used or used as a means of transportation on the water and which is primarily used for noncommercial purposes, or leased, rented, loaned or chartered to another for such use. 270:48 Definitions. – II. ""Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.

12-11-2006, 03:45 PM	#4
SBC Senior Member Join Date: Jul 2005 Location: NH fresh waters and forests Posts: 72 Thanks: 12 Thanked 2 Times in 2 Posts	Ship vs Boat My Dad, a Navy man in the Pacific during WWII (the big one), told me the difference between a boat and a ship. He said you can put a boat on a ship but not vice versa.http://www.winnipesaukee.com/forums/...ilies/wink.gif

12-12-2006, 03:28 PM	#6
John A. Birdsall Senior Member Join Date: Apr 2004 Location: Norwich, CT Posts: 599 Thanks: 27 Thanked 51 Times in 35 Posts	license It may be a play of words, but Kemper, I do not think the 65' would apply in NH or in most states today as the requirement of licensing to operate a boat is almost any motor boat. And I have been told all my life, whether it is right or wrong is the same as you heard herein. A boat can be placed on a ship, but a ship cannot be placed on a boat. Now you can get into trouble because they now have ships that you can put ships onto, such as the USS Cole. but a submarine is a boat. Put one of them on the Mount. That is another tale, The Mounts when it changed its length changes its title from I think a vessel to a ship. I will probably be corrected somehow on that.

12-11-2006, 02:14 PM	#2
NightWing Senior Member Join Date: Aug 2004 Posts: 410 Thanks: 4 Thanked 6 Times in 6 Posts	You really answered your own question by quoting the law. If your tube is 50 feet off shore, it is a toy. If it is 300 feet out, it is a boat, since it was used as "transportation on the water" to get out there. (The distances are just examples) An intoxicated tuber is a danger to himself and could be subject to protective custody, or even arrest for BWI. It would be a unique situation and the outcome would probably be decided by the courts. It is likely that an officer would focus on preventing a drowning before anything else.

12-11-2006, 02:55 PM	#3
Kamper Senior Member Join Date: Jul 2005 Location: Thornton's Ferry Posts: 1,296 Thanks: 67 Thanked 166 Times in 126 Posts	"A boat is a hole in the water into which you throw money."' If you are looking at the difference between "boat" and "ship" that's where it get's a little vague. All the defintions I have heard seem to have exceptions. Since a license is needed for vessels starting at 65' I believe that's the rule of thumb these days.

12-11-2006, 10:20 PM	#5
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	I think nightwing hit it on the head. More than one person has told me that you can float on toys within the swim lines without a worry about PFDs. Once beyond the lines the toy becomes a boat and PFDs are required. This was addressing people using inflatable rafts and kayaks as dinghys in our mooring field.

12-12-2006, 03:42 PM	#7
Kamper Senior Member Join Date: Jul 2005 Location: Thornton's Ferry Posts: 1,296 Thanks: 67 Thanked 166 Times in 126 Posts	John A. Birdsall I believe you are confusing "Safety Certificate" with "license." I'm not going to quibble about the 65' standard though. There are so many exceptions to maritime rules I wouldnt bet against someone finding one. Fer instance it could actually be 20 meters which is almost but not quite the same thing.