HB847 Passed the Senate

[Lakegeezer]

Originally Posted by Skip

Prima facie limits are much more liberal in interpretation than absolute limits.

Wikipedia describes Prima facie as "In common law jurisdictions, prima facie denotes evidence that (unless rebutted) would be sufficient to prove a particular proposition or fact."

The text of the HB847 is: Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful: (1) 25 miles per hour during the period from 1/2 hour after sunset to 1/2 hour before sunrise; and (2) 45 miles per hour at any other time.

I'm not a lawyer, but the use of prima facie in the law seems to imply that going over 45 is sufficient to prove that the speed was not reasonable or prudent. Maybe case law has watered down the meaning?

We all want reasonable and prudent speed. That was never the issue.