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07-28-2007, 10:35 PM | #1 |
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Boating Safety Certificate Question
I have passed the Pennsylvania Boaters Safety course and hold the certificate; do I need to take the NH course? I tried looking at the NH web page and there is no answer to my question. (There also isn't anything saying that NH doesn't accept Pa's certification.) In fact they give the link for the Pa course. Where can I get a definite answer?
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07-28-2007, 11:04 PM | #2 | |
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07-29-2007, 12:00 AM | #3 |
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+1. If it is approved by NASBLA, the MP MUST accept it.
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07-29-2007, 06:25 AM | #4 | |
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Not all NASBLA certs are accepted in NH
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NASBLA = National Association of State Boating Law Administrators NH Hampshire will accept NASBLA approved certificates from MOST but not ALL other sources. Notably NH will NOT recognize the NASBLA approved Boat US on-line course and certificate (CT and a few other states do not recognize the Boat US cert). Courses and Safe Boating Ed Certificates proctored by Power Squadron and USCGA are also accepted in NH. Here's a link to a chart of states and their respective certificate requirements (from NASBLA) Boater Education Requirements by state. Includes links to the specific Safe Boating agencies in each state. When in doubt, call/write the appropriate agency and get confirmation. Discussion about end of on-line testing in NH December post re: NASBLA and NH portions quoted above. Again, check with NH MP to find out if your NASBLA approved certificate is accepted in NH. Take names The rules are so easy to follow aren't they? Happy and safe boating.
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07-29-2007, 10:40 AM | #5 |
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Yikes
The certification I have is through NASBLA. There is slight differences in the test but 98% of the material is the same, I compared the tests side by side.THanks for your help I will continue to check in to this thread to see if there is any other useful comments.
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07-29-2007, 08:46 PM | #6 | |
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Marine Patrol
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Call Marine Patrol: 603-293-2037. That should be the fastest and easiest way to handle it.
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07-30-2007, 06:30 AM | #7 |
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Thanks for all the input. As always you all are very helpful.
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07-30-2007, 06:20 PM | #8 |
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How can visitors rent PWCs?
My cousins kids rented PWCs yesterday at The Weirs. Four hours and 2 MP tickets later...
I can't understand the disparity of how my kids, who have grown up on the lake on a boat, had to take the safety course while these kids could tool around the busiest part of the lake without knowing about the 150 foot rule. I understand tourism is NH's biggest industry but we need a bit of consistency and common sense. |
07-31-2007, 09:45 AM | #9 |
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You're right about the tests being 99% similar.When I took the NH test,just for the fun of it,I checked on the Florida test.When I saw that all the questions were the same,I took and passed it as well with very little studying. Just a few ??'s about the intercoastal.
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07-31-2007, 11:36 AM | #10 | |
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I'm confused about what you're saying here... Were your cousin's kids not required to have safety certificates? |
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07-31-2007, 11:59 AM | #11 | |
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Where are you getting the idea that not all NASBLA certificates are good in NH? That does not agree with the links you posted or what the MP has on their web. I called the MP and they said if it has "NASBLA" on it you are ok. Please tell us why you think this is not true. |
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07-31-2007, 02:06 PM | #12 | |
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Equivalency requirements for NASBLA courses
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The key is the requirement in RSA 270-D:15 that an equivalency NASBLA certificate was issued by an entity that met or exceeded the current requirements of the State of New Hampshire. Prime example? New Hampshire no longer allows the issuance of a certificate via utilization of an online exam. All exams must be proctored. Several entities that issue NASBLA certificates do so still allowing the course and final exam to be issued via online testing. Such an issued certificate, while being NASBLA approved, does not meet the legal requirements of RSA 270-D:15. Here is the RSA in its entirety: Safe Boater Education Section 270-D:15 270-D:15 Certificate Not Required. – A person shall not be required to obtain a certificate of boating safety education if the person holds a certificate from any state indicating successful completion of boating safety education that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard Auxiliary, or a certificate from the United States Power Squadron. |
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07-31-2007, 02:43 PM | #14 | |
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Grandfathered online certificates...
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And therein lies the rub. While most certificates (cards) list the source by stating online, I have seen other cards that were obtained online and have no such verbiage. Also, some but not all of the other entities still issuing certificates via the online exam may or may not annotate the source of the test. And unlike the extensive nationwide online motor vehicle database available to all LEOs, there is no such nationwide database currently in place for marine patrol officers. Again we find ourselves with another NH boating regulation strong on intention but weak in its ability to be fairly and evenly enforced. |
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07-31-2007, 03:38 PM | #15 |
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Spoke with Glendale today, they stated that a NASBLA certificate from another state DOES and IS accepted to boat on the lake. "Carry the certificate or card with you while boating" were the intructions given. I had my sister follow up to double check with this information and everything Glendale said was indeed repeated to her during another call to Glendale. We have the names of the individuals giving this info from Glendale in case we get stopped.
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07-31-2007, 03:56 PM | #16 | |
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07-31-2007, 04:12 PM | #17 | |
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Final thoughts....
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The problem is it is nearly impossible, in the field, to determine with accuracy whether the issung State or internet agency meets NH's newest standard, that being that online tests are not allowed. Regardless of what the RSA states, if it is the policy of the NHMP to accept any certificate or license that is NASBLA approved then the actuality is you shouldn't receive a summons. However, after many many years of dealing with these issues I would advise anyone pursuing such a course of action follow Coolbreeze's efforts and obtain the name and title along with date & time of the individual in Glendale giving you the OK. As a final note remember, this advice only applies to an out of State boater who has obtained a NASBLA certified certificate since the first of this year and took a test online. Giving the preceding paragraph I believe we are probably talking about a very small number of potential boaters. Thanks for the plug KC! |
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07-31-2007, 09:58 PM | #18 |
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Skip
The number may be small now but it is going to grow. The word is getting around that the easiest way to get a certificate is to get one online from boat-ed.com but take it from another state. I am holding a Massachusetts certificate just recieved by a family member. It was done online from boat-ed but there is nothing on it to indicate that. It does say "The person on the reverse side of this card has completed a boating safety course which is approved by the National Association of State Boating Law Administrators and recognized by the United States Coast Guard." Just because NH now requires proctored exams for NH certificates does not necessarily mean that out of state certificates must be proctored. You are reading to much into the "meets or exceeds the requirements of this subdivision" language. And the MP have a long history of interpreting things the way they want. |
07-31-2007, 11:01 PM | #19 |
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CERTIFICATES ACCEPTED:
ISSUED BY STATE OF NEW HAMPSHIRE ISSUED BY U.S. COAST GUARD AUXILIARY ISSUED BY U.S. POWER SQUADRON (1978 AND UP) ISSUED BY ANOTHER STATE AND NASBLA APPROVED COMMERCIAL BOAT OPERATOR LICENSE ISSUED BY THE STATE OF NEW HAMPSHIRE OR U.S. COAST GUARD (THAT HAS NOT EXPIRED) NOTE: NOT APPROVED BY ANY OF THE ABOVE, ISSUED BY ONLY!!!!! ONLY ONE APPROVED ONLINE PROVIDER= WWW.BOAT-ED.COM (CARDS ARE ISSUED BY THE STATE OF NEW HAMPSHIRE) (Certificates issued after Jan 1, 2007 from The Boat-Ed.com system are NOT accepted in NH.) Not being enforced at this time Last edited by NightWing; 08-03-2007 at 08:32 PM. |
08-01-2007, 05:35 AM | #20 | |
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Where the rub is that when NH changed the law this year requiring proctored exams thay did not take in to account this factor. Therefore the requirement "meets or exceeds" is virtually impossible to enforce as there is no reliable way in the field to verify final test status from another State. And as I said previously, the point is mute if the official policy of the NHMP is to accept all NASBLA certificates regardless of whether or not they meet the requirements of RSA 270-D:15. However, if the policy of the State is to accept any other State issued NASBLA certificate then the law should be ammended to state just that, to remove the possibility of any ambiguity. While researching this I am finding possibly yet another glaring loophole. Where NH motor vehicle code clearly requires a NH resident to obtain and maintain a NH driver's license, I have yet to find such a similar requirement with the NH boat-ed certificate. I still have some more searching to do and I am sure one of the fine folks over at NHMP can point me to the requirement. But what if such a requirement does not exist, and indeed anyone from NH could search around for a certificate from another State or organization with an online final exam? I am still searching and will have an answer by the end of today... Kind of reminds me of the overnight mooring debacle.... |
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08-01-2007, 06:29 AM | #21 |
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Not ALL NASBLA course certificates accepted in NH
In addition to everything that Skip (thank you Skip) has posted here are two more items to add:
From the BoatUS Foundation boating course page. The course is NASBLA approved and at the bottom of the page just under TWO NASBLA emblems is the following statement: The Online Boating Course is approved to meet the basic boater education requirements in certain states. Be sure to check the regulations in your state. States such as NY, NJ, PA, CT, RI, NH, MD, AND OTHERS do not accept this course for their education requirements. From the NASBLA web page: New Hampshire No person born on or after the dates provided in this section shall operate a motorized vessel with any type of power motor in excess of 25 horsepower on the public waters of this state without first obtaining a certificate of boating safety education. Only NASBLA-approved New Hampshire and other state certificates are accepted. No certificates issued by private companies are recognized. No matter how large your font is Nightwing, the info is not up to date. Certificates issued after Jan 1, 2007 from The Boat-Ed.com system are NOT accepted in NH. As I recall, the test method was also considered. It made a difference who/how the test was administered and who proctored the exam (I can't find the reference right now). As Skip mentioned, how does one know how your NASBLA exam was proctored? When the Boater Safety Certificate issue first came up in NH I asked MP about the BoatUS course. They said it was accepted. I convinced my daughter to take the course and test. I took her certificate in hand to Marine Patrol HQ and asked if it would be accepted. They brought it all around the office, upstairs too. Everyone at MP HQ agreed that it would satisfy the NH requirements. Then around February 2002 I heard that the new rules were refined to exclude the BoatUS certificate due to content issues. I again asked MP and got different answers...finally got the definitive word that, NASBLA approval alone was not enough to be accepted in NH and the BoatUS cert was not sufficient for NH. My daughter was not happy about taking another course and test. She didn't care what type of macerater our boat needs or how far from shore we need to be to empty our holding tank or other non-Winnie related info. There are many BoatUS members on Lake Winnie and I'm sure that more than a few have the BoatUS boater education certificate.
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08-01-2007, 06:53 AM | #22 |
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This is one of my pet peeves with the education certification. Imagine if you're planning a vacation trip to NH. You do your research and you still don't know if you can boat here. So you go to Lake George, or Sebago. Maybe that's the goal?
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08-01-2007, 07:21 AM | #23 | |
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08-01-2007, 07:57 AM | #24 |
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This confusion had me emailing Marine Patrol and the NH Boating Education office earlier this year. I had taken the online course in 2003 under the state of VT link. According to the rules as I understood them, I was fine. According to the NH Boating Education office, I am fine. Because of all this confusion, I keep a print out of the email on my boat in case there is a Marine Patrol officer that is as confused as everyone else.
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08-01-2007, 12:10 PM | #25 |
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USPS after 1978?
I just wanted to chime in and ask for a source material for a post.
NightWing, in your large font post you wrote that certificates issued by the US Power Squadron (1978 AND UP) are accepted. Where did you see that? After reading the post I went on line to read not only the section on exemptions, but all the sections regarding boater education and while I found specific mention of USCGAux and USPS certificates being valid there is no mention of any date being attached to either USCGAux or USPS boating certificates. Both are valid, NASBLA approved and are recognized in NH. |
08-01-2007, 11:13 PM | #26 | |
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Most of what you post is correct, but your conclusion is false. The Boat-Ed.com site is NASBLA Approved. And Boat-Ed is NOT a private company. If you go to Boat-Ed today and take the Massachusetts test you will receive in the mail an official Massachusetts Boater Education Certificate that is NASBLA and Coast Guard approved. The New Hampshire Marine Patrol have confirmed repeatedly that such a certificate is valid in NH. I do understand that this situation is in conflict with the way some people interpret the new RSA. An out of state on-line Boat-Ed test will give you a certificate considered valid in NH. |
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08-02-2007, 05:38 AM | #27 | |
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Sorry Charlie....
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Now if the NHMP is looking the other way because they have in front of them an RSA that they cannot enforce that is truly a debacle because it encourages folks to willfully ignore the law. Lets try an analogy that is simpler to understand. The State of New Hampshire usually accepts driver licenses from all other States and many other countries as valid. However, you still must meet this State's minimal requirements to drive even with an out of state license. Therefore, if you come from a State where it is legal to drive at 15 and you have a valid license to do so, that license is not valid in New Hampshire as it does not "meet or exceed" this State's requirements. Finally, I am still researching the Administrative Rules and the applicable RSAs to determine if a New Hampshire resident is required to have a NH issued certificate. However, given the way RSA 270-D:15 is clearly written it does not matter what State you hold the certificate from as long as the State (or entity) that issued you the certificate met New Hampshire's standards as of the date of issue, which includes no on-line exams after the beginning of this year. But hey, you could be absolutely correct! Could you kindly point me in the direction of the applicable RSA or Administrative Rule that states that any NASBLA certificate must be accepted in New Hampshire....and no, the Boater's Guide does not count! Also, could you please PM me (if you prefer) the name of at least one NHMP employee that has officially stated, or point me in the direction of a policy statement ot press release, that confirms that all NASBLA certificates will be honored in the State? Thanks.... |
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08-02-2007, 06:59 AM | #28 |
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To be honest, I don't know if even THEY know exactly what the rules are. We spoke to a couple of MP people when this first all came about and they seemed to have different answers. They finally decided if you took the test online, it was ok until you got stopped. If you got stopped, you had to go to the class. (Course since then, the online- at least in NH- is not adequate.)Again, it all goes back to-TOO MANY LAWS. Not even the officials understand them all. I have to tell you. the too close to shore-150' no wake rule has been brokien by here this summer-we think worse than ever, and supposedly most people have their certificates by now. Makes you wonder.
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08-02-2007, 07:14 AM | #29 | |
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Boat-Ed.Com certificates issued after 1-1-07... Not good in NH
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Boat-Ed.com is NOT a private company. Boat-Ed.com is a private organization. From the Boat-Ed web site page "Boat Ed is a private organization dedicated to providing boater safety courses and certification and publishing boater education materials. ..." Now the question is, is a private organization the same as a private company? I don't know ... but I think so. That makes any state Boat-Ed.com certificate issued on or after 1-1-07 unacceptable in NH. Again, many thanks to Skip for his research and excellent information. I believe that everyone here is well intentioned and really want to understand and follow the rules - if we could just figure them out.
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08-02-2007, 07:15 AM | #30 |
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Skip
I understand your argument completely, and I'm not saying you're wrong. However many people come to this site for practical information, not to argue the fine points of the law. My statement is correct! An out of state on-line Boat-Ed test will give you a certificate considered valid in NH. If you go to Boat-Ed and get a Massachusetts certificate, you will have in your hand a certificate acceptable to the New Hampshire Marine Patrol. |
08-02-2007, 07:49 AM | #31 | |
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I think it is imperative then that you provide some verifiable proof of your claim before someone gets a summons for following your advice! Unfortunately it is the "fine point of the law" every time that lands you in front of a judge! One final point that has not been discussed is civil liability in the case of an accident. While you may indeed be correct that the NHMP is looking the other way, if you are operating under a certificate that does not meet the requirements of RSA 270-D:15 and are involved in an accident I can assure you that there is a personal injury lawyer out there that will ensure you pay the appropriate penalty regardless of the NHMP position. Sidebar to the NHMP.....I apologize in advance for making any assumptions that the NHMP is ignoring or not enforcing RSA 270-D:15. There has been no offer of proof or verifiable statements that the NHMP is not enforcing this statute as intended by the General Court and my points made are for argument's sake only. |
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08-02-2007, 09:27 AM | #32 |
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Skip
You say they are breaking the law, that is your opinion based on your reading of the RSA. The New Hampshire Marine Patrol says they are not breaking the law. |
08-02-2007, 09:36 AM | #33 | |
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Who???
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08-02-2007, 11:38 AM | #34 |
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I called the MP about this last week. They said if you have an out of state cert. with NSBLA on it you are good to go. You people that don't believe this should call the MP yourselves, they are very nice.
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08-02-2007, 04:18 PM | #35 | |
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C'mon...give me a source!
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08-02-2007, 05:28 PM | #36 | |
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Have you called the MP yet to see if they agree with your theory? |
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08-02-2007, 07:16 PM | #37 | |
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08-02-2007, 07:47 PM | #38 | ||
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Will the real Islander please stand up?
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Unfortunately that belief has been greatly shaken when I recall this post you made in March of 2006 regarding the two opposing Speed Limits camps (WINNFABS vs. NHRBA) as the discussion in this particular thread had turned in to how to strengthen boater education: Quote:
And yet only a year and a half after the Legislature listened and did tighten up boater education here you are trying to advise folks that it isn't hard to ignore! I just have to ask....is it really Lake safety you are seeking or just more Lake controversy? Because quite frankly we seem to have enough folks already interested in the latter, what we need is more folks fighting for the former. |
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08-02-2007, 09:33 PM | #39 |
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Skip
You are losing me here! Are you confusing me with some other poster? I have posted three times in this thread. The first two only said that I called the MP to ask what kind of out of state certificate was acceptable in NH. The last was to tell you to drop the R/C thing. How am I subverting boater education? There seems to be confusion as to which certificates are allowed in NH. With all do respect to you, if the MP tells me a certificate is ok, then the subject is closed in my book. You are not the Marine Patrol. I think proctored exams are a great idea. But I am not going to tell people a lie or hide the truth about certificates in the name of safety. If there is one thing more important than boater safety it is the truth. If you don't like what the MP are telling people then take it up with them. If you are so concerned about safety then you should not be telling people to ignore what the Marine Patrol is saying!!! |
08-02-2007, 09:38 PM | #40 |
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Thankyou Islander......
...and no, I do not have you confused with anyone else.
Might I also close that I am no longer confused either; in my mind you have put all doubts to rest as to where you truly stand in the safety debate. Thankyou! |
08-03-2007, 07:49 AM | #41 |
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At this point in the process....
it's simply unacceptable that there is any confusion whatever remaining concerning which safety certificates are acceptable and which are not!
There can't be all that many programs that are NASBLA-certified. Might I suggest that somebody somebody who has some "pull" with the MP (since I'm a "flatlander", I doubt that they'd give a darn for anything I had to say) suggest that somebody within the department with the requisite knowledge simply print out a list of such programs, mark "yes" or "no" next to each, and post it on their site? I suspect that such a list would be a great help to their own officers as well as to the boating public! Silver Duck |
08-03-2007, 07:53 AM | #42 | |
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Post #19 covers it. |
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08-03-2007, 08:13 AM | #43 | |
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If those words are correct it is right there in RED last line. |
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08-03-2007, 09:34 AM | #44 |
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Post 19 would be definitive if it came from the Marine Patrol webpage. But I think NightWing wrote that post himself.
Until I see proof I will go with what the Marine Patrol are saying when you ask them. And they are saying all out of state certificates from NASBLA are good. If they are saying the wrong thing then someone needs to inform the people on the phones. NightWing - Where did post 19 come from? |
08-03-2007, 10:02 AM | #45 | |
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I agree NightWing should list his source of his words. |
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08-03-2007, 11:45 AM | #46 |
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You are all getting hung up on the NASBLA certification. That isn't in question, since it is a requirement and everyone agrees on that. The post was made to point out that ISSUED BY is the key phrase. In other words, "Approved by" does not meet the requirement, whereas "Issued by" does.
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08-03-2007, 12:35 PM | #47 |
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Source material?
NightWing:
You still haven't said where you got the information regarding your post that only US Power Squadron boating certificates issued AFTER 1978 are valid in NH? I read the RSA and saw no mention of any date attached to the USPS or USCGAux boating certificates. Did I miss it? |
08-03-2007, 01:25 PM | #48 | |
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Quote:
The problem is the the Marine Patrol interprets the law such that ALL NASBLA certificates are good in NH. Their real argument is with the Marine Patrol, however instead of fighting the MP's interpretation they come to this forum and brow beat anybody that doesn't go along with their theory. When asked where their quotes come from they don't answer. Just like NightWing has done in the posts above. I think they have called the MP and are aware of the truth, but they will not admit it here because they don't like it. The funny thing is that I agree with them in principal. I think only proctored exams should be allowed anywhere. But that is not what the law says and not what the Marine Patrol says. |
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08-03-2007, 01:44 PM | #49 | |
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Quote:
Where does post 19 come from? |
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08-03-2007, 01:56 PM | #50 |
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PART Saf-C 6104 BOATER SAFETY EDUCATION COMPETENCY
Saf-C 6104.01 Minimum Standards for Boating Safety Education Competency. (a) A person required to possess a safe boater education certificate in order to operate a motorboat in New Hampshire shall meet the minimum standard for boating safety education competency, as set forth in RSA 270-D:13. (b) The minimum standards for boater safety education competency shall be: (1) Successful completion of a boating safety course in person and passing score of at least 70 percent on a written test administered at the conclusion of the course by the instructor or a proctor, pursuant to RSA 270-D:13, I(a); (2) A score of 80 percent on a proctored equivalency examination, pursuant to RSA 270-D:13, I(b). (3) A score of at least 70 percent on a home study course and self-test; (4) A score of at least 70 percent on a self-test boating safety education course offered over the internet; or (5) Possession of a certificate, card or other official document issued by: a. Another state indicating successful completion of boating safety education that: 1. Meets or exceeds the requirements of a New Hampshire safe boater education certificate; and 2. Is NASBLA approved; b. US Power Squadron; or c. US Coast Guard Auxiliary. Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03 Last edited by NightWing; 08-03-2007 at 02:38 PM. |
08-03-2007, 02:53 PM | #51 | |
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Eating Humble Pie
Quote:
I spoke with Marine Patrol's Lieutenant Dunleavy and got down to the specifics. He said YES. A NASBLA approved test resulting in a Safe Boating Certificate issued by a STATE even though the test was not proctored and was given online by Boat-Ed.com was accepted in NH. He indicated that there was no way to know if the state issued certificate was via an online test or in person. I was quite surprised and I'm sure that Skip will be as well. So, the State of Vermont issued certificate with the NASBLA logo taken over the internet meets the Safe Boating Education requirements of NH (in spite of it being a private organization). Boat-Ed.com also provides online testing for more than 40 other states. The BoatUS certificate, even though NASBLA approved, is not issued by a State and therefore not accepted in NH. So there you go. More than once Marine Patrol has given me conflicting answers to some of my questions. Usually it is by dispatchers or summer hires I speak with. Lt. Dunleavy on the other hand is a knowledgable and long time Marine Patrol Officer so I stand corrected. I apologize if I caused anyone distress or inconvenience. Sincerely,
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Amateur HAM Radio What is it? You'll be surprised. When all else fails Ham Radio still works. Shriners Hospitals providing specialized care for children regardless of ability to pay. Find out more or refer a patient. Last edited by Skipper of the Sea Que; 08-03-2007 at 03:40 PM. |
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08-03-2007, 05:19 PM | #52 |
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Humble Pie by the shovel full
I stand corrected and profusely apologize to both Islander & Bear Islander. Like the Skipper I was awaiting word from Dunleavy which I received via e-mail late this afternoon.
I am up at Camp for the next two weeks and am still unpacking, but felt an apology was immediately in order, and I offer same. Obviously the information given to the Islanders was what the dispatchers were told to issue. I do not agree with the policy. I think it it sends a horrible message and do n ot believe it is in the spirit of the law passed. I will persist in getting this policy corrected or changed. I informed Dunleavy that I would start with the Governor's Office, the AG and will also personally contact the legislators responsible for crafting this legislation and inform them of the loophole that the NHMP is allowingto occur. Much more to come....but being on vacation next week I have ample time to pursue this. Again, my apologies to doubting what Islander & BI were told. I should have known better! Bhy the way, when possible I will post the e-mailed policy so all of youcan have it to protect yourselves in the future! Skip |
08-03-2007, 08:35 PM | #53 |
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Apology accepted.
I wonder if reciprocity is one reason the MP have gone this way? It would be hard for NHMP to say that certificates issued by other states are no good. States usually honor drivers licenses given by other states or even other countries. It would be some mess if they didn't. I think the "meets or exceeds" phrase will follow overnight anchoring into MP limbo. |
08-03-2007, 08:51 PM | #54 |
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Was chatting with a guy this morning at the fuel dock. He was wearing a Red Sox hat and a Celtics t-shirt so I asked him if he was from MA...he said no, he was but now lives in Dover. MP were out around the West Alton sandbar, and the conversation moved to the license requirement. He said he used to boat in MA and had a MA license....said he took the course and test online. I said it might not be good in NH and he said MP stopped him (for the 'no-rafting' issue, checked his license, and didn't say a word. He showed me the license and it does not saying about getting it on the 'net. Looks like a loophole that Captain Bonehead could cruise through!
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