Winnipesaukee Forum - Two HB162's

The minority of the RR&D Committee has been allowed by the Committee Chairman (who opposed HB162) to submit an alternate amended version of HB162 to the legislature with an "Ought to Pass" recommendation. (A lesson in NH politics).

Here is the version that the committee voted to recommend;

Quote:

Amendment to HB 162
Proposed by the Majority of the Committee on Resources, Recreation and Development - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to general rules for vessels operating on water.
Amend the bill by replacing all after the enacting clause with the following:
*1 New Paragraphs; General Rules for Vessels Operating on Water. Amend RSA 270-D:2 by inserting after paragraph IX the following new paragraphs:
X.(a) No person shall operate a vessel at a speed greater than is reasonable and prudent under the existing conditions and without regard for the actual and potential hazards then existing. In all cases, speed shall be controlled so that the operator will be able to avoid endangering or colliding with any person, vessel, object, or shore.
(b) 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.
(c) The speed limitations set forth in subparagraph (b) shall not apply to vessels when operated with due regard for safety under the direction of the peace officers in the chase or apprehension of violators of the law or of persons charged with, or suspected of, any such violation, nor to fire department or fire patrol vessels, nor to private emergency vessels when traveling to emergencies. This exemption shall not, however, protect the operator of any such vessel from the consequences of a reckless disregard of the safety of others.
(d) The speed limitations set forth in subparagraph (b) shall not apply to boat racing permitted under RSA 270:27.
XI. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
*2 Effective Date. This act shall take effect January 1, 2007.
AMENDED ANALYSIS
This bill establishes general speed limitations for vessels. This bill also requires that violations of the general rules for vessels operating on water become a part of the motor vehicle driving record of the person convicted.

Here is the amended version that the minority of the committee is recommending, which lost when they tried it in committee;

Quote:

Amendment to HB 162
Proposed by the Minority of the Committee on Resources, Recreation and Development - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to safe operation of vessels on New Hampshire waters.
Amend the bill by replacing all after the enacting clause with the following:
*1 Careless and Negligent Operation of Boats; Driving Record. Amend RSA 270:29-a to read as follows:
270:29-a Careless and Negligent Operation of Boats. Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
*2 New Paragraph; General Rules for Vessels Operating on Water; Speed. Amend RSA 270-D:2 by inserting after paragraph IX the following new paragraph:
X. No person shall operate a vessel at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
*3 Boating and Water Safety; Penalties; Driving Record. Amend RSA 270-D:9 to read as follows:
270-D:9 Penalties. Any person who violates any provisions of this chapter or any rule adopted under RSA 270-D:8 shall be guilty of a violation. Any conviction under RSA 270-D:2 shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
*4 Effective Date. This act shall take effect January 1, 2007.
AMENDED ANALYSIS
This bill establishes a general standard for vessel operation speed. This bill also makes certain vessel operation violations a part of the convicted person’s driving record.

You'll note that the minority recommendation sets no specific speed limits, relying on the "reasonable and prudent" standard that has been thrown out in courts as "indefinite", and that would probably be about as enforceable and enforced as our noise statute (which the same group opposed and also had weakened in the House).

So be sure that when you write to the legislators, you explain that you are supporting the Majority recommendation and expect them to do the same. Remind that the overwhelming majority of NH's citizens and voters want speed limits on their lakes, not more nonsensical and unenforceable jokes from Concord. Be wary of those legislators who will try to spin their support of the disemboweled Minority recommendation as a vote of support for HB162, so they can claim to have followed the mandate of their constituents, when in fact they have done just the opposite.