12-08-2005, 03:58 PM
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#18
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Senior Member
Join Date: Apr 2004
Location: Dover, NH
Posts: 1,615
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Marine Patrol authority...
Quote:
Originally Posted by SIKSUKR
...I don't know if MP has the authority to check for DWI or enforce it...
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The Marine Patrol officers have full authority to enforce boating while intoxicated provisions and make arrests when applicable. I have provided below the RSA conveying that and other authority the MP officers have for everyones review.....
Merry Christmas,
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TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Administration and Enforcement
Section 270:12-a
270:12-a Enforcement Powers Conferred. –
I. The director of the division of safety services and his duly authorized representatives shall have all the powers of a peace officer in all counties of the state in the enforcement of:
(a) The provisions of this chapter and the rules adopted hereunder;
(b) The provisions of RSA 270:48-a, relative to the operation of boats by a person under the influence of intoxicating liquor or a controlled drug or other unlawful operation of boats thereunder and all other crimes and offenses occurring on the public bodies of inland waters of the state;
(c) The provisions of RSA 637:9, relative to unauthorized use of a motor boat or any boat or vessel propelled by sail or a paddle;
(d) The provisions of RSA 642:1, relative to interfering with a public servant;
(e) The provisions of RSA 642:6, relative to escape from official custody; and
(f) The provisions of Title LXII when:
(1) A violation of such title occurs on an island to which access is provided only by boat when no representative of any other law enforcement agency with jurisdiction is immediately available to handle a complaint of violation and the safety of persons or property requires immediate action;
(2) A trespass violation is committed on land adjacent to a body of water by a person who used a boat as his means of transportation or who left his boat to come ashore; or
(3) Requested to render assistance to another peace officer having jurisdiction in the area.
I-a. The director of safety services and his duly authorized representatives shall be authorized to call upon any peace officer to render assistance to them in the performance of their duties and shall render assistance to any peace officer having jurisdiction in the area when so requested.
II. [Repealed.]
III. The director of the division of safety services shall adopt rules pursuant to RSA 541-A prescribing the type and amount of training required for his duly authorized representatives to perform their duties under this section.
IV. Notwithstanding any other law to the contrary, the jurisdiction of marine patrol officers shall extend to any body of water, whether natural or man-made, within the state's jurisdiction, including streams, rivers, and lakes or ponds having an area of at least 10 acres.
V. All vessels and their registered tender operating on New Hampshire's tidal waters shall comply with Coast Guard equipment requirements in 33 C.F.R. section 175 and 44 C.F.R. section 25, exclusively.
VI. (a) The commissioner of the department of safety, at the request of the United States Coast Guard in accordance with applicable federal law, shall to the extent of available staffing and resources authorize marine patrol officers to assist the United States Coast Guard in the enforcement of safety and security zones established by the Coast Guard Captain of the Port with jurisdiction over New Hampshire. Marine patrol officers so authorized may take all action necessary to assist the Coast Guard in enforcing security and safety zones to the extent authorized by the Coast Guard, including exercising the power of arrest.
(b) The department of safety, prior to engaging in the activities authorized by this paragraph, shall enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized by this paragraph. Any funds received from the federal government for reimbursement to the department of safety under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
(c) The commissioner of the department of safety may establish a safety and security zone on any public or coastal waters of the state in case of an emergency requiring prompt action.
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