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Old 08-24-2017, 07:04 AM   #58
ApS
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Arrow The "Common Sense" Clause...

Quote:
Originally Posted by PeterG View Post
Woodsy, I agree on the confusion and the Weirs Channel problem. But I'm not sure your explanation on the law is correct or makes sense. I have always taken the 6 mph as a guide. If I was creating an unnecessary wake in a wake zone, I would expect a ticket regardless of speed.
Some of "the confusion" may be grounded in the manner in which speed is measured. Some boats can't register such speeds, when others use SOG—when SOG doesn't meet the RSA's criteria.

The default position goes to "common sense".

The RSA was changed in 1995, when proliferation of over-sized boats (most-suitable to the ocean) began on Lake Winnipesaukee. Here's a quote re NHMP enforcement:

Quote:
"...I’ll offer you some history behind the law change that took effect in 1995...In the early 1990’s Marine Patrol began patrolling our seacoast. It was recognized by our officers that the tidal currents in the state’s coastal rivers often exceeded 6 mph and therefore safe steerage for a vessel fighting the current would need to exceed the limits of the law.

As a result the law was changed to its current language. Local Judges have accepted and recognize the intent of the law and therefore the application of the “slowest speed necessary…” is the portion of the definition that our officers most often use in their application of the law.

To try and answer your question specifically as it applies to a 12’ jon boat (your example). The officer would look at several things when considering a boat stop for a violation. They would include the existing water conditions, the boat’s wake, how much faster than necessary they are travelling, is the attitude of the bow “lifting” vs. flat, speed and size of other vessels in the immediate area, etc. I believe that a common sense application of these concepts by any boat operator will keep them safe and legal...

[Lt.] Timothy C. Dunleavy"
From the first paragraph, notice how the issue was skirted when every other coastal state has kept the old statute! (Except Oregon, which added "making white water behind").

Quote:
Originally Posted by tis View Post
I disagree Woodsy. They are meant to be no wake zones not slow speed zones for a reason. As I have posted before, I spoke to Capt. Dunleavy about the language of the law and he said the headway speed law was meant for the ocean not here on the lake. He said the officers use their judgment, if they see a boat making a wake they will stop them and the officers win in court.
Why are we in such a hurry when we are out on our wonderful lake, enjoying our boats, that we can't slow down enough to be courteous??? Especially the difference between 2 MPH and 6 Mph!!
Yes, indeed!

There is no provision for "being forced" to shift in-and-out of gear.

BTW: I see two more boat lifts have been added this season within a stone's throw from my place—in a protected harbor—and it's not because there are too many pontoon boats!
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