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Old 08-14-2010, 01:21 PM   #12
Skip
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Post Further clarification...

Obviously this is not "old news".

There have been many posts on this site, in various threads, where the subject debated was whether or not a lifetime boter safety certificate could be revoked by the State for just cause.

Some folks here agreed, and others were adamant in their belief that a lifetime safety certificate could not be revoked.

This is the first case that has arisen, that I am aware of, that the State has revoked a certificate.

Now that the hearing on that particular matter has been held, and the State prevailed at the first level of appeal, it appears a further ruling will be requested at the Superior court level.

Depending on that outcome a final appeal could go as high as the State Supreme Court.

This is precedent setting news. If the State prevails then look for them to start revoking certificates on a regular basis for just cause.


If the State loses, look for additional legislation to be filed in the future to strengthen the State's position that it can revoke certificates.

Either way it will have far reaching implications for all boaters on all bodies of water in the State. Because of its wide ranging implications and the fact that it is a complicated legal matter I posted it here in the general forum for the widest audience reach. If Don feels it is more appropriate in the boating forum, or he feels this thread is inappropriate I am sure he will take the appropriate action.

As a final note I offer no opinion whatsoever on the original case or person it pertainsd to. I should have then, and will respectively ask now, that comments in regards to this issue be about this issue, and not the personalities or other aspects of the case.

The ability to revoke or suspend the boaters certificate for cause, which results in the loss of your ability to operate a boat, is a very powerful tool of Government. As such it behooves all of us that boat to watch this particular aspect closely and understand its implications as it winds through the Court system!
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