Response from Marine Patrol
Lt. McLain from the NHMP responded to my inquiry regarding this thread. Thanks so much for taking the time to respond LT...I know how busy you officers are, especially on summer weekends like this!
The email is stamped confidential, so I will paraphrase her response:
There is no new law or regulation regarding the issue under discussion. If the rear facing seat(s) are enclosed by railings, gunwales, etc. then these seating arrangements are typically approved by the manufacturer for use underway and are legal.
However, the LT and her personnel have noted an increasing number of vessels equipped with open rear facing seating. The interpretation comes when a determination needs to be made if the manufacturer intended for this seating to be used underway. The LT recommends that if you have questions about the legality of the seating that you question the manufacturer (maybe through your dealer?) as to its proper usage.
And, as always, she encourages any boater to feel free to contact her office with this or any general boating question.
I have always found the Marine Patrol to be very responsive to citizen inquiries, and encourage anyone to take the LT up on her offer should you need a definitive answer to a boating question!
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