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Old 02-16-2006, 10:05 PM   #1
Airwaves
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Default Speed limit? There already is one!

I have read with interest the discussion that you all have had about the proposed speed limit for NH waterways.

I believe that laws are in place that will satisfy both factions of this argument IF the New Hampshire Marine Patrol decides to enforce them!

The following is already the LAW!

If you read it carefully you will find there is no specific speed limit, however if a law enforcement officer deterimines you are violateing the following, you can and should be arrested and fined.

One more thing; Federal law trumps state law!

There is no need for a speed limit law, but there is a need for law enforcement!

Dave

Rule 6

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

The state of visibility;
The traffic density including concentrations of fishing vessels or any other vessels;
The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
At night, the presence of background light such as from shore lights or from back scatter from her own lights;
The state of wind, sea and current, and the proximity of navigational hazards;
The draft in relation to the available depth of water.
(b)Additionally, by vessels with operational radar:

The characteristics, efficiency and limitations of the radar equipment;
Any constraints imposed by the radar range scale in use;
The effect on radar detection of the sea state, weather and other sources of interference;
The possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;
The number, location and movement of vessels detected by radar;
The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.
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Old 02-17-2006, 07:55 AM   #2
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Default

ROR are civil regulations. Even if they did have a criminal penalty that reference to speed is sufficiently vague that you could not use it to cite someone just for velocity alone. It is used to determine responsibility for an accident and would be an argument for stripping someone of the operating privileges.
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Old 02-17-2006, 08:20 AM   #3
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Exclamation Speed restrictions. 6 mph limit

There are speed restrictions in place all around the lake. The 6 mph maximum headway speed law. The safe passage headway speed law is also 6 mph maximum.

The law already in place on our lake restricts boaters to 6 mph or less within 150 feet of shore, swimmers, kayaks, canoes and on and on. If this rule were enforced would it make the lake safer? You bet. Do we need more speed laws right now or should we enforce the ones we already have?

Yes, Virginia, there is a speed limit. Manage to properly enforce this one and then see if we need more laws.
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Old 02-19-2006, 01:46 PM   #4
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You are partially right about the civil aspect of the COLREGs however penalties do exist if Marine Patrol chooses to enforce them. As far as the rules not being able to be used to regulate velocity? Rule 6 specifically deals with speed.

"Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

The state of visibility;
The traffic density including concentrations of fishing vessels or any other vessels;
The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
At night, the presence of background light such as from shore lights or from back scatter from her own lights;
The state of wind, sea and current, and the proximity of navigational hazards;
The draft in relation to the available depth of water."

so while there are no posted speed limits, if someone is doing 25 miles an hour, at
night, in the fog, a marine law enforcement officer could rightfully determine the vessel
is being operated at a speed that is unsafe in violation of rule 6.


First the civil penalties:

"VIOLATIONS OF INLAND NAVIGATION RULES AND REGULATIONS (33 U.S.C. 2072)
Whoever operates a vessel in violation of this Chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.
Every vessel subject to this Chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this Chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.
The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have December 19, 2005 d an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.

If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91).
Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary."

*****************************

Now, there are also criminal penalties for what are deemed negligent operation
they are:

"2301 Application

This chapter applies to a vessel operated on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas.

§ 2302 Penalties for negligent operations

A person operating a vessel in a negligent manner that endangers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000.
A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person shall be fined not more than $5,000, imprisoned for not more than one year, or both.
An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation-
is liable to the United States Government for a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for a subsequent violation; or
commits a class A misdemeanor.
For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is-
owned by a State or a political subdivision of a State;
operated principally for governmental purposes; and (3) identified clearly as a vessel of that State or subdivision."
**********************
So the tools are there if Marine Patrol wants to use them and if they can't enforce the existing law how will they enforce additional regulations?
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Old 02-19-2006, 02:45 PM   #5
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So did I just miss it or is there no penalty for violation of this proposed law other than a violation goes against your driving record?

http://www.gencourt.state.nh.us/legi...06/hb0162.html
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Old 02-22-2006, 02:00 PM   #6
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Default More LAWS?

We need more laws! If the Marine Patrol cannot enforce existing (common sense) laws will they be able to enforce speed limits? How many times have you been in your boat or sitting on shore and witnessed someone running to close to shoreor another boat, ignoring the headway speed signs or other infractions and thought if only the patrol boat was here?

The marine patrol will need to set speed traps in the broads to clock speeders. How about using helicopters to clock speeders from the air?

Now how would you fund this initiative? They can raise the fee to register a boat, increase taxes for the home owners on the lake, assess heavy fines on the speeders, etc....

My 2 Cents!
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