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Old 06-26-2008, 11:21 PM   #1
Airwaves
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Default Let's compare; Current NH law, the "New" law and the Law pretty much everywhere else!

So, read them and decide.

Which rules are best for New Hampshire and Lake Winnipesaukee and why, and just to throw this in, why ONLY Lake Winnipesaukee? 270:29-a will still apply everywhere else that is not already restricted!

A lot of time and effort has been placed into passage of this 45/25 Speed Limit law, but was it the right thing to do?

Here are the three regulations in their entire texts, you decide which is the safest, which is best, which is most effective, which is most efficent and provides the safest waterways for New Hampshire and please comment on why you believe your possition to be true.

AW

Quote:
Section 270:29-a
270:29-a Careless and Negligent Operation of Boats.
– Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor.
Source. 1981, 353:12, eff. Aug. 22, 1981.
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Quote:

HB 847 – VERSION ADOPTED BY BOTH BODIES
STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven
AN ACT relative to general rules for vessels operating on water.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; General Rules for Vessels Operating on Water. Amend RSA 270-D:2 by inserting after paragraph IX the following new paragraphs:
X.(a) No person shall operate a vessel on Lake Winnipesaukee at a speed greater than is reasonable and prudent under the existing conditions and without regard for the actual and potential hazards then existing. In all cases, speed shall be controlled so that the operator will be able to avoid endangering or colliding with any person, vessel, object, or shore.
(b) Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 25 miles per hour during the period from 1/2 hour after sunset to 1/2 hour before sunrise; and
(2) 45 miles per hour at any other time.
(c) The speed limitations set forth in subparagraph (b) shall not apply to vessels when operated with due regard for safety under the direction of the peace officers in the chase or apprehension of violators of the law or of persons charged with, or suspected of, any such violation, nor to fire department or fire patrol vessels, nor to private emergency vessels when traveling to emergencies. This exemption shall not, however, protect the operator of any such vessel from the consequences of a reckless disregard of the safety of others.
(d) The speed limitations set forth in subparagraph (b) shall not apply to boat racing permitted under RSA 270:27.
XI. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
2 Repeal. RSA 270-D:2, X-XI, relative to speed limits on Lake Winnipesaukee, is repealed.
3 Effective Date.
I. Section 1 of this act shall take effect January 1, 2009.
II. The remainder of this act shall take effect January 1, 2011.
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Quote:
—INLAND—
Steering and Sailing Rules
RULE 6
Safe 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:
(i) the state of visibility;
(ii) the traffic density including concentration of fishing vessels or any other vessels;
(iii) the maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) at night, the presence of background light such as from shore lights or from back scatter of her own lights;
(v) the state of wind, sea, and current, and the proximity of navigational hazards;
(vi) the draft in relation to the available depth of water.

(b) Additionally, by vessels with operational radar:
(i) the characteristics, efficiency and limitations of the radar equipment;
(ii) any constraints imposed by the radar range scale in use;
(iii) the effect on radar detection of the sea state, weather, and other sources of interference;
(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;
(v) the number, location, and movement of vessels detected by radar; and
(vi) 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

Last edited by Airwaves; 06-26-2008 at 11:38 PM. Reason: spelling
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