Boat License Question

[White Rook]

Hello All,

A question came up during a discussion this weekend at the marina. Here goes:

Two adults are in a powerboat. Both are experienced operators however, only one operator has a valid NH Boater's Certificate / License. Can this 'licensed' person legally allow the other, experienced but non-licensed operator drive the boat? My reply was no in that anyone actually operating the boat has to be licensed but several individuals were certain that this is legal. Thanks.

[KTO]

This came up a few weeks ago. The way we interpreted the law was...

If there is a responsible adult with a license and someone under 16, the under 16 year old can drive the boat with the adult.

If the person is 16 or older, then they must have a license to drive.

I'm not sure if that is fact, but that is how we interpreted the law.

A vessel powered by more than 25 horsepower (other than a “ski craft”) may be operated by:

* A person 16 years of age or older only if he or she has obtained a Safe Boater Education Certificate.

Source: www.boat-ed.com

[Skip]

Originally Posted by White Rook

Hello All,

A question came up during a discussion this weekend at the marina. Here goes:

Two adults are in a powerboat. Both are experienced operators however, only one operator has a valid NH Boater's Certificate / License. Can this 'licensed' person legally allow the other, experienced but non-licensed operator drive the boat? My reply was no in that anyone actually operating the boat has to be licensed but several individuals were certain that this is legal. Thanks.

You are correct. RSA 270-D:10 is quite clear, as it uses the operative word "shall" when specifying the condition that a certificate (or qualified license) be in possesion for vessels in excess of 25 horse power.

Many people get this confused with the motor vehicle code. Under the motor vehicle code RSA 263:25 specifically allows a "driver education" exception if the person learning to operate is of age and not under suspension or revocation, and the "teacher" is a duly licensed driver over the age of 25. However, this is a specific legal exception cited in the code for motor vehicles, and no such exemption currently is in place for vessel operation.

Therefore any person in control of the boat, over 25 hp, must have obtained an accepted license or certificatre as defined under RSA 270-D:10.

[Bear Islander]

Where is the exception for people under 16? I can't find it.

[Irrigation Guy]

I called MP a few weeks back and asked about the under 16 question. They said under 16 is fine, but once 16 they can have their own license and must do so.

[Airwaves]

BI, here is the exception for boaters under 16:

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Operation of Boats
Section 270:30
270:30 Minimum Age for Operation. – No person under 16 years of age shall operate a motorized vessel having power in excess of 25 horsepower on the public waters of this state unless the person is accompanied by a person 18 years of age or older who has a valid safe boater education certificate, and such person shall be liable for personal injury or property damage which may result from such operation. Whoever violates this section shall be guilty of a violation.
Source. 1963, 138:1. 1985, 347:3. 1988, 56:1, eff. June 6, 1988. 2000, 52:1, eff. Jan. 1, 2002. 2002, 272:1, eff. May 18, 2002.

[martbri7]

Two adults one has boater certificate other doesn't....boater with certificate drives boat to point "A"...sets up a kicker motor for fishing Salmon or trolling... can the boater with no certificate drive boat with the kicker motor which has horsepower less than 25 on and main motor off?

Thanks In Advance,

Brian

[SIKSUKR]

I would understand that to be perfectly fine since that person is not operating the higher hp.

[Airwaves]

Originally posted by martbri7

Two adults one has boater certificate other doesn't....boater with certificate drives boat to point "A"...sets up a kicker motor for fishing Salmon or trolling... can the boater with no certificate drive boat with the kicker motor which has horsepower less than 25 on and main motor off?

I don't think so. Reading the RSA above it states under 16 so I would say it is one of those quirks in NH law, or something intensionally designed to get everyone 16 and over to obtain a safe boating certificate.

If the kicker motor is an electric trolling motor my GUESS is it would be okay since I would classify that more as a thruster than an engine.

[hilltopper]

Originally Posted by martbri7

Two adults one has boater certificate other doesn't....boater with certificate drives boat to point "A"...sets up a kicker motor for fishing Salmon or trolling... can the boater with no certificate drive boat with the kicker motor which has horsepower less than 25 on and main motor off?

Thanks In Advance,

Brian

The way I read the law this should not be a problem. I'd be one PO'd fishermen if Marine Patrol harassed me while I was under power with my 9.9 HP kicker (even with my 115 HP outboard still in the water) with a non-licensed boater steering.

And remember, Marine Patrol needs a reason to pull you over. I'm trying to think how I could ever catch the attention/ire of Marine Patrol while trolling for salmon well below No Wake Speed with my 9.9 HP kicker. Maybe hanging off my downriggers in the nude? No way I could be violating the 150 foot rule at that speed....

[Kracken]

OK let’s just say:

3 people in a boat

Father, Mother, and 6 year old.

Father has NH Safe Boating Certificate
Mother does not
Kid...well he is 6

Father can operate
Mother can't operate
6 year old can???

This can't be.

[Bear Islander]

Originally Posted by Kracken

OK let’s just say:

3 people in a boat

Father, Mother, and 6 year old.

Father has NH Safe Boating Certificate
Mother does not
Kid...well he is 6

Father can operate
Mother can't operate
6 year old can???

This can't be.

And yet, it is!

And think about the people under 16 that can operate a 25 HP boat but are not allowed to take a safe boating course or get a certificate.

[Airwaves]

Now I think the uncertified fisherman CAN operate the boat as long as the engine is less than 25HP. Here is the wording of the RSA that I think allows it:

270-D:10 Certificate Required. –
I. No person born on or after the dates provided in this section shall operate a motorized vessel with any type of power motor in excess of 25 horsepower on the public waters of this state without first obtaining a certificate of boating safety education in accordance with this subdivision:

So I read that as allowing anyone to operate a boat with a motor less than 25hp. Above 25HP a 16 year old can operate a boat with a certified adult, but adults can not unless they are certified themselves.

Clear as mud for you?

[chriscraft208]

Originally Posted by Bear Islander

And yet, it is!

And think about the people under 16 that can operate a 25 HP boat but are not allowed to take a safe boating course or get a certificate.

My 13 year old son just came back from camp with a boaters ed certificate from mass. I guess they allow it. My question is is it valid in nh? When i took my cousre the mp said NH recognizes out of state certificates

[NoBozo]

Originally Posted by chriscraft208

My 13 year old son just came back from camp with a boaters ed certificate from mass. I guess they allow it. My question is is it valid in nh? When i took my cousre the mp said NH recognizes out of state certificates

I got my NASBLA Certificate a year ago in Rhode Island. There is no minimum age (RI) to take the proctored exam. I spoke with one of the administators about the NO minimum age requirement and he said....

"We have people younger than 16 taking the exam all the time, but our experience has been that those typically 14 or so and younger, more likely than not will FAIL the exam anyhow, so a minimum age isn't really necessary."

I can't answer your specific question concerning your son who holds the certificate but is not yet 16.. boating in NH. NB

[ossipeeboater]

Originally Posted by chriscraft208

My 13 year old son just came back from camp with a boaters ed certificate from mass. I guess they allow it. My question is is it valid in nh? When i took my cousre the mp said NH recognizes out of state certificates

he would still need to be under your supervision until 16 according to how I read the law. It is kind of amusing in the above scenario that the 6 year old can legally operate the boat and the mother can't although i have to say at 6 my son was far more comfortable running the boat than his mom and she has a certificate.

I think the allowable age for the safety class should come down because many of us allow our kids to drive the boat. I had my son take the snowmobile education class just before his 8th birthday even though he wasn't old enough to recieve the certificate and he learned a lot that he still remembers, teaching them the right way from a young age is better than trying to break bad habits later. .

[Kracken]

What I wouldn't give to have my wife drive the boat. I love cruising the lake but after a few hours I would love to take a break. My wife took the course, passed the test and proceeded to loose her certificate after driving the boat for about 15 minutes. I am not convinced she ever misplaced it. She said in May she was going to get it replaced, yep it’s almost September and it has not happened yet.

I call my 6 year old son my "first mate"; I call the wife "ballast".

[Mee-n-Mac]

Originally Posted by Kracken

.... I call the wife "ballast".

Wow, this has been a wet summer to spend all that time sleeping alone on the porch.

[Airwaves]

HERE is a summary of the Massachusetts law regarding boating certificates:

Minimum Age Restrictions. No person under 12 years of age may operate a motorboat, unless accompanied on-board and directly supervised by a competent person 18 years of age or older. Personal watercraft (PWC) users must still be at least 16 years of age in order to operate, with no exceptions.

Safety Education Certification. Youth who are between 12 and 15 years of age must complete an approved basic boating course in order to operate a motorboat without adult supervision. Upon successful completion of such a course, students are issued a state "boating safety certificate" which must be in the possession of the certified operator when underway. Personal watercraft users who are 16 or 17 years of age must also complete such a boating course. (Persons less than 16 years of age are not allowed to operate personal watercraft.)

As I read NH law your 13 year old would be subjected to the same rules as everyone else in NH until he/she became of age to boat in NH (16) at that point the question becomes does he/she have a certificate approved by NASBLA?

I would say he/she can start boating in NH alone when she/he turns 16. Prior to that? No.

[Phantom]

Airwaves is right on -- and to be PERFECTLY clear -- because this forum has muddied this questions answer before--

The Mass Boaters Certificate is NASBLA approved and so indicated on the card and has been checked numerous times in the past to be acceptable in New Hampshire!