kids and boating law question
 

First off if this is in the wrong forum I appologize, mods feel free to move it if necessary.
I have a question about the boating laws in NH.

A friend of my wifes told her that there is a new law this year, making it illegal to have a child under 18 lbs on a boat.
I have googled for hours and found nothing about this. Is there anyone here that can tell us if this is true or false?

Thanks, GrandPa Redneck

That's an easy one....FALSE!

Thank you, I felt that was the case but the woman was very adamant about it so i figured i should check into it before takin' the grandkids out.

Depends on the kid. What do you want the answer to be?:D

All five of our grand-kids were 1st out to Welch in their first year wearing an infant design PFD and being held by a parent who was wearing a PFD.

Only if their "GrandPa" is a "RednecK".

I want to know what the LAW is.

So far all 4 of ours have been out, we are expecting our 5th this July, the littlest one was barely 20 lbs at 2years old, but she was only 1 lb 2 oz at birth, and was on the boat at 6 months old. and yes they all wear their PFD's when underway.

http://i37.photobucket.com/albums/e6...N/IMG_0277.jpg

http://i37.photobucket.com/albums/e6...N/IMG_0211.jpg

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Some Laws you might be interested in.

HOUSE BILL 519
AN ACT requiring children 12 years of age or under to wear personal flotation devices.


270-D:7 Riding on Gunwales, Bow and Transom. – <CODESECT>No person shall operate a motorboat or ride as a passenger in a motorboat while sitting on either the starboard or port gunwales or the transom, and no person shall straddle the bow while the motorboat is in operation underway.

270-D:10 Certificate Required. – <CODESECT>
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:

(This one was phase in over time but now applies to everyone) I think the age to get a certificate is 16. So the little ones can no longer drive the boat.

270-D:3 Motorboats Towing Water Skiers and Aquaplanes. – <CODESECT>
I. No person shall operate a motorboat while towing water skiers, aquaplanes, or similar devices unless another person is present in the motorboat who is physically able to observe and assist the person or appurtenance being towed. The observer shall be 13 years of age or older.
II. The operator of the motorboat shall be responsible for compliance with the navigation requirements under this subdivision for both the vessel and the person or appurtenance being towed. In addition, any person being towed by a motorboat shall comply with all navigation rules.
III. No more than 2 persons may be towed on water skis, aquaplanes, or other devices from the same motorboat at the same time. When 2 persons are being towed, 2 observers, in addition to the operator, shall be in the towing vessel. Such observers shall be 13 years of age or older. Notwithstanding this paragraph, more than 2 skiers may be towed if a special permit is issued by the director.
IV. Except in connection with water events and exhibitions authorized by the director, no towing of water skiers, aquaplanes or similar devices shall be conducted during the period between sunset and sunrise.
V. No person shall be towed on water skis or other appurtenances unless the person is wearing a Coast Guard approved type 1, 2, or 3 PFD, except when directly participating or competing in an American Water Ski Association approved event or exhibition, authorized by a special permit issued by the director of safety services.

Thanks Rattlesnake Guy, we got all that info when we took the safety certificate course 2 years ago.

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

A person under 16 years of age only if he or she is accompanied by a
person 18 years old or older who has a valid Safe Boater Education
Certificate. The accompanying person is responsible for any injury or
damage caused during operation of the vessel.
A person 16 years of age or older only if he or she has obtained a Safe
Boater Education Certificate. *

I copied this directly from the boaters guide for NH.

You are correct. 4 year old can drive but a 16 year old can't. Dumbest rule I have ever heard.

I agree with you there, I personally feel the law should be anyone can drive as long as some one with a boating certificate is on board(and sober) similar to getting a cdl drivers license when I got mine many years ago I spent 2 weeks driving the routes with the regular driver with me, then went and took the test, and passed with no problems. I feel it was because of the 2 weeks of practical experience as well as reading the book.
But most laws seem to be written by idiots with no common sense, this is just another perfect example.

The reasoning as I understand it is:

a) The safety test is written with no boat operation required, so there is no need for learning to drive a boat before taking the safety test. No learners permits needed. Take the safety test, then someone can teach you to drive a boat.

b) If they allowed anyone to drive with a licensed driver on board, then the second drivers, or occasional drivers would never get licenses. They want as many people safety educated as possible.

JRC, I agree no driving experience is "needed" to pass the test as both my wife and myself took the class and passed with no problems and no previous experience, but hands on practical experience would definately be helpfull to anyone planning on operating a boat. at least in my opinion.

I've always said that you could pass that test with flying colors,

And still be in trouble the moment you embark on your maiden voyage

Agreed Jeff, unfortunately I think there is no way to get a law in place that would require a "road" test!

MP: "I suspect your child may be under the 18-pound limit. Please hand her over to my vessel for a weight measurement." :eek:

RG, just to clarify your post because some might not have understood it:

There are 3 people in a boat. A toddler, "Uncle Larry" (with no cert), and "Dad" (certified).

As long as Dad is in the boat, the 4 year-old can legally drive it. However, if Uncle Larry took the wheel, that would then be illegal (even with Dad).

"Dumbest" is about right.

That was pointed out many times, but was misunderstood by some to mean a loss of rights for their 12 YO. The goal was to eliminate the loophole that exists (the Dumb part), and revise the law so that children could take part in the educational aspects of the safety certificate.

I doubt the existing law has caused any real problems. But it wasn't written well, and should be revised so common sense prevails.

Sounds like your wife's friend might have confused the USCG's current guidelines on PFDS for infants with a law. From the USCG website:

"Question: What PFD does the Coast Guard recommend for infants.

USCG response: The Coast Guard does not recommend taking infants onboard a recreational boat. The PFDs currently available for newborns up to 18 pounds may not provide a proper fit to perform as expected. Unless the parent is able to test their newborns out in a PFD, sized for infants, in a swimming pool, they will not know if that device will float their child with his/her head out of the water. You must be sure you know the PFD you have works for your infant. Otherwise we recommend the child not be exposed to any risk in a boat on the water."

Typical
 

What do you do? Leave them in the car or give up boating until the kid gets bigger! Typical USFG

I don't think the USCG is considering people that LIVE on an island. I have seen an infant under one week old come over in a boat. The life jacket was a joke. Like putting socks on a rooster.

Also funny how they call it a "recreational boat". I have used my boat for several things that would NOT be considered recreation.