[Island Lover]

No, it's not a joke. HB1463 now zipping through the legislature will outlaw swimming in NH lakes unless you accompanied by a boat or are within 150' of shore. I wonder what the "live free or die" crowd will think of this. What about "live free or drown".

Another part of the proposed law says that you must have an orange light 12 inches under your white light at night. I wonder if Perko makes a light stick like that?

Yet another part of the legislation says the observer must wave a flag when a water skier or tuber falls. No mention how big, what color etc.

Additionally all human powered boats like kayaks, canoes and row boats must have a sound signal device and display a conspicuity flag. Flag makers are going to make a killing!

Also you may not use lights on shore that are similar to boat lights. Looks like Three Mile Island will have to turn off their red and green boathouse lights.

Finally the on-line boating test is gone and you must take an in the water boating test to be certified. (The in the water part may be eliminated before it passes)

The proposed bill will have a lot more impact on every day use of the lake than HB162, yet it is almost unknown.

...............................................
STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to boating and water safety.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Operation of Boats; Flag Required. Amend RSA 270 by inserting after section 30-c the following new section:

270:30-d Flag Required. Any person operating a kayak, rowboat, canoe, or any similar vessel not displaying sails more than 150 feet from shore shall carry, in a readily accessible place, a horn, whistle, or other sound-producing device to warn oncoming vessels of his or her presence. Such operator shall also display a flag of a size and type approved by the commissioner of safety to improve the operator’s visibility to oncoming vessels. This section shall not apply to a vessel operated in a water event permitted under RSA 270-D:4. Any person violating this section shall be guilty of a violation.

2 New Section; Operation of Boats; Lights Required. Amend RSA 270 by inserting after section 30-d the following new section:

270:30-e Lights Required. Any person operating any vessel between the hours 1/2 hour before sunset and 1/2 hour after sunrise shall display 2 lights visible for 360 degrees and for a distance of 2 miles. One light shall be white and the other light shall be orange and be displayed at least 12 inches lower than the white light. Any person violating this section shall be guilty of a violation.

3 Motorboats Towing Water Skiers and Aquaplanes; Flag Required. Amend RSA 270-D:3, I to read as follows:

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. The observer shall display a flag when the person being towed has fallen.

4 New Section; Boating and Water Safety; Shore Lights. Amend RSA 270-D by inserting after section 7 the following new section:

270-D:7-a Shore Lights. No person shall display, at any point on the shore visible from the water, any lights that resemble in color or configuration the required navigation lights of any vessel.

5 New Section; Boating and Water Safety; Swimming. Amend RSA 270-D by inserting after section 7-a the following new section:

270-D:7-b Swimming. No person may swim more than 150 feet from shore unless accompanied by a vessel with an operator and observer, one of whom has the physical capacity to assist the swimmer aboard the vessel when necessary. No vessel may accompany more than 2 swimmers. This section shall not apply to swimming in state-designated swim areas. The commissioner may, by rule, establish additional exceptions to the requirements of this section for operators of youth camps, swim meets, and schools, and for other water events permitted under RSA 270-D:4.

6 Safe Boater Education; Certificate Required. Amend RSA 270-D:10, I to read as follows:

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 or any sailboat over 20 feet in length on the public waters of this state without first obtaining a certificate of boating safety education in accordance with this subdivision:

Date of Birth Certificate Required

January 1, 1983 January 1, 2002

January 1, 1977 January 1, 2003

January 1, 1973 January 1, 2004

January 1, 1967 January 1, 2005

January 1, 1963 January 1, 2006

January 1, 1957 January 1, 2007

All January 1, 2008

7 New Paragraph; Issuance of Safe Boater Education Certificate; Examinations. Amend RSA 270-D:13 by inserting after paragraph I the following new paragraph:

I-a. Every course or examination approved under paragraph I shall include an oral examination and a practical demonstration, in water, of boating safety knowledge and boat handling ability. The commissioner may authorize private entities or individuals to administer the oral examination and practical demonstration in accordance with rules adopted by the commissioner.

8 Safe Boater Education; Temporary Certificate. RSA 270-D:14 is repealed and reenacted to read as follows:

270-D:14 Temporary Certificate. The commissioner may issue a temporary certificate of safe boating education to a person 16 years of age or older who passes a temporary safe boater examination administered by the department through the Internet. The temporary certificate of safe boater education shall be valid until the date scheduled by the applicant for the oral examination and practical demonstration required by RSA 270-D:13, I-a, but in no case for longer than 90 days. The temporary certificate shall entitle the holder only to operate a vessel on the public waters of New Hampshire.

9 Effective Date.

I. Sections 1, 3, and 5 of this act shall take effect January 1, 2007.

II. Sections 2, 6, 7, and 8 of this act shall take effect January 1, 2008.

III. The remainder of this act shall take effect upon its passage