Quote:
Originally Posted by BroadHopper
...This has always been a touchy subject with MP jurisdiction. In the case for Pickeral Pond, if an amphib lands, it is a boat and MP may or may not consider it a sea plane because it is not by law. That is why the speed limit rule in Winnipesaukee will be tested in this matter. During the 'stepping' out of the water to airspace and vice versa, it is a gray area in which both FAA and MP will argue that it is one or the other. I would love to see how this 'play' if it ever enters court.  |
It will never end up in Court because there is no "gray area" here. While we have covered this before, seaplanes are specifically exempt from boating regulations while using water to take off or land. Therefore they are specifically exempt from the speed limit regulations while taking off and landing:
270:13-a Operation of Seaplanes or Helicopters on Public Waters. –
I. Any seaplane or any helicopter on floats which lands on public waters shall be exempt from all laws and rules concerning the operation of boats for the purpose of landing and taking off from such public waters.
422:27 Seaplanes in Operation on Public Waters. –
I. All seaplanes shall be considered boats while in operation on the waters of the state and shall be subject to the marine rules of navigation, except that they shall be exempt from all laws and rules concerning the operation of boats for the purpose of landing and taking off from such public waters.
II. The operation of seaplanes shall be subject to any restrictions placed upon the use of public waters by rules adopted by the department of safety or the department of environmental services.
To hopefully answer some other questions posed here.
A violation of the seaplane regulation enacted by the State, or any violation enacted by a local jurisdiction is enforceable by any law enforcement officer of the State of New Hampshire. This is defined in regulations contained in RSA 442 and includes all local, county, state, NHMP or Fish & Game officers. Civil or administrative actions are handled by the appropriate civilian personnel within the DOT itself:
422:5 Enforcement of Laws. –
I. The provisions of this chapter providing for civil or administrative sanction shall be enforced by the director and department employees, in accordance with procedures adopted pursuant to RSA 541-A.
II. The provisions of this chapter providing for criminal sanction shall be enforced by any police and law enforcement officer, including, but not limited to, members of the state police, sheriffs, deputy sheriffs, policemen, and constables and all persons empowered to make arrests in criminal cases.
Finally, there are three separate State agencies that have the power to restrict seaplanes from bodies of water in the State of New Hampshire. The main agancy, mentioned above, is the Department of Transportation. That particular commissioner is tasked with overseeing all aeronautical activity in the State and is the individual with the most power in granting or removing air rights from any landing area in the State. Another State agency that has the power to limit or revoke seaplane activity from lakes, rivers & ponds is the Department of Environmental Services. They can invoke restrictions, and have in the past, to prevent degradation of water quality. And finally, by statute, the Commissioner of Safety can impose restrictions as previously discussed here.