Boat License Question

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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.