Boaters certificate question

[bilproject]

Bear Islander is right in this matter. New Hampshire has a resiprocity statue that agrees to accept among other things such as drivers license, a legal safe boating certificate (legal as defined by the issuing state) from any other state. This is designed to allow for free movement and travel about the country as required by the constitution and more so to get the torista bucks. Now the fly in the ointment might be that someone moves say from Maine to New Hampshire. Once a resident they would have to comply with the law in effect at that time in New Hampshire.

The end result is that if you can buy a state issued safe boaters certificate in Nevada from a hot dog vendor then New Hampshire is bound to accept it as meeting their requirement when presented by a non resident visiting the state. When the certificate is obtained, today or 10 years ago is of no consideration.

The legal argument is bull to. You would have just as big a legal problem if your proctored coarse certificate was over 5 years old and you had not attended any refresher coarse. Believe me if you are negligent in the operation of your boat, the more training and experience you have will hurt your pocket more in a court settlement than your ignorance. A violation by a novice is a mistake. A violation by an experienced trained person is willful.

I for one have a certificate from New Hampshire and my home state of NJ. We have always had a 16 hour class and 100 question proctored test. Soon we will have boat operator listed on our drivers license. Then boating infractions will go against our drivers license. This will also require an operator of a power boat over 10 HP to be at least 17.

As Bear Islander said the simple answer is YES a legal Maine certificate must be recognized by NH.

[Skip]

Originally Posted by bilproject

...Bear Islander is right in this matter. New Hampshire has a resiprocity statue that agrees to accept among other things such as drivers license, a legal safe boating certificate (legal as defined by the issuing state) from any other state. This is designed to allow for free movement and travel about the country as required by the constitution and more so to get the torista bucks. Now the fly in the ointment might be that someone moves say from Maine to New Hampshire. Once a resident they would have to comply with the law in effect at that time in New Hampshire...

This has also been explained in detail in a previous thread.

The statute that allows reciprocity between states in reference to driver's licenses is a clear and specific statute related to motor vehicles. In addition, while you are free to move about the country you are not constitutionally guaranteed the "right" to a driver's license....in fact a driver's license is a privilege that is heavily regulated by the State of issuance.

And even with reciprocity you must still follow reasonable guidelines and restrictions of the particular state you are operating in. In the case of motor vehicle laws, age of operation is a perfect example. In some States 14 and 15 year olds are allowed to drive under certain licenses. However, they cannot use that license in NH under the current reciprocity clause. They must meet the higher age standard NH has imposed on its driver's while in the State of New Hampshire.

Finally, the reciprocity clause that State's utilize in reference to driver's licenses aren't tied to constitutional arguments, rather they are guidelines imposed and encouraged on States by the Federal Government. And how do the Feds keep States in line? Why easy, either comply with federal guidelines or lose federal highway dollars. Perfect example? Federally imposed speed limits on state and local roadways.

Anyway, this theory has already been discussed and debunked in a number of previous threads.....

In closing I once again will offer up another infamous boating regulation example often quoted in from the "Boater's Guide" as gospel, when in deed no such general legislation exists in this State.

Someone please show me the RSA or Administrative Code that bans all watercraft from overnight mooring in New Hampshire without the necessary permit.

My .02

[Ropetow]

Originally Posted by bilproject

Now the fly in the ointment might be that someone moves say from Maine to New Hampshire. Once a resident they would have to comply with the law in effect at that time in New Hampshire.

Here's an odd one for you. I know a guy who lives in the western part of the state and did his boating in VT. He and the family got their licenses/certificates for VT online. They are issued by the VT State Police and have the NASBLA approval. He now boats on the Big Lake also. Logic tells me that he'd need a NH certificate, since they are NH residents (and were when they got their certificates) and their VT certificates were earned online. He said the Boater Ed folks at the Dept of Safety / MP offices told him no, his VT certificate was fine as it was issued by the state and it doesn't matter where he lives. Where's the logic here?

[Biggus]

Very interesting, I see the state of Maine does not offer a boaters safety course.

http://www.boat-ed.com/#states

Looks like I will be attending the NH course after all.

Thanks for the help folks!

[Airwaves]

Originally posted by bilproject
Bear Islander is right in this matter. New Hampshire has a resiprocity statue that agrees to accept among other things such as drivers license, a legal safe boating certificate (legal as defined by the issuing state) from any other state.

Actually when it comes to the boating certificate that's not quite true. NH does not recognize ALL out of state boating certificates.

For example there is no mandatory boating certificate law in Massachusetts, so NH does not recognize one that is issued by the Massachusetts Environmental Police.

NH only recognizes out of state certificates that meet or exceed NASBLA standards. Check with the Marine Patrol to see if the list includes your state.

[Bear Islander]

Originally Posted by Airwaves

Actually when it comes to the boating certificate that's not quite true. NH does not recognize ALL out of state boating certificates.

For example there is no mandatory boating certificate law in Massachusetts, so NH does not recognize one that is issued by the Massachusetts Environmental Police.

NH only recognizes out of state certificates that meet or exceed NASBLA standards. Check with the Marine Patrol to see if the list includes your state.

Wrong Again.

A Certificate from the Massachusetts Environmental Police is good in New Hampshire.

[Skip]

Originally Posted by Bear Islander

...A Certificate from the Massachusetts Environmental Police is good in New Hampshire...

That is correct. This course is a NASBLA certified proctored classroom course and exam offered free by the MA Environmental Police, and has a reputation of being an excellent source of boating education.

If you are from the commonwealth you can read more about the course HERE and get details on how to enroll in a class near you, if need be.

[Phantom]

ABSOLUTELY WRONG AIRWAVES !!

First of all - Mass does have a mandatory Boater Ed Cert course in place and has had one long before NH.

Second - it's a class room based course with proctored exam.

Third -- If completed, it is NASBLA approved

The difference between the Mass law and other states is that it is only Required of "minors" (under the age of 18, but older than 10, as I recall) to have if operating a powercraft or PWC. It is only recommended for adults.


It is Amazing how we can turn a simple question thread into a debate!! Boggles my mind.

[Neanderthal Thunder]

Originally Posted by Phantom

It is Amazing how we can turn a simple question thread into a debate!! Boggles my mind.

We're trying to clear things up. Ignorance of the law is no excuse, you know!

[Seeker]

Originally Posted by Biggus

Very interesting, I see the state of Maine does not offer a boaters safety course.

http://www.boat-ed.com/#states

Looks like I will be attending the NH course after all.

Thanks for the help folks!

You may also take the US Power Squadron course with proctored exam although it usually runs 6 or 7 2 hour classes and may put you into boating season before you complete it.

[Sunset Bob]

I took the online test the last day you could in NH (12/31/06) but the date issued is 2/5/07. I took the test online before the deadline but date of issue is after the deadline is my certificate legal?
My certificate is from the state of NH and is NASBLA appoved

[KonaChick]

Originally Posted by Sunset Bob

I took the online test the last day you could in NH (12/31/06) but the date issued is 2/5/07. I took the test online before the deadline but date of issue is after the deadline is my certificate legal?
My certificate is from the state of NH and is NASBLA appoved

I did the same thing and no need to worry, we're fine.

[Sunset Bob]

Originally Posted by KonaChick

I did the same thing and no need to worry, we're fine.

Thanks KonaChick that is what I thought but wasn't sure.

[Airwaves]

Don't get your knickers all in a bind!

Originally posted by Phantom:

ABSOLUTELY WRONG AIRWAVES !!

First of all - Mass does have a mandatory Boater Ed Cert course in place and has had one long before NH.

Second - it's a class room based course with proctored exam.

Third -- If completed, it is NASBLA approved

The difference between the Mass law and other states is that it is only Required of "minors" (under the age of 18, but older than 10, as I recall) to have if operating a powercraft or PWC. It is only recommended for adults.


It is Amazing how we can turn a simple question thread into a debate!! Boggles my mind.

I thought I had read somewhere that NH did not accept a Mass certificate because Massachusetts does not have a mandatory boater education law. Massachusetts boater education law is very limited.

http://www.mass.gov/dfwele/dle/boatinglawsummary.htm
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.)