Marine Patrol, Friday Night (4rth) at Weirs

NightWing · 07-14-2008, 10:43 AM

Quote:

Originally Posted by Airwaves

3. If you are stopped by a NH Marine Patrol boat ask them, nicely, why they are stopping you. If they say a "routine safety check" then I would (again nicely) question their authority to stop you for a "routine safety check" by contacting THEIR SUPERVISOR FIRST via Cell or VHF.

Marine Patrol has the authority to stop any vessel at any time to perform a safety inspection. That has been posted here before.

However, their policy has been not to stop a boat for an inspection, but to inspect every boat that is stopped. That has also been posted before.

The officer should tell you the reason for the stop. Shortly thereafter, he/she will begin a safety check.

For some reason, that initial conversation is forgotten by many posters here and all they can remember is the safety inspection....and that evolves into a statement that they were stopped for a safety inspection which is not the case.

If anybody doubts the policy, call NHMP. 293-2037

jrc · 07-14-2008, 01:45 PM

Quote:

Originally Posted by NightWing

Marine Patrol has the authority to stop any vessel at any time to perform a safety inspection. That has been posted here before.

And refuted here before.

Quote:

Originally Posted by NightWing

However, their policy has been not to stop a boat for an inspection, but to inspect every boat that is stopped. That has also been posted before.

And refuted here before.

Quote:

Originally Posted by NightWing

If anybody doubts the policy, call NHMP. 293-2037

Always good advice

Airwaves · 07-14-2008, 01:55 PM

Where did I tell anyone to be a jerk? I said nicely! There are ways to do step number three without being a jerk!

As for questioning authority, I believe I read on this forum over the past couple of years the story of a NHMP officer stopping one of our members for violation of the safe passage law in which the NHMP officer told the forum member that 150 feet was the length of THREE FOOTBALL FIELDS!

Earlier this summer someone posted that the NHMP told them his 16 year old was required to wear a life jacket.

They make mistakes and if you call HQ to question their decision there should be no problem as long as you're not a jerk.

As for my suggestiong about carrying and maintaining a ships log, do what you want but if something happens and I'm not just talking about a run in with the NHMP a properly maintained log can be helpful.

Mee-n-Mac · 07-14-2008, 02:58 PM

Quote:

Originally Posted by NightWing

Marine Patrol has the authority to stop any vessel at any time to perform a safety inspection. That has been posted here before.
{snip}

If anybody doubts the policy, call NHMP. 293-2037

I suggest you make that call. If I understand it properly, in NH v McKeown the Supreme Court ruled that the defendant had been "stopped" and therefore normal operating procedures, consistent with the laws of NH, must be applied. From the link below .... (emphasis added my me)

"SOP 2010 requires that "Marine Patrol Officers must operate in a uniform manner, consistent with applicable statutes and case law in conducting routine operations relating to stopping and detaining boaters on public waters." The SOP instructs officers that "boats shall not be stopped on the public waters for purely discretionary reasons." It further provides, in relevant part, that "[t]here must exist in the opinion of the Marine Patrol Officer, at a minimum, an articulable suspicion that the operator, or other occupant of the boat is in violation of some criminal or boating law, rule, or regulation; . . . or that the boat lacks the required safety equipment." As defined by the SOP, articulable suspicion includes, but is not limited to, "visual, audible, tactile, or other sensations experienced by the officer, which give rise to an apprehension on the officer’s part, that the conditions" set forth above exist."

http://www.nh.gov/judiciary/supreme/...4/mckeo073.htm

Whether you agree (or not) that the PFD inquiry was a "stop" or whether there was sufficient cause to be "stopped", the law stands that you can't be stopped unless there's good reason to suspect you're in violation of some rule or regulation.

NightWing · 07-14-2008, 05:04 PM

M&M, please don't take that out of context. I posted the fact that boats are not stopped just for inspection, even though the authority exists. The post was in reply to those countless questions and remarks about being stopped for an inspection. No, there must be a valid reason to stop the boat and once stopped and the violation discussed, the boat will be inspected.

07-14-2008, 01:55 PM	#3
Airwaves Senior Member Join Date: Feb 2006 Location: I'm right here! Posts: 1,153 Thanks: 9 Thanked 102 Times in 37 Posts	Where did I tell anyone to be a jerk? I said nicely! There are ways to do step number three without being a jerk! As for questioning authority, I believe I read on this forum over the past couple of years the story of a NHMP officer stopping one of our members for violation of the safe passage law in which the NHMP officer told the forum member that 150 feet was the length of THREE FOOTBALL FIELDS! Earlier this summer someone posted that the NHMP told them his 16 year old was required to wear a life jacket. They make mistakes and if you call HQ to question their decision there should be no problem as long as you're not a jerk. As for my suggestiong about carrying and maintaining a ships log, do what you want but if something happens and I'm not just talking about a run in with the NHMP a properly maintained log can be helpful.

07-14-2008, 05:04 PM	#5
NightWing Senior Member Join Date: Aug 2004 Posts: 410 Thanks: 4 Thanked 6 Times in 6 Posts	M&M, please don't take that out of context. I posted the fact that boats are not stopped just for inspection, even though the authority exists. The post was in reply to those countless questions and remarks about being stopped for an inspection. No, there must be a valid reason to stop the boat and once stopped and the violation discussed, the boat will be inspected.