New Hampshire:The Legal Requirements of Boating

Transcription

1
New Hampshire: The Legal Requirements of Boating
Your Vessel’s Certificate of Registration and Decal
◆◆Requirements for vessel registration vary from state to state. In New
Hampshire, you must have a Certificate of Registration and validation decals
to operate a vessel on public waters. This includes motorboats of any size, and
sailboats or sailboards 12 feet in length or longer. The only exceptions are:
• Sailboats and sailboards under 12 feet in length
• Other small, non-motorized vessels such as canoes and kayaks
• Vessels registered in other states using New Hampshire waters for 30 or fewer
consecutive days
Certificate of Registration
• Vessels owned or operated by the U.S. government
The Certificate of Registration must be carried
◆◆The Certificate of Registration and validation decals are obtained by submitting on board whenever the vessel is operated.
the proper application and fee to the Department of Safety, Division of Motor
Vehicles, or one of its authorized agents.
◆◆The Certificate of Registration must be on board and available for inspection by an
enforcement officer whenever the vessel is operated.
◆◆The registration number and validation decals must be displayed as follows.
• Number must be painted, applied as a decal, or otherwise affixed to both
sides of the forward half of the vessel such that it is clearly readable
• Number must read from left to right on both sides of the vessel.
• Number must be in at least three-inch-high BLOCK letters.
• Number’s color must contrast with the hull background.
• Letters must be separated from the numbers by a hyphen or a space:
NH 3717 ZW ■
NH‑3717-ZW or NH 3717 ZW.
• Decals must be placed on both sides of the bow within six inches of and to
the right of the number.
◆◆Sailboats that are at least 12 feet but less than 20 feet in length need to display the
Spaces or
validation decals only (not the number) within two feet of the extreme forward
hyphens should
part of the bow.
appear here.
◆◆If your vessel requires registration, it is illegal to operate it or allow others to
Validation Decal
operate your vessel unless it is registered and numbered as described above.
Other Facts about Registering and Titling Your Vessel
◆◆The Certificate of Registration expires on December 31 of each year. Owners
of vessels that have been registered previously will be sent a renewal notice.
◆◆The owner of a numbered vessel must notify the Department of Safety,
Division of Motor Vehicles, within 15 days if he or she changes address or if
the vessel is lost, stolen and/or recovered, destroyed, abandoned, or sold.
◆◆Vessels registered in another state may operate on New Hampshire waters for
30 consecutive days before New Hampshire registration is required.
◆◆If you lose or destroy your Certificate of Registration or decals, you must apply
for a duplicate and submit a processing fee.
◆◆Larger recreational vessels owned by U.S. citizens may (at the option of the
owner) be documented by the U.S. Coast Guard (USCG). Call the USCG at
1-800-799-8362 for more information. Documented vessels also must obtain
a New Hampshire registration and carry the Certificate of Registration on
board. However, these vessels are not required to display their registration
number, but they must display the validation decals within two feet of the
extreme forward part of the bow.
Copyright © 2010 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects
or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information
contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244
NH 381
8
ZW ■
PWCs also are required to display
the certificate’s number and
validation decals.
Registration Questions?
Contact the New Hampshire
Department of Safety, Division
of Motor Vehicles, by calling
603-271-2333.
2
■ State Law
Hull Identification Number
Hull Identification Number
ABC 67689 B6 06
Manufacturer’s
Identification
Code (MIC)
Hull Serial
Number
Date of
Model
Manufacture Year Remember …
Those required to have a Safe Boater
Education Certificate must carry the certificate on board whenever they are operating a
vessel powered by more than 25 horsepower.
◆◆The Hull Identification Number (HIN) is a unique, 12-digit number assigned
by the manufacturer to vessels built after 1972.
◆◆Hull Identification Numbers:
• Distinguish one vessel from another—the same as serial numbers distinguish
one car from another.
• Are engraved in the fiberglass or on a metal plate permanently attached to
the transom.
◆◆You should write down your HIN and put it in a place separate from your
vessel in case warranty problems arise or your vessel is stolen.
◆◆Owners of vessels manufactured after October 1, 1972, or of homemade vessels
that do not have a HIN should notify the Department of Safety, Division of
Motor Vehicles.
Who May Operate a Vessel
◆◆A vessel powered by 25 horsepower or less does not require the operator to
have a Safe Boater Education Certificate.
◆◆A “ski craft” (motorized vessel less than 13 feet long that is capable of
exceeding 20 miles per hour and has the capacity to carry no more than an
operator and one other person) may be operated only by persons who are 16
years old or older and who have a valid Safe Boater Education Certificate.
◆◆A vessel powered by more than 25 horsepower (other than a “ski craft”)
may be operated by:
• A person under 16 years of age only if he or she is accompanied by a person
18 years old or older who has a valid Safe Boater Education Certificate. The
accompanying person is responsible for any injury or damage caused during
operation of the vessel.
• A person 16 years of age or older only if he or she has obtained a Safe Boater
Education Certificate.
◆◆A Safe Boater Education Certificate may be obtained by persons 16 years of
age or older only and must be carried on board.
• New Hampshire accepts the following boating education certificates:
-- A boating certificate issued by another State agency and NASBLA
approved.
-- A boating certificate issued by the US Power Squadron.
-- A boating certificate issued by the US Coast Guard Auxiliary.
-- An unexpired commercial boating license issued by the US Coast Guard.
-- An unexpired commercial boating license issued by the State of New
Hampshire.
• If you wish to operate a motorboat on New Hampshire waters and
you do not have any of the above certificates, please visit our website
boatingeducation.nh.gov, or call us at 1-888-254-2125.
State Law ■
Unlawful Operation of a Vessel
New Hampshire law states that these dangerous operating practices are illegal.
◆◆Failure to Follow the Navigational Rules is not observing the navigational
rules described in Chapter 3. In addition, it is unlawful to:
• Fail to stop or reverse when it appears that there is danger of collision.
• Change course suddenly without first determining that it can be done
without crossing immediately ahead of another vessel.
◆◆Unsafe Passage is not maintaining a proper speed or distance while operating a
vessel or while towing a person on water skis or any similar device. Specifically,
the following operations are illegal.
• Operating a vessel at greater than headway speed if within 150 feet of:
-- Swimmers in the water
-- Other vessels
-- Rafts or floats
-- Permitted swimming areas
-- Docks or mooring fields
-- The shoreline
• Operating a vessel at greater than headway speed while within 150 feet of a
bridge or while passing under a bridge
• Overtaking another vessel at a distance and speed such that your wake causes
danger or damage
◆◆Riding on the Bow, Gunwales, or Transom is allowing passengers to ride on
a power-driven vessel in places where there may be a chance of falling overboard
while underway. This includes passengers straddling the bow or riding on the
gunwales or transom.
◆◆Overloading is loading the vessel with gear or passengers beyond its safe
carrying capacity, taking into consideration weather and other operating
conditions.
◆◆“Ski craft” (motorized vessels less than 13 feet long that are capable of
exceeding 20 miles per hour and with capacity to carry no more than two
persons) have additional regulations they must follow (see page 35).
3
Remember …
As the owner of a vessel, you are responsible
for any injury or damage caused by others you
allow to operate your vessel.
headway speed
The slowest speed at which it is still possible to
maintain steering or 6 miles per hour
overboard
Over the side or out of the vessel
gunwale
Upper edge of vessel’s side (generally
pronounced “gunnel”)
Homeland Security Restrictions
Recreational boaters have a role in keeping our waterways safe and secure.
◆◆Violators of the restrictions below can expect a quick and severe response.
• Do not approach within 100 yards and slow to minimum speed within 500
yards of any U.S. Naval vessel. If you need to pass within 100 yards of a U.S.
Naval vessel for safe passage, you must contact the U.S. Naval vessel or the
U.S. Coast Guard escort vessel on VHF-FM channel 16.
• Observe and avoid all security zones. Avoid commercial port operation areas,
especially those that involve military, cruise-line, or petroleum facilities.
• Observe and avoid other restricted areas near dams, power plants, etc.
• Do not stop or anchor beneath bridges or in the channel.
◆◆Keep a sharp eye out for anything that looks peculiar or out of the ordinary.
Report all activities that seem suspicious to the local authorities, the U.S. Coast
Guard, or the port or marina security.
Avoid all security zones and restricted areas.
Keep a sharp eye out for anything that looks
peculiar or out of the ordinary.
■ State Law
4
Alcohol and Drugs
The best thing
you can do for your safety and
the safety of your passengers and
other boaters is simple ...
Don’t Drink and Boat!
Because you can drink faster than your system can
burn off the alcohol, there is an increasing level of
alcohol in your blood. This level is referred to as
Blood Alcohol Concentration (BAC).
Areas of Impairment Due to
Blood Alcohol Concentration (BAC)
moor
To keep a vessel in place by setting anchor or
tying the vessel to a fixed object or buoy
New Hampshire law prohibits anyone from boating while intoxicated (BWI)—
that is, operating any vessel (including vessels propelled by a motor or sail, canoes,
and kayaks) while under the influence of alcohol, controlled drugs, or any combination of alcohol and controlled drugs. Alcohol and drugs cause impaired balance,
blurred vision, poor coordination, impaired judgment, and slower reaction time.
Alcohol is a major contributor to boating accidents and fatalities. Read more about
the effects and risks of consuming alcohol in Chapter 5.
◆◆The following conditions determine if you are boating under the influence.
• If your blood alcohol concentration is 0.08% or greater by weight of alcohol
as determined by a breath, blood, or urine test, you are considered to be
under the influence of alcohol.
• If your blood alcohol concentration is greater than 0.03% but less than
0.08% by weight of alcohol as determined by a breath, blood, or urine test,
that fact along with other evidence can be used to determine if you are under
the influence.
◆◆New Hampshire law establishes the following penalties.
• Persons convicted of boating under the influence will:
-- Lose the privilege to operate a vessel for at least one year.
-- Have the BWI conviction become part of their motor vehicle driving
record.
-- Receive a fine.
-- Have their driver’s license or privilege to drive a motor vehicle revoked for
not less than nine months, not to exceed two years.
• If convicted of boating under the influence while transporting a person
under 16 years of age, the operator must complete a seven-day residential
intervention program at their own expense, in addition to the penalties
above.
• Any person convicted of a subsequent offense—BWI or DWI—faces
enhanced penalties.
• If a person boating under the influence causes the death of another person,
he or she may be charged with a felony.
◆◆By operating a vessel on New Hampshire waters, you have consented to a
sobriety test if requested by a law enforcement officer. Refusal to be tested
is a separate offense and may be offered as evidence in a civil or criminal
action.
Obstructing Navigation
Vessel operators should always be considerate of other vessel operators even when
stopping to anchor or moor. Keep in mind that it is illegal to:
◆◆Operate any vessel in such a way that it will interfere unnecessarily with the safe
navigation of other vessels on the waterway.
◆◆Place an obstruction in the water that is dangerous to others’ navigation.
◆◆Anchor a vessel in the traveled portion of a river or channel that will prevent or
interfere with any other vessel passing through the same area.
◆◆Moor or attach a vessel to a buoy (other than a mooring buoy), beacon, light,
or any other navigational aid placed on public waters by proper authorities.
◆◆Move, displace, tamper with, damage, or destroy any navigational aid.
◆◆Obstruct a pier, wharf, boat ramp, or access to any facility.
◆◆Cut loose any vessel that is moored or at anchor without the permission of the
owner.
◆◆Anchor overnight on any inland body of water.
State Law ■
5
Personal Flotation Devices (Life Jackets)
All vessels must be equipped with U.S. Coast Guard–approved life jackets, called
personal flotation devices (PFDs). The quantity and type depends on the length
of your vessel and the number of people on board and/or being towed. Each PFD
must be in good condition, be the proper size for the intended wearer, and very
importantly, be readily accessible! Readily accessible means you must be able to put
the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire,
etc.). PFDs should not be stowed in plastic bags or in locked or closed compartments, and they should not have other gear stowed on top of them.
Vessel operators should ask everyone on their vessel to wear a PFD (life jacket)
whenever on the water. Life jackets can save lives, but only if they are worn!
An emergency
situation (rough water,
rapid onset of bad weather, or dangerous
boating traffic) can occur suddenly—
leaving little or no time to put on life
jackets. Life jackets are very difficult to put
on once you are in the water. Be a smart
boater, and have everyone on board your
vessel wear their life jackets at all times.
Types of Personal Flotation Devices
PFD Requirements
PFD Descriptions
• All vessels must carry one
wearable (Type I, II, III, or V)
USCG–approved life jacket (PFD) for
each person on board. Type V PFDs
must be worn to be acceptable.
TYPE I: Offshore Life Jackets
Read and follow the label restrictions on all PFDs.
These vests are geared for rough or remote
TYPE I
waters where rescue may take awhile. They
provide the most buoyancy, are excellent for
flotation, and will turn most unconscious
persons face up in the water.
• All life jackets must be in good and
serviceable condition and must be
readily accessible. The life jackets must
be of the proper size for the intended
wearer. Sizing for life jackets is based
on body weight and chest size and can
be determined by the manufacturer’s
label.
TYPE II: Near-Shore Vests
These vests are good for calm waters when
quick assistance or rescue is likely. Type II
vests will turn some unconscious wearers
face up in the water, but the turning is not
as pronounced as with a Type I.
TYPE II
TYPE III
TYPE III: Flotation Aids
These vests or full-sleeved jackets are good
• In addition to the above requirements, for calm waters when quick assistance or
rescue is likely. They are not recommended
vessels 16 feet in length or longer
for rough waters since they will not turn
(except canoes and kayaks) must
most unconscious persons face up. Type
have one Type IV USCG–approved
throwable PFD on board and immedi- III PFDs are used for water sports, such
as water-skiing. Some Type III PFDs are
ately available.
designed to inflate when you enter the
• Children 12 years of age and younger water.
must wear a USCG–approved life
jacket at all times while underway on
a vessel, unless the vessel is completely
enclosed by railings at least three feet
high and constructed such that a small
child cannot fall through them. It is
strongly recommended that children of
all ages wear their life jackets.
• The operator of a “ski craft” must
wear a USCG–approved life jacket.
• Each person being towed behind a
vessel must wear a USCG–approved
life jacket.
TYPE III
Inflatable
TYPE IV: Throwable Devices/Not Wearable
These cushions and ring buoys are designed
to be thrown to someone in trouble. Since
a Type IV PFD is not designed to be worn,
it is neither for rough waters nor for persons
who are unable to hold onto it.
TYPE V: Special-Use Devices
These vests, deck suits, hybrid PFDs, and
others are designed for specific activities
such as windsurfing, kayaking, or waterskiing. Some Type V PFDs are designed
to inflate when you enter the water. To be
acceptable, Type V PFDs must be used in
accordance with their label.
TYPE IV
Ring Buoy
TYPE IV
Cushion
TYPE V
■ State Law
6
PWC operators need to take
special steps in case of fire.
Because their fire extinguishers
may not be easily accessible,
they should simply swim
away quickly and use another
operator’s extinguisher.
Fire Extinguisher Charge Indicators
Check the charge level of your fire extinguishers
regularly. Replace them immediately if they are
not fully charged.
Fire Extinguishers
◆◆Extinguishers are classified by a letter and number symbol. The number
indicates the relative size of the extinguisher, and the letter indicates the type of
fire it will extinguish.
• Type A fires are of combustible solids like wood.
• Type B fires are of flammable liquids like gasoline or oil.
• Type C fires are electrical fires.
◆◆Every vessel that has an engine other than an electric motor must have a fire
extinguisher(s) on board. See the table below for the exact requirements. Foam,
carbon dioxide, dry chemical, and halon extinguishers may be used to fight
Type B fires.
◆◆Approved types of fire extinguishers are identified by the following marking on
the label—“Marine Type USCG Approved”—followed by the type and size
symbols and the approval number.
Use this chart to determine the type and quantity of fire extinguishers required for your vessel.
green button
To check this style of extinguisher, depress the green button.
If it is fully charged, the green
button should pop back out
immediately.
Length of Vessel
Without Fixed System
With Fixed System*
Less than 26 feet
one B-I
None
26 feet to less than 40 feet
two B-I or one B-II
one B-I
40 feet to less than 65 feet
three B-I or one B-II and one B-I
two B-I or one B-II
* refers to a permanently installed fire extinguisher system
◆◆Extinguishers should be placed in an accessible area—not near the engine or in
a compartment, but where they can be reached immediately. Be sure you know
how to operate them.
◆◆Fire extinguishers must be maintained in usable condition. Inspect extinguishers regularly to ensure the following.
• Seals and tamper indicators are not broken or missing.
• Pressure gauges or indicators read in the operable range.
• There is no physical damage, corrosion, leakage, or clogged nozzles.
On this style of fire
extinguisher, the needle
indicator should be in the
“full” range.
Remember …
Keep bilges clean and free of trash in order
to reduce the risk of fire.
State Law ■
7
Backfire Flame Arrestors
Because boat engines may backfire, all powerboats (except outboards) that are
fueled with gasoline must have an approved backfire flame arrestor on each carburetor. Backfire flame arrestors are designed to prevent the ignition of gasoline vapors
in case the engine backfires.
◆◆Backfire flame arrestors must be:
• In good and serviceable condition
• U.S. Coast Guard–approved (must comply with SAE J-1928 or UL 1111
standards)
◆◆It is illegal to have any holes in the mesh of the backfire flame arrestor.
◆◆Periodically clean the flame arrestor(s) and check for any damage.
Ventilation Systems
Ventilation systems are crucial. Their purpose is to avoid explosions by removing
flammable gases. Properly installed ventilation systems greatly reduce the chance of
a life-threatening explosion.
◆◆All gasoline-powered vessels, constructed in a way that would entrap fumes,
must have at least two ventilation ducts fitted with cowls to remove the fumes.
At least one exhaust duct must extend from the open atmosphere to the lower
bilge. At least one intake duct must extend from a point at least midway to the
bilge or below the level of the carburetor air intake.
◆◆If your vessel is equipped with a power ventilation system, turn it on for at
least four minutes after fueling and before starting your engine. Also turn the
ventilation system on anytime you are operating your vessel at less than cruising
speed.
◆◆If your vessel is not equipped with a power ventilation system (for example, a
personal watercraft), open the engine compartment and sniff for gasoline fumes
before starting the engine.
Mufflers and Noise Level Limits
Vessel operators may not hear sound signals or voices if the engine is not
adequately muffled.
◆◆All vessel engines must be equipped with an effective muffling device or underwater exhaust.
◆◆The noise level of any motorized vessel must not exceed these limits.
• Stationary test limit:
-- 90 decibels for engines manufactured prior to January 1, 1991
-- 88 decibels for engines manufactured on or after January 1, 1991
• Moving test limit as measured on the “A” scale and from a distance of
50 feet:
-- 84 decibels for engines manufactured prior to January 1, 1991
-- 82 decibels for engines manufactured on or after January 1, 1991
◆◆It is illegal to own or operate a vessel that exceeds the decibel limit or a vessel
that is equipped with a device that adjusts the muffling device.
©Minnesota Dept. of Natural Resources
WARNING:
Gasoline vapors can explode. Before
starting engine, operate blower for four
minutes and check (using your nose)
engine compartment for gasoline vapors.
Vessels built after July 31, 1980, which contain
power exhaust blowers in gasoline engine
compartments, must have the above warning
sticker placed near the instrument panel.
backfire
Explosion of prematurely ignited fuel or of
unburned exhaust gases in an internal combustion engine
cowl
Hooded opening designed to scoop in air
Powerboats are built to ventilate the engine
when underway. As the boat moves along, an
air intake scoops up fresh air and forces it down
the air duct into the engine compartment. The
exhaust sucks out the explosive fumes from the
lowest part of the engine and fuel compartments.
8
■ State Law
1. Power-Driven Vessels Less Than 65.6 Feet
Navigation Lights
Less than 39.4 feet long only
◆◆Vessel operators must make sure that their vessels are equipped with the proper
navigation lights and use the lights during these conditions:
• When away from the dock between sunset and sunrise
• During periods of restricted visibility such as fog or heavy rain
◆◆The different types of navigation lights are described in “Navigation Lights” in
Chapter 3. No other lights that may be mistaken for required navigation lights
may be exhibited. Note: Blue or red flashing lights are restricted to use by law
enforcement vessels only.
◆◆The required navigation lights differ depending on the type and size of
your vessel. The common lighting configurations for recreational vessels are
discussed below. For other configurations and requirements for larger vessels,
see the U.S. Coast Guard’s Navigation Rules.
Power-Driven Vessels Less Than 65.6 Feet Long When Underway
If less than 65.6 feet (20 meters) long, these vessels must exhibit the lights as
shown in illustration 1. Remember, power-driven vessels include sailboats operating
under engine power. The required lights are:
◆◆Red and green sidelights visible from a distance of at least two miles away—or
if less than 39.4 feet (12 meters) long, at least one mile away—on a dark, clear
night.
◆◆An all-round white light (if less than 39.4 feet long) or both a masthead light
and a sternlight. These lights must be visible from a distance of at least two
miles away on a dark, clear night. The all-round white light (or the masthead
light) must be at least 3.3 feet (one meter) higher than the sidelights.
Unpowered Vessels When Underway
The red and green lighting must conform to
the illustration above. Red should be on the left
side of the bow and green on the right side of
the bow.
2. Unpowered Vessels Less Than 65.6 Feet
Unpowered vessels are sailing vessels or vessels that are paddled, poled, or rowed.
◆◆If less than 65.6 feet long, these vessels must exhibit the lights as shown in illustration 2. The required lights are:
• Red and green sidelights visible from a distance of at least two miles
away—or if less than 39.4 feet long, at least one mile away—on a dark, clear
night.
• A sternlight visible from a distance of at least two miles away.
◆◆If less than 23.0 feet (7 meters) long, these vessels should:
• If practical, exhibit the same lights as required for unpowered vessels less than
65.6 feet in length.
• If not practical, have on hand at least one lantern or flashlight shining a
white light as shown in illustration 3.
All Vessels When Not Underway
All vessels are required to use a white light visible for 360 degrees and from a
distance of two miles whenever they are moored or anchored away from dock
between sunset and sunrise.
3. Unpowered Vessels Less Than 23 Feet
An alternative to
the sidelights and
sternlight is a
combination red,
green, and white
light, which must
be exhibited near
the top of the
mast.
To prevent a collision,
vessel operators should
never leave shore
without a flashlight.
Even if you plan to
return before dark,
unforeseen developments might delay
your return past
nightfall.
State Law ■
Visual Distress Signals
9
Pyrotechnic Devices
Visual Distress Signals (VDSs) allow vessel operators to signal for help in the
event of an emergency. VDSs are classified as day signals (visible in bright sunlight),
night signals (visible at night), or both day and night signals. VDSs are either
pyrotechnic (smoke and flames) or non-pyrotechnic (non-combustible).
◆◆Vessels on federally controlled waters (such as New Hampshire’s coastal waters)
must be equipped with U.S. Coast Guard–approved visual distress signals. All
vessels, regardless of length or type, are required to carry night signals when
operating between sunset and sunrise. Most vessels must carry day signals also;
exceptions to the requirement for day signals are:
• Recreational vessels that are less than 16 feet in length
• Non-motorized open sailboats that are less than 26 feet in length
• Manually propelled vessels
◆◆VDSs must be U.S. Coast Guard–approved, in serviceable condition, readily
accessible, and must not be expired.
•• Pyrotechnics are excellent distress signals.
However, there is potential for injury and
property damage if not handled properly. These
devices produce a very hot flame, and the
residue can cause burns and ignite flammable
materials.
•• Pistol-launched and handheld parachute flares
and meteors have many characteristics of a
firearm and must be handled with caution. In
some states, they are considered a firearm and
are prohibited from use.
•• Pyrotechnic devices should be stored in a cool,
dry, and prominently-marked location.
U.S. Coast Guard–Approved Visual Distress Signals
•• The distress flag is a day signal only. It must be
at least 3 x 3 feet with a black square and ball
on an orange background.
•• The electric distress light is accepted for night
use only and must flash the international SOS
distress signal automatically.
Non-Pyrotechnic Devices
Pyrotechnic Visual Distress Signals
Orange Smoke
Day Signal
Red Meteor
Day and Night Signal
Red Flare
Day and Night Signal
Arm Signal
Non-Pyrotechnic Visual Distress Signals
Electric Light
Night Signal
Orange Flag
Day Signal
◆◆If pyrotechnic VDSs are used, a minimum of three must be carried in the
vessel. Also, pyrotechnic VDSs must be dated and may not be carried past their
expiration date.
◆◆The following combinations of signals are examples of VDSs that could be
carried on board to satisfy U.S. Coast Guard requirements:
• Three handheld red flares (day and night)
• One handheld red flare and two red meteors (day and night)
• One handheld orange smoke signal (day), two floating orange smoke signals
(day), and one electric light (night only)
◆◆It is prohibited to display visual distress signals while on the water unless assistance is required to prevent immediate or potential danger to persons on board
a vessel.
Although this signal does not meet VDS
equipment requirements, wave your arms to
summon help if you do not have other distress
signals on board.
federally controlled waters
Waters on which vessels must observe federal
requirements, including VDS requirements; these
waters include:
•• Coastal waters
•• The Great Lakes
•• Territorial seas
•• Bodies of water connected directly to one of the
above, up to a point where the body of water is
less than two miles wide
10
■ State Law
Common Sound Signals
Sound-Producing Devices
Some common sound signals that you should
be familiar with as a recreational boater are as
follows.
Changing Direction
•• One short blast tells other boaters “I intend
to pass you on my port (left) side.”
•• Two short blasts tell other boaters “I intend
to pass you on my starboard (right) side.”
•• Three short blasts tell other boaters “I am
backing up.”
Restricted Visibility
•• One prolonged blast at intervals of not
more than two minutes is the signal used by
power-driven vessels when underway.
•• One prolonged blast plus two short blasts
at intervals of not more than two minutes is
the signal used by sailing vessels.
Warning
•• One prolonged blast is a warning signal
(for example, used when coming around a
blind bend or exiting a slip).
•• Five (or more) short, rapid blasts signal
danger or signal that you do not understand
or that you disagree with the other boater’s
intentions.
Divers Flag
Alfa Flag
Scuba divers and snorkelers should not place a
flag in an area already occupied by other boaters
or where their diving operation will impede
the normal flow of waterway traffic. Divers
also should follow all of the water safety rules
themselves.
In periods of reduced visibility or whenever a vessel operator needs to signal his
or her intentions or position, a sound-producing device is essential. The navigation
rules for meeting head-on, crossing, and overtaking situations described in
Chapter 3 are examples of when sound signals are required.
Use this chart to determine what is required.
On State Waters
Less than 16 feet long and
under engine power
On Federally Controlled Waters
Hand, mouth, or power
whistle
16 feet to less than 26 feet long Hand, mouth, or power
and under engine power
whistle audible for one-half
mile
Less than 65.6
feet long
Whistle or horn
audible for
one-half mile
65.6 feet long or
longer
Whistle or horn
and a bell audible
for one mile
26 feet to less than 40 feet long A bell and a hand or power
and under engine power
whistle audible for one mile
40 feet long or longer and
under engine power
A bell and a power whistle
audible for one mile
Other Equipment and Local Regulations
◆◆Diver-Down Flag: State law requires that scuba divers or snorkelers display
a diver-down flag to mark the diving area. Vessel operators must stay at least
150 feet away from a displayed diver-down flag. Two types of flags are used to
indicate diving activity.
• The divers flag is a rectangular red flag with a white diagonal stripe used to
indicate when diving activities are in progress on New Hampshire state waters.
• On federal waters, you also may see a blue and white International Code Flag
A (or Alfa flag) displayed on a vessel engaged in diving operations.
◆◆Marine Permits: Permits from the New Hampshire Marine Patrol (NHMP)
are required for tournaments, regattas, races, or any other water event. A permit
also is required to place a water-skiing jump or water-skiing course, tow a kite
glider or parasail, or tow more than two persons behind your vessel. Penalties
exist for participating in or refusing an officer’s instruction to leave a water
event that has not been issued a permit.
◆◆Local Regulations: Many waterways in New Hampshire have special regulations
such as horsepower restrictions, speed limits, or limits on when certain vessels
may be used. Check for restrictions on a waterway before you go boating.
New Hampshire’s Spar Buoys
Vessels operating on New Hampshire waters must observe these rules when
encountering spar buoys.
All Black
This buoy marks
one side of a welldefined channel.
Go between it and
its companion “all
red” spar buoy.
All Red
This buoy marks
one side of a welldefined channel.
Go between it and
its companion “all
black” spar buoy.
White with Red Top White with Black Top
If heading east
or west, go south
of this buoy. If
heading north or
south, go west of
this buoy.
If heading east
or west, go north
of this buoy. If
heading north or
south, go east of
this buoy.
State Law ■
11
Requirements Specific to “Ski Craft”
New Hampshire law defines a “ski craft” as any motorized vessel that is less than
13 feet in length, is capable of exceeding 20 miles per hour, and has the capacity to
carry no more than two persons. This includes personal watercraft designed to seat
one or two persons. While the laws below are for “ski craft,” it is recommended that
all personal watercraft operators follow these laws.
◆◆No one under the age of 16 years may operate a “ski craft” legally on any lake,
pond, or river.
◆◆The operator of a “ski craft” must wear a U.S. Coast Guard–approved Type I,
II, or III personal flotation device (life jacket) at all times.
◆◆“Ski craft” may be operated on any lake, pond, or river during daylight hours
(sunrise to sunset) only.
◆◆It is illegal to operate a “ski craft” at greater than headway speed if within 150
feet of swimmers in the water, other vessels or “ski craft,” rafts or floats, docks,
swimming areas, or mooring fields.
◆◆It is illegal to operate a “ski craft” within a cove (a bay or inlet that does not
exceed 1,000 feet at its widest point) or within 300 feet of shore unless the
“ski craft” is proceeding at headway speed directly to an area where “ski craft”
operation is permitted.
◆◆“Ski craft” must operate in a responsible manner. It is illegal to:
• Weave a “ski craft” through congested waterway traffic.
• Get dangerously close to another vessel, person, or object such that you are
required to swerve at the last possible moment in order to avoid a collision.
• Operate a “ski craft” in any other careless or negligent way or in a way that
endangers the life, limb, or property of others.
◆◆“Ski craft” may not be operated on any lake, pond, or river where the operation
of “ski craft” is prohibited by law. (Operation of a “ski craft” is prohibited on
any pond or lake less than 75 acres in area.)
◆◆Although not legally required, it is strongly recommended that an operator of a
PWC equipped with a lanyard-type ignition safety switch attach the lanyard to
his or her person, clothing, or personal flotation device (life jacket).
Remember …
Personal watercraft operators are subject
to all boating laws. In addition, “ski craft”
operators must follow the laws on this page.
Stay up-to-date on new boating laws!
Be sure to stay abreast of new boating laws and
requirements.
For state boating law information, contact the
New Hampshire Department of Safety, Marine
Patrol Bureau, by calling:
•• 1-877-642-9700 or 603-293-2037
For federal boating laws, visit the U.S. Coast
Guard’s Boating safety website:
•• www.uscgboating.org
Information in this manual does not replace
what is specifically legal for boating in New
Hampshire, which is found in the New
Hampshire Statutes and federal law.
Towing a Person With a Vessel Legally
Vessel operators towing a person(s) on water skis, tubes, kneeboards, aquaplanes,
or any other devices also must obey these laws.
◆◆All persons being towed behind a vessel on water skis or any other device must
wear a U.S. Coast Guard–approved Type I, II, or III personal flotation device
(life jacket). Ski belts are not approved personal flotation devices and are illegal.
◆◆In addition to the operator, an observer must be on board to observe the
progress of the person being towed. The observer must be at least 13 years old,
able to determine when a skier is in trouble, and able to assist the skier.
◆◆No more than two persons may be towed from a single vessel at any one time.
If two persons are being towed, there must be two observers on board, in
addition to the operator, who meet the requirements above.
◆◆Persons may be towed behind a vessel on water skis or any other device during
daylight hours (sunrise to sunset) only.
◆◆The operator of the towing vessel and the person being towed are responsible
for following all other navigation rules and boating laws.
◆◆When returning to the shore with a skier, the towing vessel and the skier must
remain at least 150 feet from shore.
When towing persons behind your vessel, you are
still responsible for following all other navigation
rules and boating laws.
■ State Law
12
Waste, Oil, and Trash Disposal in New Hampshire and Federal Waters
Pump-Out Station Sign
Signs like these are posted at pump-out stations
in New Hampshire.
◆◆It is illegal to discharge waste, oil, or trash into any New Hampshire state or
federally controlled waters. This is for very good reasons.
• Sewage carries disease and other pollutants that are harmful to people,
aquatic plants, and animals.
• Trash thrown into the water can injure swimmers and wildlife alike. It also
can plug engine cooling water intakes.
• Pollution is unsightly and takes away from your enjoyment of the water.
◆◆Vessel operators need to be aware of the following regulations for waste, oil,
and trash disposal that apply to both federally controlled and state waters. The
Refuse Act prohibits throwing, discharging, or depositing any refuse matter of
any kind (including trash, garbage, oil, and other liquid pollutants) into the
waters of the United States.
Discharge of Sewage and Waste
Pump-Out Station
“Y” valve must
be secured
Drainage to
pump-out station
Typical Marine Sanitation Device
If you have a recreational vessel with installed toilet facilities, it must have
an operable marine sanitation device (MSD) on board. An MSD is a separate
mechanism attached to the marine toilet. The macerator inside the toilet and the
reservoir beside the toilet are not marine sanitation devices.
◆◆There are three types of MSDs, and all must be U.S. Coast Guard–certified.
• Types I and II MSDs treat waste with chemicals to kill bacteria before
discharge. Types I and II MSDs with “Y” valves that would direct the waste
overboard must be secured or have the handle removed so that the valve
cannot be opened. Type I and II MSDs are allowed only on marine waters.
• Type III MSDs provide no treatment and are either holding tanks or portable
toilets. Collected waste must disposed of in an onshore pump-out station or
mobile pump-out out. A Type III is the only type of MSD allowed on inland
waters.
◆◆All waters in New Hampshire are “No Discharge Areas.” It is illegal to
discharge sewage—treated or untreated—into the water. If on inland waters, a
vessel must have a holding tank with no through-hull discharge option.
Discharge of Trash
The Act to Prevent Pollution from Ships places limitations on the discharge of
garbage from vessels. It is illegal to dump refuse, garbage, or plastics into any state or
federally controlled waters. Litter can kill birds, fish, and marine mammals.
◆◆You must store trash in a container while on board and place it in a proper
receptacle after returning to shore.
◆◆If boating on federally controlled waters and your vessel is 26 feet or longer,
you must display a Garbage Disposal Placard in a prominent location. The
Garbage Disposal Placard is a durable sign that is at least 4 x 9 inches and
notifies passengers and crew about discharge restrictions.
Discharge of Oil and Other Hazardous Substances
It is illegal for any vessel to dump plastic trash anywhere in the ocean or navigable waters of the
United States. Annex V of the MARPOL TREATY is a new International Law for a cleaner, safer
marine environment. Each violation of these requirements may result in civil penalty up to
$25,000, a fine up to $50,000, and imprisonment up to 5 years.
U.S. lakes, rivers, bays, sounds,
and 3 miles from shore
ILLEGAL TO DUMP:
Plastic
Garbage
3 to 12 miles
Paper
Metal
ILLEGAL TO DUMP:
Rags
Crockery
Plastic
Glass
Dunnage
Dunnage (lining & packing
Food
materials that float)
Also, if not ground to
less than one inch:
Garbage Metal
Paper
Crockery
Rags
Food
Glass
12 to 25 miles
ILLEGAL TO DUMP:
Plastic
Dunnage (lining &
packing materials
Outside 25 miles
that float)
ILLEGAL TO DUMP:
Plastic
State and local regulations may further restrict the disposal of garbage
Working together we can all make a difference!
Garbage Disposal Placard
Regulations issued under the Federal Water Pollution Control Act require all
vessels with propulsion machinery to be able to retain oil mixtures on board.
◆◆You are not allowed to discharge oil or hazardous substances. The penalty for
illegal discharge may be a fine of up to $10,000.
◆◆You are not allowed to dump oil into the bilge of the vessel without means for
proper disposal. Fuel spills can be removed using absorbent bilge pads.
◆◆You must dispose of oil waste at an approved reception facility. On recreational
vessels, a bucket or bailer is adequate for temporary storage prior to disposing
of the oil waste at an approved facility.
◆◆You must notify the U.S. Coast Guard immediately if your vessel discharges
oil or hazardous substances in the water. Call 1-800-424-8802 and report the
discharge’s location, color, source, substances, size, and time observed. Also
report the discharge to the NH Department of Environmental Services.
State Law ■
13
◆◆If boating on federally controlled waters and your vessel is 26 feet or longer,
you must display a 5 x 8-inch placard made of durable material, fixed in a
conspicuous place in the machinery spaces or at the bilge pump control station,
stating the following:
Discharge of Oil Prohibited
The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste
upon or into any navigable waters of the U.S. The prohibition includes any discharge
which causes a film or discoloration of the surface of the water or causes a sludge or
emulsion beneath the surface of the water. Violators are subject to substantial civil
and/or criminal sanctions including fines and imprisonment.
Waste Management Plan
◆◆Ocean-going vessels that are 40 feet or more in length with cooking and
sleeping facilities must have a written Waste Management Plan.
◆◆The captain of the vessel is responsible for implementing the Waste
Management Plan.
◆◆The Waste Management Plan, identifying the vessel’s name and home port,
should be posted and should include directives to all persons on board about:
• Discharging sewage and hazardous substances
• Discharging garbage and other food waste
• Disposing of plastics, bottles, and cans
• Reading applicable placards for additional information
• Advising the captain in case of oily discharges or diesel spills
Aquatic Nuisance Species
Introducing harmful, nonnative organisms into New Hampshire’s waters can lead
to environmental damage and declines in the aesthetic and recreational appeal of
our lakes, ponds, and rivers.
◆◆Variable Milfoil is a nonnative plant that has taken over many bodies of water.
The plant is spread easily when boat propellers, fishing line, or other recreational gear cuts off pieces of the plant. These pieces then can travel to new
parts of the body of water to root or “hitchhike” on boats and trailers, diving
gear, and fishing equipment to a new body of water. A single fragment of this
plant can cause a new infestation.
◆◆Zebra Mussels are about the size of a human fingernail but cause damage to
water supplies, industrial processing plants, and marine engines. Zebra mussels
clog water intake pipes and can give bad odors to bodies of water. Their sharp
shells also can cut the feet of swimmers.
◆◆To prevent spreading aquatic nuisance species:
• Inspect your boat and trailer, removing all aquatic organisms (zebra mussels
and any aquatic plants).
• Drain your motor, live well, and bilge on land before leaving the area.
• Empty bait buckets on land before leaving the area.
• Never release live bait into a body of water or release aquatic animals from
one body of water into another.
• Rinse your boat, trailer, live well, and equipment; and hand-remove anything
trapped between the boat and trailer.
• Air-dry your boat and equipment for as long as possible—5 days is optimal.
• Flush the engine’s cooling system with hot water.
• Apply antifouling materials such as paint and films to boat hulls, trim tabs,
transducers, and swimming platforms to discourage zebra mussel attachment.
• Avoid boating through dense beds of aquatic plants.
Oil Discharge Placard
A 5 x 8-inch sign that states the law pertaining
to oil discharge
What To Do in Case
of Discharge
If your vessel discharges oil or
hazardous substances into the
water, notify the U.S. Coast Guard by calling:
•• 1-800-424-8802
Also notify the New Hampshire Department of
Environmental Services by calling:
•• 603-271-3899 (oil and non-oil spill)
•• 603-271-3636 (after hours)
Commonly Confused Look-Alike
Aquatic Plants
•• For more information about exotic species,
visit the NH DES website at http://des.nh.gov/
organization/divisions/water/wmb/exoticspecies/
index.htm
•• Report any new suspicious plant growths to
the NH DES at 603-271-2248.
14
■ State Law
Boating Accident Report Form
Boating Accidents and Casualties … What the Law Requires You To Do
Accident or Boating
Emergency?
In the event of an accident or other boating
emergency, call the New Hampshire Marine
Patrol at 603-293-2037.
overnight
The period of time between the termination of
daylight in the evening to the earliest dawn of the
next morning
houseboat
A ship, boat, raft, float, catamaran, or marine craft
of any description which has sleeping and toilet
facilities, regardless of whether such facilities are
of a permanent or temporary nature
◆◆If you are operating a vessel and know (or reasonably should have known)
that you have been involved in an accident involving death, personal injury, or
damages to property, you must:
• Immediately stop at the scene of the accident and …
• Render any assistance that you are capable of giving to the occupants of the
other vessel involved in the accident and …
• Give your name and address, the vessel registration number, and the name
and address of each occupant to the operator or owner of any other vessel,
any injured person, and the owner of any damaged property.
◆◆If you are not able to give the above information due to a person’s injury,
location, inability to comprehend, or any other cause, this information must be
given to a Marine Patrol officer or other police officer with jurisdiction arriving
at the scene of the accident or immediately to an officer at the nearest police
station or at Marine Patrol headquarters.
◆◆Any person operating a vessel that is involved in an accident must submit a written
accident report to the Division of Safety Services within 15 days after the accident.
This is required when anyone is injured or killed or if damage to property exceeds
$2,000. If the operator is physically or mentally incapable of making the accident
report, it is the responsibility of the owner to prepare the report.
◆◆You must follow the above requirements if you are involved in a boating accident.
• It is a Class A misdemeanor to fail to file the accident report or to fail to comply
with the requirements that apply when an accident results in property damage.
• It is a Class B felony to give false information about an accident or to fail to
comply with the requirements that apply when an accident results in death or
personal injury.
Overnight Anchoring
◆◆It is against the law to anchor your boat overnight on any inland surface waters of
the State of New Hampshire.
◆◆Occupied or unoccupied houseboats may be beached, grounded, or tied to the
shore of any of the inland surface waters of the state for an overnight period, or
any part of an overnight period, only when on or at a location owned, leased,
or permitted by the owner. Also, the owner, lessee, or person with permission of
the owner must give written notice of this fact promptly to the New Hampshire
Department of Environmental Services.
Mooring Permits
Some New Hampshire waters require a shorefront property owner to obtain a
mooring permit before placing a mooring in the waters.
◆◆Mooring permits are required on Bow Lake, Newfound Lake, Ossipee Lake,
Squam Lake, Sunapee Lake, Lake Winnipesaukee, and Winnisquam Lake.
◆◆For more information, or to request a permit application, call the Mooring
Program at 603-267-6453.
Enforcement
Most New Hampshire Marine Patrol vessels may
be recognized by “N.H. MARINE PATROL”
on the vessel. State and federal officers have the
authority to stop and board your vessel in order
to check that you are complying with the law.
◆◆Enforcement of boating laws and regulations is the responsibility of the New
Hampshire Marine Patrol officers. The U.S. Coast Guard has enforcement
authority on federally controlled waters.
◆◆Boaters must stop when signaled to do so by a law enforcement officer. These
officers have full police powers and have the lawful right to stop and board your
vessel at any time to check for compliance with federal and state laws.

New Hampshire:The Legal Requirements of Boating

Transcription

Similar documents

19` 4” AMF/Crestliner 1980 $2200

The Heart

Introduction Safe Transfer of Technicians and Avoidance of Motion

25` 11” Bertram 1969 $9900 - Chapman School of Seamanship

27` 7” Wellcraft 1990 $5900 - Chapman School of Seamanship

2003 Crownline 225 LPX - $ 19,900

28` 6” Aquasport 1987 - Chapman School of Seamanship

Bond Movies Dr. Jonathan M Sackier As an Englishman of a certain

VESSEL MOVEMENTS- FOR MARITIME SECURITY AND

pdf - Phelps Dunbar LLP