TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY

Chapter 270-D
BOATING AND WATER SAFETY ON NEW HAMPSHIRE PUBLIC WATERS

Section 270-D:1

    270-D:1 Definitions. –
In this chapter:
I. "Boat" means every description of watercraft other than seaplanes, capable of being used or used as a means of transportation on the water and which is primarily used for noncommercial purposes, or leased, rented, loaned or chartered to another for such use.
II. "Commercial vessel" means any vessel carrying passengers for hire as a common carrier of passengers or property.
III. "Commissioner" means the commissioner of the department of safety.
IV. "Director" means the director of the division of state police, department of safety.
V. "Division" means the division of state police, department of safety.
VI. "Headway speed" means the slowest speed that a boat can be operated and maintain steerage way.
VI-a. "Inflatable tube" means an inflatable device manufactured and designed for the specific purpose of towing persons behind a motorboat. Such device shall be manufactured with a point of attachment for a tow line in addition to any safety handles, ropes, or lines, for each person being towed.
VII. "Motorboat" means any vessel being propelled by machinery, whether or not such machinery is the principal source of propulsion.
VIII. "No wake area" means an area where a boat is to be operated only at headway speed.
IX. "PFD" means a personal flotation device of a type approved by the United States Coast Guard.
X. "Person" means person as defined in RSA 21:9.
XI. "Vessel" means any type of watercraft used or capable of being used as a means of transportation on water, except a seaplane.
XII. "Wake" means any disturbance created on the surface of the water as a result of combined vessel motion and hull displacement.
XII-a. "Wake surfing" means a person using a surfboard, wakeboard, or similar device to ride on or in the wake directly behind a vessel that is underway. Wake surfing shall not include a person who is water skiing.
XIII. "Water skiing" means a person being towed behind a moving motorboat on skis or on aquatic equipment designed for towing an aquaplane or any other device, including bare feet of a person, but excluding a person being towed on an inflatable tube or in another boat or motorboat.

Source. 1990, 171:1. 1995, 273:2, eff. July 1, 1995. 2011, 224:268, eff. July 1, 2011. 2012, 168:2, 3, eff. June 7, 2012. 2019, 96:1, eff. Aug. 20, 2019. 2021, 129:1, eff. Sept. 21, 2021.

Section 270-D:2

    270-D:2 General Rules for Vessels Operating on Water. –
I. Vessels shall be operated at headway speed only, while passing under all bridges.
II. (a) It shall be the duty of each vessel to keep to the right when vessels are approaching each other head on.
(b) When the courses of vessels are so far to the starboard of each other as not to be considered as approaching head on, they shall keep to the left.
III. When vessels are crossing courses or approaching each other in an oblique direction which may involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way of the other, allowing the latter vessel to keep its course and speed.
IV. When vessels are running in the same direction and the vessel which is astern desires to pass the other, it shall do so only when sufficient distance between the vessels is available to avoid danger of collision, and at such a speed that its wake will not endanger the boat being passed or its occupants. No person operating a vessel shall abruptly change its course without first determining that it can safely be done without crossing immediately ahead of another vessel.
V. If, when vessels are approaching each other, either vessel fails to understand the course or intention of the other from any cause, such vessel or vessels shall immediately slow to a speed barely sufficient for steerage until the vessels have safely passed each other. If it appears the danger of collision is imminent both vessels shall stop or reverse and not proceed until such danger has been averted.
VI. (a) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(1) Rafts, floats, swimmers.
(2) Permitted swimming areas.
(3) Shore.
(4) Docks.
(5) Mooring fields.
(6) Other vessels.
(b) These requirements shall not apply when:
(1) Starting skiers from shore, docks or floats, as long as neither the boat nor the skier is endangering the life or safety of any person.
(2) A vessel is in the federal deepwater shipping channel of the Piscataqua River between navigation buoys R2, Wood Island at the mouth of the river and R12, opposite the Sprague Terminal.
(c) The operator of a towing boat shall be responsible for compliance with this paragraph.
(d) The requirements of RSA 270-D:2, VI(a)(3) shall not apply to a vessel in the waters of the Androscoggin River from the Errol Dam to Umbagog Lake or in the waters of the Magalloway River within the state of New Hampshire.
VI-a. [Repealed.]
VII. When a vessel is given the right-of-way, such vessel shall hold its course and maintain such speed as the circumstances prudently permit.
VIII. When a vessel is required to keep out of the way of another, it shall, if necessary, slacken its speed, stop, or reverse, and avoid crossing ahead of any other vessel.
IX. Canoes, kayaks, rowboats, sailboats, and swimmers shall be given the right-of-way. This requirement shall not be construed to allow deliberate impediment of motorboats by canoes, kayaks, rowboats, sailboats, and swimmers.
X. (a) No person shall operate a vessel on Lake Winnipesaukee at a speed greater than is reasonable and prudent under the existing conditions and without regard for the actual and potential hazards then existing. In all cases, speed shall be controlled so that the operator will be able to avoid endangering or colliding with any person, vessel, object, or shore.
(b) Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 30 miles per hour during the period from 1/2 hour after sunset to 1/2 hour before sunrise; and
(2) 45 miles per hour at any other time.
(c) The speed limitations set forth in subparagraph (b) shall not apply to vessels when operated with due regard for safety under the direction of the peace officers in the chase or apprehension of violators of the law or of persons charged with, or suspected of, any such violation, nor to fire department or fire patrol vessels, nor to private emergency vessels when traveling to emergencies. This exemption shall not, however, protect the operator of any such vessel from the consequences of a reckless disregard of the safety of others.
(d) The speed limitations set forth in subparagraph (b) shall not apply to boat racing permitted under RSA 270:27.
XI. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.

Source. 1990, 171:1. 1994, 78:1. 1995, 191:2, 3. 2002, 272:13. 2008, 331:1, eff. Jan. 1, 2009. 2010, 41:1, eff. Jan. 1, 2011; 222:2, eff. Aug. 27, 2010.

Section 270-D:2-a

    270-D:2-a Boaters Guide. – The department of safety, division of state police, shall publish the New Hampshire Boaters guide.

Source. 1996, 269:1. 2002, 254:4, eff. July 1, 2002. 2011, 224:269, eff. July 1, 2011.

Section 270-D:2-b

    270-D:2-b Repealed by 2002, 254:5, II, eff. July 1, 2002. –

Section 270-D:2-c

    270-D:2-c Boating Safety Checklist. –
I. No person shall rent a vessel for operation on any waters of this state, including tidal and coastal waters and all inland waters, unless the rental operator initials a rental safety checklist, prepared by the department of safety, which certifies the rental operator's knowledge of boating safety laws and which certifies that the rental operator possesses a safe boater education certificate or its equivalent. In addition, no person shall rent or lease any motorized watercraft to another person without providing the renter or lessee with written instructions on operating the watercraft in accordance with New Hampshire law, and reviewing with the renter or lessee such written instructions and the guidelines on New Hampshire navigation laws provided by the division.
II. (a) The rental safety checklist shall include, but shall not be limited to, knowledge of the following provisions of the marine laws:
(1) Safe passage.
(2) DWI.
(3) Headway speed.
(4) Safety equipment.
(5) Navigational lights requirements.
(b) The checklists shall include a provision which states that the rental operator is responsible for anyone who operates the vessel in accordance with RSA 270-D.
III. The rental safety checklist shall include a provision in which the operator acknowledges that the director may require the operator to attend a boat safety course, as provided in RSA 270:46-a, for violating any of the boating laws or rules of the division.

Source. 1996, 245:3. 2002, 272:11. 2007, 101:1, eff. Jan. 1, 2008.

Section 270-D:3

    270-D:3 Motorboats Towing Water Skiers and Aquaplanes. –
I. (a) No person shall operate a motorboat while towing water skiers, aquaplanes, or similar devices, or while engaged in wake surfing, unless another person is present in the motorboat who is physically able to observe and assist the person or appurtenance being towed or wake surfing. The observer shall be 13 years of age or older.
(b) For water skiers only, an observer shall not be required if the motorboat is a tow boat that has been approved by the American Water Ski Association and operated by a person at least 18 years of age. The motorboat shall be equipped with a wide-angle mirror having a viewing surface of at least 48 square inches and operated within a slalom course approved by the American Water Ski Association. The course shall have a valid state police permit.
II. The operator of the motorboat shall be responsible for compliance with the navigation requirements under this subdivision for both the vessel and the person or appurtenance being towed or wake surfing. In addition, any person being towed by or wake surfing behind a motorboat shall comply with all navigation rules.
III. No more than 6 persons may be towed on one or more inflatable tubes and no more than 2 persons may be towed on water skis, aquaplanes, or other devices from the same motorboat at the same time. When 3 or more persons are being towed, 2 observers, in addition to the operator, shall be in the towing vessel. Such observers shall be 13 years of age or older. Notwithstanding this paragraph, more than 2 skiers may be towed if a special permit is issued by the director.
IV. Except in connection with water events and exhibitions authorized by the director, no towing of water skiers, aquaplanes or similar devices shall be conducted during the period between sunset and sunrise. In addition, no person shall operate a boat engaged in wake surfing during the period between sunset and sunrise.
V. No person shall be towed on water skis or other appurtenances unless the person is wearing a Coast Guard approved type 1, 2, or 3 PFD, except when directly participating or competing in an American Water Ski Association approved event or exhibition, authorized by a special permit issued by the director of state police.
VI. No person shall engage in wake surfing unless such person is wearing a Coast Guard approved PFD.
VII. No person shall operate a motorboat propelled by an outboard motor, inboard/outboard motor, or water jet while a person is wake surfing in or on the wake of such motorboat, unless the propulsion system is designed by the manufacturer for that activity.

Source. 1990, 171:1. 1994, 200:1, eff. May 24, 1994. 2011, 224:270, eff. July 1, 2011. 2012, 168:1, eff. June 7, 2012. 2015, 26:1, eff. July 6, 2015. 2021, 129:2, eff. Sept. 21, 2021.

Section 270-D:4

    270-D:4 Permit for Water Events. –
Any person who undertakes any of the following activities on the public waters of the state shall first obtain a permit from the commissioner, subject to such conditions as he shall establish by rule:
I. Sponsor a water event, including but not limited to, a carnival or exhibition.
II. Place a water ski jump.
III. Tow a kit glider or parasail.
IV. Tow more than 2 skiers.

Source. 1990, 171:1, eff. June 26, 1990.

Section 270-D:4-a

    270-D:4-a Participation in Water Event; Failure to Disperse; Penalties. – Any person who participates in a water event for which a permit has not been issued as required by RSA 270-D:4, shall be guilty of a violation and fined not less than $100. Any person who continues to participate in or refuses to disperse from the location of such an event after being ordered by a marine patrol officer or other local, county, or state law enforcement officer to cease participation and disperse shall be guilty of a misdemeanor.

Source. 2006, 283:4, eff. June 15, 2006.

Section 270-D:5

    270-D:5 Overloading. – No vessel shall be operated while carrying passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other operating conditions.

Source. 1990, 171:1, eff. June 26, 1990.

Section 270-D:6

    270-D:6 Inspections. – All vessels afloat on public waters may be inspected by the commissioner or his duly authorized representative, to determine their seaworthiness and safety equipment at any time. No person shall allow any vessel which fails to pass such inspection to be used or operated on the waters of this state until brought into compliance.

Source. 1990, 171:1, eff. June 26, 1990.

Section 270-D:7

    270-D:7 Riding on Gunwales, Bow and Transom. – No person shall operate a motorboat or ride as a passenger in a motorboat while sitting on either the starboard or port gunwales or the transom, and no person shall straddle the bow while the motorboat is in operation underway.

Source. 1990, 171:1, eff. June 26, 1990.

Section 270-D:7-a

    270-D:7-a Shore Lights. – No person shall display, at any point on the shore visible from the water, any lights deemed by the division of state police, marine patrol bureau to resemble in color or configuration the required navigation lights of any vessel.

Source. 2006, 283:1, eff. Jan. 1, 2007. 2019, 90:1, eff. June 18, 2019.

Section 270-D:8

    270-D:8 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, regarding:
I. Special permits to be issued under RSA 270-D:4.
II. Inspection of vessels under RSA 270-D:6.

Source. 1990, 171:1, eff. June 26, 1990.

Section 270-D:9

    270-D:9 Penalties. – Any person who violates any provisions of this chapter or any rule adopted under RSA 270-D:8 shall be guilty of a violation.

Source. 1990, 171:1, eff. June 26, 1990.

Safe Boater Education

Section 270-D:10

    270-D:10 Certificate Required. –
I. No person shall operate a motorized vessel with any type of power motor in excess of 25 horsepower on the public waters of this state without first obtaining a certificate of boating safety education in accordance with this subdivision.
II. The commissioner may enter into contracts with individuals, public or private corporations or institutions for assistance in developing, assisting, and conducting safe boater education courses.
III. The commissioner shall establish minimum requirements for the qualification of safe boater education instructors. The minimum requirements shall include, but not be limited to, the following:
(a) The instructor shall be 18 years of age or older.
(b) The instructor shall have at least 2 years of recent boating experience.
(c) The instructor shall hold a certificate evidencing successful completion of a safe boater education course that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard, or a certificate from the United States Power Squadron.
IV. The commissioner may appoint one or more training specialists who shall assist in establishing safe boater education courses throughout the state, support and implement program guidelines and supervise instructors.
V. In establishing the safe boater education course of instruction and examination pursuant to this section, the commissioner may offer a correspondence course through electronic or other means that is consistent with the applicable standard of competency and safety established by this section.

Source. 2000, 52:3. 2002, 272:2, eff. May 18, 2002. 2021, 204:2, Pt. V, Sec. 1, eff. Aug. 10, 2021.

Section 270-D:11

    270-D:11 Possession Required; Penalty. –
I. Any person required to have a safe boater education certificate shall:
(a) Possess the certificate when operating a motorized vessel with any type of power motor in excess of 25 horsepower on the public waters of the state.
(b) Present the certificate upon the demand of a marine patrol officer.
II. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, the person presents to the officer evidence that he or she held a valid safe boater education certificate which was in effect at the time of the violation.
III. Enforcement of this section shall be accomplished only as a secondary action when an operator of a motorized or registered vessel has been cited, charged with, or issued a written warning for a violation or some other offense, or as a primary action when an operator is involved in an accident.
IV. Any person who violates this section shall be guilty of a violation punishable by a fine of $50 for a first offense and $250 for any subsequent offense.

Source. 2000, 52:3. 2002, 272:3, eff. May 18, 2002. 2011, 149:1, eff. Jan. 1, 2012.

Section 270-D:12

    270-D:12 Exemption. – A person who is licensed by the state of New Hampshire or the United States Coast Guard to operate a commercial vessel shall be exempt from the requirements of this subdivision.

Source. 2000, 52:3, eff. Jan. 1, 2002.

Section 270-D:13

    270-D:13 Issuance of Safe Boater Education Certificate. –
I. The commissioner or designee shall issue a safe boater education certificate to a person 16 years of age or older who:
(a) Passes a safe boater education course approved by the commissioner in accordance with the criteria of the National Association of State Boating Law Administrators. A classroom course shall provide a minimum of 8 hours of instruction. Passage of a safe boater education course shall require successful completion of a proctored examination approved by the commissioner. The minimum passing grade for the examination shall be 80 percent; or
(b) Passes a safe boater equivalency examination administered by persons approved to offer boating safety education courses. The minimum passing grade for the examination shall be 80 percent. A certificate issued to a person passing the equivalency examination shall specify that the certificate is issued as evidence of satisfactory completion of a safe boater examination and entitles the holder to operate a vessel on the public waters of New Hampshire.
II. Once issued, the certificate of safe boater education shall be valid for the lifetime of the person and may not be revoked by the department of safety or a court without cause and a hearing in accordance with RSA 541-A.
III. The commissioner, or designee, shall replace a lost or destroyed certificate upon written request of the person entitled thereto and payment of the prescribed fee, and such copy shall have the same form and effect as the original.
IV. Any person who successfully completes a safe boater education course or safe boater equivalency examination after reaching the age of 15 shall be issued a safe boater education certificate upon attaining the age of 16.

Source. 2000, 52:3. 2002, 272:4, 5. 2006, 283:2, eff. Jan. 1, 2007. 2010, 42:1, eff. May 18, 2010. 2022, 8:1, eff. Mar. 18, 2022.

Section 270-D:14

    270-D:14 Temporary Certificate. – The commissioner, or designee, shall issue a temporary certificate of safe boating education to a person 16 years of age or older who passes a temporary safe boater examination administered by the department or its agents and approved by the commissioner. The temporary certificate of safe boater education shall be valid for up to 14 days and shall entitle the holder only to operate a vessel on the public waters of New Hampshire. No person shall receive more than one temporary certificate of safe boating education in any calendar year. Any dealer or renter of boats or employee thereof, who has passed the boating safety education course as provided in RSA 270-D:13, I(a) and is approved by the commissioner, may administer the temporary safety examination and issue a temporary certificate. If the commissioner finds that a person administering a temporary safe boater examination has assisted the person taking the examination, the commissioner shall permanently revoke the authority of the administrator to issue certificates and administer examinations.

Source. 2000, 52:3. 2002, 272:6. 2006, 283:5, eff. June 15, 2006.

Section 270-D:15

    270-D:15 Certificate Not Required. – A person shall not be required to obtain a certificate of boating safety education if the person holds a certificate from any state indicating successful completion of boating safety education that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard Auxiliary, a certificate from the United States Power Squadron, or a Canadian certificate approved by Transport Canada and approved by the National Association of State Boating Law Administrators.

Source. 2000, 52:3, eff. Jan. 1, 2002. 2010, 42:2, eff. May 18, 2010.

Section 270-D:16

    270-D:16 Education Material. – Upon request, the commissioner or agent authorized by the commissioner shall provide safe boater education materials to persons who plan to take the safe boater education course.

Source. 2000, 52:3, eff. Jan. 1, 2002.

Section 270-D:17

    270-D:17 Fees. –
I. (a) The department shall charge a fee of $10 for issuing a safe boater education certificate.
(b) The fee for a temporary certificate shall be $10.
II. (a) The department may charge a fee for offering a safe boater education course or exam. The fee shall not exceed the costs incurred by the department in offering the course or exam.
(b) Agents of the department may charge a fee for offering a safe boater education course or exam. The commissioner shall establish by rule the maximum fees that may be charged by agents.
III. The total of all fees that a person may be required to pay under this section shall not exceed $50.
IV. Fees collected by the department under this section shall be paid into the navigation safety fund established under RSA 270-E:6-a.

Source. 2000, 52:3. 2002, 272:7. 2006, 283:6, eff. June 15, 2006.

Section 270-D:18

    270-D:18 Insurance Discount. – The insurance commissioner may adopt rules under RSA 541-A requiring admitted insurers to provide a reduction in premium rates for vessel liability insurance to qualified vessel operators who provide proof of successful completion of an approved safe boater education course.

Source. 2000, 52:3, eff. Jan. 1, 2002.

Section 270-D:19

    270-D:19 Voluntary Attendance. – Nothing in this chapter shall prohibit any person who is 16 years of age or older from attending a safe boater education course approved by the commissioner under this subdivision and obtaining a safe boater education certificate upon successful completion of the safe boater education course, prior to dates indicated on the phase-in schedule.

Source. 2000, 52:3. 2002, 272:8, eff. May 18, 2002.

Section 270-D:20

    270-D:20 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Approval of boating safety education courses.
II. Criteria for boating safety equivalency examinations.
III. The enforcement of provisions of this subdivision and the rules adopted pursuant to it.

Source. 2000, 52:3, eff. Jan. 1, 2002.

Commission to Study Creating a Boat Safe Card

Section 270-D:21

    270-D:21 Repealed by 2018, 129:2, eff. Nov. 1, 2018. –