Saf-C 6100

CHAPTER Saf-C 6100 SAFE BOATER EDUCATION

Statutory Authority: RSA 270-D:20

PART Saf-C 6101 SCOPE OF RULES

Saf-C 6101.01 Applicability.

(a) Pursuant to RSA 270-D:10, 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 these rules:

(b) Pursuant to RSA 270-D:12, these rules shall not apply to a person who is licensed by the state of New Hampshire or the United States Coast Guard to operate a commercial vessel.

(1) Any state indicating successful completion of boating safety education that meets or exceeds the requirements of RSA 270-D:10 et seq. and these rules, as determined by the department;

(2) The United States Coast Guard Auxiliary; or

(3) United States Power Squadron.

Source. #7650, eff 2-20-02; amd by #7727, INTERIM, eff 7-20-02, EXPIRED: 1-16-03; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

PART Saf-C 6102 DEFINITION OF TERMS

Saf-C 6102.01 "Approved program" means a safe boater education program which has authorization from the commissioner of safety.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.02 “Commissioner” means the commissioner of the New Hampshire department of safety.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.03 “Department” means the New Hampshire department of safety.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.04 “Director” means the director of the division of safety services.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.05 “Division” means the division of safety services of the New Hampshire department of safety.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.06 “National Association of State Boating Law Administrators (NASBLA)” means an association representing the boating authorities of the 50 states and US territories.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.07 “Proctor” means an individual who has been approved by the commissioner to offer boating safety education courses and to administer an equivalency examination.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.08 “Safe boater education certificate” means a document issued by the division certifying that the person named on the card has established proof of competency and is authorized to operate a boat in New Hampshire pursuant to RSA 270-D:13.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6102.09 “Temporary certificate” means a document issued by the division certifying that the person named on the document has established proof of competency and is authorized to operate a boat in New Hampshire pursuant to RSA 270-D:14.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

PART Saf-C 6103 APPROVED COURSE PROVIDERS

Saf-C 6103.01 Approved Boat Safety Education Courses Providers.

(a) The following organizations offer boat safety courses which shall be acceptable for the purposes of RSA 270-D:13, I(a):

(1) The department;

(2) Coast Guard Auxiliary;

(3) United States Power Squadron, (U.S.P.S.); and

(4) Individuals or private organizations approved in accordance with Saf-C 6103.02.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6103.02 Approval Process for Boat Safety Education Providers.

(a) Individuals or private organizations who would like to teach or provide the approved safe boater education course shall apply to the commissioner to become an approved course provider.

(b) To apply to become an approved course provider, the applicant shall submit a request in writing and course outline to the director.

(c) If a course provider utilizes a classroom instructor, in addition to (b) above, the applicant shall submit information on each instructor on form DSSS 93. Form DSSS 93, may be obtained by writing to the division of safety services, safe boater education program, James H. Hayes Building, 33 Hazen Drive, Concord, N.H. 03305.

(d) Each instructor applicant shall submit the following on form DSSS 93:

(1) Name, address, and phone number;

(2) Date of birth;

(3) Sex;

(4) Indication as to whether the applicant has been convicted of a crime and if so, an explanation of the criminal convictions;

(5) Date and level of education last completed;

(6) Teaching experience, if any;

(7) Driver license number and state of issuance;

(8) Motor vehicle violations, if any;

(9) Boating violations, if any;

(10) A certificate pursuant to RSA 270-D:10, III(c);

(11) Boating experience; and

(12) Names and numbers of 3 references.

(e) The applicant shall sign and date the form.

(f) Course content shall be acceptable if it includes, but is not limited to, training on the following:

(1) The vessel, including:

a. Hull designs, specifically:

1. Displacement hulls; and

2. Planing hulls;

b. Types of propulsions, specifically:

1. Outboard motors;

2. Inboards/outboards or stern drive;

3. Straight inboards; and

4. Jet drive;

c. Capacity plates, including:

1. Location; and

2. Information to include, but not be limited to:

(i) Maximum number of people;

(ii) Maximum carrying weight, in pounds; and

(iii) Maximum horsepower for outboard boats;

d. The engine, including:

1. Flame arrestor requirements;

2. Decibels limit; and

3. Mufflers;

e. Navigation lights, including:

1. New Hampshire inland water requirements;

2. Time for lights; and

3. Lights on non-power boats; and

f. Ventilation;

(2) Registration requirements, including:

a. Which boats are required to be registered;

b. Registration required on vessel;

c. Displaying bow numbers and current year validation sticker; and

d. Hull identification number;

(3) Operator requirements, including minimum age;

(4) Classification of boats;

(5) Minimum equipment requirements, including:

a. Life jackets and throwable device;

b. Fire extinguishers; and

c. Sound producing devices;

(6) New Hampshire inland waters navigational aids;

(7) Boat operating laws and rules, including:

a. Speed and bridges;

b. Vessels meeting head on;

c. Vessels crossing courses or meeting obliquely;

d. Overtaking vessels;

e. Safe passage;

f. Vessel with right of way to hold course;

g. Action of vessel without right of way;

h. Operating in fog;

i. Rights of canoes, rowboats and sailboats;

j. Headway speed;

k. Good samaritan rule of 1971, as set forth in Saf-C 404.07; and

l. Divers’ flag;

(8) The New Hampshire waterskiing laws and rules, including:

a. Motor boats towing persons on water skis, wakeboards, or similar devices;

b. Observer requirements for water skiing;

c. Number of skiers allowed;

d. Life jacket required for skiers; and

e. Minimum age of operator if engine is greater than 25 horsepower;

(9) Minimum age of ski craft operators;

(10) Other boating laws and rules, including:

a. Overloading;

b. Riding on gunwales, bow and transom;

c. Disobeying an officer;

d. Careless and negligent operation of a boat;

e. Boating while intoxicated; and

f. Implied consent for boater, and penalty;

(11) Boating accidents, including:

a. The definition of boating accident;

b. Causes of the accident;

c. Prevention of accidents; and

d. Reporting requirements; and

(12) Other boating information, including:

a. Trailering the vessel;

b. Anchoring the vessel;

c. Procedures for falls overboard;

d. Assisting a person from shore;

e. Visual distress signals; and

f. Weather.

(g) An application shall be approved if the commissioner determines that:

(1) The course content meets (f) above; and

(2) The applicant has the qualifications and resources to offer a safe boater education course consistent with the law and these rules.

(h) The commissioner shall issue a state course provider identification number to an applicant who receives approval.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

PART Saf-C 6104 BOATER SAFETY EDUCATION COMPETENCY

Saf-C 6104.01 Minimum Standards for Boating Safety Education Competency.

(a) A person required to possess a safe boater education certificate in order to operate a motorboat in New Hampshire shall meet the minimum standard for boating safety education competency, as set forth in RSA 270-D:13.

(b) The minimum standards for boater safety education competency shall be:

(1) Successful completion of a boating safety course in person and passing score of at least 80 percent on a written test administered at the conclusion of the course by the instructor or a proctor, pursuant to RSA 270-D:13, I(a);

(2) A score of 80 percent on a proctored equivalency examination, pursuant to RSA 270-D:13, I(b); or

(3) Possession of a certificate, card or other official document issued by:

a. Another state indicating successful completion of boating safety education that:

1. Meets or exceeds the requirements of a New Hampshire safe boater education certificate; and

2. Is NASBLA approved;

b. US Power Squadron; or

c. US Coast Guard Auxiliary.

Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6104.02 Home Study Course and Self-Test. Home study courses and self-tests shall meet the course content requirements as set forth in Saf-C 6103.02(f).

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6104.03 Internet Course.

(a) For an internet course to meet the department’s standards, it shall meet the course content requirements as set forth in Saf-C 6103.02(f).

(b) Questions shall be pulled randomly from a database.

(1) Boating emergencies;

(2) New Hampshire boating laws;

(3) Boat operation;

(4) Navigational rules; and

(5) Safety inspection and equipment.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6104.04 Proof of Competency.

(a) Evidence of satisfactorily meeting the minimum competency requirements for the purposes of Saf-C 6105.01 shall include:

(1) Certificate of completion issued by the division or other approved boating safety course provider; or

(2) Certificate, card or other document issued by a proctor or instructor stating that the individual passed the equivalency exam with a score of 80% or better

(b) The division shall accept a written and signed statement from an approved course provider that the individual has successfully completed a boating safety education course or equivalency exam only if the original certificate is not available.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

PART Saf-C 6105 SAFE BOATER EDUCATION CERTIFICATE

Saf-C 6105.01 Application for Safe Boater Education Certificate.

(a) To obtain a safe boater education certificate, an applicant shall:

(1) Complete and sign form DSSS 94; and

(2) Provide a copy of a proof of competency document, pursuant to Saf-C 6104.04; and

(3) Submit the fee of $10.00.

(b) An applicant shall provide the following information on DSSS 94:

(1) Name;

(2) Mailing address;

(3) Summer address, if applicable;

(4) Date of birth;

(5) Hair color;

(6) Eye color;

(7) Gender; and

(8) Height.

Source. #7650, eff 2-20-02; amd by #7727, INTERIM, eff 7-20-02, EXPIRED: 1-16-03; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6105.02 Safe Boater Education Certificate.

(a) Upon the receipt of the required application, the division shall issue a certificate to the applicant.

(b) The certificate shall contain a unique number that corresponds to the individual named on the certificate.

(d) Certificates shall not be transferable.

Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6105.03 Replacement Certificates.

(a) To obtain a replacement certificate, an applicant shall complete and sign DSSS 95.

(b) An applicant shall provide the following information on DSSS 95:

(1) Name;

(2) Address;

(3) Date of birth;

(4) Hair color;

(5) Eye color;

(6) Gender; and

(7) Height.

Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6105.04 Minimum Age. Pursuant to RSA 270-D:13, IV, an individual who has successfully completed 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 and upon fulfilling the requirements in Saf-C 6105.01.

Source. #7650, eff 2-20-02; rpld by #7975, eff 10-20-03; ss by #9472, eff 5-18-09 (formerly Saf-C 6105.05)

Saf-C 6105.05 Fees.

(a) Pursuant to RSA 270-D:17, III, the total of all fees that a person is required to pay pursuant to these rules, shall not exceed $50.00.

(b) Agents of the department offering the safe boater education course shall not charge more than $40.00 per student.

(c) The department shall charge $30.00 to each student for the safe boater education course administered by the division.

Source. #7727, INTERIM, effective 7-20-02, EXPIRED: 1-16-03

New. #7975, eff 10-20-03; ss by #9472, eff 5-18-09 (formerly Saf-C 6105.06)

PART Saf-C 6106 TEMPORARY CERTIFICATE

Saf-C 6106.01 14-Day Temporary Safe Boater Examination.

(a) “Agent”, for the purposes of this section, means a 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 Saf-C 6104.01(b)(1).

(b) “Personal information” for purposes of this section, means information that identifies a person, including but not limited to name, address, and date of birth.

(d) In order to meet the commissioner’s approval an agent shall:

(1) Attend a 2 hour training session provided by the division;

(2) Have a physical area to accommodate testing;

(3) Execute an agreement with the division, including a provision that the agent shall not divulge personal information acquired as part of administering the test;

(4) Accommodate testing during fixed hours; and

(5) Make available an individual to assist and respond to any questions from the applicants.

(e) Pursuant to RSA 270-D:17, agents offering the 14-day temporary boater education certificate and exam may charge the following fees:

(1) Up to $5.00 for the 14 day temporary certificate; and

(2) Up to $15.00 for the 14 day temporary exam.

Source. #7650, eff 2-20-02; ss by #7727, INTERIM, effective 7-20-02, EXPIRED: 1-16-03

New. #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6106.02 Temporary Certificate of Safe Boating Education.

(a) An individual who has successfully passed a temporary safe boater examination shall be issued a temporary certificate.

(b) The temporary certificate shall be valid 14 days from the date of issuance.

(d) The temporary certificate of safe boating education shall be issued on form DSSS 91.

(e) A DSSS 91 shall contain the following:

(1) Name;

(2) Mailing address;

(3) Summer address, if applicable;

(4) Gender;

(5) Eye color;

(6) Hair color;

(7) Height;

(8) Date of birth;

(9) Date of issue;

(10) Test score; and

(11) Location.

(f) If an individual fails the temporary safe boater examination, the individual may retake the temporary safe boater examination after a 24 hour period.

Source. #7650, eff 2-20-02; ss by #7975, eff 10-20-03; ss by #9472, eff 5-18-09

PART Saf-C 6107 HEARINGS

Saf-C 6107.01 Right to a Hearing. Anyone aggrieved by a decision of the commissioner pursuant to these rules and RSA 270-D:10 et. seq. shall be entitled to a hearing.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6107.02 Procedure for Hearings. All hearings conducted under this chapter shall be in accordance with the department’s administrative hearing rules, Saf-C 200.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6107.03 Revocation of Certificate.

(a) Upon showing of just cause, pursuant to RSA 270-D:13, II, a boating certificate shall be revoked after a hearing.

(b) The revocation period shall not exceed one year. Notwithstanding anything to the contrary, if after the hearing the hearing examiner finds that the holder of the safe boater education certificate shall benefit from reattending a safe boater education course, the hearing examiner shall set forth his or her findings in his or her order and the holder of the safe boater education certificate shall not have his or her certificate reinstated until he or she has complied with the hearing examiner’s order.

(1) Conviction of a boating while intoxicated; or

(2) Conviction of any act that indicates a reckless disregard for the safety of the public on the state’s waters.

(d) For the purposes of this section, the scope of the hearing shall be limited to:

(1) A review of the court abstract;

(2) Whether the individual has been boating to endanger the public; and

(3) Whether the individual is the named person on the court abstract or complaint.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09

Saf-C 6107.04 Revocation of Agent Approval.

(a) Any agent appointed by the commissioner, pursuant to RSA 270-D:14 and these rules, after notice an opportunity for a hearing, shall have his or her appointment revoked by the department if:

(1) The agent violated any statute, rule, or agreement adopted thereunder relative to safe boater education; or

(2) The agent falsified any documentation submitted to the department.

Source. #7975, eff 10-20-03; ss by #9472, eff 5-18-09

Saf-C 6107.05 Revocation of Course Provider Approval.

(a) A course provider approved by the commissioner, pursuant to RSA 270-D:10 and these rules, after notice and opportunity for a hearing, shall have his or her approval revoked by the department if:

(1) The course provider violated any statute or rule adopted thereunder relative to safe boater education; or

(2) The course provider provided false or misleading information to the department on his or her application or as part of the approval process.

Source. #7975, eff 10-20-03; ss by #9472, eff 5-18-09

APPENDIX

RULE NUMBER	STATUTE IMPLEMENTED

Saf-C 6101.01(a)	RSA 270-D:10, I & RSA 541-A:8
Saf-C 6101.01(b)	RSA 270-D:12
Saf-C 6101.01(c)	RSA 270-D:15
Saf-C 6102	RSA 541-A:1, XV & RSA 541-A:8
Saf-C 6103.01	RSA 270-D:13, I
Saf-C 6103.02 (a)	RSA 270-D:10, III
Saf-C 6103.02(b) – (h)	RSA 270-D:10, III & RSA 270-D:20, I
Saf-C 6104.01(a) & (b)(1)-(4)	RSA 270-D:13
Saf-C 6104.01(b)(3)	RSA 270-D:15
Saf-C 6104.02	RSA 270-D:10, II; 270-D:20 I & II
Saf-C 6104.03	RSA 270-D:10, V
Saf-C 6104.04	RSA 270-D:13, I & RSA 270-D:20, III
Saf-C 6105.01 & Saf-C 6105.02	RSA 270-D:13, RSA 270-D:17 & RSA 270-D:20, III
Saf-C 6105.03	RSA 270-D:13, III & RSA 270-D:20, III
Saf-C 6105.04	RSA 270-D:13, IV & RSA 270-D:20, III
Saf-C 6105.05	RSA 270-D:17 & RSA 270-D:20, III
Saf-C 6105.03	RSA 270-D:13, III & RSA 270-D:20, III
Saf-C 6106.01(a) – (d)	RSA 270-D:14 & RSA 270-D:20, III
Saf-C 6106.01(e)	RSA 270-D:14 & RSA 270-D:17
Saf-C 6106.02	RSA 270-D:14, RSA 270-D:20, III & RSA 541-A:16, I(b)(1)
Saf-C 6107	RSA 270-D:13, II & RSA 541-A:16, I (b)(2)