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) A certificate from 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) A certificate from the United States Coast Guard Auxiliary;

(3) A certificate from the United States Power Squadron; or

(4) A Canadian certificate approved by Transport Canada and approved by the National Association of State Boating Law Administrators.

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

Saf-C 6102.04 “Director” means the director of the division of state police.

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09; ss by #12467, eff 1-25-18

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

Source. #7650, eff 2-20-02; ss by #9472, eff 5-18-09; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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 complete and submit information on each instructor on or with Form DSSS 93, “Boating Education Instructor Applicant Information”, revised 12/2017.

(d) Form DSSS 93 may be obtained by writing to the:

Safe Boater Education Program

NH Marine Patrol

31 Dock Road

Gilford, NH 03249.

(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, at a minimum:

a. Speed and bridges, RSA 270-D:2, I;

b. Vessels meeting head on, RSA 270-D:2, II (a) and (b), and RSA 270-D:2, V;

c. Vessels crossing courses or meeting obliquely, RSA 270-D:2, III;

d. Overtaking vessels, RSA 270-D:2, IV;

e. Safe passage, RSA 270-D:2, VI;

f. Vessel with right of way to hold course, RSA 270-D:2, VII;

g. Action of vessel without right of way, RSA 270-D:2, VIII;

h. Operating in fog, RSA 270-D:11, and Saf-C 404.01 and Saf-C 404.02;

i. Rights of canoes, rowboats, sailboats, and standup paddleboards, RSA 270-D:2, IX;

j. Headway speed, RSA 270-D:2, VI; and

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

l. Divers’ flag, RSA 270:31;

(8) The New Hampshire waterskiing laws, including:

a. Motor boats towing persons on water skis, wakeboards, or similar devices, RSA 270-D:3, I(a) and (b);

b. Observer requirements for water skiing, RSA 270-D:3, III;

c. Number of skiers allowed, RSA 270-D:3, III;

d. Life jacket required for skiers, RSA 270-D:3, V; and

e. Minimum age of operator if engine is greater than 25 horsepower, RSA 270:30, I;

(9) Minimum age of ski craft operators, RSA 270:74, I;

(10) Other boating laws, including:

a. Overloading, RSA 270-D:5;

b. Riding on gunwales, bow and transom, RSA 270-D:7;

c. Disobeying an officer, RSA 270:12-b, I (a)-(e);

d. Careless and negligent operation of a boat, RSA 270:29-a;

e. Boating while intoxicated, RSA 265-A:2, II; and

f. Implied consent for boater, and penalty, RSA 265-A:4;

(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; ss by #12467, eff 1-25-18

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;

c. US Coast Guard Auxiliary, or

d. Transport Canada and approved by NASBLA.

Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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, sign and submit form DSSS 94, “Temporary Boater Education Certificate”, revised 12/2017; 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

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

Saf-C 6105.03 Replacement Certificates.

(a) To obtain a replacement certificate, an applicant shall complete and submit Form DSSS 95, “Replacement Card Form”, as revised 12/17, or optionally, request a replacement card on https://ilostmycard.com, and shall remit payment of the fee pursuant to Saf-C 6105.01(a) above.

(b) An applicant shall provide information for replacement or to request a duplicate card as follows:

(1) To utilize the Form DSSS 95:

a. The applicant shall provide the following information:

1. Name;

2. Address;

3. Telephone number;

4. Certificate number, if known;

5. Date of birth;

6. Hair color;

7. Eye color;

8. Gender;

9. Height;

10. Reason for replacement; and

11. Payment method;

b. The applicant shall print legibly on the form;

c. The applicant shall specify the reason for a replacement or duplicate card:

1. Lost certificate;

2. Address change;

3. Change of name, with proof of name change, and the original certificate; or

4. Other, including an explanation of the circumstances surrounding the need for replacement or a duplicate card;

d. The applicant may pay via the following payment methods:

1. Cash;

2. Check or money order, made payable to the State of NH; or

3. Credit card, where the applicant shall provide:

(i) Cardholder name;

(ii) Credit card number;

(iii) Expiration date; and

(iv) Amount of payment;

e. Payments by mail shall be sent to:

New Hampshire Marine Patrol

Boater Education Program

31 Dock Road

Gilford, NH 03249

f. Payments in person may be made to the address in (e) above, between the hours of 8:15 am and 4:15 pm, Monday through Friday;

g. Persons with questions regarding the process can call 603-293-2037, option 1; and

h. The division of state police will submit the request for a new card as soon as practicable, but applicants should expect that delivery of the replacement or duplicate card could take as long as 4 weeks;

(2) To utilize the website of https://ilostmycard.com applicants shall provide the following information:

a. State of issuance;

b. Type of card;

c. First name;

d. Last name;

e. Month of birth;

f. Numeric day of birth;

g. Year of birth;

h. Number of replacement certificates required, which calculates the total to be charged;

i. Credit card number;

j. Card expiration;

k. First name on card;

l. Last name on card;

m. Checkmark to use the certification address as billing address; or

n. Billing address country;

o. Billing address street;

p. Billing address city;

q. Billing address state or province; and

r. Billing address zip or postal code.

Source. #7650, eff 2-20-02; amd by #7975, eff 10-20-03; ss by #9472, eff 5-18-09; ss by #12467, eff 1-25-18

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); ss by #12467, eff 1-25-18

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); ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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, “Temporary Boater Certificate”, shall contain the following:

(1) Name;

(2) Physical address;

(3) Certificate number;

(4) Gender;

(5) Eye color;

(6) Hair color;

(7) Height;

(8) Date of birth; and

(9) Date of issue.

(f) The individual shall sign and date the certificate to certify that he or she completed the exam for the 14-day temporary boater certificate.

(g) By signing and dating the certificate, the individual certifies that:

(1) He or she has successfully completed the exam for the New Hampshire 14-day temporary boater certificate;

(2) He or she understands and accepts that the certificate must be carried onboard whenever the signor is operating the vessel;

(3) He or she understands and accepts that the certificate must not the altered or tampered; and

(4) He or she understands and accepts that it is a violation for anyone other than the signor to use the certificate.

(h) The agent shall sign the DSSS 91 once it is properly completed in accordance with this section.

(i) 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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

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 and 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; ss by #12467, eff 1-25-18

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; ss by #12467, eff 1-25-18

APPENDIX

Rule	Specific State Statute the Rule Implements

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 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)