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Originally Posted by lake4life
I have a question that I hought I'd ask in this thread instead of starting a new one...
If you're stopped by the MP and you don't have that little boating cert card, but have your drivers license, is this sufficient to not get hit with a fine? I got my boating license the first year it was instituted but have moved 4 times in 3 states since. I no longer have this card, but I was told (by another boater) that if you present your drivers license, they can look up the boating license and see that you're clear. It doesn't mention anything about this in on the Dept of Safetey FAQ. Does anyone know if this is true?
I'm going to send in the replacement card app, but I'm wondering if it's worth chancing it until I get the replacement. The application says it takes 4-6 weeks, so the season may be over by the time I get the card.
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You have 48 hours to produce evidence of your certificate after the stop. This would include contacting MPHQ and getting a verification if you have lost the card. It would also be an affirmative defense if you are already in process of getting a replacement card, so I would do so immediately.
Yes, an officer can also verify license status in the field but it would be dependent on how busy dispatch was at the time and in some cases whether the officer actually has communications with HQ given his particular location. If the officer has the tiime & the means he will definitely be in touch with HQ during the stop attempting to determine your eligibility to be operating.
Below is the applicable RSA:
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 or charged with a violation or some other offense.
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.