Quote:
Originally posted by wehatetoquitit
Well Skip, now I am really confused.
If I am stoped by MP for some infraction, not involving another boat and I have an on-line NASBLA cert. what enhanced civil penalties would I be liable for. If another boat was involved (accident) and I have a NH proctored cert., I could see the opposing atty. arguing that I have taken a proctered exam and therefore the penalties should be greater, because I should have known better. I thought the certification program was about education. And if everyone has some degree of education, boating in general should be safer.
l still don't understand why enhanced penatlies for not having a proctored cert. What if a certificate is issued by another state with a proctered exam, but the rules in that state differ from NH, would the same enhanced civil penalties apply?
Just trying to understand so I can stay out of trouble.
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Let me try to explain this.
If you are stopped by the Marine Patrol and have a NASBLA approved certificate from a state that has reciprocity with New Hampshire, then you will not be cited for not having a safe boating certificate by the Marine Patrol whether you got that certificate from an on-line course or went through classroom education with a proctored exam. The Marine Patrol does not have the resources to determine the difference between the two.
If however, you are involved in an accident and are sued, and if the opposing attorney discovers that you got your NASBLA approved out of state boating certificate from an on-line course without a proctored exam, then the opposing attorney could make a case before the judge or jury that you were in violation of NH law and operating illegally, which would actually be true.
So, is a NASBLA approved on-line out of state certificate going to be honored by the Marine Patrol during a routine stop? Yes.
If you are involved in an accident and are sued will you be accused by the opposing attorney, and possibly the state, of operating a boat on NH waters in violation of the NH boater education law? Yes.
I think the "enhanced penalties" come into play because the opposing attorney would be able to show that because you held an on-line certificate issued after the date of the statute that you were on the water in violation of NH law and as such are totally at fault.
If you had a NASBLA approved certificate from a proctored exam no such accusation could be made.
So, did I make it clear as mud for you?