Quote:
Originally Posted by Bear Islander
...Confusing people that are only asking a simple question is not appropriate...
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I think that is an unfair statement due to the nature of the issue.
New Hampshire State law is clear, on line certificates obtained after January 1st are not valid in New Hampshire.
However, the New Hampshire Marine Patrol has stated to me and and least one other poster here that outside of this State, they have no reliable way to verify if a NASBLA certified certificate issued by another State was granted by a proctored exam or elicited through an on-line process.
Hence the current NHMP policy is not to enforce that particular provision of the statute when handed an out-of-state NASBLA certificate.
Now comes the complication. While the NHMP can, by policy, choose to ignore that provision of the statute and absolve you of criminal liability they cannot also absolve you of increased civil exposure.
What does that mean?
It means if you are involved in an accident and posess an out-of-state generated on-line NASBLA cerificate that was issued after January 1st any competent attorney can pursue enhanced civil penalties against you because you did not meet the statutory requirements to operate a vessel in the State of New Hampshire.
Civil trials and civil liability differ greatly from the facts and circumstances utilized in criminal court.
My advice, for what its worth? If you intend to boat in New Hampshire take the extra effort to obtain a proctored exam NASBLA certified certificate. It is much safer way to minimize your exposure in both criminal and
civil proceedings.