Winnipesaukee Forum - View Single Post

Woodsy · 08-13-2014, 02:10 PM

depasseg,

The law is actually very clearly written to allow variation and still have a set enforceable parameter. The set parameter is 6 MPH, you are not to exceed that unless deemed necessary (by you the captain) to maintain steerage. That's the variation. The burden of proof is on the MP below 6 MPH, the Burden of proof above 6 MPH is on you, the captain, to justify why you had to exceed 6 MPH.

There is no need for Boolean logic. There are plenty of precedents in the courts.

The NH Legislature recognized that different boats require different speeds to maintain steerage. They also recognized that requiring all boats to travel at the slowest possible speed of another craft was an undue burden. 6 MPH was the decided upon headway speed recommendation. This takes into account boat type, safety, boat traffic, currents, weather condition etc. Thus, you can actually get out of Paugus bay on a holiday weekend... Or up the Piscataqua River with an outgoing tide.

The Weirs Channel is approx 3/4 of a mile long... not counting boats stacking up. At 3 MPH its a 15 minute transit time... at 6 MPH its a 7.5 minute transit time.

Woodsy

08-13-2014, 02:10 PM	#48
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,949 Thanks: 80 Thanked 969 Times in 432 Posts	depasseg, The law is actually very clearly written to allow variation and still have a set enforceable parameter. The set parameter is 6 MPH, you are not to exceed that unless deemed necessary (by you the captain) to maintain steerage. That's the variation. The burden of proof is on the MP below 6 MPH, the Burden of proof above 6 MPH is on you, the captain, to justify why you had to exceed 6 MPH. There is no need for Boolean logic. There are plenty of precedents in the courts. The NH Legislature recognized that different boats require different speeds to maintain steerage. They also recognized that requiring all boats to travel at the slowest possible speed of another craft was an undue burden. 6 MPH was the decided upon headway speed recommendation. This takes into account boat type, safety, boat traffic, currents, weather condition etc. Thus, you can actually get out of Paugus bay on a holiday weekend... Or up the Piscataqua River with an outgoing tide. The Weirs Channel is approx 3/4 of a mile long... not counting boats stacking up. At 3 MPH its a 15 minute transit time... at 6 MPH its a 7.5 minute transit time. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.