Passing in a Channel...

[Loub52]

Having been previously stopped by marine patrol at the Bear Island Post Office no wake zone, no wake is defined as having nearly flat water at your stern, regardless of what your perspective is of your minimum manuverabilty speed. From my perspective, if you can pass in a no wake with adequate room to compensate for the unforseen loss of engine power with enough margin of safety to avoid hitting something, or someone, the more power to ya'

[tis]

Having seen lots of people stopped, and what I have been told by MP, I agree, Lou.

[BroadHopper]

Got stopped a couple of times and was told to have the boat fix!

[tis]

Glove
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Default Clarification on "No Wake" rules
I am posting an email sent to Marine Patrol seeking clarification on rules governing speed in "No Wake" zones, followed by the reply from Lieutenant Timothy Dunleavy. (He has provided his consent to reproduction of the email trail in this forum.) I found Lt. Dunleavy's reply to be both interesting and informative.

Glove

__________________________________________________ ______________

Thu, June 17, 2010 9:19:47 AM
Subject: Clarification on "no wake rules"
From: Lake Citizen
To: [email protected]


Dear Marine Patrol:

I am writing seeking clarification of the New Hampshire laws pertaining to No Wake zones. I first started by researching the question, "what is a wake -- 4 inches, 6 inches, 8 inches?" But I then determined that New Hampshire law makes very clear that the speed allowed in a "No Wake" zone is headway speed...in other words headway speed and "no wake speed" are synonomous.

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270-D
BOATING AND WATER SAFETY ON NEW HAMPSHIRE PUBLIC WATERS
Section 270-D:1
270-D:1 Definitions. – In this chapter:


VI. "Headway speed" means 6 miles per hour or the slowest speed that a boat can be operated and maintain steerage way.

VIII. "No wake area" means an area where a boat is to be operated only at headway speed.



But believe it or not, I am seeking information on interpretation of the word "or" in the headway speed definition.

I can understand that for very large boats that cannot maintain steerage at less than 6 mph, they may have to travel at 7 or 8 mph to maintain steerage...but they should operate at the slowest speed above 6 mph that allows for steerage. (In other words, they select the second option: "slowest speed that a boat can be operated and maintain steerage way.")

But the real question is what about tiny boats that can easily maintain steerage at extremely slow speeds? For example, a 12 foot jon boat with a motor on the back can maintain steerage at 1 mph. So in this case, is headway speed considered 1 mph (i.e. slowest speed that a boat can be operated and maintain steerage"), or is headway speed considered any speed less than 6 mph? Based on the NH law, it appears that in the case of the jon boat, law abiding citizens may choose between the two options of :

6 miles per hour
OR
the slowest speed that a boat can be operated and maintain steerage way

In other words, the jon boat can choose to travel at 6 mph (even if it creates a 4 inch "wake"). Is this correct?

Thank you in advance for taking the time to address this question.

Sincerely,
Lake_Citizen


__________________________________________________ ______________

Sat, June 19, 2010 9:52:43 AM
Subject: Headway Speed/No Wake
From: "Dunleavy, Timothy"
To: lake_citizen


Lake Citizen,

Thank you for your inquiry.

Your research is accurate as to the definitions you cite. To clarify your question, I’ll offer you some history behind the law change that took effect in 1995. The “old” language stated, headway speed was the slowest speed that the boat could be operated and maintain steerage way, “but which does not exceed 6 miles per hour.”

In the early 1990’s Marine Patrol began patrolling our seacoast. It was recognized by our officers that the tidal currents in the state’s coastal rivers often exceeded 6 mph and therefore safe steerage for a vessel fighting the current would need to exceed the limits of the law.

As a result the law was changed to its current language. Local Judges have accepted and recognize the intent of the law and therefore the application of the “slowest speed necessary…” is the portion of the definition that our officers most often use in their application of the law.

To try and answer your question specifically as it applies to a 12’ jon boat (your example). The officer would look at several things when considering a boat stop for a violation. They would include the existing water conditions, the boat’s wake, how much faster than necessary they are travelling, is the attitude of the bow “lifting” vs. flat, speed and size of other vessels in the immediate area, etc. I believe that a common sense application of these concepts by any boat operator will keep them safe and legal.

If you have any other questions, feel free to contact me at Marine Patrol Headquarters or by phone at the number listed below.

Safe Boating!!

Tim

Timothy C. Dunleavy
Lieutenant,
New Hampshire Marine Patrol
31 Dock Rd.
Gilford, NH 03249
Ph. 603-293-2037
Fax 603-293-0096

[MeredithMan]

I was at my Marina's annual Customer Appreciation Party yesterday and Marine Patrol had an officer there answering questions, handing out flyers, and doing the community outreach thing.

I asked the officer about passing in a channel. His answer was that as long as the "passing boat" was not being reckless and endangering himself or others, was not leaving a wake, and was at "headway speed", it would be ok to overtake the slower vessel in front of him.

So there you have it.....

[Hillcountry]

Originally Posted by MeredithMan

I was at my Marina's annual Customer Appreciation Party yesterday and Marine Patrol had an officer there answering questions, handing out flyers, and doing the community outreach thing.

I asked the officer about passing in a channel. His answer was that as long as the "passing boat" was not being reckless and endangering himself or others, was not leaving a wake, and was at "headway speed", it would be ok to overtake the slower vessel in front of him.

So there you have it.....

In other words...common sense!

[Winnisquamer]

Originally Posted by Hillcountry

In other words...common sense!

In other words according to MP, half this forum is just miserable at people following the laws legally because, " they were at the channel in line first"

[Orion]

Originally Posted by Winnisquamer

In other words according to MP, half this forum is just miserable at people following the laws legally because, " they were at the channel in line first"

Then some of the captains need to bump it up a hair above idle and everyone will be happy.

[jeffk]

Originally Posted by MeredithMan

I was at my Marina's annual Customer Appreciation Party yesterday and Marine Patrol had an officer there answering questions, handing out flyers, and doing the community outreach thing.

I asked the officer about passing in a channel. His answer was that as long as the "passing boat" was not being reckless and endangering himself or others, was not leaving a wake, and was at "headway speed", it would be ok to overtake the slower vessel in front of him.

So there you have it.....

I think the key point here is "not being reckless and endangering himself or others". If there are only two boats in a channel and one passes the other, probably fine. If there are 5 boats in a channel, 3 going in one direction and 2 in the other and all trying to pass each other (a situation I witnessed, with a MP officer stopped in the middle of it all trying to ticket yet another vessel) I would define that as reckless bordering on insane. It's not the action, per se, it's the situation.

Yes, common sense but it seems uncommon for too many boaters.