Marine Patrol Response / Information on Noise Violations

[LIforrelaxin]

Well I wrote to the marine patrol and got information on Noise violations and how the marine patrol Responds. While I don't have a confirmed answer of will the tow a boat found in violation, I do believe it is implied well enough that it would be the rare or extreme case where that would happen. They want to give people a chance to correct the situation. However this response also implies, that from being told that you are in violation, you are to get off the water immediately.

This response also indicates, that just because you passed once upon a time that your not exempt from ever having to go through it again, they will retest you.

It is also noted that you can submit to a voluntary test, and avoid the fine, that you will receive if you are caught over the limit.

Thank you for your email concerning noise decibel limits on NH public waterways, RSA 270:25, 270:37, 270:37-a, 270:40. The Marine Patrol receives many complaints every boating season concerning loud boats across the state. Our officers enforce the decibel limits as defined by statute, this is dictated by the year of the boat and method used to test the boats exhaust; either a stationary or moving test.



I think it’s important to provide a little background to decibel noise testing. When a boat is suspected of being loud and the officer has the capability, they will perform a stationary test on the spot. If the boat fails this test they will be provided a failure notice which prohibits further operation until the boat has submitted to another decibel test and successfully passed. A person choosing to operate after this is guilty of a violation, subject to a maximum penalty of $1000.00 and guilty of a misdemeanor, which is a criminal offense for a subsequent offense if it occurs within a calendar year.



Another option for testing is the moving test which includes testing the decibel levels on the “A” scale at a distance of 50’, this testing is typically completed on Lake Winnipesaukee on a designated course. This testing process is much more involved requiring multiple officers. The same penalties apply as listed in the above paragraph for someone that exceeds the decibel limit.



It’s important to understand that conditions may not always be conducive to conduct the test. Certain weather conditions, water conditions or excessive ambient noise may all prohibit a test from being conducted at that time. Furthermore, if someone successfully passes a noise decibel test they are subject for re-test if they are suspected of being loud in the future.



To directly address your question, Marine Patrol has no intention of towing or impounding someone’s vessel as a result of a decibel limit violation. This action would unnecessarily occupy an officer and take them away from their patrol responsibilities. Furthermore impounding someone’s vessel would prove counter intuitive as the intention is to have the owner fix their exhaust quickly so they may enjoy their boating time on the water. The specific portion of law that applies to your question is contained within RSA 270:37 III, IV:



III. A boat owner or operator shall submit a boat which is the subject of an order by the director or the director’s agent pursuant to RSA 270:37, II to noise level testing by the director or the director’s agent immediately or at the time and location designated by the director or the director’s agent. No person shall operate the boat after the time designated until it is subjected to such noise level testing or engine and mechanical system inspection.

IV. The director or the director’s agent may prohibit the operator or owner of any boat which fails a noise level testing procedure from operating the boat until the boat successfully passes the procedure. No person shall operate a boat contrary to such an order of the director.



To wrap this up we strongly encourage anyone who suspects their boat of being loud to contact Marine Patrol. We will gladly perform noise level testing so they will know first-hand. If they are found to be loud due to a voluntary test they will avoid the minimum fine by statute of $250.00 ($310.00 includes the penalty assessment); the boat will still not be able to operate until their decibel limits are in compliance. Our office is very accommodating when it comes to conducting noise level testing for individuals, remember our goal is for everyone to safely recreate on the waters of the state without excessive noise deterring from it.