2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 270-D - Boating and Water Safety on New Hampshire Public Waters › Section 270-D:2 - General Rules for Vessels Operating on Water.

270-D:2 General Rules for Vessels Operating on Water. –
I. Vessels shall be operated at headway speed only, while passing under all bridges.
II. (a) It shall be the duty of each vessel to keep to the right when vessels are approaching each other head on.
(b) When the courses of vessels are so far to the starboard of each other as not to be considered as approaching head on, they shall keep to the left.
III. When vessels are crossing courses or approaching each other in an oblique direction which may involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way of the other, allowing the latter vessel to keep its course and speed.
IV. When vessels are running in the same direction and the vessel which is astern desires to pass the other, it shall do so only when sufficient distance between the vessels is available to avoid danger of collision, and at such a speed that its wake will not endanger the boat being passed or its occupants. No person operating a vessel shall abruptly change its course without first determining that it can safely be done without crossing immediately ahead of another vessel.
V. If, when vessels are approaching each other, either vessel fails to understand the course or intention of the other from any cause, such vessel or vessels shall immediately slow to a speed barely sufficient for steerage until the vessels have safely passed each other. If it appears the danger of collision is imminent both vessels shall stop or reverse and not proceed until such danger has been averted.
VI. (a) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(1) Rafts, floats, swimmers.
(2) Permitted swimming areas.
(3) Shore.
(4) Docks.
(5) Mooring fields.
(6) Other vessels.
(b) These requirements shall not apply when:
(1) Starting skiers from shore, docks or floats, as long as neither the boat nor the skier is endangering the life or safety of any person.
(2) A vessel is in the federal deepwater shipping channel of the Piscataqua River between navigation buoys R2, Wood Island at the mouth of the river and R12, opposite the Sprague Terminal.
(c) The operator of a towing boat shall be responsible for compliance with this paragraph.
(d) The requirements of RSA 270-D:2, VI(a)(3) shall not apply to a vessel in the waters of the Androscoggin River from the Errol Dam to Umbagog Lake or in the waters of the Magalloway River within the state of New Hampshire.
VI-a. [Repealed.]
VII. When a vessel is given the right-of-way, such vessel shall hold its course and maintain such speed as the circumstances prudently permit.
VIII. When a vessel is required to keep out of the way of another, it shall, if necessary, slacken its speed, stop, or reverse, and avoid crossing ahead of any other vessel.
IX. Canoes, kayaks, rowboats, sailboats, and swimmers shall be given the right-of-way. This requirement shall not be construed to allow deliberate impediment of motorboats by canoes, kayaks, rowboats, sailboats, and swimmers.
X. (a) No person shall operate a vessel on Lake Winnipesaukee at a speed greater than is reasonable and prudent under the existing conditions and without regard for the actual and potential hazards then existing. In all cases, speed shall be controlled so that the operator will be able to avoid endangering or colliding with any person, vessel, object, or shore.
(b) Where no hazard exists that requires lower speed for compliance with subparagraph (a), the speed of any vessel in excess of the limit specified in this subparagraph shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 30 miles per hour during the period from
1/2 hour after sunset to
1/2 hour before sunrise; and
(2) 45 miles per hour at any other time.
(c) The speed limitations set forth in subparagraph (b) shall not apply to vessels when operated with due regard for safety under the direction of the peace officers in the chase or apprehension of violators of the law or of persons charged with, or suspected of, any such violation, nor to fire department or fire patrol vessels, nor to private emergency vessels when traveling to emergencies. This exemption shall not, however, protect the operator of any such vessel from the consequences of a reckless disregard of the safety of others.
(d) The speed limitations set forth in subparagraph (b) shall not apply to boat racing permitted under RSA 270:27.
XI. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
Source.
1990, 171:1. 1994, 78:1. 1995, 191:2, 3. 2002, 272:13. 2008, 331:1, eff. Jan. 1, 2009. 2010, 41:1, eff. Jan. 1, 2011; 222:2, eff. Aug. 27, 2010.