N.H. Rev. Stat. § 270-E:2

Current through the 2024 Legislative Session
Section 270-E:2 - Definitions

In this chapter:

I. "Airboat" means any shallow-draft vessel propelled by an airplane propeller and steered by an airplane rudder or any vessel, including a hovercraft, which is designed to travel on a cushion of air on or within 2 feet of the water, not including any mechanical device which also functions as an airplane.
I-a. "Commercial Passenger Vessel" means any commercial vessel used as a common carrier of passengers; which carries passengers for hire; used by the proprietor or by any officer, agent, or employee of such proprietor, of any school or camp, for the transportation of persons; or used as a restaurant or similar enterprise that takes members of the public aboard.
II. "Commercial vessel" means:
(a) Any vessel used as a common carrier of passengers or property operating on a regular schedule;
(b) Any vessel propelled by electric or mechanical power carrying passengers for hire;
(c) Any such vessel or outboard motor when rented either separately or in connection with camps, cottages, or other real estate; provided, however, any applicant applying for a commercial vessel registration pursuant to this subparagraph shall certify that said application is bona fide and that the applicant does in fact rent the vessel or outboard motor on a regular commercial basis either separately or in connection with the camp, cottage or other real estate under penalty of perjury. The commissioner shall be the sole judge of whether or not the applicant qualifies for a commercial vessel registration pursuant to this subparagraph;
(d) Any such vessel or outboard motor used by the proprietor of any school or camp in which minors are received for compensation, or by any officer, agent or employee of such proprietor for the transportation of minors;
(e) A vessel used primarily for commercial purposes which, in the case of vessels used for tidal and coastal waters, is verified by the department of safety by means of a notarized document affirming that the vessel is so used. This documentation shall include, where applicable, the individual's national marine fisheries identification number, federal tax identification number filed with the department of revenue administration, a copy of the New Hampshire saltwater fishing license number, a copy of the New Hampshire commercial lobster license, a copy of the Certificate of Documentation from the United States Coast Guard, a statement declaring the commercial use of the vessel, a declaration that the vessel is not used for more than 14 days for noncommercial use, and an acknowledgment that falsification of any information is a violation. For the purposes of this paragraph "primarily for commercial purposes" means that the vessel is not used for more than 14 days of noncommercial use per registration year.
III. "Commissioner" means the commissioner of the department of safety.
IV. "Common carrier" means any person who undertakes, directly, or by his agent or under a lease or any other arrangement, to transport passengers or property on the public waters of the state operating on a regular schedule, for compensation.
V. "Department" means the department of safety.
VI. "Documented vessel or motorboat" means a vessel or motorboat for which a certificate of documentation has been issued by the United States Coast Guard.
VII. "Manufacturer or dealer" means any person engaged in the business of manufacturing or dealing in vessels or outboard motors.
VIII. "Motorboat" means a watercraft of any size equipped with propelling machinery, whether or not the machinery is the principal source of propulsion.
IX. "Numbers and numbering" means the appropriate number and the process of issuing identification numbers and a numbers certificate for a vessel or motorboat.
X. "Private vessel" means any vessel, not a commercial vessel, propelled by electric, human or mechanical power used exclusively for pleasure purposes by its owner, or others with his permission.
X-a. "Rental agent" means any person, as defined in RSA 270:2, II, accepting money or other valuable consideration for the temporary use of vessels, provided to members of the general public.
XI. "State of principal use" means the state on whose waters a vessel is used, or is to be used, the most during the calendar year.
XI-a. "Tender" means any small motorized vessel with less than a 5 horsepower engine less than 9 feet in length and used primarily for transportation to and from a primary vessel to which it is registered.
XI-b. "Tidal Waters" means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun.
XII. "Vessel" means every description of watercraft, other than seaplanes, used or capable of being used as a means of transportation on water.

RSA 270-E:2

Amended by 2024, 225:3, eff. 9/17/2024.
Amended by 2024, 225:2, eff. 9/17/2024.

1990, 229:1. 1992, 132:3. 1994, 38:2. 1995, 273:3. 2009, 298 : 2 , eff. Jan. 1, 2010.