New Hampshire § 270-37 - Section 270:37 Decibel Limits on Noise.

§ 270-37. Section 270:37 Decibel Limits on Noise.

I. No person may operate, sell, or offer for sale any marine engine which is capable of being operated in a manner which exceeds the following noise levels measured under any testing procedure established pursuant to rules adopted under RSA 270:39: (a) For a marine engine manufactured in or before 1990, a noise level of 90 decibels when subjected to stationary testing. (b) For a marine engine manufactured after December 31, 1990, a noise level of 88 decibels when subjected to stationary testing. (c) For a marine engine manufactured in or before 1990, a noise level of 84 decibels on the "A" scale, measured at 50 feet. (d) For a marine engine manufactured after December 31, 1990, a noise level of 82 decibels on the "A" scale, measured at 50 feet. II. The director or the director's agent may order the operator or owner of any boat which he or she has articulable suspicion to believe is capable of being operated in a manner which exceeds the decibel limits contained in this section to subject the boat to one or more noise level testing procedures as provided in this subdivision or to inspection of the engine and mechanical systems for violations of this section or RSA 270:25. 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. V. Pursuant to the penalties imposed under RSA 270: 41-a, any person convicted of violating this section shall be fined not less than $250. No portion of any fine imposed under this section shall be suspended or reduced by the court.