N.H. toughens up its negligent hiker laws

Ahhhh...But Tim,

Were they wearing a bell to warn the bear? Did they have bear repellant?

Just exactly what will be required? And if you have the items but still need rescue, who decides whether you are high enough on the "Idiot scale" to charge? And while we are at it, are we charging people based on IQ? because stupid people don't realize they are stupid after all.

I'm probably not being clear.

Lets say there is ONE item that must be had by every hiker. Shoes (any kind, any type).

You go hiking with shoes on but 100 feet up the trail, a tree falls and breaks your arm. You require rescue. No fees. The fact that you had shoes on or not had absolutely NO impact on the reason you needed rescue (the tree would have broken your arm, regardless of shoes or not).

Similar scenario...
You go hiking without shoes on and 100 feet up the trail, you cut your foot on a piece of glass and need to be rescued. This time you pay. The fact that you did NOT wear shoes is precisely why you had to be rescued.

Again... what primarily contributed to the need for rescue? In the second scenario, your refusal (negligence) to wear shoes is the ONLY reason you needed rescue.
 
OK, This is making no sense.

I believe laws such as this are restrictive, subjective and do nothing to prevent an idiot from requiring assistance.

If you want to believe that charging people for rescues or taking their homes is a fair exchange for errors in judgement or just plain stupidity is the answer, run for office, you'll fit right in.

Anyway, that is my opinion.
 
OK, This is making no sense.

I believe laws such as this are restrictive, subjective and do nothing to prevent an idiot from requiring assistance.

If you want to believe that charging people for rescues or taking their homes is a fair exchange for errors in judgement or just plain stupidity is the answer, run for office, you'll fit right in.

Anyway, that is my opinion.

I don't know of any case where anyone lost their home. Do you?

I call it "accepting responsibility for one's own actions".

  • Choose to drive to fast=consequences... pay a fine.
  • Choose to drink and drive to fast= more consequences and a fine.
  • Choose to drink and drive to fast and kill someone=even greater consequences... you might even lose your house to pay the "reimbursement" for the persons life you took.
Some people are more willing than others to accept responsibility for their own actions.

We have a difference of opinion on how to handle those who don't/won't accept it.

I can live with that.;)

ON EDIT: My advice... Hike Vermont... they have a mountain taxi service.:D
 
OK, This is making no sense.

I believe laws such as this are restrictive, subjective and do nothing to prevent an idiot from requiring assistance.

If you want to believe that charging people for rescues or taking their homes is a fair exchange for errors in judgement or just plain stupidity is the answer, run for office, you'll fit right in.

Anyway, that is my opinion.

I dont see why not, its simple after all.

Like the scenarios allready, failing to prepare and then needing rescue is your fault, YOU should pay for it. If its like someone else said, Incedents happen(I dont believe in accdents) thats when resuce needed, unless its YOUR fault you should be free of charge, after all thats what the service is there for, if you abuse it your responsible.
 
I dont see why not, its simple after all.

Like the scenarios allready, failing to prepare and then needing rescue is your fault, YOU should pay for it. If its like someone else said, Incedents happen(I dont believe in accdents) thats when resuce needed, unless its YOUR fault you should be free of charge, after all thats what the service is there for, if you abuse it your responsible.

Ok, but what we are hearing in this thread is if you're in NH, be sure to be "prepared" the way someone else thinks you should be prepared. Also, check your accounts before venturing out to be certain you have the funds to pay your reimbursement fee next month.

In other words, pretend I am the "Executive Director".

If you require "rescue or any similar assistance" you, Fonly, were not prepared and it was your fault. You will receive a $8,200 bill to be paid no later than February 5. You can't prove to me you were prepared so don't try, just submit the cashiers check or cash for the full amount.
 
I think this is one of the saddest comments I have seen so far on the subject. When did liberty get confused with taking personal responsibility for ones actions? I mean that IS what this is all about. People being responsible for going out into the wilderness unprepared.

We ARENT infringing on your liberty to GO and hike/climb/whatever whenever, however you want. Those freedoms are intact. But if you choose to ignore the HUNDREDS of warnings posted, ignore all the public information provided to you free of charge, choose to ignore the guidance of others, then who's fault is it? No where does it say that the services will NOT be provided, but people will think twice about heading out without so much as a powerbar if they realize that calling 911 might not be a free service. We will come get you, dumbass or not.

The whole "part of our taxes" thing gets right under my skin, cause we in NH pay the second highest property taxes in the country, so unless you actually live here and end up paying for the rescues, your just :jerkit:

BTW, Monadnock is the #1 most climbed mountain in the world, according to NHPR or WKNE I cant remember which. And if you were trying to get help from there during our last storm, the EOC and Cell's where down for days, as was the power to a lot in the state.

EDIT:As far as people being "corralled" into their homes, well NO IS SAYING THEY CANT PREPARED BEFORE THEY LEAVE home, are they?


Feel free to be saddened. I have no idea when you confused liberty with personal responsibility. I suffer no such confusion. Your problem, you work it out.

I take the same position as I did the last time this topic came up:

1] Temporal based nature of preparedness as regarding equipment. The lines one seeks to draw are totally arbitrary. The last time this came up I pointed out how the Romans marched across my country including the cold hilly bits shod in sandals. A few decades ago folk would climb mountains armed with a woolen blanket, a pair of hobnail boots, a bag of nails and nuts, and little more than a length of washing line tied around the waist. Gear technology is increasing at tremendous rate now. Here I'm thinking of mechanical cams and not least electronic devices. And what of the future? Amongst all this we can also see debates on this very forum that include minority opinions of how waxed cotton is every bit as good as Gortex, and how ye olde Duluth style kit is to be preferred over proper modern packs. On that, when some plonker comes along and wants to create a divisive system that implements penalties on the basis of kit, that plonker would do well to consider the whole time line of people venturing into the outdoors and just how arbitrary their proposed divisions are.

2] Then there is the experience thing. If one is to be divisive on the basis of how learned a person may be one needs to establish some sort of tests. Perhaps that would culminate in some kind of outdoor proficiency badge people could aspire to before they could go out.

3] On top of this we have personal fitness. It has often been said that the human system is more important than the gear they have so should we invoke some sort of physical fitness tests? Should we exclude women because they tend to be less strong? Should we exclude the young or persons over retirement age? Should we just exclude people that cant bench press weight X or run 100m in under time X. Should introduce some sort of skew weighted against people on medication?

4] Then there's the financial cost. As I made clear last time I'm uncertain of how it works in the US, and then it seems to vary from state to state, but what is the financial burden of the occasional rescue on the rest of the population? And how exactly does that compare to other things. Certainly here other lifestyle choices play a massively bigger penalty on the community. I have private medical health care but I still pay in to the NHS that covers the great slew of people harmed during ball game related activities. I also pay in to cover the costs of pissheads that can't take their drugs properly and come unstuck whilst drunk. I also pay in to cover the cost of UVF treatment that is no more essential than having breast implants, and so on. The point is all these things have costs. Whatever the oder of financial costs may be associated with different activities and wants for a given geographical location the chances are that by focusing on the occasion rescue of a person in peril in the outdoors you are kinda missing the elephant in the room.

5] I'm also recalling that in many states SAR activity is voluntary and done for the fun, the exercise, and bragging rights, or some combination of the three. Someone else may be bothered to dig up the thread here concerning a bloke in peril on a mountain that has special relevance. An SAR guy on this very forum chimed in on that aspect. His position was against imposing costs, and that any fines that accrued revenue would be very unlikely to make it back in to the SAR community. On that, there is a direct parallel with what we have here in the form of stealth tax on cars, and how the money harvested from speed cameras and wheel clamps does not go back in to making a better and safer driving experience.

I could go on but I wont. Frankly it is tedious. It's always the same easy have dig at someone else's thing. It seems too easy to misconstrue it as not as a liberty thing but a responsibility thing when it is happening to someone else. And it is far too easy for the brave from the safety and comfort of an armchair to pontificate in the belief that their skills and kit is somehow superior and that lesser mortals should be restricted or fined for disobedience. I am not minded like that. Despite not having any medical conditions, and having skills and fitness that a probably a tad beyond the average pleb, I am not willing to be so nannying, patronizing and condescending to others so the thread can continue to wend its merry way without me. It is just not in the spirit of the outdoor life and presents as a total drone on befitting a politician.

It's also worth noting in case we meet in a future thread. I don't respond well to being called a w4nker. I can play games of pottymouth in the gutter with the best of them, and it is not beyond me to address your Sandy Vagina Syndrome by calling you a cvnt.
 
Ok, but what we are hearing in this thread is if you're in NH, be sure to be "prepared" the way someone else thinks you should be prepared. Also, check your accounts before venturing out to be certain you have the funds to pay your reimbursement fee next month.

In other words, pretend I am the "Executive Director".

If you require "rescue or any similar assistance" you, Fonly, were not prepared and it was your fault. You will receive a $8,200 bill to be paid no later than February 5. You can't prove to me you were prepared so don't try, just submit the cashiers check or cash for the full amount.

No, I cant, but the rescuers can. They are gonna be either with you, or against, their going to know if you needed their help for real or not. Not only the executive Director will be in charge of the case, and you can ALL-WAYS fight something, going public is the first way, if you really needed it you will come out on top. Rescuers are a Certain type of person, their out there because they care, they wont drag your ass out just to let you hit the street, if the can help they will(that includes court)
If you fail to prepare, face the consequences. Plain and simple.
 
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3] On top of this we have personal fitness. It has often been said that the human system is more important than the gear they have so should we invoke some sort of physical fitness tests? Should we exclude women because they tend to be less strong? Should we exclude the young or persons over retirement age? Should we just exclude people that cant bench press weight X or run 100m in under time X. Should introduce some sort of skew weighted against people on medication?

No we should not exclude, but if your 60 years old, on medication and are not physically fit, maybe you should be rethinking weather or not you should be venturing into the wilderness, life sucks, you get old and you die!
The point is, if your not suitable to be in the woods and are far enough to warrent a search and rescue team, thats all on your plate, you knew you limitations and you abused them, you should pay for it.
 
No, I cant, but the rescuers can.
No they cannot. They can write a report and offer recommendations, they can't prove anything.

They are gonna be either with you, or against, their going to know if you needed their help for real or not.
Oh, we are all in agreement that you really needed their help...negligence is the question and F&G is declaring you negligent[/QUOTE]
Not only the executive Director will be in charge of the case,
Ultimately someone at a desk will review the paperwork and make the final decision. In this case you are negligent and are being billed for $8,200.00 payable in 30 days.
and you can ALL-WAYS fight something, going public is the first way, if you really needed it you will come out on top.
You really "needed it' because you were unprepared and negligent.
Going public? Ha, tax payers are sick of negligent hikers, like you Fonly, wasting money because they are unprepared. Ask "timcsaw" and "Bushman5".
Rescuers are a Certain type of person, their out there because they care, they wont drag your ass out just to let you hit the street, if the can help they will(that includes court)
Their job ends when the reports are submitted. F&G has decided you were unprepared and negligent. Court? Oh well fine, F&G has an experienced legal department in the area of outdoor activity negligence...have you retained your legal team yet? If so, be sure to get a court order suspending time of payment on that $8,200 until your day in court.
If you fail to prepare, face the consequences. Plain and simple.
Thats exactly what the "Department" is declaring. You were not prepared and now you are facing the consequences...pay up!
 
Baldtaco-II makes the same point I've learned from this thread and this NH statute.

Whoever you are, whatever experience you have, however much you have planned or whatever equipment you carry you can be declared unprepared and negligent. And in being so declared you can be damaged or ruined financially.

No we should not exclude, but if your 60 years old, on medication and are not physically fit, maybe you should be rethinking weather or not you should be venturing into the wilderness, life sucks, you get old and you die!
The point is, if your not suitable to be in the woods and are far enough to warrent a search and rescue team, thats all on your plate, you knew you limitations and you abused them, you should pay for it.

Lot's to say about this post Fonly, but not worth the chicklets so I'll pass.

Do keep in mind the sayings; "what is good for the goose is good for the gander" and "what goes around comes around."
 
The law states "reasonable costs" will be billed as determined by the department.

Some rescues can costs tens of thousands of dollars in overtime and hours logged on helicopters,

In the past decade, more than $1 million has been spent on rescues but only about $25,000 has been recovered from reckless hikers. Many of the more than 800 rescued during that time were individuals who were injured, lost and not considered negligent. The $1 million does not include close to 20,000 hours of volunteer work by 13 affiliated search and rescue teams in the state, who work with the department through the New Hampshire Outdoor Council.

Fish and Game Col. Martin Garabedian, chief of law enforcement, said the cases now being considered for repayment might not have gone forward under the old law.

The cases being reviewed include:

--Nicola Taylor of Milford, a 45-year-old who allegedly was "highly intoxicated," officials said, when she walked away from her site at the Dry River Campground in Crawford Notch State Park Aug. 1. Cost to the state: $607.75.

--Michael Castiello and Dane Izzo Jr., both 20, of Massachusetts. Authorities said they were intoxicated and wandered away from their Hidden Valley Campground site in Derry on Sept. 21. They used their cell phone to call 911. Cost to the state: $377.07.

--Nan Yang, 30, and Christine Hou, 35, of Massachusetts had to be rescued Oct. 4 off the Liberty Spring Trail in Franconia Notch after they separated from their party, had no lights or equipment and used their cell phones to call for help, said Garabedian. Cost to the state: $197.38.

--On Nov. 2, Charson Lin, 32, of New York City, and Ying Yu, 25 of Cambridge, Mass. were near Mount Cardigan with no gear, no flashlight but had a cell phone. Cost to the state: $510.33.

As far as I can find, there has been only ONE time where the "victim" was billed and did not pay. The bill, which exceeded $5,000, was never paid.

It also appears that if one choses not to pay the fees there are other consequences;

Under changes in state law enacted this year, it will soon begin telling some of them they risk losing their driver's licenses for failing to pay for rescues.

Any license they may have with the state Health and Human Services Department could also be revoked, as could hunting and fishing licenses.
 
No they cannot. They can write a report and offer recommendations, they can't prove anything.
ok, so them being there has no effect. if they felt you needed the help for a just reason there is no reason why they wouldn't say so, come on man.


Oh, we are all in agreement that you really needed their help...negligence is the question and F&G is declaring you negligent
Then IF I was, so be it. But their not going to just start Fining people as they see fit. If you abused it you will pay for it.

Ultimately someone at a desk will review the paperwork and make the final decision. In this case you are negligent and are being billed for $8,200.00 payable in 30 days.
why are you doin this to me?
IF YOU ARE RESPONSIBLE FOR THE WASTED TIME OF THE SAR TEAM YOU WILL PAY FOR IT, if I wasen't I would fight it yes. Not paying it is only going to make them want to bring you to court faster. Whatever way works.


You really "needed it' because you were unprepared and negligent.
Them I am responsible, how many other ways can I say it.
Going public? Ha, tax payers are sick of negligent hikers, like you Fonly, wasting money because they are unprepared. Ask "timcsaw" and "Bushman5".
Your right, and so am I. Maybe if they had harsher fines for idiots who venture out in the woods unprepared it wouldn't happen.

Their job ends when the reports are submitted. F&G has decided you were unprepared and negligent. Court? Oh well fine, F&G has an experienced legal department in the area of outdoor activity negligence...have you retained your legal team yet? If so, be sure to get a court order suspending time of payment on that $8,200 until your day in court.
Good, if you were a jackass and got your self into the mess, they'll be puttin it down, if not.... well I think I've said it enough times.

Thats exactly what the "Department" is declaring. You were not prepared and now you are facing the consequences...pay up!
Not even going to say it again.

Btw, im done this guys, bicker as you want.
 
Baldtaco-II makes the same point I've learned from this thread and this NH statute.

Whoever you are, whatever experience you have, however much you have planned or whatever equipment you carry you can be declared unprepared and negligent. And in being so declared you can be damaged or ruined financially.



Lot's to say about this post Fonly, but not worth the chicklets so I'll pass.

Do keep in mind the sayings; "what is good for the goose is good for the gander" and "what goes around comes around."

:rolleyes: In the words of my father, " Life sucks then you die" I ultimatly could care less if the thing passes or not, I would be happy in the sense that it would keep morons from being in the woods, and mabye if their dumb enough off the streets.
Less idiots around me is better in my books, to each his own I guess.
 
Another good site which discusses the issue;

The Coalition Against Charging for Rescue!

Charging for Rescue - Bad For Everyone
People from all walks of life need help in non-urban settings everyday. Across our great country, individuals enjoy recreating outside: in national forest, parks, open space and other areas where help is not right around the corner. When a hunter or hiker stumbles and falls, a child wanders away from a picnic, or when a mountain biker takes a wrong turn, search and rescue organizations around the nation have been there to help, free of charge to subjects, government agencies and the taxpayer.

There are many reasons why charging for rescue is wrong for individuals, government, business and society. No Charge for Rescue is dedicated to preserving that rescue services will remain free of charge for all.

http://questusstrategies.com/No Charge for Rescue/NC_Index.html
 
:rolleyes: In the words of my father, " Life sucks then you die" I ultimatly could care less if the thing passes or not, I would be happy in the sense that it would keep morons from being in the woods, and mabye if their dumb enough off the streets.
Less idiots around me is better in my books, to each his own I guess.

Personally, I agreed with the law prior to this recent change. The standard of "reckless" was fine (and the law should retain that standard).;)
 
Okay, I've seen a lot of bitching and animosity, and I would like everyone to step back, take a deep breath, and remember that we are all on the same page when it comes to personal preparedness for survival. What I have not seen suggested are real alternatives to these kinds of laws by those who disagree with them -- Productive solutions.

Reading this thread, it struck me that a big reason we all hang out here together and discuss survival topics is to further educate ourselves and try to educate those we care about so that in the event of emergency, we increase our odds of self-rescue.

AN idea also struck me. We have the resource of knowledge here -- in other words, many of us are well-enough educated in this realm to perhaps begin a volunteer vehicle for disseminating information. I thought it might be interesting to contact my local SAR, and set up some kind of awareness program at major trailheads locally. A "Station" (only needs to be a card table), organized and set up that provides active information (rather than passive signs) to hikers who arrive and are ready to head out on the trail. It can include a gear review and preparedness review, a "hikers" report" that they fill out to provide info on what their plan is, where they'll go, what they are wearing, etc., brochures/papers on prepareness, and, combined with local press and SAR, might be a good way to raise awareness on unpreparedness and the importance of being prepared. None of this would be mandatory for the hikers, strictly to educate and help them learn that a walk in the mountain is very different from a walk to the local corner store.

This is just brainstorming on my part, but we might be able to set these up locally all over the place and perhaps contribute to prevention through education, perhaps saving lives and reducing the risks for our outstanding SAR folks at the same time. Thoughts?

Maybe we could call it something like, "The Wilderness Preparedness Volunteer Network."
 
Okay, I've seen a lot of bitching and animosity, and I would like everyone to step back, take a deep breath, and remember that we are all on the same page when it comes to personal preparedness for survival. What I have not seen suggested are real alternatives to these kinds of laws by those who disagree with them -- Productive solutions.

Then you have not read what I wrote either!

Even though I entered into the thread addressing a member's absurd comments and then reiterated later on, people don't read. If they do read, they don't comprehend what they read. If they can read and are able to comprehend what they read - then they want to deliberately argue about it.

If a moron goes out in the woods without a flashlight and they stay after dark and have to be "rescued," by all means, fine them. If the schedule of fines, a regime as it were, is not in place, by all means - create one.

What I don't want to see is people like my Wife being denied access under the threat of Draconian penalties because she is asthmatic and enjoys camping, etc. The question then becomes, who will decide? Bureaucrats will, it won't be us and quite frankly after reading some people's thoughts on the subject at hand, I'm glad!

My other thoughts which ended up being a bit controversial is the fact that we really can't trust government to do anything "right." Do they get it "right" sometimes? Yes they do! A broken clock is "right" twice a day and a bling pig can occasionally find an acorn as my Brother is fond of saying.

But they have such a dismal track record on getting things "right" that you can almost bet your paycheck on any given subject that they won't.

All of these people who want the high fines and the costs to be paid, where were you the other day in here when people were saying that a credit card sized signal mirror is basically a useless piece of trash and/or too inconvenient to carry? Along with the FOX-40 whistle which can easily be substituted with...an acorn top or blade of grass? It's not just the yuppie morons that might need a SAR call-out, might be some of the people in here as well.
 
Don, in fact I did read what you wrote, and don't disagree with a lot of it, just the tone you take in your posts, my friend. Lighten up, Francis!
 
We got enough crap going on without people advocating confiscation of houses for this sort of thing.

As for heat with timcsaw, like I posted, when I told him to go shit in his hat, I was laughing, not screaming at him. :D
 
... A broken clock is "right" twice a day and a bling pig can occasionally find an acorn as my Brother is fond of saying.

To lighten the mood around here (though I have found this discussion to be very interesting), I would like to point out that Don Rearic, normally a bastion of traditionalism, has given us a parable about a bling pig.
:D

All the best,

- Mike
 
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