I would say that other than expecting to be able to make a phone call, and asking his family to call SAR at 9 p.m., he did well. We can't expect that every hike will go as planned. He seems to have planned well for such a situation. Rather than fining him, he should be held up as an example of what to do, while noting what he could have done better.
The net result is the hiker gets a bill for F&G overtime unless he has hike safe card. The bill is paid and hopefully someone learns something by publicizing it.
Making a couple errors does not equal negligence. As I understand it, even if you're not carrying a "Hike Safe" card, you still have to be found negligent to be fined. We don't know the whole story, but based on the
Union Leader article, I don't see negligent behavior.
>I ALWAYS emphasized that the time to call SAR was the next morning, not in the evening.
If you are going to survive the night, there is no reason to have SAR folks out potentially getting injured wasting time trying to find you in the dark. In fact, in those days, many SAR groups would wait until morning to start searching, if it was summer and there was no indication of an emergent situation. So no point in calling out the cavalry at 9PM.
If it's supposed to be a day hike, I tell my wife to waiting until noon the next day before calling for help, so that I can be benighted and have time to get out the next morning. I also carry a PLB and tell her that if she hasn't been contacted by SAR, either I'm OK, but running late, or I've fallen off a cliff. (Yes, my PLB might also not be able to connect with the COSPAS-SARSAT satellite system.)
It reminds me of the Eagle Scout SAR in the Presidentials, in I believe 2009. The Scout injured his leg a little bit & should have turned around but pressed on for a while & then on a very warm April Day, descended into the GG and was trapped by highwater due to snowmelt. After a couple of days of the water not receding, he went back up onto the ridge and was walking back to Washington when they found him. While he did many things right, not knowing enough about his escape routes and what he might find on a real warm April with all that snow should have been planned for.
Mike, the Eagle Scout actually reviewed bailout options with an AMC employee at Pinkham Notch prior to starting, and either the employee suggested the Six Husbands Trail as a bailout or approved of the Scout's selection of it. Not surprisingly he did not think that he could get back up the Six Husbands Trail, and so he hiked upstream to try to find a place to cross. Finding none, he ascended the Sphinx Trail where he was meant by SAR. Like Moher, the Scout should have been held up as an example of someone who was well prepared and made good decisions once his hike went awry.