CHAPTER 90
SB 328 – FINAL VERSION
2006 SESSION
10/03
SENATE BILL 328
AN ACT relative to the regulation of snowmobiles and off highway recreational vehicles.
SPONSORS: Sen. Flanders, Dist 7; Sen. Burling, Dist 5; Sen. Martel, Dist 18; Rep. D. Eaton, Ches 2; Rep. R. L'Heureux, Hills 19; Goyette, Hills 27
COMMITTEE: Environment and Wildlife
This bill makes technical changes to RSA 215-A, regulating OHRVs and RSA 215-C, regulating snowmobiles, and corrects other statutory references.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2325
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the regulation of snowmobiles and off highway recreational vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
90:1 OHRVs; Penalties; Revocation. Amend RSA 215-A:19, I(b) to read as follows:
(b) The executive director may revoke, after a hearing, the registration of any OHRV [or] and snowmobile registered in the name of any person who violates this chapter or any rule relating thereto.
90:2 OHRVs; Penalties; Suspension. Amend RSA 215-A:19, IV(b) to read as follows:
(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her snowmobile [or] and OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional OHRV safety training.
90:3 OHRVs; Penalties; Training. Amend the introductory paragraph of RSA 215-A:19, IX to read as follows:
IX. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed an OHRV or snowmobile training program, shall complete an OHRV training program, at that person's own expense, within 6 months of conviction. Any person who fails to successfully complete the OHRV training program within 6 months may not legally register or reregister any OHRV or snowmobile until such time as the OHRV training program is successfully completed:
90:4 OHRV; Registration Fees; References to Snowmobile Clubs. Amend RSA 215-A:23, III to read as follows:
III. Individual nonresident registration- $61 for each 2-wheeled trail bike registration[, $90 for each snow traveling vehicle registration,] or $70 for each other OHRV registration. [An individual nonresident registering a snow traveling vehicle who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay $60 for each snow traveling vehicle.]
(a) The first $13 of each 2-wheeled trail bike registration[, $66 of each snow traveling vehicle registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, $36 of each snow traveling vehicle registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section,] or $22 of each other OHRV registration shall be appropriated to the department of resources and economic development for the bureau's grant-in-aid program pursuant to paragraph VI.
(b) From the balance, [$12.10 from each snow traveling vehicle registration or] $17.10 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and [$11.90 from each snow traveling vehicle registration or] $30.90 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.
90:5 New Paragraph; OHRV Operation; Stop Signs. Amend RSA 215-A:29 by inserting after paragraph X the following new paragraph:
X-a. A person operating an OHRV approaching a trail intersection marked with a stop sign shall stop before entering the intersection or at a point nearest the intersecting trail where the operator has a view of approaching vehicles on the intersecting trail before entering the intersection.
90:6 Snowmobile Required Equipment; Brakes. Amend RSA 215-C:30, I(c) to read as follows:
(c) Adequate brakes in good working order sufficient to control the vehicle at all times. The brakes must be capable of stopping the vehicle within 40 feet at 20 miles per hour, or locking the track to a standstill.
90:7 Snowmobiles; Penalties; Suspension. Amend RSA 215-C:34, IV(b) to read as follows:
(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her snowmobile [or] and OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional snowmobile safety training.
90: 8 New Subparagraph; Snowmobiles; Penalties; Fines. Amend RSA 215-C:34, VII by inserting after subparagraph (e) the following new subparagraph:
(f) RSA 215-C:7, relative to snowmobile operation on open water.
90:9 Snowmobiles; Penalties; Training. Amend RSA 215-C:34, VIII to read as follows:
VIII. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed a snowmobile training program, shall complete a snowmobile training program, at that person's own expense, within 6 months of conviction. Any person who fails to successfully complete the snowmobile training program within 6 months may not legally register or reregister any snowmobile or OHRV until such time as the snowmobile [or OHRV] training program is successfully completed:
(a) Laws relative to speed limit or safe operation.
(b) RSA 215-C:28 and RSA 215-C:29, relative to decibel limits on noise.
(c) Disobeying any person authorized to enforce the provisions of this chapter, as provided in RSA 215-C:32, by acting in a manner prohibited by paragraph II or any other provision of law.
(d) RSA 215-C:11, relative to operating a snowmobile while intoxicated or under the influence of drugs.
(e) RSA 215-C:13, relative to refusal of consent.
(f) RSA 215-C:8, IV, relative to endangerment of any person or damage to any property.
(g) RSA 215-C:49, XII, relative to failure to yield right of way.
(h) RSA 215-C:7, relative to snowmobile operation on open water.
90:10 New Paragraph; Snowmobile Operation; Stop Signs. Amend RSA 215-C:49 by inserting after paragraph XII the following new paragraph:
XII-a. A person operating a snowmobile approaching a trail intersection marked with a stop sign shall stop before entering the intersection or at a point nearest the intersecting trail where the operator has a view of approaching vehicles on the intersecting trail before entering the intersection.
90:11 Snowmobile; Name Change. Amend the following RSA provisions by replacing “snow traveling vehicle” or “snow traveling vehicles” with “snowmobile” or “snowmobiles,” respectively: 259:60, II; 261:3, I(i); 261:44; the introductory paragraph of 261:148; and 266:1.
90:12 Repeal. The following are repealed:
I. RSA 215-A:19, VII(f), relative to OHRV administrative penalties for snowmobile operation on open water.
II. RSA 215-A:19, IX(h), relative to OHRV training penalties for snowmobile operation on open water.
90:13 Effective Date. This act shall take effect July 1, 2006, at 12:01 a.m.
Approved: May 5, 2006
Effective: July 1, 2006 at 12:01 a.m.