HB629 (2010) Detail

(New Title) relative to habitual offenders, relative to implements of husbandry, and relative to registration of vehicles under the Unified Carrier Registration Act of 2005.


CHAPTER 251

HB 629-FN-A – FINAL VERSION

04Mar2009… 0329h

06Jan2010… 2009-2375h

04/07/10 1210s

02Jun2010… 2258cofc

2010 SESSION

09-0457

03/05

HOUSE BILL 629-FN-A

AN ACT relative to habitual offenders, relative to implements of husbandry, and relative to registration of vehicles under the Unified Carrier Registration Act of 2005.

SPONSORS: Rep. Drisko, Hills 5; Rep. Bergin, Hills 6

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Adds offenses to the definition of “habitual offender.”

II. Establishes penalties for failing to comply with unified carrier registration requirements.

III. Requires an identifying plate or decal for certain implements of husbandry.

This bill was requested by the department of safety.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0329h

06Jan2010… 2009-2375h

04/07/10 1210s

02Jun2010… 2258cofc

09-0457

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to habitual offenders, relative to implements of husbandry, and relative to registration of vehicles under the Unified Carrier Registration Act of 2005.

Be it Enacted by the Senate and House of Representatives in General Court convened:

251:1 Habitual Offender; Offenses Added. Amend RSA 259:39, I(r)-(s) to read as follows:

(r) Conviction of any offense specified in RSA 265:82; [or]

(s) Conviction of any offense specified in RSA 265:82-a;

(t) Conviction of any offense specified in RSA 262:23;

(u) Conviction of any offense specified in RSA 265-A:43; or

(v) Conviction of any offense specified in RSA 265:79-b.

251:2 Words and Phrases Defined; Implement of Husbandry. Amend RSA 259:44 to read as follows:

259:44 Implement of Husbandry. “Implement of husbandry” shall mean equipment designed[,] or adapted[,] and used exclusively for agricultural, horticultural, forestry, or livestock operations, for which use on a public way is incidental to its intended function. “Implement of husbandry” shall include a self-propelled custom harvester, sprayer, soil amendment spreader, or forage mower.

251:3 New Section; Unified Carrier Registration Required. Amend RSA 261 by inserting after section 40 the following new section:

261:40-a Unified Carrier Registration Required. It is a violation for any person to drive or for the owner or lessee to cause to be driven on the ways of this state a motor vehicle subject to registration under the provisions of the Unified Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended, unless the motor vehicle has been registered and the appropriate fee paid. The fine for a violation of this section shall not exceed $100 plus penalty assessment for a first offense and $500 plus penalty assessment for a subsequent offense in a 12-month period.

251:4 New Paragraph; Implements of Husbandry; Identification. Amend RSA 261:64 by inserting after paragraph II the following new paragraph:

III. Implements of husbandry shall not be operated on toll roads or on the interstate and defense highway system. When implements of husbandry not meeting the definition of a tractor in RSA 259:108 are moved over any other way, the power unit shall display in a conspicuous location an identifying decal or plate issued by the division. The identifying decal or plate issued by the division is not a registration and shall not require the municipal permit for registration described in RSA 261:148. The fee for each identifying decal or plate shall be $15 for an implement weighing no more than 15,000 pounds and $25 for an implement weighing 15,001 pounds or more. The identifying decal or plate shall not require annual renewal but shall expire upon a change of ownership of the implement. The director may adopt rules pursuant to RSA 541-A specifying the location for display of the identifying decal or plate, specifying such limitations as the director deems necessary for the safety of other highway users by restricting speeds of operation and operation after daylight hours, and specifying safety, conspicuity, and lighting equipment requirements.

251:5 Spillage of Material; Farming Operations. Amend RSA 266:72, IV to read as follows:

IV. The provisions of paragraphs I, II, II-a, and III of this section shall not apply to a local farmer transporting his or her own farm products or materials incidental to [his] a local farming [operations] operation where such transporting requires incidental use of a way, provided that such farmer shall not thereby be relieved of his or her duty to exercise reasonable care [in carrying on such operations] to prevent hazardous spillage.

251:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 6, 2010

Effective Date: September 4, 2010