SB 231-FN – VERSION ADOPTED BY BOTH BODIES
02/19/14 0530s
7May2014… 1602h
2014 SESSION
SENATE BILL 231-FN
AN ACT relative to regulation of tractors and utility vehicles.
SPONSORS: Sen. Woodburn, Dist 1; Rep. Karrick, Merr 25; Rep. Suzanne Smith, Graf 8; Rep.?Theberge, Coos 3
This bill modifies the definition of tractor and the equipment and operation requirements for utility vehicles.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/19/14 0530s
7May2014… 1602h
14-2648
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to regulation of tractors and utility vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Agricultural/Industrial Utility Vehicle; Definition. Amend RSA 259 by inserting after section 2 the following new section:
259:2-a Agricultural/Industrial Utility Vehicle. “Agricultural/industrial utility vehicle” shall mean a vehicle, including an off highway recreational vehicle, with 4 or 6 wheels, an internal combustion engine or electric motor, or both, but excluding a tractor, equipped in accordance with the provisions of RSA 261:41-a, III, that is capable of carrying not more than 6 occupants, has a load capacity of 1,500 pounds or less, and is in use for farming, agricultural, or light industrial uses, and is limited to ways or portions of ways where such vehicles are allowed and having posted speed limits of 40 miles per hour or less, within a 10 mile radius from an entrance to land used by the farm or a 2 mile radius from the entrance to the light industrial complex or construction site, and subject to any other special conditions established by the government authority controlling the way.
2 New Section; Light Industrial Use; Definition. Amend RSA 259 by inserting after section 49 the following new section:
259:49-a Light Industrial Use. “Light industrial use” shall mean manufacturing and distribution of products for wholesale or retail use where the operation includes the need for access to contiguous or nearby warehouses, showrooms, construction sites, or manufacturing facilities including crossing a way or portion of a way or driving on a way where the route or crossing is approved by the government authority controlling the way.
3 Tractor; Definition. Amend RSA 259:108 to read as follows:
259:108 Tractor. “Tractor” shall mean:
[I.] any self-propelled vehicle designed or used for agricultural purposes or as a traveling power plant or for drawing other vehicles, but having no provision for carrying a load other than attached implements such as snowplows, tool boxes, or bucket loaders, but shall not include [off-highway recreational vehicles not designed and equipped for highway use.
II. Any low-speed utility vehicle. “Low-speed utility vehicle” shall mean any vehicle with 4 wheels, an internal combustion or electric motor, or both, a load capacity of 1,500 pounds or less, and high-pressure tires, that is capable of carrying not more than 2 occupants plus the load, is capable of speeds 30 miles per hour or less on level ground, and is used for agricultural or light industrial use] vehicles used for recreational purposes or agricultural/industrial utility vehicles as defined in RSA 259:2-a.
4 New Section; Registration, Equipment, and Inspection of Vehicles; Exemption for Utility Vehicles. Amend RSA 261 by inserting after section 41 the following new section:
261:41-a Registration, Equipment, and Inspection of Vehicles; Exemption for Utility Vehicles.
I. An agricultural/industrial utility vehicle, as defined in RSA?259:2-a, if operated upon a way shall be registered as provided in RSA 261:141, III(dd).
II. Any agricultural/industrial utility vehicle, as defined in RSA 259:2-a, shall be exempt from inspection under RSA 266:1, but shall be subject to inspection by a law enforcement officer at any time when being operated on a way. Any person operating such a vehicle on a way shall hold a valid driver’s license.
III. When operated on a way for purposes other than crossing the way for trail access, any agricultural/industrial utility vehicle, as defined in RSA 259:2-a, shall be equipped in accordance with the provisions of RSA 215-A:14 and in addition shall be equipped with at least one red reflex reflector on the left rear if operated during the hours of darkness; an interior or exterior mirror; a vehicle identification number that conforms to federal requirements; seatbelts installed at each designated seating position if originally so equipped; an intact windshield if originally so equipped; and tires inflated to cold inflation pressure not more than the maximum permissible pressure molded on the sidewall. Such vehicle shall also be equipped with a slow moving vehicle emblem to the rear and may be equipped in addition with an amber flashing or rotating light.
IV. A motorcycle, trail bike, or agricultural/industrial utility vehicle that meets all the requirements of an off highway recreational vehicle in RSA 215-A:1, VI shall be used as an off highway recreational vehicle only when it has a valid OHRV registration issued under the provisions of RSA 215-A: 21.
5 Utility Vehicles. Amend the subdivision heading preceding RSA 265:160 and RSA 265:160 to read as follows:
Special Rules for [Low-Speed] Utility Vehicles
265:160 [Low-Speed] Utility Vehicles; Operation on Ways Restricted. No person shall operate a [low-speed] utility vehicle, [as defined in RSA 259:108, II] including an agricultural/industrial utility vehicle as defined in RSA 259:2-a, or an off highway recreational vehicle as defined in RSA 259:69, except on a way where the posted speed limit is [35] 40 miles per hour or less, and the route or crossing being used is open to such vehicles and at such times and under any other special operating conditions established by the government authority having control of the way. Any person operating or in actual physical control of such a vehicle upon a way shall hold a valid driver’s license. [No person shall operate such vehicle more than 25 miles from the registrant’s residence or place of business.]
6 New Section; Utility Vehicles; Crossing of Ways Restricted. Amend RSA 265 by inserting after section 160 the following new section:
265:161 Utility Vehicles; Crossing of Ways Restricted. A person may operate a utility vehicle, including an off highway recreational vehicle as defined in RSA 259:69, across any way, except for an interstate highway, toll road, or other multi-lane divided highway where the operation of such vehicle is not otherwise prohibited by law, but said person shall comply with the following provisions:
I. The crossing shall be made at an angle of approximately 90 degree to the direction of the public way and at a place where no obstruction prevents a quick and safe crossing; and
II. The operator shall bring the vehicle to a complete stop before crossing the shoulder, or if no shoulder, the public way, before proceeding; and
III. The operator shall yield the right of way to all motor vehicle traffic on such public way which constitutes an immediate hazard to such crossing; and
IV. The operator shall possess a valid motor vehicle driver’s license or shall have successfully completed the approved snowmobile or off highway recreational vehicle safety training course. Persons with a suspended or revoked operating privilege shall not operate a utility vehicle, including an off highway recreational vehicle across a way.
7 New Subparagraph; Registration Fees; Agricultural/Industrial Utility Vehicle. Amend RSA?261:141, III by inserting after subparagraph (cc) the following new subparagraph:
(dd) For agricultural/industrial utility vehicles the registration fee shall be 1/3 of the registration fee determined by the corresponding weight chart specified in subparagraph (g).
8 Repeal. RSA 266:116, relative to equipment required for low-speed utility vehicles, is repealed.
9 Effective Date. This act shall take effect upon its passage.
LBAO
14-2648 Amended 03/03/14
SB 231-FN FISCAL NOTE
AN ACT relative to regulation of tractors and utility vehicles.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended by the Senate (Amendment #2014-0530s), has a total fiscal impact of less than $10,000 in each of the fiscal years 2014 through 2018.