Revision: March 27, 2014, midnight
SB 231-FN – AS AMENDED BY THE SENATE
02/19/14 0530s
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/19/14 0530s
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 any vehicle, including an OHRV, with 4 or 6 wheels, an internal combustion engine or electric motor, or both, and high-pressure tires, equipped in accordance with the provisions of RSA 266:116, that is capable of carrying not more than 4 occupants, has a load capacity of 1,500 pounds or less, and is used exclusively for farming, agricultural, or light industrial uses, but not used for recreational purposes or access to trails, and limited to ways open to such vehicles and having posted speed limits of 35 miles per hour or less, within a 10 mile radius from the main entrance to the farm or a 2 mile radius from the entrance to the light industrial complex or construction site, and under any other special conditions established by the 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 driving on a way where the route or crossing is approved by the government authority having control of the way.
3 New Section; Recreation Utility Vehicle; Definition. Amend RSA 259 by inserting after section 84-a the following new section:
259:84-b Recreation Utility Vehicle. “Recreation utility vehicle” shall mean a vehicle, including an OHRV, with 4 or 6 wheels, an internal combustion engine 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 6 occupants plus the load, and is used for recreational purposes on and off trails but not for agricultural, farming, or light industrial purposes, and that complies with the provisions of RSA 266:116, and is limited to ways open to such vehicles and under such conditions as established by the authority controlling the way.
4 Tractor; Definition. Amend RSA 259:108 to read as follows:
259:108 Tractor. “Tractor” shall mean:
[I.] any self-propelled agricultural vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying passengers or 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 on or off-road recreational purposes.
5 New Section; Registration of Vehicles; Exemption for Utility Vehicles. Amend RSA 261 by inserting after section 41 the following new section:
261:41-a Exemption for Utility Vehicles. The provisions of this chapter relative to the registration of vehicles and the display of number plates shall not apply to an agricultural/industrial utility vehicle, as defined in RSA 259:2-a, or to a recreation utility vehicle, as defined in RSA 259:84-b. Any such vehicle shall also 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 vehicle on a way shall hold a valid driver’s license.
6 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 a recreation utility vehicle as defined in RSA 259:84-b, except on a way where the posted speed limit is 35 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 conditions established by the government authority having control of the way. Any person operating 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.]
7 Equipment Required for Utility Vehicles. Amend the subdivision heading preceding RSA 266:116 and RSA 266:116 to read as follows:
[Low-Speed] Utility Vehicles
266:116 Equipment Required for [Low-Speed] Utility Vehicles. [A low-speed utility vehicle as defined in RSA 259:108, II shall be equipped in accordance with 49 C.F.R. section 571.500. This equipment shall include headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, a parking brake, a rearview exterior mirror, a windshield, windshield wiper, brakes, seat belts, a vehicle identification number, and such other equipment as is required by federal regulations. Such vehicle may also use a flashing amber warning light when operating on a way.] All vehicle safety equipment required under federal regulations shall be present and in working condition on an agricultural/industrial utility vehicle as defined in RSA 259:2-a, except any such equipment with which the vehicle as originally manufactured was not equipped. All federal vehicle safety equipment required on a recreation utility vehicle as defined in RSA 259:84-b shall be present and in working condition. All equipment required by applicable state laws and rules adopted by the department under RSA 541-A shall be present and in working condition on an agricultural/utility vehicle or recreation utility vehicle. Such vehicles shall display an authorized low speed vehicle warning sign on the rear of the vehicle and may also use a flashing amber warning light when operating on a way.
8 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.