Bill Text - HB315 (2017)

(New Title) relative to persons who may accompany a youth operator of an OHRV.


Revision: April 21, 2017, 11:44 a.m.

HB 315 - AS AMENDED BY THE SENATE

 

04/20/2017   1422s

2017 SESSION

17-0431

10/04

 

HOUSE BILL 315

 

AN ACT relative to persons who may accompany a youth operator of an OHRV.

 

SPONSORS: Rep. Steven Smith, Sull. 11

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill requires that persons who may accompany and be legally responsible for a youth operator of an OHRV be at least 21 years of age if accompanying on a approved roadway or 18 years of age if accompanying on a trail.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/20/2017   1422s 17-0431

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to persons who may accompany a youth operator of an OHRV.

 

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

 

1  OHRV Registration; Youth Under 12; Accompaniment.  Amend RSA 215-A:21, II-b and II-c to read as follows:

II-b.  Notwithstanding RSA 215-A:21, II, no registration shall be required for a youth model all terrain vehicle when the operator is under 12 years of age and accompanied by a person [18] 21 years of age or older if accompanying on an approved roadway or 18 years of age or older if accompanying on a trail who holds a valid license to operate an OHRV.

II-c.  Notwithstanding RSA 215-A:21, II, no registration shall be required for a youth model trail bike when the operator is under 12 years of age and accompanied by a person [18] 21 years of age or older if accompanying on an approved roadway or 18 years of age or older if accompanying on a trail who holds a valid license to operate an OHRV.

2  OHRV; Operation; Persons Under 14.  Amend RSA 215-A:29, I(a) to read as follows:

(a)  If under 14 years of age, is accompanied at all times by a person at least [18] 21 years of age if accompanying on an approved roadway or at least 18 years of age if accompanying on a trail who has met the conditions of subparagraph (b); and

3  OHRV Operation; Traveled Portion of Public Highway; Persons over 12 Years of Age.  Amend RSA 215-A:29, I-a(b) to read as follows:

(b)  Any person at least 12 years of age, who has successfully completed an approved snowmobile or OHRV training program, operating an OHRV along the traveled portion of a public highway, where permitted, who is not licensed to drive as described in subparagraph I(b)(2) shall be accompanied at all times by a person who is licensed to drive as described in subparagraph I(b)(2), who is at least [18] 21 years of age if accompanying on an approved roadway or at least 18 years of age if accompanying on a trail, and who shall be legally responsible and be liable according to the law for personal injury or property damage to others which may result from such operation by an unlicensed person.

4  OHRV Operation; Legal Responsibility.  Amend RSA 215-A:29, II(a) and (b) to read as follows:

II.(a)  Except as further specified in subparagraph (b), it shall be prima facie evidence that any person at least [18] 21 years of age if accompanying on an approved roadway or at least 18 years of age if accompanying on a trail who travels with a person under 14 years of age shall be legally responsible for the OHRV operation of such person and shall be liable according to law for personal injury or property damage to others which may result from such person's operation.

(b)  When more than one person at least [18] 21 years of age if accompanying on an approved roadway or at least 18 years of age if accompanying on a trail is traveling with a person under 14 years of age, and if any of the following persons over [18 years of age] such age are present, then only such persons shall be legally responsible and liable under this paragraph:

(1)  Parents or guardians, or  

(2)  Any person who has otherwise been given or assumed the responsibility for supervising the person under 14 years of age at the time of OHRV operation.

5  Effective Date.  This act shall take effect 60 days after its passage.