Revision: Dec. 4, 2019, 9:21 a.m.
CHAPTER 294
HB 592 - FINAL VERSION
05/15/2019 1852s
27Jun2019... 2559-CofC
2019 SESSION
19-0628
04/10
HOUSE BILL 592
AN ACT relative to OHRV operation and license.
SPONSORS: Rep. Moynihan, Coos 2; Rep. L'Heureux, Hills. 21
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill:
I. Requires a person operating an OHRV along the traveled portion of a public highway and who is not licensed to drive to be accompanied by a person who is at least 25 years of age and licensed to drive and keep to the extreme right when operating.
II. Requires any person under 14 years of age operating an OHRV to be accompanied by a person at least 25 years of age who shall be legally responsible for the OHRV operation.
III. Requires the executive director of the fish and game department to administer snowmobile and OHRV safety training courses pursuant to rules.
IV. Authorizes the executive director of fish and game to use appropriated funds to enhance law enforcement and compliance efforts relating to OHRV operation where permitted on public ways.
V. Requires the executive director of fish and game to report on the status of OHRV operation by unlicensed riders on sanctioned public ways.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/15/2019 1852s
27Jun2019... 2559-CofC 19-0628
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to OHRV operation and license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
294:1 Legislative Findings. The general court finds that it is in the public interest to offer a safety training program through the fish and game department in an effort to prevent injury to potential operators of OHRVs, their passengers, and other users of the trails and highways where they are operated in this state. The safety training program shall be focused on the special challenges inherent in the safe operation of these vehicles in both the off road and on road environments, including discussion of the application of statutory rules of the road applicable when operating on an approved highway. This program is not intended to serve as a substitute for motor vehicle driver education training or licensure, and successful completion of the OHRV safety training program shall not serve in any way to meet the requirements of any law, rule, or regulation applicable to motor vehicle licensure or operation.
294:2 OHRV Operation and License. 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] 25 years of age, 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. Operators of OHRVs pursuant to this subparagraph using such highway, or portion thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic.
294:3 OHRV Operation and License. Amend RSA 215-A:29, II(a) and the introductory paragraph of RSA 215-A:29, II(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] 25 years of age 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] 25 years of age is traveling with a person under 14 years of age, and if any of the following persons over [18] 25 years of age are present, then only such persons shall be legally responsible and liable under this paragraph:
294:4 OHRV Statistics and Safety. Amend RSA 215-A:32-a to read as follows:
215-A:32-a OHRV Statistics; Safety.
I. The executive director shall report annually to the registrar of vital records pursuant to RSA 5-C:2 on any deaths or injuries occurring in the state related to the operation of OHRVs and snowmobiles.
II. The executive director shall [approve] administer snowmobile or OHRV safety training courses [after consultation with the commissioner of the department of health and human services] in accordance with rules adopted pursuant to RSA 541-A. The content of such courses shall be developed in consultation with the commissioner of the department of health and human services and the commissioner of the department of safety, and shall include information relative to operation of OHRVs at highway crossings and along approved highways in accordance with the statutory rules of the road.
294:5 New Paragraph; OHRV Registration Fees. Amend RSA 215-A:23 by inserting after paragraph VIII the following new paragraph:
VIII-a. The executive director may use up to $25,000 from funds appropriated to the fish and game department in each biennium to collaborate with local law enforcement agencies to enhance enforcement and compliance with OHRV laws in areas of the state where riding on public ways is permitted.
294:6 Fish and Game Department; Report Required. On or before September 1, 2021, the executive director of the fish and game department, in consultation with the bureau of trails and any other party with information deemed relevant by the executive director, shall brief the transportation committees of the house of representatives and senate, and the commissioner of the department of natural and cultural resources, on the status of OHRV operation by unlicensed riders on sanctioned public ways. The briefing shall include but not be limited to:
I. Safety certificate training, including requirements for rules-of-the-road training added in 2019.
II. Efforts by state agencies and the New Hampshire Off Highway Vehicle Association (NHOHVA) to educate riders regarding safe operation on public ways.
III. Efforts by the state, NHOHVA, and other entities, to cooperate and reduce OHRV use of public ways by shifting OHRV traffic to off-road trails as much as is practical for trail access and economic concerns.
IV. Accident statistics relative to youth rider operation on public ways.
I. Sections 1-4 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: July 29, 2019
Effective Date:
I. Sections 1-4 shall take effect September 27, 2019.
II. Remainder shall take effect July 29, 2019.