HB1498 (2022) Detail

Establishing a safety program for off highway recreational vehicles and snowmobiles.


HB 1498-FN - AS INTRODUCED

 

 

2022 SESSION

22-2613

04/05

 

HOUSE BILL 1498-FN

 

AN ACT establishing a safety program for off highway recreational vehicles and snowmobiles.

 

SPONSORS: Rep. Egan, Graf. 2; Rep. Thompson, Coos 1

 

COMMITTEE: Resources, Recreation and Development

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill implements a safety training program for OHRV and snowmobile operation.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2613

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT establishing a safety program for off highway recreational vehicles and snowmobiles.

 

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

 

1  Off Highway Recreational Vehicles and Trails; OHRV Safety Training Certificate.  RSA 215-A:32-a is repealed and reenacted to read as follows:

215-A:32-a  OHRV Safety Training Certificate Required.

I.  No person born after January 1, 1968 shall operate an OHRV on land not owned or leased by such person or such person's parent, grandparent, or guardian unless such person carries a temporary or permanent certificate that is in full force and effect evidencing completion of an approved OHRV safety training program as required by this section.  Any person may voluntarily complete program requirements and obtain the certificate earlier than required herein.  The temporary certificate requirement shall be implemented on January 1, 2023.  The lifetime permanent certificate requirement shall be implemented for all operators on the following schedule:

Operator Date of Birth:  Certificate Required:

January 1, 1998 January 1, 2023

January 1, 1988 January 1, 2024

January 1, 1978 January 1, 2025

January 1, 1968 January 1, 2026

January 1, 1958 January 1, 2027

All January 1, 2028

II.  The executive director shall administer the OHRV safety training certificate courses program 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, and shall be consistent with the following:

(a)  A program guideline that covers the inherent risks of operation on and off the trails, recommendations for personal protective equipment, basic theory of equipment parts, maintenance, and repairs, skills and measures available to reduce or eliminate such risks, and rules of operation at highway crossings and along approved highways in accordance with statutory rules of the road.

(b)  Minimum requirements for courses, whether offered by live instructors or by electronic or other means, that will result in the issuance of either a temporary safety training certificate or a lifetime safety training certificate.

(c)  Minimum qualification and other requirements for an instructor to be approved to offer any live course in the program.

(d)  Provision for administration of an examination to a registrant at the conclusion of each course that demonstrates competency in the materials presented in the program guideline.  

(e)  Issuance by the department or its agents of a temporary safety training certificate to a person 16 years of age or older who passes an approved examination administered by the department or its agents, which shall be valid for a period of up to 10 days after the effective date noted on the certificate and allow operation by nonresidents in accordance with RSA 215-A:23, V-b, and equipment registered to a New Hampshire licensed dealer or rental operation.  No person shall receive more than one such certificate in any calendar year.

(f)  Issuance of a lifetime OHRV safety training certificate by the department to a person 12 years of age of older who passes an approved examination administered by the department or its agents which shall be valid for the lifetime of the person, provided that actual operation of an OHRV by such person under the age of 25 shall be restricted as otherwise provided in this chapter.

(g)  Provision for the enforcement of the requirements of this program upon any operator who has been involved in an accident, or who has been cited, charged with, or warned for a violation of any other provision of this chapter, or any other offense under the laws of this state.

(h)  Provision for imposition of a uniform schedule of administrative or court based fines for violation of this program.

(i)  Provision for the suspension or revocation of a lifetime safety training certificate issued to a person for cause, following notice and opportunity for a hearing in accordance with RSA 541-A, including for conviction by a court in this or any other state of an OHRV offense.

(j)  Provision for the suspension or revocation of any license or permit that would allow an agent of the department to issue a temporary or lifetime safety training certificate for cause, following notice and opportunity for a hearing in accordance with RSA 541-A.

(k)  A schedule of fees to be charged for the following services:

(1)  Administration of an approved safety training course and competency examination, whether provided in person or by electronic means.

(2)  Issuance of a temporary safety training certificate, which may be in paper or electronic format.

(3)  Issuance of a lifetime safety training certificate, which shall be in a durable written format, suitable to be carried upon the person.

(4)  Replacement of a lost or destroyed lifetime safety training certificate upon written request of the person entitled to the same.  

(5)  Reissuance of a lifetime safety training certificate if reinstated after a period of suspension or revocation for cause.

III.(a)  The executive director, or designee, may issue an OHRV temporary safety training certificate to a person 16 years of age or older who passes a temporary examination administered by the department or its agents and approved by the executive director.

(b)  The OHRV temporary safety training certificate shall be valid for up to one year and shall entitle the holder to operate an OHRV on land not owned or leased by such person or such person’s parent, grandparent, or guardian of New Hampshire.

(c)  No person shall receive more than one OHRV temporary safety training certificate in any calendar year.

(d)  Any dealer or renter of OHRVs, or employee thereof, who has passed an OHRV training program and is approved by the executive director, or designee, may administer the temporary safety training examination and issue an OHRV temporary safety training certificate.  If the executive director, or designee, finds that a person administering a temporary OHRV training examination has assisted the person taking the examination, the executive director shall permanently revoke the authority of the administrator to issue certificates and administer examinations.

(e)  The executive director, or designee, may create a virtual OHRV temporary safety training certificate platform for any person seeking an OHRV temporary safety training certificate. Such person shall complete the training online prior to receiving an OHRV temporary safety training certificate.

IV.  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.

2  Snowmobiles; Snowmobile Safety Training Certificate.  RSA 215-C:53 is repealed and reenacted to read as follows:

215-C:53   Snowmobile Safety Training Certificate Required.

I.  No person born after January 1, 1968 shall operate a snowmobile on land not owned or leased by such person or such person's parent, grandparent, or guardian unless such person carries a temporary or permanent certificate that is in full force and effect evidencing completion of an approved snowmobile safety training program as required by this section.  Any person may voluntarily complete program requirements and obtain the certificate earlier than required herein.  The temporary safety training certificate requirement shall be implemented on January 1, 2023.  The lifetime permanent safety training certificate requirement shall be implemented for all operators using equipment not registered to a New Hampshire licensed dealer or rental operation on the following schedule:

 Operator Date of Birth:  Certificate Required:

 January 1, 1998 January 1, 2023

 January 1, 1988 January 1, 2024

 January 1, 1978 January 1, 2025

 January 1, 1968 January 1, 2026

 January 1, 1958 January 1, 2027

All January 1, 2028

II.  The executive director shall administer the snowmobile safety training courses program 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 snowmobiles at highway crossings and along approved highways in accordance with the statutory rules of the road, and shall be consistent with the following:

(a)  A program guideline that covers the inherent risks of operation on and off the trails, recommendations for personal protective equipment, basic theory of equipment parts, maintenance, and repairs, skills and measures available to reduce or eliminate such risks, and rules of operation at highway crossings and along approved highways in accordance with statutory rules of the road.

(b)  Minimum requirements for courses, whether offered by live instructors or by electronic or other means, that will result in the issuance of either a temporary safety training certificate or a lifetime safety training certificate.

(c)  Minimum qualification and other requirements for an instructor to be approved to offer any live course in the program.

(d)  Provision for administration of an examination to a registrant at the conclusion of a course that demonstrates competency in the materials presented in the program guideline.  

(e)  Issuance by the department or its agents of a temporary safety training certificate to a person 16 years of age or older who passes an approved examination administered by the department or its agents, which shall be valid for a period of up to 10 days after the effective date noted on the certificate and allow operation of equipment registered to a New Hampshire licensed dealer or rental operation.  No person shall receive more than one such certificate in any calendar year.

(f)  Issuance of a lifetime snowmobile safety training certificate by the department to a person 12 years of age of older who passes an approved examination administered by the department or its agents which shall be valid for the lifetime of the person, provided that actual operation of a snowmobile by such person under the age of 25 shall be restricted as otherwise provided in this chapter.

(g)  Provision for the enforcement of the requirements of this program upon any operator who has been involved in an accident, or who has been cited, charged with, or warned for a violation of any other provision of this chapter, or any other offense under the laws of this state.

(h)  Provision for imposition of a uniform schedule of administrative or court based fines for violation of this program.

(i)  Provision for the suspension or revocation of a lifetime safety training certificate issued to a person for cause, following notice and opportunity for a hearing in accordance with RSA 541-A, including for conviction by a court in this or any other state of a snowmobile offense.

(j)  Provision for the suspension or revocation of any license or permit that would allow an agent of the department to issue a temporary or lifetime safety training certificate for cause, following notice and opportunity for a hearing in accordance with RSA 541-A.

(k)  A schedule of fees to be charged for the following services:

(1)  Administration of an approved safety training course and competency examination, whether provided in person or by electronic means.

(2)  Issuance of a temporary safety training certificate, which may be in paper or electronic format.

(3)  Issuance of a lifetime safety training certificate, which shall be in a durable written format, suitable to be carried upon the person.

(4)  Replacement of a lost or destroyed lifetime safety training certificate upon written request of the person entitled to the same.

(5)  Reissuance of a lifetime safety training certificate if reinstated after a period of suspension or revocation for cause.

III.(a)  The executive director, or designee, may issue a snowmobile temporary safety training certificate to a person 16 years of age or older who passes a temporary examination administered by the department or its agents and approved by the executive director.

(b)  The snowmobile temporary safety training certificate shall be valid for up to one year and shall entitle the holder to operate a snowmobile on land not owned or leased by such person or such person’s parent, grandparent, or guardian of New Hampshire.

(c)  No person shall receive more than one snowmobile temporary safety training certificate in any calendar year.

(d)  Any dealer or renter of snowmobiles, or employee thereof, who has passed a snowmobile training program and is approved by the executive director, or designee, may administer the temporary safety training examination and issue a snowmobile temporary safety training certificate.  If the executive director, or designee, finds that a person administering a snowmobile temporary safety training examination has assisted the person taking the examination, the executive director shall permanently revoke the authority of the administrator to issue certificates and administer examinations.

(e)  The executive director, or designee, may create a virtual snowmobile temporary safety training certificate platform for any person seeking a snowmobile temporary safety training certificate.  Such person shall complete the training online prior to receiving a snowmobile temporary safety training certificate.

IV.  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 snowmobiles.

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

 

LBA

22-2613

Redraft 11/29/21

 

HB 1498-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a safety program for off highway recreational vehicles and snowmobiles.  

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Restricted OHRV/Snowmobile Revenue

 

METHODOLOGY:

This bill requires certain individuals that operate an OHRV/Snowmobile on the property of another to have completed a safety training course, starting January 1st, 2023. The Fish and Game Department states safety courses are currently taught by volunteers or department staff and there is also an online safety course that charges the person taking the course. This bill incorporates a temporary safety certificate program that needs to be implemented by the online certification vendor, of which the cost is yet to be determined. Any expenditures for this program would be a charge against OHRV/snowmobile restricted revenue collections.

 

This bill also states the new safety training course program would be developed in consultation with the Department of Safety and Department of Health and Human Services. Neither Department expects this would result in any fiscal impact.

 

AGENCIES CONTACTED:

Fish and Game Department, Department of Safety, and Department of Health and Human Services

 

Links

HB1498 at GenCourtMobile

Action Dates

Date Body Type
Jan. 26, 2022 House Hearing

Bill Text Revisions

HB1498 Revision: 34156 Date: Dec. 3, 2021, 2:41 p.m.

Docket


Jan. 26, 2022: Public Hearing: 01/26/2022 2:45 p.m. LOB305-307


Dec. 3, 2021: Introduced 01/05/2022 and referred to Resources, Recreation and Development