Revision: March 16, 2023, 9:18 a.m.
Senate Finance
March 15, 2023
2023-1025s
07/05
Amendment to SB 256-FN
Amend the bill by replacing section 1 with the following:
1 Off Highway Recreational Vehicles; OHRV Operation and License. Amend RSA 215-A:29, I and I-a to read as follows:
I. No person shall operate an OHRV on land not owned or leased by such person or such person's parent, grandparent, or guardian unless such person:
(a) If under 14 years of age, is accompanied at all times by a person at least 18 years of age who has met the conditions of subparagraph (b); and
(b) If 12 years of age or older, has [either:
(1)] Successfully completed the snowmobile or OHRV training program, the recognition of which has not been suspended or otherwise disallowed by law[; or
(2) Is licensed to drive a vehicle in accordance with RSA 263, or in accordance with the law of another state or a province of Canada, provided the person would be eligible for a driver's license in this state].
(c) This section shall not apply to the operators of all terrain vehicles, utility terrain vehicles, side-by-side, ROV, gator, buggy, OHVs or tractors while engaged in non-pleasure or non-recreational activities. The requirements of RSA 261:41-a shall apply to the operation of all terrain vehicles, utility terrain vehicles, side-by-side, ROV, gator, buggy, and OHVs engaged in farm, agriculture, farming, or non-pleasure or recreational activities.
I-a. Notwithstanding provisions of this chapter to the contrary:
(a) Any person operating an OHRV along the traveled portion of a public highway, where permitted, shall be required to [be licensed] have a valid license to drive a motor vehicle [as described in subparagraph I(b)(2)]; or
(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)] does not have a valid license to drive a motor vehicle 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 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.
(c) This paragraph shall not apply to road crossings or the use of class VI highways designated as trails pursuant to RSA 215-A:6.