N.H. Rev. Stat. § 215-A:29

Current through the 2024 Legislative

Section 215-A:29 - OHRV Operation and License

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.

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 to drive 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) 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.

II.

(a) Except as further specified in subparagraph (b), it shall be prima facie evidence that any person at least 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 25 years of age is traveling with a person under 14 years of age, and if any of the following persons over 25 years of 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.

(c) Any person legally responsible and liable under this paragraph shall accompany the person under 14 years of age at all times of OHRV operation.

(d) Except as provided in RSA 215-A:30, IV, an organizer of an event or contest shall be responsible for ensuring that each participant under 14 years of age is accompanied at all times.

III. A person 12 years of age or older operating an OHRV shall carry evidence of compliance with subparagraph I(b) or RSA 215-C:49, I(b) in the form of a valid driver's license or evidence of successfully completing an OHRV training program. The person shall present such evidence to any law enforcement officer who is empowered to enforce this chapter, upon demand of such law enforcement officer.

III-a. The provisions of paragraphs I and III shall not apply to any person participating in an OHRV training program. The provisions of paragraph II shall not apply to any person teaching an OHRV training program.

IV. The owner of an OHRV shall not permit the OHRV to be operated contrary to this section.

V. The executive director of the fish and game department may suspend a person's OHRV training program certificate or the department's recognition of a person's completion of a snowmobile or OHRV training program if not administered or sponsored by the department, in accordance with rules adopted under RSA 541-A, for violating any provision or rule of this chapter. The terms of such suspension shall be determined by the executive director.

VI. Snowmobile or OHRV training programs shall be established within the OHRV budget of the New Hampshire fish and game department as referred to in RSA 215-A:23, VIII. The department shall issue a certificate to any person successfully completing an OHRV training program administered or sponsored by the department. At the discretion of the executive director, training programs for snowmobiles and OHRVs may be combined.

VII. If a parent or guardian knowingly or negligently permits any person under the age of 18 to operate an OHRV, in accordance with RSA 626:8, II(b), said parent or guardian shall be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.

VII-a. If an owner of an OHRV permits any person under the age of 18 to operate the owner's OHRV, in accordance with RSA 626:8, II(b), said owner may be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.

VIII. A person registered as owner of an OHRV may be fined not less than $50 or more than $500 if an OHRV bearing his or her registration number is operated contrary to the provisions of this chapter. The registered owner may not be so fined if:

(a) The OHRV was reported as stolen to a law enforcement agency at the time of the alleged unlawful act; or

(b) The registered owner demonstrates that the OHRV either was stolen or was not in use at the time of the alleged unlawful act; or

(c) The registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the OHRV at the time of such violation.

IX. The provisions of paragraph VIII do not apply to any person who rents or leases an OHRV if such person keeps a record of the name and address of the person or persons renting or leasing such OHRV, the registration number thereof, the departure date and time, and expected time of return thereof and furnishes such information to law enforcement officers upon request. Such record shall be preserved for at least 6 months and shall be prima facie evidence that the person named therein was the operator of the OHRV at the time it was operated contrary to the provisions of this chapter.

X. Any person operating an OHRV shall yield the right of way to any person on horseback, foot, skis, snowshoes or other mode of travel on foot; provided, however, that such persons traveling do not unreasonably obstruct or delay OHRVs on the trail.

X-a. A person operating an OHRV approaching a trail intersection marked with a stop sign shall stop before entering the intersection or at a point nearest the intersecting trail where the operator has a view of approaching vehicles on the intersecting trail before entering the intersection.

XI. No person shall operate an OHRV on the property of another unless such operator has obtained written permission from the landowner except as follows:

(a) Verbal permission given to an OHRV club or to the chief of the bureau of trails shall be adequate for operating a wheeled OHRV on trails established by organized OHRV clubs or on trails designated by the chief of the bureau of trails as wheeled OHRV trails. A list and description of such wheeled OHRV trails shall be maintained by the chief of the bureau of trails and shall be available to the public upon request. Individuals operating wheeled OHRVs on such trails shall not be required to obtain specific landowner permission.

(b) Individuals operating OHRVs on trails designated under subparagraph (a) shall operate solely on trails as permitted by the landowner. Any individual who operates an OHRV off the trail shall obtain written landowner permission.

XI-a. Verbal or written permission given by a landowner to an OHRV club, the chief of the bureau of trails, or an individual to permit OHRV operation on trails on his or her property shall in no way be construed as granting a lien or an irrevocable right to operate OHRVs on said property.

XI-b. If a landowner has not given verbal or written permission to an OHRV club, the chief of the bureau of trails, or an individual, to permit OHRV operation on trails on the landowner's property, an OHRV user shall not acquire prescriptive rights to the landowner's property by such adverse use, nor shall such adverse use mature into a prescriptive right.

XII. No OHRV shall be operated above a height of 4,000 feet above sea level except upon existing roads and trails as designated by the bureau.

XIII. No person shall operate an OHRV in any manner so as to harass animals pursuant to the provisions of the definition of "take or taking" in RSA 207:1.

XIV. The provisions of this section do not prohibit or limit the prosecution of an OHRV operator for violating any of the paragraphs referred to in this section.

XV. No person shall operate any OHRV within this state without wearing eye protection, unless the OHRV is equipped with a windshield or screen which protects the driver's eyes and face when the driver is sitting erect.

XVI. No person shall operate any OHRV within this state carrying passengers under the age of 18 unless each such passenger is wearing eye protection and protective headgear which meets or exceeds the specifications of FMVSS 218.

XVII. No person less than 18 years of age shall operate an ATV while transporting or carrying any passengers.

XVIII. [Repealed.]

XIX.

(a) No person shall operate an OHRV if such person's driver's license has been suspended or revoked by the director of motor vehicles or by the authority of another state or any province of Canada.

(b) Any person who violates this section by operating an OHRV in this state during the period of suspension or revocation of such person's license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.

(c) Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.

(d) Except as provided in (b) and (c), any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense.

XX.

(a) No person shall operate a railroad motorcar on railroad tracks for recreational purposes that has not been approved by the department of natural and cultural resources, bureau of trails, and the department of transportation, bureau of rail and transit.

(b) No person shall operate a railroad motorcar under subparagraph (a) at a speed in excess of 10 miles per hour.

(c) Notwithstanding RSA 215-A:21, II, no registration shall be required for a railroad motorcar that is operated on railroad tracks which are privately owned or which are under an exclusive lease agreement with the state of New Hampshire where the lease holder is the only authorized user of the track and the railroad motorcar operator has the track owner's or track lessee's permission.

XXI.

(a) No person shall operate a utility terrain vehicle (UTV) in this state while carrying as a passenger a person less than 18 years of age unless such person is wearing a seat or safety belt which is properly adjusted and fastened, if said UTV is so equipped.

(b) No person who is less than 18 years of age shall operate a UTV in this state unless such person is wearing a seat or safety belt which is properly adjusted and fastened, if said UTV is so equipped.

(c) No person shall operate a UTV in this state while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 57 inches or more in height, the provisions of this subparagraph shall not apply.

(d) A person shall not be guilty of a violation of this section if there is a provision contained in an individualized education program as defined in RSA 186-C:7 prohibiting or recommending against the use of restraints, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour.

XXII. No OHRV operator shall transport, carry, possess, or have any liquor or beverage, as defined in RSA 175:1, while seated on or within the passenger area of any OHRV except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages shall be stored and transported in the storage compartment of the OHRV. If the OHRV does not have a storage compartment, such containers shall be stored and transported in that compartment or area of the OHRV which is the least accessible to the operator.

RSA 215-A:29

Amended by 2024, 62:1, eff. 1/1/2025.

Amended by 2019 , 294: §§2, 3eff. 9/27/2019.

Amended by 2019 , 216: 8, §9eff. 9/10/2019.

Amended by 2017 , 156: 14, eff. 7/1/2017.

Amended by 2014 , 39: 2, eff. 7/1/2014.

Amended by 2013 , 75: 1, eff. 8/6/2013.

Amended by 2012 , 77: 1, eff. 1/1/2013.

1981, 538:3, 12. 1982, 12:2. 1983, 449:15. 1986, 152:22, 23. 1987, 56:2, 3. 1988, 208:2, 3; 264:5, 6, 10. 1990, 133:5; 256:1, 2, I. 1993, 53:9, 10. 1996, 31:1; 63:1. 1997, 268:8; 314:4. 2002, 233 : 14 , 15. 2003, 23 : 1 ; 104:3; 295:5. 2004, 250 : 8 . 2005, 210 : 32 . 2006, 90 : 5 ; 260:12. 2008, 345 : 2 , eff. Jan. 1, 2009. 2012, 77 : 1 , eff. Jan. 1, 2013. 2013, 75 : 1 , eff. Aug. 6, 2013. 2014, 39 : 2 , eff. July 1, 2014. 2017, 156 : 14 , I, eff. July 1, 2017. 2019, 216 : 8 , 9, eff. Sept. 10, 2019; 294:2, 3, eff. Sept. 27, 2019.