TITLE XVIII
FISH AND GAME

CHAPTER 215-A
OFF HIGHWAY RECREATIONAL VEHICLES AND TRAILS

Section 215-A:1

    215-A:1 Definitions. –
As used in this chapter unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:
I. " Accompanied by, " or " accompany " means when a person is within sight and when actual physical direction and control can be effected.
I-a. [Repealed.]
I-b. " All terrain vehicle (ATV) " means any motor-driven vehicle which is designed or adapted for travel over surfaces other than maintained roads with one or more non-highway tires, having capacity for passengers or other payloads, not to exceed unladen dry weight of 1,000 pounds, and not to exceed 50 inches in width. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.
I-c. " Antique all terrain vehicle " means any all terrain vehicle manufactured prior to the year 1969 or 25 or more years old owned by a resident of the state. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.
I-d. " Antique trail bike " means any trail bike manufactured prior to the year 1969 or 25 or more years old owned by a resident of the state. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.
II. "Bureau" means the bureau of trails in the department of natural and cultural resources.
III. [Repealed.]
III-a. " Dealer " means a person in the OHRV or snowmobile business who sells OHRVs to the general public, or demonstrates for sale vehicles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more vehicles at retail to the general public in a consecutive 12-month period is a retail vehicle dealer. For the purpose of this definition, this shall include retail OHRV dealers and wholesale OHRV dealers.
IV. " Executive director " means the executive director of the fish and game department.
V. " OHRV " means off highway recreational vehicle.
V-a. " OHRV club " means an organized, dues-paying group of OHRV users with bylaws, registered with the secretary of state as a nonprofit organization.
V-b. " Snowmobile or OHRV training program, " " snowmobile or OHRV safety training course, " or " snowmobile or OHRV safety education program " means a course of instruction approved or recognized by the department of fish and game as appropriate for a certain type or types of OHRVs, that sufficiently covers proper operation, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of OHRVs. At the discretion of the executive director, education or training programs for snowmobiles and OHRVs may be combined.
V-c. " Other OHRV " means an OHRV that is not a trail bike.
VI. " Off highway recreational vehicle " means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter "off highway recreational vehicle" shall be abbreviated as OHRV. OHRVs shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle and utility terrain vehicles, but shall not include snowmobiles as defined in RSA 215-C or electric bicycles as defined in RSA 259:27-a.
VI-a. " OHRV trails maintenance vehicle " means any mechanically-propelled vehicle used to maintain OHRV trails or cross country ski trails, classified by the chief of the bureau of trails. When said vehicle is registered as an OHRV trails maintenance vehicle, it shall not be used for recreational purposes. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.
VII. " Operate ", in all its moods and tenses, when it refers to an OHRV, means to use that vehicle in any manner for transportation.
VIII. " Operator " means a person riding on or in, and who is in actual physical control of, an OHRV or snowmobile.
IX. " Owner " means any person, other than a lienholder, having title to an OHRV.
X. " Public way " means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for OHRVs shall not be a public way.
XI. " Public water " means any public body of water as defined by RSA 271:20 which has been frozen over and is sufficient to hold any person or vehicle, whatsoever. Such public waters shall be deemed a public way and any violation shall be treated as if it took place on land.
XI-a. " Rental agent " means a person licensed under RSA 215-A:26 or RSA 215-C:45 accepting money or other valuable consideration for the temporary use of OHRVs, provided to members of the general public.
XII. " Resident " means a resident of the state as defined in RSA 21:6, except that no person shall be deemed to be a resident who claims residence in any other state for any purpose.
XIII. " Snowmobile " means any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered snowmobiles under this chapter. Snowmobiles shall not include OHRVs.
XIV. "Trail bike" means any motor-driven wheeled vehicle on which there is a saddle or seat for the operator or passenger or both and which is designed or adapted for travel over surfaces other than maintained roads, whether covered by ice or snow or not. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.
XV. "Registered for Highway Use" means any OHRV as defined in RSA 215-A:1, VI or trail bike as defined in RSA 215-A:1, XIV which is registered for use on the highways of the state under the provisions of RSA 261. Said registered vehicles shall comply with the provisions of RSA 215-A:35-39.
XVI. "Traveled portion" means all areas of a public highway between the plowed snowbanks.
XVII. " Trail connector " means that specific portion of an OHRV trail or cross country ski trail on which an OHRV trail maintenance vehicle may operate authorized within a state highway right-of-way by the department of transportation.
XVIII. [Repealed.]
XIX. " Youth model all terrain vehicle " means an all terrain vehicle that is equipped with an internal combustion engine with a maximum piston displacement of 95 cubic centimeters.
XX. " Youth model trail bike " means a trail bike that is equipped with an internal combustion engine with a maximum piston displacement of 95 cubic centimeters.
XXI. " Mushing " means the activity of using sled dogs to pull motorized or non-motorized devices.
XXII. " Sled dogs " means teams of dogs driven by a person or persons pulling sleds, a skier, wheeled rigs, and other motorized and non-motorized devices used to train or control the teams.
XXIII. " Railroad motorcar ," also known as section car, track car, and putt putt, means any vehicle propelled by mechanical power with flanged wheels that is designed and specifically manufactured for use on standard railroad tracks, and that does not exceed 70 inches in width and 1950 pounds.
XXIV. " Utility terrain vehicle " means any mechanically propelled vehicle which is designed or adapted for travel over surfaces other than maintained roads with one or more tires or tracks equipped with a rollover protection system and/or safety belts, having capacity for passengers or other payloads, not in excess of 2,000 pounds unladen dry weight, and not to exceed 65 inches in overall width, excluding side mirrors. For purposes of this chapter, " utility terrain vehicle " shall include but not be limited to side-by-side, ROV, gator, buggy, and OHV and abbreviated as UTV, and all vehicles within this definition shall be classified as off highway recreational vehicles.

Source. 1981, 538:3. 1983, 449:1. 1985, 137:1; 261:1, 2. 1986, 152:2-6. 1989, 179:1. 1993, 53:3. 1997, 268:2. 2000, 85:1; 108:1, 2. 2001, 226:1, 2. 2002, 233:1, 25. 2003, 112:7; 120:1, 2; 295:1, 14. 2004, 174:1. 2005, 210:12, 64, I-III. 2006, 14:2. 2007, 228:1, eff. Aug. 24, 2007. 2014, 39:1, eff. July 1, 2014; 281:1, 2, eff. Sept. 26, 2014. 2015, 33:1, 2, eff. May 7, 2015. 2017, 156:14, I, eff. July 1, 2017. 2019, 93:1, eff. Aug. 18, 2019.