TITLE XXI
MOTOR VEHICLES

Chapter 259
WORDS AND PHRASES DEFINED

Section 259:1

    259:1 Definition of Words and Phrases. – The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter, except where the context otherwise requires.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:1-a

    259:1-a Accident. – " Accident " shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load.

Source. 1983, 431:2, eff. Aug. 23, 1983.

Section 259:1-b

    259:1-b Access Aisle. – " Access aisle " shall mean a designated space for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle, and that is immediately adjacent to a properly designated parking space for persons with a walking disability, whether on public or private property. Access aisles shall be designated as "no parking" areas or otherwise marked so as to discourage parking in them.

Source. 2003, 71:1, eff. Jan. 1, 2004. 2016, 304:1, eff. Jan. 1, 2017.

Section 259:2

    259:2 Repealed by 1996, 242:41, II, eff. Jan. 1, 1997. –

Section 259:2-a

    259:2-a Agricultural/Industrial Utility Vehicle. – " Agricultural/industrial utility vehicle " shall mean a vehicle, including an off highway recreational vehicle, with 4 or 6 wheels, an internal combustion engine or electric motor, or both, but excluding a tractor, equipped in accordance with the provisions of RSA 261:41-a, III, that is capable of carrying not more than 6 occupants, has a load capacity of 1,500 pounds or less, and is in use for farming, agricultural, or light industrial uses, and is limited to ways or portions of ways where such vehicles are allowed and having posted speed limits of 40 miles per hour or less, within a 10 mile radius from an entrance to land used by the farm or a 2 mile radius from the entrance to the light industrial complex or construction site, and subject to any other special conditions established by the government authority controlling the way.

Source. 2014, 282:1, eff. July 28, 2014.

Section 259:3

    259:3 Agriculture and Farming. – The words " agriculture " and " farming " mean all operations of a farm, as defined in RSA 21:34-a.

Source. RSA 259:1, II-a. 1957, 283:1. 1979, 60:2. 1981, 146:1. 1999, 191:3. 2007, 103:1, eff. Aug. 10, 2007.

Section 259:3-a

    259:3-a Alcohol. – " Alcohol " shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol.

Source. 1989, 319:1. 1997, 158:2, eff. Jan. 1, 1998.

Section 259:3-b

    259:3-b Alcohol Concentration. – " Alcohol concentration " shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath.

Source. 1989, 319:1, eff. July 1, 1989.

Section 259:3-c

    259:3-c Repealed by 2001, 121:5, I, eff. July 1, 2001. –

Section 259:3-d

    259:3-d Alternative Fuel. – " Alternative fuel " means any source of fuel, other than motor fuel and electricity, used to propel a motor vehicle over the ways of the state. Alternative fuel shall include, but not be limited to, compressed natural gas, liquefied natural gas, and propane.

Source. 2014, 268:1, eff. Jan. 1, 2015.

Section 259:3-e

    259:3-e Alternative Fuel Dealer. – " Alternative fuel dealer " means any person who sells, produces, or refines alternative fuel for use in a motor vehicle as defined in RSA 259:60, IV and who has an alternative fuel dispenser at the person's facility. Alternative fuel dealers shall not include persons who sell, produce, or refine alternative fuel specifically for non-highway purposes.

Source. 2014, 268:1, eff. Jan. 1, 2015.

Section 259:3-f

    259:3-f Alternative Fuel Dispenser. – " Alternative fuel dispenser " shall mean a machine specifically used at an alternative fuel dealer that is used to pump compressed natural gas, liquid natural gas, propane, or other types of alternative fuel directly into a motor vehicle for use on the ways of the state. Alternative fuel dispenser shall not include machines that are not designed to dispense alternative fuel directly into a motor vehicle.

Source. 2014, 268:1, eff. Jan. 1, 2015.

Section 259:4

    259:4 Antique Motor Vehicle, Farm Tractor, or Motorcycle. – " Antique motor vehicle, farm tractor, or motorcycle " shall mean any motor vehicle, including a truck regardless of its weight, over 25 years old which is maintained for use in exhibitions, club activities, parades, and other functions of public interest, but not for use in commerce. For the purposes of this section, " maintained for use " shall mean a motor vehicle or motorcycle in its original condition or restored to original or better condition and not intended for daily use.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXVI. 1979, 48:1. 1981, 146:1. 1992, 53:1, eff. June 12, 1992. 2015, 12:1, eff. July 4, 2015; 243:3, eff. Jan. 1, 2016. 2022, 27:1, eff. June 17, 2022.

Section 259:4-a

    259:4-a Authorized Official. – " Authorized official ," for purposes of RSA 262:31 through 40-b, shall mean any police employee of the division of state police, highway enforcement officer or other authorized employee of the department of safety, or peace officer.

Source. 1981, 361:2. 1988, 288:4, eff. Jan. 1, 1989.

Section 259:4-b

    259:4-b Automobile Transporter. – " Automobile transporter " means any vehicle combination designed and used specifically for the transport of assembled vehicles capable of being driven on the highway.

Source. 1989, 115:1, eff. July 7, 1989.

Section 259:4-c

    259:4-c Automobile Transporter Stinger-Steered. – " Automobile transporter stinger-steered " means an automobile transporter configured as a semi-trailer combination in which the fifth wheel is located on a drop frame located behind and below the rear-most axle of the power unit.

Source. 1989, 115:1, eff. July 7, 1989.

Section 259:4-d

    259:4-d Autocycle. – " Autocycle " means a 3-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride, is equipped with safety belts for all occupants and is manufactured to comply with federal safety requirements for motorcycles. Except as otherwise provided, an autocycle shall be deemed to be a motorcycle.

Source. 2015, 222:2, eff. July 1, 2015.

Section 259:5

    259:5 Automobile Utility Trailer. – " Automobile utility trailer " shall mean any trailer suitable for towing by a passenger automobile or pick-up truck, and which is being towed by such vehicle for the purpose of hauling personal property intrastate or interstate; excepting such trailers when hauling livestock.

Source. RSA 259:1, XXXI-a. 1973, 180:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:5-a

    259:5-a Auto Wholesale Dealer. – " Auto wholesale dealer " shall mean any person with an established place of business, who is exclusively engaged in the business of purchasing vehicles requiring registration for use upon a way, for resale to a retail or wholesale dealer. For the purposes of this definition, "exclusively engaged" shall mean the retail sale of less than 5 motor vehicles in any state in any 12-month period.

Source. 1997, 179:1, eff. Jan. 1, 1998.

Section 259:6

    259:6 Bicycle. – " Bicycle " shall mean every pedalled vehicle propelled by human power upon which any person may ride, except child's tricycles and similar devices. The term shall include "electric bicycle."

Source. 1897, 93:2. PL 90:15. RL 106:15. 1945, 188:1, part 20:15. RSA 250:15. 1976, 4:2. 1979, 486:3. 1981, 146:1, eff. Jan. 1, 1982. 2019, 93:2, eff. Aug. 18, 2019.

Section 259:6-a

    259:6-a Biodiesel. – " Biodiesel " means a renewable special fuel that is composed of mono-alkyl esters of long chain fatty acids, is derived from vegetable oils or animal fats, and meets the American Society for Testing and Materials (ASTM) specifications D6751.

Source. 2008, 381:2, eff. Jan. 1, 2009.

Section 259:7

    259:7 Bus. – " Bus " shall mean every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, I. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:8

    259:8 Business District. – " Business district " shall mean the territory contiguous to a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, II. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:9

    259:9 Certificate. –
" Certificate " shall mean:
I. As used in the provisions of this title relative to financial responsibility, the certificate of an insurance company authorized to transact the business specified in RSA 412 or of an insurance company or surety company not authorized to do business in this state, if such company possesses capital and assets to the extent and of the quality required under the provisions of RSA 405:2 or 4, as determined by the insurance commissioner of this state, that it has issued to or for the benefit of the defendant a motor vehicle liability policy as hereinafter defined covering the use of the motor vehicle, trailer, or semi-trailer involved in the accident, as a result of which the action of law to recover damages referred to in RSA 264:3 was commenced as respects such accidents;
II. As used in the certificate of title and anti-theft laws, a certificate of title issued by the division.

Source. 1927, 54:1. 1937, 161:1. 1941, 198:4. RL 122:1. 1949, 188:1. RSA 268:1, VI. 1967, 108:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:10

    259:10 Citation. – " Citation " shall mean any citation, summons, ticket or other document issued by an arresting officer for violation of a law, ordinance or rule, pertaining to motor vehicle traffic, ordering the arrested motorist to appear.

Source. RSA 264-A:1, II. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:11

    259:11 Collateral or Bond. – " Collateral " or " bond ," as used in connection with a traffic citation or arrest, shall mean any cash or other security deposited to secure an appearance for trial following a citation by an arresting officer for violation of a traffic law, ordinance or rule.

Source. RSA 264-A:1, IV. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:11-a

    259:11-a Combination Vehicle. – " Combination vehicle " shall mean a combination of truck-tractor and semi-trailer, or a combination of truck-tractor, semi-trailer, and full trailer, being driven together as an articulated unit.

Source. 1983, 434:1, eff. June 24, 1983.

Section 259:12

    259:12 Commercial Driver. – " Commercial driver " shall mean a person who drives a commercial motor vehicle as defined in RSA 259:12-e.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, IV. 1981, 146:1. 1989, 319:2, eff. July 1, 1989.

Section 259:12-a

    259:12-a Commerce. –
" Commerce " shall mean:
I. Trade, traffic, or transportation within the jurisdiction of the United States; between a place in a state and a place outside of the state, including a place outside the United States; and
II. Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation in paragraph I.

Source. 1989, 319:3, eff. July 1, 1989. 2015, 243:10, eff. Jan. 1, 2016.

Section 259:12-b

    259:12-b Commercial Driver Learner Permit. – " Commercial driver learner permit " shall mean a permit issued pursuant to RSA 263:88.

Source. 1989, 319:3, eff. July 1, 1989.

Section 259:12-c

    259:12-c Commercial Driver License. – " Commercial driver license " or " CDL " shall mean a license issued by the department in accordance with the requirements of RSA 263:82 et seq. and the federal Commercial Motor Vehicle Safety Act of 1986 to an individual which authorizes the individual to drive a class of commercial motor vehicle.

Source. 1989, 319:3, eff. July 1, 1989.

Section 259:12-d

    259:12-d Commercial Driver License Information System. – " Commercial driver license information system " or " CDLIS " shall mean the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for obtaining information related to the licensing and identification of commercial motor vehicle drivers.

Source. 1989, 319:3, eff. July 1, 1989.

Section 259:12-e

    259:12-e Commercial Motor Vehicle. –
I. " Commercial motor vehicle " shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
(c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
(d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C.F.R. part 172, subpart F.
II. The term commercial motor vehicle shall not include:
(a) Emergency vehicles assigned or registered to a fire department or fire service organization when driven by fire service personnel in pursuit of fire service purposes, or returning from fire service purposes, or being driven in a parade.
(b) Recreational vehicles.
(c) Military vehicles when driven by non-civilian military personnel in pursuit of military purposes.
(d) Vehicles used exclusively for agriculture and farming within 150 miles of the owner's farm.
III. For purposes of RSA 263:93-a, "commercial motor vehicle" shall also mean a commercial motor vehicle as defined in 49 C.F.R section 390.5 and in any other federal regulations adopted by rule under RSA 541-A.

Source. 1989, 319:3. 2008, 282:1. 2010, 99:2. 2011, 28:1, eff. Jan. 1, 2012.

Section 259:13

    259:13 Commissioner. – " Commissioner " shall mean the commissioner of safety.

Source. RSA 269-C:1, II. 1973, 560:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:13-a

    259:13-a Compact Utility Tractor. – " Compact utility tractor " shall mean any self-propelled 4-wheel vehicle utilizing diesel fuel, with a rated horsepower not to exceed 28 horsepower, that is capable of carrying not more than one occupant, is equipped by the manufacturer with at least one PTO (power take-off) in addition to any PTO installed for the purpose of an under-tractor mower deck, and has no provision for carrying a load other than attached implements such as snowplows, tool boxes, or bucket loaders.

Source. 1981, 290:4, eff. Jan. 1, 1982 at 12:01 a.m. 2016, 260:1, eff. July 1, 2017.

Section 259:13-aa

    259:13-aa Consigned. – " Consigned ," as used in RSA 261:104, shall mean entrusted by a notarized written statement to a dealer as consignee, whereby the dealer has agreed to hold a vehicle for the consignor for the purpose of selling it.

Source. 2016, 260:1, eff. July 1, 2017.

Section 259:13-b

    259:13-b Controlled Substance. – " Controlled substance " shall mean any substance so classified under section 102(6) of the Controlled Substances Act (21 USC section 802(6)), and includes all substances listed on schedules I through V of 21 CFR 1308, as they may be revised from time to time, or any controlled drug as defined in RSA 318-B:1, VI.

Source. 1989, 319:4, eff. July 1, 1989.

Section 259:14

    259:14 Conviction. – " Conviction " shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation.

Source. 1981, 146:1. 1989, 319:5, eff. July 1, 1989. 2022, 70:1, eff. July 19, 2022.

Section 259:15

    259:15 Courtesy Delivery. – " Courtesy delivery " shall mean a delivery made by a dealer registered under the provisions of RSA 261 to a resident of New Hampshire of a motor vehicle sold by an out-of-state dealer.

Source. RSA 269-A:1, XIII. 1979, 453:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:16

    259:16 Repealed by 1981, 538:11, I, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:17

    259:17 Crosswalk. – " Crosswalk " shall mean that part of a highway at an intersection included within the connections of the lateral lines on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway or any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, V. 1981, 146:1. 1995, 23:1, eff. June 17, 1995.

Section 259:17-a

    259:17-a Custom Vehicle. – " Custom vehicle " shall mean any motor vehicle that is at least 30 model years old and has been altered from the manufacturer's original design or has a body constructed from non-original materials, but which is not a street rod and does not weigh more than 6,000 pounds.

Source. 2010, 353:1, eff. Jan. 1, 2011.

Section 259:18

    259:18 Dealer. – " Dealer " shall mean a retail vehicle dealer or an auto wholesale dealer.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, VI; 268-A:2, I; 269-A:1, I. 1963, 273:1. 1967, 357:1. 1973, 324:1. 1981, 146:1. 1986, 117:1. 1997, 179:2, eff. June 17, 1997.

Section 259:19

    259:19 Department. – " Department " shall mean the department of safety of the state of New Hampshire.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:19-a

    259:19-a Direct Import Vehicle. – " Direct import vehicle " shall mean a vehicle not originally manufactured in accordance with the requirements of the United States Motor Vehicle Safety Act and the United States Clean Air Act and the regulations thereunder. A title for any such vehicle when issued by the director or his agent shall contain a legend identifying the vehicle as a "direct import vehicle."

Source. 1986, 117:3, eff. July 19, 1986.

Section 259:20

    259:20 Director. – " Director " shall mean the director of the division of motor vehicles of the department of safety.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1; 54:1. 1929, 43:1. 1935, 73:2, 3. 1937, 161:1. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1, 4; 111:1; 142:2; 198:4. RL 115:1; 122:1. 1943, 65:1 par. 2; 189:1. 1947, 177:1. 1949, 188:1; 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, III; 265:2, VII; 268:1, I; 269-A:1, II; 269-C:1, IV. 1955, 76:1; 94:1. 1957, 117:1; 283:1. 1959, 207:1. 1963, 300:1. 1967, 108:1; 357:1. 1969, 316:1. 1971, 171:1; 456:1. 1973, 180:2; 560:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:20-a

    259:20-a Disqualification. – " Disqualification " shall mean a prohibition against driving a commercial motor vehicle.

Source. 1989, 319:6, eff. July 1, 1989.

Section 259:21

    259:21 Distributor. – " Distributor ," as used in the road toll and motor fuel provisions of this title, shall mean any person, wherever resident or located, who imports or causes to be imported motor fuel into the state, and also any person who refines, distills, prepares, blends, manufactures, or compounds motor fuel within this state as defined in this title. Bringing motor fuel into the state in the fuel supply tank attached to the engine of a vehicle or aircraft shall not be considered importing.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 65:1 par. 2; 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, VII; 265:2, VI. 1981, 146:1. 1987, 179:1, eff. July 11, 1987.

Section 259:22

    259:22 Division. – " Division " shall mean the division of motor vehicles in the department of safety.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:23

    259:23 Domicile. – " Domicile " shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. In the case of other than a natural person, domicile shall also apply in the case of vehicles principally garaged or kept on the premises of a firm or corporation with a place of business within the state.

Source. RSA 259:1, XXXVII. 1979, 135:4. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:24

    259:24 Drive. – " Drive, " in all its moods and tenses, shall mean to operate or be in actual physical control of a motor vehicle, OHRV, or snowmobile.

Source. 1981, 146:1. 2005, 210:38, eff. July 1, 2006.

Section 259:25

    259:25 Driver. – " Driver " shall mean a person who drives or is in actual physical control of a motor vehicle as defined in RSA 259:60 or an OHRV or snowmobile.

Source. 1981, 146:1. 2005, 210:38, eff. July 1, 2006.

Section 259:26

    259:26 Drivers' School. –
" Drivers' school " shall mean the business of giving instruction, for compensation, in the operation of motor vehicles and motorcycles. "Drivers' school" shall not include:
I. A business or other person giving advanced instruction, with or without compensation, when the instruction is not intended to meet the requirements of basic driver training under RSA 263:19 and the instruction is given only to licensed drivers who already hold a license for the class of vehicle for which they are being trained; or
II. A business or other person giving instruction, with or without compensation, for the licensing of commercial drivers, who meets or exceeds any rules promulgated under 49 U.S.C. section 31136 by the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

Source. RSA 263-A:1, I. 1955, 208:1 par. 1. 1981, 146:1. 2009, 75:1, eff. Aug. 8, 2009. 2014, 273:4, eff. Sept. 26, 2014. 2022, 8:2, eff. Mar. 18, 2022.

Section 259:27

    259:27 Duplicate Copy. – " Duplicate copy ," when used in reference to a driver's license, shall mean an additional license so marked containing a new photograph made when the additional license is obtained.

Source. RSA 262:11, V. 1973, 21:1. 1977, 563:80. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:27-a

    259:27-a Electric Bicycle. –
" Electric bicycle " shall mean a pedaled vehicle equipped with an electric motor of less than 750 watts that falls within one of the following 3 classes:
I. " Class 1 electric bicycle " shall mean a pedaled vehicle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
II. " Class 2 electric bicycle " shall mean a pedaled vehicle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
III. " Class 3 electric bicycle " shall mean a pedaled vehicle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

Source. 2019, 93:3, eff. Aug. 18, 2019.

Section 259:28

    259:28 Emergency Vehicles. – " Emergency vehicles " shall mean all vehicles of fire departments and police departments, the state department of corrections, and such ambulances and emergency vehicles of municipal departments or public service corporations as authorized by the director.

Source. RSA 259:1, VII-a. 1963, 330:3. 1977, 150:1. 1981, 146:1, eff. Jan. 1, 1982. 2019, 156:1, eff. Aug. 30, 2019.

Section 259:28-a

    259:28-a Employer. – " Employer " shall, for the purposes of the commercial driver license statutes, mean any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

Source. 1989, 319:7, eff. July 1, 1989.

Section 259:28-b

    259:28-b Enhanced Technology Ignition Interlock Device. – " Enhanced technology ignition interlock device " shall mean an ignition interlock device equipped with a camera and which will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts. Images and data shall be stored by the manufacturer for 3 years.

Source. 2012, 153:2; 201:2, eff. Jan. 1, 2013; 204:3, eff. Aug. 12, 2012. 2018, 122:1, eff. Jan. 1, 2019.

Section 259:29

    259:29 Repealed by 1981, 568:144, eff. July 1, 1981. –

Section 259:29-a

    259:29-a Established Place of Business. –
" Established place of business " shall mean:
I. Except where otherwise provided, a permanent, enclosed commercial building located within this state, easily accessible and open to the public at all reasonable times, and at which the business of a dealer may be lawfully carried on in accordance with the terms of all applicable building codes, zoning, and other land-use regulatory ordinances.
II. As it applies to a wholesale dealer as described in RSA 261:140-a, a building or structure that complies with RSA 259:29-a or a suitable building or structure which is occupied as a business office or a residence, owned or leased by the applicant and designated as an office or place where his official business is conducted, where legal mail is received and where records pertaining to the business are maintained as required by the commissioner.
III. As it applies to a retail vehicle dealer:
(a) A business location where the retail vehicle dealer conducts sales during normal business hours; and
(b) Such business location is a permanent physical structure that has at least 750 square feet or is primarily dedicated to the business of selling vehicles; and
(c) The business location clearly and conspicuously displays the business name of the dealer in letters no less than 10 inches in height, unless prohibited by local zoning; such business signage shall be clearly visible from a traveling vehicle on the adjacent public way, unless an obstruction exists which cannot be remedied.

Source. 1986, 117:2. 1990, 154:2. 2010, 290:1, eff. Sept. 11, 2010.

Section 259:29-b

    259:29-b EVR Integrator. – " EVR integrator " shall mean an electronic vehicle registration integrator who provides necessary hardware, software, software updates, or network connections between dealer agents, the department, and towns for the electronic transmittal and receipt of registration and title data and money.

Source. 2011, 198:3, eff. June 15, 2011.

Section 259:29-c

    259:29-c EVR Program. – " EVR program " means the electronic vehicle registration program that allows dealer agents to process motor vehicle registrations, permits for registration, or registration transfers and title applications in conjunction with the sale of a new or used vehicle by said dealer pursuant to RSA 261:74-h through 261:74-s.

Source. 2011, 198:3, eff. June 15, 2011.

Section 259:30

    259:30 Repealed by 1981, 568:144, eff. July 1, 1981. –

Section 259:31

    259:31 Explosives. – " Explosives " shall mean any chemical compound or mechanical mixture as defined in the rules adopted by the director of state police pursuant to RSA 158:9-f.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, VIII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:32

    259:32 Farm. – The word " farm " means any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. Structures shall include all farm outbuildings used in the care of livestock, and in the production and storage of fruit, vegetables, or nursery stock; in the production of maple syrup; greenhouses for the production of annual or perennial plants; and any other structures used in operations named in RSA 21:34-a, II.

Source. RSA 259:1, II-b. 1957, 283:1. 1981, 146:1. 2007, 103:2, eff. Aug. 10, 2007.

Section 259:33

    259:33 Fiscal Year. – " Fiscal year " shall mean the year beginning July 1 and ending June 30.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, IX. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:34

    259:34 Flammable Liquid. – " Flammable liquid " shall mean any liquid which has a flash point of 70 degrees Fahrenheit or less, as determined by a tagliabue or equivalent closed-cup test device.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:35

    259:35 FMVSS. – " FMVSS " shall mean the federal motor vehicle safety standards as contained in the code of federal regulations (CFR).

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:35-a

    259:35-a Foreign Jurisdiction. – " Foreign jurisdiction " shall mean any jurisdiction other than a state of the United States.

Source. 1989, 319:8, eff. July 1, 1989.

Section 259:36

    259:36 Fraudulent Practices. –
" Fraudulent practices ," when used in reference to drivers' schools, shall mean, but not be limited to:
I. Any conduct or representation tending to give the impression that a license to drive a vehicle or motorcycle or any other license, registration or service granted by the division may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or by improper means; or
II. The requesting, accepting, exacting or collecting of money for such purpose.

Source. RSA 263-A:1, IV. 1955, 208:1 par. 1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:37

    259:37 Repealed by 1996, 292:41, III, eff. Jan. 1, 1997. –

Section 259:37-a

    259:37-a Full Trailer. – " Full trailer " shall mean any trailer being towed behind a semi-trailer as part of a combination vehicle also known as twin-trailers or "double bottoms."

Source. 1983, 434:2, eff. June 24, 1983.

Section 259:37-b

    259:37-b Gasoline. – " Gasoline " shall mean all products commonly or commercially known or sold as gasoline, including casinghead and absorption of natural gasoline, regardless of their classification or uses, and any liquid prepared, advertised, offered for sale, or sold for use as or commonly and commercially used as a fuel in internal combustion engines, which when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (ASTM Designation D-86) show not less than 10 percent distilled (recovered) below 347 degrees Fahrenheit (175 degrees Centigrade) and not less than 95 percent distilled (recovered) below 464 degrees Fahrenheit (240 degrees Centigrade); provided that the term gasoline shall not include commercial solvents or naphthas which distill by ASTM method D-86 not more than 9 percent at 176 degrees Fahrenheit and which have a distillation range of 150 degrees Fahrenheit or less, or liquified gases which would not exist as liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

Source. 1996, 292:5, eff. Jan. 1, 1997.

Section 259:38

    259:38 Garage. – " Garage " shall mean every place where 5 or more motor vehicles are stored or housed at any one time, except such places in which motor vehicles are kept by the owners thereof without payment for storage.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XI. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:38-a

    259:38-a Gross Combination Weight Rating or GCWR. – " Gross combination weight rating " or " GCWR " shall mean the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

Source. 1989, 319:9. 2013, 180:1, eff. Jan. 1, 2014.

Section 259:38-b

    259:38-b Gross Vehicle Weight Rating or GVWR. – " Gross vehicle weight rating " or " GVWR " shall, for the purposes of the commercial driver licensing statutes, mean the value specified by the manufacturer as the maximum loaded weight of a single vehicle.

Source. 1989, 319:9. 2013, 180:2, eff. Jan. 1, 2014.

Section 259:39

    259:39 Habitual Offender. –
" Habitual offender " means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. After a conviction for an offense listed either in paragraph I or in paragraph II and during the 5-year period, if a subsequent single incident results in convictions for more than one offense under the same paragraph, each such conviction may be counted separately for the purpose of certifying a person as an habitual offender. A person who meets the requirements of one of the following three paragraphs shall be certified as an habitual offender:
I. Three or more convictions, singularly or in combination, of the following offenses:
(a) Conviction of any offense specified in RSA 261:73;
(b) Conviction of any offense specified in RSA 262:1, I;
(c) Conviction of any offense specified in RSA 262:8;
(d) Conviction of any offense specified in RSA 262:12;
(e) Conviction of any offense specified in RSA 262:13;
(f) Conviction of any offense specified in RSA 263:12, V;
(g) Conviction of any offense specified in RSA 263:64;
(h) Conviction of any offense specified in RSA 264:25;
(i) Conviction of any offense specified in RSA 265:4;
(j) Conviction of any offense specified in RSA 265:79;
(k) Conviction of any offense involving a vehicle specified in RSA 265-A:2, I;
(l) Conviction of any offense involving a vehicle specified in RSA 265-A:3;
(m) Conviction under RSA 630:2 of manslaughter resulting from the operation of a motor vehicle;
(n) Conviction under RSA 630:3 of a negligent homicide resulting from the operation of a motor vehicle;
(o) Conviction of any felony in which a motor vehicle is used;
(p) Conviction of any offense specified in RSA 265:75;
(q) Conviction of any offense specified in RSA 265:54;
(r) Conviction of any offense specified in RSA 265:82;
(s) Conviction of any offense specified in RSA 265:82-a;
(t) Conviction of any offense specified in RSA 262:23;
(u) Conviction of any offense specified in RSA 265-A:43; or
(v) Conviction of any offense specified in RSA 265:79-b.
II. Twelve or more convictions, singularly or in combination, of the following offenses:
(a) Conviction of any offense specified in RSA 265:22.
(b) Conviction of any offense specified in RSA 265:60.
(c) Conviction of any offense specified in RSA 263:1.
(d) Conviction of any offense specified in RSA 263:63.
III. A combination of one conviction of an offense specified under paragraph I and at least 8 convictions, singularly or in combination, of offenses specified under paragraph II; or a combination of 2 convictions, singularly or in combination, of offenses specified under paragraph I and at least 4 convictions, singularly or in combination, of offenses specified under paragraph II.

Source. RSA 262-B:2, I. 1969, 433:1. 1973, 584:1. 1975, 496:1. 1981, 146:1. 1987, 238:1. 1989, 305:25. 1990, 60:2. 2001, 132:1. 2006, 260:13. 2008, 62:1. 2010, 251:1, eff. Sept. 4, 2010.

Section 259:40

    259:40 Hazardous Materials. – " Hazardous materials " shall mean hazardous materials as defined in RSA 147-B:2, VIII.

Source. RSA 263:77-a. 1979, 344:7. 1981, 146:1. 1989, 319:10, eff. July 1, 1989.

Section 259:40-a

    259:40-a Repealed by 2001, 73:8, I, eff. July 1, 2001. –

Section 259:40-b

    259:40-b Heavy Duty Recovery Vehicle. –
" Heavy duty recovery vehicle " shall mean a wrecker that:
I. Has been designed and manufactured for the specific purpose of recovering large vehicles that have a gross weight rating or actual gross weight in excess of 80,000 pounds;
II. Has either 4 or 5 axles;
III. Has a manufacturer's gross weight vehicle rating in excess of 70,000 pounds;
IV. Has a recovery boom with a rating of at least 70,000 pounds;
V. Has an air brake system with the capability to provide compressed air to the towed vehicle's braking and/or suspension system; and
VI. Has the capability to tow a combination vehicle with an actual gross weight of more than 99,000 pounds.

Source. 2018, 74:1, eff. July 24, 2018.

Section 259:41

    259:41 Heavy Truck. – " Heavy truck " shall mean any motor truck having more than 2 axles.

Source. RSA 259:1, XVI-b. 1967, 341:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:42

    259:42 Construction Equipment. – " Construction equipment " shall mean all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, retreading machines, compressors, power shovels, excavators, backhoes, wagons, concrete mixers, generators, message boards, wood chippers, bucket loaders, snow loaders, rooters, scarifiers and construction tractors, and such other items of equipment which in the opinion of the director should be classified as construction equipment. Construction equipment that must be transported or moved over the highways that is overwidth or overweight shall comply with special permits as required by RSA 228:21 and RSA 265:7. Road oilers, bituminous distributors and heavy duty platform trailers and semi-trailers are expressly excepted from this definition.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2,3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XII. 1981, 146:1. 1999, 265:2, eff. Sept. 10, 1999.

Section 259:43

    259:43 Hydraulic Brake Fluid. – " Hydraulic brake fluid ," as used in RSA 266:29, shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

Source. RSA 263:6-a, I. 1961, 151:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:43-a

    259:43-a Ignition Interlock Device. – " Ignition interlock device " shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle's ignition system. The analyzer measures the concentration of alcohol in the breath of any person who attempts to start the motor vehicle by using the ignition system. The device prevents the vehicle from starting unless the person provides a breath sample with a concentration of alcohol that is below a preset level. The device contains a data-logger which retains records of failures to take or pass the test during the period between recalibrations.

Source. 2000, 287:1. 2013, 219:1, eff. July 11, 2013.

Section 259:43-b

    259:43-b Interlock Service Provider. – An approved interlock service provider means an entity that installs, services, calibrates, monitors, and provides reports as required by RSA 265-A:36, VI(c) who is approved by the commissioner of the department of safety to do so; no person shall provide any of the services of an approved interlock service provider without such prior approval.

Source. 2000, 287:1. 2006, 260:14, eff. Jan. 1, 2007.

Section 259:43-c

    259:43-c Imminent Hazard. – " Imminent hazard " shall mean the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.

Source. 2013, 180:3, eff. Jan. 1, 2014.

Section 259:44

    259:44 Implement of Husbandry. – " Implement of husbandry " shall mean equipment designed or adapted and used exclusively for agricultural, horticultural, forestry, or livestock operations, for which use on a public way is incidental to its intended function. " Implement of husbandry " shall include a self-propelled custom harvester, sprayer, soil amendment spreader, or forage mower.

Source. RSA 269-A:1, IV. 1967, 357:1. 1981, 146:1. 1989, 305:1. 2005, 203:4. 2010, 251:2, eff. Sept. 4, 2010.

Section 259:45

    259:45 Intersecting Way. – " Intersecting way " shall mean any way which joins another at an angle, whether it crosses the other or not.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XIII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:45-a

    259:45-a IRP. – " IRP " shall mean the multi-jurisdictional commercial vehicle registration proration plan known as the international registration plan.

Source. 1985, 146:1, eff. July 19, 1985.

Section 259:46

    259:46 Judgment. – " Judgment " shall mean any judgment which shall have become final, rendered by a court of competent jurisdiction of any state, or of the United States.

Source. 1927, 54:1. 1937, 161:1. 1941, 198:4. RL 122:1. 1949, 188:1. RSA 268:1, V. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:47

    259:47 Junk Motor Vehicle Dealer. – " Junk motor vehicle dealer " shall mean any person or firm who has an established place of business at which he is engaged in the business of buying secondhand motor vehicles for the purpose of taking the same apart, or buying and selling parts of secondhand motor vehicles, or tires, for the assembling of secondhand motor vehicle parts.

Source. RSA 267-A:2, IV(c). 1965, 372:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:48

    259:48 License. –
" License " shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. Any temporary or learner's permit;
II. The privilege of an unlicensed person to learn to drive a motor vehicle as provided in RSA 263:25;
III. The right of a nonresident to drive a vehicle in this state while holding a valid driver's license or permit issued by another state, territory or country whose drivers' licenses are recognized by this state; and
IV. Any other privilege which any person, either resident or nonresident, may have to drive a vehicle in this state.

Source. RSA 264-A:1, III. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:49

    259:49 Lienholder. – " Lienholder " shall mean a person holding a security interest in a vehicle.

Source. RSA 269-A:1, V. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:49-a

    259:49-a Light Industrial Use. – " Light industrial use " shall mean manufacturing and distribution of products for wholesale or retail use where the operation includes the need for access to contiguous or nearby warehouses, showrooms, construction sites, or manufacturing facilities including crossing a way or portion of a way or driving on a way where the route or crossing is approved by the government authority controlling the way.

Source. 2014, 282:2, eff. July 28, 2014.

Section 259:50

    259:50 Light Truck. – " Light truck " shall mean any motor truck having no more than 2 axles.

Source. RSA 259:1, XVI-a. 1967, 341:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:51

    259:51 Maker's List Price. – " Maker's list price ," as used in RSA 261:153 and 261:154, in the case of motor vehicles of foreign manufacture, shall mean the advertised port of entry retail list price, less the manufacturer's motor vehicle excise tax imposed by the United States if said motor vehicle excise tax is included in the advertised port of entry retail list price, at New York, New York, regardless of the actual port through which said motor vehicle entered the United States.

Source. RSA 260:27-a. 1959, 307:1. 1969, 484:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:52

    259:52 Manufacturer. – " Manufacturer ," as used in the provisions of RSA 261 relative to registration, shall mean every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at an established place of business in this state.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:53

    259:53 Manufacturer's or Importer's Certificate of Origin. – " Manufacturer's or importer's certificate of origin " shall mean the original written instrument or document required to be executed and delivered by the manufacturer to his agent or dealer, or a person purchasing direct from the manufacturer, certifying the origin of the vehicle.

Source. RSA 269-A:1, XII. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:54

    259:54 Metal Tire. – " Metal tire " shall mean every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:55

    259:55 Repealed by 1981, 538:11, II, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:56

    259:56 Repealed by 1983, 230:19, I, eff. Aug. 17, 1983. –

Section 259:56-a

    259:56-a Mobile Carrier. –
" Mobile carrier " means an electrically powered device that:
I. Is operated on sidewalks and crosswalks and is intended primarily for transporting property.
II. Weighs less than 80 pounds, excluding cargo.
III. Has a maximum speed of 12.5 miles per hour.
IV. Is equipped with a technology to transport personal property with the active monitoring of a property owner and primarily designed to remain within 25 feet of the property owner.

Source. 2022, 13:1, eff. June 10, 2022.

Section 259:56-b


[RSA 259:56-b effective March 14, 2023.]
    259:56-b Mobile Service Garage. –
" Mobile service garage " shall mean a vehicle, whether motorized or non-motorized, designed specifically for the purpose of servicing motor vehicles and that:
I. Contains an automotive lift, rated for at least 9,000 pounds, as an integral part of the vehicle.
II. Meets all applicable hazardous waste permitting requirements of the New Hampshire department of environmental services and the New Hampshire department of transportation.
III. Is equipped with a functioning GPS tracking device.
IV. When in operation, has Internet connectivity.
V. When in operation, has a minimal overall width of 12 feet and a minimal overall length of 25 feet.
VI. When in operation, has an enclosed, unobstructed work area at least 15 feet wide and at least 20 feet long.
VII. Is covered by an active commercial automotive insurance policy with a liability limit of at least $1,000,000.
VIII. Is operated by a business that:
(a) Is registered and in good standing with the New Hampshire secretary of state.
(b) Has an active general liability insurance policy with limits of at least $1,000,000 per occurrence and at least $2,000,000 general aggregate.
(c) Has an office, staffed at regular, posted hours that provides access to state inspection records and that maintains a schedule for the following 7 calendar days of times and locations for each mobile service garage under its operation that performs state inspections.

Source. 2022, 228:1, eff. Mar. 14, 2023.

Section 259:57

    259:57 Moped. – " Moped " shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears. "Moped" shall not include an electric bicycle.

Source. RSA 259:1, XIII-a. 1976, 4:4. 1977, 272:1. 1981, 146:1. 1983, 147:1. 2011, 25:1, eff. April 28, 2011. 2019, 93:4, eff. Aug. 18, 2019.

Section 259:58

    259:58 Motor Fuel. – " Motor fuel " shall mean all products used in an internal combustion engine for the generation of power to propel motor vehicles or mechanical contrivances on or over the ways of this state.

Source. 1943, 65:1. RSA 265:2, II. 1981, 146:1. 1996, 292:7, eff. Jan. 1, 1997.

Section 259:58-a

    259:58-a Motor Home. – " Motor home " shall mean a self-propelled, completely self-contained vehicle that includes the conveniences of a home, including cooking, sleeping, and permanent sanitary facilities, and a driver's seat that is accessible in a walking position from the living quarters.

Source. 2006, 317:11, eff. Aug. 18, 2006.

Section 259:58-b

    259:58-b Motor Fuel Equivalent Gallon. – " Motor fuel equivalent gallon " means the volume of alternative fuel it takes to equal the energy content of one gallon of gasoline or special fuel. The commissioner of safety shall adopt in rules under RSA 260:57 the applicable conversion rates for motor fuel equivalent gallons for compressed natural gas, liquid natural gas, and propane based on nationally recognized standards for weights and measures.

Source. 2014, 268:2, eff. Jan. 1, 2015.

Section 259:59

    259:59 Motor Truck. – " Motor truck " shall mean any truck of greater than 26,000 pounds manufacturer's gross vehicle weight rating, or any motor vehicle equipped with other than pneumatic tires. The commissioner of safety may adopt rules under RSA 541-A to alter this weight limit to conform with federal statutes or regulations, provided that the limit does not exceed 26,000 pounds.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XVI. 1967, 341:2. 1981, 146:1. 1985, 213:1. 1987, 404:16, eff. July 25, 1987.

Section 259:60

    259:60 Motor Vehicle. –
" Motor vehicle " shall mean:
I. Except where otherwise specified in this title, any self-propelled vehicle not operated exclusively on stationary tracks, including ski area vehicles;
II. As used in RSA 261:148 relative to municipal permits for registration, includes all trailers and semi-trailers as defined herein and travel trailers as determined by the commissioner of revenue administration; however, snowmobiles as defined herein, mobile homes, house trailers, electric bicycles, and mopeds shall not be so included;
III. For purposes of the financial responsibility statutes, any self-propelled vehicle not operated exclusively upon stationary tracks, except farm tractors, crawler-type tractors, electric bicycles, and mopeds;
IV. For purposes of the road toll statutes, all vehicles, engines, machines, or mechanical contrivances, except electric bicycles and electric personal assistive mobility devices as defined in RSA 269:1, which are propelled on the public highways by internal combustion engines, electric motors, steam engines, or other alternate sources of energy except human or animal power.
V. As used in RSA 260:14, relative to motor vehicle records, vehicles described in paragraph I and vessel as defined by RSA 270-E:2, XII.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1; 54:1. 1929, 43:1. 1935, 73:2, 3. 1937, 161:1. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2; 198:4. RL 115:1; 122:1. 1943, 65:1; 189:1. 1947, 147:1; 177:1. 1949, 188:1; 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XVII; 260:1-a; 260:23; 265:2, I; 267-A:2, III; 268:1, IX. 1961, 41:2. 1963, 62:1. 1965, 372:1. 1969, 488:4. 1973, 544:8. 1974, 45:1. 1976, 4:7, 8, 11. 1979, 389:1. 1981, 538:9; 146:1; 321:17. 2002, 4:2. 2006, 90:11, eff. July 1, 2006 at 12:01 a.m. 2015, 242:7, eff. Sept. 11, 2015. 2019, 93:5, eff. Aug. 18, 2019.

Section 259:60-a

    259:60-a Motor Vehicle Business. – " Motor vehicle business " shall mean a business which is principally engaged in one or more of the following activities: buying, selling, or exchanging motor vehicles requiring registration for use upon a way, motor vehicle mechanical service, motor vehicle collision repair service, the reconditioning and restoration of motor vehicles, and the sale of motor vehicle parts. For the purposes of this definition, "principally engaged" means that the business derives at least 51 percent of its annual gross income from the motor vehicle business or, if there was no income in the prior year, 51 percent of the assets of the business are directly related to the motor vehicle business.

Source. 1997, 179:3, eff. June 17, 1997.

Section 259:61

    259:61 Motor Vehicle Liability Policy. –
" Motor vehicle liability policy " shall mean a policy of liability insurance which provides:
I. Indemnity for or protection to the insured and any person responsible to the insured for the operation of the insured's motor vehicle, trailer, or semi-trailer who has obtained possession or control thereof with the insured's express or implied consent, against loss by reason of the liability to pay damages to others for damage to property, except property of others in charge of the insured or his or her employees, or bodily injuries, including death at any time resulting therefrom, accidentally sustained during the term of said policy by any person other than the insured, or employees of the insured actually operating the motor vehicle or such other persons who are entitled to payments or benefits under the provisions of any workers' compensation act arising out of the ownership, operation, maintenance, control, or use within the limits of the United States of America, its territories or possessions, and the Dominion of Canada of such motor vehicle, trailer, or semi-trailer, to the amount or limit of at least $25,000 on account of injury to or death of any one person, and subject to such limit as respects injury or death of one person, of at least $50,000 on account of any one accident resulting in injury to or death of more than one person, and at least $25,000 for damage to property of others, as herein provided, or a binder pending the issuance of such a policy or an existing policy, as defined in RSA 264:14, RSA 264:18, and RSA 264:19.
II. Which further provides indemnity for or protection to the named insured, any relative of the named insured by marriage, blood, or adoption who is a resident of the same household, or any domestic servant acting within the scope of the employment of any such named or resident insured from liability as a result of accidents which occur within the limits of the United States of America, its territories or possessions, and the Dominion of Canada due to the operation of any motor vehicle, trailer, or semi-trailer not owned in whole or in part by such insured; provided, however, the insurance afforded under this paragraph applies only if no other valid and collectible insurance is available to the insured.
III. The coverages described in paragraphs I and II, except as to the minimum financial responsibility limits, shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides. Coverage under RSA 264:15 or RSA 264:16 shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides.
IV. The minimum coverage requirements described in paragraphs I and II and in RSA 264:15 and RSA 264:16 shall not apply to any tractor with a farm tractor registration if an insured, at the insured's election, purchases a liability policy other than a motor vehicle policy to cover the tractor.

Source. 1927, 54:1. 1937, 161:1. 1941, 198:4. RL 122:1. 1949, 188:1. RSA 268:1, VII. 1969, 316:1. 1971, 456:1. 1981, 146:1; 507:1, 5. 1990, 114:5. 2004, 187:1, eff. July 31, 2004. 2014, 144:1, eff. Aug. 15, 2014; 276:1, eff. Sept. 26, 2014. 2016, 112:1, eff. July 19, 2016.

Section 259:62

    259:62 Motor Vehicle Master Key. –
" Motor vehicle master key " shall mean:
I. A key which may or may not be one of a set of similar keys, each key being made to operate a series or group of locks of the total lock series or group, the key or keys being constructed to take advantage of unplanned construction similarities in the series or group operated thereby (tryout key); or
II. A device other than the planned key or keys, which may be manipulated in a lock's keyway until such action develops a condition within the lock which enables the lock to be operated (manipulation key); but excludes keys supplied with the vehicle by the manufacturer or dealer or the exact duplicate of such keys; and excludes keys supplied with replacement locks or the exact duplicate of such keys.

Source. RSA 263:82-a. 1967, 222:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:63

    259:63 Motorcycle. – " Motorcycle " shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding electric bicycles, tractors, and mopeds. The term shall also include 3-wheel scooters with enclosed cabs.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XIV. 1976, 4:5. 1981, 146:1, eff. Jan. 1, 1982. 2019, 93:6, eff. Aug. 18, 2019.

Section 259:64

    259:64 Motorcycle Driver. – " Motorcycle driver " shall mean any person who drives a motorcycle.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XV. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:65

    259:65 Motor-Driven Cycle. – " Motor-driven cycle " shall mean any motorcycle or motor scooter with a motor which produces not to exceed 5 horse-power, and any bicycle with motor attached except any electric bicycle.

Source. RSA 259:1, XIV-a. 1967, 415:3. 1976, 4:6. 1981, 146:1. 2010, 163:1, eff. June 17, 2010. 2019, 93:7, eff. Aug. 18, 2019.

Section 259:66

    259:66 Muffler. – " Muffler " shall mean a device consisting of a series of chambers or baffleplates or other mechanical design for the purpose of receiving exhaust gases and effectively reducing noise.

Source. 1913, 81:5. 1921, 119:11. PL 103:14. RL 119:23. RSA 263:46, IV. 1961, 205:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:66-a

    259:66-a Next of Kin. – " Next of kin " shall mean the spouse, child, parent, stepparent, sibling, or legal guardian of the individual in question.

Source. 1986, 193:1, eff. Aug. 2, 1986.

Section 259:66-b

    259:66-b Neighborhood Electric Vehicle. – " Neighborhood electric vehicle " shall mean any 4-wheeled electric vehicle that has a maximum speed which is greater than 20 miles per hour but not greater than 25 miles per hour, and which complies with the federal safety standards established in 49 CFR section 571.500.

Source. 2003, 5:1, eff. June 21, 2003.

Section 259:67

    259:67 Nonresident. –
" Nonresident " shall mean:
I. Except as provided in paragraph II, any person whose legal residence is in some state, district or country other than New Hampshire, but a nonresident, having a regular abode or place of business within the state for more than 6 months in any year, shall be deemed a resident as to all vehicles principally used in connection with such abode or place of business and the director for the purposes of registration shall determine what vehicles are so used;
II. For the purposes of the reciprocal provisions as to arrest of nonresidents, RSA 262:27 and 28, a person who is a resident of or holds a driving license issued by a reciprocating state.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XVIII; 264-A:1, VI. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:67-a

    259:67-a Nonresident CDL. – " Nonresident CDL " shall mean a document issued by the department which authorizes a driver to drive a class of motor vehicle. The certificate shall be issued in accordance with the standards contained in 49 CFR 383.

Source. 1989, 319:11, eff. July 1, 1989.

Section 259:68

    259:68 Number Plate. – " Number plate " shall mean the sign or marker furnished by the director, on which is displayed the registration number or mark of a vehicle assigned thereto by the director, which shall bear on the face thereof a permanent or changeable designation of the effective period.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XIX. 1974, 45:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:68-a


[RSA 259:68-a repealed by 2016, 78:3, I, effective January 1, 2027.]
    259:68-a Number Plate Scanning Device. – " Number plate scanning device " or " LPR " means a license plate reading device that is mounted to a vehicle, that is attended to and operated by a law enforcement officer, and that uses automated high speed camera and optical character recognition technology to passively read, instantaneously identify against a list or lists, check, send an audible or visual alarm to the operator, and store for a prescribed period of time, a record of each number plate read.

Source. 2016, 78:1, eff. July 18, 2016.

Section 259:69

    259:69 Off Highway Recreational Vehicle. – " Off highway recreational vehicle " shall mean 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 driver sits in or on the vehicle. All legally registered vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that when said vehicle is being used for transportation purposes only, it shall be deemed that said vehicle is not being used for recreational purposes. Off highway recreational vehicle shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle, but shall not include snowmobiles as defined in RSA 215-C:1 or electric bicycles as defined in RSA 259:27-a.

Source. RSA 269-C:1, VI. 1973, 560:1. 1974, 12:1. 1981, 146:1. 2005, 210:39, eff. July 1, 2006. 2019, 93:8, eff. Aug. 18, 2019.

Section 259:69-a

    259:69-a Open Road Tolling Lane. – " Open road tolling lane " shall mean any lane on a toll road so designated by a traffic control device or lane control system at which certain vehicles equipped with transponder devices for the payment of tolls are permitted to travel at highway speeds without reducing speed or stopping to pay a toll.

Source. 2010, 51:1, eff. May 18, 2010.

Section 259:70

    259:70 OHRV. – " OHRV " shall mean an off highway recreational vehicle.

Source. RSA 269-C:1, V. 1973, 560:1. 1974, 12:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:71

    259:71 Repealed by 1981, 538:11, III, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:71-a

    259:71-a Out-of-Service Order. – " Out-of-service order " shall mean a declaration by the Federal Highway Administration or an authorized local, state or federal enforcement officer, or an enforcement officer from the commonwealth of Puerto Rico, Canada, or Mexico, that a driver, or a commercial motor vehicle, or a motor carrier operation, is out of service.

Source. 1989, 319:12. 1996, 255:1, eff. Aug. 9, 1996.

Section 259:72

    259:72 Owner. –
" Owner " shall mean:
I. For purposes of the provisions of this title relative to registration, any person holding title to a vehicle, or having exclusive right to the use thereof for a period of greater than 30 days;
II. [Repealed.]
III. For purposes of the provisions of this title relative to certificate of title, any person, other than a lienholder, having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, not including a lessee under a lease not intended as security. Any person except a licensed dealer who purchases a vehicle for another shall not be considered an owner.
IV. For purposes of the provisions of this title relative to financial responsibility, a person who holds the legal title to a vehicle, except a moped, a person entitled to possession of such a vehicle under a conditional sale or lease by terms of which title vests in him on performance of stated conditions, or a mortgagor entitled to possession.
V. For the purposes of the provisions of this title relative to electronic toll collection, any person holding title to a vehicle, or having the exclusive right to the use thereof pursuant to a court order following a final hearing on the merits or under a written rental or lease agreement, for any period of time.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1; 54:1. 1929, 43:1. 1935, 73:2, 3. 1937, 161:1. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2; 198:4. RL 115:1; 122:1. 1943, 189:1. 1947, 177:1. 1949, 188:1; 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXI; 268:1, III; 269-A:1, VI; 269-C:1, IX. 1967, 357:1. 1973, 560:1. RSA 259:72. 1981, 146:1; 538:11, IV. 2004, 241:2, eff. June 15, 2004. 2014, 278:1, eff. Sept. 26, 2014. 2015, 231:1, eff. Jan. 1, 2016.

Section 259:73

    259:73 Perfected. – " Perfected ," when used in reference to a security interest, shall mean that it is valid against third parties generally, subject only to specific statutory exceptions.

Source. RSA 269-A:1, VIII. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:74

    259:74 Person. – " Person " shall mean the same as provided in RSA 21:9.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1; 54:1. 1929, 43:1. 1935, 73:2, 3. 1937, 161:1. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2; 198:4. RL 115:1; 122:1. 1943, 65:1; 189:1. 1947, 177:1. 1949, 188:1; 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXII; 263-A:1, II; 265:2, IV; 268:1, II. 1955, 208:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:75

    259:75 Personal Recognizance. – " Personal recognizance " shall mean a signed agreement by an arrested motorist that he will comply with the terms of the citation served upon him at the time of arrest.

Source. RSA 264-A:1, V. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:75-a

    259:75-a Personal Delivery Device. –
" Personal delivery device " means an electrically powered device that:
I. Is operated on sidewalks, crosswalks, and roadways and is intended primarily for transporting goods and cargo.
II. Is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person.
III. When operated in compliance with this section, is not a vehicle.

Source. 2022, 13:2, eff. June 10, 2022.

Section 259:75-b

    259:75-b Roadway. – For purposes of RSA 259:75-b and RSA 265:163, " roadway " means that portion of a way improved, designed, or ordinarily used for vehicular travel, including the berm or shoulder where such berm or shoulder is used by persons riding bicycles or other human powered vehicles.

Source. 2022, 13:2, eff. June 10, 2022.

Section 259:76

    259:76 Place of Business. – " Place of business " shall mean the site, location or building within this state at which a person conducts the business in which he is engaged.

Source. RSA 263-A:1, III; 268-A:2, II. 1955, 208:1. 1973, 324:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:77

    259:77 Pneumatic Tires. – " Pneumatic tires " shall mean tires in which compressed air is designed to support the load.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXIII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:77-a

    259:77-a Pocket Bike. – " Pocket bike " shall mean any 2- or 3-wheeled motorized device that has handlebars, is designed to be sat upon by the operator, is smaller in size than a conventional moped, motorcycle, or motor-driven cycle, and is powered by a gasoline or alcohol fueled motor with a piston displacement of less than 100 cubic centimeters. " Pocket bike " includes, but is not limited to, motorized devices commonly known as "mini-cycles," "mini-choppers," and "pocket rockets," but does not include a moped as defined in RSA 259:57, a motorcycle as defined in RSA 259:63, a motor-driven cycle as defined in RSA 259:65, a neighborhood electric vehicle as defined in RSA 259:66-b, an electric bicycle, or an electric personal assistive mobility device as defined in RSA 269:1.

Source. 2005, 108:1, eff. Jan. 1, 2006. 2019, 93:9, eff. Aug. 18, 2019.

Section 259:78

    259:78 Police Officer. – " Police officer " shall mean any constable, peace officer, or other officer authorized to make arrests or serve process.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXIV. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:79

    259:79 Previously Registered Vehicle. –
" Previously registered vehicle " shall mean:
I. For purposes of the provisions of this title relative to registration, a vehicle which has been registered to the same person or persons during the immediately preceding registration period;
II. For purposes of the provisions of this title relative to certificate of title, a vehicle registered in this state on September 1, 1968, or a vehicle whose last registration before September 1, 1968, was in this state.

Source. RSA 269-A:36. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:80

    259:80 Private Passenger Automobile. –
" Private passenger automobile ," as used in RSA 264:16, shall mean:
I. A motor vehicle of the private passenger, station wagon, or motorcycle type that is not used as a public or livery conveyance for passengers and is not rented to others; or
II. Any other 4-wheel motor vehicle with a gross weight not exceeding 9,000 pounds which is not principally used in the occupation, profession or business of the insured other than farming.

Source. RSA 268:15-b, I. 1971, 553:2; 577:1. 1981, 146:1, eff. Jan. 1, 1982. 2016, 112:2, eff. July 19, 2016.

Section 259:81

    259:81 Private Passenger Vehicle. – " Private passenger vehicle " shall mean a motor vehicle, except motorcycles, tractors, snowmobiles, OHRV's and mopeds, which is designed and used for the purpose of transporting 10 persons or less and used for the transportation of human beings with their necessary personal belongings, and not exceeding 8,000 pounds in gross vehicle weight.

Source. RSA 259:1, XXIV-a. 1975, 497:1. 1981, 146:1. 1985, 213:2. 2005, 210:40, eff. July 1, 2006.

Section 259:82

    259:82 Repealed by 1981, 538:11, V, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:83

    259:83 Public Way. –
" Public way " shall mean:
I. [Repealed.]
II. As used elsewhere in this title, the same as "way".

Source. RSA 269-C:1, X. 1973, 560:1. 1977, 572:1. 1981, 146:1; 538:11, VI, eff. Jan. 1, 1982 at 12:02 a.m.

Section 259:84

    259:84 Reciprocating State. – " Reciprocating state " shall mean a state having provisions of law to the same effect as the provisions of this title relative to reciprocal provisions as to arrest of nonresidents.

Source. RSA 264-A:1, I. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:84-a

    259:84-a Recreation Vehicle. – " Recreation vehicle " shall mean a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance.

Source. 1989, 319:13, eff. July 1, 1989.

Section 259:85

    259:85 Registration Number. – " Registration number " shall mean the number or mark assigned by the director to a vehicle.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXV. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:86

    259:86 Repealed by 1981, 538:11, VII, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:87

    259:87 Repairer. – " Repairer " shall mean any person who is principally engaged in the motor vehicle business, but who is not a dealer and who has an established place of business.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXVI. 1981, 146:1. 1998, 227:1, eff. Aug. 23, 1998.

Section 259:87-a

    259:87-a Repossess. – " Repossess " shall mean the act of obtaining physical possession of a motor vehicle by a lienholder or any person acting on his behalf for any actual or claimed breach of any condition contained in a security agreement.

Source. 1993, 58:1, eff. June 15, 1993.

Section 259:88

    259:88 Resident. – " Resident " shall mean 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.

Source. 1921, 120:6. PL 100:20. RL 116:26. RSA 260:35. 1977, 572:2. 1978, 40:17. 1979, 135:3. 1981, 146:1. 1985, 213:3, eff. Jan. 1, 1986.

Section 259:89

    259:89 Retail Dealer. – " Retail dealer " for purposes of the provisions of this title relative to road tolls, shall mean any person or persons other than a licensed distributor who engages in the business of selling or distributing motor fuel within this state at the retail level; provided further that retail dealer shall not include any person or persons who receive motor fuel upon which the road toll has been paid by a licensed distributor for storage or subsequent distribution at the wholesale level or solely for storage and consumption by such person or persons.

Source. RSA 265:2, VIII. 1957, 117:1. 1963, 300:1. 1981, 146:1. 2004, 194:1, eff. July 1, 2004.

Section 259:89-a

    259:89-a Retail Vehicle Dealer. – " Retail vehicle dealer " shall mean a person engaged in the motor vehicle business who sells motor vehicles to the general public, or demonstrates for sale vehicles on consignment to the general public. 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.

Source. 1997, 179:4. 2010, 290:2, eff. Sept. 11, 2010.

Section 259:90

    259:90 Revocation. – " Revocation " shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. After a license, registration, permit or privilege has been revoked, no application for reissue of said license, registration, permit, or privilege may be acted upon by the department until the expiration of the period of revocation. The revocation of any license, registration, permit, or privilege shall remain in effect until a license, registration, or permit has been reissued or the privilege has been restored by the department. If the license, registration, or permit expires during the period of revocation, the person shall be required to obtain a new license, registration, or permit at the regular fee.

Source. 1981, 146:1. 1983, 431:3. 1985, 213:4. 1986, 60:1, eff. July 4, 1986.

Section 259:91

    259:91 Right-of-Way. – " Right-of-way " shall mean the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed or proximity as to give rise to the danger of collision unless one grants precedence to the other.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:91-a

    259:91-a Roadable Aircraft. – " Roadable aircraft " shall mean any aircraft capable of taking off and landing from a suitable airfield which is also designed to be driven on public roadways as a conveyance.

Source. 2020, 33:31, eff. Sept. 22, 2020.

Section 259:92

    259:92 Roadway. – " Roadway " shall mean that portion of a way improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles. In the event a way includes 2 or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:93

    259:93 Rural Residence District. – " Rural residence district " shall mean the territory contiguous to a way not comprising a business or urban residence district when the frontage on such way for a distance of 1/2 mile or more is mainly occupied by dwellings or by dwellings and buildings in use for business on any one side.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXVII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:94

    259:94 Safety Glass. – " Safety glass " shall mean glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from external sources or by glass when the glass is cracked or broken.

Source. 1935, 72:1. RL 119:42. RSA 263:71. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:95

    259:95 Sale. – " Sale ," as used in the provisions of this title relative to road tolls, shall mean any transfer of ownership and any use of motor fuel by a distributor for the propulsion of vehicles on the ways.

Source. 1943, 65:1. RSA 265:2, V. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:96

    259:96 School Bus. – " School bus " shall mean a vehicle owned by a public or governmental agency, or a privately owned vehicle, including a station wagon, suburban, panel body vehicle and vehicles converted to a school bus, but excluding a passenger vehicle, employed solely in transporting school children to and from school or school activities by virtue of a contract with a municipality, municipal board or school board authorities.

Source. RSA 263:26-a. 1961, 251:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:96-a

    259:96-a Mixed Use School Bus. – " Mixed use school bus " shall mean a station wagon, suburban, sport utility vehicle, passenger van, panel body vehicle, or vehicle converted to a school bus, owned or leased by a public school or private school and driven by a school employee, which bears a valid state inspection sticker and is employed principally in transporting schoolchildren to and from school activities.

Source. 1996, 19:5. 2011, 44:2. 2013, 176:1, eff. Aug. 31, 2013.

Section 259:97

    259:97 Security Agreement. – " Security agreement " shall mean an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security.

Source. RSA 269-A:1, VII. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:98

    259:98 Semi-trailer. – " Semi-trailer " shall mean a vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight or that of its load rests upon and is carried by the towing vehicle, and not including a pair or set of wheels commonly used as an implement for other purposes than transportation, provided, however, that the word "semi-trailer" shall not include any vehicle as described in this section if used exclusively for agricultural purposes unless said vehicle be of the type constructed specifically to be towed by a tractor-type truck.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXVIII. 1959, 207:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:98-a

    259:98-a Serious Traffic Violation. –
" Serious traffic violation " shall mean:
I. Excessive speeding, which means traveling at a rate that is 15 miles per hour or more above the speed limit;
II. Reckless driving, as provided in RSA 265:79;
III. A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
IV. Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, which pursuant to rules adopted under RSA 541-A is determined to be serious, such as but not limited to: vehicular homicide, manslaughter, or similar offense resulting from operation of a motor vehicle; driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug; and leaving the scene of a motor vehicle collision resulting in death or personal injury to any person;
V. Driving a commercial motor vehicle without obtaining a commercial driver license;
VI. Driving a commercial motor vehicle without a commercial driver license in the driver's possession, unless the driver provides proof to the court or the arresting officer's agency by the scheduled court date or date for fine payment that he or she held a valid commercial driver license on the date the citation was issued;
VII. Driving a commercial motor vehicle without the proper class of commercial driver license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported;
VIII. Driving a commercial motor vehicle in violation of RSA 265:25;
IX. Driving a commercial motor vehicle in violation of RSA 265:24, I;

[Paragraph X effective until January 1, 2023; see also paragraph X set out below.]


X. Driving a commercial motor vehicle in violation of RSA 265:105-a; or

[Paragraph X effective January 1, 2023; see also paragraph X set out above.]


X. Driving a commercial motor vehicle in violation of RSA 265:79-c; or
XI. Driving a commercial motor vehicle in violation of RSA 265-A:37.

Source. 1989, 319:14. 2010, 95:1. 2013, 180:4, eff. Jan. 1, 2014. 2022, 43:1, eff. Jan. 1, 2023; 136:3, eff. Aug. 6, 2022; 136:4, eff. Jan. 1, 2023 at 12:01 a.m.

Section 259:98-b

    259:98-b Serious Injury. – " Serious injury " shall mean any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or to the function of any part of the body.

Source. 1992, 21:1, eff. Jan. 1, 1993.

Section 259:99

    259:99 Sidecar. – " Sidecar " shall mean a one-wheel attachment to a motorcycle.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXIX. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:100

    259:100 Sidewalk. – " Sidewalk ," as used in the provisions of this title relative to bicycles, shall mean all sidewalks laid out as such by a city, town or village district, or reserved by custom for the use of pedestrians, that are within the compact part of a city, village or district. It shall not include crosswalks, nor footpaths outside the compact part of towns and cities that are worn only by travel and not improved by towns or cities or the abutters, nor any paths or walks that are built for the exclusive use of bicyclists.

Source. 1897, 93:2. PL 90:13. RL 106:13. 1945, 188:1, part 20:13. RSA 250:13. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:100-a

    259:100-a Single Unit Vehicle. – " Single unit vehicle " shall mean a truck consisting of cab, chassis and body capable of carrying a load and not primarily designed for drawing other vehicles.

Source. 1983, 434:3, eff. June 24, 1983.

Section 259:101

    259:101 Ski Area Vehicles. – " Ski area vehicles " shall mean motor vehicles, except private passenger vehicles, whether wheeled or tracked, on-highway or off-highway, owned or leased by a ski area as defined in RSA 225-A:2, VIII, and used exclusively in winter or summer maintenance of ski trails, parking lots, private access roads, structures and other ski area facilities. These vehicles shall include snow cats, snow dozers, snow grooming equipment and tractors, except that it shall not include vehicles with metal tracks or cleats operated outside the bounds of any road maintained exclusively by the ski area.

Source. RSA 259:1, XXXVIII. 1979, 389:2. 1981, 146:1. 2005, 145:9, eff. July 1, 2005.

Section 259:102

    259:102 Snowmobile. – " Snowmobile " shall mean 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 a snowmobile. Snowmobiles shall not include OHRVs as defined in RSA 215-A.

Source. RSA 269-C:1, XIII. 1973, 560:1. 1981, 146:1. 2005, 210:41, eff. July 1, 2006.

Section 259:103

    259:103 Solid Tires. – " Solid tires " shall mean tires of rubber or similarly elastic material that do not depend on confined air for the support of the load.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXX. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:103-a

    259:103-a Special Fuel. – " Special fuel " shall mean all products, except gasoline, propane, natural gas, or liquified natural gas, used in an internal combustion engine for the generation of power to propel motor vehicles or mechanical contrivances on or over the ways.

Source. 1990, 62:3. 1996, 292:8, eff. Jan. 1, 1997.

Section 259:104

    259:104 Special Mileage Commercial Tire. – " Special mileage commercial tire " shall mean a tire manufactured with an extra layer of rubber between the cord body and original tread design, which extra layer is designed for the purpose of recutting or regrooving, and which tire is specially labelled as a special mileage commercial tire.

Source. RSA 263:85, II. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:105

    259:105 Special Mobile Equipment. – " Special mobile equipment " shall mean a vehicle not designed for the transportation of persons or property upon a highway and only incidentally driven or moved over a way, including but not limited to ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

Source. RSA 265:2, IX; 269-A:1, IX. 1967, 357:1. 1979, 358:8, I. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:106

    259:106 State. –
" State " shall mean:
I. For purposes of the provisions of this title relative to financial responsibility, any state of the United States, the District of Columbia, or any province of the Dominion of Canada.
II. For purposes of the provisions of this title relative to certificate of title, any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada;
III. For the purposes of the commercial driver licensing statutes, a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, and any province of the Dominion of Canada.

Source. 1927, 54:1. 1937, 161:1. 1941, 198:4. RL 122:1. 1949, 188:1. RSA 263-B:2(b); 268:1, IV; 269-A:1, X. 1963, 252:1. 1967, 357:1. 1981, 146:1; 568:144. 1989, 319:15. 1996, 255:2, eff. Aug. 9, 1996.

Section 259:106-a

    259:106-a Street Rod. – " Street rod " shall mean a vehicle, the body and frame of which were manufactured prior to the year 1949 and which has been modified for safe road use, or a replica thereof which has also been modified for safe road use. For purposes of this section, the word "modified" means, but is not limited to, a substantial and material alteration or replacement of the engine, drive-train, suspension or brake system or alteration of the body which may be chopped, channelled, sectioned, filled or otherwise changed dimensionally from the original manufactured body. Any such modification may be made only if said modification equals, improves or enhances the safety aspects of the original equipment so modified. For purposes of this section, the word "replica" means a body or frame manufactured after the year 1949 and which resembles that of the original vehicle and which retains the basic style and dimensions as originally manufactured and whose major components such as grill shell, hood, or doors are readily interchangeable with the original pre-1949 component.

Source. 1992, 214:1, eff. Jan. 1, 1993.

Section 259:107

    259:107 Suspension. – " Suspension " shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege.

Source. 1981, 146:1. 1985, 213:5, eff. Jan. 1, 1986.

Section 259:107-a

    259:107-a Tandem Axle. – " Tandem axle " shall mean 2 consecutive axles whose centers may be included between parallel vertical planes spaced at least 4 feet and not more than 10 feet apart, extending across the full width of the vehicle, except that for vehicles being driven on the interstate and defense highway system with a gross weight in excess of 73,280 pounds a tandem axle shall be limited to 2 or more consecutive axles whose centers may be included between parallel vertical planes spaced not less than 40 nor more than 96 inches apart, extending across the full width of the vehicle.

Source. 1983, 434:4, eff. June 24, 1983.

Section 259:108

    259:108 Tractor. – " Tractor " shall mean: any self-propelled vehicle designed or used for agricultural purposes or as a traveling power plant or for drawing other vehicles, but having no provision for carrying a load other than attached implements such as snowplows, tool boxes, or bucket loaders, but shall not include vehicles used for recreational purposes or agricultural/industrial utility vehicles as defined in RSA 259:2-a.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXI. 1981, 146:1. 1985, 261:11. 2010, 309:1, eff. Sept. 11, 2010. 2014, 282:3, eff. July 28, 2014.

Section 259:109

    259:109 Tractor-trailer. – " Tractor-trailer " shall mean any truck-tractor and semi-trailer.

Source. RSA 259:1, XVI-c. 1967, 341:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:110

    259:110 Traffic. – " Traffic " shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:111

    259:111 Traffic Control Signal. – " Traffic control signal " shall mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:112

    259:112 Repealed by 1981, 538:11, VIII, eff. Jan. 1, 1982 at 12:02 a.m. –

Section 259:113

    259:113 Trailer. – " Trailer " shall mean any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on snow or on stationary tracks and vehicles used exclusively for agricultural purposes.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:114

    259:114 Transporter. –
" Transporter " shall mean:
I. Any person who moves any motor vehicle owned by another person which requires registration for use upon a way for business purposes; or
II. Any person engaged in the business of buying promissory notes secured by mortgages or conditional sales contracts who, in the regular course of such business, has occasion to repossess any vehicle.

Source. RSA 259:1, XXXII-a. 1969, 463:1. 1981, 146:1. 1997, 179:5, eff. Jan. 1, 1998.

Section 259:115

    259:115 Tread Depth. – " Tread depth " shall mean the amount of tread design on the tire. Tread depth includes both original, retread and recap tread design; and, in respect to special mileage commercial tires, recut, re-grooved and siped tread design.

Source. RSA 263:85, I. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:115-a

    259:115-a Tridem. – " Tridem " shall mean 3 consecutive axles, the centers of which, when measured between the first and third axles, may be included between parallel vertical planes spaced more than 8 feet apart, and which tridem unit measures less than 12 feet overall between the centers of extreme axles, extending across the full width of the vehicles; except that for vehicles being driven on the interstate and defense highway system with a gross weight in excess of 73,280 pounds, a tridem shall measure not less than 40 inches nor more than 96 inches between the parallel vertical planes.

Source. 1983, 434:6, eff. June 24, 1983.

Section 259:115-b

    259:115-b Truck. – " Truck " shall mean every motor vehicle designed, used or maintained primarily for the transportation of property.

Source. 1985, 213:6, eff. Jan. 1, 1986.

Section 259:116

    259:116 Truck-tractor. – " Truck-tractor " shall mean any vehicle designed and intended primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the vehicle and load so drawn, except that a truck-tractor engaged in the transportation of automobiles may transport motor vehicles on a part of the power unit.

Source. RSA 259:1, XXVIII-a. 1967, 341:1. 1981, 146:1. 1983, 434:5, eff. June 24, 1983.

Section 259:117

    259:117 Uninsured Motor Vehicle. – " Uninsured motor vehicle ," for the purposes of RSA 264:15, shall mean, subject to the terms and conditions of the coverage required therein, an insured motor vehicle for which the liability insurer is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency. The term shall also include an insured motor vehicle if and to the extent that, at the time of the subject accident, (1) the applicable liability insurance limits are less than the limits of the uninsured motorist coverage applicable to the insured; or (2) the available liability insurance has been reduced by payments to others injured in the subject accident to an amount less than the limits of the uninsured motorist coverage applicable to the insured.

Source. RSA 268:15-a, II, V. 1967, 284:2. 1969, 485:2. 1970, 37:11. 1981, 146:1; 507:3, eff. Jan. 1, 1982. 2014, 154:1, eff. Jan. 1, 2015.

Section 259:118

    259:118 Urban Residence District. – " Urban residence district " shall mean the territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXIII. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:119

    259:119 Use. – " Use ," as used in the provisions of this title relative to road tolls, shall mean, in addition to its original meaning, the receipt of special fuel by any user into his motor vehicle or into a receptacle from which special fuel is supplied by such user to his motor vehicle.

Source. 1923, 75:5. PL 104:7. 1935, 73:8. 1941, 204:3. RL 120:10. 1943, 65:1. 1947, 138:5, 6. 1949, 32:1. RSA 265:22, II(c). 1963, 300:2. 1967, 426:4. 1981, 146:1. 1990, 62:4, eff. June 5, 1990.

Section 259:120

    259:120 User. – " User ," as used in the provisions of this title relative to road tolls, shall mean any person, except the United States government or any of its agencies, the state of New Hampshire and all of its political subdivisions, including school districts and village districts, or any state of the United States, District of Columbia or a province or territory of Canada.

Source. 1923, 75:5. PL 104:7. 1935, 73:8. 1941, 204:3. RL 120:10. 1943, 65:1. 1947, 138:5, 6. 1949, 32:1. RSA 265:22, II(b). 1967, 426:4. 1979, 358:8, VII. 1981, 146:1. 1990, 62:5, eff. June 5, 1990.

Section 259:121

    259:121 Utility Dealer. –
" Utility dealer " shall mean:
I. Any person engaged in the manufacture, purchase, sale, or exchange at wholesale or retail of travel or camp trailers, utility trailers, boat trailers, semi-trailers, tractors, farm equipment, construction equipment, chassis with special equipment, modular buildings, manufactured housing, or any combination thereof.
II. Any person engaged in the lease or rental of storage trailers.

Source. RSA 259:1, XXXII-b. 1969, 463:1. 1981, 146:1. 1983, 230:11. 1997, 179:6. 2009, 238:2, eff. July 16, 2009.

Section 259:122

    259:122 Vehicle. –
" Vehicle " shall mean:
I. Except as provided in paragraphs II and III, every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a way, excepting devices used exclusively upon stationary rails or tracks;
II. [Repealed.]
III. When used in the provisions of RSA 264, the same as paragraph I of this section, but not including bicycles, electric bicycles, and mopeds.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXIV; 263-B:2(a); 269-A:1, XI. 1963, 252:1. 1967, 357:1. 1975, 324:1. 1979, 404:1. 1981, 146:1; 422:8. 1983, 230:19, II; 431:4, eff. Aug. 23, 1983. 2019, 93:10, eff. Aug. 18, 2019.

Section 259:123

    259:123 Vehicle Identification Number. – " Vehicle identification number " shall mean a unique distinguishing number issued by a vehicle manufacturer to a particular vehicle and stamped or embossed on a permanent part of the vehicle or on a plate provided by the manufacturer for that purpose, or such unique distinguishing number issued by the motor vehicle titling authority of this or any other state in lieu of a manufacturer's number.

Source. RSA 269-A:1, III. 1967, 357:1. 1975, 324:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 259:124

    259:124 Walking Disability. –
" Walking disability ," as used in RSA 261:88, means a severe physical impairment including partial paralysis, lower limb amputation, chronic heart disease, emphysema, arthritis, rheumatism or other debilitating condition:
I. Which limits personal mobility and results in an inability to travel without the use of a wheelchair, crutch, walker, prosthetic, orthotic or other assistive device, and which is verifiable by a comparable disability rating from the Department of Veterans Affairs, Social Security Administration, or Workers' Compensation Board;
II. Caused by a cardiovascular impairment to the extent that functional limitations are rated in either class III or class IV standards as accepted by the American Heart Association; or
III. Caused by lung dysfunction to the extent that the person's forced respiratory expiratory volume in one second, as measured by spirometry, is less than one liter, or the person's arterial oxygen tension (pO 2) is less than 60 mm/Hg in room air at rest.

Source. RSA 260:18-a, IV. 1957, 160:1. 1977, 301:1. 1978, 26:1. 1979, 36:1. 1981, 146:1. 1988, 65:1, eff. June 10, 1988.

Section 259:125

    259:125 Way. –
" Way " shall mean:
I. Except as provided in paragraph II, the entire width between the boundary lines of any public highway, street, avenue, road, alley, park or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use, or any such way which has been used for public travel thereon, other than to and from a toll bridge or ferry, for 20 years, or any public or private parking lot which is maintained primarily for the benefit of paying customers;
II. For the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, and RSA 265-A:3, any public highway, street, avenue, road, alley, park, parking lot or parkway; any private way laid out under authority of statute; ways provided and maintained by public institutions to which state funds are appropriated for public use; any privately owned and maintained way open for public use; and any private parking lots, including parking lots and other out-of-door areas of commercial establishments which are generally maintained for the benefit of the public.

Source. 1905, 86:1. 1911, 133:1. 1913, 81:1. 1915, 129:1. 1917, 229:1. 1919, 161:1. 1921, 119:1. 1923, 75:1. 1925, 25:1; 68:1. PL 99:1. 1927, 52:1. 1929, 43:1. 1935, 73:2, 3. 1939, 47:1; 130:1; 189:1, 2, 3, 5; 190:1. 1941, 98:1; 111:1; 142:2. RL 115:1. 1943, 65:1; 189:1. 1947, 177:1. 1949, 189:1, 2; 197:1; 212:2; 233:1; 286:4. 1953, 252:3. RSA 259:1, XXXV; 262-A:84; 262-B:2, II; 265:2, III. 1963, 330:1. 1965, 274:1. 1969, 433:1. 1971, 171:1. 1973, 584:1. 1981, 146:1; 543:10. 1985, 231:1. 2006, 260:15. 2008, 210:2, eff. Aug. 15, 2008.

Section 259:126

    259:126 Wrecker. – " Wrecker " shall mean a motor vehicle of the truck type designed, manufactured, intended, or adapted primarily for the towing of vehicles upon a way.

Source. 1986, 216:2. 1989, 305:18, eff. July 1, 1989.