hb 1166

CHAPTER 47

HB 1166– FINAL VERSION

AN ACT clarifying certain local regulation of OHRVs and relative to the operation of snow traveling vehicles on class VI roads.

SPONSORS: Rep. Philbrick, Carr 5; Rep. Merrow, Carr 6

This bill clarifies the authority for certain local regulation of OHRVs. The bill also provides for dual use of class VI roads by conventional vehicles and snow traveling vehicles.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT clarifying certain local regulation of OHRVs and relative to the operation of snow traveling vehicles on class VI roads.

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

47:1 Operation of OHRVs; Local Authority. Amend RSA 215-A:6, IX to read as follows:

IX. Pursuant to RSA 215-A:15, [~~towns and cities~~] city or town councils and boards of selectmen may authorize the use of sidewalks and class IV, class V or class VI highways and bridges, or portions thereof, for use by OHRVs. The operation of OHRVs may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e). Operators of OHRVs using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The bureau, or its designee, shall so post such highways where authorized. Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of a class IV, class V, or class VI highway by OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply.

47:2 Regulations of Political Subdivisions. Amend RSA 215-A:15, I to read as follows:

I. With bylaws or ordinances [~~any town or city~~] city or town councils and boards of selectmen may regulate the operation of OHRVs within [~~its~~] city or town limits, providing they do not conflict with provisions of this chapter.

47:3 Operation of Snow Traveling Vehicles. RSA 215-A:7, II is repealed and reenacted to read as follows:

II. In those instances where a municipality does not maintain a class IV, class V, or class VI highway for winter use by conventional motor vehicles, the city or town council or board of selectmen may authorize the use of such a highway by snow traveling vehicles; or, alternatively, it may authorize dual use of such highway by snow traveling vehicles and by those conventional highway vehicles that are being used solely for access to property abutting such highway. Vehicles of any type being used for law enforcement, firefighting, rescue, and road maintenance shall have unrestricted access to such highways in either case. The bureau or its designee shall post said highways in accordance with the status established by municipal authorities as provided in this paragraph. Following a duly noticed public hearing, except in the case of an emergency closure, such authorities may change the status of a highway by giving notification to the supervisor of the bureau and removing any signs that no longer apply.