HB379: relative to penalties for OHRV violations by underage operators.

CHAPTER 104

HB 379 - FINAL VERSION

05/08/03 1471s

2003 SESSION

03-0225

10/09

HOUSE BILL 379

AN ACT relative to penalties for OHRV violations by underage operators.

SPONSORS: Rep. Itse, Rock 80

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill allows for operators of OHRVs who are minors to be punished for violation of the OHRV laws. The bill also allows for the liability of the owner of the OHRV if used by a minor in a violation of the OHRV laws.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/08/03 1471s

03-0225

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to penalties for OHRV violations by underage operators.

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

104:1 OHRV; Penalties; Owner Responsibilities. Amend RSA 215-A:19, I to read as follows:

I.(a) Unless otherwise provided, any person who violates this chapter or any rule relating thereto shall be guilty of a violation. In addition thereto, the operator or owner or both of any OHRV shall be responsible and held accountable:

(1) To the owner of any lands where trees, shrubs, or other property have been damaged as a result of travel over their premises by such vehicles.

(2) For any damage incurred or for violations of this chapter committed by a person under the age of 18.

(b) The executive director may revoke, after a hearing, the registration of any OHRV registered in the name of any person who violates this chapter or any rule relating thereto.

104:2 OHRV; Penalties; Violations by a Minor. Amend RSA 215-A:19, IV to read as follows:

IV.(a) Notwithstanding any other provisions of law to the contrary, any OHRV, operated by a minor in violation of any provision of this chapter or of any motor vehicle law, may be seized by a law enforcement officer and retained by [him] such officer for up to a 24-hour period or until released to [a parent, guardian or] the owner upon payment of the cost of such seizure and retention. [Such seizure and retention shall be considered punishment of the minor in addition to any other punishment provided by a district or municipal court sitting in juvenile session.]

(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional OHRV safety training.

104:3 New Paragraph; Operation of OHRVs; Violations by Minors. Amend RSA 215-A:29 by inserting after paragraph VII the following new paragraph:

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

104:4 Effective Date. This act shall take effect January 1, 2004.

(Approved: June 6, 2003)

(Effective Date: January 1, 2004)