SB318: relative to the applicability of driving while intoxicated prohibitions.

SB 318 - AS AMENDED BY THE SENATE

02/19/04 0447s

2004 SESSION

04-3012

03/09

SENATE BILL 318

AN ACT relative to the applicability of driving while intoxicated prohibitions.

SPONSORS: Sen. Sapareto, Dist 19; Rep. Morris, Rock 84

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies that driving while intoxicated prohibitions apply to motor vehicles, and exempts wheelchairs from the definition of "motor vehicle." This bill also establishes a violation for riding a bicycle while intoxicated.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0447s

04-3012

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the applicability of driving while intoxicated prohibitions.

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

1 Words and Phrases Defined; Drive. Amend RSA 259:24 to read as follows:

259:24 Drive. "Drive," in all its moods and tenses, shall mean to operate or be in actual physical control of a motor vehicle or OHRV. "Drive" shall not include any operation or physical control of a vehicle by remote control unless the person is inside the vehicle.

2 Words and Phrases Defined; Motor Vehicle. Amend RSA 259:60, I to read as follows:

I. Except where otherwise specified in this title, any self-propelled vehicle not operated exclusively on stationary tracks, including ski area vehicles, but not including any type of wheelchair;

3 Driving Under the Influence of Drugs or Liquor; Driving With Excess Alcohol Concentration. Amend the introductory paragraph of RSA 265:82, I to read as follows:

I. No person shall drive or attempt to drive a motor vehicle upon any way:

4 Application of Motor Vehicle Laws to Bicycles. Amend RSA 265:143 to read as follows:

265:143 Application of Motor Vehicle Laws to Bicycles.

I. Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and be subject to all of the duties applicable to the driver of any other vehicle under the rules of the road, except as provided in paragraph II and as to special regulations in this subdivision and except as to driving under the influence of alcoholic beverages or drugs and those provisions which by their nature can have no application.

II.(a) Any peace officer, wearing a distinctive uniform, operating a bicycle during the course of his or her duties is exempt from the provisions of this subdivision, [except as those provisions relate to driving under the influence of alcoholic beverages or drugs,] if the bicycle is being operated under any of the following circumstances:

(1) In response to an emergency call.

(2) While engaged in a rescue operation.

(3) In the immediate pursuit of an actual or suspected violator of the law.

(b) This paragraph shall not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the public way.

5 New Paragraph; Riding on Bicycles; Influence of Drugs or Alcohol. Amend RSA 265:144 by inserting after paragraph IX the following new paragraph:

X.(a) No person shall ride a bicycle upon any public way:

(1) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or

(2) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.

(b) Any person who violates this paragraph shall be guilty of a violation and shall be fined not less than $350.

6 Effective Date. This act shall take effect January 1, 2005.