RSA 215-A:19 · Penalties and Owner/Operator Responsibilities

215-A:19 Penalties and Owner/Operator Responsibilities. –

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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:

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(1)

To the owner of any lands where trees, shrubs, roads, or other property have been damaged as a result of travel over the owner's premises by such vehicles.

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(2)

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

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(b)

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

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II.

Any person who, while operating or in charge of an OHRV, shall refuse when requested by a police officer or person authorized to make criminal arrests to give his name and address or the name and address of the owner of such OHRV or who shall give a false name and address, or who shall refuse or neglect to stop when signaled to stop by any police officer or any person authorized to make criminal arrests who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who refuses on demand of such officer or person to produce his license to operate such vehicle or his certificate of registration, or to permit such officer or person to take the license or certificate in hand for the purpose of examination, or who refuses on demand of such officer or person to sign his name in the presence of such officer, or who refuses to surrender to the executive director or his duly authorized representative any license, registration certificate or number decal upon demand after suspension or revocation of the same, shall be guilty of a misdemeanor.

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III.

If any person shall mischievously take, drive, ride, or use any OHRV, without the consent of the owner or person having control thereof, but not with the intent to steal the same, he shall be guilty of a misdemeanor.

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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 such officer for up to a 24-hour period or until released to the owner upon payment of the cost of such seizure and retention.

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(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 snowmobile and 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.

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V.

A police officer may cause the removal and storage of an OHRV if he has reason to believe any of the following:

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(a)

The OHRV has been left unattended on any public property for a period of greater than 48 hours.

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(b)

The owner or legal occupant of private property has complained that an OHRV has been abandoned on said private property for a period of greater than 48 hours.

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(c)

The OHRV is reported stolen, is apparently abandoned, is without proper registration, or is apparently unsafe to be driven.

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(d)

The owner or custodian of the OHRV is under arrest or otherwise incapacitated.

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(e)

The OHRV has been used in connection with a criminal offense.

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(f)

The use of the OHRV has resulted in damage to public or private property.

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VI.

No custodian or police officer shall be liable for damages to an OHRV while it is in his custody under paragraph V, provided he exercises due care.

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VII.

[Repealed.]

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VIII.

[Repealed.]

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IX.

In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed an OHRV or snowmobile training program, shall complete an OHRV training program, at that person's own expense, within 6 months of conviction. Any person who fails to successfully complete the OHRV training program within 6 months may not legally register or reregister any OHRV or snowmobile until such time as the OHRV training program is successfully completed:

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(a)

[Repealed.]

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(b)

[Repealed.]

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(c)

Disobeying a person authorized to enforce the provisions of this chapter as provided in RSA 215-A:16 and RSA 215-A:17, or by acting in a manner prohibited by RSA 215-A:19, II.

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(d)

RSA 265-A:2, I and RSA 265-A:3, relative to operating an OHRV while intoxicated or under the influence of drugs.

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(e)

RSA 265-A:14, relative to refusal of consent.

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(f)

RSA 215-A:6, IV, relative to endangering any person or damaging any property.

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(g)

RSA 215-A:29, X, relative to failure to yield right-of-way.

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(h)

[Repealed.]

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X.

In addition to any other penalty or obligation imposed, the owner of any lands which have been damaged in violation of this chapter may bring an action to recover such damages, in the superior court for the county in which the lands are located, against any person who is responsible and accountable under subparagraph I(a). In bringing such action, the owner shall be entitled to:

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(a)

The cost of clean-up and restoration to the prior condition of the lands;

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(b)

Multiple damages of up to 3 times actual damages, based upon the level of culpability for the conduct, as determined by the trier of fact; and

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(c)

Reasonable attorney's fees necessary to the action. Source. 1981, 538:3. 1983, 449:10. 1986, 152:13, 14; 221:13. 2002, 233:6. 2003, 104:1, 2; 295:17. 2005, 64:1, 2; 210:21-23. 2006, 90:1-3, 12, I, II; 260:11. 2009, 176:1. 2010, 66:1, I, eff. Jan. 1, 2011. 2013, 148:2, I, eff. July 1, 2013. 2016, 278:2-4, eff. Jan. 1, 2017.

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