RSA 215-C:1 · Definitions

215-C:1 Definitions. – As used in this chapter unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:

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I.

"Accompanied by," or "accompany" means when a person is within sight and when actual physical direction and control can be effected.

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II.

"Antique snowmobile" means a snowmobile which is any of the following:

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(a)

A snowmobile manufactured prior to the year 1995; or

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(b)

An antique motor vehicle converted to travel over snow, manufactured prior to 1940.

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III.

"Bureau" means the bureau of trails in the department of natural and cultural resources.

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IV.

"Cowl" means the forward portion of a snowmobile surrounding the motor.

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V.

"Dealer" means a person in the snowmobile or OHRV business who sells snowmobiles to the general public, or demonstrates for sale snowmobiles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more snowmobiles at retail to the general public in a consecutive 12-month period is a retail snowmobile dealer. For the purpose of this definition, this shall include retail snowmobile dealers and wholesale snowmobile dealers.

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VI.

"Executive director" means the executive director of the fish and game department.

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VII.

"Off highway recreational vehicle" means 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 operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter "off highway recreational vehicle" shall be abbreviated as OHRV. "Off highway recreational vehicles" shall not include snowmobiles as defined in this chapter.

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VIII.

"Operate," in all its moods and tenses, when it refers to a snowmobile, means to use that vehicle in any manner for transportation.

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IX.

"Operator" means a person riding on or in, and who is in actual physical control of, a snowmobile or OHRV.

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X.

"Owner" means any person, other than a lienholder, having title to a snowmobile.

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XI.

"Public water" means any public body of water as defined by RSA 271:20 which has been frozen over and is sufficient to hold any person or vehicle, whatsoever. Such public waters shall be deemed a public way and any violation shall be treated as if it took place on land.

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XII.

"Public way" means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for snowmobiles shall not be a public way.

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XIII.

"Rental agent" means a person licensed under RSA 215-C:45 or RSA 215-A:26 accepting money or other valuable consideration for the temporary use of snowmobiles, provided to members of the general public.

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XIV.

"Resident" means 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.

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XV.

"Snowmobile" means 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 snowmobiles under this chapter. "Snowmobiles" shall not include OHRVs as defined in RSA 215-A.

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XVI.

"Snowmobile club" means an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization.

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XVII.

"Snowmobile or OHRV training program," "Snowmobile or OHRV safety training course," or "Snowmobile or OHRV safety education program" means a course of instruction approved or recognized by the department of fish and game as appropriate for a certain type or types of snowmobiles, that sufficiently covers proper operation, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of snowmobiles. At the discretion of the executive director, training or education programs for snowmobiles and for OHRVs may be combined.

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XVIII.

"Snowmobile trails maintenance vehicle" means any mechanically-propelled vehicle used to maintain snowmobile trails or cross country ski trails, classified by the chief of the bureau of trails. When such vehicle is registered as a snowmobile trails maintenance vehicle, it shall not be used for recreational purposes. Notwithstanding the definition of a snowmobile under paragraph XV, all snowmobile trails maintenance vehicles shall be classified as snowmobiles for purposes of this chapter.

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XIX.

"Traveled portion" means all areas of a public highway between the plowed snowbanks.

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XX.

"Trail connector" means that specific portion of an snowmobile trail or cross country ski trail on which a snowmobile trail maintenance vehicle may operate authorized within a state highway right-of-way by the department of transportation.

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XXI.

"Youth model snowmobile" means a snowmobile that is equipped with an internal combustion engine with a maximum piston displacement of 125 cubic centimeters. Source. 2005, 210:1. 2006, 14:3; 99:1. 2010, 88:1, eff. July 24, 2010. 2017, 156:14, I, eff. July 1, 2017. 2019, 241:6, eff. May 1, 2020. 2020, 10:1, eff. July 14, 2020.

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