CHAPTER Fis 1500  OFF HIGHWAY RECREATION VEHICLES AND SNOWMOBILES

 

REVISION NOTE #1:

 

          Document #9661, effective 2-25-10, made many changes to the wording and format of rules in Chapter Fis 1500 and renumbered many rules within the chapter.  The requirements on rental agents formerly within Part Fis 1504 were adopted in a new Part Fis 1505.  The rules in the former Part Fis 1505 through Part Fis 1508 were renumbered as Part Fis 1506 through Part Fis 1509, except for the former Fis 1508.02 on wheeled vehicle reciprocity, which was repealed.  A new part Fis 1510 on sound level of snowmobiles was also adopted.  The chapter has been re-named “Off Highway Recreation Vehicles and Snowmobiles” instead of “Off Highway Recreation Vehicles.”

 

Document #9661 replaced all prior filings affecting Fis 1500.  The prior filings affecting Fis 1500 included the following documents:

 

          #1901, effective 12-28-81

          #2596, effective 1-20-84

          #4725, effective 12-21-89

          #5279, effective 11-20-91

          #5459, effective 8-28-92

          #6141, INTERIM, effective 12-20-95, EXPIRED 4-18-96

          #6300, effective 7-26-96

          #7444, effective 2-3-01

          #7465, effective 3-23-01

          #8118, INTERIM, effective 7-16-04, EXPIRED 1-12-05

          #8518, effective 12-17-05

 

REVISION NOTE #2:

 

          Document #12590, effective 7-25-18, readopted with amendments the former rules Fis 1501 through Fis 1510 and adopted a new Part Fis 1511, thereby making extensive changes to the wording, format, and numbering of rules within the former Chapter Fis 1500.  Document #12562, effective 6-28-18, had readopted with amendment the former Fis 1502.03 titled “Periods of Suspension” from Chapter Fis 1500 on OHRVs and snowmobiles and renumbered Fis 1502.03 as Fis 1802.01(f) and (g), with Fis 1802.01 now titled “Actions Against Licensees, Registrants, and Permit Holders.”  See the Revision Note #2 at the chapter heading for Fis 1800.

 

          Document #12560 replaces all prior filings affecting Fis 1500.  The prior filings subsequent to Document #9661, effective 2-25-10, which affected Fis 1500 include the following documents:

 

          #10127, effective 5-22-12

          #12562, effective 6-28-18 (See Revision Note #2 at chapter heading for Fis 1800)

 

          The rules in the former Fis 1800 as last filed under Document #9661, effective 2-15-10, did not expire on 2-25-18, but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12590, effective 7-25-18 or, in the case of the former Fis 1502.03, by Fis 1802.01(f) and (g) in Document 12562, effective 6-28-18.

 

CHAPTER Fis 1500  OFF HIGHWAY RECREATION VEHICLES AND SNOWMOBILES

 

PART Fis 1501  DEFINITIONS

 

          Fis 1501.01  Chapter Definitions.

 

          (a)  “Annual registration” means OHRV registration in accordance with RSA 215-A: 21, other than temporary registration in accordance with RSA 215-A: 21, V, or snowmobile registration in accordance with RSA 215-C: 36.

 

          (b)  “Dealer” means “dealer” as defined in RSA 215-A:1, III-a and RSA 215-C:1, V, namely “a person in the OHRV or snowmobile business who sells OHRVs or snowmobiles to the general public, or demonstrates for sale vehicles 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 vehicles at retail to the general public in a consecutive 12-month period is a retail vehicle dealer.  For the purpose of this definition, this shall include retail OHRV or snowmobile dealers and wholesale OHRV or snowmobile dealers."

 

          (c)  “Decals” means OHRV and snowmobile registration numbers or adhesive materials with printed numbers as annually approved by the executive director that are issued with a registration certificate for placement on an OHRV or snowmobile as evidence of registration.

 

          (d)  “Event” means an organized OHRV or snowmobile race, rally, contest, antique or defined charitable meet in which OHRVs or snowmobiles are operated within a designated set of boundaries, trails or prescribed course, upon public or private land or frozen bodies of water owned by anyone other than the organizer of said event but does not include trails maintenance projects or other OHRV or snowmobile gatherings.

 

          (e) “New Hampshire Off Highway Vehicle Association (NHOHVA): means an association of independently incorporated New Hampshire Off Highway Vehicle clubs that share information and experience, participate in educational opportunities, and become partners in creating a positive image of the sport.

 

          (f) “New Hampshire Snowmobile Association (NHSA)” means an association of independently incorporated New Hampshire snowmobile clubs, working together as a unified voice to speak for the sport of snowmobiling and to promote it as a safe family recreation.

 

          (g)  “Person” means “person” as defined in RSA 207:1, XX.

 

          (h)  “Plate” means the registration materials issued:

 

(1)  To OHRV and snowmobile dealers pursuant to Fis 1504 allowing the temporary use of multiple machines for sales, demonstration, or business purposes by the licensed dealer and employees of the dealership;

 

(2)  To applicants with antique machines, pursuant to Fis 1503.04; and

 

(3)  To applicants who are governmental entities pursuant to Fis 1503.08.

 

          (i)  “Registrant” means any person who has legally registered an OHRV or snowmobile through the department or its duly authorized agents, and has a registration certificate and decal set recorded in their name with the department.

 

          (j)  “Rental agent” means “rental agent” as defined in RSA 215-A:1, XI-a and RSA 215-C:1, XIII, namely “a person licensed under RSA 215-A:26 and RSA 215-C:45 accepting money or other valuable consideration for the temporary use of OHRVs and snowmobiles provided to members of the general public.”

 

          (k)  “Resident” means “resident” as defined in RSA 215-A:1, XII and RSA 215-C:1, XIV.

 

          (l)  “Tracked OHRV” means a wheeled vehicle that has had the wheels or tires removed and replaced with tracks, cleats, or skis.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

 

PART Fis 1502  GENERAL ADMINISTRATION

 

          Fis 1502.01  Forms.  Whenever a person is required to complete a form, the following shall apply:

 

          (a)  Forms shall be filled out completely; and

 

          (b)  Forms shall be completed in a legible manner.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.02  Incomplete Form.

 

          (a)  All forms shall be reviewed by the department in accordance with RSA 541-A: 29.

 

          (b)  The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the department, provided that this opportunity shall not extend any date or deadline for the submission of information to the department imposed elsewhere in these rules.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.03  Failure to Comply with Statute or Rule.

 

          (a)  In the event an applicant fails to comply with an applicable statute or rule, the application shall not be processed.

 

          (b)  The applicant shall be notified of the reason(s) for the rejection orally if presenting the application in person or by mail if the application has been received in the mail.

 

          (c)  If the applicant agrees with the reason for rejection, the error may be corrected in accordance with Fis 1502.02.

 

          (d)  If the applicant contests the reason for rejection, the applicant may seek a hearing in accordance with the procedures contained in Fis 200.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.04  Fees, Form of Payment.  Whenever an applicant makes payment to the department for satisfaction of a fee, the following shall apply:

 

          (a)  Payment shall be made in the form of cash, check, money order, or accepted credit cards;

 

          (b)  Checks and money orders shall be made payable to the department or the "State of New Hampshire ".  Alternative payees, including but not limited to “State of New Hampshire Fish and Game,” “New Hampshire Department of Fish and Game,” or “Treasurer - State of New Hampshire,” shall be accepted, provided the payee name does not lend itself to endorsement by any party other than the State of New Hampshire, and

 

          (c)  Unless otherwise provided in these rules, any fee prescribed by statute or rule shall be submitted in full at the same time as the application.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.05  Checks.

 

          (a)  Post-dated checks shall not be accepted.

 

          (b)  Checks shall be for the exact amount due to the department.

 

          (c)  No 2-party check shall be accepted;

 

          (e)  No check shall be accepted which is dated more than 90 days prior to receipt; and 

 

          (f)  In the event a non-compliant check is presented for payment, the application for registration shall be rejected, and the applicant shall be notified in accordance with Fis 1502.04.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.06  Legal Address.  Whenever a registrant is required to furnish his or her address by statute or rule, the address shall reflect a street, road, avenue, or like designation.  A post office or rural route box number, without more, shall not be adequate.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.07  Specific Registration Number.

 

          (a)  Registration numbers shall be the property of the state and shall be assigned by the department in accordance with these rules.

 

          (b)  Numbers 1-1000 shall be issued annually by the executive director or his designee at headquarters using the following priority for assignment:

 

(1)  First priority shall be given to persons who were assigned one of these numbers in the immediate preceding registration year; and

 

(2)  Second priority for any available remaining numbers shall be provided to persons who request such numbers in writing, in the order that such requests are received. 

 

          (c)  Snowmobile number “0” shall be assigned annually at headquarters upon the recommendation of the New Hampshire Snowmobile Association following its annual NHSA/Easter Seals fundraising auction.

 

          (d)  Nothing in (b) or (c) above shall alter or exempt the payment of fees due for registration of a snowmobile or OHRV as imposed by statute or these rules.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.08  Registration via the U.S. Mail.

 

          (a)  An applicant may choose to file an application via the U.S. Mail with department headquarters.

 

          (b)  The burden shall be upon the applicant to mail such application sufficiently in advance to leave 5 business days for processing by the department.

 

          (c)  No agent of the department shall be authorized to process any application described in these rules received by the agent via the U.S. Mail.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.09  Transfer of Registration or License Prohibited.

 

          (a)  The following types of OHRV or snowmobile registration certificates and licenses shall not be eligible to be transferred:

 

(1)  Temporary 10-day OHRV registration;

 

(2)  Permanent registration of an antique OHRV or snowmobile;

 

(3)  Annual dealer license and associated dealer plates;

 

(4)  Annual rental agent license and associated rental decals; and

 

(5)  Any registration that has been suspended or revoked for cause.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.10  Transfer of Registration.  An applicant seeking transfer of a registration certificate shall be permitted to transfer between the same registration type and shall complete and submit the form entitled, “Application for Transfer or Replacement of Current Season Registration and Decals” as revised 3/2020. 

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1502.11  Replacement of Lost, Stolen, Damaged or Destroyed Decals or Plates.  An applicant seeking replacement of decals or plates shall be complete and submit the form entitled, “Application for Transfer or Replacement of Current Season Registration and Decals” as revised 3/2020.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1502.12  Replacement of Missing or Destroyed Registration Certificate.  An applicant seeking replacement of a missing or destroyed registration certificate shall complete and submit the form entitled, “Request for Duplicate of Current Season or Antique Registration Certificate”, as revised 3/2020 at department headquarters, in person, or by mail.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1502.13  Complaints and Hearing.  Complaints shall be received and administrative hearings shall be conducted in accordance with the procedures set forth in RSA 541-A: 29, Fis 200 and Fis 1800.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1502.14  Validity of Registration.  No registration certificate issued by the department pursuant to this chapter shall be treated as valid until the document has been signed in ink by the registrant.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1503  OHRV AND SNOWMOBILE REGISTRATION REQUIREMENTS

 

          Fis 1503.01  Temporary Nonresident OHRV Registration.

 

          (a)  An applicant for a 10-day temporary OHRV wheeled vehicle registration, as authorized in RSA 215-A: 23, V-b, shall complete and submit the form entitled “2020 Nonresident 10-Day Temporary OHRV (Wheeled Vehicle) Registration Application” Rev 3/2020, and the correct fee, which shall include the total of the fee specified in RSA 215-A: 23, V-b, plus the agent’s fee specified in RSA 214-A: 4, plus the search and rescue fee specified in RSA 215-A: 23, X, and any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

 

          (b)  No temporary nonresident OHRV registration shall be effective prior to May 1 or after October 31 of the current year.

 

          (c)  Temporary nonresident OHRV registrations:

 

(1)  Shall be valid only for 10 consecutive calendar days, commencing at the “start time” requested by the applicant;

 

(2)  Shall not be transferable; and

 

(3)  Shall not be replaced by the department if lost, stolen, or destroyed.

 

          (d)  Upon meeting all of the conditions in (a)-(c) above, as applicable, the agent shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s).

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1503.02  - RESERVED

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; rpld by #13199, eff 4-30-21

 

          Fis 1503.03  Annual Registration of OHRVs and Snowmobiles.

 

          (a)  OHRV and snowmobile registrations shall be available to an applicant by appearing in person at an agent location or at headquarters, in person or by mail.

 

          (b)  An applicant for an annual OHRV or snowmobile vehicle registration shall complete and submit the form entitled “2020-2021 Annual Registration Application”, Rev. 3/2020.

 

          (c)  An applicant for an annual OHRV or snowmobile vehicle registration shall pay the agent the correct fee, which includes:

 

(1)  The fee specified in RSA 215-A: 23 or RSA 215-C: 39;

 

(2)  The agent’s fee specified in RSA 214-A: 4;

 

(3)  The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

 

(4)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

 

          (d)  An applicant seeking to pay a reduced fee based upon snowmobile club membership shall show an NHSA voucher, in either printed or electronic format, at the time of registration, of a valid membership for the corresponding registration year in a New Hampshire non-profit snowmobile club as specified in RSA 215-C:39, I and III, that includes the following:

 

(1)  Member’s first and last name;

 

(2)  Member’s address;

 

(3)  Whether a single or family membership;

 

(4)  If family membership, name of spouse;

 

(5)  A unique NHSA member ID number obtained by the applicant from NHSA;  

 

(6)  Date of issue;

 

(7)  The snowmobile registration year to which the NHSA member ID number applies; and

 

(8)  Snowmobile club name.

 

          (e)  An applicant seeking to pay a reduced fee based upon wheeled vehicle club membership shall show an NHOHVA voucher, in either printed or electronic format, at the time of registration, of a valid membership for the current corresponding registration year in a New Hampshire non-profit OHRV club as specified in RSA 215-A: 23 I and III, that includes the following:

 

(1)  Member’s first and last name;

 

(2)  Member’s address;

 

(3)  Whether a single or family membership;

 

(4)  If family membership, name of spouse;

 

(5)  A unique NHOHVA member ID number obtained by the applicant from NHOHVA;  

 

(6)  Date of issue;

 

(7)  The OHRV registration year to which the NHOHVA member ID number applies; and

 

(8)  OHRV club name.

 

          (f)  Upon meeting all of the conditions in (a)-(c) above, as applicable, the agent shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s).

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1503.04  Permanent Registration of Antique ATVs and Trail Bikes.

 

          (a)  A permanent registration of an antique ATV or trail bike shall only be available at headquarters, in person, or by mail.

 

          (b)  An applicant for a permanent registration of an antique ATV or trail bike, as defined in RSA 215-A: 1, I-c or I-d, shall complete and submit the form entitled, “Antique ATV & Trail Bike Registration Application”, Rev. 3/2020.

 

          (c)  An applicant for an antique ATV, trail bike or snowmobile registration shall pay the agent the correct fee, which includes:

 

(1)  The one time permanent fee specified in RSA 215-A: 23;

 

(2)  The agent’s fee specified in RSA 214-A: 4;

 

(3)  The search and rescue fee specified in RSA 215-A: 23, X; and

 

(4)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.   

 

            (d)  A permanent registration of an antique ATV or trail bike shall:

 

(1)  Be available only to residents of New Hampshire;

 

(2)  Be available only for machines that are at least 25 years old;

 

(3)  Become invalid upon the occurrence of any of the following events:

 

a.  The registrant is no longer a legal resident of New Hampshire;

 

b.  The registrant transfers ownership of the machine, either voluntarily to a person or legal entity of which he is not the beneficiary, or involuntarily by death; or

 

c.  The machine is destroyed.

 

          (e)  Upon meeting all of the conditions in (a) – (c) above, as applicable, the department shall provide the applicant his or her certificate of registration, together with the appropriate permanent registration plates.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1503.041  Permanent Registration of Antique Snowmobiles.

 

          (a)  A permanent registration of an antique snowmobile shall only be available at headquarters, in person, or by mail.

 

          (b)  An applicant for a permanent registration of an antique snowmobile as defined in RSA 215-C: 1, shall complete and submit the form entitled, “Antique Snowmobile Registration Application”, Rev 3/2020, and the correct fee, which includes:

 

(1)  The one-time permanent fee specified in RSA 215-C: 39;

 

(2)  The agent’s fee specified in RSA 214-A: 4;

 

(3)  The search and rescue fee specified in RSA 215-C: 39, XI; and

 

(4)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

 

          (c)  A permanent registration of an antique snowmobile shall:

 

(1)  Be available only to residents of New Hampshire;

 

(2)  Be available only for machines manufactured in the year 1994 or prior;

 

(3)  Become invalid upon the occurrence of any of the following events:

 

a.  The registrant is no longer a legal resident of New Hampshire;

 

b.  The registrant transfers ownership of the machine, either voluntarily to a person or legal entity of which he is not the beneficiary, or involuntarily by death; or

 

c.  The machine is destroyed.

 

          (d)  Upon meeting all of the conditions in (a) –(c) above, as applicable, the department shall provide the applicant his or her certificate of registration, together with the appropriate permanent registration plates.

 

Source.  #13199, eff 4-30-21

 

          Fis 1503.05  Business Entity Registration.  

 

          (a)  A business entity registration of an OHRV or snowmobile shall only be available at headquarters, in person, or by mail.

 

          (b)  All initial applicants for a business entity registration shall submit a letter on business letterhead, signed by a person with legal authority to bind the applicant entity, to the law enforcement division indicating how the OHRV or snowmobile will be used for business purposes in New Hampshire. 

 

          (c)  The law enforcement division shall not approve an initial application for a business entity registration unless the applicant certifies that the OHRV or snowmobile shall be operated solely in the ongoing conduct of the business in New Hampshire, and not for the recreational use of an officer, employee, partner, member, shareholder, trustee, or beneficiary of the applicant.

 

          (d)  Renewal registration applications for the same business entity shall not require law enforcement division review before the application is processed for issuance of the registration.

 

          (e)  An applicant for a business entity registration of an OHRV or snowmobile shall complete and submit the form entitled, “Business Entity Registration Application”, Rev 3/2020.

 

          (f)  An applicant for an annual snowmobile or OHRV business entity registration shall pay the agent the correct fee, which includes:

 

(1)  The resident non-club member fee specified in RSA 215-A: 23, or RSA 215-C: 39;

 

(2)  The agent’s fee specified in RSA 214-A: 4;

 

(3)  The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

 

(4)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.   

 

          (g)  Upon meeting all of the conditions in (a) - (c) above, as applicable, the agent shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s).

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1503.06  Trails Maintenance Vehicle Registration.

 

          (a)  Registration of an OHRV trail maintenance vehicle or snowmobile trail maintenance vehicle as defined in RSA 215-A: 1 or RSA 215-C: 1 shall only be available at headquarters, in person, or by mail.

 

          (b)  An applicant for an OHRV trail maintenance vehicle or snowmobile trail maintenance vehicle registration shall complete and submit the form entitled, “Trails Maintenance Vehicle Application For: Cross Country Ski Trails, OHRV Trails, or Snowmobile Trails”, Rev 3/2020.

 

          (c)  An applicant for an OHRV or snowmobile trail maintenance vehicle registration shall pay the correct fee, as specified in RSA 215-A: 23, XI or RSA 215-C: 39, XII.

 

          (d)  All applications for trail maintenance vehicle registration shall be reviewed and approved by the bureau of trails, department of natural and cultural resources, to confirm that the applicant operates the vehicle for trail maintenance purposes.  

 

          (e)  Upon meeting all of the conditions in (a) – (c) above, as applicable, the department shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s). 

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1503.07  Tracked OHRV Registration Required.

 

          (a)  No tracked OHRV shall operate on a state-approved snowmobile trail unless the vehicle is registered as a snowmobile in accordance with Fis 1503.03, except as provided in (b) below.

 

          (b)  No tracked OHRV shall operate on a state-approved snowmobile trail if the total width of the vehicle at any point exceeds 54 inches, or the total weight of the vehicle exceeds 1,200 pounds except:

 

(1)  On property with written landowner permission pursuant to RSA 215-A: 29, XI or RSA 215-C: 49, XIII; or

 

(2)  On frozen bodies of water where snowmobile use is allowed.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1503.08  Government Vehicle Permanent Registration.

 

          (a)  Pursuant to RSA 215-A:25 and RSA 215-C:44, OHRV and snowmobile vehicles operated in this state by the federal government, the state of New Hampshire, or any political subdivision of the state of New Hampshire shall be registered to the governmental entity. 

 

          (b)  Governmental vehicle registration shall only be available at department headquarters in person, or by mail.

 

          (c) The governmental entity shall provide a letter on its organizational letterhead to the law enforcement division containing the following information:

 

(1)  Name and telephone number of a contact person;

 

(2)  Type of vehicle to be registered;

 

(3)  Year of vehicle manufacture;

 

(4)  Vehicle make and model;

 

(5)  Vehicle primary and secondary colors;

 

(6)  Vehicle identification number; and

 

(7)  Engine displacement.

 

          (d)  No fee shall be collected for a government vehicle registration.

 

          (e)  Upon meeting all of the above conditions, the department shall provide the applicant with a certificate of registration, together with the appropriate permanent registration plates.

 

          (f)  Registration for governmental use does not constitute approval for operation upon a public way, or operation of the vehicle for a recreational use.

 

          (g)  The governmental entity shall advise the department in writing when the vehicle has been removed from service, and:

 

(1)  Shall return the plate to the department if no replacement vehicle is placed in service; or

 

(2)  Shall provide the information required in (c) above to allow issuance of a new certificate of registration and transfer of the permanent plate to a replacement vehicle.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1504  DEALERS

 

          Fis 1504.01  Application for Annual Dealer License.

 

          (a)  An applicant for an annual dealer license may apply in person or by mail at department headquarters.

 

          (b)  The applicant for an initial annual dealer license shall complete and submit the form entitled “OHRV/Snowmobile Dealer Application”, Rev 3/2020.   

 

          (c)  An applicant shall pay, together with the application:

 

(1)  The annual dealer license fee imposed by RSA 215-A: 26, IV or RSA 215-C: 45, IV;

 

(2)  The dealer registration fee imposed by RSA 215-A: 23, IV or RSA 215-C: 39, IV for each plate requested;

 

(3)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a;

 

(4)  The agent’s fee specified in RSA 214-A: 4, and

 

(5)  The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI.  

 

          (d)  By signing the form, the applicant shall acknowledge the duty to:

 

(1)  Comply with RSA 215-A: 26-a and RSA 215-C: 46, and that a failure to comply shall constitute grounds for suspension or revocation of the dealer license;

 

(2)  Notify the department prior to any change in the name or physical address of the licensed business; and

 

(3)  Use issued dealer plates in accordance with RSA 215-A:26, RSA 215-C:46 and Fis 1504.

 

          (e)  Applications shall be submitted to the department:

 

(1)  At least 30 days prior to the date the applicant intends to operate as a dealer for initial applications; or

 

(2)  For renewal applications, on or before May 1 of each year.  

 

          (f)  A dealer may at any time during the registration year request additional dealer plates, up to the maximum number allowed by Fis 1504.04, by placing the request in writing to headquarters, and including the dealer registration fee, transaction fee, agent fee, and search and rescue fee described in (c) above.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1504.02  Processing of Applications for Annual Dealer License.

 

          (a)  Upon receipt of an application for an annual dealer license or dealer plate registration, the department shall examine and verify the information provided, and approve the application unless:

 

(1)  The individual owner or the business entity has been convicted of an OHRV or snowmobile violation for which any unpaid fine remains outstanding, or for which any period of suspension has not expired;

 

(2)  The individual owner or business entity has been found in any proceeding to have misused dealer plates, or is unable to account for the current location of any dealer plates previously issued in accordance with Fis 1504.01; or

 

(3)  The applicant does not operate a physical sales location within the state of New Hampshire.

 

          (b)  An annual dealer license shall be issued only to the person or business entity that makes application for the license.

 

          (c)  The decision of the executive director to either approve or deny the application for an annual dealer license or dealer plate registration shall be given to the applicant in accordance with RSA 541-A:29 by:

 

(1)  Issuing an annual dealer license certificate and dealer certificates of registration, together with the number of dealer plates requested, for a term to expire upon the subsequent April 30; or  

 

(2)  A letter of denial, setting forth the reason under (a) above why the application for initial approval or renewal of an annual dealer license was not approved in whole or in part, and advising the applicant of his or her right to seek a hearing to contest the decision.

 

          (d)  Within 30 days of the issuance of a letter denying an application for initial or renewal of an annual dealer license or dealer plate registration, the applicant may request a hearing to contest the decision in accordance with the procedures set forth in Fis 200.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1504.03  Termination or Transfer of Ownership of Business.

 

          (a)  The holder of an annual dealer license shall return all dealer registration plates to the department within 3 days of the occurrence of any of the following events:

 

(1)  The dealer ceases to conduct business under the name shown on the license;

 

(2)  The dealer transfers ownership of his or her business to another person or entity; or

 

(3)  The dealer is convicted of an OHRV or snowmobile offense in a New Hampshire court which results in a suspension or revocation of an OHRV or snowmobile registration.

 

          (b)  All dealer registration plates issued to a dealer shall be returned to the department in the event the annual license expires, and the dealer does not have a renewal application pending before the department.

 

          (c)  In the event the dealer registration plates are not returned in a timely manner, the matter shall be referred to law enforcement for further action.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1504.04  Dealer Plates.

 

          (a)  The number of dealer plates issued upon the approval of an annual dealer license application shall be:

 

(1)  Determined by the department during the processing of the application; and

 

(2)  Limited to 4 plates per full time person treated as an employee of the dealer’s business who offers OHRV or snowmobile vehicles for sale to the general public, to a maximum of 8 plates per business location.

 

          (b)  A licensed dealer shall account for the physical whereabouts and use of all such dealer plates upon the request of a representative of the department or of a representative of a law enforcement agency authorized to enforce the provisions of RSA 215-A and 215-C. 

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1504.05  Required Disclosure Statement.

 

          (a)  Pursuant to RSA 215-A: 26-a and RSA 215-C: 46, each licensed dealer shall, prior to delivery of a purchased snowmobile or OHRV, provide the purchaser with a department-supplied “OHRV/Snowmobile Rules Disclosure Statement” form, and:

 

(1)  The dealer shall insert the name of the licensed dealership, its business address, and the name of the purchaser; and

 

(2)  The purchaser shall legibly sign and date the document.

 

          (b)  One copy of the statement form shall be retained by the dealer for a period of 3 years, one copy shall be provided to the purchaser, and one copy shall be remitted to department headquarters at 11 Hazen Drive, Concord, NH 03301within 30 days of the transaction.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1504.06  Revocation of Dealer License.

 

          (a)  Any person may complain to the executive director of the department if that person has reason to believe that a licensed dealer has failed to comply with any provision of RSA 215-A, RSA 215-C, or these rules.

 

          (b)  Any action seeking the suspension or revocation of an annual dealer license shall be taken in accordance with RSA 541-A: 30 and Fis 200.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1505 RENTAL AGENTS

 

          Fis 1505.01  Application for Annual Rental Agent Licenses.

 

          (a)  An applicant for an annual rental agent license may apply in person or by mail at department headquarters.

 

          (b)  The applicant for an annual rental agent license shall complete and submit the form entitled “OHRV/Snowmobile Rental Agent Application”, Rev. 03/2020. 

 

          (c)  An applicant shall pay, together with the application:

 

(1)  The annual rental agent license fee imposed by RSA 215-A: 26, IV or RSA 215-C: 45, IV;

 

(2)  Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a;

 

(3)  The agent’s fee specified in RSA 214-A: 4;

 

(4)  The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

 

(5)  The rental registration fee imposed by RSA 215-A: 23, IV-a or RSA 215-C:39, V for each decal requested.

 

          (d)  By signing the form, the applicant acknowledges the duty to:

 

(1)  Comply with RSA 215-A: 26-a and RSA 215-C: 46, and that a failure to comply shall constitute grounds for suspension or revocation of the rental agent license; 

 

(2)  Notify the department prior to any change in the name or physical address of the licensed business; and

 

(3)  Use issued rental decals in accordance with RSA 215-A:26, RSA 215-C:46 and Fis 1505.

 

          (e)  Applications shall be submitted to the department:

 

(1)  At least 30 days prior to the date the applicant intends to operate as a rental agent for initial applications; or

 

(2)  At least 5 business days prior to approval for renewal applications.

 

          (f)  A rental agent may at any time during the registration year request additional registrations and decals by placing the request in writing to headquarters and including the rental registration fees described in (c) above.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1505.02  Processing of Applications for Annual Rental Agent License.

 

          (a)  Upon receipt of the application for an annual rental agent license, the department shall examine and verify the information provided, and approve the application unless:

 

(1)  The individual owner or the business entity has been convicted of an OHRV or snowmobile violation for which any unpaid fine remains outstanding, or for which any period of suspension has not expired;

 

(2)  The individual owner or business entity has been found in any proceeding to have misused rental agent registration decals; or

 

(3)  The individual owner or the business entity as applicant is solely engaged in the purchase, sale, exchange or service of OHRVs or snowmobiles by the general public, in which case the applicant shall not be licensed as a rental agent, but shall be evaluated for licensure as a dealer.   

 

          (b)  An annual rental agent license shall be issued only to the person or business entity that makes application for the license.

 

          (c)  The decision of the executive director to either approve or deny the application for an annual rental agent license shall be given to the applicant in accordance with RSA 541-A:29 by:

 

(1)  Issuing an annual rental agent license certificate, together with the number of rental registration decals requested, for a term to expire upon the subsequent April 30; or

 

(2) Issuing a letter of denial, setting forth the reason under (a) above why the application for initial approval or renewal of an annual rental agent license was not approved, and advising the applicant of his or her right to seek a hearing to contest the decision.

 

          (d)  Within 30 days of the issuance of a letter denying an application for initial or renewal of an annual rental agent license, the applicant may request a hearing to contest the decision in accordance with the procedures set forth in Fis 200.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1505.03  Termination or Transfer of Ownership of Business.

 

          (a) The holder of an annual rental agent license shall return all rental registration decals and registration certificates to the department within 3 days of the occurrence of any of the following events:

 

(1)  The rental agent ceases to conduct business under the name shown on the license;

 

(2)  The rental agent transfers ownership of his or her business to another person or entity; or

 

(3) The rental agent is notified by the department of the suspension or revocation of the annual rental agent license.

 

          (b)  In the event the rental registration decals are not returned in a timely manner, the matter shall be referred to law enforcement for further action.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1505.04  Rental Decals.

 

          (a)  A licensed rental agent shall account for the physical whereabouts and use of all such rental decals upon the request of a representative of the department or of a representative of a law enforcement agency authorized to enforce the provisions of RSA 215-A and 215-C.

 

          (b)  A rental agent who transfers ownership of an OHRV or snowmobile owned by the rental agent shall not be entitled to transfer the registration to a replacement OHRV or snowmobile, but shall obtain a new rental registration in accordance with these rules.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1505.05  Required Disclosure Statement.

 

          (a)  Pursuant to RSA 215-A: 26-a and RSA 215-C: 46, each licensed rental agent shall, prior to delivery of a rented snowmobile or OHRV, provide the renter with a department-supplied “OHRV/Snowmobile Rules Disclosure Statement” form, and:

 

(1)  The rental agent shall insert the name of the licensed rental business, its business address, and the name of the renter; and

 

(2)  The renter shall legibly sign and date the document.

 

          (b)  One copy of the statement form shall be retained by the rental agent for a period of 3 years, one copy shall be provided to the renter, and one copy shall be remitted to department headquarters at 11 Hazen Drive, Concord, NH 03301within 30 days of the transaction.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1505.06  Revocation of Rental Agent License.

 

          (a)  Any person may complain to the executive director of the department if that person has reason to believe that a licensed rental agent has failed to comply with any provision of RSA 215-A, RSA 215-C, or these rules.

 

          (b)  Any action seeking the suspension or revocation of an annual rental agent license shall be taken in accordance with RSA 541-A: 30 and Fis 200.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1506  OHRV AND SNOWMOBILE EVENT PERMITS

 

          Fis 1506.01  Event Permit.

 

          (a)  Each applicant for an OHRV and snowmobile event permit under RSA 215-A: 30 or RSA 215-C: 50 shall complete and submit an “OHRV/Snowmobile Event Permit” form at least 45 days prior to the scheduled first day of the event.

 

          (b)  The applicant for an event permit shall provide in writing the following:

 

(1)  Name and address of applicant and/or organized club;

 

(2)  Address of the event location;

 

(3)  A list of all event dates;

 

(4)  A detailed sketch/diagram of event course;

 

(5)  Names of landowners and assurance that landowner permission has been obtained pursuant to RSA 215-A: 29, XI and RSA 215-C: 49, XII;

 

(6)  A list of all towns in which the event is to be conducted and assurance that officials from the respective towns have been notified;

 

(7)  A detailed statement outlining the nature of the event to include but not be limited to type of race, rally, contest, antique meet, or charitable fundraiser indicating intended recipient(s), defined boundaries of event, prescribed course or designated trail, as applicable; and

 

(8)  The applicant’s signature signed subject to the penalties for unsworn false statements under RSA 641:3.

 

          (c)  Event permit applications for events shall not be approved by the executive director if any of the following conditions exist:

 

(1)  The application is incomplete or does not conform to the definition set forth in Fis 1501.01(d) or any other provision of Fis 1500;

 

(2)  Rest room facilities are not provided for participants and spectators;

 

(3)  Previous events held by the applicant have proved unsafe to participants or spectators, and applicant has not taken steps to rectify such unsafe conditions;

 

(4)  Checks previously submitted for racing or event permits have not been honored; and

 

(5)  The application has been submitted less than 45 days prior to the scheduled first day of the event as required in Fis 1505.01(a).

 

          (d)  A permittee may file a modified list of events on a new application form within the same registration year and shall not be required to submit an additional fee.

 

          (e)  All event permits shall expire at midnight of the date of the last event shown on the issued permit following the date of issuance.

 

          (f)  The event organizer shall take necessary precautions pursuant to RSA 215-A or RSA 215-C at highway crossings to ensure the safety of event participants and motor vehicle operators at each crossing.

 

          (g)  A copy of the event permit shall be available for inspection upon request of a law enforcement officer for the entire duration of the event.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1507  CERTIFICATE OF REGISTRATION, DECAL AND PLATE PLACEMENT

 

          Fis 1507.01  Snowmobile Decal Placement.

 

          (a)  Pursuant to RSA 215-C: 36, V and IX, no person shall operate a snowmobile unless the registration decals are attached, by the registrant, to the vehicle as follows:

 

(1)  Decals shall be placed on each side of the snowmobile cowling or on the outside of the windshield;

 

(2)  Decals shall be placed so that both are clearly visible and not obstructed; and

 

(3)  The lower edge of each decal shall be parallel with the ground.

 

          (b)  No person shall place an altered registration decal on a vehicle.

 

          (c)  No person shall affix or permit to be affixed to a snowmobile a registration decal or plate that has been assigned by the department, or the registration authority of another jurisdiction, to another snowmobile.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

 

          Fis 1507.02  OHRV Decal Placement.

 

          (a)  Pursuant to RSA 215-A: 21, V and VI, no person shall operate an OHRV unless the registration decals are attached, by the registrant, to the vehicle as follows:

 

(1)  The registrant shall place one decal on the front fender and one decal on the rear fender, or at locations provided by the manufacturer;

 

(2)  The registrant shall place decals so that they are clearly visible and not obstructed; and

 

(3)  No decal shall be placed on a part of the vehicle that can be readily removed and used upon a different machine, including but not limited to a removable tailgate.

 

          (b)  No person shall alter a registration decal on a vehicle.

 

          (c)  No person shall affix or permit to be affixed to an OHRV a registration decal or plate that has been assigned by the department, or the registration authority of another jurisdiction, to another OHRV.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

 

          Fis 1507.03  Trails Maintenance Vehicle Decal Placement.

 

          (a)  Pursuant to RSA 215-A: 21, V-a (a) or RSA 215-C: 36, VIII (a), no person shall operate a trails maintenance vehicle unless the registration decal is attached, by the registrant, to the vehicle as follows:

 

(1)  If the vehicle is a snowmobile trails maintenance vehicle the decals shall be placed:

 

a.  In one of the following locations:

 

1.  On each side of the vehicle;

 

2.  On the outside of the windshield; or

 

3.  At a location provided by the manufacturer;

 

b.  So that both are clearly visible and not obstructed; and

 

c.  So the lower edge of each decal shall be parallel with the ground; and

 

(2)  If the vehicle is an OHRV trails maintenance vehicle:

 

a.  One decal shall be placed on the front fender and one decal on the rear fender or at a location provided by the manufacturer; and

 

b.  Decals shall be placed so they are clearly visible and not obstructed.

 

          (b)  No person shall place an altered registration decal on a vehicle.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1507.04  Certificate of Registration.  Pursuant to RSA 215-A: 21, VII, and RSA 215-C: 36, X the certificate of registration of the machine shall be carried while the machine is in operation.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1507.05  Dealer and Rental Vehicles.

 

          (a)  Any person operating an OHRV or snowmobile under the registration of a licensed dealer shall physically carry a dealer plate on the unit while the vehicle is in operation. 

 

          (b)  Any person operating an OHRV or snowmobile under the registration of a rental agent shall display registration decals on the unit in accordance with Fis 1507.01 or Fis 1507.02 while the vehicle is in operation.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1508  OHRV OR SNOWMOBILE SAFETY EDUCATION PROGRAM

 

          Fis 1508.01  Course Description and Requirements.

 

          (a)  The OHRV and snowmobile safety education course shall be available in these formats:

 

(1) Online course materials, which shall be available at the department’s website at https://wildlife.state.nh.us/ohrv/education.html; or

 

(2) In person course, offered live by a department-certified volunteer instructor or paid department staff, with printed course materials.

 

          (b)  Each course shall consist of the following study materials, whether provided to the student in printed or electronic format:

 

(1)  Current safety instruction manual; and

 

(2)  Current New Hampshire specific OHRV and snowmobile law digest publication, as modified annually to incorporate legislative and rule changes made in the preceding year.

 

          (c)  Each course shall consist of no less than 5.5 hours of online study or classroom time, not to include the time required to complete the written or electronic examination.

 

          (d)  In order to receive a certificate of completion as required by RSA 215-A: 29, I (b)(1) or 215-C:49, I (b)(1), a student shall:

 

(1)  Attend at least 5.5 hours of a scheduled live training class or complete all timed sections of the online course; and

 

(2)  Either:

 

a.  Pass a written examination on material contained in the current safety instruction manual and current OHRV and snowmobile law digest in the presence of the live volunteer instructor or paid department staff with a minimum score of 70%; or

 

b.  Pass an online electronic examination based upon the electronic study materials with a minimum score of 80%.

 

          (e)  The online course may be taken over any period of time that the user may desire, and the online electronic examination may be taken as often as necessary to achieve the required passing grade.

 

          (f)  The live training course shall be offered in its entirety in a single day, provided that:

 

(1) At least one certified OHRV or snowmobile instructor shall be present during the entire course;

 

(2)  The examination shall be offered at the end of the training session; and

 

(3)  Upon the request of any student, an instructor shall give the exam orally to that person and record the student’s answers.

 

          (g)  A person who fails to pass the required examination in a live session may:

 

(1)  Attend a different live session and take the examination again at the end of that session; or

 

(2)  Elect to take the required course online, and take the online examination as often as necessary to achieve the required passing grade.

 

          (h)  No practical skills test to examine the riding skills of a student shall be required to obtain a certificate of completion of the safety education course.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.02  Student Registration.

 

          (a)  To take the online course:

 

(1) Any person may register to take the online course at the department’s website at https://wildlife.state.nh.us/ohrv/education.html;

 

(2)  There shall be no charge to review the study materials for the online course; and

 

(3)  A charge shall be made by and for the benefit of the online course provider at the time of examination and provision of a temporary certificate of completion. None of these funds shall be remitted to the fish and game department.

 

          (b)  A student shall be at least 11 years of age in order to attend a live training course and receive the certificate of completion, provided that such certification shall not be valid until that student reaches his or her 12th birthday.

 

          (c)  Instructors may allow a person of any age to attend a live safety education courses if classroom size and facilities permit, provided that persons 11 years of age and older and persons who do not possess a motor vehicle driver license from any state shall be given priority to attend if class size restrictions exist.

 

          (d)  A person seeking to attend a live training course shall provide the following to the volunteer course instructor or paid department staff, who shall enter the information on a student registration card:

 

(1)  Name, address, date of birth, and sex of student;

 

(2)  Training location desired;

 

(3)  Date of session requested;

 

(4)  Type of training requested; and

 

(5) Signature of a parent or guardian of any student less than 18 years of age providing permission to attend the live training course.

 

          (e)  No student shall be charged a fee in order to participate in a live training session of an OHRV or snowmobile safety education program course.

 

          (f)  Upon completion of the live training session of a course, the instructor shall notify the department in writing within 15 days of the completion of the course on the form entitled, “Off Highway Recreational Vehicle Safety Education Program Final Report” of the following:

 

(1)  Date, time and location of the class;

 

(2)  Name and address of the course sponsor(s);

 

(3)  The name of the conservation officer who attended the class;

 

(4)  The name and address of any instructors participating in the class;

 

(5)  The name of each student registered for the class, and whether or not the student successfully completed the required course hours of instruction and passed the required examination; and

 

(6)  For each student who did not successfully complete the course; the instructor shall note the reason for failure on the rear of the student registration card of the student.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.03  Duplicate Certificates.  Students who have successfully completed an OHRV or snowmobile safety course may obtain a duplicate certificate of completion without charge by contacting the law enforcement division of the department.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.04  Instructor Certification.

 

          (a)  Applicants for OHRV or snowmobile volunteer instructor positions shall provide the following to the department in writing by filing with the law enforcement division a “Volunteer Instructor Application” form with the following information:

 

(1)  Name;

 

(2)  Legal and mailing address;

 

(3)  Date of birth and sex;

 

(4)  County of residence;

 

(5)  Home and mobile telephone numbers and email addresses;

 

(6)  Size of shirt normally worn;

 

(7)  Club affiliations; and

 

(8)  A signed and notarized department of safety “Criminal History Record Information Release Authorization Form” DSSP256, effective 7/15/16, to allow the department to perform a criminal background check of the applicant in accordance with (b) below.

 

          (b)  Individuals who meet the following criteria shall be qualified and approved to sit for a written knowledge examination:

 

(1)  The person is at least 21 years of age;

 

(2)  A check of the state bureau of criminal investigation records and the department's arrest records shows no record of:

 

a.  A felony conviction of any type at any time;

 

b.  Conviction of a misdemeanor of any type within the 5 year period preceding the date of application; or

 

c.  Conviction of a fish and game violation under Title XVIII of the New Hampshire Revised Statutes Annotated or the administrative rules of the department within the last year.

 

          (c)  Qualified individuals who pass the written knowledge examination prescribed by the department with a minimum score of 80% shall be certified as instructors for a period to end upon December 31 of the next even numbered year.

 

          (d)  Certified instructors shall receive:

 

(1)  An instructor's manual;

 

(2)  Certification card with expiration date;

 

(3)  A distinctive shirt issued by the department;

 

(4)  An individual subscription to department publications; and

 

(5) Evidence of liability insurance coverage that is provided by the department for certified volunteer instructors for conducting an OHRV or snowmobile safety course.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.05  Instructor Requirements.  Certified OHRV or snowmobile volunteer instructors shall:

 

          (a)  Abide by all current OHRV and snowmobile laws and rules;

 

          (b)  Attend one or more department sponsored training sessions during the certification period, to accumulate at least 4 hours of instructor training;

 

          (c)  Serve as a volunteer instructor in the provision of live sessions for a minimum of 10 hours per calendar year;

 

          (d)  Instruct sessions and offer all examinations in accordance with the instructor manual and the approved curriculum; and

 

          (e)  Return all required reports to the law enforcement division within 15 days of the completion of a course.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.06  Instructor Re-certification.

 

          (a)  Prior to the expiration date of volunteer instructor certification, an instructor shall be notified by the executive director or his designee that such certification will expire.

 

          (b)  A certified instructor seeking recertification shall verify in writing by filing a letter with the law enforcement division that all information already provided previously by the applicant remains accurate, including the person’s address and telephone number, and the absence of any convictions for a felony, misdemeanor, or fish and game law or rule violation since the date of the original application or last recertification.

 

          (c)  Recertification shall be granted upon request unless the volunteer instructor has:

 

(1)  Been convicted of a felony, misdemeanor, or fish and game law or rule violation since the date of the original application or last recertification; or

 

(2)  Failed to abide by the requirements of Fis 1508.05.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1508.07  Instructor Certification Termination.

 

          (a)  OHRV or snowmobile volunteer instructor certification shall be revoked by the executive director for:

 

(1)  Conviction of a felony, misdemeanor, or fish and game law or rule violation;

 

(2)  The consumption of alcoholic beverages within 2 hours before or during OHRV or snowmobile safety training courses;

 

(3)  Physical or verbal abuse of students;

 

(4)  Reckless or careless operation of an OHRV or snowmobile during an OHRV or snowmobile safety training course;

 

(5)  Failure to make payment for any service rendered by the department or its agents; or

 

(6)  Failure to maintain the minimum course requirements and standards.

 

          (b)  Instructors may notify the department in writing at any time if they wish to voluntarily terminate their OHRV or snowmobile instructor certification.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1509  RECIPROCITY

 

          Fis 1509.01  Snowmobile Reciprocity.

 

          (a)  NH/VT commerce zone trails shall be open to snowmobiles displaying both:

 

(1)  Pursuant to Vermont law, a valid Vermont Association of Snow Travelers, Inc. trails maintenance assessment decal, also known as the VAST trails pass; and 

 

(2)  A valid registration decal from any state or province.

 

          (b)  NH/VT commerce zone trails, identified with signs as such, shall consist of all legal snowmobile trails located in the towns of Lancaster, Northumberland, Stratford, Columbia, Colebrook, and Stewartstown from the New Hampshire/Vermont state line east to U.S. Route 3. 

 

          (c)  NH/ME border trails shall be open to snowmobiles registered only in Maine.

 

          (d)  NH/ME border trails shall be identified with signs as such and shall be as follows:

 

(1)  State corridor trail 19 located in the towns of Chatham and Shelburne; and

 

(2)  State corridor trail ITS 82 and 82A coming into the town of Cambridge.

 

          (e)  All trails in NH shall be open to snow traveling maintenance vehicles registered in Maine.

 

          (f)  All snowmobile trails shall be open to vehicles registered to agencies of the state of Maine, provided that the vehicles are used for official purposes.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

          Fis 1509.02  Wheeled Vehicle Reciprocity.

 

          (a)  NH/VT commerce zone trails shall be open to OHRVs displaying both:

 

(1)  Pursuant to Vermont law, a valid Vermont ATV Sportsman's Association (VASA) trail access decal (TAD); and

 

(2)  A valid registration decal from any state or province.

 

          (b)  NH/VT commerce zone trails, identified with signs as such, shall consist of legal wheeled vehicle trails located in the towns of Stratford, Colebrook, and Stewartstown from the New Hampshire/Vermont state line east to U.S. Route 3.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

 

PART Fis 1510  SOUND LEVELS OF SNOWMOBILES

 

          Fis 1510.01  Purpose.  The purpose of this part is to describe sound level limits and test procedures to be used by conservation officers to detect the exhaust sound emissions of stationary snowmobiles for the purpose of enforcing RSA 215-C: 28.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1510.02  Definitions.

 

          (a)  “Muffler” means “muffler” as defined in RSA 259:66.

 

          (b)  “Operate" means “operate” as defined in RSA 215-C:1, VIII.

 

          (c)  “Operator" means “operator” as defined in RSA 215-C:1, IX.

 

          (d)  “Snowmobile” means “snowmobile” as defined in RSA 215-C:1.

 

          (e)  “Sound level" means total noise emission from the entire snowmobile.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1510.03  Sound Level Limits for Stationary Snowmobiles.

 

          (a)  No snowmobile shall be manufactured, sold, offered for sale, or operated in this state which produces a sound level of more than 82 decibels of “A” sound pressure as measured using the Society of Automotive Engineers (SAE) J2567_201511 standard, available as described in Appendix A attached hereto.

 

          (b)  No snowmobile shall be manufactured, sold, offered for sale, or operated in this state unless:

 

(1)  It is equipped with a muffler in good working order; and

 

(2)  In accordance with RSA 215-C:28, I, it meets the minimum safety standards for snowmobile product certification of the Snowmobile Safety and Certification Committee in effect at the time of its manufacture.

 

          (c)  No person shall operate a snowmobile in this state that is equipped with a muffler cut out, by-pass switch, or similar device that serves to prevent exhaust gases from being received by the installed muffler. 

 

          (d)  The operator or owner of any snowmobile shall, when requested by any law enforcement officer, submit his or her vehicle to a sound test conducted pursuant to Fis 1510.04.

 

          (e)  The provisions of paragraph (a), (b), and (c) shall not apply to snowmobiles operated at permitted snowmobile events as defined in Fis 1501.01(d).

 

          (f)  Any OHRV that has been converted to operate on skis, tracks, or cleats, including, but not limited to a snow bike or tracked ATV, shall comply with the provisions of Fis 1511.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

 

          Fis 1510.04  Testing Procedures for Stationary Snowmobiles.

 

          (a)  All snowmobile sound level testing procedures and equipment used to carry out those procedures shall be in accordance with the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles, Standard J2567-201511, available as described in Appendix A.

 

          (b)  Copies of the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles, Standard J2567-201511, shall be available for inspection at the New Hampshire Fish and Game Department, 11 Hazen Drive, Concord, NH 03301, or for purchase at The Society of Automotive Engineers Inc., 400 Commonwealth Drive, Warrendale, PA 1509.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

PART Fis 1511  SOUND LEVELS OF OHRV’s

 

          Fis 1511.01  Purpose.  The purpose of this part is to describe sound level limits and test procedures to be used by conservation officers to detect the exhaust sound emissions of ATV’s UTV’s, trail bikes, or any other OHRV for the purpose of enforcing RSA 215-A:12.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1511.02  Definitions.

 

          (a)  “All-Terrain Vehicle (ATV)” means “all-terrain vehicle” as defined in RSA 215-A:1, I-b.

 

          (b)  “Muffler” means “muffler” as defined in RSA 259:66.

 

          (c)  “Off Highway Recreational Vehicle (OHRV)” means “off highway recreational vehicle” as defined in RSA 215-A:1, VI.

 

          (d)  “Operate" means “operate” as defined in RSA 215-A:1, VII.

 

          (e)  “Operator” means “operator” as defined in RSA 215-A:1, VII.

 

          (f)  “Sound level" means total noise emission from the entire vehicle.

 

          (g)  “Trail bike” means “trail bike” as defined in RSA 215-A:1, XIV.

 

          (h)  “Utility Terrain Vehicle (UTV)” means “utility terrain vehicle” as defined in RSA 215-A:1, XXIV.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1511.03  Sound  Level Limits for Stationary ATVs, UTVs, Trail Bikes, and any other OHRV.

 

          (a)  No ATV, trail bike, UTV, or any other OHRV shall be manufactured, sold, offered for sale, or operated in this state which produces a sound level of more than 96 decibels of A sound pressure when measured in accordance with the Society of Automotive Engineers (SAE) J1287-201704 standard available as described in Appendix A attached hereto.

 

          (b)  No ATV, trail bike, UTV, or any other OHRV shall be manufactured, sold, offered for sale, or operated in this state unless it is equipped with a muffler in good working order and with a functioning spark arrester of a type approved by the U.S. Forest Service.  This paragraph shall not apply to any OHRV that is operated exclusively by means of an electric motor.

 

          (c)  No person shall operate an ATV, trail bike, UTV, or any other OHRV in this state that is equipped with a muffler cut out, by pass switch or similar device that serves to prevent exhaust gases from being received by the installed muffler.

 

          (d)  The operator or owner of any ATV, UTV, trail bike, or any other OHRV shall, when requested by any law enforcement officer, submit his or her vehicle to a sound test conducted pursuant to Fis 1511.04.

 

          (e)  The provisions of paragraphs (a), (b), (c), (d), and (e) shall not apply to ATV’s, UTV’s, trail bikes, or any other OHRV operated at permitted OHRV events as defined in Fis 1501.01(d).

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

          Fis 1511.04  Testing Procedures for Stationary ATV, UTV, and Trail Bike Sound Levels.

 

          (a)  All OHRV sound level testing procedures and equipment used to carry out those procedures shall be in accordance with the Society of Automotive Engineers (SAE) Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard available as described in Appendix A attached hereto.

 

          (b)  Copies of the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard, shall be available for inspection at the New Hampshire Fish and Game Department, 11 Hazen Drive, Concord, NH 03301or for purchase at the Society of Automotive Engineers Inc., 400 Commonwealth Drive, Warrendale, PA 15096.

 

Source.  (See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

 

 

APPENDIX A – INCORPORATION BY REFERENCE

 

Rule

Title

Obtain at:

Fis 1510.03(a)

Fis 1510.04 (a)

Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles Standard J2567-201511

The Society of Automotive Engineers Inc.,

400 Commonwealth Drive

Warrendale, PA 15096

 

Online at sae.org, or

Call a customer service representative, Monday through Friday 8:00 am to 5:00 Eastern time

1-877-606-7323 (U.S. and Canada)

724-776-4970 (Outside the U.S. and Canada)

Mail your order to:

SAE Customer Service

400 Commonwealth Drive

Warrendale, PA 15096-0001

Cost is $76.00

Fis 1511.04(a)

Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard

Society of Automotive Engineers Inc.,

400 Commonwealth Drive
Warrendale, PA 15096

 

Online via sae.org, or

Call a customer service representative, Monday through Friday 8:00 am to 5:00 Eastern time

1-877-606-7323 (U.S. and Canada)

724-776-4970 (Outside the U.S. and Canada)

Mail your order to:

SAE Customer Service

400 Commonwealth Drive

Warrendale, PA 15096-0001

Cost is $76.00

 

 

APPENDIX B

 

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

 

 

 

 

Fis 1501.01-1503.08

RSA 215-A:21, 215-A: 23, VIII, 215-C:36, VIII

 

 

Fis 1501.01(a), Fis 1502.10-1502.12

RSA 215-A:21; RSA 215-A: 23, VIII; RSA215-C:36, VIII

 

 

Fis 1504.01, Fis 1504.02, Fis 1505.01, and Fis 1505.02

RSA 215-A:26; RSA 215-C:45

 

 

Fis 1506.01

RSA 215-A:30, 215-C:50

 

 

Fis 1507.01-1507.04

RSA 215-A:21, 215-C:36

 

 

Fis 1507.01(c) and Fis 1507.02(c)

RSA 215-A:21; RSA 215-C:36

 

 

Fis 1507.05

RSA 215-A:29; RSA 215-C:49

 

 

Fis 1508.01-1508.07

RSA 215-A:23, VIII; 215-C:39, VIII

 

 

Fis 1509.01 and Fis 1509.02

RSA 215-A:27; RSA 215-C:47

 

 

Fis 1510.01-1511.04

RSA 215-A:13, 215-C:29