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1508.02 on wheeled vehicle reciprocity, which was repealed.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 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 |
|
|