TITLE XVIII
FISH AND GAME
Chapter 215-C
SNOWMOBILES
Section 215-C:1
215-C:1 Definitions. –
As used in this chapter unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:
I. "Accompanied by," or "accompany" means when a person is within sight and when actual physical direction and control can be effected.
II. "Antique snowmobile" means a snowmobile which is any of the following:
(a) A snowmobile manufactured prior to the year 1995; or
(b) An antique motor vehicle converted to travel over snow, manufactured prior to 1940.
III. "Bureau" means the bureau of trails in the department of natural and cultural resources.
IV. "Cowl" means the forward portion of a snowmobile surrounding the motor.
V. "Dealer" means a person in the snowmobile or OHRV business who sells snowmobiles to the general public, or demonstrates for sale snowmobiles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more snowmobiles at retail to the general public in a consecutive 12-month period is a retail snowmobile dealer. For the purpose of this definition, this shall include retail snowmobile dealers and wholesale snowmobile dealers.
VI. "Executive director" means the executive director of the fish and game department.
VII. "Off highway recreational vehicle" means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter "off highway recreational vehicle" shall be abbreviated as OHRV. "Off highway recreational vehicles" shall not include snowmobiles as defined in this chapter.
VIII. "Operate," in all its moods and tenses, when it refers to a snowmobile, means to use that vehicle in any manner for transportation.
IX. "Operator" means a person riding on or in, and who is in actual physical control of, a snowmobile or OHRV.
X. "Owner" means any person, other than a lienholder, having title to a snowmobile.
XI. "Public water" means any public body of water as defined by RSA 271:20 which has been frozen over and is sufficient to hold any person or vehicle, whatsoever. Such public waters shall be deemed a public way and any violation shall be treated as if it took place on land.
XII. "Public way" means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for snowmobiles shall not be a public way.
XIII. "Rental agent" means a person licensed under RSA 215-C:45 or RSA 215-A:26 accepting money or other valuable consideration for the temporary use of snowmobiles, provided to members of the general public.
XIV. "Resident" means a resident of the state as defined in RSA 21:6, except that no person shall be deemed to be a resident who claims residence in any other state for any purpose.
XV. "Snowmobile" means any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered snowmobiles under this chapter. "Snowmobiles" shall not include OHRVs as defined in RSA 215-A.
XVI. "Snowmobile club" means an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization.
XVII. "Snowmobile or OHRV training program," "Snowmobile or OHRV safety training course," or "Snowmobile or OHRV safety education program" means a course of instruction approved or recognized by the department of fish and game as appropriate for a certain type or types of snowmobiles, that sufficiently covers proper operation, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of snowmobiles. At the discretion of the executive director, training or education programs for snowmobiles and for OHRVs may be combined.
XVIII. "Snowmobile trails maintenance vehicle" means any mechanically-propelled vehicle used to maintain snowmobile trails or cross country ski trails, classified by the chief of the bureau of trails. When such vehicle is registered as a snowmobile trails maintenance vehicle, it shall not be used for recreational purposes. Notwithstanding the definition of a snowmobile under paragraph XV, all snowmobile trails maintenance vehicles shall be classified as snowmobiles for purposes of this chapter.
XIX. "Traveled portion" means all areas of a public highway between the plowed snowbanks.
XX. "Trail connector" means that specific portion of an snowmobile trail or cross country ski trail on which a snowmobile trail maintenance vehicle may operate authorized within a state highway right-of-way by the department of transportation.
XXI. "Youth model snowmobile" means a snowmobile that is equipped with an internal combustion engine with a maximum piston displacement of 125 cubic centimeters.
Source. 2005, 210:1. 2006, 14:3; 99:1. 2010, 88:1, eff. July 24, 2010. 2017, 156:14, I, eff. July 1, 2017. 2019, 241:6, eff. May 1, 2020. 2020, 10:1, eff. July 14, 2020.
Section 215-C:2
215-C:2 Bureau Responsibilities. –
I. The bureau of trails, established in RSA 215-A:2, shall have the responsibility to provide coordination between the department of natural and cultural resources, division of forests and lands, the fish and game department, and the department of transportation, with respect to matters pertaining to snowmobiles and OHRVs.
II. In addition, this bureau shall administer the funds provided the department of natural and cultural resources for the snowmobile and OHRV program; act as liaison between landowners and snowmobile and OHRV users; work with organized clubs in the support of the snowmobile and OHRV sport; supervise the production of publications produced by the department of natural and cultural resources relating to regulations and information on trails; maintain up-to-date information and data relative to new snowmobile and OHRV machinery, equipment, national standards, and safety; and assist where required in any training programs that may be established.
III. The bureau shall be further responsible for coordinating efforts in obtaining easements and rights-of-way, in establishing trails and trail facilities, and any other similarly related tasks that may be required as a responsibility of the department of natural and cultural resources in relation to snowmobiles and OHRVs. The bureau may, with governor and council approval, acquire by purchase, gift, or devise any land for snowmobile and OHRV trails or facilities.
IV. The bureau shall also have the responsibility to make or participate in a continuing study on the effects of snowmobile and OHRV operations on erosion and other damage to the environment. If other state agencies are involved in an overall study of this nature, the bureau shall cooperate with such agencies, and maintain a record of all findings that pertain to snowmobiles.
V. The bureau shall also have the following duties:
(a) Provide the planning, development, and maintenance of the state trail system.
(b) Promote the proper use of trails throughout the state, and protect their integrity for future generations.
(c) Encourage the use of trails for educational purposes through the use of signs, published material, and trail adoption programs.
(d) Coordinate the development of the New Hampshire Heritage Trail designated in RSA 216-A:11.
(e) Administer the New Hampshire conservation corps established in RSA 216-A:7.
(f) Obtain and administer any federal funds appropriated for the purposes of this chapter.
(g) Assist communities with their trail programs.
(h) Support research and information gathering activities on the economic benefits of trails and improved environmental design of trails.
(i) Coordinate the efforts of motorized and non-motorized trail interests in the state.
(j) Maintain a list of recognized snowmobile clubs.
VI. The chief supervisor of the bureau may make recommendations concerning RSA 215-C:3 and such rules as the chief supervisor feels may be necessary for the use and control of snowmobile trails, facilities, and lands under bureau control or lease to the commissioner of the department of natural and cultural resources. The commissioner may adopt such recommendations as rules as provided in RSA 215-C:3. A person who fails to observe rules adopted under RSA 215-C:3 shall be subject to the same penalties provided for in other sections of this chapter.
VII. The supervisor of the bureau shall receive all written requests from persons applying for permission to establish a highway trail crossing or trail connector on any class I, class II, or class III highway for any snowmobile trail or cross country ski trail on which a snowmobile trail maintenance vehicle may operate. The requests shall be submitted by the supervisor to the commissioner of the department of transportation or the commissioner's representative for the department's approval or disapproval. If approval is granted, the commissioner of the department of transportation may post the area with appropriate signs designating the location of the trail crossing or trail connector and providing signs for both sides of the highway at an appropriate distance from the crossing or trail connector to warn the motoring public of the crossing or trail connector.
VIII. The state treasurer shall keep all money appropriated to the department of natural and cultural resources for the bureau from the registration of snowmobiles in a special fund to be known as the snowmobile and OHRV fund. At the close of each fiscal year any unexpended balance shall be carried forward and added to the appropriation for the subsequent year.
VIII-a. Notwithstanding RSA 21-I:17-a, I, the director of the division of parks and recreation may make purchases using field purchase orders for expenditures of up to $2,000 for the state trail system and facilities.
VIII-b. The commissioner of the department of natural and cultural resources may transfer funds between and among the appropriations for the bureau of trails. The commissioner shall submit a report on a quarterly basis to the fiscal committee of the general court, the governor and council, and the chairmen of the house and senate executive departments and administration committees, the chairman of the resources, recreation and development committee, and the chairman of the wildlife, fish and game and agriculture committee of all transfers made under this paragraph. RSA 9:17-a and RSA 9:17-c shall not apply to transfers made under this paragraph.
IX. The bureau may make application to the commissioner of transportation for a permit in writing to allow snowmobiles to operate on or across certain bridges of class I, II, and III highways when such operation is necessary for gaining access to established trails or to events being developed or held in conjunction with established snowmobile club activities. The commissioner of transportation may issue or deny such permits. A permit shall specify the type of snowmobiles to be allowed, the permitted dates and hours of operation, and shall require the bureau to erect and maintain all signs required under the terms of the permit. Any person operating a snowmobile on or across a bridge under this paragraph shall do so at his or her own risk. Said person shall keep to the extreme right side of the bridge and shall yield to all oncoming vehicular traffic.
X. The commissioner of the department of natural and cultural resources and the executive director of the department of fish and game shall each submit an annual report to the chairpersons of the fish and game committee, the resource, recreation and development committee, the transportation committee, the ways and means committee, and any other appropriate committee of the house of representatives, the chairpersons of the environment and wildlife committee, the ways and means committee, and any other appropriate committee of the senate, and the state library which details their agencies' activities relating to snowmobile and OHRV programs during the previous year. Such report shall include, but not be limited to, as applicable to each agency's responsibility, registration revenues, an accounting of all existing snowmobile-related funds, accounts, and subaccounts, disbursements made from each fund, account, or subaccount where applicable, and use of disbursed funds, condition of trails, results of the continuing study on environmental damage by snowmobiles under paragraph IV, and state and contracted or otherwise known local enforcement actions taken. Each report shall be submitted on or before January 15 of each year and shall be made available to the public in a manner deemed appropriate by each reporting agency.
Source. 2005, 210:1. 2010, 374:4, eff. July 26, 2010. 2012, 179:3, eff. June 11, 2012. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:3
215-C:3 Rulemaking. –
The commissioner of the department of cultural and natural resources, as a member of the bureau of trails, shall adopt rules under RSA 541-A relative to:
I. The use and control of snowmobile trails, facilities, and lands under bureau control or lease;
II. Complete and specific procedures relative to the distribution of and requirements for obtaining funds from the grant-in-aid program established under RSA 215-C:39, VII; and
III. Imposition of administrative fines under RSA 215-C:3-a.
Source. 2005, 210:1. 2010, 230:8, eff. June 28, 2010. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:3-a
215-C:3-a Administrative Fines. –
I. The commissioner of the department of natural and cultural resources, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department's administrative rules. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this section for violation of the department's administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner of natural and cultural resources into the funds provided the department of natural and cultural resources for the OHRV and snowmobile program under RSA 215-A:3, II for violations of bureau of trails rules.
Source. 2010, 230:9, eff. June 28, 2010. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:4
215-C:4 Frozen Surface of a Public Body of Water; Back Lake Speed Limit. –
I. The use of any frozen surface of any public body of water by the owner or operator of any snowmobile, shall be done at his or her own risk; and any accident resulting shall not be a legal responsibility of any town, city, or the state. The executive director may, in the interest of public safety, close temporarily to any motorized vehicle all or any part of any frozen surface of a public body of water, for use by the public, except for fishing on foot.
II. No person shall operate any snowmobile in excess of 35 miles per hour during night hours, on the frozen surface of Back Lake in the town of Pittsburg. In this section, "night hours" means the hours between 1/2 hour after sunset and 1/2 hour before sunrise. Any person who violates this paragraph shall be guilty of a violation.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:5
215-C:5 Limitation on Use of Lake or Pond Used by Ice Fishermen. –
No person shall operate a snowmobile upon any lake or pond being used by ice fishermen closer than 150 feet to any occupied so-called bob-house, fishing shanty, or fishing hole, unless done at a speed in conformity with RSA 215-C:8, III. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:6
215-C:6 Vehicles on Sand Dunes Prohibited. –
The provisions of RSA 482-A:3, VIII and IX shall apply, relative to the operation of snowmobiles and mechanized or off highway recreational vehicles.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:7
215-C:7 Operation on Open Water Prohibited. –
No person shall knowingly operate a snowmobile on open water, also known as skimming. In this section, "open water" means any area of an inland water body that is free of ice and snow. This section shall not apply to events as permitted pursuant to RSA 215-C:50.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:8
215-C:8 Operation of Snowmobiles. –
I. It is unlawful to operate any snowmobile during the period from 1/2 hour after sunset to 1/2 hour before sunrise without displaying at least one lighted headlight and one lighted taillight.
I-a. (a) The driver of any snowmobile upon approaching, overtaking, or while following within a distance of approximately 150 feet of another vehicle or snowmobile during the period from 1/2 hour after sunset to 1/2 hour before sunrise shall dim all original equipped lights. The driver of any snowmobile upon approaching, overtaking, or while following another vehicle or snowmobile shall extinguish all aftermarket additional lighting at all times of the day or night.
(b) Additional aftermarket lighting shall be extinguished while operating upon any public way. Winter operation on public water shall be exempt from this provision, however, additional lighting shall be extinguished when meeting or overtaking other vehicles.
(c) No person other than a sworn law enforcement officer with powers of arrest shall operate a snowmobile equipped with blue colored lights. Blue colored lights shall only be used on snowmobiles owned or leased by state, county, municipal, or federal agencies.
(d) No person other than a sworn law enforcement officer with powers of arrest or an emergency response employee or volunteer of a city, town, state, or the federal government or an employee of a private ambulance service contracted with a city or town shall operate a snowmobile equipped with red colored lights.
II. No person shall operate a snowmobile upon any portion of the right of way of any public way including the traveled portion of a maintained public way except as provided in this chapter.
III. (a) No person shall operate a snowmobile at a speed greater than is reasonable and prudent under the existing conditions and without regard for actual and potential hazards. In all cases speed shall be controlled so that the operator will be able to avoid colliding with any person, vehicle, or object.
(b) Where no hazards exist which would require a lower speed to comply with subparagraph (a), the speed of any snowmobile in excess of the limit specified in this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 10 miles per hour within 150 feet of any so-called bob-house, fishing shanty, or occupied fishing hole of another.
(2) 20 miles per hour on class I through VI highways when the snowmobile is being operated within the rights-of-way adjacent to such highways; class IV, V, and VI highways approved for snowmobile operation; and bridges open for snowmobile operation.
(3) 10 miles per hour at trail junctions or parking lots, when passing trail grooming equipment, or on town or city sidewalks.
(4) 20 miles per hour on plowed roads on department of natural and cultural resources property open to snowmobile operation.
(5) 35 miles per hour on all trail connectors.
(6) 45 miles per hour when operating a snowmobile on any approved snowmobile trail.
(c) The prima facie speed limits set forth in subparagraph (b) may be altered for a specific hazard.
(d) The driver of every snowmobile shall, consistent with the requirements of subparagraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding trail, and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trail conditions.
IV. It is unlawful to operate any snowmobile so as to endanger any person or damage any property.
V. When meeting, the operators of snowmobiles or OHRVs shall reasonably turn to the right and reduce speed to avoid collision.
VI. No person shall operate a snowmobile within the limits of any railroad right of way where the rails are still intact unless otherwise posted, except in any emergency pursuant to the provisions of RSA 215-C:9, VI; provided, however, a snowmobile may be driven upon the right of way of any railroad for a crossing of the tracks at their intersection with an authorized trail, road, or highway where a snowmobile is not otherwise prohibited. Any person violating the provisions of this paragraph shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.
VII. No person shall operate a snowmobile upon any airport runway or landing field, or within cemeteries, except in an emergency pursuant to the provisions of RSA 215-C:9, VI. Any person violating the provisions of this paragraph shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.
VIII. No person shall operate a snowmobile on the right of way of any public way classified as a class I highway and designated as an interstate highway, toll road, or limited access highway.
IX. Pursuant to RSA 215-C:31, city or town councils and boards of selectmen may authorize the use of sidewalks and class IV, class V, or class VI highways and bridges, or portions thereof, for use by snowmobiles. The operation of snowmobiles may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e). Operators of snowmobiles using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The bureau, or its designee, shall so post such highways where authorized. Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of a class IV, class V, or class VI highway by snowmobiles by giving notification to the supervisor of the bureau and removing any signs that no longer apply.
X. A person may operate a snowmobile across any public way where the operation of said snowmobile is not otherwise prohibited by law, but said person shall comply with the following provisions:
(a) The crossing shall be made at an angle of approximately 90 degrees to the direction of the public way and at a place where no obstruction prevents a quick and safe crossing;
(b) The operator shall bring the snowmobile to a complete stop before crossing the shoulder or, if none, the public way, before proceeding;
(c) The operator shall yield the right of way to all motor vehicle traffic on such public way which constitutes an immediate hazard to such crossing; and
(d) The operator shall possess a valid motor vehicle driver's license or shall have successfully completed the approved snowmobile or OHRV safety training course.
XI. No person shall operate a snowmobile on the traveled portion of any public way classified as a class I, class II, class III, class III-a, class IV, class V, or class VI highway, where said highway is maintained for winter use by conventional motor vehicles, except as specifically provided in paragraphs IX and X, and in accordance with paragraph XII.
XII. In those instances where a municipality does not maintain a class IV, class V, or class VI highway for winter use by conventional motor vehicles, the city or town council or board of selectmen may authorize the use of such a highway by snowmobiles; or, alternatively, it may authorize dual use of such highway by snowmobiles and by those conventional highway vehicles that are being used solely for access to property abutting such highway. Vehicles of any type being used for law enforcement, firefighting, rescue, and road maintenance shall have unrestricted access to such highways in either case. The bureau or its designee shall post said highways in accordance with the status established by municipal authorities as provided in this paragraph. Following a duly noticed public hearing, except in the case of an emergency closure, such authorities may change the status of a highway by giving notification to the supervisor of the bureau and removing any signs that no longer apply.
XIII. Notwithstanding any other provision of law, a snowmobile may be operated within the right-of-way of a public way across a bridge when operated in accordance with a permit issued by the commissioner of public works and highways pursuant to RSA 215-C:2, IX.
Source. 2005, 210:1, eff. July 1, 2006. 2014, 283:2, eff. July 28, 2014. 2017, 156:14, I, eff. July 1, 2017. 2019, 216:10, eff. Sept. 10, 2019.
Section 215-C:9
215-C:9 Limitations of Snowmobile Operation on Class I, II, and III Highways. –
The provisions of RSA 236:56 shall apply to all snowmobiles as herein defined with the following exceptions:
I. Highway crossings for established snowmobile trails may be granted pursuant to RSA 215-C:2, VII.
II. No direct crossing of interstate highways, divided highways, or toll roads shall be permitted.
III. [Repealed.]
IV. Pursuant to RSA 215-C:2, VII, the commissioner of the department of transportation may issue written permission to the supervisor of the bureau to establish snowmobile trail crossings either under or over interstate, toll, or limited access highways.
V. The policy governing any snowmobile, trail connector, or trail crossing within class I, II, and III highway rights-of-way shall be as determined by the commissioner of the department of transportation.
VI. When travel by conventional motor vehicles is not possible during a period of emergency declared by the appropriate authority having jurisdiction, a snowmobile may be operated on any portion of an interstate highway, toll road, limited access highway, public highway, or any other restricted area; provided, that the operator of the vehicle has received the specific authority of an officer authorized to enforce the provisions of this chapter to so operate.
Source. 2005, 210:1. 2010, 253:3, 4, II, eff. Sept. 4, 2010.
Section 215-C:10
215-C:10 Limitations of Snowmobile Operation on Class I, II, III, and III-a Highways. –
I. A person shall not operate a snowmobile on the traveled portions or the plowed snowbanks adjacent to class I, class II, class III, or class III-a highways.
II. Notwithstanding any provisions of the law to the contrary, a person may operate a snowmobile on a class I, class II, class III, or class III-a highway that is not maintained for winter use by conventional motor vehicles; provided, however, that if a class I, class II, class III, or class III-a highway is not maintained for winter use by conventional motor vehicles and said highway is opened for a snowmobile trail, said highway shall be so posted and conventional motor vehicle traffic prohibited. The commissioner of the department of transportation, upon notification to the supervisor of the bureau, may open at any time a class I, class II, or class III highway which has been closed for conventional motor vehicle use.
III. A person may operate a snowmobile when snow conditions permit, on separate bicycle trails or pedestrian walkways constructed for such purposes by the department of transportation on the interstate highways, toll roads, or limited access highways, if the trails and walkways are designated and maintained as approved snowmobile trails by the bureau and if such designation and maintenance is approved by the commissioner of the department of transportation.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:11 to 215-C:27
215-C:11 to 215-C:27 Repealed by 2006, 260:37, XXXV, eff. Jan. 1, 2007. –
Section 215-C:28
215-C:28 Manufacturing Specification Requirements. –
I. No person shall sell, offer to sell, or operate in this state, a snowmobile manufactured after July 1, 1981, unless 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, including the standards covering seats, controls, brake systems, fuel systems, shields and guards, electrical systems and lighting, reflectors, handgrips, and general hazard requirements. Proof of compliance with the requirements of this section shall be in the form of certification by a qualified independent testing company which is not affiliated with the manufacturer and is approved by the executive director.
II. No person shall sell, offer to sell, or operate in this state a snowmobile which produces total vehicle noise of more than 82 decibels sound pressure on the "A" scale as measured using the Society of Automotive Engineers (SAE) J2567 standard.
III. No person shall operate in this state any snowmobile which is designed, constructed, and sold solely for closed-course competition and is without a headlight and a taillight. The provisions of this paragraph shall not apply to snowmobiles operated at approved snowmobile events as defined in the department's administrative rules, Fis 1501.01(d).
IV. No person shall modify any snowmobile in any manner that shall amplify or otherwise increase total vehicle noise above that emitted by the snowmobile as originally manufactured with the original muffler nor shall any person operate any such snowmobile. The provisions of this paragraph shall not apply to snowmobiles operated at permitted snowmobile events as defined in the department's administrative rules, FIS 1501.01(d).
V. No person shall operate a snowmobile manufactured after February 1, 2007 that does not display on its exhaust system's critical components the letters "SSCC Certified," a visible and unaltered certification marking issued by an independent organization, the Snowmobile Safety and Certification Committee (SSCC), that certifies snowmobiles for uniformity of safety features and noise levels. The letters shall be legible and have a minimum height of 4 millimeters. The marking shall be on the exhaust silencer, visible and legible to an observer by lifting a snowmobile hood and without detaching or dismantling any component parts. The markings shall be embossed and pressed or attached in a similarly durable manner to the outer surface of the exhaust silencer assembly, and shall be resistant to alteration. The markings shall be so affixed that it shall be difficult to remove, replace, or alter without detection.
Source. 2005, 210:1, eff. July 1, 2006. 2019, 216:11, eff. Sept. 10, 2019.
Section 215-C:29
215-C:29 Snowmobiles Must be Submitted to Sound Tests. –
I. The operator or owner of any snowmobile shall, when required by any law enforcement officer, submit his or her vehicle to a sound test conducted according to the applicable provisions of RSA 215-C:28.
II. The executive director may adopt sound level limits and test procedures to regulate sound emissions of snowmobiles not otherwise regulated in this chapter.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:29-a
215-C:29-a Protective Headgear. –
No person under the age of 18 shall operate any snowmobile within this state without wearing eye protection and protective headgear which meets or exceeds the specifications of FMVSS 218.
Source. 2008, 345:3, eff. Jan. 1, 2009.
Section 215-C:30
215-C:30 Snowmobile Required Equipment. –
I. No person shall operate a snowmobile unless it is equipped with:
(a) At least one, but not more than 2 headlights, all in working order, when operating at any time during the period from 1/2 hour after sunset to 1/2 hour before sunrise.
(b) One or more rear taillights, all in working order, when operating at any time during the period from 1/2 hour after sunset to 1/2 hour before sunrise.
(c) Adequate brakes in good working order sufficient to control the vehicle at all times. The brakes must be capable of stopping the vehicle within 40 feet at 20 miles per hour, or locking the track to a standstill.
(d) The current registration decal affixed to the snowmobile as required by this chapter.
(e) Mufflers and an exhaust system which comply with the requirements of RSA 215-C:28.
II. Any sled or trailer towed behind a snowmobile shall be equipped with reflectors and a rigid hitch such as a tow bar.
III. Any police officer or person authorized to make criminal arrests may stop and check any snowmobile in regard to any safety equipment, mufflers, brakes, lights and appropriate inspections pursuant to RSA 215-C:29.
Source. 2005, 210:1. 2006, 90:6, eff. July 1, 2006 at 12:01 a.m.
Section 215-C:31
215-C:31 Regulations of Political Subdivisions. –
I. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.
II. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.
III. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.
IV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:32
215-C:32 Enforcement. –
I. The provisions of this chapter shall be enforced by all duly authorized representatives of the department of fish and game and by every police and law enforcement officer including, but not limited to, members of the state police, sheriffs, deputy sheriffs, policemen, and constables and all persons empowered to make arrests in criminal cases.
II. The commissioner of the department of natural and cultural resources shall appoint a chief supervisor of the bureau of trails, who shall have additional duties as state parks and forest security officer with authority under RSA 594. The commissioner of the department of natural and cultural resources shall, at his or her discretion, also appoint bureau of trail area supervisors and foremen, who shall be peace officers for the purposes of RSA 594.
III. The commissioner of the department of natural and cultural resources may designate employees of the bureau as forest and park patrol officers. The chief supervisors appointed under paragraph II and RSA 215-A:16, II and the forest and park patrol officers shall have the authority of peace officers, as defined under RSA 594:1, to enforce the provisions of this chapter anywhere in the state and all rules of the department of natural and cultural resources on lands owned by, leased to, or under control of the department of natural and cultural resources. Forest and park patrol officers shall also have authority as peace officers under RSA 594:1 to enforce laws dealing with trespass, litter, breaking and entering, larceny, and vandalism on lands owned by, leased to, or otherwise being used by the state in connection with official recreational or snowmobile trails.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:33
215-C:33 Snowmobile Fines. –
I. The court or justice of any court in which a complaint for a violation of any law or any rule adopted pursuant to RSA 541-A, brought by a conservation officer of the New Hampshire fish and game department, is prosecuted shall remit the amount of any fine or forfeiture paid pursuant to such complaint as provided in RSA 206:34.
II. The court or justice of any court in which a complaint for a violation of any law or rule adopted pursuant to RSA 541-A brought by a forest and park patrol officer of the department of natural and cultural resources is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount thereof to the commissioner of the department of natural and cultural resources; provided, however, that, from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10 and the same shall be continually appropriated to the department for the purposes of RSA 215-C:39, VI.
III. The court or justice of any court in which a complaint is prosecuted for a violation of this chapter, or any rule adopted pursuant to RSA 541-A under the authority of this chapter, brought by a local police officer, shall, within 30 days after any fine or forfeiture is paid, remit the amount of the fine or forfeiture to the local police department in whose service the police officer was acting; provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10.
IV. The court or justice of any court in which a complaint is prosecuted for a violation of this chapter, or any rule adopted pursuant to RSA 541-A under the authority of this chapter, brought by a sheriff, shall, within 30 days after any fine or forfeiture is paid, remit the amount of the fine or forfeiture to the county in whose service the sheriff was acting; provided, however that, from each fine collected by a district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017. 2019, 153:3, eff. July 1, 2019.
Section 215-C:34
215-C:34 Penalties and Owner/Operator Responsibilities. –
I. (a) Unless otherwise provided, any person who violates this chapter or any rule relating thereto shall be guilty of a violation. In addition thereto, the operator or owner or both of any snowmobile shall be responsible and held accountable:
(1) To the owner of any lands where trees, shrubs, roads, or other property have been damaged as a result of travel over the owner's premises by such vehicles.
(2) For any damage incurred or for violations of this chapter committed by a person under the age of 18.
(b) The executive director may revoke, after a hearing, the registration of any snowmobile and OHRV registered in the name of any person who violates this chapter or any rule relating thereto.
II. Any person who, while operating or in charge of a snowmobile, shall refuse when requested by a police officer or person authorized to make criminal arrests to give his or her name and address or the name and address of the owner of such snowmobile or who shall give a false name and address, or who shall refuse or neglect to stop when signaled to stop by any police officer or any person authorized to make criminal arrests who is in uniform or who displays his or her badge conspicuously on the outside of his or her outer coat or garment, or who refuses on demand of such officer or person to produce his or her license to operate such vehicle or his or her certificate of registration, or to permit such officer or person to take the license or certificate in hand for the purpose of examination, or who refuses on demand of such officer or person to sign his or her name in the presence of such officer, or who refuses to surrender to the executive director or his or her duly authorized representative any license, registration certificate or number decal upon demand after suspension or revocation of the same, shall be guilty of a misdemeanor.
III. If any person shall mischievously take, drive, ride, or use any snowmobile, without the consent of the owner or person having control thereof, but not with the intent to steal the same, he or she shall be guilty of a misdemeanor.
IV. (a) Notwithstanding any other provisions of law to the contrary, any snowmobile, operated by a minor in violation of any provision of this chapter or of any motor vehicle law, may be seized by a law enforcement officer and retained by such officer for up to a 24-hour period or until released to the owner upon payment of the cost of such seizure and retention.
(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her snowmobile and OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional snowmobile safety training.
V. A police officer may cause the removal and storage of a snowmobile if he or she has reason to believe any of the following:
(a) The snowmobile has been left unattended on any public property for a period of greater than 48 hours.
(b) The owner or legal occupant of private property has complained that a snowmobile has been abandoned on said private property for a period of greater than 48 hours.
(c) The snowmobile is reported stolen, is apparently abandoned, is without proper registration, or is apparently unsafe to be driven.
(d) The owner or custodian of the snowmobile is under arrest or otherwise incapacitated.
(e) The snowmobile has been used in connection with a criminal offense.
(f) The use of the snowmobile has resulted in damage to public or private property.
VI. No custodian or police officer shall be liable for damages to a snowmobile while it is in his or her custody under paragraph V, provided he or she exercises due care.
VII. [Repealed.]
VIII. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed a snowmobile training program, shall complete a snowmobile training program, at that person's own expense, within 6 months of conviction. Any person who fails to successfully complete the snowmobile training program within 6 months may not legally register or reregister any snowmobile or OHRV until such time as the snowmobile training program is successfully completed:
(a) [Repealed.]
(b) [Repealed.]
(c) Disobeying any person authorized to enforce the provisions of this chapter, as provided in RSA 215-C:32, by acting in a manner prohibited by paragraph II or any other provision of law.
(d) RSA 265-A:2, I and RSA 265-A:3, relative to operating a snowmobile while intoxicated or under the influence of drugs.
(e) RSA 265-A:14, relative to refusal of consent.
(f) RSA 215-C:8, IV, relative to endangerment of any person or damage to any property.
(g) RSA 215-C:49, XII, relative to failure to yield right of way.
(h) RSA 215-C:7, relative to snowmobile operation on open water.
IX. In addition to any other penalty or obligation imposed, the owner of any lands which have been damaged in violation of this chapter may bring an action to recover such damages, in the superior court for the county in which the lands are located, against any person who is responsible and accountable under subparagraph I(a). In bringing such action, the owner shall be entitled to:
(a) The cost of clean-up and restoration to the prior condition of the lands;
(b) Multiple damages of up to 3 times actual damages, based upon the level of culpability of the conduct, as determined by the trier of fact; and
(c) Reasonable attorney's fees.
Source. 2005, 210:1. 2006, 90:7-9. 2009, 176:2, 3. 2010, 66:1, II, eff. Jan. 1, 2011. 2013, 148:2, II, eff. July 1, 2013. 2016, 278:5-7, eff. Jan. 1, 2017.
Section 215-C:35
215-C:35 Loaded Firearms Forbidden. –
No person shall carry on a snowmobile, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols or revolvers carried by any person who is not prohibited from possessing a firearm by a New Hampshire statute.
Source. 2005, 210:1, eff. July 1, 2006. 2022, 210:2, eff. June 17, 2022.
Section 215-C:36
215-C:36 Registration. –
I. Registration of a snowmobile or OHRV does not constitute a license to operate the vehicle on private land. Any person operating a snowmobile upon the land of another shall stop and identify himself or herself upon the request of the landowner or a duly authorized representative and, if requested, shall promptly remove the snowmobile from the premises.
II. Except as otherwise provided, no snowmobile shall be operated in this state unless registered as provided in this chapter. No registration shall be required for a snowmobile operated solely on land owned or leased by the owner of the snowmobile. All snowmobile registrations shall expire on May 1 in each year. The executive director shall collect a fee for each registration as provided in RSA 215-C:39.
III. The executive director or designee is authorized to establish a snowmobile and OHRV registry. The executive director shall adopt rules pursuant to RSA 541-A for the establishment and requirements of said registry.
IV. No person under the age of 18 shall register a snowmobile.
IV-a. If a snowmobile is held by a trust, the trust may designate a person who is a beneficiary to register the snowmobile in the person's name pursuant to this chapter.
V. All snowmobiles shall be registered with a number to be placed on both sides of the front cowl in a location designated by the executive director for the purpose of placing identification numbers. The registration number shall be contained on a decal of a type and size designated by the executive director. The number for said vehicle shall be assigned by the executive director or one of his or her agents. In case of a transfer, the number shall expire and become invalid. If a new machine is obtained a new number shall be assigned, unless otherwise authorized by the executive director.
VI. Notwithstanding the provisions of paragraph V, antique snowmobiles may be registered by a one-time purchase of a permanent plate to be affixed permanently to the snowmobile. This registration shall be available at the fish and game headquarters only.
VII. Notwithstanding paragraph V, no registration shall be required for a youth model snowmobile when the operator is under 12 years of age and accompanied by a person 18 years of age or older who holds a valid license to operate a snowmobile.
VIII. (a) All snowmobile trails maintenance vehicles shall be registered with a number to be placed and attached in the manner prescribed in paragraph V.
(b) The registration number shall be contained on a decal of a design, color, and size designated by the executive director. The registration number for said vehicle shall be assigned by the executive director or one of his or her agents. In case of a transfer, the number shall expire and become invalid. If a new machine is obtained a new number shall be assigned, unless otherwise authorized by the executive director.
IX. No person shall operate any snowmobile unless the assigned snowmobile registration numbers, plates, or decals are placed on the snowmobile as required by this chapter.
IX-a. No person shall knowingly affix or permit to be affixed to his or her snowmobile a registration decal or plate, issued by the department or by the registration authority of any other jurisdiction, that is assigned to another snowmobile.
X. The registration certificate shall be subject to inspection on demand by any officer authorized to enforce provisions of this chapter. The registration certificate shall be carried while the snowmobile is in operation. The operator shall, when requested, show proof of personal identification.
XI. No person shall register a snowmobile at the resident fee, as defined in RSA 215-C:39, unless such person is a resident as defined in RSA 215-C:1.
Source. 2005, 210:1, eff. July 1, 2006. 2016, 241:2, eff. June 10, 2016. 2019, 216:12, eff. Sept. 10, 2019; 241:7, eff. May 1, 2020.
Section 215-C:37
215-C:37 Transfer of Registration. –
I. A person who conveys to another the ownership of his or her registered snowmobile may register in his or her name another snowmobile for the remainder of that registration year, at a reduced rate of $17.50, provided that the reverse side of the registration form is completely filled out and submitted to a registration agent upon request for transfer.
II. Only a registration agent may transfer a registration under paragraph I. The agent shall issue a new registration certificate and decals. The originally issued decals shall not be transferred, and shall become invalid for further use. The agent shall return the previous white registration certificate to the snowmobile and OHRV registry attached to the new registration certificate office copy.
III. A new owner of any snowmobile shall purchase a new registration certificate and decals at full price if he or she does not have a current registration for a snowmobile of which he or she has relinquished ownership.
IV. Notwithstanding any other provision of this section, a person or club who conveys to another ownership of a registered snowmobile trails maintenance vehicle may register in his name or her or the club's name another snowmobile trails maintenance vehicle for the remainder of the year at the rate designated in RSA 215-C:39, provided that the reverse side of the registration form is completely filled out and submitted to the department of fish and game upon request for transfer.
Source. 2005, 210:1. 2010, 181:4, eff. July 1, 2010.
Section 215-C:38
215-C:38 Missing or Damaged Decals or Plates. –
The original white registration certificate shall be returned to a snowmobile registration agent completed on the reverse side with the probable date lost; the reason the decals or plates are missing, specifying, for example, lost, destroyed, or stolen; and the signature of the owner. The snowmobile registration agent shall issue new registration decals and certificate in accordance with RSA 215-C:37.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:38-a
215-C:38-a Duplicate Registration. –
A registration certificate which is lost, stolen, mutilated, or destroyed may be replaced by a duplicate registration, upon payment of a fee of $5 and completion of an affidavit setting forth the circumstances of the loss or destruction of the registration. The duplicate registration shall entitle the registrant to engage in all activities permitted on the original registration. All fees collected under this section for duplicate registrations shall be nonlapsing and continually appropriated to the fish and game department for the purposes described in RSA 215-C:39, IX.
Source. 2010, 25:1, eff. July 6, 2010.
Section 215-C:39
215-C:39 Registration Fees. –
The fees to be collected under this chapter are as follows:
I. Individual resident registration-$143 for each snowmobile registration upon presentation of a valid driver's license issued to a New Hampshire resident 18 years of age or older. An individual resident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $113 for each snowmobile.
(a) The first $103.30 for each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $73.30 of each snowmobile registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $21.70 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $18 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
II. Antique snowmobile permanent registration-$143 for each registration upon presentation of a valid driver's license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:
(a) The first $93 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $25 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $25 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
(c) Individuals registering an antique snowmobile, regardless of residency, shall pay a one-time registration fee pursuant to this paragraph.
III. Individual nonresident registration-$153 for each snowmobile registration. An individual nonresident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay $123 for each snowmobile.
(a) The first $107.20 of each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $77.20 of each snowmobile registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $23.50 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $22.30 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
IV. Dealer registration- $75 for each plate.
(a) The first $35 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $20 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $20 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
V. Rental agency registration- $243 for each set of decals.
(a) The first $143 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
VI. Registration after transfer as provided in RSA 215-C:37-$17.50.
(a) The first $10.50 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.
(b) From the balance, $3.50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $3.50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.
VII. (a) Any funds appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose. The corresponding registration fee moneys allocated to the bureau's grant-in-aid program under paragraphs I and III shall be deposited in the account. Moneys in the account may only be used for grant-in-aid projects that benefit the ridership of snowmobiles. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year. All funds shall be used for trail maintenance, construction, and the purchase of grant-in-aid equipment.
(b)(1) Grants-in-aid shall be granted to snowmobile clubs and political subdivisions for the purchase of equipment and the construction and maintenance of public use snowmobile trails and facilities. The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible. Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which snowmobile operation shall be permitted. Use of trails on private land shall extend only to the specific type of snowmobile and OHRV permitted by the landowner.
(2) Structures, including but not limited to bridges and culverts built or installed using grant-in-aid funds, shall remain the property of the grant-in-aid program, through the bureau of trails, for a period of not less than 7 years. In the event a trail on private lands is closed to public snowmobile use, the state, through the bureau of trails, may remove the structure from private lands within 180 days of notification of trail closure.
(c) All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails. Such revenue is hereby continually appropriated to the department of natural and cultural resources for the purposes of this paragraph.
VIII. Funds appropriated to the department of natural and cultural resources for administration of the bureau shall be used for the following purposes:
(a) Publications.
(b) Trail maintenance and acquisition.
(c) Land purchases, easements, rights-of-way, and new construction of trails.
(d) Snowmobile facilities.
(e) Such other purposes as may be budgeted within the limits of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.
IX. Any funds appropriated to the fish and game department shall be used for the following purposes:
(a) Enforcement of the provisions of RSA 215-C and RSA 215-A.
(b) Establishment of snowmobile training programs. At the discretion of the director, snowmobile training programs may be combined with OHRV training programs.
(c) Law enforcement under this chapter, which shall be the responsibility of the executive director.
(d) Snowmobile registration.
(e) Such other purposes as may be budgeted within the limitation of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.
X. Any excess registration fees collected and not expended shall be nonlapsing and shall be retained by the snowmobile and OHRV program for future use. In each year of the biennium, the excess fees collected may be expended by the fish and game department and the department of natural and cultural resources in the same proportion as described in this section with prior approval of the fiscal committee and the governor and council.
XI. Notwithstanding the provisions of paragraph X, there shall be paid to the executive director, in addition to the fees required by this section, an additional fee of $1 for each registration required by this section. The additional fee shall be paid into the fish and game search and rescue fund established under RSA 206:42.
XII. Notwithstanding any other provision of this section, $6.70 for each set of plates for snowmobile trails maintenance vehicles. No other fees shall be collected under this chapter for the registration of such vehicles. Any such funds collected shall be appropriated to the department of fish and game for the costs of administration of snowmobile trails maintenance vehicles.
Source. 2005, 210:1. 2006, 123:1. 2009, 258:2, eff. July 1, 2010. 2017, 156:14, I, eff. July 1, 2017. 2019, 241:8, eff. May 1, 2020; 241:9, eff. May 1, 2023.
Section 215-C:40
215-C:40 Repealed by 2013, 148:2, IV, eff. July 1, 2013. –
Section 215-C:41
215-C:41 Repealed by 2008, 151:7, X, eff. June 6, 2008. –
Section 215-C:42
215-C:42 Repealed by 2008, 151:7, XI, eff. June 6, 2008. –
Section 215-C:43
215-C:43 Repealed by 2008, 151:7, XII, eff. June 6, 2008. –
Section 215-C:44
215-C:44 Vehicles Exempted from Fee. –
All snowmobiles operated in this state by the federal government, the state, or any political subdivision of the state shall be exempt from registration fees; however, such vehicles shall be registered with a permanent plate or set of plates and a certificate, in such a manner as may be required by the executive director.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:45
215-C:45 Snowmobile Dealers and Rental Agents. –
I. Any person who is in the business of selling snowmobiles shall be required to be licensed as a dealer with the executive director. The executive director shall assign a distinguishing number to the dealer and issue appropriate plates. The dealer may use the plates for pleasure purposes, but shall not rent or otherwise permit these plates to be used except for demonstration purposes in connection with the dealer's business. License numbers or plates shall be carried while the snowmobile is operated.
II. Any person shall make application to the executive director to accept money or other valuable consideration for the temporary use of snowmobiles provided to members of the general public. The executive director shall assign a distinguishing number to the applicant and issue appropriate decals which shall not be transferable between snowmobiles owned by the rental agent and those used for rental. When renting snowmobiles, any person shall be required to use rental decals, if said machine is to be used off the renter's land.
III. The executive director or duly authorized agent may revoke a dealer or rental agent license for cause.
IV. Each dealer or rental agent shall be licensed by the fish and game department under this section and shall pay $10 for each license. All license fees collected shall be nonlapsing and continually appropriated to the fish and game department to offset the administrative costs of this section.
V. The executive director shall adopt rules, pursuant to RSA 541-A, relative to the application for, further definitions, licensing requirements, design of, issuance, denial, or revocation of dealer or rental agent plates or decals.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:46
215-C:46 New Owner Notification of Laws. –
The fish and game department shall provide to snowmobile dealers and rental agents a disclosure statement to inform buyers and renters of snowmobiles of the laws and penalties relative to snowmobile operation, including but not limited to, the need for permission to operate on the property of others. The disclosure statement shall be accompanied by a map showing known snowmobile trails that are open to the public. Snowmobile dealers and rental agents shall require each buyer or renter to sign the disclosure document prior to each sale or rental of a snowmobile. One copy shall be retained by the snowmobile dealer or rental agent, one copy shall be retained by the buyer or renter, and one copy shall be remitted to the fish and game department by the dealer or rental agent as a requirement of licensure under RSA 215-C:45. At the discretion of the executive director, the disclosure statements for snowmobiles and OHRVs may be combined.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:47
215-C:47 Reciprocity. –
I. The executive director may allow snowmobiles registered in another state or a Canadian province to operate in this state for up to 3 consecutive days during the winter. A snowmobile which is legally registered to operate in another state or province shall be deemed legally registered in this state for such period of time. The executive director shall coordinate the dates of this open weekend with the bureau of trails. The executive director's determination shall be final.
I-a. The executive director may, upon agreement with the state of Vermont or Maine, or both, adopt a regional snowmobile registration endorsement agreement to allow reciprocal snowmobile riding privileges in participating states. The procedures and fees for such registration endorsement shall be established by agreement of the participating states, and the fees proposed in such agreement shall be approved by the fiscal committee of the general court. The executive director may adopt rules, pursuant to RSA 541-A, relative to procedures for the administration and enforcement of the regional endorsement agreement, the collection and use of funds generated by endorsement agreement fees, and periodic audits of endorsement agreement fees.
II. In order to operate any snowmobile granted reciprocity under paragraph I, such vehicle shall meet all equipment requirements and sound level decibel limitations which are mandated by RSA 215-C for snowmobiles registered in New Hampshire.
Source. 2005, 210:1, eff. July 1, 2006. 2014, 246:1, eff. Sept. 19, 2014. 2019, 241:10, eff. July 1, 2019.
Section 215-C:48
215-C:48 Financial Responsibility and Conduct After an Accident. –
I. All provisions, including the penalties, suspensions and prohibitions of the New Hampshire financial responsibility law, and the provisions of statutes relative to the operation of a motor vehicle, shall apply to a snowmobile being operated upon a public highway.
II. The operator of a snowmobile involved in an accident resulting in death or injury to a person or damage to property in excess of $1,000, or the owner of the snowmobile having knowledge of the accident, should the operator be incapacitated, shall report the accident immediately to the nearest police officer or nearest police station and shall file a report of the accident with the department of fish and game and the department of safety within 5 days on forms prescribed by the department of fish and game.
III. Any accident involving a snowmobile, which took place at any location other than a public way, will in no way affect the right to operate a motor vehicle.
IV. Any person who is the operator of a snowmobile who is knowingly involved in any accident which results in death, personal injury, or damage to property, shall immediately stop such vehicle at the scene of such accident and give to the operator of any other vehicle involved in said accident, and to the person injured, or the owner of the property damaged, his or her name and address, the registration number of the vehicle, and if unable to do so, shall report the said accident to the nearest police officer or nearest police station. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. If this section is not complied with by the said operator, then it will be the duty of the owner of said vehicle to do so, if the vehicle was being used with the owner's permission or consent.
V. Any person who is knowingly involved in any accident involving personal injury with a snowmobile shall report said accident to the nearest police officer or police station. A report of said accident shall be filed forthwith by said police officer or police station with the department of safety, the bureau of trails, and the fish and game department in such form as the executive director may prescribe.
VI. (a) Following an accident involving death or personal injury, any operator or owner who fails to comply with paragraphs II, IV, or V shall be guilty of a class B felony.
(b) Any operator or owner who provides information required by paragraphs II, IV, or V, knowing or having reason to know that the information is false, shall be guilty of a class B felony.
(c) Any operator or owner who fails to comply with the requirements of paragraph II or paragraph IV following an accident involving property damage, or who otherwise violates the provisions of this section, shall be guilty of a misdemeanor.
VII. Paragraphs II, IV, V, and VI shall not apply to a person operating a snowmobile solely as part of an organized, commercial event or area including but not limited to a snowmobile race track or riding area.
Source. 2005, 210:1, eff. July 1, 2006. 2019, 216:13, 14, eff. Sept. 10, 2019.
Section 215-C:49
215-C:49 Snowmobile Operation and License. –
I. No person shall operate a snowmobile on land not owned or leased by such person or such person's parent, grandparent, or guardian unless such person:
(a) If under 14 years of age, is accompanied at all times by a person at least 18 years of age who has met the conditions of subparagraph (b); and
(b) If 12 years of age or older, has either:
(1) Successfully completed the snowmobile or OHRV training program, the recognition of which has not been suspended or otherwise disallowed by law; or
(2) Is licensed to drive a vehicle in accordance with RSA 263, or in accordance with the law of another state or a province of Canada, provided the person would be eligible for a driver's license in this state.
II. (a) Except as further specified in subparagraph (b), it shall be prima facie evidence that any person at least 18 years of age who travels with a person under 14 years of age shall be legally responsible for the snowmobile operation of such person and shall be liable according to law for personal injury or property damage to others which may result from such person's operation.
(b) When more than one person at least 18 years of age is traveling with a person under 14 years of age, and if any of the following persons over 18 years of age are present, then only such persons shall be legally responsible and liable under this paragraph:
(1) Parents or guardians, or
(2) Any person who has otherwise been given or assumed the responsibility for supervising the person under 14 years of age at the time of snowmobile operation.
(c) Any person legally responsible and liable under this paragraph shall accompany the person under 14 years of age at all times of snowmobile operation.
(d) Except as provided in RSA 215-C:50, IV, an organizer of an event or contest shall be responsible for ensuring that each participant under 14 years of age is accompanied at all times.
III. A person 12 years of age or older operating a snowmobile shall carry evidence of compliance with subparagraph I(b) or RSA 215-A:29, I(b) in the form of a valid driver's license or evidence of successfully completing a snowmobile or OHRV training program. The person shall present such evidence to any law enforcement officer who is empowered to enforce this chapter, upon demand of such law enforcement officer.
IV. The provisions of paragraphs I and III shall not apply to any person participating in a snowmobile training program. The provisions of paragraph II shall not apply to any person teaching a snowmobile training program.
V. The owner of a snowmobile shall not permit the snowmobile to be operated contrary to this section.
VI. The executive director of the fish and game department may suspend a person's snowmobile or OHRV training program certificate or the department's recognition of a person's completion of a snowmobile training program if not administered or sponsored by the department, in accordance with rules adopted under RSA 541-A, for violating any provision or rule of this chapter. The terms of such suspension shall be determined by the executive director.
VII. Snowmobile or OHRV training programs shall be established within the snowmobile budget of the New Hampshire fish and game department as referred to in RSA 215-C:39, IX. The department shall issue a certificate to any person successfully completing a snowmobile training program administered or sponsored by the department. At the discretion of the executive director, training programs for snowmobiles and for OHRVs may be combined.
VIII. If a parent or guardian knowingly or negligently permits any person under the age of 18 to operate a snowmobile, in accordance with RSA 626:8, II(b), said parent or guardian shall be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.
IX. If an owner of a snowmobile permits any person under the age of 18 to operate the owner's snowmobile, in accordance with RSA 626:8, II(b), said owner may be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.
X. A person registered as owner of a snowmobile may be fined not less than $50 or more than $500 if a snowmobile bearing his or her registration number is operated contrary to the provisions of this chapter. The registered owner may not be so fined if:
(a) The snowmobile was reported as stolen to a law enforcement agency at the time of the alleged unlawful act;
(b) The registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act; or
(c) The registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the snowmobile at the time of such violation.
XI. The provisions of paragraph X do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time, and expected time of return thereof and furnishes such information to law enforcement officers upon request. Such record shall be preserved for at least 6 months and shall be prima facie evidence that the person named therein was the operator of the snowmobile at the time it was operated contrary to the provisions of this chapter.
XII. Any person operating a snowmobile shall yield the right of way to any person on horseback, foot, skis, snowshoes or other mode of travel on foot; provided, however, that such persons traveling do not unreasonably obstruct or delay snowmobiles on the trail.
XII-a. A person operating a snowmobile approaching a trail intersection marked with a stop sign shall stop before entering the intersection or at a point nearest the intersecting trail where the operator has a view of approaching vehicles on the intersecting trail before entering the intersection.
XIII. No person shall operate a snowmobile on the property of another unless such operator has obtained written permission from the landowner except as follows:
(a) Verbal permission given to a snowmobile club or to the chief of the bureau of trails shall be adequate for operating a snowmobile on trails established by organized snowmobile clubs or on trails designated as snowmobile trails by the chief of the bureau of trails. A list and description of such designated snowmobile trails shall be maintained by the chief of the bureau of trails, and such list shall be available to the public upon request. Individuals operating snowmobiles on such trails shall not be required to obtain specific landowner permission.
(b) Individuals operating snowmobiles on trails designated under subparagraph (a) shall operate solely on trails as permitted by the landowner. Any individual who operates a snowmobile off the trail shall obtain written landowner permission.
XIV. Verbal or written permission given by a landowner to a snowmobile club, the chief of the bureau of trails, or an individual to permit snowmobile operation on trails on his or her property shall in no way be construed as granting a lien or an irrevocable right to operate snowmobiles on said property.
XV. If a landowner has not given verbal or written permission to a snowmobile club, the chief of the bureau of trails, or an individual, to permit snowmobile operation on trails on the landowner's property, a snowmobile user shall not acquire prescriptive rights to the landowner's property by such adverse use, nor shall such adverse use mature into a prescriptive right.
XVI. No snowmobile shall be operated above a height of 4,000 feet above sea level except upon existing roads and trails as designated by the bureau.
XVII. No person shall operate a snowmobile in any manner so as to harass animals pursuant to the provisions of the definition of "take or taking" in RSA 207:1.
XVIII. The provisions of this section do not prohibit or limit the prosecution of a snowmobile operator for violating any of the paragraphs referred to in this section.
XIX. No person under the age of 18 shall operate any snowmobile within this state without wearing eye protection and protective headgear which meets or exceeds the specifications of FMVSS 218.
XX. No person shall operate any snowmobile within this state carrying passengers under the age of 18 unless each such passenger is wearing eye protection and protective headgear which meets or exceeds the specifications of FMVSS 218.
XXI. (a) No person shall operate a snowmobile if such person's driver's license has been suspended or revoked by the director of motor vehicles or by the authority of another state or any province of Canada.
(b) Any person who violates this section by operating a snowmobile in this state during the period of suspension or revocation of such person's license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.
Source. 2005, 210:1. 2006, 90:10. 2008, 345:4. 2009, 176:4, eff. Sept. 11, 2009. 2012, 77:2, eff. Jan. 1, 2013.
Section 215-C:50
215-C:50 Events. –
I. Any person, organization, or corporation who wishes to operate or to promote any snowmobile or OHRV event or contest involving the use of unregistered snowmobiles and OHRVs shall procure a permit from the executive director. The application for the permit shall be on an annual basis, shall include a listing of scheduled events, and shall be accompanied by an annual fee of $50. Participants in an event or contest shall not be required to register in New Hampshire, but shall operate under the provisions of the permit. Any such participant who is not registered in New Hampshire shall not operate away from the race course or contest area specified in the permit. Distribution of any fees collected under this section shall be as follows:
(a) The first $35 shall be appropriated to the department of natural and cultural resources for the administration of the bureau, and shall be used by the bureau for its grant-in-aid program pursuant to RSA 215-C:39, VII.
(b) From the balance, $7.50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in RSA 215-C:39, VIII or RSA 215-A:23, VII, and $7.50 shall be appropriated to the department of fish and game for the purposes specified in RSA 215-C:39, IX or RSA 215-A:23, VIII.
II. Unregistered snowmobiles may be operated as part of an organized, commercial snowmobile event or contest that takes place on property owned by the organizer of such event or contest, without a permit being obtained under paragraph I.
III. The snowmobiles training and driver's license requirements of RSA 215-C:49, I(b) and III or RSA 215-A:29, I(b) and III shall not apply to any person participating in an organized event or contest permitted under this section or in an event not requiring a permit as provided for in paragraph II.
IV. The provisions of RSA 215-C:49, I(a) and II shall not apply relative to any person under 14 years of age participating in an organized event or contest, where the organizer of the event or contest has obtained landowner permission and procured a permit from the executive director for such type of activity in the same manner and under the same terms as provided in paragraph I. The organizer of the permitted event or contest shall be responsible for maintaining conditions that have the effect of ensuring actual physical direction and control over participants under 14 years of age.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:51
215-C:51 State Parks and Forests. –
All trails under the jurisdiction of the department of natural and cultural resources so far as possible and consistent with their primary functions, shall be made available for use by snowmobile subject to the fees, and rules as established by the directors of the division of parks and recreation and the division of forests and lands, with the approval of the commissioner of natural and cultural resources.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:52
215-C:52 General Administration. –
I. Except as provided in RSA 215-C:9 and RSA 215-C:10, the executive director is authorized to adopt and amend, pursuant to RSA 541-A, such rules and administrative procedures which are consistent with the provisions of this chapter relative to snowmobiles that he or she deems necessary or advisable to carry out the intent and purposes of said provisions with regard to:
(a) Equipment requirements;
(b) Registrations;
(c) Classification;
(d) The safety of operators, passengers, and other persons; and
(e) The protection of property.
II. The provisions of this chapter relative to snowmobiles, any rules adopted by the executive director, and any other information he or she deems feasible shall be printed by the executive director in booklet form and made available to the public.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:53
215-C:53 Snowmobile Statistics; Safety. –
I. The executive director shall report annually to the registrar of vital records pursuant to RSA 5-C:2 on any deaths or injuries occurring in the state related to the operation of snowmobiles and OHRVs.
II. The executive director shall approve snowmobile or OHRV safety training courses after consultation with the commissioner of the department of health and human services.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:54
215-C:54 Removal or Defacing Signs or Markers. –
If any person shall willfully or maliciously deface, destroy, remove, obstruct, alter or otherwise tamper with any trail sign, marker, posting, or other fixed monument along any trail or on anyone's property, upon conviction he or she shall be guilty of a misdemeanor. Further, said person shall be liable for full restitution for any damage incurred for which he or she is charged. The provisions of this section do not apply to persons who are authorized to relocate, remove or alter signs, markers, or postings.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:55
215-C:55 Posted Land. –
I. An owner may post all or any portion of his or her land against use by a snowmobile. Such notices may read "SNOWMOBILES PROHIBITED" or may have in lieu of these words an appropriate sign with the designated symbol of sufficient size to be readable at a distance of 50 feet indicating that use of this land is prohibited for the purpose so specified. Whoever without right enters such land that has been so posted shall be guilty of a violation. Provided, however, that failure of an owner to post his or her land as provided in this section shall not be construed as granting any license to users of snowmobiles to enter said premises, nor shall said failure be construed as implying any duty of care to the user of a snowmobile by the owner.
II. It is recognized that snowmobile operation may be hazardous. Therefore, each person who drives or rides a snowmobile accepts, as a matter of law, the dangers inherent in the sport, and shall not maintain an action against an owner, occupant, or lessee of land for any injuries which result from such inherent risks, dangers, or hazards. The categories of such risks, hazards, or dangers which the snowmobile user assumes as a matter of law include, but are not limited to, the following: variations in terrain, trails, paths or roads, surface or subsurface snow or ice conditions, bare spots, rocks, trees, stumps, and other forms of forest growth or debris, structures on the land, equipment not in use, pole lines, fences, and collisions with other operators or persons.
Source. 2005, 210:1, eff. July 1, 2006.
Section 215-C:56
215-C:56 Operating Budget. –
The commissioner of the department of natural and cultural resources shall ensure that all sources of funding of the bureau of trails are reflected in the operating budget documents submitted by the department.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:57
215-C:57 Rockingham Recreational Trail. –
I. No person shall operate a snowmobile on any portion of the Rockingham recreational trail west of Route 28 when it is not snow-covered.
II. No person shall use the parking lot at the Windham depot along the Rockingham recreational trail during the period from 1/2 hour after sunset to 1/2 hour before sunrise.
III. The department of natural and cultural resources shall provide sanitary facilities at the parking area in Windham along the Rockingham recreational trail when the trail is snow-covered.
Source. 2005, 210:1, eff. July 1, 2006. 2017, 156:14, I, eff. July 1, 2017.
Section 215-C:58
215-C:58 Repealed by 2019, 241:12, III, effective Nov. 1, 2022. –
Section 215-C:59
215-C:59 Online Payment of Fees. –
The executive director shall, no later than September 1, 2025, establish any procedures that may be necessary to enable the online payment of both initial and renewal registration fees required or imposed under this chapter.
Source. 2022, 206:2, eff. Aug. 16, 2022. 2023, 79:502, eff. July 1, 2023.