New Hampshire Revised Statutes 215-A:28 – Financial Responsibility and Conduct After an Accident
Current as of: 2023 | Check for updates
|
Other versions
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 an OHRV being operated upon a public highway.
I-a. The operator of an OHRV 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 OHRV 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.
For details, see N.H. Rev. Stat. 651:2
II. Any accident involving an OHRV, which took place at any location other than a public way, will in no way affect the right to operate a motor vehicle.
III. Any person who is the operator of an OHRV 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.
IV. Any person who is knowingly involved in any accident involving personal injury with an OHRV 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.
V. (a) Following an accident involving death or personal injury, any operator or owner who fails to comply with paragraphs I-a, III, or IV shall be guilty of a class B felony.
(b) Any operator or owner who provides information required by paragraphs I-a, III, or IV, 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 I-a or paragraph III following an accident involving property damage, or who otherwise violates the provisions of this section, shall be guilty of a misdemeanor.
VI. Paragraphs I-a, III, IV, and V shall not apply to any person operating an OHRV solely as part of an organized, commercial event or area including but not limited to an OHRV race track or riding area.
I-a. The operator of an OHRV 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 OHRV 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.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 215-A:28
- Bureau: means the bureau of trails in the department of natural and cultural resources. See New Hampshire Revised Statutes 215-A:1
- Executive director: means the executive director of the fish and game department. See New Hampshire Revised Statutes 215-A:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- OHRV: means off highway recreational vehicle. See New Hampshire Revised Statutes 215-A:1
- Operate: in all its moods and tenses, when it refers to an OHRV, means to use that vehicle in any manner for transportation. See New Hampshire Revised Statutes 215-A:1
- Operator: means a person riding on or in, and who is in actual physical control of, an OHRV or snowmobile. See New Hampshire Revised Statutes 215-A:1
- Owner: means any person, other than a lienholder, having title to an OHRV. See New Hampshire Revised Statutes 215-A:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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 OHRVs shall not be a public way. See New Hampshire Revised Statutes 215-A:1
II. Any accident involving an OHRV, which took place at any location other than a public way, will in no way affect the right to operate a motor vehicle.
III. Any person who is the operator of an OHRV 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.
IV. Any person who is knowingly involved in any accident involving personal injury with an OHRV 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.
V. (a) Following an accident involving death or personal injury, any operator or owner who fails to comply with paragraphs I-a, III, or IV shall be guilty of a class B felony.
(b) Any operator or owner who provides information required by paragraphs I-a, III, or IV, 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 I-a or paragraph III following an accident involving property damage, or who otherwise violates the provisions of this section, shall be guilty of a misdemeanor.
VI. Paragraphs I-a, III, IV, and V shall not apply to any person operating an OHRV solely as part of an organized, commercial event or area including but not limited to an OHRV race track or riding area.