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Dirtbike/ATV on a "public" road

Started by leetninja, June 20, 2010, 08:58 PM NHFT

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leetninja

So I know the general consensus is that they aren't allowed but I want to know why ...

If I am on the way to a trail within 100 yards why do I have to load up and drive unload and then ride??

I can't seem to find any actual "laws" associated with operating an ATV or dirt bike on the road ... just everyone saying that you "cant"

Anyone have any insight?

KBCraig

There are trails where you can operate on public streets. The Berlin OHRV trails (ATVs and snowmobiles) have a lane on public streets that connect two different trail systems. Snow machines operate on Lancaster's Main Street, too.

I don't know what they had to do to make that legal, other than a local ordinance.

leetninja

there doesnt seem to be an actual law though prohibiting the use of an ATV or OHRV on a road that i can find. 

This:
http://www.atvsafety.gov/state/newhampshire.html
leads me to: http://www.atvsafety.gov/state/%5Clegislation/NewHampshireLaw.pdf (broken link because our state just has it SO effing together!)
so i fixed the link and got to the real link here: http://www.atvsafety.gov/legislation/NewHampshirelaw.pdf

It is a long PDF but nothing seems to say you cant operate them on roads. 

obviously I would stay on the right side of the road obey the general traffic codes etc i just want to get to my trail without having to drive quite literally around a corner from my house to the 110 miles of trails that are at my house.

Ogre

Why? Because the government says so. That's all you need to know.

If you want the government's reason, it will be something like, "For the Children" and "Because its not safe."

And if you want laws related to it, I bet the laws that describe vehicle safety and what is required of vehicles on the road could be applied because ATVs and dirtbikes won't meet the same requirements as motor vehicles (brake lights, fenders, etc.)

KBCraig

Quote from: leetninja on June 21, 2010, 06:36 AM NHFT
there doesnt seem to be an actual law though prohibiting the use of an ATV or OHRV on a road that i can find. 

This:
http://www.atvsafety.gov/legislation/NewHampshirelaw.pdf

It is a long PDF but nothing seems to say you cant operate them on roads.

From your link:

RSA 215-A:6 II. No person shall operate an OHRV 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.

Then:
(2) 10 miles per hour on class I through VI highways when the OHRV is being operated within the rights-of-way adjacent to such highways; town or city sidewalks; class IV, V, and VI highways approved for OHRV operation; and bridges open for OHRV operation.

VIII. No person shall operate an OHRV 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-A:15, city or town councils and boards ofselectmen may authorize the use of sidewalks and class IV, class V or class VI highways and bridges, or portions thereof, for use by OHRVs. The operation of OHRVs 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 OHRVs 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 OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply.
X. A person may operate an OHRV across any public way where the operation of said OHRV is no t 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; and (b) The operator shall bring the OHRV to a complete stop before crossing the shoulder or, if none, the public way, before proceeding; and (c) The operator shall yield the right of way to all motor vehicle traffic on such public way which constitutes an immediate ha zard to such crossing; and


So... it looks to me like unless it's posted for OHRV operation, you can't legally do it.

leetninja

but that says

10 miles per hour on class I through VI highways when the OHRV is being operated within the rights-of-way adjacent to such highways; town or city sidewalks; class IV, V, and VI highways approved for OHRV operation; and bridges open for OHRV operation.

So if I go 10mph I am ok?  Since the road is a right of way to the highway?  maybe I'm fishing.

Larger utility ATVs like the ones I own have fenders, headlights, backup light, etc and are perfectly safe if used responsibly on a road to get to a trail.  in my opinion it shouldnt be a huge problem but i find myself at a crossroads ... do i really have top pack up on a trailer and then go less than a quarter mile from my house drop off and ride or can i just ride down the street.  i guess it all depends on which kop responds to the jealous sheep that calls and complains about my quad on the road.

also my whole neighborhood is a "recreational area" so these are "recreational" machines ... or maybe I can hook up some flashing yellow lights and say they are utility and maintenance vehicles?

KBCraig

Since it says "right of way adjacent to such highways", I assume they're specifying the area between the pavement and the fence line.

leetninja

plenty of that!  though it isnt a sidewalk like you would see in a downtown area many people do not have fences around here.  plenty of room between the pavement and property usually.

the thought crossed my mind to put a button with a horn and directionals and then register as a vehicle but i think i can make it a plow/maintenance vehicle much easier.