New Hampshire MB Law

KCvale

Motorized Bicycle Vendor
Joined
Apr 18, 2010
Messages
3,518
This might be your chance to get a judge to make a ruling on the matter.

Take the specs of your bike, a picture would help too.
Print out the part of the law(s) that favor your position with the appropriate numbers.
Don't forget to check the Bicycle statues too.
Then take it all to court with you.
Hopefully you won't have to plead to get it dismissed, but if not, plead not guility and get official.
You won't need an attorney, just plead your case, if you loose ohh well, you are the $100 and some time.

If you get a favorable ruling, get a copy of the ruling and case name/number.
Typically:

The State of NH
vs
You
Case number#

Carry a copy around on your MB like a Registration, have your friends do that too.
No cop is going to site you for something when you show them a court ruling showing a judge ruled you are not breaking the law ;-}
 


KCvale

Motorized Bicycle Vendor
Joined
Apr 18, 2010
Messages
3,518
Be glad you're not in AZ... ours are defined as bicycles, but, the speeds are 20 MPH, and if you exceed that, it's a MUCH larger fine. (larger fine for unregistered motor vehicle, plus fines for uninsured M.V.)
Can you elaborate loquin?
I haven't looked for a case and what was actually done for simply exceeding 20MPH.

Regarding: Revised AZ Statute 28-2516
I can't see that as completely reclassifying your bike a motor vehicle, that would devastate those of us that use them because we don't have a drivers license.

I hope there has been some ruling saying that the "offense" was something like "exceeding vehicle specified operation speed" with a low fine per mile over limit so long as the speed was below the posted roadway speed.

That would be handy to tuck in the ziplock bag along my copy of Revised AZ Statute 28-2516 under my seat for uninformed cops ;-}

I mean come on...
Busting you like you were driving a car with no drivers license, tags, registration and insurance for riding 25MPH on the side of a 40MPH roadway simply can't be the laws intent.
Bicyclers ride faster than that for heavens sake!
 

chrisnbush

Member
Joined
Apr 9, 2008
Messages
135
It's so location dependent.

I am over here in Keene, southwest corner of the state. I have a centermount 80 cc, and a rear mount DAX Titan. Have been riding the centermount for going on 3 years now - the DAX is going on a year old.

Never had a problem, pass by cops all the time. I originally took the centermount to th DMV in Keene, to make sure it was legal. The clerk showed me a photocopy of something that looked like a Whizzer, I think it was just a centermount. "Look like this ?" I said yes - she said "Its legal".

One time I thought I would try to get the centermount VIN'd so I could register it. Went up along side route 101 where the cop does it on Tuesdays or sometime - normally for salvage guys trying to get VINs for restored wrecks. He told me without suspension, and directionals he wouldn't do it - I needed to take it to Manchester or somewhere.

If I could get it registered, I could take it with me to Canada, as mopeds registered in the U.S. are grandfathered in Canada. Although now after some discussion, I suspect the Mounties (described as FBI in a squad car) might not look too kindly on my efforts, legal or otherwise, to twist the Canadian truth...

I wish it WAS cleared up. I have seen / heard "5 horse" also. Holy **** - I don't need to go any more than the 30 limit, but think of the torque - I could climb Mount Monadnock (and trailer my dog).

I am concerned - their are more of us on the road every day I think. All it takes is for someone to get hurt (a kid or something), and the confusion over the legislation would clear up real quick.

alias BigKid
 

mralaska

Member
Joined
Aug 8, 2008
Messages
36
I share your interpretation, confusion, and frustration with NH regulations. When I asked my local registration desk their answer was fairly direct, "I don't know".

I am curious whether you have had your day in court or whether you have any updates or resolution on this issue.
 

Axlerod

Member
Joined
May 14, 2009
Messages
31
On my way to Court

Hopefully things will turn out well. Doc's & pic's in hand. I will bring some MB's for show & tell. Stay tuned Gtr
 

Axlerod

Member
Joined
May 14, 2009
Messages
31
Case Dismissed

I showed up at court w/ my friend Fred also charged w/ unregisterd Moped, $100 fine, we were ~ an hr early. There was a guard at the front & he said
court would start @ 1PM. The DA was also at the front door there & I started to talk to him about my case.

I told him I & my friend were charged w/ unregistered Mopeds, but we were riding Bicycles w/ attached motors. I told him NH Laws define motorized cycles which include bicycles w/ attached motors as not being mopeds. I showed him 2 motorized bikes I had in my pickup, ( a rack mount Robin Subaru, & a HT w/ Columbia Cruiser ). He agreed they were bicycles w/ attached motors & not mopeds. I mentioned that there is a lot of ambiguity & confusion about the laws regulating motorized bicycles, but that I was sort of an expert in the field as a custom bike builder for over 25 years. He mentioned that perhaps I should write the legislation for MB's, & to sit at a table in a back room. I would gladly help clear up the confusion, my reply.
I grab my documents & pic's. After a few min. I showed him the RSA defining Moped & the distinction from Bicycle w/ attached motor.

He told me I could go w/ just a warning! I said I'd rather go see the Judge,
as I felt that the law needs to be clarified, or it will be continued to be
wrongly enforced. I was able to explain in more detail, & provided him w/ pictures , RSA's & e-mails from the DMV. He dismissed the cases & said he would post a notice for the Hampton PD about the Motorized Bikes.

There are many towns, hamlets, shires & fifedoms in NH, fortunately most of them are not tagging MB's as unregistered vehicles. But the NH DMV needs to step up & clarify the law or more confusion will ensue.

Live Free & Die Gtr

Quest: What's the new name for the Old Man In the Mountain?

A: Cliff
 

skipS

Member
Joined
Oct 29, 2008
Messages
55
I showed up at court w/ my friend Fred also charged w/ unregisterd Moped, $100 fine, we were ~ an hr early. There was a guard at the front & he said
court would start @ 1PM. The DA was also at the front door there & I started to talk to him about my case.

I told him I & my friend were charged w/ unregistered Mopeds, but we were riding Bicycles w/ attached motors. I told him NH Laws define motorized cycles which include bicycles w/ attached motors as not being mopeds. I showed him 2 motorized bikes I had in my pickup, ( a rack mount Robin Subaru, & a HT w/ Columbia Cruiser ). He agreed they were bicycles w/ attached motors & not mopeds. I mentioned that there is a lot of ambiguity & confusion about the laws regulating motorized bicycles, but that I was sort of an expert in the field as a custom bike builder for over 25 years. He mentioned that perhaps I should write the legislation for MB's, & to sit at a table in a back room. I would gladly help clear up the confusion, my reply.
I grab my documents & pic's. After a few min. I showed him the RSA defining Moped & the distinction from Bicycle w/ attached motor.

He told me I could go w/ just a warning! I said I'd rather go see the Judge,
as I felt that the law needs to be clarified, or it will be continued to be
wrongly enforced. I was able to explain in more detail, & provided him w/ pictures , RSA's & e-mails from the DMV. He dismissed the cases & said he would post a notice for the Hampton PD about the Motorized Bikes.

There are many towns, hamlets, shires & fifedoms in NH, fortunately most of them are not tagging MB's as unregistered vehicles. But the NH DMV needs to step up & clarify the law or more confusion will ensue.

Live Free & Die Gtr

Quest: What's the new name for the Old Man In the Mountain?

A: Cliff
thats great news! do you have a case no? I will be bringing my motorized bike to Exeter NH last week of July and plan on riding into hampton beach. I would like to have some proof that my bike is legal in NH. Did you follow up with the Hampton police dept to see if they got the notice? what was the judges name and the prosecutor name? you can pm with the info if you like
 

Axlerod

Member
Joined
May 14, 2009
Messages
31
NH Senate Bill 403

Looks like NH will rewrite Motorized Cycle definition to be included w/ Mopeds & thus will req reg. Vote to be tallied soon. If nothing else it may clear up the confusion.
During Motorcycle week in Laconia, NH I had a chance to ride up to the big
rally. There were several mile long motorcycle traffic jams. Cars are not allowed near Weirs Beach. There were cops & troopers everywhere. My friend & I flew & pedaled under the radar w/ no problems. We were able to travel on the shoulder of the roads & had no delays. We parked our steeds between the thousands of Harley's & custom Hogs. When we got back to our bikes there were a bunch of Harley dudes scoping out our rides. I ask them if there was a problem? Cool bikes man! One guy was saying these things are more like the original Harleys w/ pedals than anything around here. Me, I didn't think we'd fit in. Oh well, Live free & ride. Then we strapped on our bicycle helmets w/ attached mirrors pedaled & putted away.
 

kingdavidcoffee

New Member
Joined
Jul 31, 2010
Messages
2
Latest NH laws

Hi, I've read the NH posts with interest since I live in Nashua. I googled the senate bill and it seems bicycles with motors now need to have the registration. Here is the 2010 session bill which has a couple of changes to it.


CHAPTER 163

SB 403 - FINAL VERSION

2010 SESSION

10-2697

03/09

SENATE BILL 403

AN ACT relative to motor-driven cycles.

SPONSORS: Sen. Letourneau, Dist 19; Sen. Gilmour, Dist 12; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Rep. Packard, Rock 3; Rep. R. Williams, Merr 11; Rep. Nedeau, Belk 3; Rep. Coffey, Merr 6

COMMITTEE: Transportation and Interstate Cooperation

ANALYSIS

This bill modifies the definition of motor-driven cycle in the motor vehicle laws.

This bill was requested by the department of safety.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2697

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to motor-driven cycles.

Be it Enacted by the Senate and House of Representatives in General Court convened:

163:1 Motor-driven Cycle. Amend RSA 259:65 to read as follows:

259:65 Motor-driven Cycle. "Motor-driven cycle" shall mean any motorcycle or motor scooter with a motor which produces not to exceed 5 horse-power, and any bicycle with motor attached[, but not including mopeds] except any electrically powered bicycle that has a less than 750 watt motor, has functional pedals, and is capable of a maximum speed on level ground of less than 20 miles per hour.

163:2 Effective Date. This act shall take effect upon its passage.

Approved: June 17, 2010

Effective Date: June 17, 2010
 
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