E-Moto Hub

New Hampshire

What New Hampshire law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text.

Published

Reviewed . Sources: RSA 215-A:1, VI, XIV; RSA 215-A:21, II, II-c, V, VI, IX; RSA 215-A:27, I, III; RSA 215-A:1, XX; RSA 215-A:13-a; RSA 215-A:29, XV, XVI; RSA 215-A:29, I, III, III-a; RSA 215-A:21, III; RSA 215-A:6, II, VIII, IX(a), X, XII; RSA 215-A:29, I-a; RSA 259:27-a; RSA 215-A:1, VI.

The answers

Is an electric dirt bike an off-highway vehicle?

New Hampshire defines an "off highway recreational vehicle" (OHRV) as 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, where the operator sits in or on the vehicle. A "trail bike" is any motor-driven wheeled vehicle with a saddle or seat for the operator or passenger or both that is designed or adapted for travel over surfaces other than maintained roads, and every vehicle within that definition is classified as an OHRV. OHRVs include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle, but do not include snowmobiles or electric bicycles as defined in RSA 259:27-a.

RSA 215-A:1, VI, XIV, checked . Official text for New Hampshire, RSA 215-A:1, VI, XIV, external site

What it needs to ride public off-road land

Except as otherwise provided, no OHRV may be operated in New Hampshire unless registered under RSA chapter 215-A, and no person may operate a motorcycle or trail bike for off highway recreational purposes unless it is registered as an OHRV. The listed exceptions are an OHRV operated solely on land owned or leased by its owner, and a youth model trail bike, defined as a trail bike equipped with an internal combustion engine with a maximum piston displacement of 95 cubic centimeters, when the operator is under 12 and accompanied by a person 18 or older who holds a valid license to operate an OHRV. The registration plate or decals must be attached securely on the front and rear of the vehicle, and no person may operate an OHRV unless they are placed on it as the chapter requires. Except for temporary registrations, registrations expire on May 1 each year. A nonresident registering an OHRV for a temporary 10 consecutive day period during May to October is issued a temporary registration valid only for those 10 days. An OHRV not registered for highway use that is registered in Vermont, Maine, or Quebec is deemed properly registered only to the extent that state or province grants a reciprocal exemption or privilege to OHRVs registered in New Hampshire, and to be operated it must meet all equipment requirements and sound level decibel limitations that RSA 215-A mandates for OHRVs registered in New Hampshire.

RSA 215-A:21, II, II-c, V, VI, IX; RSA 215-A:27, I, III; RSA 215-A:1, XX, checked . Official text for New Hampshire, RSA 215-A:21, II, II-c, V, VI, IX; RSA 215-A:27, I, III; RSA 215-A:1, XX, external site

Helmet rule off-road

No person under the age of 18 may operate any OHRV within the state without wearing protective headgear that meets or exceeds the specifications of FMVSS 218. No person may operate an OHRV carrying passengers under 18 unless each such passenger is wearing eye protection and protective headgear meeting that standard. No person may operate any OHRV without wearing eye protection, unless the OHRV has a windshield or screen that protects the driver's eyes and face when the driver is sitting erect.

RSA 215-A:13-a; RSA 215-A:29, XV, XVI, checked . Official text for New Hampshire, RSA 215-A:13-a; RSA 215-A:29, XV, XVI, external site

Age and supervision rules for young riders

On land not owned or leased by the operator or the operator's parent, grandparent, or guardian, no person may operate an OHRV unless, if under 14, the person is accompanied at all times by a person at least 18 who has met the training-or-license condition, and, if 12 or older, the person has either successfully completed the snowmobile or OHRV training program, the recognition of which has not been suspended or otherwise disallowed by law, or is licensed to drive under RSA 263 or under the law of another state or a province of Canada, provided the person would be eligible for a driver's license in New Hampshire. A person 12 or older operating an OHRV must carry a valid driver's license or evidence of successfully completing an OHRV training program. These rules do not apply to a person participating in an OHRV training program. No person under 18 may register an OHRV.

RSA 215-A:29, I, III, III-a; RSA 215-A:21, III, checked . Official text for New Hampshire, RSA 215-A:29, I, III, III-a; RSA 215-A:21, III, external site

Riding it on public roads

No person may 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 RSA chapter 215-A provides, and never on the right of way of a class I highway designated as an interstate highway, toll road or limited access highway. City or town councils and boards of selectmen may, after a duly noticed public hearing and notification to abutters, authorize OHRV use of sidewalks and class IV, V or VI highways and bridges; operators there must keep to the extreme right and yield to all conventional motor vehicle traffic. An OHRV may cross a public way only where its operation is not otherwise prohibited by law, at an angle of approximately 90 degrees at a place where no obstruction prevents a quick and safe crossing, after a complete stop, yielding to motor vehicle traffic that is an immediate hazard, and only if the operator has a valid driver's license or has completed the approved snowmobile or OHRV safety training course. A person operating along the traveled portion of a public highway, where that operation is authorized, must be licensed to drive, or be at least 12, have completed an approved training program and be accompanied at all times by a licensed driver at least 25; this rule does not apply to road crossings or the use of class VI highways designated as trails. An OHRV registered in New Hampshire or any other jurisdiction for use on a way in New Hampshire, except one registered under RSA 261:41-a, may not be used recreationally on designated OHRV trails.

RSA 215-A:6, II, VIII, IX(a), X, XII; RSA 215-A:29, I-a, checked . Official text for New Hampshire, RSA 215-A:6, II, VIII, IX(a), X, XII; RSA 215-A:29, I-a, external site

Where the e-bike definition stops

An electric bicycle is a pedaled vehicle equipped with an electric motor of less than 750 watts that falls within one of 3 classes. Class 1 and Class 3 motors provide assistance only when the rider is pedaling and cease at 20 and 28 miles per hour respectively; a Class 2 motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches 20 miles per hour. The OHRV definition includes any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle.

RSA 259:27-a; RSA 215-A:1, VI, checked . Official text for New Hampshire, RSA 259:27-a; RSA 215-A:1, VI, external site

Before you ride

This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.

For a young rider, the before-you-ride checker puts the helmet and age rules first.

Official riding areas and the permits New Hampshire asks for: where to ride in New Hampshire.

Statutes change. Each answer carries the date it was checked; the page is re-checked at least every 180 days and says "Review due" if that slips.

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