Terms Used In New Hampshire Revised Statutes > Chapter 259 - Words and Phrases Defined

• Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
• Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
• Alternative fuel: means any source of fuel, other than motor fuel and electricity, used to propel a motor vehicle over the ways of the state. See New Hampshire Revised Statutes 259:3-d
• Alternative fuel dealer: means any person who sells, produces, or refines alternative fuel for use in a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:3-e
• Alternative fuel dispenser: shall mean a machine specifically used at an alternative fuel dealer that is used to pump compressed natural gas, liquid natural gas, propane, or other types of alternative fuel directly into a motor vehicle for use on the ways of the state. See New Hampshire Revised Statutes 259:3-f
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Auto wholesale dealer: shall mean any person with an established place of business, who is exclusively engaged in the business of purchasing vehicles requiring registration for use upon a way, for resale to a retail or wholesale dealer. See New Hampshire Revised Statutes 259:5-a
• Autocycle: means a 3-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride, is equipped with safety belts for all occupants and is manufactured to comply with federal safety requirements for motorcycles. See New Hampshire Revised Statutes 259:4-d
• Automobile transporter: means any vehicle combination designed and used specifically for the transport of assembled vehicles capable of being driven on the highway. See New Hampshire Revised Statutes 259:4-b
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bicycle: shall mean every pedalled vehicle propelled by human power upon which any person may ride, except child's tricycles and similar devices. See New Hampshire Revised Statutes 259:6
• Bus: shall mean every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See New Hampshire Revised Statutes 259:7
• Business district: shall mean the territory contiguous to a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business. See New Hampshire Revised Statutes 259:8
• Certificate: shall mean :
  I. See New Hampshire Revised Statutes 259:9
• Chambers: A judge's office.
• Citation: shall mean any citation, summons, ticket or other document issued by an arresting officer for violation of a law, ordinance or rule, pertaining to motor vehicle traffic, ordering the arrested motorist to appear. See New Hampshire Revised Statutes 259:10
• Combination vehicle: shall mean a combination of truck-tractor and semi-trailer, or a combination of truck-tractor, semi-trailer, and full trailer, being driven together as an articulated unit. See New Hampshire Revised Statutes 259:11-a
• Commerce: shall mean :
  I. See New Hampshire Revised Statutes 259:12-a
• Commercial driver: shall mean a person who drives a commercial motor vehicle as defined in N. See New Hampshire Revised Statutes 259:12
• Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
  (a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
  (b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
  (c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
  (d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e
• Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
• Construction equipment: shall mean all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, retreading machines, compressors, power shovels, excavators, backhoes, wagons, concrete mixers, generators, message boards, wood chippers, bucket loaders, snow loaders, rooters, scarifiers and construction tractors, and such other items of equipment which in the opinion of the director should be classified as construction equipment. See New Hampshire Revised Statutes 259:42
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation. See New Hampshire Revised Statutes 259:14
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: shall mean a retail vehicle dealer or an auto wholesale dealer. See New Hampshire Revised Statutes 259:18
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
• Dependent: A person dependent for support upon another.
• Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
• Division: shall mean the division of motor vehicles in the department of safety. See New Hampshire Revised Statutes 259:22
• Domicile: shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. See New Hampshire Revised Statutes 259:23
• Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
• Electric bicycle: shall mean a pedaled vehicle equipped with an electric motor of less than 750 watts that falls within one of the following 3 classes:
  I. See New Hampshire Revised Statutes 259:27-a
• Emergency vehicles: shall mean all vehicles of fire departments and police departments, the state department of corrections, and such ambulances and emergency vehicles of municipal departments or public service corporations as authorized by the director. See New Hampshire Revised Statutes 259:28
• Enhanced technology ignition interlock device: shall mean an ignition interlock device equipped with a camera and which will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts. See New Hampshire Revised Statutes 259:28-b
• Established place of business: shall mean :
  I. See New Hampshire Revised Statutes 259:29-a
• exclusively engaged: shall mean the retail sale of less than 5 motor vehicles in any state in any 12-month period. See New Hampshire Revised Statutes 259:5-a
• farm: means any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 259:32
• 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
• Full trailer: shall mean any trailer being towed behind a semi-trailer as part of a combination vehicle also known as twin-trailers or "double bottoms. See New Hampshire Revised Statutes 259:37-a
• Garage: shall mean every place where 5 or more motor vehicles are stored or housed at any one time, except such places in which motor vehicles are kept by the owners thereof without payment for storage. See New Hampshire Revised Statutes 259:38
• Gasoline: shall mean all products commonly or commercially known or sold as gasoline, including casinghead and absorption of natural gasoline, regardless of their classification or uses, and any liquid prepared, advertised, offered for sale, or sold for use as or commonly and commercially used as a fuel in internal combustion engines, which when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (ASTM Designation D-86) show not less than 10 percent distilled (recovered) below 347 degrees Fahrenheit (175 degrees Centigrade) and not less than 95 percent distilled (recovered) below 464 degrees Fahrenheit (240 degrees Centigrade); provided that the term gasoline shall not include commercial solvents or naphthas which distill by ASTM method D-86 not more than 9 percent at 176 degrees Fahrenheit and which have a distillation range of 150 degrees Fahrenheit or less, or liquified gases which would not exist as liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14. See New Hampshire Revised Statutes 259:37-b
• GCWR: shall mean the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. See New Hampshire Revised Statutes 259:38-a
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habitual offender: means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. See New Hampshire Revised Statutes 259:39
• Hazardous materials: shall mean hazardous materials as defined in N. See New Hampshire Revised Statutes 259:40
• Ignition interlock device: shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle's ignition system. See New Hampshire Revised Statutes 259:43-a
• Judgment: shall mean any judgment which shall have become final, rendered by a court of competent jurisdiction of any state, or of the United States. See New Hampshire Revised Statutes 259:46
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
  I. See New Hampshire Revised Statutes 259:48
• Lienholder: shall mean a person holding a security interest in a vehicle. See New Hampshire Revised Statutes 259:49
• maintained for use: shall mean a motor vehicle or motorcycle in its original condition or restored to original or better condition and not intended for daily use. See New Hampshire Revised Statutes 259:4
• modified: means , but is not limited to, a substantial and material alteration or replacement of the engine, drive-train, suspension or brake system or alteration of the body which may be chopped, channelled, sectioned, filled or otherwise changed dimensionally from the original manufactured body. See New Hampshire Revised Statutes 259:106-a
• Moped: shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears. See New Hampshire Revised Statutes 259:57
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor fuel: shall mean all products used in an internal combustion engine for the generation of power to propel motor vehicles or mechanical contrivances on or over the ways of this state. See New Hampshire Revised Statutes 259:58
• Motor truck: shall mean any truck of greater than 26,000 pounds manufacturer's gross vehicle weight rating, or any motor vehicle equipped with other than pneumatic tires. See New Hampshire Revised Statutes 259:59
• Motor vehicle: shall mean :
  I. See New Hampshire Revised Statutes 259:60
• Motor vehicle business: shall mean a business which is principally engaged in one or more of the following activities: buying, selling, or exchanging motor vehicles requiring registration for use upon a way, motor vehicle mechanical service, motor vehicle collision repair service, the reconditioning and restoration of motor vehicles, and the sale of motor vehicle parts. See New Hampshire Revised Statutes 259:60-a
• Motor vehicle liability policy: shall mean a policy of liability insurance which provides:
  I. See New Hampshire Revised Statutes 259:61
• 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 except any electric bicycle. See New Hampshire Revised Statutes 259:65
• Motorcycle: shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding electric bicycles, tractors, and mopeds. See New Hampshire Revised Statutes 259:63
• Neighborhood electric vehicle: shall mean any 4-wheeled electric vehicle that has a maximum speed which is greater than 20 miles per hour but not greater than 25 miles per hour, and which complies with the federal safety standards established in 49 C. See New Hampshire Revised Statutes 259:66-b
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresident: shall mean :
  I. See New Hampshire Revised Statutes 259:67
• Number plate: shall mean the sign or marker furnished by the director, on which is displayed the registration number or mark of a vehicle assigned thereto by the director, which shall bear on the face thereof a permanent or changeable designation of the effective period. See New Hampshire Revised Statutes 259:68
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Off highway recreational vehicle: shall mean 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 driver sits in or on the vehicle. See New Hampshire Revised Statutes 259:69
• OHRV: shall mean an off highway recreational vehicle. See New Hampshire Revised Statutes 259:70
• Owner: shall mean :
  I. See New Hampshire Revised Statutes 259:72
• Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
• Personal property: All property that is not real property.
• Place of business: shall mean the site, location or building within this state at which a person conducts the business in which he is engaged. See New Hampshire Revised Statutes 259:76
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pneumatic tires: shall mean tires in which compressed air is designed to support the load. See New Hampshire Revised Statutes 259:77
• principally engaged: means that the business derives at least 51 percent of its annual gross income from the motor vehicle business or, if there was no income in the prior year, 51 percent of the assets of the business are directly related to the motor vehicle business. See New Hampshire Revised Statutes 259:60-a
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public way: shall mean :
  I. See New Hampshire Revised Statutes 259:83
• Reciprocating state: shall mean a state having provisions of law to the same effect as the provisions of this title relative to reciprocal provisions as to arrest of nonresidents. See New Hampshire Revised Statutes 259:84
• Registration number: shall mean the number or mark assigned by the director to a vehicle. See New Hampshire Revised Statutes 259:85
• replica: means a body or frame manufactured after the year 1949 and which resembles that of the original vehicle and which retains the basic style and dimensions as originally manufactured and whose major components such as grill shell, hood, or doors are readily interchangeable with the original pre-1949 component. See New Hampshire Revised Statutes 259:106-a
• Repossess: shall mean the act of obtaining physical possession of a motor vehicle by a lienholder or any person acting on his behalf for any actual or claimed breach of any condition contained in a security agreement. See New Hampshire Revised Statutes 259:87-a
• Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
• Retail vehicle dealer: shall mean a person engaged in the motor vehicle business who sells motor vehicles to the general public, or demonstrates for sale vehicles on consignment to the general public. See New Hampshire Revised Statutes 259:89-a
• Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
• road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
• roadway: means that portion of a way improved, designed, or ordinarily used for vehicular travel, including the berm or shoulder where such berm or shoulder is used by persons riding bicycles or other human powered vehicles. See New Hampshire Revised Statutes 259:75-b
• Security agreement: shall mean an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See New Hampshire Revised Statutes 259:97
• Semi-trailer: shall mean a vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight or that of its load rests upon and is carried by the towing vehicle, and not including a pair or set of wheels commonly used as an implement for other purposes than transportation, provided, however, that the word "semi-trailer" shall not include any vehicle as described in this section if used exclusively for agricultural purposes unless said vehicle be of the type constructed specifically to be towed by a tractor-type truck. See New Hampshire Revised Statutes 259:98
• Ski area vehicles: shall mean motor vehicles, except private passenger vehicles, whether wheeled or tracked, on-highway or off-highway, owned or leased by a ski area as defined in N. See New Hampshire Revised Statutes 259:101
• Snowmobile: shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. See New Hampshire Revised Statutes 259:102
• Special fuel: shall mean all products, except gasoline, propane, natural gas, or liquified natural gas, used in an internal combustion engine for the generation of power to propel motor vehicles or mechanical contrivances on or over the ways. See New Hampshire Revised Statutes 259:103-a
• Special mileage commercial tire: shall mean a tire manufactured with an extra layer of rubber between the cord body and original tread design, which extra layer is designed for the purpose of recutting or regrooving, and which tire is specially labelled as a special mileage commercial tire. See New Hampshire Revised Statutes 259:104
• State: shall mean :
  I. See New Hampshire Revised Statutes 259:106
• Statute: A law passed by a legislature.
• Street rod: shall mean a vehicle, the body and frame of which were manufactured prior to the year 1949 and which has been modified for safe road use, or a replica thereof which has also been modified for safe road use. See New Hampshire Revised Statutes 259:106-a
• Summons: Another word for subpoena used by the criminal justice system.
• Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
• Tandem axle: shall mean 2 consecutive axles whose centers may be included between parallel vertical planes spaced at least 4 feet and not more than 10 feet apart, extending across the full width of the vehicle, except that for vehicles being driven on the interstate and defense highway system with a gross weight in excess of 73,280 pounds a tandem axle shall be limited to 2 or more consecutive axles whose centers may be included between parallel vertical planes spaced not less than 40 nor more than 96 inches apart, extending across the full width of the vehicle. See New Hampshire Revised Statutes 259:107-a
• Tractor: shall mean : any self-propelled vehicle designed or used for agricultural purposes or as a traveling power plant or for drawing other vehicles, but having no provision for carrying a load other than attached implements such as snowplows, tool boxes, or bucket loaders, but shall not include vehicles used for recreational purposes or agricultural/industrial utility vehicles as defined in N. See New Hampshire Revised Statutes 259:108
• Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
• Trailer: shall mean any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on snow or on stationary tracks and vehicles used exclusively for agricultural purposes. See New Hampshire Revised Statutes 259:113
• Transporter: shall mean :
  I. See New Hampshire Revised Statutes 259:114
• Tread depth: shall mean the amount of tread design on the tire. See New Hampshire Revised Statutes 259:115
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tridem: shall mean 3 consecutive axles, the centers of which, when measured between the first and third axles, may be included between parallel vertical planes spaced more than 8 feet apart, and which tridem unit measures less than 12 feet overall between the centers of extreme axles, extending across the full width of the vehicles; except that for vehicles being driven on the interstate and defense highway system with a gross weight in excess of 73,280 pounds, a tridem shall measure not less than 40 inches nor more than 96 inches between the parallel vertical planes. See New Hampshire Revised Statutes 259:115-a
• Truck: shall mean every motor vehicle designed, used or maintained primarily for the transportation of property. See New Hampshire Revised Statutes 259:115-b
• Truck-tractor: shall mean any vehicle designed and intended primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the vehicle and load so drawn, except that a truck-tractor engaged in the transportation of automobiles may transport motor vehicles on a part of the power unit. See New Hampshire Revised Statutes 259:116
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Urban residence district: shall mean the territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business. See New Hampshire Revised Statutes 259:118
• Vehicle: shall mean :
  I. See New Hampshire Revised Statutes 259:122
• Way: shall mean :
  I. See New Hampshire Revised Statutes 259:125
• Wrecker: shall mean a motor vehicle of the truck type designed, manufactured, intended, or adapted primarily for the towing of vehicles upon a way. See New Hampshire Revised Statutes 259:126