Quote:
|
Originally Posted by Skip
Sorry, your point was that a bicycle was subject to this State's speed regulations. My response is that they are not, and I have cited the pertinent regulations that define same and the only case in the State where an unsuccesful attempt was made to try to connect those dots.
I'll try this one last time....
Speed laws in New Hampshire pertain to motor vehicles.
They pertain to motor vehicles because a key element in the offense of unreasonable speed is " to Drive".
In New Hampshire "to Drive" is legally defined as to operate a motor vehicle.
A bicycle is not a motor vehicle. Under certain limited conditions a bicycle can be defined under the motor vehicle code as a vehicle, along with a horse or a mule or a donkey. But a vehicle is not the same legal definition as a motor vehicle!
Now, since you cannot meet all the necessary legal elements required to convict for unreasonable speed:
Speed laws do not apply.
Hope this clarifies it for you!  |
Skip
That time you not only went around the barn, you got lost in the hay bale! Are you unable to answer a strait question, or do you have a problem admitting you made a mistake? Is a bicycle a mechanized vehicle? That's one of those "yes" or "no" things.
You have not "cited the pertinent regulations" you just say that it is so. Give us the RSA number.
Below is the RSA that pertains to bicycles and motor vehicle laws. If you know of an RSA that counters this, please give us the number without the long "explanation".
265:143 Application of Motor Vehicle Laws to Bicycles. –
I. Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and be subject to all of the duties applicable to the driver of any other vehicle under the rules of the road, except as provided in paragraph II and as to special regulations in this subdivision and except as to those provisions which by their nature can have no application.
II. (a) Any peace officer, wearing a distinctive uniform, operating a bicycle during the course of his or her duties is exempt from the provisions of this subdivision, except as those provisions relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:
(1) In response to an emergency call.
(2) While engaged in a rescue operation.
(3) In the immediate pursuit of an actual or suspected violator of the law.
(b) This paragraph shall not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the public way.