Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Is a bicycle considered a vehicle in NH?

Discussion in 'Legal' started by FIVETWOSEVEN, Feb 6, 2011.

Thread Status:
Not open for further replies.
  1. FIVETWOSEVEN

    FIVETWOSEVEN Member

    Joined:
    Aug 28, 2009
    Messages:
    5,051
    Title is the question. Is a bicycle considered a vehicle in NH?
     
  2. Joe in fla

    Joe in fla Member

    Joined:
    Jan 3, 2011
    Messages:
    127
    Ah, is there a reason that you're asking asking this on a gun forum?

    IF this is gun related then I expect that weather or not a gun is involved and what kind of gun will seriously affect the answer to your question. In fact, bicycles are considered vehicles with regard to many laws/circumstances but not with others so you need to provide a lot more information.

    Awaiting your response.
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    I suspect he's asking about bicycles because the law around carrying in a "vehicle" is different than on one's person.

    I have no idea about NH law but the question has come up before. In Texas for example you can carry in your "vehicle" without a permit. The legal definition of motor vehicle specifically excludes bicycles so you'd have to have a permit to carry on a bicycle, where on a motorcycle no permit would be needed.

    So, maybe someone knows about NH law.
     
  4. smallbore

    smallbore Member

    Joined:
    Aug 15, 2009
    Messages:
    457
    Location:
    I live in the White Mountains area of New Hampshir
    I don't know. Personally, I have never carried/transported a weapon while riding a bicycle. Sounds like a question for NHDOS (our version of DMV).
     
  5. BeerSleeper

    BeerSleeper Member

    Joined:
    Mar 24, 2010
    Messages:
    688
    Here in Missouri, I have heard of someone being issued a dwi on a bicycle, but that was heard as in rumor-mill, not heard as in first person. Gun related or not, it's an interesting question.
     
  6. Micro

    Micro Member

    Joined:
    Aug 30, 2009
    Messages:
    155
    Location:
    Newport News, Virginia
    In most states, a bicycle is not considered a motor vehicle. The confusion arises because the operation of a bicycle is usually subject to the rules of the road. In other words, a bicyclist has the sames rights and responsibilities as a motor vehicle operator in most states. Still, a bicyclist is still considered a pedestrian in most states.

    (I am an insurance claims adjuster of 20 years who is licensed in 3 states and who currently handles claims in 5 (and have handled claims in many more). I investigate the circumstances of accidents taking into consideration state laws and local ordinances, and assign liability for the purposes of disposing of claims. I've handled hundreds of bicycle accidents.)
     
  7. Owen Sparks

    Owen Sparks member

    Joined:
    May 27, 2007
    Messages:
    4,524
    One big difference, how would you carry something IN a bycicle?
     
  8. 7.62 Nato

    7.62 Nato Member

    Joined:
    Aug 8, 2009
    Messages:
    799
    Location:
    Michigan
    How would you carry IN a motorcycle ? People have been charged, tried, and convicted for CCW violations while ON a motorcycle. In fact in MI we have some law enforcement types that are trying to make it their mission to arrest or hassle CPL holders for OC on a motorcycle even though both OC and CCW are legal on a motorcycle with a CPL. There are YouTube vids, I'll look for a link.
     
  9. Shadow 7D

    Shadow 7D Member

    Joined:
    Nov 30, 2008
    Messages:
    7,005
    Location:
    Frozen North
    I believe the thing with bikes, is that riding one on a street drunk puts you under DWI, but do the same in the woods and you are fine. As for carry, kinda hard to get it OFF your body when riding. So the more applicable question would be if you can carry in your backpack, which you can (hiking) but in many states it fall under transporting, so it has to be so many steps from loaded.
     
  10. Owen Sparks

    Owen Sparks member

    Joined:
    May 27, 2007
    Messages:
    4,524
    If you had a concealed pistol in your car it could be under the seat or in the glove box therefore IN the car. On a bycicle it would just about have to be on your body somewhere unless you had a basket or something to hide it in. I guess you could wire a holster to the handlebars.
     
  11. Joe in fla

    Joe in fla Member

    Joined:
    Jan 3, 2011
    Messages:
    127
    I'm waiting for the OP to state his case before speculating.

    FWIW I do know of couple of people that have been charged with DUI on a bicycle and one more that was charged with reckless driving so that's not just a rumor.
     
  12. NMPOPS

    NMPOPS Member

    Joined:
    Jan 3, 2010
    Messages:
    284
    Location:
    Arizona
    In most states there is a difference between a vehicle and motor vehicle. The difference should be obvious. In NM your motor vehicle is considered an extension of your home, not your bicycle or horse.
     
  13. mp510

    mp510 Member

    Joined:
    Feb 13, 2006
    Messages:
    3,045
    Location:
    PRKt
    In NH, you need to have a permit to carry loaded pistol concealed and/or in a vehicle.
     
  14. franconialocal

    franconialocal Member

    Joined:
    Oct 21, 2008
    Messages:
    673
    Location:
    New Hampshire
    For the purpose of motor vehicle law (rules of the road)....then yes...a bike is considered a vehicle. All motor vehicle laws apply including stopping, signaling, yielding, etc.

    For the purpose of DWI or similar then yes...I would bring the case forward as a DWI due to the fact that the "operator" is operating on a public way (see above).

    For the purpose of firearms (concealment or similar topics) then my answer is as follows.......a very, very conditional "no". That is to say, the investigating/arresting officer may bring his case initially under the umbrella of motor vehicle law and have to build up his case or point of view to convince the judge or jury due to lack of legal precedent in matters like this. The flip side of the coin is that you'd better have your ducks in a row (as an officer or prosecutor) to make a good case that the offender should be charged under motor vehicle law and not some "sister" law in the criminal code. It's all about how you present your materials. Many many lesser known cases have become binding precedent in matters like this. There really is no clear answer to your question!

    One example, a number of years ago in the town of Lincoln (just south of me) a pedestrian was hit by a bicyclist who blew over the legal limit, and if I'm not mistaken he was charged under the motor vehicle exception to to the DWI laws because he was using the public way at the time. So, as with any law, there seems to be a huge grey area and so we enter once again....attorney land.;)
     
    Last edited: Feb 7, 2011
  15. BeerSleeper

    BeerSleeper Member

    Joined:
    Mar 24, 2010
    Messages:
    688
    I wish laws made sense. A bicycle is not a motor vehicle for so many reasons, first of which is lack of a motor. Therefore a bicycle should be considered pedestrian transport.

    It just seems obvious that one should need a ccw permit to conceal, on their person, in the case of a bicycle.

    It is utterly ridiculous, and without reason, that one could get a DWI on a bicycle. Someone riding a bike home from a bar, instead of their vehicle, is clearly attempting to respect DUI laws by choosing alternate transit, and is yet still vulnerable to this legal attack.

    OP should come back and give context to the question, it would direct the discussion...
     
  16. Owen Sparks

    Owen Sparks member

    Joined:
    May 27, 2007
    Messages:
    4,524
    The state will probably interprit this in whatever way suites their purposes at the time sort of like 20 year olds are "under age" if they want to buy a beer yet they can join the Marines at 17.
     
  17. FIVETWOSEVEN

    FIVETWOSEVEN Member

    Joined:
    Aug 28, 2009
    Messages:
    5,051
    Completely forgot about this topic I made, During the summer I like to bike ride alot, not really getting anywhere, just a fun ride. The reason why I'm asking is because I would like to have the option to OC considering how I do ride into the woods frequenty. Judging by the comments I've already read I'll just have to wait to get my CCW when I move to a city that has a Police chief that actually gives permits to those under 21.
     
  18. dirtykid

    dirtykid Member

    Joined:
    Nov 15, 2010
    Messages:
    538
    Location:
    Minne-soda
    Our great state of minn-e-sota defines a "vehicle" as any self-propelled device on wheels or tracks/skis with a motor greater than 49cc AND or electric motor rated at 1HP or greater,, this covers all mo-peds AND electric-powered 2-wheel scooter (this addition after some woman got hit on a bike-path by some drunk-dude riding a electric scooter in the dark) his attorney argued that the charge (something about using motor-vehicle to cause personal injury) was incorrect as our law stated "gas-powered",,, judge agreed,drunk walked away with "intoxicated in public" ticket and she spent 4-months on crutches healing a shattered ankle,,, aren't lawyers wonderfull ??
     
  19. mgkdrgn

    mgkdrgn Member

    Joined:
    Jul 21, 2008
    Messages:
    3,914
    Location:
    Lexington, SC
    A bicycle -is- a vehicle, it's just not (normally) a "motor vehicle". This is the case just about everywhere, not just in NH.
     
Thread Status:
Not open for further replies.

Share This Page