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Old 09-09-13 | 07:26 PM
  #92  
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mconlonx
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Joined: Jun 2007
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Cyclists are lucky Chief didn't get creative. They could be very wrong on many, many levels. It certainly look like they were breaking many different laws, including the one cyclist admitting to following too closely. Chief should have covered his ass by claiming he was legally stopping them to inspect their bikes, but there are any number of laws he would have a reason for which to stop and cite them.

By not stopping, they have set themselves up as liable to be charged for a Class A Misdemeanor

TITLE XXI
MOTOR VEHICLES

265:3 Obedience to Police Officers. –
I. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
II. The fine for a violation of this section shall be $100.

265:4 Disobeying an Officer. –
I. No person, while driving or in charge of a vehicle, shall:
(c) Purposely neglect to stop when signaled to stop by any law enforcement officer who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who signals such person to stop by means of any authorized audible or visual emergency warning signals; or otherwise willfully attempt to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion or abandoning a vehicle while being pursued;
II. Any person who violates any provision of paragraph I of this section may have his or her license or privilege to drive and any registrations issued in his or her name suspended. In addition, any person who violates the provisions of subparagraphs I (a), (b), (d), (e), or (f) of this section shall be guilty of a class A misdemeanor.


265:18 Overtaking a Vehicle on the Left. – The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
I. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
II. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the vehicle until completely passed by the overtaking vehicle.

265:25 Following Too Closely. –
I. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the way.
III. Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so driven as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
IV. The fine for a violation of this section shall be $100.

265:75 Racing on Highways.
I. No person shall drive any vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record; and no person shall in any manner participate in any such race, competition, contest, test or exhibition.
II. The driving of 2 or more vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other, or the driving of one or more vehicles over a common selected course, where the starting and finishing points are the same, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit on a highway is prohibited.
III. The use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes on a highway is prohibited.
IV. Any person convicted of violating this section shall be guilty of a violation.

265:78 Competitive Bicycle or Moped Races. – No person shall conduct or participate in any competitive bicycle or moped race on any class I, class III, or class III-a highway or on the state-maintained part of any class II highway, unless such race is sponsored by a recognized bicycle or moped organization and the sponsor of such race has obtained, prior to such race, the written approval of the commissioner and of the police department of each city, town or place in which such race is to be held. In the case of a competitive bicycle or moped race on a class III-a highway, the sponsor of the race shall also obtain the approval of the executive director of the fish and game department. The commissioner and the executive director of the fish and game department may require insurance, police coverage or other regulations to insure the safety and protection of the public, and the permit may exempt competitors from such requirements of this chapter relative to rules of the road as are not inconsistent with public safety.

265:143-a Drivers to Exercise Due Care When Approaching Bicycle. – Every driver of a vehicle, when approaching a bicyclist, shall insure the safety and protection of the bicyclist and shall exercise due care by leaving a reasonable and prudent distance between the vehicle and the bicycle. The distance shall be presumed to be reasonable and prudent if it is at least 3 feet when the vehicle is traveling at 30 miles per hour or less, with one additional foot of clearance required for every 10 miles per hour above 30 miles per hour.

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.

265:144 Riding on Bicycles. –

V. Persons riding bicycles 2 or more abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

VIII. Any bicyclist shall stop upon demand of a peace officer and permit his bicycle to be inspected.

XI. A person propelling a bicycle upon a way at a speed less than the normal speed of traffic moving in the same direction at that time and place shall remain on the right portion of the way as far as practicable except when it is unsafe to do so or:
(a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
(d) When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, broken pavement, glass, sand, puddles, ice, or opening doors of parked vehicles.

265:149 Ordinances and Bylaws. – Any city or town shall have the power to make ordinances, bylaws or regulations respecting the use and equipment of bicycles, except mopeds as defined in RSA 259:57, on its ways, provided that any such ordinances, bylaws or regulations enacted with respect to such equipment shall be at least as stringent as the requirements of RSA 266:85-89. Any city or town may require that bicycles, except mopeds as defined in RSA 259:57, be licensed and may charge reasonable fees for such licensing.

265:150 Penalty. – Any person violating the provisions of RSA 265:145 or any ordinance, bylaw, or rule made under the provisions of RSA 265:149, shall be deprived of his bicycle or moped by the law enforcement agents until such provisions and requirements have been complied with.
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