Bill Text: NH HB193 | 2017 | Regular Session | Introduced
Bill Title: Relative to traffic control measures.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-10-26 - Committee Report: Ought to Pass for 01/03/2018 (Vote 12-0; Consent Calendar) [HB193 Detail]
Download: New_Hampshire-2017-HB193-Introduced.html
HB 193 - AS INTRODUCED
2017 SESSION
17-0548
06/03
HOUSE BILL 193
AN ACT relative to traffic control measures.
SPONSORS: Rep. Harrington, Straf. 3; Sen. Bradley, Dist 3
COMMITTEE: Transportation
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ANALYSIS
This bill permits cities to adopt bylaws and ordinances relative to temporary traffic control measures.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0548
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to traffic control measures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; City Councils; Bylaws and Ordinances; Temporary Traffic Control. Amend RSA 47:17 by inserting after paragraph VIII the following new paragraph:
VIII-a. Temporary Traffic Control. Relative to temporary traffic control measures on class IV and class V highways in connection with road construction and maintenance, other work within the public right of way, or special events or activities. The council may require persons or entities to employ traffic control measures at their expense, if the need for traffic control arises because of the activities of such persons or entities, subject to the following:
(a) The council may require the use of non-police flaggers, and/or cones, signs, barricades, or other appropriate devices. The council may require properly trained uniformed police officers only when necessary for traffic control due to traffic volume, speed, visibility, or other safety concerns, or when qualified flaggers are not available. Nothing in this paragraph shall prevent the persons or entities performing activities from requesting uniformed officers in other circumstances.
(b) The council may identify locations in which the use of uniformed police officers is required, or may establish criteria for making such a determination. Such criteria should identify a consistent methodology addressing safety issues similar to the recommendations contained in the department of transportation's guidelines for the use of flaggers and uniformed officers on state highways.
(c) The council may require flaggers and uniformed officers to have training or certification by a nationally recognized organization or to meet the department of transportation's training requirements for highway flaggers.
(d) In the absence of a policy that complies with this paragraph, the department of transportation's guidelines for the use of flaggers and uniformed police officers on state highways shall apply to the extent possible and shall be administered by the council or its designee.
(e) All determinations by any local government or local government official concerning whether a nongovernmental entity is to utilize a police officer or a non-police flagger shall be made according to the same standards or criteria that a local government or local government official uses in making such determinations with respect to a governmental entity or agency.
2 Selectmen; Regulation of Use of Highways. Amend RSA 41:11 to read as follows:
41:11 Regulation of Use of Highways, Etc. Unless regulated by the commissioner of the department of transportation as provided in RSA 236:1, the selectmen may regulate the use of all public highways, sidewalks, and commons in their respective towns and for this purpose may exercise all the powers conferred on city councils by RSA 47:17, VII, VIII, and XVIII, and by any other provisions of the laws upon the subject. When the selectmen require temporary traffic control measures in connection with road construction and maintenance, other work within the public right of way, or special events or activities, the selectmen shall do so in a manner consistent with the requirements set forth in RSA 47:17, VIII-a for city councils. All determinations by any local government or local government official concerning whether a nongovernmental entity is to utilize a police officer or a non-police flagger shall be made according to the same standards or criteria which are used in making such determinations with respect to a governmental entity or agency.
3 Effective Date. This act shall take effect 60 days after its passage.
