Title XX, Transportation

I. There is established in the office of the state treasurer a fund to be known as the class III railroad and cog railroad capital rail line rehabilitation and equipment revolving loan fund which shall be kept separate and distinct from all other funds. Moneys in the fund shall b…

Whenever the commissioner determines that certain acquired or abandoned rail properties owned by the state pursuant to RSA 228:60-a, II; 228:60-a, VI; 228:60-b; or any other means are no longer needed, the commissioner may transfer or sell such rail properties to any other state …

The state treasurer shall establish a non-lapsing special fund to be known as the special railroad fund. He shall deposit in said fund proceeds from the sale or lease of any rail properties and income derived by the commissioner as a result of action taken pursuant to the provisi…

I. All moneys including moneys received from the railroad tax imposed by RSA 82:31, operating agreements, rentals, and permit, application, and renewal fees shall be deposited in the special railroad fund established by RSA 228:68, and are hereby appropriated to be expended by th…

All receipts, expenditures and accounts for the department of transportation as successor to the highway department of funds accruing to the department or from any other source, to be expended for highway purposes, shall be accounted for on a fiscal year basis, and shall be subje…

The treasurer, when authorized by the governor and council, may issue refunding bonds for the purpose of paying any bonds issued under the provisions of this chapter at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such times prior to t…

The commissioner may, in support of his actions as herein authorized, engage the services of consultants for the purpose of preparing estimates for plant rehabilitation costs. Further, he may engage, as he considers necessary, the services of qualified independent consultants to …

The commissioner shall have the power to study the adequacy of public mass transportation facilities and services now available within the state, to ascertain what further facilities and services may be necessary for the economic well-being of the state, and where feasible, to ta…

Whenever any operator of a public mass transportation system shall file with the department a petition requesting authorization to discontinue service, it shall be the duty of the commissioner, after hearing, to determine if it is in the public interest to discontinue such servic…

Any regular route passenger transportation operation conducted directly by the department or by contract with the department shall not be subject to the requirements of RSA 226-A, provided, however, that such operations shall be subject to all safety and insurance standards as se…

All property of the department and all property held in the name of the state and under the jurisdiction of the department shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. Notwithstanding any ot…

All Urban Mass Transportation Administration funds assigned to a New Hampshire program, which are obligated to that program until its completion, shall be carried over from one state fiscal year to the next. The length of time such funds may be carried over shall be governed by t…

Such sums as may be appropriated for use by the department of justice for the benefit of the department and such federal funds as may be available to the department for legal services and as may be transferable to the department of justice for the provision of legal services, may…

A common carrier by rail lawfully engaged in business in this state may, with the approval of the department, but not otherwise, issue and sell its stock, bonds, notes and other evidences of indebtedness payable more than 12 months after the date thereof for lawful corporate purp…

A common carrier by rail may, with the approval of the department but not otherwise, mortgage its present and future property, tangible and intangible, including franchises, to secure the payment of its bonds or notes, including any bonds or notes to be thereafter issued under th…

Any such common carrier by rail which may apply to the department for authority to issue such securities shall file with its application a statement in reasonable detail, showing the actual cost already incurred and the estimated cost to be incurred for any of the purposes for wh…

The department, after such hearing or investigation as it may deem proper, shall determine the actual or probable cost incurred or to be incurred; and, if in its judgment the issue of such securities upon the terms proposed is consistent with the public good, it shall authorize t…

The commissioner shall maintain accounts which will reflect accurately expenditures and commitments of highway funds and other funds, and which will charge the respective using agencies or institutions only for expenditures and commitments made in their accounts for their respect…

Except as provided in the following sentence, bonds issued under the provisions of this chapter shall not be general obligations of the state for which its full faith and credit is pledged, nor shall they be payable out of any funds other than the funds provided therefor in this …

Any sum received from the Federal Emergency Management Agency or Federal Highway Administration's Emergency Relief Program or any other federal program providing emergency assistance to the department of transportation to reimburse costs incurred for emergency response, including…

Within 30 days after a final order authorizing an issue of securities, the department shall file in the office of the secretary of state a certificate setting out the amount of the securities which it has authorized and the purposes for which the proceeds thereof may be used.

Upon any application for authority to issue securities for the purpose of providing funds for discharging any indebtedness incurred by a common carrier by rail in good faith prior to July 1, 1914, in acquiring property, or for other lawful corporate purpose, no deduction shall be…

I. No common carrier by rail engaged in business within this state shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof, except as provided in this section, by rules adopted by the department, or by specific …

Common carriers by rail carrying on business both within and without this state shall not be subject to the provisions of RSA 228:76-82 when the stock or obligations are to be issued for the acquisition of property, the construction, completion, extension or improvement of their …

The department shall have no power to authorize the capitalization, directly or indirectly, of any franchise to be a corporation, or of any franchise or any right to own, operate or enjoy any franchise whatever in excess of the amount (exclusive of any tax or annual charge) actua…

No unincorporated person or partnership acting as a common carrier by rail shall be required to apply to the department for authority to issue notes or bonds unless the same are to be secured by mortgage of property devoted to public use.

No common carrier by rail shall apply the proceeds of any stock, bonds or notes to any other purpose than those specified in the order of the department authorizing the issue of the same.

Every common carrier by rail issuing stocks, bonds or other evidence of indebtedness subject to the provisions hereof shall file with the department an account showing, in such detail as the department shall require, the disposition of the proceeds of such issue.

Any foreign corporation which shall engage in intrastate business as a common carrier by rail within this state after May 1, 1919, shall be subject to the provisions of RSA 228:76-92, and, by applying for authority to begin or by continuing to engage in such intrastate business a…

A common carrier by rail for any corporate purpose approved by the department, upon petition of the corporation, may, from time to time, with the authority of the department as provided in RSA 228:76-92, increase its capital stock or bonds beyond the amounts fixed and limited by …

Nothing herein shall be construed to authorize or permit directly or indirectly the diversion or expenditure of highway funds for any purpose prohibited by constitutional or legislative limitation of the state or of the United States.

Any debt service fund, construction fund, debt service reserve fund, or other fund established in connection with the issuance of bonds under this chapter shall be kept separate from other moneys of the state. The moneys deposited in any such funds, together with income derived f…

Whenever a common carrier by rail organized under the laws of this state shall issue (1) additional shares of its capital stock having unconditionally the general right to vote or (2) securities convertible into shares of such capital stock, it shall, except as hereinafter provid…

Whenever a common carrier by rail incorporated under the laws of this state shall apply to the department for authority to issue any stock requiring the approval of the department, the stockholders shall not become individually liable for debts and contracts of the corporation un…

I. Any common carrier by rail which is subject to the provisions of 49 U.S.C. section 11301 shall be subject to the provisions of RSA 228:82 but shall not be subject to any of the other provisions of this subdivision. II. Any common carrier which is subject to RSA 359-T or RSA 26…

The purpose of this subdivision is to enable New Hampshire to respond to the planning and improvement objectives of the federal Intermodal Surface Transportation Efficiency Act, as amended.

The governor shall develop a statewide transportation improvement program as required by 23 U.S.C. sections 134 and 135, as amended. The governor shall revise and update the program every 2 years. Adoption of the STIP and revised STIP shall be as follows: I. Each metropolitan pla…

Highways are only such as are laid out in the mode prescribed therefor by statute, or roads which have been constructed for or are currently used for motor vehicle, bicycle, or pedestrian public travel over land which has been conveyed to a city or town or to the state by deed of…

There shall be a system of highways known as the "Primary State Highways System" which shall consist of all existing or proposed highways designated on a map entitled "Primary State Highway System, 1945," prepared by the commissioner and filed in the office of the secretary of st…

The turnpikes, as established by RSA 237, and the approved national system of interstate and defense highways, shall be a part of the primary state highway system.

There shall be a system of highways known as the "Secondary State Highway System" which shall consist of all existing or proposed highways designated on a map entitled "Secondary State Highway System, 1945," prepared by the commissioner and filed in the office of the secretary of…

Highways of the state shall be divided into 7 classes as follows: I. Class I highways shall consist of all existing or proposed highways on the primary state highway system, excepting all portions of such highways within the compact sections of the cities and towns listed in RSA …

All roads laid out by the courts of common pleas or the county commissioners, which have not been maintained by them for at least 20 years, are town-owned rights-of-way and are legally subject to the actions of the town's legislative body.

The department of transportation shall assume full control and pay the costs of construction, reconstruction and maintenance of all class I highways, including bridges thereon.

In this chapter: I. "Corridor protection restriction" means a deeded conservation restriction, as defined by RSA 477:45, I, which conveys to a unit of government having power to lay out highways the right to wholly or partially prohibit development on a described tract of land wi…

A highway or any alteration thereof may be laid out across or over an existing highway; but no damages shall be awarded when the public have the right-of-way over the same land.