After Ademo discovered a $50 ticket and a “red tag” warning on MARV I headed to Manchester, NH city hall and police department to get answers. Apparently Manchester police employee Kenneth Brunini (badge #32) thought my RV (a “recreational vehicle”) was a commercial vehicle. Also, when it suits his needs, Brunin’s colleague Dana Langton seemed willing to overlook certain text on paper he claims to enforce – in my situation the word “unattended” as used in RSA 262:32 II.
I also followed-up on previous requests for information by submitting documents to Brian Blais in the records division.
Hopefully I’ll soon get some accountability but as may be evident, going through the “official process” doesn’t often feel like the most-effective use of my time. Most folks I speak with tell me that they can’t help or that I have to speak with someone else or fill out such-and-such a form. Then wait. That said, I know documenting this process will be educational for others, which aligns with my primary motivation – to always continue to question and learn, and encourage others to do the same.
“Take it up with the legislator”, Peter and Adam have no balls to take it up with the legislator, would love to see some film footage of that confrontation.
Sue the board for their definitions.. etc…. just a thought
From the look of Marv, he’s under 26,000 GVWR, which wouldn’t classify him as a commercial vehicle anyways, regardless of the fact that he’s a recreation vehicle… Don’t these cops realize that harassing people of conviction won’t make them go away, it will only strengthen them?
I feel for you but you’re disputing this with the wrong people. If you think the police are misapplying the statute to your RV, you’ll have to take that up with a local judge when you dispute the citation. It seems like a fool’s errand to complain to the police that their enforcement of a local ordinance is overbroad. They’re not going to stop enforcing the ordinance in the way that (they think) it is meant to be enforced.
So much glass to talk through!
Since when did anyone accuse the guns and badges of using common sense against those who choose to stand up for one’s rights? To them, it’s a game, plus that fat paycheck for court-time overtime pay.
The WORDS of the statute are “semantics”? Really?!? Grow a brain, please, Dana Langton and then attempt to use it.
You need to learn who writes the definitions. It’s not done by local PD or by cities. It’s in the NH vehicle code…and that explicitly excludes RV’s.
Personally, I’d try to file a complaint against the issuing officer on the grounds that writing this ticket shows they’re either incompetent or malicious.
259:12-e Commercial Motor Vehicle. –
I. “Commercial motor vehicle” shall mean a motor vehicle or a combination of motor vehicles, used in commerce, designed or used to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds;
(b) The vehicle is designed to transport 16 or more passengers, including the driver; or
(c) The vehicle is of any size and is used in the transportation of materials found to be hazardous for the purposes of 49 CFR part 172, subpart F.
II. The term commercial motor vehicle shall not include:
(a) Emergency vehicles assigned or registered to a fire department or fire service organization when driven by fire service personnel in pursuit of fire service purposes.
(b) Recreational vehicles.
(c) Military vehicles when driven by non-civilian military personnel in pursuit of military purposes.
(d) Vehicles used exclusively for agriculture and farming.
The other odd thing is that when you look up the vehicle code section you cite it talks about obstructing right-of-way.
However when you look up the right of way definition in the vehicle code it talks about moving vehicles not parked ones.
259:91 Right-of-Way. – “Right-of-way” shall mean the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed or proximity as to give rise to the danger of collision unless one grants precedence to the other.
It looks like the section should have referenced ROADWAY which is the next definition.
259:92 Roadway. – “Roadway” shall mean that portion of a way improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles.
If you get a chance to question this officer, it would be interesting to see if he knows the definitions.
However, it’s kind of hard to believe this error has never been noticed since the law was written in 1981. You should first check with the NH Attorney General’s office and see if any ruling by them on the intention of this law.
Hope this helps.
“Most folks I speak with tell me that they can’t help or that I have to speak with someone else or fill out such-and-such a form. Then wait. That said, I know documenting this process will be educational for others, which aligns with my primary motivation – to always continue to question and learn, and encourage others to do the same.”
You are leading by example kudos to you!
How about parking legally and then you have nothing to worry about.
So did someone call the Police on you or did he write you the ticket just to be a pig? Why didn’t you show that part in your video, it would of made them look like liars. And next time the cops write you a ticket for leaving your vehicle unattended while you are in it save yourself the headache and get out of your RV and stop them.