According to the New Hampshire Department of Justice New Hampshire law requires that any child under the age of eighteen riding as a passenger in a motor vehicle be secured by either a seat belt or a child safety seat and that any child under the age of seven be secured by an approved child restraint (RSA 265:107-a). It is the driver's responsibility to ensure that all child-passengers are properly restrained. There are only four exceptions to this requirement. Children do not have to be restrained: (1) in taxis and buses, (2) in vehicles manufactured prior to 1968, (3) when they have physical conditions that prevent the use of seat belts or child safety seats, and (4) under certain special-education conditions.
If you fail to have a child passenger "buckle up," you face a first offense fine of $50, and a second offense fine of $100.
Resources:According to the New Hampshire Division of Motor Vehicles, the holder of a Youth Operator License who is under 18 years of age:
Youth Operator Motor Vehicle Violations
Pursuant to RSA 263:14 Original and Youth Operators' Licenses, section III, the Director is authorized to revoke or suspend any original license held by a person under 20 years of age after a hearing, and after evidence that the driver has committed certain offenses. The periods of suspension or revocation are as follows:
If you get two or more speeding tickets as a youth operator driver in the first two years of having the license, you shall be required to obtain an SR-22 Insurance policy for three years from the date of your second hearing.
The holder of a youth operator license can have his or her license suspended due to demerit points accumulation.
Resources:
New Hampshire's Hands Free Electronic Device Law expresses that no use of hand held electronic devices capable of providing voice or data communication while driving or temporarily halted in traffic for a stop sign or traffic signal or other momentary delays.
IMPAIRED DRIVING OFFENSES:
Driving or Operating under the influence of drugs or liquor. Aggravated driving while intoxicated.
DEGREE OF IMPAIRMENT REQUIRED:
DWI: Impairment to any degree or alternatively operating with an alcohol concentration of .08 or more or in the case of a person under the age of 21, .02 or more.
AGGRAVATED DWI: All the elements of DWI, plus one of the following aggravating factors:
drives at a speed in excess of 30 miles over the prima facie speed limit
causes a motor vehicle, boating or OHRV collision resulting in serious bodily injury
attempts to elude law enforcement by increasing speed, extinguishing headlamps, or in the case of a boat navigational lamps while still in motion, or abandoning a vehicle, boat or OHRV while being pursued
carries as a passenger a person under the age of 16
while having an alcohol concentration of .16 or higher
PENALTIES FOR IMPAIRED DRIVING OFFENSES:
For first conviction DWI: Fine of $500 to $1200; 9-month to 24 month license revocation; 6 months of license revocation may be suspended if driver enters into the first offender impaired driver intervention program (IDIP) within 45 days of conviction. Driver must complete the IDIP program prior to reinstatement of right to drive. Driver must maintain SR-22 proof of financial responsibility for 3 years after conviction.
For Aggravated DWI: Fine of $750 to $2000; license loss is 18 months to 24 months; 6 months of license loss may be suspended upon entry into the relevant program as defined below as soon as circumstances allow; sentence of not less than 10 consecutive days, of which 3 consecutive 24 hour periods shall be served in the county house of corrections and 7 consecutive 24 hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center; maximum house of corrections sentence is 12 months committed to the house of corrections.
2nd Offense (for second conviction between 2 and 10 years from first conviction): Fine of $750 to $2000; 3 year loss of license; sentence of not less than 10 consecutive days, of which 3 consecutive 24 hour periods shall be served in the county house of corrections and 7 consecutive 24 hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center (the MOP program); maximum house of corrections sentence is 12 months committed to the house of corrections. 2nd Offense (less than 2 years from first conviction): All of the above provisions of a second offense apply, but the mandatory minimum committed jail sentence is 30 days in the house of corrections followed by the MOP program outlined above.
3rd Offense within 10 years: Fine of $750 to $2000; indefinite license revocation; may not seek return of license for 5 years from date of conviction; jail sentence of not less than 180 days, 30 of which must be served consecutively at a house of corrections; up to 5 months of sentence may be deferred by the court; the driver must complete a residential 28 day inpatient program at his own expense; maximum house of corrections sentence is 12 months committed to the house of corrections.
STATUTORY DRUNK DRIVING PRESUMPTIONS:
Measurable BAC of .03 or less is prima facie evidence that the defendant was not under the influence; measurable BAC of more than .03 but less than .08 is given no prima facie effect. BAC of .08 percent or more is prima facie evidence that the driver is under the influence of an intoxicant and of an alcohol concentration of .08 or more.
IMPLIED CONSENT LAWS:
Tests permitted: Blood, breath or urine test-one or more samples as designated by law enforcement agency.
Type of advisement required: Of implied consent law requirements; of penalties for refusing testing; of administrative suspension; of right to alternative and independent tests.
Penalties for refusal: six month loss of license for first implied consent suspension, whether a refusal or administrative suspension for BAC over .08; two year loss of license for all subsequent implied consent suspensions.
Admissibility of refusal: Admissible at trial.
Motorcyclists have the same rights and responsibilities on public roads as other highway users. Anyone who operates a motorcycle in New Hampshire must have a current, valid motorcycle license or a New Hampshire motorcycle permit. Motorcycle permits from other states are not recognized in New Hampshire. Some laws you should be aware of are:
Helmet law - If you are riding on or operating a New Hampshire motorcycle and you are under 18, you are required by law to wear a helmet.
Eye and face protection - If you are riding on or operating a New Hampshire motorcycle, you are required by law to wear eye protection, unless the New Hampshire motorcycle is equipped with a windscreen.
Minimum insurance requirements - New Hampshire does not require insurance unless you are required to have compulsory insurance due to an accident or have been convicted of a DWI. If you are required to have compulsory liability insurance, the minimum limits required are 25/50/25.
Riding on motorcycles - No more than the designated number of riders may be on a motorcycle, both hands must be on the handlebars, and passengers cannot interfere with the driving or control of the motorcycle.
Driving on roads lined for traffic - Riding between lanes or riding more than two abreast in a single lane is prohibited by law in New Hampshire.
Motorcycle noise levels - As you would expect, there are certain laws around noise levels of motorcycles. Many factors come into play when determining allowable noise levels.
