HB205 (2005) Detail

Relative to licensing requirements for certain drivers.


CHAPTER 170

HB 205 – FINAL VERSION

2005 SESSION

05-0368

03/01

HOUSE BILL 205

AN ACT relative to licensing requirements for certain drivers.

SPONSORS: Rep. Winchell, Rock 6; Rep. Tholl, Coos 2; Rep. Stevens, Carr 4; Rep. Weare, Rock 14; Sen. Morse, Dist 22

COMMITTEE: Transportation

ANALYSIS

This bill:

I. Restricts the ability of an unlicensed driver convicted of a motor vehicle violation to obtain a license.

II. Establishes restrictions on the reissuance of a youth operator’s license to a person convicted of certain drug and alcohol offenses.

III. Extends the period for which probationary drivers’ licenses are issued.

IV. Adds to the class of “at risk” drivers requiring probationary licenses those persons convicted of driving while in possession of drugs.

This bill is a request of the department of safety.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0368

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to licensing requirements for certain drivers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

170:1 New Section; Offenses Committed by Unlicensed Driver. Amend RSA 263 by inserting after section 1-a the following new section:

263:1-b Offenses Committed by Unlicensed Driver. A person who is convicted of violating RSA 263:1 and is also convicted of a motor vehicle violation, exclusive of a violation of RSA 261:40, RSA 261:59, or RSA 266:5, shall not be entitled to be issued a driver’s license sooner than 12 months from the date of the conviction or, if the person has not yet reached the age required for a license, 12 months from the date of eligibility, except that a license may be issued if the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety.

170:2 New Paragraph; Reissuance of Youth Operator’s License. Amend RSA 263:14 by inserting after paragraph IV the following new paragraph:

V. In addition to the other requirements of this section, the holder of a youth operator’s license who is convicted of an offense under RSA 265:80, RSA 265:82, or RSA 265:82-a shall not be eligible for reissuance of a license prior to the age of 21 unless the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety.

170:3 Probationary Licenses; Expiration. Amend RSA 263:14-a, I(a) to read as follows:

I.(a) Any person who shall apply for reissuance of his or her driver’s license following revocation or suspension for an offense under RSA 265:79, RSA 265:80, RSA 265:82, or RSA 265:82-a is an “at risk” driver and his or her driver’s license shall be probationary for [3] at least 5 years following the date of reissuance.

170:4 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 21, 2005)

(Effective Date: January 1, 2006)