HB357 (2005) Detail

(New Title) relative to negligent driving, relative to driver's license fees for nonresident aliens, and relative to motor vehicle inspection expiration.


CHAPTER 267

HB 357 – FINAL VERSION

23Mar2005… 0250h

06/02/05 1608s

29Jun2005… 1940cofc

2005 SESSION

05-0723

03/01

HOUSE BILL 357

AN ACT relative to negligent driving, relative to driver’s license fees for nonresident aliens, and relative to motor vehicle inspection expiration.

SPONSORS: Rep. Gile, Merr 10; Rep. DeJoie, Merr 11

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Establishes fines for persons guilty of negligent driving.

II. Authorizes the department of safety to prorate drivers’ license fees for nonresident aliens.

III. Inserts a reference to the general grace period for motor vehicle inspections into the inspection provision for newly registered and transferred motor vehicles.

IV. Modifies the inspection requirements applicable to vehicle dealers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Mar2005… 0250h

06/02/05 1608s

29Jun2005… 1940cofc

05-0723

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to negligent driving, relative to driver’s license fees for nonresident aliens, and relative to motor vehicle inspection expiration.

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

267:1 Negligent Driving; Fines. Amend RSA 265:79-b to read as follows:

265:79-b Negligent Driving. Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, I(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.

267:2 License Expiration; Non-Citizens. Amend RSA 263:10 to read as follows:

263:10 License Expiration. Except as provided in RSA 263:14 and RSA 263:39-a, III, all licenses shall expire on the fifth anniversary of the license holder’s date of birth following the date of issuance. The department shall notify each holder of a license by mail addressed to the holder’s last known address, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new license.

267:3 Driver’s License Fees; Aliens Temporarily Residing in New Hampshire. Amend RSA 263:42, I to read as follows:

I. For each original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- $50; for each youth operator’s license and examination- $10 per year, not to exceed $50; for each license issued to a nonresident alien for less than 5 years- $10 per year or portion thereof; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period- $20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- $50; for each original motorcycle endorsement- $25; for each motorcycle endorsement renewal- no charge. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Except as provided in RSA 263:14 and RSA 263:39-a, III, every license shall expire on the licensee’s birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.

267:4 Vehicle Inspection Expiration; Transfer to Dealer. Amend RSA 266:1, II to read as follows:

II. Any vehicle registered under this title, except an OHRV, snow traveling vehicle, moped, or other exempt vehicle, shall be inspected once a year, during the month in which the birth date of the owner is observed, if the owner is a natural person. An inspection sticker shall be valid for the same duration as the vehicle’s registration, which shall not exceed 16 months. If the month in which the anniversary of the owner’s birth occurs will be one of the next 4 months, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. Nothing in this paragraph shall require any person who has registered and had inspected a vehicle with temporary plates to have the vehicle reinspected upon receipt of permanent motor vehicle plates. An inspection sticker shall not expire when a vehicle is transferred to a licensed dealer.

267:5 Vehicle Inspection; Newly Registered and Transferred Vehicles. RSA 266:1, IV is repealed and reenacted to read as follows:

IV. Notwithstanding paragraphs II and III, newly registered vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snow traveling vehicles, and mopeds, and vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snow traveling vehicles, and mopeds, the ownership of which has been transferred, shall be inspected not later than 10 days after the registration or transfer of ownership of said vehicle. However, if a new vehicle is purchased at retail from a licensed dealer, as defined in RSA 259:18, the vehicle shall be inspected not later than 30 days after the date of transfer. A used vehicle for which a dealer has issued a 20-day plate pursuant to RSA 261:109 shall be inspected by the dealer or an authorized inspection station on behalf of the dealer at the time of the attachment of the plate. All other expired motor vehicle inspections shall be subject to the 10-day grace period in RSA 266:5.

267:6 Nullification; HB 260-FN. If HB 260-FN of the 2005 regular session becomes law on or after the effective date of this section, section 7 of HB 260-FN, which amends RSA 266:1, IV, shall not take effect.

267:7 Effective Date.

I. Sections 1-3 of this act shall take effect January 1, 2006.

II. The remainder of this act shall take effect upon its passage.

(Approved: July 22, 2005)

(Effective Date: I. Sections 1-3 shall take effect January 1, 2006.

II. Remainder shall take effect July 22, 2005)