CHAPTER 206
HB 64-FN – FINAL VERSION
27Mar2007… 0627h
05/24/07 1677s
2007 SESSION
03/05
HOUSE BILL 64-FN
COMMITTEE: Criminal Justice and Public Safety
This bill establishes criminal penalties, modifies license suspensions, and eliminates administrative fines for driving a commercial motor vehicle while violating an out-of-service order.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0627h
05/24/07 1677s
07-0088
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to driving a commercial motor vehicle while violating an out-of-service order.
Be it Enacted by the Senate and House of Representatives in General Court convened:
206:1 Disqualification and Out-of-Service Orders. RSA 263:93-a is repealed and reenacted to read as follows:
263:93-a Disqualification and Out-of-Service Orders.
I. Notwithstanding any law to the contrary, any person who knowingly drives a commercial motor vehicle that is subject to an out-of-service order shall be guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for any subsequent offense within a 10-year period, and the person’s commercial driver license or privilege to drive may be suspended for 90 days for a first offense, for one year for a second offense within a 10-year period, or for 3 years for a third or subsequent offense within a 10-year period.
II. Any person who knowingly transports hazardous materials in a commercial motor vehicle that is subject to an out-of-service order or who operates a commercial motor vehicle designed or used to transport 15 or more passengers, including the driver, while such vehicle is subject to an out-of-service order shall be guilty of a misdemeanor and the person’s commercial driver license or privilege to drive may be suspended for 180 days for a first offense, or for 3 years for a second or subsequent offense within a 10-year period.
III. Any person who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order shall be:
(a) If a natural person, guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for a second or subsequent offense within a 10-year period.
(b) If any other person, guilty of a class A misdemeanor.
IV. If a driver or employer is defaulted for failing to appear in court after being charged under paragraphs I-III, the court shall enter a guilty finding.
206:2 Repeal. RSA 263:93-b, relative to administrative fines, is repealed.
206:3 Effective Date. This act shall take effect January 1, 2008.
Approved: June 25, 2007
Effective: January 1, 2008