Revision: Jan. 12, 2009, midnight
HB 34 – AS INTRODUCED
2009 SESSION
03/01
HOUSE BILL 34
AN ACT relative to rules of the road.
SPONSORS: Rep. Drisko, Hills 5
This bill:
I. Prohibits the use of cellular phones while actively driving a motor vehicle, except by certain emergency personnel in an official capacity.
II. Prohibits writing a text message and using 2 hands to type on or operate an electronic or telecommunications device while driving except under circumstances specified in the bill.
III. Prohibits operating a motor vehicle while holding an animal upon the person’s lap.
IV. Requires headlight use when windshield wipers are on in continuous use because of inclement weather.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0015
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to rules of the road.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Rules of the Road. Amend RSA 265 by inserting after section 105 the following new sections:
265:105-a Prohibited Uses of Cellular Phones While Operating a Motor Vehicle.
I. Except as provided in this section, no person shall operate a motor vehicle on a public way while using any type of cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held dialing or operation. Any person who violates this section shall be guilty of a violation.
II. This section shall not apply to the use of cellular phones by fire, police, ambulance, and other emergency personnel when essential to the discharge of their official duties in an emergency or other extraordinary situation.
265:105-b Prohibited Text Messages and Device Usage While Operating a Motor Vehicle; Exceptions.
I. Except as provided in paragraph II, a person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation. A person does not write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call.
II. Paragraph I does not apply to a person operating:
(a) An authorized emergency vehicle.
(b) A moving motor vehicle while using an electronic wireless communications device to:
(1) Report illegal activity.
(2) Summon medical or other emergency help.
(3) Prevent injury to a person or property.
(4) Relay information between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle.
(5) Navigate using a global positioning system.
III. The fine for a violation of this section shall be $100.
265:105-c Transportation of Animals. Any person operates a motor vehicle while holding a live animal upon his or her lap shall be guilty of a violation.
2 Motor Vehicles; Period of Lighting. Amend RSA 265:109 to read as follows:
265:109 Period of Lighting. Every vehicle or combination of vehicles, whether stationary or in motion, on any way or bridge, shall have attached to it a light or lights, which shall be so displayed as to be visible from the front and rear, during the period from 1/2 hour after sunset to 1/2 hour before sunrise or when windshield wipers are on in continuous use because of inclement weather.
3 Equipment of Vehicles; Front Lights. Amend RSA 266:31 to read as follows:
266:31 Front Lights. Every motor vehicle driven during the period from ½ hour after sunset to ½ hour before sunrise, and whenever rain, snow, or fog shall interfere with the proper view of the road so that persons and vehicles on the way are not clearly discernible at a distance of 1000 feet ahead or when windshield wipers are on in continuous use because of inclement weather, shall display at least 2 lighted lamps on the front; provided, however, that one suitable lighted lamp on the front of a motorcycle shall be sufficient. The headlamp shall throw sufficient light ahead within the travelled portion of the way to make clearly visible all vehicles, persons, or substantial objects within a distance of 200 feet, except that the headlamps of motorcycles shall be sufficient if they make clearly visible objects within a distance of 150 feet. No headlamp shall be used unless it is approved by the director and is equipped with a proper lens or other device designed to prevent glaring rays. All headlamps on every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground on an unladen vehicle. The measurement shall be made from the ground to the center of the lens. No device which obstructs, reflects, or alters the beam of such headlamp shall be used in connection therewith unless approved by the director. Every lens or other device to prevent glaring rays, the use of which on motor vehicles has been approved by the director, shall be arranged, adjusted, and operated in accordance with the requirements of the certificate approving the use thereof. Every lamp, bulb, or light used in any headlamp shall be of such candle power as may be specified for the approved device in the certificate approving the use thereof. Every reflector which is used as a part of such headlamp shall have a reflecting surface approved by the director after satisfactory tests have been made, and every reflecting surface shall be free from dents, rust, and other imperfections. The driver of every motor vehicle shall permit any properly authorized person to inspect the headlighting equipment of such motor vehicle and to make such tests as he or she may deem necessary to determine whether the provisions of this section are being complied with.
4 Effective Date. This act shall take effect January 1, 2010.