CHAPTER 99
HB 1230 – FINAL VERSION
03Feb2010… 0244h
2010 SESSION
03/01
HOUSE BILL 1230
This bill modifies the definition of commercial motor vehicle and increases the minimum age for drivers of interstate home heating oil deliveries.
This bill was requested by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Feb2010… 0244h
10-2046
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to commercial motor vehicles and heating oil deliveries.
Be it Enacted by the Senate and House of Representatives in General Court convened:
99:1 Drivers of Retail Fuel Oil Delivery Trucks. Amend RSA 21-P:18 to read as follows:
21-P:18 Drivers of Retail Fuel Oil Delivery Trucks. Notwithstanding the provisions of any rule adopted under the authority of RSA 21-P:17 pertaining to the qualification of drivers, it shall not be unlawful for a person 18 years of age [or older] on or before January 1, 2011 to drive in intrastate commerce any vehicle carrying home heating oil for the purpose of making retail deliveries of such home heating oil, if such person holds a valid driver’s license for the class of vehicle being driven and if the driver and vehicle are in compliance with all other applicable laws and rules. All other persons shall have attained the age of 21 in order to drive such vehicles.
99:2 Definitions; Commercial Motor Vehicle. Amend RSA 259:12-e to read as follows:
259:12-e Commercial Motor Vehicle.
I. “Commercial motor vehicle’’ shall mean a motor vehicle or a combination of motor vehicles, used in commerce, [designed or used] to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating [or] of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
[(b)] (c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
[(c)] (d) The vehicle is of any size and is used in the transportation of [materials found to be] hazardous materials required to be placarded under [for the purposes of] 49 [CFR] C.F.R. part 172, subpart F.
II. The term commercial motor vehicle shall not include:
(a) Emergency vehicles assigned or registered to a fire department or fire service organization when driven by fire service personnel in pursuit of fire service purposes.
(b) Recreational vehicles.
(c) Military vehicles when driven by non-civilian military personnel in pursuit of military purposes.
(d) Vehicles used exclusively for agriculture and farming within 150 miles of the owner’s farm.
III. For purposes of RSA 263:93-a, “commercial motor vehicle” shall also mean a commercial motor vehicle as defined in 49 C.F.R section 390.5 and in any other federal regulations adopted by rule under RSA 541-A.
99:3 Effective Date. This act shall take effect January 1, 2011.
Approved: May 26, 2010
Effective Date: January 1, 2011