CHAPTER 95
HB 1452-FN – FINAL VERSION
17Feb2010… 0264h
2010 SESSION
03/09
HOUSE BILL 1452-FN
COMMITTEE: Criminal Justice and Public Safety
This bill makes various changes to laws governing operation, prohibitions, penalties, and out-of-service orders applicable to commercial motor vehicle operators.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0264h
10-2047
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to commercial motor vehicle operation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
95:1 Definitions; Serious Traffic Violation. Amend RSA 259:98-a, III-IV to read as follows:
III. A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person; [or]
IV. Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, which pursuant to rules adopted under RSA 541-A is determined to be serious, such as but not limited to: vehicular homicide, manslaughter, or similar offense resulting from operation of a motor vehicle; driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug; and leaving the scene of a motor vehicle collision resulting in death or personal injury to any person[.];
V. Driving a commercial motor vehicle without obtaining a commercial driver license;
VI. Driving a commercial motor vehicle without a commercial driver license in the driver’s possession, unless the driver provides proof to the court or the arresting officer’s agency by the scheduled court date or date for fine payment that he or she held a valid commercial driver license on the date the citation was issued;
VII. Driving a commercial motor vehicle without the proper class of commercial driver license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported;
VIII. Driving a commercial motor vehicle in violation of RSA 265:25; or
IX. Driving a commercial motor vehicle in violation of RSA 265:24, I.
95:2 Disqualification and Out-of-Service Orders. Amend RSA 263:93-a, I-II to read as follows:
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] shall be suspended for [90] not less than 180 days nor more than one year for a first offense, for [one year] not less than 2 years nor more than 5 years for a second offense within a 10-year period, or for not less than 3 years nor more than 5 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] shall be suspended for not less than 180 days nor more than 2 years for a first offense, or for not less than 3 years nor more than 5 years for a second or subsequent offense within a 10-year period.
95:3 New Section; Commercial Licensing; Administrative Fines. Amend RSA 263 by inserting after section 93-b the following new section:
263:93-c Administrative Fines.
I. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not less than $2,500 for a first offense and not less than $5,000 for a second or subsequent offense upon any driver who violates or fails to comply with an out-of-service order.
II. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of not less than $2,750 and not more than $25,000 upon any employer who violates 49 C.F.R. section 383.37(c) by knowingly allowing a driver to violate an out-of-service order.
95:4 Serious Violations. RSA 263:94 is repealed and reenacted to read as follows:
263:94 Violations; Penalties; Serious Violations.
I. A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department of:
(a) A conviction within this or any other jurisdiction of driving a motor vehicle under the influence of alcohol or any drug;
(b) A conviction within this or any other jurisdiction of driving a commercial motor vehicle while the alcohol concentration in the person’s system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person’s system is 0.08 or more, or is 0.02 or more if the person is under age 21 as determined by testing methods approved by law in this state or any other state or jurisdiction;
(c) A first conviction within this or any other jurisdiction of leaving the scene of an accident involving a motor vehicle driven by the person;
(d) A first conviction within this or any other jurisdiction of using a motor vehicle in the commission of a felony;
(e) A first instance of refusing to submit to a test or tests under the implied consent laws in this or any other jurisdiction to determine the driver’s alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) A first conviction within this or any other jurisdiction of driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle; or
(g) A first conviction within this or any other jurisdiction of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
II. If any of the violations in paragraph I occurred while transporting hazardous material, the person is disqualified for a period of not less than 3 years.
III. A person is disqualified from driving a commercial motor vehicle for life if it has been determined that the person has been convicted of 2 or more violations of any of the offenses specified in paragraph I or of a subsequent instance of refusing to submit to a test as described in subparagraph I(e), or any combination of those offenses, arising from 2 or more separate incidents.
IV. The commissioner may adopt rules, in accordance with RSA 541-A and pertinent federal regulations, establishing guidelines, including conditions under which a disqualification for life under paragraph III may be reduced to a period of not less than 10 years.
V. A person is disqualified from driving a commercial motor vehicle for life who is convicted in this or any other jurisdiction of using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by RSA 318-B:1.
VI.(a) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of 2 serious traffic violations, as defined in RSA 259:98-a, or 120 days if convicted of 3 serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period.
(b) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of any combination of 2 serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, provided the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement.
(c) A person is disqualified from driving a commercial motor vehicle for a period of not less than 120 days if convicted of any combination of 3 or more serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, and the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement.
VII. Prior to disqualifying a driver under this section, the commissioner shall provide the driver with notice and an opportunity for a hearing.
95:5 New Section; Railroad Crossing Penalties. Amend RSA 265 by inserting after section 52 the following new section:
265:52-a Penalty for Violation of Railroad Crossing Provision by Commercial Drivers.
I. In addition to the penalties in RSA 265:52, a person is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph II if he or she is convicted of one of the following offenses at a railroad grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
(a) For commercial drivers who are not required to stop at all railroad grade crossings, failing to slow down and check that the tracks are clear of an approaching train.
(b) For commercial drivers who are not required to stop at all railroad grade crossings, failing to stop before reaching the crossing, if the tracks are not clear.
(c) For commercial drivers who are required to stop at all railroad grade crossings, failing to stop before driving onto the crossing.
(d) For all commercial drivers, failing to have sufficient space to drive completely through the crossing without stopping.
(e) For all commercial drivers, failing to obey a traffic control device or the directions of a law enforcement officer at the crossing.
(f) For all commercial drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
II. A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than 60 days if the driver is convicted of or is found to have committed a first offense of a railroad grade crossing violation.
(b) Not less than 120 days if the driver is convicted of a second railroad grade crossing violation in separate incidents within a 3-year period.
(c) Not less that one year if the driver is convicted of a third or subsequent railroad grade crossing violation in separate incidents within a 3-year period.
95:6 Commercial Licensing; Penalties; Driving Under the Influence. RSA 265-A:23 is repealed and reenacted to read as follows:
265-A:23 Commercial Licensing; Penalties; Driving Under the Influence. Any person who is the holder of a commercial driver license or commercial endorsement or was required by law at the time to have a commercial driver license or endorsement and who is convicted of violating RSA 265-A:2 or RSA 265-A:3, or who drives a commercial vehicle with an alcohol concentration of 0.04 or greater shall in addition to the penalties provided in this chapter be subject to the additional penalties and sanctions provided in RSA 263:94.
95:7 Effective Date. This act shall take effect January 1, 2011.
Approved: May 25, 2010
Effective Date: January 1, 2011