CHAPTER 71
HB 451 - FINAL VERSION
8Mar2017... 0402h
2017 SESSION
17-0482
03/01
HOUSE BILL 451
SPONSORS: Rep. Packard, Rock. 5; Rep. T. Walsh, Merr. 24; Rep. Steven Smith, Sull. 11; Rep. D. Thomas, Rock. 5
COMMITTEE: Transportation
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This bill modifies provisions relating to motorcycle licensing and relating to moped operation. This bill also postpones the implementation date for enhanced drivers' licenses and identification cards to January 1, 2018.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0402h 17-0482
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
71:1 Motorcycle License. Amend RSA 263:30, I to read as follows:
I. No person [to whom a driver's license of any class or category has been issued] may drive any [registered] motorcycle unless he or she holds a [special] motorcycle license or endorsement, a 3-wheeled motorcycle endorsement, or a motorcycle learner's permit. A person who holds a [special] motorcycle license or endorsement or a motorcycle learner's permit may drive any registered 2-wheeled or 3-wheeled motorcycle without holding any other class of driver's license. A person who holds a restricted 3-wheeled motorcycle endorsement may drive any registered 3-wheeled motorcycle without holding any other class of driver's license, but shall not drive any 2-wheeled motorcycle.
71:2 Waiver of Driving Examination. Amend RSA 263:31 to read as follows:
263:31 [Special] Motorcycle Licenses; Waiver of Driving Examination. The department shall cause to be issued a [special] motorcycle license for persons without a driver's license or an endorsement on the driver's license for persons who have a driver's license, for all applicants who successfully complete the requirements for a motorcycle license. The department shall cause to be issued a [3-wheeled motorcycle endorsement on the driver's license] restricted motorcycle license for persons who have a driver's license, for all applicants who successfully complete the requirements for a [3-wheeled] restricted motorcycle endorsement. Applicants for such license or endorsement shall furnish proof of their fitness to drive a motorcycle as the director shall in his or her discretion determine. Such proof shall include the applicant's passing a driver examination conducted on a motorcycle. The examination for a [special] restricted motorcycle endorsement and the examination for a 3-wheeled motorcycle [endorsement] restriction shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate safely the specific type of motorcycle for which the [endorsement] restriction is issued. The director may waive the requirement for such a driving examination upon receipt of adequate evidence of experience in driving a motorcycle by an applicant under such rules as the director may deem necessary, or proof that the applicant has successfully completed a state-approved motorcycle rider education course. No person may take the motorcycle driver examination more than twice; any person who fails to pass the examination twice shall be required to successfully complete the motorcycle rider education program under RSA 263:34-b. No person shall drive a motorcycle on a way of this state, unless such person is duly licensed to drive a motorcycle by a [special] motorcycle license, restricted motorcycle license, or endorsement issued under this section, or holds a permit under RSA 263:32. No person shall knowingly authorize or allow the driving of a motorcycle owned by him or her or in his or her charge on a way of this state by any person who does not hold a [special] motorcycle license, restricted motorcycle license, or endorsement or motorcycle learner's permit.
71:3 Mopeds. Amend RSA 263:33 through RSA 263:33-b to read as follows:
263:33 Driving Mopeds. No person may drive a moped upon any way in this state unless he or she holds a current valid driver's license issued by any state, a [special] motorcycle license issued pursuant to RSA 263:31 or a [special moped] restricted motorcycle license. A person who holds a [special moped license] restricted motorcycle license may drive any moped without holding any other class of driver's license.
263:33-a [Special] Moped [Licenses] License; Driving Mopeds. The department shall cause to be issued a [special] restricted license for persons without a driver's license or [special] motorcycle license for all applicants who successfully complete the requirements for a [moped] restricted license. Applicants for such license shall be required to pass a written examination prepared by the director. No person shall drive a moped on a way of this state unless such person possesses a driver's license or [special] restricted motorcycle license or is duly licensed to drive a moped by a [special moped] license issued under this section. No person shall knowingly authorize or allow the driving of a moped owned by [him] the person or in his or her charge on a way of this state by any person who does not hold a driver's license, a [special] motorcycle license, or a [special] moped restricted motorcycle license.
263:33-b Applicability to Mopeds. Notwithstanding any other provision of law to the contrary, the holder of a [special moped] restricted motorcycle license shall be subject to all of the provisions of this title relative to licenses to which motorcycle licensees are subject including, but not limited to, revocation and suspension provisions and offenses related to the possession or failure to possess a license or permit.
71:4 Enhanced Licenses and Cards; Implementation Date. Amend 2016, 71:17, II to read as follows:
II. The department shall commence issuance of enhanced nondrivers' picture identification cards and enhanced drivers' licenses by [July 1, 2017] January 1, 2018.
I. Sections 1-3 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: June 02, 2017
Effective Date:
I. Sections 1-3 shall take effect August 1, 2017.
II. Remainder shall take effect June 2, 2017
| Date | Body | Type |
|---|---|---|
| Feb. 14, 2017 | House | Hearing |
| Feb. 22, 2017 | House | Exec Session |
| March 8, 2017 | House | Floor Vote |
| April 4, 2017 | Senate | Hearing |
| April 20, 2017 | Senate | Floor Vote |
June 2, 2017: Signed by Governor Sununu 06/02/2017; Chapter 71; I. Sec. 1-3 Eff. 8/1/2017 ; II. Rem. Eff. 6/2/2017
April 20, 2017: Enrolled 04/20/2017 HJ 14 P. 26
April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16
April 20, 2017: Ought to Pass: MA, VV; OT3rdg; 04/20/2017; SJ 14
April 20, 2017: Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 4, 2017: Hearing: 04/04/2017, Room 103, LOB, 01:30 pm; SC 17
March 9, 2017: Introduced 03/09/2017 and Referred to Transportation; SJ 9
March 8, 2017: Ought to Pass with Amendment 0402h: MA VV 03/08/2017 HJ 9 P. 48
March 8, 2017: Amendment # 2017-0402h: AA VV 03/08/2017 HJ 9 P. 48
March 8, 2017: Committee Report: Ought to Pass with Amendment # 2017-0402h (NT) for 03/08/2017 (Vote 13-0; CC)
Feb. 22, 2017: Executive Session: 02/22/2017 03:30 PM LOB 203
Feb. 14, 2017: ==RESCHEDULED== Public Hearing: 02/14/2017 10:20 AM LOB 203
Feb. 15, 2017: ==CANCELLED== Public Hearing: 02/15/2017 10:30 AM LOB 203
Jan. 5, 2017: Introduced 01/05/2017 and referred to Transportation HJ 3 P. 13