Revision: May 22, 2020, 1:54 p.m.
HB 1622-FN-LOCAL - AS AMENDED BY THE HOUSE
HOUSE BILL 1622-FN-LOCAL
SPONSORS: Rep. Cleaver, Hills. 35; Rep. Vail, Hills. 30; Rep. Mulligan, Graf. 12; Rep. Knirk, Carr. 3
This bill requires that any person operating or riding as a passenger in a motor vehicle wear safety belts with certain exceptions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2020... 1130h 20-2668
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of RSA 265:107-a, [I-a] I.
265:107-a Passenger Restraints Required.
I. Any person operating a motor vehicle on a public way, and any passenger therein, shall wear a properly fastened safety belt that meets all applicable federal standards unless exempted in this section.
II. No person shall drive any motor vehicle on any way while carrying as a passenger a person less than 8 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 517.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.
III. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is a motorcycle as defined in RSA 259:63, is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 15 miles per hour, or is a vehicle that makes frequent stops, such as a United States Postal Service carrier or delivery carrier.
IV. A person shall not be guilty of a violation of this section if the person is a passenger in a motor vehicle for hire, such as a taxi or livery, that is regularly used for such purpose, is a passenger of an authorized emergency vehicle, or is a person with a mental or physical handicap which prevents the use of approved restraints, provided that such restriction is certified by a licensed physician or nurse practitioner.
V. Any driver who violates the provisions of this section shall be guilty of a violation and shall be subject to the following fines:
(a) $50 per offense.
(b) $25 per offense for each passenger not properly restrained in accordance with this section.
VI. The provisions of this section shall be enforceable only as a secondary offense when the police officer detains the driver for a suspected violation of another provision of Title XXI. A conviction for violating the provisions of this section shall not preclude any other offense for which violation of this section might constitute an element.
266:3-b Passenger Restraints.
I. Any motor vehicle operating on a public way shall be equipped with passenger restraints and shall be able to accommodate child safety restraint systems meeting all federal motor vehicle safety standards unless such vehicle was manufactured prior to January 1, 1968.
II. The director shall establish a procedure for the examination of passenger restraints on motor vehicles during the inspection required pursuant to RSA 266:1. The procedure shall confirm that passenger restraints meeting applicable federal motor vehicle safety standards are properly installed for the driver and each passenger of the vehicle being inspected.
HB 1622-FN-LOCAL- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-1130h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ X ] Highway [ X ] Other - Restricted - Cost of Collections*
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.
This bill requires that any person operating or riding as a passenger in a motor vehicle wear a safety belt, with certain exemptions, and creates a violation level offense with a fine ($50 for driver and $25 for each passenger). There is no method to determine how many charges, would be brought as a result of bill to determine the fiscal impact on state revenue.
The Judicial Branch estimates average cost of violation level cases to be $52 in FY 2021 and $54 in FY 2022. It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Additionally, the Department of Safety expects it would incur minimal (under $10,000) in costs in FY 2021 relative to system and uniform fine schedule changes needed to implement this bill.
Judicial Branch and Department of Safety