SB 738-FN - AS INTRODUCED
SENATE BILL 738-FN
SPONSORS: Sen. Birdsell, Dist 19; Sen. Ward, Dist 8; Sen. Watters, Dist 4
This bill provides the suspension or revocation of motor carrier certificates for default, noncompliance, or nonpayment of fines.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
1 New Section; Motor Carriers of Passengers; Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend RSA 376 by inserting after section 10 the following new section:
376:10-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine.
I. Except as provided in paragraph III, a motor carrier's certificate shall be suspended or revoked, upon written order of the director, whenever such motor carrier:
(a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined it is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction.
II. Any suspension or revocation described in paragraph I shall be effective 30 days after any default or revocation described in subparagraphs I(a)-(c).
III. If a motor carrier receives a summons in hand from a law enforcement officer, no further notification to such a motor carrier is required before the suspension of its certificate occurs as provided in subparagraph I(c). If a motor carrier receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such motor carrier by certified mail at its last known address that its certificate shall be suspended 30 days after the mailing of such notification.
IV. The department shall cause written notice to be sent to any motor carrier that defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any motor carrier that defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.
V.(a) If such motor carrier fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or paragraph III of this section, or fails to demonstrate that the motor carrier is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such motor carrier's certificate effective from the applicable date for an indefinite period and mark the motor carrier's files accordingly.
(b) The director may report the names of all motor carriers whose certificate has been suspended or revoked under this section, due to nonpayment, to a consumer reporting agency as defined in RSA 359-B:3.
VI. Except as provided in paragraph VII, any motor carrier whose certificate has been suspended or revoked pursuant to paragraph V shall be reinstated upon:
(a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5); and
(b) Appearance by such motor carrier, payment of its fine, or compliance with the order of the director, as applicable, or upon demonstration that such motor carrier is financially unable to pay the fine or to comply with the order. Any court which has ordered a motor carrier's certificate suspended pursuant to paragraph V shall vacate the order and so notify the director and the affected motor carrier immediately after such motor carrier has appeared or paid its fine, as applicable, or has demonstrated that it is financially unable to pay the fine or to comply with the order.
VII. No motor carrier whose certificate has been suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.
VIII. Nothing shall prevent any motor carrier affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief.
IX. The provisions of this section shall be the primary sanction for motor carriers who fail to appear, pay a fine or other penalty, or comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for motor carriers who fail to appear, pay a fine or other penalty, or comply with an order of the director or a court.
X. Notwithstanding the provisions of RSA 541-A:30, the director may order the suspension of a motor carrier's certificate in their discretion, and without a hearing, whenever the director has reason to believe that the motor carrier is a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct; and the certificate shall not be reissued unless, upon examination or investigation, or after hearing, the director determines that the motor carrier should again be permitted to allow a commercial motor vehicle to be driven. Provided, however, that if the director revokes or suspends a motor carrier's certificate under the provisions hereof, said motor carrier, upon a written application to the department, shall be granted a hearing by the department within 15 days after the filing of said application.
XI. Any motor carrier whose certificate has been suspended or revoked pursuant to paragraph I or X, shall be subject to a fine of $500 plus penalty assessment. A law enforcement officer may order the removal of a commercial motor vehicle driven in violation of paragraph I or X at the motor carrier's expense.
SB 738-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ X ] Highway [ X ] Other - Cost of Collections/Administration*, Victims' Assistance Fund, Judicial Branch IT Fund
*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 provides for the suspension or revocation of a motor carrier's certificate upon written order of the director of motor vehicles whenever a motor carrier defaults on an arraignment or other scheduled court appearance, fails to pay a fine or other penalty or pays with a bad check, or fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction. The Department of Safety states motor carrier certificates are currently not identified in its system and estimates it would incur expenditures of approximately $500,000 in FY 2021 for programming changes needed across multiple systems: $300,000 for the MAAP system, $150,000 for the VISION system, and $50,000 for the SPOTS system. In addition to system programming costs, the Department expects this bill would result in an increase in postage costs relative to sending certified mail notifications to any motor carrier where a summons is not served by hand by a law enforcement agency. These costs are indeterminable as the number of notices cannot be estimated.
Any reinstatement fee or suspension/revocation fine revenue collected would be credited to the highway fund with penalty assessment distributed between the general fund (66.66%), victims’ assistance fund (16.67%), and Judicial Branch information technology fund (16.67%). Total potential revenue is indeterminable.
Department of Safety
|Feb. 4, 2020||Senate||Hearing|
|March 5, 2020||Senate||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Transportation; SJ 2|
|Feb. 4, 2020||Hearing: 02/04/2020, Room 103, LOB, 03:00 pm; SC 4|
|March 5, 2020||Committee Report: Ought to Pass with Amendment # 2020-0757s, 03/05/2020; SC 9|