Text to be removed highlighted in red.
1 New Subdivision; Excessive Speeding. Amend RSA 265 by inserting after section 67 the following new subdivision:
Excessive Speeding
265:67-a Definitions.
I. "Intelligent speed assistance (ISA) device" means an aftermarket device that uses GPS to actively limit the vehicle's speed to posted or preset speed limits. Devices must be tamper-resistant and capable of reporting attempts to disable or circumvent functionality. Active "intelligent speed assistance device" does not include any technology that is provided by the vehicle manufacturer as a component of a new motor vehicle and that controls or affects the speed of a motor vehicle.
II. "Department" means the department of safety.
III. "Excessive speeding" means traveling over 100 miles per hour on controlled access roads or 50 miles per hour above the posted speed limit on secondary roads.
IV. "Eligible offender" means a person whose license is suspended due to a conviction or administrative finding of excessive speeding, racing pursuant to RSA 265:75, or reckless driving where speed was a factor, or a person who has exceeded more than a determined number of speeding tickets per year, as defined by rule.
265:67-b Data Collection.
I. All data collected under this subdivision shall be securely maintained by the ISA device provider. Data related to violations involving tampering with, circumventing, or removing the ISA device may be shared with the department or the court that ordered the installation of the device.
II. Data collected under this subdivision may only be shared under the following circumstances:
(a) When required by a court order;
(b) As directed by a state statute or regulation;
(c) With the department or the ordering court in cases involving violations for tampering with, circumventing, or removing the device; or
(d) If the data is depersonalized and aggregated for research or evaluation purposes, such as assessing the effectiveness of ISA offender programs in collaboration with third parties.
265:67-c Use of ISA Devices.
I. The department may require installation and use of an ISA device as a condition for license reinstatement for any eligible offender.
II. If a person's license has been suspended under this subdivision, the terms of restricted or revoked license reinstatement may require the person to use a properly functioning ISA device while operating a motor vehicle.
III. If a person has exceeded a defined number of speeding tickets per year, as determined by the department of safety through rules adopted pursuant to RSA 541-A, they may be subject to installing this device as a condition of keeping their license.
IV. A person subject to the requirements of this section shall not operate a motor vehicle without a properly functioning device for the duration of the restricted license.
V. A person subject to the requirements in this section shall provide proof of ISA installation to the department through a form approved by the department from an ISA vendor.
VI. The offender shall bear the cost of leasing, installing, and maintaining the ISA device, unless determined low income by the department, pursuant to RSA 265:67-d.
VII. The ISA device shall be operational on any vehicle the offender operates for a period of not less than 12 months following reinstatement.
265:67-d Program Affordability.
I. The offender shall bear the cost of leasing, installing, and maintaining the ISA device, unless determined low income by the department and qualified to participate in an affordability program to partially offset the costs of the device. Persons meeting this standard shall receive discounts for installation of the device and removal of the device and a discount on the monthly device lease rate.
II. Persons applying for low income status shall be deemed to qualify for such status if:
(a) They show proof of enrollment in any of the following public assistance programs:
(1) Temporary Assistance for Needy Families (TANF);
(2) Supplemental Security Income (SSI);
(3) Supplemental Nutritional Assistance Program (SNAP);
(4) Low Income Home Energy Assistance Program (LIHEAP); or
(b) The individual's household income is at or below 150 percent of the federal poverty level as documented.
265:67-e Certification and Installation.
I. To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a company shall apply to the department and meet the requirements as provided in this section.
II. An applicant seeking approval to install the device shall submit a declaration to the department that the device is an intelligent speed assistance device as defined in this subdivision.
III. To maintain eligibility under this section, a certified ISA or ignition interlock device provider or installer shall submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
IV. Only certified ISA devices and installers of ISA and ignition interlock devices may be used to meet the requirements of this subdivision.
V. The department shall adopt regulations pursuant to RSA 541-A governing the certification of ISA device providers and installers.
265:67-f Program Administration.
The department shall establish procedures for:
I. Notifying offenders of ISA requirements;
II. Verifying installation and continued functionality of ISA devices; and
III. Monitoring compliance and responding to violations.
265:67-g Penalties for Noncompliance.
I. A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is noncompliant if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(b) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
(c) Operates a vehicle without a required ISA device; or
(d) Fails to return the device to the vendor upon program completion.
II. Penalties for noncompliance under the section shall be subject to:
(a) Immediate re-suspension or revocation of driving privileges; and
(b) Extension of the ISA requirement for an additional 6 months;
III. If an individual is found to be noncompliant and chooses to instead cede all driving privileges, the individual's license shall be suspended or revoked entirely and shall submit an affidavit of compliance to the department.
IV. License reinstatement occurs when the user has satisfied the period of time required by the court or department to use the device without incurring additional time penalties or has completed the required time utilizing the device following additional time penalties, as specified in this section.
265:67-h Reporting and Evaluation; Rulemaking.
I. The department shall submit an annual report to the legislature summarizing program data, including recidivism rates, and user compliance.
II. The department may adjust implementation based on findings and emerging best practices in ISA technology.
III. The department may adopt rules under RSA 541-A to implement the provisions of this subdivision.
265:67-i Limitation of Liability.
I. A manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an aftermarket intelligent speed assistance device. However, liability shall exist if the manufacturer, distributor, or retailer of a motor vehicle knowingly engages in a repair or update to the aftermarket intelligent speed assistance device and such repair or update proximately causes loss, injury, or damage.
II. Nothing in this chapter requires a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an aftermarket intelligent speed assistance device.
III. Nothing in this chapter prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an aftermarket intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.
2 New Paragraph; Reckless Driving. Amend RSA 265:79 by inserting after paragraph II the following new paragraph:
III. Upon any conviction under this sentence in which the court determines that speed was a factor, the court may order the defendant to participate in intelligent speed assistance device program administered by the department of safety under RSA 265:67-c following the period of license suspension.
3 New Paragraph; Racing on Highways. Amend RSA 265:75 by inserting after paragraph IV the following new paragraph:
V. Upon any conviction under this sentence, the court may order the defendant to participate in the intelligent speed assistance device program administered by the department of safety under RSA 265:67-c.
4 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Excessive Speeding. Amend RSA 265 by inserting after section 67 the following new subdivision:
Excessive Speeding
265:67-a Definitions.
I. "Intelligent speed assistance (ISA) device" means an aftermarket device that uses GPS to actively limit the vehicle's speed to posted or preset speed limits. Devices must be tamper-resistant and capable of reporting attempts to disable or circumvent functionality. Active "intelligent speed assistance device" does not include any technology that is provided by the vehicle manufacturer as a component of a new motor vehicle and that controls or affects the speed of a motor vehicle.
II. "Department" means the department of safety.
III. "Excessive speeding" means traveling over 100 miles per hour on controlled access roads or 50 miles per hour above the posted speed limit on secondary roads.
IV. "Eligible offender" means a person whose license is suspended due to a conviction or administrative finding of excessive speeding, racing pursuant to RSA 265:75, or reckless driving where speed was a factor, or a person who has exceeded more than a determined number of speeding tickets per year, as defined by rule.
265:67-b Data Collection.
I. All data collected under this subdivision shall be securely maintained by the ISA device provider. Data related to violations involving tampering with, circumventing, or removing the ISA device may be shared with the department or the court that ordered the installation of the device.
II. Data collected under this subdivision may only be shared under the following circumstances:
(a) When required by a court order;
(b) As directed by a state statute or regulation;
(c) With the department or the ordering court in cases involving violations for tampering with, circumventing, or removing the device; or
(d) If the data is depersonalized and aggregated for research or evaluation purposes, such as assessing the effectiveness of ISA offender programs in collaboration with third parties.
265:67-c Use of ISA Devices.
I. The department may require installation and use of an ISA device as a condition for license reinstatement for any eligible offender.
II. If a person's license has been suspended under this subdivision, the terms of restricted or revoked license reinstatement may require the person to use a properly functioning ISA device while operating a motor vehicle.
III. If a person has exceeded a defined number of speeding tickets per year, as determined by the department of safety through rules adopted pursuant to RSA 541-A, they may be subject to installing this device as a condition of keeping their license.
IV. A person subject to the requirements of this section shall not operate a motor vehicle without a properly functioning device for the duration of the restricted license.
V. A person subject to the requirements in this section shall provide proof of ISA installation to the department through a form approved by the department from an ISA vendor.
VI. The offender shall bear the cost of leasing, installing, and maintaining the ISA device, unless determined low income by the department, pursuant to RSA 265:67-d.
VII. The ISA device shall be operational on any vehicle the offender operates for a period of not less than 12 months following reinstatement.
265:67-d Program Affordability.
I. The offender shall bear the cost of leasing, installing, and maintaining the ISA device, unless determined low income by the department and qualified to participate in an affordability program to partially offset the costs of the device. Persons meeting this standard shall receive discounts for installation of the device and removal of the device and a discount on the monthly device lease rate.
II. Persons applying for low income status shall be deemed to qualify for such status if:
(a) They show proof of enrollment in any of the following public assistance programs:
(1) Temporary Assistance for Needy Families (TANF);
(2) Supplemental Security Income (SSI);
(3) Supplemental Nutritional Assistance Program (SNAP);
(4) Low Income Home Energy Assistance Program (LIHEAP); or
(b) The individual's household income is at or below 150 percent of the federal poverty level as documented.
265:67-e Certification and Installation.
I. To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a company shall apply to the department and meet the requirements as provided in this section.
II. An applicant seeking approval to install the device shall submit a declaration to the department that the device is an intelligent speed assistance device as defined in this subdivision.
III. To maintain eligibility under this section, a certified ISA or ignition interlock device provider or installer shall submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
IV. Only certified ISA devices and installers of ISA and ignition interlock devices may be used to meet the requirements of this subdivision.
V. The department shall adopt regulations pursuant to RSA 541-A governing the certification of ISA device providers and installers.
265:67-f Program Administration.
The department shall establish procedures for:
I. Notifying offenders of ISA requirements;
II. Verifying installation and continued functionality of ISA devices; and
III. Monitoring compliance and responding to violations.
265:67-g Penalties for Noncompliance.
I. A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is noncompliant if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(b) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
(c) Operates a vehicle without a required ISA device; or
(d) Fails to return the device to the vendor upon program completion.
II. Penalties for noncompliance under the section shall be subject to:
(a) Immediate re-suspension or revocation of driving privileges; and
(b) Extension of the ISA requirement for an additional 6 months;
III. If an individual is found to be noncompliant and chooses to instead cede all driving privileges, the individual's license shall be suspended or revoked entirely and shall submit an affidavit of compliance to the department.
IV. License reinstatement occurs when the user has satisfied the period of time required by the court or department to use the device without incurring additional time penalties or has completed the required time utilizing the device following additional time penalties, as specified in this section.
265:67-h Reporting and Evaluation; Rulemaking.
I. The department shall submit an annual report to the legislature summarizing program data, including recidivism rates, and user compliance.
II. The department may adjust implementation based on findings and emerging best practices in ISA technology.
III. The department may adopt rules under RSA 541-A to implement the provisions of this subdivision.
265:67-i Limitation of Liability.
I. A manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an aftermarket intelligent speed assistance device. However, liability shall exist if the manufacturer, distributor, or retailer of a motor vehicle knowingly engages in a repair or update to the aftermarket intelligent speed assistance device and such repair or update proximately causes loss, injury, or damage.
II. Nothing in this chapter requires a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an aftermarket intelligent speed assistance device.
III. Nothing in this chapter prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an aftermarket intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.
2 New Paragraph; Reckless Driving. Amend RSA 265:79 by inserting after paragraph II the following new paragraph:
III. Upon any conviction under this sentence in which the court determines that speed was a factor, the court may order the defendant to participate in intelligent speed assistance device program administered by the department of safety under RSA 265:67-c following the period of license suspension.
3 New Paragraph; Racing on Highways. Amend RSA 265:75 by inserting after paragraph IV the following new paragraph:
V. Upon any conviction under this sentence, the court may order the defendant to participate in the intelligent speed assistance device program administered by the department of safety under RSA 265:67-c.
4 Effective Date. This act shall take effect January 1, 2027.