CHAPTER 282

HB 1236 – FINAL VERSION

05Mar2008… 0030h

05/15/08 1433s

05/15/08 1895s

04Jun2008… 2006cofc

2008 SESSION

08-2367

09/04

HOUSE BILL 1236

AN ACT relative to motor vehicle laws.

SPONSORS: Rep. R. Williams, Merr 11

COMMITTEE: Transportation

ANALYSIS

This bill makes a variety of changes in the motor vehicle laws.

This bill was requested by the department of safety.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0030h

05/15/08 1433s

05/15/08 1895s

04Jun2008… 2006cofc

08-2367

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to motor vehicle laws.

Be it Enacted by the Senate and House of Representatives in General Court convened:

282:1 Definition; Commercial Motor Vehicle. Amend the introductory paragraph of RSA 259:12-e, I to read as follows:

I. “Commercial motor vehicle” shall mean a motor vehicle or a combination of motor vehicles, used in commerce, designed or used to transport passengers or property if:

282:2 Members of Armed Services; Government Employees Deployed Abroad; Domestic Partners. RSA 261:45-a is repealed and reenacted to read as follows:

261:45-a Members of Armed Services; Government Employees Deployed Abroad; Registration; Residency.

I. Any resident of this state who is on active duty to the armed forces of the United States, or who is employed by the State Department or other agency of the United States government shall not be considered as having lost residence when the sole reason for the person’s absence is compliance with military or naval orders or federal agency orders that require deployment outside of the United States.

II. For the purposes of this chapter, the spouse or domestic partner of any resident of this state on active duty in the armed forces of the United States or the spouse or domestic partner of any employee of the State Department or other agency of the United States government, accompanying their spouse or domestic partner on an assignment abroad, may elect to register as a New Hampshire resident if the spouse or domestic partner has previously established residency in New Hampshire.

282:3 Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers. Amend RSA 261:177, I(a) to read as follows:

(a) Suspend or revoke any dealer’s, utility dealer’s, automotive recycling dealer’s, transporter’s, or repairer’s registration, license, or privileges and may prohibit an owner, partner, or officer from opening any other type of dealership for a period of time not to exceed 5 years; or

282:4 Members of Armed Services; Government Employees Deployed Abroad; Residency. RSA 263:5-b, I and II are repealed and reenacted to read as follows:

I. Any resident of this state who is on active duty to the armed forces of the United States, or who is employed by the State Department or other agency of the United States government shall not be considered as having lost residence when the sole reason for the person’s absence is compliance with military or naval orders or federal agency or state department orders that require deployment outside of the United States.

II. A resident of this state, who has previously established residency in New Hampshire, on active duty in the armed forces of the United States or employed by the State Department or other agency of the United States government or the spouse or domestic partner of such person accompanying their spouse or domestic partner on an assignment abroad, who has previously established residency in New Hampshire, may elect to obtain a New Hampshire driver’s license by applying in person to the department and may renew such license one time by mail, provided a photo identification is on file with the department, after which the second renewal shall be made in person.

282:5 On-Line License Renewal. Amend RSA 263:10 to read as follows:

263:10 License Expiration.

I. Except as provided in RSA 263:14 and RSA 263:39-a, III, all licenses shall expire on the fifth anniversary of the license holder’s date of birth following the date of issuance. The department shall notify each holder of a license by mail addressed to the holder’s last known address, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new license.

II. Notwithstanding paragraph I, the director may adopt rules pursuant to RSA 541-A providing for the renewal of driver licenses by applicants on-line rather than by appearing in person; provided that the applicant is otherwise eligible for license renewal, is not required to submit to a road test under the provisions of RSA 263:7, has submitted proof sufficient to the director that he or she meets the visual acuity requirements for licensing, and has a computerized image on file with the division. A license may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a licensing facility.

282:6 New Paragraph; Vessel Registration Fees; Refunds. Amend RSA 270-E:5 by inserting after paragraph III the following new paragraph:

IV. The department may issue refunds to registrants in cases where a registrant has inadvertently registered the same vehicle twice within the same registration period or has overpaid a registration fee.

282:7 New Motor Vehicle Arbitration Board; Term Limitation Removed. Amend RSA 357-D:5, I to read as follows:

I. There is created a New Hampshire new motor vehicle arbitration board consisting of 5 members and 3 alternate members to be appointed by the governor and council. Terms of members shall be for 3 years. [Board members may be appointed for no more than 2 terms.] One member and one alternate of the board shall be new car dealers in New Hampshire, one member and one alternate shall be persons knowledgeable in automobile mechanics, and 3 members and one alternate shall be persons who represent consumers and have no direct involvement in the design, manufacture, distributions, sales or service of motor vehicles or their parts. Three members of the board shall constitute a quorum. Members shall be paid $50 per diem plus mileage.

282:8 Repeal. RSA 261:103-a, III, relative to financial information to be provided with motor vehicle dealer license applications, is repealed.

282:9 Equipment Waiver for the Disabled. Amend RSA 266:61-a, VII to read as follows:

VII. The waiver granted by the commissioner or his designee shall be for a period not to exceed 2 years; except in any case where a licensed physician documents a lasting medical necessity, in which case the waiver shall be for a period not to exceed 4 years. The applicant may reapply for the waiver before such period expires.

282:10 New Motor Vehicle Arbitration; Definitions. Amend RSA 357-D:2, X(a) and (b) to read as follows:

(a) A motor vehicle, as defined in RSA 259:60, of the private passenger or station wagon type with a gross weight not exceeding [9,000] 11,000 pounds that is purchased or leased by a consumer; or

(b) Any other 4-wheel motor vehicle with a gross weight not exceeding [9,000] 11,000 pounds, except tractors, and mopeds; or

282:11 Motorcycle Rider Education Program. Amend RSA 263:34-b, IV to read as follows:

IV. Rider training courses shall be open to all residents of the state who either hold a current valid driver’s license for any classification or who are eligible for a motorcycle learner’s permit. The director may allow residents of other states who hold a current valid driver’s license to take a rider training course only if an adequate number of rider training courses have been provided for New Hampshire residents.

282:12 Effective Date.

I. Section 11 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: June 27, 2008

Effective Date: I. Section 11 shall take effect June 27, 2008.

II. Remainder shall take effect August 26, 2008.