TITLE XXI
MOTOR VEHICLES
Chapter 261
CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES
Certificate of Title
Section 261:1
261:1 When Certificate Required. –
Except as provided in RSA 261:3, the provisions of this chapter shall apply to all motor vehicles when a change of registration is required under the provisions of this chapter by reason of a sale for consideration. The department shall not require an application for a certificate of title upon the renewal of the registration, if required, of a vehicle. The department shall note on the face of the registration, if required, of each vehicle for which a certificate of title has been issued a statement to that effect.
Source. RSA 269-A:5. 1967, 357:1. 1979, 404:3. 1981, 146:1. 1983, 230:12, eff. Aug. 17, 1983.
Section 261:2
261:2 Final Date. –
No motor vehicle may be registered in this state, except those exempted pursuant to the provisions of RSA 261:3, unless a certificate of title shall be issued and in force relative to the same pursuant to the provisions of this chapter.
Source. RSA 269-A:47. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:2-a
261:2-a Registration of Certain Title Exempted Vehicles. –
Notwithstanding the provisions of RSA 261:2 and RSA 261:148, no person shall register a motor vehicle exempted under RSA 261:3, I(k) in this state without first providing a previously issued, current or expired New Hampshire certificate of registration, a valid New Hampshire or out-of-state certificate of title, an application for a certificate of title, or a current New Hampshire vehicle identification number verification form as prescribed by the director. For the purposes of this section, a temporary registration issued pursuant to RSA 261:57 does not meet the requirement of a previously issued New Hampshire certificate of registration. The town or city clerk that issues the permit shall copy the bill of sale and the New Hampshire certificate of registration or the certificate of title for their records, but shall return the original bill of sale and the New Hampshire certificate of registration or the certificate of title to the person registering the vehicle upon issuing the permit. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Source. 2000, 90:1. 2002, 253:1, eff. July 16, 2002. 2014, 278:2, eff. Sept. 26, 2014. 2017, 31:1, eff. May 9, 2017.
Section 261:3
261:3 Exempted Vehicles. –
I. No certificate of title need be obtained for:
(a) A vehicle owned by the United States or owned or operated by the New Hampshire National Guard;
(b) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing;
(c) A vehicle owned by a nonresident of this state and not required by law to be registered in this state;
(d) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
(e) A vehicle moved solely by animal power;
(f) An implement of husbandry;
(g) Special mobile equipment;
(h) A self-propelled wheelchair or invalid tricycle;
(i) A snowmobile as defined in RSA 259:102;
(j) Trailers with gross weight of less than 3,001 pounds;
(k) Any motor vehicle whose manufacturer's model year is before the year 2000, except heavy trucks and truck-tractors whose gross vehicle weight exceeds 18,000 pounds.
(l) A roadable aircraft as defined in RSA 259:91-a.
II. RSA 262:1 to 5 inclusive do not apply to:
(a) A vehicle moved solely by animal power;
(b) An implement of husbandry;
(c) Special mobile equipment;
(d) A self-propelled wheelchair or invalid tricycle.
Source. RSA 269-A:2. 1967, 357:1. 1969, 488:3; 504:1, 2. 1977, 458:1. 1981, 146:1. 1989, 54:1. 1998, 202:1-5. 2006, 90:11, eff. July 1, 2006 at 12:01 a.m. 2014, 262:1, eff. Jan. 1, 2015. 2020, 33:32, eff. Sept. 22, 2020.
Section 261:4
261:4 Application for Certificate. –
I. The application for the first certificate of title of a vehicle in this state shall be made by the owner to the department on the form the director prescribes and shall contain:
(a) The name, residence and mailing address of the owner;
(b) A description of the vehicle including, so far as the following data exists, its make, model, vehicle identification number, model year, type of body, the number of cylinders and whether new or used;
(c) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements and, if a new vehicle, the application shall be accompanied by the manufacturer's or importer's certificate of origin; and
(d) Any further information the director reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
II. If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement and be signed by the dealer as well as the owner, and the dealer shall within 10 days of the date of sale mail or deliver to the department the application and other supporting documents as required by the director, except when the title is in the possession of a lienholder at the time of sale in which event the dealer shall have 40 days from the date of sale to mail or deliver to the department the application and other supporting documents as required by the director. A dealer who makes a courtesy delivery shall prepare the title application and supporting documents, but said delivery shall not be construed as a sale by the New Hampshire dealer.
III. If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
(a) Any certificate of title issued by the other state or country. Said certificate shall either be printed in the English language, or a notarized translation of the certificate shall be provided.
(b) Any other information and documents the director reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it.
(c) The certificate of a person authorized by the director that the vehicle identification number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the director reasonably requires.
IV. The department shall furnish every town clerk and may furnish to certain dealers and financial institutions, forms for application for certificate of title and shall have such forms available at the office of the division. Said forms shall be prepared in typewritten form from information supplied by the owner, either by an employee of the division, town clerk, such dealer or such financial institution. Every application for certificate of title shall be examined by the town clerk to determine whether it has been completed according to law. For preparation, examination, record keeping, and filing of such forms as herein provided a town clerk shall be paid a fee of $2 by the owner of each application, which shall be in addition to any other fees required under the provisions of this chapter. For preparation of such forms and remittance of required fees by such a dealer or such a financial institution, said dealer or institution may charge a maximum fee of $2. In the event said dealer or institution charges more than said maximum, he or it shall be guilty of a violation.
V. If the application refers to a vehicle not purchased from a dealer, the application and other supporting documents as required by the director, shall within 20 days of the date of sale be mailed or delivered to the department by the owner.
Source. RSA 269-A:7. 1967, 357:1. 1969, 504:3-5. 1977, 196:1. 1979, 453:4. 1981, 77:2; 146:1. 1986, 117:4. 1989, 305:23. 1994, 42:1. 2008, 231:1, eff. Oct. 1, 2008.
Section 261:4-a
261:4-a Antique Motor Vehicle; Certificate of Title. –
Nothing in RSA 261:3 or RSA 261:4 shall prohibit the department from issuing a certificate of title for an antique motor vehicle upon the request of the vehicle owner. The commissioner shall adopt rules, under RSA 541-A, relative to the issuance of a certificate of title for an antique motor vehicle.
Source. 2002, 253:2, eff. July 16, 2002.
Section 261:5
261:5 Implement of Husbandry or Special Mobile Equipment. –
The owner of an implement of husbandry or special mobile equipment may apply for and obtain a certificate of title on it. All of the provisions of this subdivision are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this chapter is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property.
Source. RSA 269-A:6. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:6
261:6 Department to Check Vehicle Identification Number. –
The department, upon receiving application for a first certificate of title, shall check the vehicle identification number shown in the application against the records of vehicles required to be maintained by RSA 261:7 and against the record of stolen and converted vehicles required to be maintained by RSA 262:2. The director may require a New Hampshire vehicle identification number verification form to be completed prior to issuance of a title.
Source. RSA 269-A:8. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982. 2014, 278:3, eff. Sept. 26, 2014.
Section 261:7
261:7 Issuance of Certificate; Records. –
I. The department shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle.
II. The department shall maintain at its central office a record of all certificates of title issued by it:
(a) Under a distinctive title number assigned to the vehicle;
(b) Under the vehicle identification number;
(c) Alphabetically, under the name of the owner; and
(d) In the discretion of the director, by any other method he determines.
Source. RSA 269-A:9. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:8
261:8 Information in Certificate. –
I. Each certificate of title issued by the department shall contain:
(a) The date issued;
(b) The name and address of the owner;
(c) The names and addresses of any lienholders, in the order of priority as shown on the application, or, if the application is based on a certificate of title, as shown on the certificate;
(d) The title number assigned to the vehicle; and
(e) A general description of the vehicle.
II. The certificate of title shall contain forms for assignment and warranty of title by the owner and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest of a lienholder.
III. A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
IV. A certificate of title for a vehicle is not subject to garnishment, attachment, execution or other judicial process, but this paragraph does not prevent a lawful levy upon the vehicle.
Source. RSA 269-A:10. 1967, 357:1. 1981, 146:1. 1989, 305:2, eff. July 1, 1989.
Section 261:9
261:9 Mailing of Certificate. –
The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. In the event the lien has been satisfied by a dealer, the dealer becomes the owner and the state is authorized to mail the title to the dealer.
Source. RSA 269-A:11. 1967, 357:1. 1981, 146:1. 2002, 165:2, eff. July 1, 2002.
Section 261:10
261:10 Withholding of Certificate; Bond Requirement. –
If the director is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the director may register the vehicle but shall either:
I. Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the director as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or
II. As a condition of issuing a certificate of title, require the applicant to file with the department a bond in the form prescribed by the director and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 11/2 times the value of the vehicle as determined by the director and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 3 years or prior thereto if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover the bond.
Source. RSA 269-A:12. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:11
261:11 Refusal of Certificate. –
The department shall refuse issuance of a certificate of title if any required fee is not paid or if it has reasonable grounds to believe that:
I. The applicant is not the owner of the vehicle;
II. The application contains a false or fraudulent statement; or
III. The applicant fails to furnish required information or documents or any additional information the director reasonably requires.
Source. RSA 269-A:13. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:12
261:12 Duplicate Certificate. –
I. If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, or dealer who has purchased the vehicle, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the director.
II. The department shall not issue a new certificate of title to a transferee or dealer upon application made on a duplicate until 15 days after receipt of the application.
III. A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the department.
Source. RSA 269-A:14. 1967, 357:1. 1981, 146:1. 1989, 305:3. 1998, 202:6, eff. Aug. 17, 1998.
Section 261:13
261:13 Certificate of Origin. –
When a new vehicle is delivered in this state by the manufacturer to its agent or franchised dealer, the manufacturer shall execute and deliver to the agent or franchised dealer a certificate of origin in the form prescribed by the director, and no person shall bring into this state any new vehicle unless he or she has in his or her possession the certificate of origin as prescribed by the director. The certificate of origin shall contain the vehicle identification number of the motor vehicle, the name of the manufacturer, model year, year of manufacture, number of cylinders, a general description of the body, if any, and the type of model. When a new vehicle is sold in this state, the manufacturer, agent, or franchised dealer shall execute and deliver to the purchaser, in case of an absolute sale, assignment of the certificate of origin, or an acceptable form proving assignment approved by the director, or, if other than absolute sale, assignment of the certificate of origin subject to contract, signed or executed by the manufacturer, agent, or dealer, with the genuine names and business or residence addresses of both stated thereon, and certified to have been executed with full knowledge of the contents and with the consent of both purchaser and seller. No manufacturer, distributor, or manufacturer's authorized agent shall issue any duplicate, supplemental, or replacement certificate of origin unless the legend "duplicate" is placed on said certificate and the director is notified in writing of the circumstances under which said certificate was issued. A dealer registered under the provisions of RSA 261 who makes a courtesy delivery shall prepare the title application and supporting documents, but said delivery shall not be construed as a sale by the New Hampshire dealer.
Source. RSA 269-A:4. 1967, 357:1. 1979, 453:3. 1981, 77:1; 146:1. 1987, 263:1, eff. Jan. 1, 1988. 2015, 198:1, eff. Sept. 4, 2015.
Section 261:14
261:14 Transfer of Interest in Vehicle. –
I. If an owner transfers his interest in a vehicle, other than by the creation of a security interest, he shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the director prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
II. Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, either deliver the certificate to the transferee for delivery to the department or, upon receipt from the transferee of the owner's assignment, the transferee's application for a new certificate and the required fee, mail or deliver them to the department. The delivery of the certificate does not affect the rights of the lienholder under his security agreement.
III. If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of RSA 261:25.
IV. Except as provided in RSA 261:15 and as between the parties, a transfer by an owner is not effective until the provisions of this section and RSA 261:19 have been complied with; however, an owner who has delivered possession of the vehicle of the transferee and has complied with the provisions of this section and RSA 261:19 requiring action by him is not liable as owner for any damages thereafter resulting from driving of the vehicle.
Source. RSA 269-A:15. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:15
261:15 Resale by a Dealer. –
If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder within 10 days after delivery of the vehicle, the dealer need not send the certificate to the department but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, or if a franchised vehicle dealer an acceptable form proving assignment approved by the director, or if the title is held by a finance source show a copy of the title pending the original, and execute an acceptable form approved by the director proving assignment, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of the security agreement, in the spaces provided therefor on the certificate or as the director prescribes, and mail or deliver the certificate to the department with the transferee's application for a new certificate.
Source. RSA 269-A:16. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982. 2015, 198:2, eff. Sept. 4, 2015.
Section 261:16
261:16 Involuntary Transfers. –
I. If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in paragraph II, promptly mail or deliver to the department the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the director prescribes.
II. If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, his application for a new certificate in the form the director prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and other documents required to be sent to the director by the transferee.
III. A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the department upon request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate, and the action of the department issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.
Source. RSA 269-A:17. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:17
261:17 Joint Tenancy With Rights of Survivorship. –
Upon the death of a married resident owner of a motor vehicle registered in this state, said motor vehicle, if used for family purposes, shall be deemed to have been jointly held property with right of survivorship unless otherwise designated on the certificate of title, and the interest of said decedent shall pass to his or her surviving spouse.
I. Where a certificate of title has been issued on the vehicle the surviving spouse may transfer the vehicle pursuant to RSA 261:14 without obtaining a new certificate of title. The signature of the surviving spouse on the certificate and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle.
II. Where no certificate of title has been issued on the vehicle and where such transfer requires the issuance of a certificate of title, a first certificate of title shall be immediately issued to said spouse upon the following conditions; application shall be made to the department including information required by RSA 261:4, I(a) and (b), accompanied by:
(a) A copy of the death record; and
(b) The required fee.
III. Individuals who are joint owners may provide for survivorship. If their joint ownership is held by using "and" between their names, they may obtain title as joint tenants with rights of survivorship by designating this preference on their title application. If their joint ownership is held by using "or" between their names, no other designation is required. Upon the death of one of the owners, the surviving owner may transfer the vehicle pursuant to RSA 261:14 without obtaining a new title. The signature of the surviving owner on the record and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle. One of the joint owners may be a nonresident, who shall be exempt from the requirements of RSA 261:71 for the purposes of this section only.
Source. RSA 269-A:17-a. 1970, 28:2. 1981, 146:1; 425:1, 2. 1987, 263:2. 1997, 325:9. 1999, 79:1, eff. Jan. 1, 2000.
Section 261:18
261:18 Liens; Fee. –
In the case of a transfer of a motor vehicle under RSA 261:17 any lien on the motor vehicle shall be automatically continued. The fee for issuance of a certificate of title under RSA 261:17 shall be as provided in RSA 261:20.
Source. RSA 269-A:17-b. 1970, 28:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:19
261:19 Fee to Accompany Applications. –
I. An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the department.
II. An application for the naming of a lienholder or his assignee on a certificate of title shall be accompanied by the required fee when mailed or delivered to the department.
III. The provisions of this section shall not apply to motor vehicles owned by the state or any of its political subdivisions. These entities shall not be assessed any fee for a certificate of title for their respective motor vehicles.
Source. RSA 269-A:18. 1967, 357:1. 1981, 146:1. 1989, 54:2, eff. July 18, 1989.
Section 261:20
261:20 Fees. –
I. The department shall be paid the following fees:
(a) For filing an application for a first certificate of title, with or without a lienholder named, $25;
(b) For a certificate of title after a transfer, with or without a lienholder named, $25;
(c) For a duplicate certificate of title, $25;
(d) For an ordinary certificate of title issued upon surrender of a distinctive certificate, $20;
(e) For filing a notice of security interest, $20;
(f) For a certificate of search of the records of the division, for each name or identification number searched against, $20;
(g) For filing an assignment of security interest, $2;
(h) For issuing a distinctive New Hampshire number in place of a vehicle identification number, $30;
(i) For issuing a salvage vehicle decal pursuant to RSA 261:22, IV, $50.
II. If an application, certificate of title or other document required to be mailed or delivered to the department under any provision of this chapter is not delivered to the department within 20 days from the time it is required to be mailed or delivered, the department shall collect, as a penalty, an amount equal to the fee required for the transaction.
III. No fee shall be charged for a certificate of title to a motor vehicle owned by a veteran who is either an amputee or blind as a result of a service connected disability as certified by the Department of Veterans Affairs.
III-a. No fee shall be charged for a first certificate of title to a motor vehicle that has passed to a surviving spouse by rights of survivorship, provided that the application for the first certificate of title is in the surviving spouse's name alone and the application is made within 13 months of the decedent's date of death.
IV. Notwithstanding any other provision of law, the fees collected under RSA 261:20, I shall be deposited in the highway fund.
Source. RSA 269-A:28. 1967, 357:1. 1969, 504:7. 1977, 196:3; 563:77. 1978, 51:1. 1979, 358:9, II. 1981, 146:1; 568:32. 1983, 469:53. 1989, 305:21. 1990, 3:104. 2001, 139:3. 2002, 165:3-5. 2008, 237:5, eff. July 1, 2009.
Section 261:21
261:21 Issuance of New Certificate. –
I. The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
II. The department upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the department shall make demand therefor from the holder thereof.
III. The department shall file and retain for 5 years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.
Source. RSA 269-A:19. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:22
261:22 Destruction of Vehicles; Total Loss, Salvage, and Rebuilt Vehicles. –
I. (a) The owner of a facility where any motor vehicle is first crushed, shredded, baled, or sheared shall submit within 30 days to the National Motor Vehicle Title Information System (NMVTIS), supported by the United States Department of Justice, as required by federal law, an electronic file which shall also be sent to the department containing such information as is necessary to:
(1) Identify the vehicle when it was brought to the facility; and
(2) Provide contact information for all parties identified on the electronic file.
(b) For purposes of this section, "facility" means the motor vehicle salvage facility, as defined in RSA 149-M:4, XI-b, or other location at which a vehicle is crushed, shredded, baled, or sheared.
(c) The certificate of title for the vehicle shall be assigned to the facility and submitted to the department, unless one is not required for the vehicle under RSA 261:3, and any other information and documents the director reasonably requires.
(d) Any vehicle that has been crushed, shredded, baled, or sheared in the state shall be accompanied while being transported on the ways of the state by either a copy of the electronic report sent to NMVTIS or some alternative means, approved by the department, of certifying that such submission was made.
II. Any insurance firm or representative thereof who shall declare a motor vehicle other than an exempt vehicle as provided in RSA 261:3 as having been a total loss shall make application for a salvage certificate of title within 20 days of the total loss payment. Such application shall be accompanied by:
(a) Any certificate of title;
(b) Any other information and documents the director reasonably requires to establish ownership of the vehicle and the existence or nonexistence of security interest in it; and
(c) The required fee of $10.
II-a. With respect to a vehicle, other than an exempt vehicle as provided in RSA 261:3, which the vehicle owner has not chosen to retain, if an insurance firm or representative thereof is unable to obtain the documents prescribed by RSA 261:22, II(a) or (b) after 30 days from the total loss payment and makes the determination, at any time thereafter, that the insurance firm or representative thereof is unlikely to obtain the documents prescribed by RSA 261:22, II(a) or (b), the insurance firm or representative thereof may apply to the department for a salvage certificate of title in the name of the insurance firm without surrendering the certificate of title or other ownership documentation for the motor vehicle. The application shall be accompanied by evidence that the insurance firm has made a total loss payment for the vehicle, made to any lienholder on file with the department and, if applicable, to the vehicle owner, in accordance with the amounts and priorities of their respective interests, as well as a copy of a written request for the certificate of title sent to the vehicle owner and any lienholder on file with the department by the insurance firm or representative thereof, proof that the request was delivered by a nationally-recognized courier service or by certified mail to the last known address of the vehicle owner and any lienholder on file with the department, and the required fee of $10. The department shall process the application as provided in RSA 261:22, III, except that the department shall not require submission of the certificate of title or other ownership document for the motor vehicle. A salvage certificate of title issued pursuant to this paragraph shall be issued free and clear of all liens.
II-b. An applicant under RSA 261:22, II-a shall indemnify and hold harmless the department from any liability arising from an error or misrepresentation made by such applicant in a submission to the department pursuant to RSA 261:22, II-a.
III. The department shall file each application received and when satisfied as to its genuineness and regularity and when satisfied that the applicant is entitled to the issuance of a salvage certificate of title shall issue a salvage certificate of title of the vehicle to the owner. The salvage certificate of title shall serve as proof of ownership and shall contain a legend indicating that the vehicle has been declared a total loss. The department may adopt rules relative to the circumstances, if any, under which a salvage certificate of title should reflect any legend pertaining to recovered theft.
IV. If the department has issued a salvage certificate of title after the vehicle has been declared a total loss, the owner shall not apply for title or registration again until the vehicle has been inspected by the director or the director's authorized representative. The inspection of the vehicle shall include verification of the vehicle identification number and bills of sale or titles for major component parts used to rebuild the vehicle. When necessary for rebuilt vehicles, a new vehicle identification number shall be attached to the vehicle and shall take precedence over any other number that may be engraved on or attached to the vehicle. Any new title and registration issued for a rebuilt vehicle shall contain the legend "rebuilt vehicle." The department shall also issue a decal bearing the legend "salvage vehicle" which the title bureau investigator shall affix to the vehicle on the rear of the left front door post. Each "salvage vehicle" decal shall include a statement indicating that removing the decal or causing the decal to be removed is a misdemeanor under RSA 261:22, V.
IV-a. Before selling to any buyer any used vehicle, the title to which is required to be marked "salvage" pursuant to this section, or the title and the registration to which is required to be marked "rebuilt" pursuant to this section, the seller shall disclose to the buyer in writing that the vehicle is a salvage vehicle and the reasons for such designation. Failure to comply with the provisions of this paragraph shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
V. It shall be a misdemeanor for any person to remove or cause to be removed a "salvage vehicle" decal from a motor vehicle to which it has been affixed pursuant to paragraph IV. A bona fide purchaser for value of a motor vehicle which is not properly accompanied by the disclosure required by RSA 261:22, IV-a, or from which the seller has removed or caused to be removed a "salvage vehicle" decal in violation of this paragraph may rescind the purchase within 3 business days after receiving a certificate of title disclosing that the vehicle is a salvage vehicle or receiving a certificate of title or registration disclosing that the vehicle is a rebuilt vehicle.
VI. For purposes of this section, a total loss vehicle shall mean either an unrecovered stolen vehicle or a damaged vehicle:
(a) That is determined to be physically or economically impractical to repair in connection with an insurance claim settlement; or
(b) For which the cost of repairing the vehicle is 75 percent or more of its fair market value prior to the vehicle being damaged, if the damage occurs during its model year or the 4 subsequent calendar years. The total cost of repairing the vehicle shall not include the cost of repairing, replacing, or reinstalling inflatable safety restraints, tires, or entertainment systems.
Source. RSA 269-A:20. 1967, 357:1. 1971, 257:1. 1977, 451:1. 1981, 146:1; 479:15, 18. 1983, 351:1. 1989, 305:22. 2001, 119:1, 2. 2004, 96:1. 2005, 182:1. 2009, 18:1, 2, eff. Aug. 2, 2009. 2015, 25:1, eff. Jan. 1, 2016. 2017, 239:3, eff. July 1, 2017.
Section 261:23
261:23 Certain Liens and Security Interests Not Affected. –
This chapter does not apply to or affect:
I. A lien given by statute or rule of law to a supplier of services or materials for the vehicles;
II. A lien given by statute to the United States, this state or any political subdivision of this state;
III. A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest.
Source. RSA 269-A:3. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:23-a
261:23-a Terminal Rental Adjustment Clause; Vehicle Leases That are Not Sales or Security Interests. –
Notwithstanding any other provision of law, a transaction involving a motor vehicle or a trailer does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
Source. 1994, 395:2, eff. Jan. 1, 1995.
Section 261:24
261:24 Perfecting of Security Interest. –
I. Unless excepted by RSA 261:23, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this chapter.
II. A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if delivery is completed within 20 days thereafter, otherwise as of the time of the delivery.
III. If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
(a) If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within 30 days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state.
(b) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
(1) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this state;
(2) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for 4 months after a first certificate of title of the vehicle is issued in this state, and also thereafter if, within the 4-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the 4-month period; in that case perfection dates from the time of perfection in this state.
(c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.
(d) A security interest may be perfected under part (2) of subparagraph (b) of this paragraph or subparagraph (c) of this paragraph either as provided in paragraph II or by the lienholder delivering to the department a notice of security interest in the form the director prescribes and the required fee.
Source. RSA 269-A:21. 1967, 357:1. 1977, 196:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:25
261:25 Duties on Creation of Security Interest. –
If an owner creates a security interest in a vehicle:
I. The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the director prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, the application and the required fee to be delivered to the lienholder.
II. The lienholder shall immediately cause the certificate, the application and the required fee to be mailed or delivered to the department.
III. Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department or, upon receipt from the subordinate lienholder of the owner's application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.
IV. Upon receipt of the certificate of title, the application and the required fee, the department shall either endorse the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
Source. RSA 269-A:22. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:26
261:26 Assignment of Security Interest. –
I. A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.
II. The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the department the certificate and an assignment by the lienholder named in the certificate in the form the director prescribes.
Source. RSA 269-A:23. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:27
261:27 Release of Security Interest. –
I. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, he shall, within 10 days after demand and, in any event, within 30 days, execute a release of his security interest, in the space provided therefor on the certificate or as the director prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder's rights on the certificate or issue a new certificate.
II. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within 10 days after demand execute a release in the form the director prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by the owner, for delivery to the department or, upon receipt of the release, mail or deliver it with the certificate to the department, which shall release the subordinate lienholder's rights on the certificate or issue a new certificate. If the lienholder does not have the certificate, the lienholder shall, within 7 days of receipt of final payment on the loan, apply for a duplicate title, a copy of which shall be sent to the payor.
Source. RSA 269-A:24. 1967, 357:1. 1981, 146:1. 1995, 239:1, eff. July 19, 1995.
Section 261:28
261:28 Lienholder to Furnish Information Concerning the Security Agreement. –
A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his security agreement and the indebtedness secured by it.
Source. RSA 269-A:25. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:29
261:29 Method of Perfecting Interest Exclusive. –
The method provided in this chapter of perfecting and giving notice of security interests subject to this chapter is exclusive. Security interests subject to this chapter are hereby exempted from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.
Source. RSA 269-A:26. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:30
261:30 Suspension or Revocation of Certificate. –
I. The department shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with RSA 260:6, if it finds that:
(a) The certificate of title was fraudulently procured or erroneously issued, or
(b) The vehicle has been scrapped, dismantled, or destroyed.
II. Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
III. When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
IV. The department may seize and impound any certificate of title which has been suspended or revoked.
Source. RSA 269-A:27. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:31
261:31 Powers and Duties of Director. –
The director shall:
I. Prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out the provisions of this chapter;
II. Make necessary investigations to procure information required to carry out the provisions of this chapter;
III. Adopt pursuant to RSA 260:5 and enforce reasonable rules to carry out the provisions of this chapter;
IV. Assign a new vehicle identification number to a vehicle if it has none, or if its vehicle identification number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new vehicle identification number or make an appropriate endorsement on the original certificate.
Source. RSA 269-A:29. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:31-a
261:31-a Rental Vehicle Title and Registration Recovery Fee. –
A vehicle title and registration recovery fee charged to customers by a company engaged in the rental of motor vehicles shall be fully disclosed to the customer by being separately stated and identified on the rental agreement.
Source. 2006, 317:13, eff. Aug. 18, 2006.
Previously Registered Vehicles
Section 261:32
261:32 Exemption of Previously Registered Vehicle. –
RSA 261:1 to 31 inclusive do not apply to a previously registered vehicle until:
I. There is a change of registration by reason of a sale for consideration; or
II. The department issues a certificate of title for the vehicle.
Source. RSA 269-A:37. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:33
261:33 Issuance of Distinctive Certificate. –
If the director is not satisfied that there are no undisclosed security interests, created before September 1, 1968, in a previously registered vehicle, he may, in addition to his options under RSA 261:10, issue a distinctive certificate of title of the vehicle containing the legend "This vehicle may be subject to an undisclosed lien" and any other information the director prescribes.
Source. RSA 269-A:38. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:34
261:34 Perfection of Security Interest. –
A security interest in a previously registered vehicle for which no certificate of title or application for a certificate is required is perfected by the delivery to the department of a notice of security interest in the form the director prescribes and the required fee. It is perfected as of the time of its creation if the delivery is completed within 10 days thereafter, otherwise as of the time of delivery. A notice of a security interest created or reserved before September 1, 1968, need be executed by the lienholder only.
Source. RSA 269-A:39. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:35
261:35 Perfection Under Other Statute. –
If a security interest in a previously registered vehicle is perfected under any other applicable law of this state on September 1, 1968, the security interest continues perfected until its perfection lapses under the law under which it was perfected.
Source. RSA 269-A:40. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:36
261:36 Filing of Notices of Security Interest. –
I. The department shall file each notice of security interest received by it with the required fee and maintain a record of all notices of security interests filed by it:
(a) Alphabetically, under the name of the owner;
(b) Under the vehicle identification number; and
(c) In the discretion of the director, by any other method he determines.
II. The department need not maintain, in the record provided for in paragraph I, any reference to a security interest in a previously registered vehicle after the department files a notice of release of the security interest or issues a certificate of title of the vehicle containing the name of the lienholder.
III. The department, before issuing or reissuing a certificate of title, shall check the name of the owner and the vehicle identification number against the record provided for in paragraph I.
Source. RSA 269-A:41. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:37
261:37 Assignment of Security Interest. –
I. A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until an assignment by the lienholder is delivered to the department as provided in this section.
II. The assignee may, but need not to perfect the assignment, deliver to the department an assignment by the lienholder in the form the director prescribes with the required fee.
III. The department shall file each assignment received by it with the required fee and note the assignee as lienholder upon the record of notice of security interests maintained by the department pursuant to RSA 261:36.
Source. RSA 269-A:42. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:38
261:38 Release of Interest. –
I. If the security interest of a lienholder named in a notice of security interest filed by the department is satisfied, the lienholder shall, within 10 days after demand execute a release of the security interest in the form the director prescribes and mail or deliver the release to the department and the lienholder shall return the certificate to the payor within 10 days of receipt of satisfaction.
II. Upon receipt of the release of security interest the department shall file the release and note it upon the record of notices of security interests maintained by the department pursuant to RSA 261:36.
Source. RSA 269-A:43. 1967, 357:1. 1981, 146:1. 1995, 239:2, eff. July 19, 1995.
Section 261:39
261:39 Lienholder to Furnish Information Concerning Security Agreement. –
A lienholder named in a notice of security interest filed by the department shall, upon written request of the owner or of another lienholder, disclose any pertinent information as to his security agreement and the indebtedness secured by it.
Source. RSA 269-A:44. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Registration Required
Section 261:40
261:40 Registration Required. –
Except as otherwise provided, it is a violation for any person to drive or any owner or custodian to knowingly permit or cause to be driven on the ways of this state any vehicle which is not specifically exempt by statute or rule from the requirement of registration, unless the same has been registered and the appropriate fee paid in accordance with the provisions of this chapter. The fine for a violation of this section shall be $100.
Source. 1905, 86:5. 1911, 133:2. 1917, 229:2. 1919, 41:2. 1921, 119:2. PL 100:5. 1935, 73:6. 1939, 132:1. RL 116:9. RSA 260:12. 1981, 146:1. 2005, 177:45. 2006, 317:14, eff. Aug. 18, 2006.
Section 261:40-a
261:40-a Unified Carrier Registration Required. –
It is a violation for any person to drive or for the owner or lessee to cause to be driven on the ways of this state a motor vehicle subject to registration under the provisions of the Unified Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended, unless the motor vehicle has been registered and the appropriate fee paid. The fine for a violation of this section shall not exceed $100 plus penalty assessment for a first offense and $500 plus penalty assessment for a subsequent offense in a 12-month period.
Source. 2010, 251:3, eff. Sept. 4, 2010.
Section 261:41
261:41 Exemption of Vehicles Owned by Military Personnel. –
The provisions of this chapter relative to the registration of vehicles and the display of number plates shall not apply to vehicles having registration and displaying plates issued by the armed forces of the United States for vehicles owned by military personnel, but such exemption shall be valid only for a period of 7 days after the owner thereof has entered this state for the purpose of traveling to either his place of residence or a point of military duty.
Source. RSA 260:12-a. 1955, 210:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:41-a
261:41-a Registration, Equipment, and Inspection of Vehicles; Exemption for Utility Vehicles. –
I. An agricultural/industrial utility vehicle, as defined in RSA 259:2-a, if operated upon a way shall be registered as provided in RSA 261:141, III(dd).
II. Any agricultural/industrial utility vehicle, as defined in RSA 259:2-a, shall be exempt from inspection under RSA 266:1, but shall be subject to inspection by a law enforcement officer at any time when being operated on a way. Any person operating such a vehicle on a way shall hold a valid driver's license.
III. When operated on a way for purposes other than crossing the way for trail access, any agricultural/industrial utility vehicle, as defined in RSA 259:2-a, shall be equipped in accordance with the provisions of RSA 215-A:14 and in addition shall be equipped with at least one red reflex reflector on the left rear if operated during the hours of darkness; an interior or exterior mirror; a vehicle identification number that conforms to federal requirements; seatbelts installed at each designated seating position if originally so equipped; an intact windshield if originally so equipped; and tires inflated to cold inflation pressure not more than the maximum permissible pressure molded on the sidewall. Such vehicle shall also be equipped with a slow moving vehicle emblem to the rear and may be equipped in addition with an amber flashing or rotating light.
IV. A motorcycle, trail bike, or agricultural/industrial utility vehicle that meets all the requirements of an off highway recreational vehicle in RSA 215-A:1, VI shall be used as an off highway recreational vehicle only when it has a valid OHRV registration issued under the provisions of RSA 215-A:21.
Source. 2014, 282:4, eff. July 28, 2014.
Section 261:41-b
261:41-b Equipment and Inspection of Vehicles; Exemption for Compact Utility Tractor. –
I. Any compact utility tractor, as defined in RSA 259:13-a, shall be exempt from any inspection requirements.
II. When operated on a way for purposes other than crossing the way for trail access, any compact utility tractor, as defined in RSA 259:13-a, shall be equipped with at least one red reflex reflector and may be equipped additionally with an amber flashing or rotating light. When operating at any time during the period from 1/2 hour after sunset to 1/2 hour before sunrise, any compact utility tractor, as defined in RSA 259:13-a, shall be equipped with one or more headlights and one or more rear taillights, each in working order.
Source. 2016, 260:2, eff. July 1, 2017.
Section 261:41-c
261:41-c Roadable Aircraft; Registration. –
I. Upon receipt of an application for registration of a roadable aircraft and payment of applicable state and municipal registration permit fees, the department shall issue a certificate of registration to the owner of such aircraft, provided that the application is accompanied by the following:
(a) Proof of valid and unexpired aircraft registration issued by the New Hampshire department of transportation.
(b) A copy of an annual aircraft inspection completed within the 12 calendar months immediately preceding the date of application.
II. For purposes of this section, roadable aircraft shall be identified by the registration number assigned to such aircraft by the New Hampshire department of transportation.
III. The expiration date of a certificate issued pursuant to this section shall match the expiration of the aircraft registration issued by the New Hampshire department of transportation.
IV. The fees for registration of roadable aircraft shall be comprised of the fee prescribed by RSA 261:141, III(g), payable to the department, plus a municipal registration permit fee of $2,000, payable to the city or town in which the owner of such roadable aircraft resides.
Source. 2020, 33:33, eff. Sept. 22, 2020.
Reciprocity for Nonresidents
Section 261:42
261:42 Permits Required. –
No vehicle owned by a nonresident and used for commercial or business purposes shall be registered under the provisions of this chapter until the owner thereof has obtained a permit from the department and has paid the required fee, provided, however, that no permit shall be required for the registration of construction equipment as defined in RSA 259:42, or vehicles which because of their design, size, or weight are prohibited by law from ordinary or regular use upon the highways of the state, and provided further that no permit shall be required of a resident of a state, district, or country which grants to a resident of this state reciprocal privileges as determined by the director, whose determination shall be final.
Source. 1937, 191:1. RL 116:27. RSA 260:36. 1963, 133:1. 1981, 146:1. 2006, 317:2, eff. Aug. 18, 2006.
Section 261:43
261:43 Reciprocal Fines and Penalties. –
When any other state by its laws imposes any taxes, fines, penalties, licenses, fees, deposits or other obligations or prohibitions, additional to any New Hampshire imposes, upon any vehicles registered in New Hampshire or upon the owners or drivers of such vehicles traveling on the ways of that other state, similar taxes, fines, penalties, licenses, fees, deposits or other obligations or prohibitions shall be imposed on similar classes of vehicles registered in that state and traveling upon the ways of New Hampshire, so long as the laws in the other state remain in force. The director, with the approval of the commissioner, shall determine the method of reciprocity and may adopt pursuant to RSA 260:5 such rules as are necessary to carry out the purposes of this section and his determination shall be final.
Source. 1953, 63:1. RSA 260:40. 1967, 426:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:44
261:44 Operation Without Registration; Reciprocity. –
A vehicle, other than an OHRV or snowmobile, owned by a nonresident and duly registered for the current year in the state, district or country of which the owner is a resident may be driven upon the ways of this state without registration under this chapter to the extent, as to period of driving and otherwise, that the state, district or country of registration grants similar privileges for the operation of such vehicles owned by residents of this state and registered under its laws. The director for the purposes of this section shall determine the nature and extent of the privileges for the driving of vehicles granted by other states, districts or countries to residents of this state and his determination shall be final.
Source. 1911, 133:3. 1913, 81:2. 1917, 229:3. 1921, 119:3. 1923, 76:1. 1925, 85:1. PL 100:26. 1939, 190:3. 1941, 99:1. RL 116:35. 1945, 45:1. RSA 260:39. 1981, 146:1. 2006, 90:11, eff. July 1, 2006 at 12:01 a.m.
Section 261:45
261:45 Obligation to Register Vehicle. –
I. Notwithstanding the provisions of RSA 261:44, when a nonresident has established a bona fide residency in this state, said resident shall have a maximum of 60 days from the date of his or her residency in which to register his or her vehicle or vehicles in New Hampshire.
II. When a nonresident business entity has established a place of business in this state and principally garages or regularly keeps overnight in this state a vehicle or vehicles owned by or leased to the business entity for conducting intrastate commerce in New Hampshire, the business entity shall be considered domiciled in New Hampshire and shall have a maximum of 60 days from the date of establishing such domicile in which to register the vehicle or vehicles with division or with an apportioned registration through the international registration plan. The director may adopt rules pursuant to RSA 541-A relative to procedures for such registration.
Source. RSA 260:39-a. 1979, 135:1. 1981, 146:1; 479:2, eff. Jan. 1, 1982. 2015, 111:1, eff. Jan. 1, 2016.
Section 261:45-a
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.
Source. 1996, 128:1. 2008, 282:2, eff. Aug. 26, 2008.
Section 261:46
261:46 Nonresident Registration. –
Notwithstanding RSA 261:45, the department shall register motor vehicles owned by individuals who are not residents of New Hampshire upon presentation of an affidavit by the applicant, on a form developed by the department, swearing that the vehicle is principally garaged or is regularly kept overnight in New Hampshire and that the applicant is the owner of at least one other vehicle which is registered and insured in the state of the applicant's residence.
Source. 1921, 120:6. PL 100:20. RL 116:26. RSA 260:35. 1978, 40:17. 1979, 135:3. 1981, 146:1; 479:19. 2007, 53:1. 2011, 16:1, eff. June 24, 2011. 2019, 223:1, eff. Jan. 1, 2020.
Section 261:46-a
261:46-a Registration of Foreign Nationals. –
The director may design and issue a temporary vehicle registration which shall expire no later than 6 months from the date of issue, for the purpose of registering a vehicle belonging to a foreign national who enters this state and intends to utilize this state as his residence on a temporary basis. The director shall in all cases require proof satisfactory to him of residence in a foreign country, legal entry into this country, and ownership of the vehicle, and shall collect the same fee as a resident would pay for a full 12 month registration, plus a sum equal to the municipal permit fee, for the use of the state.
Source. 1981, 479:20, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:47
261:47 Neutral Zone Privilege. –
A nonresident owner of a vehicle, of which the gross weight of load and vehicle does not exceed the limit imposed by the laws of this state, who has complied with the laws of his state relating to registration and licensing, and who has a bona fide actual residence in a state granting like privileges to residents of this state, which residence is located within 15 miles by highway of the border line of this state, may drive such vehicle upon any ways of this state distant not more than 15 miles from the border line of his state if application for the registration thereof is made in accordance with the provisions of RSA 261:52 and the proper fee is paid and the vehicle is registered by the department.
Source. 1913, 81:2. 1917, 229:3. 1921, 119:3. PL 100:28. 1933, 122:2. 1935, 109:1. 1939, 190:5. RL 116:36. RSA 260:41. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:48
261:48 Repealed by 1987, 151:10, I, eff. July 1, 1987 at 12:01 a.m. –
Bus Taxation Proration and Reciprocity Agreement
Section 261:49
261:49 Agreement. –
The bus taxation proration agreement is hereby enacted into law and entered into with all jurisdictions legally joining therein the form substantially as follows:
ARTICLE I. PURPOSES AND PRINCIPLES
(a)
Purposes of Agreement. It is the purpose of this agreement to set up a system whereby any contracting state may permit owners of fleets of buses operating in 2 or more states to prorate the registration of the buses in such fleets in each state in which the fleets operate on the basis of the proportion of miles operated within such states to total fleet miles, as defined herein.
(b)
Principle of Proration of Registration. It is hereby declared that in making this agreement the contracting states adhere to the principle that each state should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, that the method of taxation of interstate buses should not be a determining factor in developing its user tax structure, and that annual taxes or other taxes of the fixed fee type upon buses which are not imposed on a basis that reflects the amount of highway use should be apportioned among the states, within the limits of practicality, on the basis of vehicle miles traveled within each of the states.
ARTICLE II. DEFINITIONS
(a)
State. State shall include the states of the United States, the District of Columbia, the territories of the United States, the Provinces of Canada, and the states, territories and federal district of Mexico.
(b)
Contracting State. Contracting state shall mean a state which is a party to this agreement.
(c)
Administrator. Administrator shall mean the official or agency of a state administering the fee involved, or, in the case of proration of registration, the official or agency of a state administering the proration of registration in that state.
(d)
Person. Person shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
(e)
Base State. Base state shall mean the state from or in which the bus is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet bus the state to which it is allocated for registration under statutory requirements. In order that this section may not be used for the purpose of evasion of registration fees, the administrators of the contracting states may make the final decision as to the proper base state, in accordance with Article III(h) hereof, to prevent or avoid such evasion.
(f)
Bus. Bus shall mean any motor vehicle of a bus type engaged in the interstate transportation of passengers and subject to the jurisdiction of the Interstate Commerce Commission, or any agency successor thereto, or one or more state regulatory agencies concerned with the regulation of passenger transport.
(g)
Fleet. As to each contracting state, fleet shall include only those buses which actually travel a portion of their total mileage in such state. A fleet must include 3 or more buses.
(h)
Registration. Registration shall mean the registration of a bus and the payment of annual fees and taxes as set forth in or pursuant to the laws of the respective contracting states.
(i)
Proration of Registration. Proration of registration shall mean registration of fleets of buses in accordance with Article IV of this agreement.
(j)
Reciprocity. Reciprocity shall mean that each contracting state, to the extent provided in this agreement, exempts a bus from registration and registration fees.
ARTICLE III. GENERAL PROVISIONS
(a)
Effect on Other Agreements, Arrangements, and Understandings. On and after its effective date, this agreement shall supersede any reciprocal or other agreement, arrangement, or understanding between any 2 or more of the contracting states covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not effect any reciprocal or other agreement, arrangement, or understanding between a contracting state and a state or states not a party to this agreement.
(b)
Applicability to Exempt Vehicles. This agreement shall not require registration in a contracting state of any vehicles which are in whole or part exempt from registration under the laws or regulations of such state without respect to this agreement.
(c)
Inapplicability to Caravaned Vehicle. The benefits and privileges of this agreement shall not be extended to a vehicle operated on its own wheels, or in tow of a motor vehicle, transported for the purpose of selling or offering the same for sale to or by any agent, dealer, purchaser, or prospective purchaser.
(d)
Other Fees and Taxes. This agreement does not waive any fees or taxes charged or levied by any state in connection with the ownership or operation of vehicles other than registration fees as defined herein. All other fees and taxes shall be paid to each state in accordance with the laws thereof.
(e)
Statutory Vehicle Regulations. This agreement shall not authorize the operation of a vehicle in any contracting state contrary to the laws or regulations thereof, except those pertaining to registration and payment of fees; and with respect to such laws or regulations, only to the extent provided in this agreement.
(f)
Violations. Each contracting state reserves the right to withdraw, by order of the administrator thereof, all or any part of the benefits or privileges granted pursuant to this agreement from the owner of any vehicle or fleet of vehicles operated in violation of any provision of this agreement. The administrator shall immediately give notice of any such violation and withdrawal of any such benefits or privileges to the administrator of each other contracting state in which vehicles of such owner are operated.
(g)
Cooperation. The administrator of each of the contracting states shall cooperate with the administrators of the others and each contracting state hereby agrees to furnish such aid and assistance to each other within its statutory authority as will aid in the proper enforcement of this agreement.
(h)
Interpretation. In any dispute between or among contracting states arising under this agreement, the final decision regarding interpretation of questions at issue relating to this agreement shall be reached by joint action of the contracting states, acting through the administrator thereof, and shall upon determination be placed in writing.
(i)
Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or part hereof.
(j)
Entry into Force. This agreement shall enter into force and become binding between and among the contracting states when enacted or otherwise entered into by any 2 states. Thereafter, it shall enter into force and become binding with respect to any state when enacted into law by such state. If the statutes of any state so authorize or provide, such state may become party to this agreement upon the execution thereof by an executive or administrative official thereof acting on behalf of and for such state.
ARTICLE IV. PRORATION OF REGISTRATION
(a)
Applicability. Any owner of a fleet may register the buses of said fleet in any contracting state by paying to said state total registration fees in an amount equal to that obtained by applying the proportion of in-state fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each and all of such vehicles in such contracting state.
All fleet pro-rata registration fees shall be based upon the mileage proportions of the fleet during the period of 12 months ending on August 31 next preceding the commencement of the registration year for which registration is sought: Except, that mileage proportions for a fleet not operated during such period in the state where application for registration is made will be determined by the administrator upon the sworn application of the applicant showing the operations during such period in other states and the estimated operations during the registration year for which registration is sought, in the state in which application is being made; or if no operations were conducted during such period a full statement of the proposed method of operation.
If any buses operate in 2 or more states which permit proration of registration on the basis of a fleet of buses consisting of a lesser number of vehicles than provided in Article II(g), such fleet may be prorated as to registration in such states, in which event the buses in such fleet shall not be required to register in any other contracting states if each such vehicle is registered in some contracting state (except to the extent it is exempt from registration as provided in Article III(b)).
If the administrator of any state determines, based on his method of the operation thereof, that the inclusion of a bus or buses as a part of a fleet would adversely affect the proper fleet fee which should be paid to his state, having due regard for fairness and equity, he may refuse to permit any or all of such buses to be included in his state as a part of such fleet.
(b)
Total Fleet Miles. Total fleet miles, with respect to each contracting state, shall mean the total miles operated by the fleet (1) in such state, (2) in all other contracting states, (3) in other states having proportional registration provisions, (4) in states with which such contracting state has reciprocity, and (5) in such other states as the administrator determines should be included under the circumstances in order to protect or promote the interest of his state; except that in states having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on such basis.
(c)
Leased Vehicles. If a bus is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of such fleet shall be deemed to be the owner of said bus for the purposes of this article.
(d)
Extent of Privileges. Upon the registration of a fleet in a contracting state pursuant to this article, each bus in the fleet may be operated in both interstate and intrastate operations in such state (except as provided in Article III(e)).
(e)
Application for Proration. The application for proration of registration shall be made in each contracting state upon substantially the application forms and supplements authorized by joint action of the administrators of the contracting states.
(f)
Issuance of Identification. Upon registration of a fleet, the state which is the base state of a particular bus of the fleet shall issue the required license plates and registration card for such bus; and each contracting state in which the fleet of which such bus is a part operates shall issue a special identification identifying such bus as a part of a fleet which has fully complied with the registration requirements of such state. The required license plates, registration cards and identification shall be appropriately displayed in the manner required by or pursuant to the laws of each respective state.
(g)
Additions to Fleet. If any bus is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application. The owner shall register such bus in each contracting state in like manner as provided for buses listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for buses registered under the original application.
(h)
Withdrawals from Fleet. If any bus is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each state in which it is registered or identified of such withdrawal and shall return the plates, and registration card or identification as may be required by or pursuant to the laws of the respective states.
(i)
Audits. The administrator of each contracting state shall, within the statutory authority of such administrator, make any information obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting states.
(j)
Errors in Registration. If it is determined by the administrator of a contracting state, as a result of such audits or otherwise, that an improper fee has been paid his state, or errors in registration found, the administrator may require the fleet owner to make the necessary corrections in the registration of his fleet and payment of fees.
ARTICLE V. RECIPROCITY
(a)
Grant of Reciprocity. Each of the contracting states grants reciprocity as provided in this article.
(b)
Applicability. The provisions of this agreement with respect to reciprocity shall apply only to a bus properly registered in the base state of the bus, which state must be a contracting state.
(c)
Non-Applicability to Fleet Buses. The reciprocity granted pursuant to this article shall not apply to a bus which is entitled to be registered or identified as part of a prorated fleet.
(d)
Extent of Reciprocity. The reciprocity granted pursuant to this article shall permit the interstate operation of a bus and intrastate operation which is incidental to a trip of such bus involving interstate operation.
(e)
Other Agreements. Nothing in this agreement shall be construed to prohibit any of the contracting states from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the state; nor to prevent any of the contracting states from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed upon by the states.
ARTICLE VI. WITHDRAWAL OR REVOCATION
Any contracting state may withdraw from this agreement upon 30 days written notice to each other contracting state, which notice shall be given only after the repeal of this agreement by the legislature of such state, if adoption was by legislative act, or after renunciation by the appropriate administrative official of such contracting state if the laws thereof empower him so to renounce.
ARTICLE VII. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Source. RSA 260-A:1. 1963, 246:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:50
261:50 Powers of Administrator. –
The director of the division of motor vehicles, as administrator of the agreement for the state of New Hampshire, shall have the power to make such exemptions from the coverage of the agreement as may be appropriate and to make such changes in methods for the reporting of any information required to be furnished to this state pursuant to the agreement as, in his judgment, shall be suitable; provided that any such exemptions or changes shall not be contrary to the purposes set forth in Article I of the agreement and shall be made in order to permit the continuance of uniformity of practice among the contracting states with respect to buses. Any such exemption or change shall be made by rule and shall not be effective unless made by the same procedure required for other rules of his division. All such rules shall be published at least once in a newspaper of general circulation in the state and in such other circulars as the director may in his discretion deem desirable to fairly apprise the public of the same.
Source. RSA 260-A:3. 1963, 246:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:51
261:51 Withdrawal. –
The governor is hereby authorized to determine that the state of New Hampshire should withdraw, at any time, from the agreement provided for herein and he shall give notice as provided in Article VI of the agreement of such withdrawal or revocation.
Source. RSA 260-A:4. 1963, 246:1. 1981, 146:1, eff. Jan. 1, 1982.
General Registration
Section 261:52
261:52 Application for Registration. –
Application for the registration of vehicles may be made by the owner thereof by mail or otherwise to the department, upon blanks prepared by the director. In addition to such other particulars as the director may require, the application shall contain the applicant's birth date, unless the vehicle is registered in the name of a person other than a natural person, in which case the date assigned by the director shall be used as the date of birth. All applications shall contain the words: "This application is signed and any additional information is offered under penalty of unsworn falsification pursuant to RSA 641:3." The proper fee shall be deposited before the application is granted.
Source. 1905, 86:2. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:1. 1927, 11:1. RL 116:1. 1945, 44:1. 1949, 113:1. RSA 260:1. 1975, 497:2. 1977, 314:1. 1981, 146:1. 1992, 282:1, eff. Jan. 1, 1993.
Section 261:52-a
[RSA 261:52-a repealed by 2021, 91:99, VII, effective January 1, 2025.]
261:52-a Notice That Interest and Dividends Tax May be Due. –
Blanks prepared by the director for application for an original driver's license under RSA 263:5 shall be accompanied by a notification to the applicant that as a New Hampshire resident he may be liable for tax payments under RSA 77, the interest and dividends tax. The notice shall be prepared by the commissioner of revenue administration.
Source. 1989, 68:1, eff. Sept. 1, 1989.
Section 261:52-b
261:52-b Re-Registration by Residents Temporarily Traveling Out of the State. –
Residents who are without a permanent street address at the time of re-registration because they are traveling outside of the state in recreational vehicles for a period of up to 2 years may renew a vehicle registration by completing a written attestation of residency and providing a letter from an adult property-owning resident of the municipality who agrees to act as the person's mailing address for purposes of contact by the department. Residency for the purposes of this section shall be defined as intention to return to the municipality after a period of time not to exceed 2 years.
Source. 2009, 174:1, eff. Jan. 1, 2010.
Section 261:52-c
261:52-c Registration or Re-Registration by Residents Without a Permanent Street Address. –
I. A resident who is homeless without a permanent street address at the time of registration or re-registration may register a vehicle by certifying to the department in writing that he or she is currently resident in the town or city and by providing a letter signed by an authorized representative of a social service organization or agency qualified under section 501(c)(3) of the Internal Revenue Code stating that the person is authorized to use the mailing address of the organization or agency for purposes of contact by the department.
II. A certification of current residency and a current letter authorizing the use of the mailing address of a qualified social service agency or organization shall be submitted to the department in connection with every registration made under this section. The director shall provide the form on which the certification is made.
III. Residency for the purposes of this section shall be defined as the expressed intention to continue to reside in the municipality.
Source. 2009, 174:1. 2013, 137:1, eff. Aug. 26, 2013.
Section 261:52-d
261:52-d Indication of Contact Address. –
A re-registration application completed under RSA 261:52-b or RSA 261:52-c shall contain an indication that the address provided is not the physical residence of the registrant but a mailing address for purposes of contact.
Source. 2009, 174:1, eff. Jan. 1, 2010.
Section 261:53
261:53 Application of Minors. –
I. The application of any person under the age of 18 years to register a vehicle shall be signed by the father, mother or guardian, or in the event there is no parent or guardian, then by another responsible adult. This paragraph shall not apply to a person under the age of 18 years who is emancipated by marriage or who has presented proof of insurance coverage at the time of application.
II. Any person who has signed the application of a minor for registration may thereafter file a written request that the registration be cancelled and the department shall cancel the registration.
III. Upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for registration, the division may suspend such registration and, upon suspension, shall not issue a new registration until such time as a new application, duly signed and verified, is made as required by this section.
Source. RSA 260:8-a. 1957, 214:3; 308:2. 1981, 146:1. 1987, 404:2, eff. July 25, 1987.
Section 261:54
261:54 Age Limit for Registrants. –
Notwithstanding any other provision of law, no certificate of registration shall be issued to any natural person under 16 years of age.
Source. 1905, 86:2. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:2. RL 116:2. 1953, 130:1. RSA 260:3. 1975, 497:3. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:55
261:55 Change of Address or Name. –
I. Whenever any person after making application for or obtaining the registration of a vehicle shall move from the address or change the postal address named in the application or shown on a registration certificate or certificate of title, such person shall within 30 days thereafter notify the division in writing of his or her old and new address. The division shall then inform both the supervisor of the checklist in the town or city in which the new address is located and the supervisor of the checklist in the town or city in which the previous address was located of the change to facilitate periodic maintenance and verification of checklists pursuant to RSA 654:36-b.
II. Whenever the name of any person who has made application for or obtained the registration of a vehicle is thereafter changed by marriage or otherwise, such person shall within 10 days notify the division of such former and new name.
Source. 1937, 126:1. 1945, 44:2. RL 116:72. RSA 260:2. 1981, 146:1, eff. Jan. 1, 1982. 2015, 243:5, eff. Jan. 1, 2016. 2021, 137:2, eff. Sept. 21, 2021.
Section 261:56
261:56 Temporary Permit and Plates Pending Registration. –
I. In compliance with the rules of the department, a dealer may issue temporary plates furnished by the department for use of any vehicle, including mopeds, sold by it. Any such vehicle may be driven displaying temporary plates until the customary registration certificate and plates have been received by the owner but, except as provided in paragraph II, the vehicle shall not be driven under temporary plates for a period in excess of 20 days from the date of issuance by the dealer.
II. If the owner has a disability and requires additional time to equip the vehicle to accommodate his or her disability, the owner shall submit a request on a form provided by the department setting forth the type of modification that is being made to the vehicle, the business or other person making the modification, and the estimated completion time for the modification, and the director shall issue a new set of temporary plates reflecting a reasonable extension of the expiration date to enable the modifications to be completed.
Source. 1921, 119:4. 1923, 75:10. 1937, 126:1. PL 100:41. RL 116:51, 71. 1947, 177:4. 1951, 20:4. RSA 260:50, 70. 1977, 98:1. 1979, 41:1; 453:1. 1981, 146:1. 2010, 186:1, eff. Aug. 20, 2010.
Section 261:56-a
261:56-a Vehicle Sold to a Massachusetts Resident. –
A retail vehicle dealer selling a vehicle to a resident of Massachusetts shall complete a form designed by the director that provides notification of the sale to the department. The retail vehicle dealer shall provide a copy to the customer, retain a copy, and return the original to the director.
Source. 2006, 317:8, eff. Aug. 18, 2006.
Section 261:57
261:57 Twenty-Day Registration. –
I. Any resident of this state who intends to purchase a vehicle in another state or from another person or who is unable to register a vehicle because of limited hours of operation of the town clerk in the town where the person resides may apply to the division or its substation or authorized agent nearest his or her residence for a registration to drive said vehicle on the ways of the state in an unregistered condition. Said resident shall appear in person at the division or substation to obtain such registration and shall sign under penalty of perjury a statement that the vehicle meets all New Hampshire inspection requirements, and in the case of a person seeking an extension of his or her registration, that he or she was unable to register the vehicle because of the limited hours of the town clerk, before said registration may be issued. Said registration shall be valid for 20 days from the time it is issued. Application blanks and permits in the form prescribed by the director shall be designed, printed, and supplied to the substations by the division. The fee for the issuance of a registration shall be $10. It shall be unlawful for any person to drive a vehicle on the ways of the state under a registration issued pursuant to this section unless said person has in his or her possession a valid bill of sale for the vehicle he or she is driving, or in the case of a person whose registration is extended, a copy of the form indicating he or she was unable to register because of the limited hours of the town clerk. No person shall make application for a 20-day registration on the same vehicle more than once within a 12-month period. Only 3 20-day registrations shall be issued on the same vehicle within a 12-month period.
II. Notwithstanding the provisions of RSA 261:22, a 20-day registration may be issued to a resident to transport a repaired vehicle to an authorized salvage inspection location.
Source. RSA 260:21-a. 1969, 335:1. 1977, 195:1. 1981, 146:1. 1983, 431:5. 1987, 151:1. 1989, 305:4. 1990, 154:1. 1991, 294:1. 1995, 85:2. 2003, 17:1, eff. June 21, 2003. 2017, 239:1, eff. Sept. 16, 2017.
Section 261:57-a
261:57-a Temporary Registrations and Number Plates. –
I. The director may issue a registration certificate and number plates to a new resident who is required to obtain a certificate of title in accordance with RSA 261 upon payment of the appropriate registration and title fees as provided by RSA 261:141 and RSA 261:20 when the vehicle has been previously registered in a foreign state and the title is held by a foreign state lien holder. The registration certificate and number plates shall be valid until such time as they are due for renewal. The registration may be renewed when the requirements of RSA 261 relative to certificate of title have been met by the new resident.
II. The director may issue a temporary registration certificate and temporary number plates to any applicant for a permanent registration and permanent number plates upon payment of the appropriate registration fee as provided by RSA 261:141, when a computer system failure, inability to obtain permanent number plates or other emergency would prevent the issuance and recording of permanent registrations and permanent number plates. The temporary registrations and temporary number plates shall be valid for 30 days; provided, however, that the director may extend this period until such time as he is able to issue and record permanent registrations and permanent number plates to replace them.
III. Any registration fee paid shall be transferable credit on a replacement vehicle in accordance with RSA 261:66.
IV. The director shall adopt rules pursuant to RSA 260:5 to administer this section.
Source. 1981, 479:60. 1990, 79:2, eff. June 9, 1990. 2015, 243:9, eff. Jan. 1, 2016. 2018, 29:1, eff. July 1, 2018.
Section 261:57-b
261:57-b In-Transit Registration. –
The owner of any vehicle intended to be driven upon the ways of this state only for the purpose of transporting the vehicle to another jurisdiction where it is to be registered may apply to the division for issuance of an in-transit registration for such vehicle. Application shall be made on a form furnished by the division for such purposes and shall contain such information as the director may require. If satisfied that the vehicle is to be driven as provided in this section, the division, upon payment of a fee of $10, shall assign to such vehicle a distinctive number and deliver to the applicant an in-transit registration valid for a period of 20 days from the date of issuance, in such form as the director shall prescribe. The registration shall specify the terms and conditions under which the vehicle may be driven upon the ways of this state, and no such vehicle shall be operated in violation of such terms and conditions.
Source. 1983, 431:6. 1987, 151:2, eff. July 10, 1987 at 12:01 a.m.
Section 261:58
261:58 Registration Record and Certificate. –
I. The department shall record, by photographic, electronic or other suitable means, the vehicle described in the application, giving to said vehicle a distinguishing number or other mark to be known as the registration number for said vehicle, and shall thereupon issue to the applicant a certificate of registration. The certificate shall be in such form and contain such information as the director shall determine.
II. [Repealed.]
III. (a) The department shall update its database regularly to include information regarding an individual who is:
(1) Currently on parole.
(2) Currently on probation.
(3) The subject of a restraining order.
(b) The administrative office of the courts shall, via computer interface, regularly update the database at the department of safety to include information regarding an individual who is released on bail.
(c) The department of safety and the administrative office of the courts shall make available the information required in subparagraphs (a) and (b) as soon as it becomes technologically feasible to do so.
Source. 1905, 86:2. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:2. RL 116:2. 1953, 130:1. RSA 260:3. 1975, 497:3. 1981, 146:1. 1983, 449:25. 1992, 282:16. 1998, 351:1, eff. Aug. 25, 1998.
Section 261:59
261:59 Possession of Certificate Required. –
Every person driving a motor vehicle shall have the certificate of registration for said vehicle upon his person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof; provided, that the certificates of registration of dealers need not be so carried. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he produces in the office of the arresting officer evidence that he held a valid registration which was in effect at the time of his arrest.
Source. 1905, 86:4. 1911, 133:10. 1921, 119:9. PL 101:16. RL 117:18. RSA 261:23, 23-a. 1971, 122:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:59-a
261:59-a Proof of Valid Registration. –
No person shall be arrested for a violation of RSA 261:40, nor shall any person's vehicle be towed on account of being unregistered, solely because a computer check indicates that the registration has expired, if the driver presents to the officer a facially legitimate, current registration certificate and the number plates have current, serially numbered decals attached, the serial numbers of which match the numbers on the registration certificate. This section shall not apply in any case where the certificate or decals appear to be counterfeit or altered or the computer check indicates that the plates have been suspended or revoked.
Source. 2006, 317:15, eff. Aug. 18, 2006.
Section 261:60
261:60 Copies of Listings; Prima Facie Evidence. –
I. The department may prepare and furnish, without charge, copies or listings of certificates of registration and copies of other documents relating thereto, including compilations thereof, to law enforcement officers, and may sell such compilations to others at such reasonable price as the commissioner may from time to time establish.
II. In the prosecution of any offense under this title, or of any motor vehicle offense established by local ordinance, such a listing, made from the electronic records of the department, or a similar listing from a similar agency of another state, shall constitute prima facie evidence that a vehicle described in such listing, or bearing a number plate described in such listing, was registered to the person named in such listing on the date such listing was made.
Source. 1911, 133:26. 1913, 81:6. 1915, 129:9. 1917, 229:7. 1921, 119:25. PL 102:9. RL 118:10. 1943, 94:1. 1953, 12:1. RSA 262:12. 1981, 146:1. 1993, 339:2, eff. Aug. 30, 1993.
Section 261:61
261:61 Improper Use of Evidence of Registration or Title. –
I. No person shall lend to another any certificate of title, registration certificate, number plate, temporary permit or other permit issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration certificate, number plate, or permit assigned by the director or authority of any other jurisdiction not issued to such vehicle or otherwise lawfully used under this chapter, or knowingly obscure or permit to be obscured the figures or letters on any number plate attached to any motor vehicle.
II. The fine for a violation of this section shall be $150.
Source. 1981, 146:1. 2005, 177:34, eff. July 1, 2005.
Section 261:62
261:62 Expiration of Registration. –
I. The registration of every vehicle registered in the name of a corporation, partnership or other legal entity other than a private individual or private individuals, shall expire at midnight on the last day of the month as designated by the director as the renewal month for said registration, provided that:
(a) If an original registration is issued in one of the next 4 months preceding and including the month in which the registrant's birth is observed, the registration shall expire at midnight on the last day of the month in which the second anniversary of the registrant's birth following the date of issue is observed.
(b) If the owner was born on February 29, in any year in which there is no February 29, the registrant's birth date shall be deemed to be February 28.
(c) If the vehicle is owned by more than one person, the expiration date shall be determined by the birth date of the first person listed on the registration and title application, if applicable.
(d) If the vehicle is owned by a trust, the expiration date shall be determined by the birth date of the first person listed on the registration and title application, if applicable, or the expiration date which would apply to the trust under the provisions of this section, at the option of the registrant.
II. The registration of every other vehicle shall expire at midnight on the last day of the month in which the first anniversary of the registrant's birth following the date of issue is observed, provided that:
(a) If an original registration is issued in one of the next 4 months preceding and including the month in which the registrant's birth is observed, the registration shall expire at midnight on the last day of the month in which the second anniversary of the registrant's birth following the date of issue is observed.
(b) If the owner was born on February 29, in any year in which there is no February 29, the registrant's birth date shall be deemed to be February 28.
(c) If the vehicle is owned by more than one natural person, the expiration date shall be determined by the birth date of the first natural person listed on the registration and title application, if applicable.
(d) If the month of expiration will be one of the next 4 months, a registration may be issued which will commence upon the expiration of the current registration and expire at midnight on the last day of the month in which the second anniversary of the registrant's birth following the date of issue is observed.
III. Notwithstanding any other provisions of law to the contrary, the director is authorized to designate the expiration month for the registration of any vehicles registered under the provisions of the international registration plan, should New Hampshire become a member of the IRP.
Source. 1909, 154:1. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:4. 1937, 113:1. RL 116:8. 1953, 64:1. RSA 260:11. 1975, 497:4. 1977, 314:2. 1978, 38:6. 1981, 146:1. 1985, 146:3. 1995, 3:1. 1998, 143:1. 2007, 140:1, eff. June 18, 2007.
Section 261:63
261:63 Emergency Extension of Registration. –
When an emergency is declared to exist by the governor, the director may extend said expiration date to cover the period of the emergency.
Source. 1909, 154:1. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:4. 1937, 113:1. RL 116:8. 1953, 64:1. RSA 260:11. 1975, 497:4. 1977, 314:2. 1978, 38:6. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:64
261:64 Construction Equipment and Implements of Husbandry. –
I. A resident owner of construction equipment, or a nonresident owner of such equipment who has a bona fide actual residence in a state granting like privileges to residents of this state shall not be required to register such equipment in this state if used at worksites and trailered from location to location or to cross highways to access contiguous property. To register construction equipment, as defined under RSA 259:42, the fee shall be $25 except for the following rubber-tired equipment; excavators, front end loaders, backhoes, graders, or construction equipment towed on a permanent trailer, such as a generator, which shall be assessed based on weight utilizing the following scale: for equipment that weighs up to 7,500 lbs., the fee shall be $25; for equipment from 7,501 lbs. to 15,000 lbs., the fee shall be $50; for equipment from 15,001 lbs. to 50,000 lbs., the fee shall be $100; for equipment from 50,001 lbs. to 80,000 lbs., the fee shall be $200; and for all equipment over 80,000 lbs., the fee shall be $300.
II. Owners of implements of husbandry shall not be required to register such implements in this state.
III. Implements of husbandry shall not be operated on toll roads or on the interstate and defense highway system. When implements of husbandry not meeting the definition of a tractor in RSA 259:108 are moved over any other way, the power unit shall display in a conspicuous location an identifying decal or plate issued by the division. The identifying decal or plate issued by the division is not a registration and shall not require the municipal permit for registration described in RSA 261:148. The fee for each identifying decal or plate shall be $15 for an implement weighing no more than 15,000 pounds and $25 for an implement weighing 15,001 pounds or more. The identifying decal or plate shall not require annual renewal but shall expire upon a change of ownership of the implement. The director may adopt rules pursuant to RSA 541-A specifying the location for display of the identifying decal or plate, specifying such limitations as the director deems necessary for the safety of other highway users by restricting speeds of operation and operation after daylight hours, and specifying safety, conspicuity, and lighting equipment requirements.
Source. 1939, 189:6. RL 116:10. RSA 260:13. 1981, 146:1. 1989, 305:5. 1999, 265:3. 2010, 251:4, eff. Sept. 4, 2010.
Section 261:65
261:65 Repealed by 2016, 145:2, II, eff. July 26, 2016. –
Section 261:66
261:66 Transfer of Ownership. –
I. Upon the transfer of ownership of any vehicle, its registration shall expire. The person in whose name such vehicle is registered shall retain the expired certificate of registration in order to obtain transfer credit, if applicable. The decease of the owner shall not terminate such registration unless there is an actual transfer of ownership.
II. A person who so transfers or loses a registered vehicle, upon filing a new application, may have registered in his name a like vehicle for the remainder of the registration period. If the registration fee of said vehicle is the same or less than that of the one first registered by him, he shall pay no additional fee, but if the fee is greater, he shall pay the difference.
III. If the owner of any vehicle desires to transfer a vehicle registration from one vehicle to another without transferring the ownership of the original vehicle, this may be accomplished by filing a new application with the department stating that the transfer does not involve a change of ownership of the original vehicle; provided, however, if the registration fee is the same or less than that of the first vehicle registered by him, he shall pay no additional fee, but if the fee is greater he shall pay the difference, and further provided, that once the original registration has been transferred to another vehicle, it shall not be again transferred back to the original vehicle. The original vehicle shall require a new registration.
IV. Any person who owns a vehicle shall be entitled to transfer the vehicle registration on that vehicle to a leased vehicle and any person who leases a vehicle shall be entitled to transfer the vehicle registration on that vehicle to an owned or leased vehicle and shall be given the same credit for this transfer as for any transfer of ownership provided under paragraphs I-III of this section. The registration shall be processed to expire according to the formula set forth in RSA 261:62. In the case of a lease transfer, the primary lessee shall be the first person named on the registration and his or her date of birth shall determine the expiration date of the registration. Any person who obtains a vehicle transfer pursuant to this paragraph shall be subject to the vehicle transfer fee.
Source. 1905, 86:2. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:7, 8. 1939, 132:2, 3. RL 116:13, 14. RSA 260:19, 20. 1975, 497:5. 1981, 146:1. 1986, 161:1. 1992, 25:1. 2003, 48:1, eff. July 8, 2003. 2019, 190:1, eff. Jan. 1, 2020.
Section 261:67
261:67 New Certificate. –
The department, at its discretion, may assign to the vehicle of any person who surrenders his registration certificate, as herein provided, and who desires to register a like vehicle, the registration number in the surrendered certificate, or the number given in the statement as herein provided for in the case of loss.
Source. 1911, 133:2. 1917, 229:2. 1921, 119:2. PL 100:9. 1939, 132:4. RL 116:15. RSA 260:21. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:68
261:68 Members of Armed Forces; Refunds. –
I. Any person who is ordered into or enlists in the military or naval service of the United States in connection with the strengthening of the national defense in any war emergency may make application to the department stating the fact of such service and requesting suspension of registration of any vehicle owned by him during such service. Upon receipt of such application, the department is hereby authorized to suspend registration of such vehicle for such time and to reimburse said person for a portion of the registration fees paid by him for the current year on a pro rata basis according to the number of months said vehicle is unused. Any refunds made under the provisions hereof shall be a charge upon the funds of the division. Upon the termination of such service, upon application, the department shall re-register said vehicle for the then current year upon payment of a like pro rata fee.
II. The foregoing provision shall apply to those members of the armed forces inducted or called on active duty during a period of armed hostilities as declared by the Congress and President of the United States.
Source. 1951, 97:1. 1953, 203:2. RSA 262:2, 3. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:69
261:69 Repealed by 1983, 230:19, III, eff. Aug. 17, 1983. –
Section 261:70
261:70 Repealed by 1983, 230:19, IV, eff. Aug. 17, 1983. –
Section 261:71
261:71 Payment of Resident Tax Required. –
No person shall obtain a permit to register a vehicle, a registration for a vehicle, or a license to drive a vehicle, without first showing or causing to be shown to the issuing person a tax collector's receipt for the payment of any resident taxes for which he is liable for the preceding or current year or without first executing an affidavit under the penalties of perjury, that he has paid all resident taxes for the preceding or current year for which he is liable or been lawfully relieved from such payment by reason of exemption or abatement; provided, however, that a permit or registration or license, as the case may be, may be issued if the selectmen or assessors shall certify that in their opinion the applicant should be granted such permit, registration or license even though such taxes have not been paid.
Source. 1933, 132:1, 3. 1939, 120:1-3. RL 116:3. 1947, 105:1. 1949, 150:1. 1953, 173:1. RSA 260:4. 1955, 39:1. 1957, 13:1. 1973, 486:8. 1976, 3:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:71-a
261:71-a Payment of Federal Heavy Truck Use Tax Required. –
The commissioner is authorized to adopt rules under RSA 541-A, requiring proof of filing or proof of payment of the federal heavy truck use tax before issuing a permit to register a commercial vehicle as federal law or rules may require as a condition to the receipt of any federal funds.
Source. 1983, 434:7. 1985, 213:8, eff. Jan. 1, 1986.
Section 261:72
261:72 Affidavit Required. –
No official or other person shall issue a permit to register a vehicle, or registration for a vehicle, or a license to drive a vehicle, without first requiring the applicant or his agent to show a tax collector's receipt for the payment of any resident taxes for which the applicant is liable for the preceding or current year unless said official or person has in his possession records indicating such taxes have been paid, or without first requiring the applicant to make an affidavit under the penalties of perjury that all resident taxes for which he is liable for the preceding or current year have been paid.
Source. 1953, 173:2. RSA 260:5. 1955, 39:2; 50:17; 125:1. 1957, 13:2. 1973, 531:86. 1976, 3:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:72-a
261:72-a Repealed by 1998, 207:9, I, eff. June 18, 1998. –
Section 261:72-b
261:72-b Repealed by 1998, 207:9, II, eff. June 18, 1998. –
Section 261:73
261:73 Penalty for False Statements. –
Whoever makes a false statement relative to the payment of a resident tax as herein provided shall be guilty of a violation and his registration may be suspended for a period not exceeding 3 months. Whoever wilfully makes any other false statement for the purpose of procuring a registration or permit shall be guilty of a violation. All fines collected for violation of the provisions relating to false statements concerning the payment of resident taxes shall be for the use of the towns in which the arrests are made.
Source. 1917, 229:2. 1921, 119:2; 120:6. PL 100:6, 21. 1933, 132:4. 1939, 120:4, 5. RL 116:4. RSA 260:6. 1973, 531:87. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:74
261:74 Registration of Vehicles Without Safety Glass Prohibited. –
The director shall approve and maintain a list of the approved types of glass, conforming to recognized specifications, tests, and requirements for safety glass, as defined herein, and the department shall not register any vehicle subject to the provisions of RSA 266:58, unless it be equipped with such glass.
Source. 1935, 72:1. RL 119:43. RSA 263:72. 1981, 146:1, eff. Jan. 1, 1982.
Registration by Municipal Agents
Section 261:74-a
261:74-a Agents Appointed. –
With the approval of the governing body of a city or town and subject to the direction and approval of the commissioner, the director may appoint municipal officials as agents to issue, renew or transfer motor vehicle registrations. The director shall determine the optimum number of registration agents that the division can reasonably accommodate. The appointment of any municipal official as a registration agent for the purposes of this subdivision shall continue while the agent holds his office or employment with the municipality, except as provided in RSA 261:74-b and 261:74-f.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:74-b
261:74-b Qualifications and Training of Agents. –
No municipal official shall be appointed as an agent unless he and his staff meet the qualifications and successfully complete the training program established under RSA 261:74-g. No agent shall continue to be authorized to perform the duties required under this subdivision unless he and his staff continue to meet the qualification and training requirements.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:74-c
261:74-c Duties of Agents. –
Each registration agent and his staff shall perform all of the duties necessary to issue, renew or transfer motor vehicle registrations, unless the director determines otherwise.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:74-d
261:74-d Additional Fees Charged by Agents. –
Each registration agent may charge an applicant not more than $3, $.50 of which is to recover local production and administrative costs, that shall be in addition to the fees otherwise required to issue, renew, or transfer a motor vehicle registration. The remaining $2.50 of this fee shall be retained either by the municipality if the registration agent receiving the fee is on salary to the municipality, or by the agent if the agent is not on salary to the municipality but is paid on a fee basis.
Source. 1981, 439:4. 1987, 404:26. 2008, 366:1, eff. Sept. 9, 2008.
Section 261:74-e
261:74-e Examination of Records. –
Any registration agent appointed pursuant to this subdivision shall be deemed to have given his consent for authorized agents of the department and any auditor employed by the legislative budget assistant to examine, during usual business hours, the records required to be preserved under this chapter; provided that no registration agent shall be subjected to unnecessary examinations or investigations.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:74-f
261:74-f Revocation of Agency Status. –
I. If the governing body of a city or town requests that the appointment of the municipal official as registration agent be revoked, it shall notify the director, who shall revoke the municipal official's appointment as a registration agent.
II. If the director determines that a registration agent has not continued to fulfill the requirements of RSA 261:74-b or has violated any of the rules adopted pursuant to RSA 261:74-g, he shall commence the procedure established in paragraph III.
III. Any registration agent whose appointment is sought to be revoked shall be afforded the opportunity of a hearing before the director or his designee prior to such revocation. Following the hearing, the director may revoke the appointment as a registration agent upon satisfactory evidence that the rules adopted pursuant to RSA 261:74-g have been violated and that the revocation is in the best interest of the state.
IV. Upon the revocation of such agency, the person shall surrender to the department or its authorized agent all materials issued by the state under the provisions of this subdivision and all records pertaining to all matters authorized by this subdivision.
V. Whenever an authorized auditor of the department, with the approval of the commissioner, determines that the public interest requires immediate action, the director may issue a temporary order suspending the authority of a registration agent to issue, renew or transfer registrations, pending a hearing.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:74-g
261:74-g Rulemaking. –
The director shall adopt rules pursuant to RSA 541-A relative to:
I. Minimum standards for the qualification of registration agents and their staff;
II. Training requirements and programs for registration agents and their staffs;
III. The collection, deposit and remittance of state funds pursuant to this subdivision;
IV. The completion of required reports and records and their submission to the department;
V. Minimum standards of accuracy, legibility and timeliness of submission for documents and reports;
VI. The bonding of registration agents and their staffs to indemnify the state in case of loss;
VII. The efficient and economical administration of this subdivision.
Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.
Registration by Dealer Agents
Section 261:74-h
261:74-h Appointment of Dealer Agents. –
Notwithstanding the provisions of RSA 261:148, subject to the direction and approval of the commissioner, the director may appoint retail vehicle dealers meeting the requirements of RSA 261:103-a as agents to process electronically though EVR integrators motor vehicle registrations, permits for registration, or registration transfers and title applications in conjunction with the sale of a new or used vehicle by said dealer. The director shall consult with the New Hampshire City and Town Clerks' Association and the New Hampshire Automobile Dealers Association prior to approving the appointment of any dealer agent. Any permits issued by a dealer agent shall indicate that it was processed by a dealer agent. No dealer shall be permitted to act as a dealer agent unless the department of safety has implemented an agreement with an EVR integrator.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-i
261:74-i Duration of Appointment. –
The director shall appoint those dealers that meet the reasonable security requirements and other requirements as set forth in this chapter and in rule. The appointment of any dealer for the purposes of this subdivision shall continue only as long as the ownership of the dealer remains the same, except as provided in RSA 261:74-j and RSA 261:74-q. In case of a transfer of ownership, the new owner may apply to become a dealer agent.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-j
261:74-j Qualifications and Training of Dealer Agents. –
No dealer shall be appointed as an agent unless the dealer principal or its staff meet the qualifications and successfully complete the training programs established under RSA 261:74-r. No dealer agent may perform the duties required under this subdivision unless the dealer principal or its staff continues to meet the reasonable qualification and training requirements.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-k
261:74-k Duties of Dealer Agents. –
Each dealer agent or its staff shall perform all the duties necessary to register motor vehicles, issue a permit for registration, transfer motor vehicle registrations, and process title applications unless the director determines otherwise. Dealers shall be responsible to the division, or towns and cities where applicable, for any inventory of title applications, registration forms, and any other materials issued to them and for all moneys collected. The dealer agent through the EVR integrator shall electronically transmit to the appropriate town or city a copy of the newly issued registration permit and a signed affidavit of residency, and, where applicable, a copy of the registration transferred and a copy of either the resident tax affidavit or the tax receipt as set forth in 261:74-n, III. Dealer agents shall be in compliance with the Red Flags Rule, 16 C.F.R part 681, and the Safeguards Rule, 16 C.F.R. part 314, as promulgated by the Federal Trade Commission.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-l
261:74-l Security and Record-Keeping Requirements. –
Before receiving title applications, registration forms, and any materials related to electronic vehicle registration, dealer agents shall adopt and implement security and record-keeping requirements satisfactory to the director.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-m
261:74-m Examination of Dealer Agent Records. –
Any dealer appointed as an agent pursuant to this subdivision shall be deemed to have given its consent for authorized agents of the department and any auditor employed or commissioned by the state of New Hampshire or the municipality to examine, during usual business hours and with reasonable notice, the records required to be preserved under this chapter; provided no such agent shall be subjected to unnecessary or unreasonable examinations or investigations.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-n
261:74-n Collection of Fees. –
I. Dealer agents shall collect the fees required to process motor vehicle registrations, permits for registration, transfers of registrations, and title applications as set forth in this chapter.
II. When a dealer agent processes motor vehicle registrations, permits for registration, transfers of registration, and title applications the applicable town or city or clerk shall receive the following fees through the dealer agent and the EVR integrator: the registration permit fee under RSA 261:153, I, the town clerk fee under RSA 261:152, the town clerk and dealer title application fees under RSA 261:4, IV, the municipal agent fee under RSA 261:74-d, and, when applicable, the waste reclamation fee under RSA 261:153, V, the municipal transportation improvement fee under RSA 261:153, VI, the collection of permit fees in unorganized places under RSA 261:160, and the public parking facilities fee under RSA 261:154. The town or city may use the fees received under this paragraph to offset the expenses of examination and auditing of the EVR program, if required. Towns, cities, and the state shall inform the EVR integrator annually as to the details of the fees listed in this paragraph and provide timely notice to the EVR integrator of any changes to fees.
III. When a registration permit applicant resides in a town that assesses, levies, or collects a resident tax pursuant to RSA 72:1, the applicant shall comply with the provisions of RSA 261:71 either by showing or causing to be shown to the dealer agent a tax receipt or by executing the affidavit permitted under RSA 261:71 at the time of sale. If a resident tax town electronically shares resident tax data with the EVR integrator, neither the affidavit nor tax receipt is needed if such data reveals the resident tax has been paid. An applicant shall not be permitted to register a vehicle if such data reveals that the applicant is delinquent in paying the resident tax.
IV. If the applicant resides in a town or city which has adopted the provisions of RSA 231:130-a and the town or city has provided notification of unpaid fines to the electronic vehicle registration integrator pursuant to 231:130-a, III, a dealer agent shall not issue a registration permit to the applicant unless the town or city clerk's records reveal no outstanding parking violations in this state.
V. No dealer agent shall assume or absorb any fee listed in paragraph II owed by a customer or advertise or assert that the dealer will assume or absorb such fee. Any violation of this paragraph shall subject the dealer agent to a fine of $100 per violation.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-o
261:74-o Optional Electronic Vehicle Registration Charge. –
Each dealer agent may collect a charge from the consumer to transmit electronically the registration and title data and the fees collected required to register a motor vehicle, issue a permit for registration, transfer a motor vehicle registration, or title a motor vehicle. This optional charge is in addition to other dealership fees or charges and the fees otherwise required to register a motor vehicle, issue a permit for registration, transfer a motor vehicle registration, or title a motor vehicle. The charge shall be separately stated and identified as "optional EVR charge" on the purchase agreement between the customer and the dealer agent and shall be disclosed on a separate document signed by the customer. If a customer declines to pay the optional electronic vehicle registration charge, the dealer agent is not required to register the vehicle, issue a permit for registration, title the vehicle, or collect the required fees.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-p
261:74-p Proof of Residency. –
A dealer agent shall not process any vehicle registration, permit for registration, or transfer of motor vehicle registration of a natural person unless the applicant has provided to the dealer agent a current New Hampshire driver's license or New Hampshire nondriver's picture identification card with an address matching the application to be transmitted and the natural person has signed an affidavit of residency which specifies the town or city in which he or she currently resides. Dealer agents shall not process registrations for homeless residents without a permanent address eligible to register under RSA 261:52-c. A dealer agent may register the vehicles of a corporation or other legal entity with a place of business in this state if the applicant is a registered business in New Hampshire and is in good standing and an authorized representative of the corporation or entity has signed an affidavit specifying the New Hampshire town or city in which the corporation or entity resides, is headquartered, or operates.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-q
261:74-q Revocation or Suspension of Agency Status. –
I. The director may revoke or suspend a dealer's agent status for any violation of law or rule governing electronic vehicle registration, any violation of the dealer agent's security and record-keeping plan, revocation or suspension of the dealer license, or any other action that in the director's opinion adversely affects the registration system. If the director determines that a dealer agent has not continued to fulfill the requirements of this subdivision or has violated any of the rules adopted pursuant to this subdivision, the director shall commence a process to suspend or revoke the agent status of the dealer. The director shall take into account concerns of towns, cities, and the EVR advisory group established under RSA 261:74-s, IV about dealer agents.
II. Any dealer agent whose appointment is sought to be suspended or revoked shall be afforded the opportunity for a hearing before the bureau of hearings prior to such suspension or revocation. Following the hearing, the director may suspend or revoke the appointment as dealer agent upon satisfactory evidence of malfeasance, misfeasance, theft, financial instability, or violation of the rules adopted under this subdivision and that the revocation or suspension is in the best interest of the state.
III. Upon the revocation of such agent status, the dealer agent shall surrender to the department or its authorized agent all materials issued by the state under the provision of this subdivision and all records pertaining to all matters authorized by this subdivision.
IV. Whenever an authorized auditor of the state of New Hampshire or the department determines that the public interest requires immediate action, the director may issue a temporary order suspending the authority of a dealer agent to register or transfer registrations, pending a hearing.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-r
261:74-r Rulemaking. –
The director, with input from the EVR advisory group established under RSA 261:74-s, IV, shall adopt rules pursuant to RSA 541-A relative to:
I. Minimum standards for the qualification of dealer agents and their staffs.
II. Minimum security standards for the dealer agent, staff, and dealer agent facility.
III. Training requirements and programs for dealer agents and their staffs.
IV. The collection, remittance, and auditing of state and local funds pursuant to this subdivision.
V. The completion of required reports and records and their submission to the department and towns or cities.
VI. Minimum standards of accuracy, legibility, and timeliness of submission for documents and reports.
VII. The indemnification and reimbursement of the state or town or city in case of loss.
VIII. The efficient and economical administration of this subdivision.
IX. Revocation and suspension of dealer agent status.
X. The ability to enter into agreements with dealer-agents and EVR integrators.
XI. The creation of an error resolution process to resolve registration errors resulting from the EVR program.
Source. 2011, 198:5, eff. June 15, 2011.
Section 261:74-s
261:74-s Agreements With Electronic Vehicle Registration Integrators. –
I. Upon approval of the attorney general and governor and council, the department may enter into an agreement with an electronic vehicle registration integrator to provide, at no cost to the state, any necessary hardware, software, or network connections between dealer agents, the department, and towns for the electronic transmittal and receipt of registration and title data and money. The electronic vehicle registration integrator shall be authorized in the agreement to collect and transfer funds electronically from the dealers to the department, towns, cities, or town clerks, where appropriate. RSA 261:141-b and RSA 80:52-c shall not apply to electronic transfers to or from an electronic vehicle registration integrator or a dealer agent. Electronic vehicle registration integrators shall transmit funds within one business day of the completion of the registration to the appropriate entity if the entity accepts electronic transfers of funds and within 20 days to any other entity. The transmittal of funds by an EVR integrator to a town or city or the state pursuant to this section shall not be considered a delegation of a town's, city's, or state's deposit function as set forth in RSA 41:29.
II. An agreement under this section shall provide for minimum standards established by the department and the department of information technology for transfers of data and funds, financial solvency of the electronic vehicle registration integrator, training of dealer-agents, and town clerks, if necessary, by the electronic vehicle registration integrator, implementation of an electronic vehicle registration integrator "help line" to assist dealer agents, automatic and accurate calculation of all fees required by this chapter, electronic transmittal of applicable documents to the towns, cities, and state, bonding to indemnify the state, municipalities, and dealer agents in the event of loss, security, and privacy of motor vehicle records, access by state-appointed auditors to the records and reports of the electronic vehicle registration integrator, minimum standards for the accuracy and timeliness of submission of data and funds, reporting to the state, towns, or cities, transmittal of fees required to register a motor vehicle, issue a permit for registration, transfer a motor vehicle registration, or title a vehicle provided said fees are transmitted to the appropriate entity in the manner set forth in this chapter, conditions for cancellation of the agreement, and the other requirements related to the efficient and economical administration of this subdivision. The reporting to the towns, cities, and state shall provide notice of registrations processed, allow proper and accurate collection and remittance of town or city moneys, allow integration of data and moneys into software used by towns and cities to transmit registration data to the state, allow towns and cities to clearly identify the particular fees collected and remitted, and provide vehicle specific data including the maker's list price, and vehicle make and model. The department shall solicit input from affected municipalities before entering into an agreement under this section.
III. To ensure the EVR integrator and dealer agents are accurately calculating the applicable fees and properly transmitting the fees and data, and that towns and cities may integrate the data and fees into the software used by towns and cities to transmit registration data to the state, the EVR program shall be implemented as follows:
(a) The first year of the EVR program shall involve a limited number of dealers and towns and cities as determined by the director and a single EVR integrator to ensure that the EVR program is successfully implemented. The director shall select which towns, cities, and dealers shall participate during the first year from a list of desiring volunteers submitted to the director by the senate president and the speaker of the house of representatives within 60 days of the effective date of this section. The director shall select the participants after obtaining the input of the New Hampshire City and Town Clerks' Association and the New Hampshire Automobile Dealers Association. The director shall ensure that a combination of large and small municipalities and large and small dealers are included in the initial group.
(b) After the EVR program has operated for 270 days, the director shall seek formal input from the EVR advisory group established in paragraph IV and towns, cities, and dealer agents involved in the program as to whether or not the EVR integrator and dealer agents are properly calculating and assessing applicable fees, properly transmitting the fees and data, and properly integrating data and moneys into the software used by towns and cities to transmit registration data to the state.
(c) After no more than 365 days of operation, the director, with consultation from the EVR advisory group established in paragraph IV, shall determine if the EVR program has achieved material compliance with the requirements set forth in RSA 261:74-h through RSA 261:74-s.
(d) The director, upon determining under subparagraph (c) that the EVR program has either achieved material compliance or has not achieved material compliance, shall report the basis for the determination to the president of the senate, the speaker of the house of representatives, and the senate and house standing committees with jurisdiction over commerce, and shall include any recommendations for statutory changes that may be necessary, in his or her opinion, to facilitate material compliance.
(e) If the director determines that there is a failure of the EVR program to materially comply with the requirements, he or she may, upon consultation with the EVR advisory group established in paragraph IV, authorize an additional 180 days of operation of the program to allow the achievement of material compliance with the requirements. No later than the one hundred eightieth day of the extension, the director shall, with consultation with the EVR advisory group, determine if material compliance with the requirements has been achieved. If material compliance has not been achieved by the end of the extension, the program shall end.
(f) Upon achievement of material compliance with the requirements of the EVR program, the director, upon consultation with the EVR advisory group established in paragraph IV, shall develop a plan to bring all remaining towns and cities who are municipal agents under RSA 261:74-a into the EVR program and allow additional dealer agents to apply for inclusion in the program. Any municipality that is not a municipal agent shall not be required to participate in the EVR program.
(g) One year after the incorporation of the remaining municipal agents into the EVR program, the department may enter into agreements with additional EVR integrators.
(h) After the incorporation of all municipal agents into the EVR program, the director shall evaluate on a periodic basis, no less than annually, whether the EVR integrators and dealer agents are properly calculating and assessing applicable fees, properly transmitting the fees and data, and properly integrating data and moneys into the software used by towns and cities to transmit registration data to the state.
IV. The director shall form an EVR advisory group consisting of representatives from the department of information technology, the division of motor vehicles, the department of safety, the New Hampshire City and Town Clerks' Association, the New Hampshire Government Finance Officers Association, organizations representing the interests of town managers and administrators, the New Hampshire Municipal Association, the New Hampshire Local Government Information Network, the New Hampshire Automobile Dealers Association, the EVR integrators, and other persons the director deems necessary. The primary purpose of the EVR advisory group is to ensure that the EVR program meets the requirements in rules and law. The EVR advisory group shall meet at least quarterly.
V. The director shall periodically evaluate whether the EVR program affects registration-related assistance provided to towns and cities by the department.
VI. The EVR integrator shall be responsible for all reasonable costs, as determined by the commissioner in consultation with the EVR integrator, of the state and towns for:
(a) The development, implementation, and integration of, and ongoing maintenance required to effectively operate, the EVR program; and
(b) Software modifications necessary to integrate EVR program moneys and data into software used by towns to transmit registration data to the state.
Source. 2011, 198:5, eff. June 15, 2011.
Number Plates
Section 261:75
261:75 Number Plates. –
I. The department shall design and issue to every person whose vehicle is registered a number plate or plates for a fee of $4.00 per plate. Such plate or plates shall be furnished by the department yearly or at whatever interval of years the department shall determine. In all cases such plate or plates shall bear on the face thereof a permanent or changeable designation of their effective period.
II. Every vehicle driven in or on any way in this state, if required to be registered hereunder, shall have displayed conspicuously thereon a number plate or plates to be furnished by the department, together with any current validation sticker issued by the department and which has a changeable designation of their effective period. The director may make special rules relative to the number of plates, the location of said plate or plates on the vehicle, and the material and design thereof, provided, however, that number plates for passenger vehicles shall have the state motto "Live Free or Die" written thereon. The plate shall be kept clean.
Source. 1905, 86:2. 1911, 133:2, 5. 1915, 129:2. 1917, 229:2. 1921, 119:2, 5. PL 100:3; 103:1. 1933, 94:1. 1939, 68:1. 1941, 101:1. RL 116:7; 119:1. 1943, 3:1, 2. RSA 260:9; 263:1. 1969, 494:1. 1970, 38:1. 1979, 358:5, I. 1981, 146:1. 1990, 79:3. 1997, 186:2. 2002, 165:6, eff. July 1, 2002.
Section 261:75-a
261:75-a Number Plate Checks by Law Enforcement. –
A duly sworn state, county, or local law enforcement officer in the performance of his or her duties may obtain, through electronic query from the department of safety, the registration information on a particular number plate and plate type or number plate validation decal for any official purpose, whether the inquiry relates to a particular offense or is for general crime detection and prevention purposes, provided a record is kept regarding such inquiry. The information so obtained shall only be used for valid law enforcement purposes and shall not be disclosed to any unauthorized person for any purpose. The commissioner of safety may further limit the release of such information at his or her discretion.
Source. 2007, 335:1, eff. July 16, 2007.
Section 261:75-b
[RSA 261:75-b repealed by 2016, 78:3, II, effective January 1, 2027.]
261:75-b Use of Number Plate Scanning Devices Regulated. –
The use of automated number plate scanning devices, also known as automated license plate readers (LPRs) is restricted to local, county, and state law enforcement officers who shall only use the devices subject to the following conditions and limitations:
I. An LPR shall be installed for the sole purpose of recording and checking license plates and shall not be capable of photographing or recording or producing images of the occupants of a motor vehicle.
II. Authority to obtain and issue LPR devices and to administer a documented training process for acquiring proficiency in their operation and compliance with federal and state regulations and other appropriate legal mandates shall be vested in the head of the state police or the chief of police, director, county sheriff, or other head of a law enforcement agency or his or her designee. Only devices authorized by the head of the law enforcement agency shall be approved for its use by its officers and the devices shall be maintained in accordance with the manufacturer's recommendations. Such policy or policies shall conform to the requirements of this chapter.
III. Prior to using an LPR, the law enforcement agency intending to use the device shall register it with the department of safety on forms approved by the commissioner for that purpose. The head of the law enforcement agency shall certify that the device meets all the requirements of this section and that the agency has a policy or policies in effect governing its use and a documented training process for the officers that will use it.
IV. The law enforcement agency shall ensure that data entered into the LPR through a hard link or wireless upload on a daily basis for the purpose of making deletions and additions to keep current the lists against which the device is scanning. Officers shall make manual changes to the list during their shifts when they become aware that new bulletins are issued or bulletins are canceled. Partial plate numbers or characters reported as a result of serious crimes may be entered into the LPR in an attempt to identify suspected vehicles used in connection with the crime.
V. LPR operation and access to LPR collected data shall be for official law enforcement purposes only. LPR devices shall only be used to scan, detect, and identify license plate numbers for the purpose of identifying:
(a) Stolen vehicles.
(b) Vehicles associated with wanted, missing, or endangered persons.
(c) Vehicles registered to a person against whom there is an outstanding warrant.
(d) Vehicles registered to persons whose drivers' licenses, driving privileges, or vehicle registrations are under suspension or revocation.
(e) Vehicles registered to persons suspected of criminal or terrorist acts, transportation of stolen items or contraband, or motor vehicle violations.
(f) Vehicles in violation of commercial trucking requirements.
(g) Vehicles involved in case-specific criminal investigative surveillance.
(h) Vehicles involved in homicides, shootings, and other major crimes or incidents.
(i) Vehicles in the vicinity of a recent crime that may be connected to the crime.
VI. A positive match by an LPR device alone shall not constitute reasonable suspicion as grounds for a law enforcement officer to stop the vehicle. The officer shall develop independent reasonable suspicion for the stop or immediately confirm visually that the license plate on the vehicle matches the image of the license plate displayed on the LPR and confirm by other means that the license plate number is on one of the lists specified in paragraph V.
VII. Prior to stopping a vehicle based on an LPR alarm, the officer shall attempt to visually verify that the number plate on the list matches the digital image displayed on the LPR. If it matches the alarm it shall be accepted and the officer shall initiate a query of the National Crime Information Center (NCIC) database.
VIII. Records of number plates read by each LPR shall not be recorded or transmitted anywhere and shall be purged from the system within 3 minutes of their capture in such a manner that they are destroyed and are not recoverable, unless an alarm resulted in an arrest, a citation, or protective custody, or identified a vehicle that was the subject of a missing person or wanted broadcast, in which case the data on the particular number plate may be retained until final court disposition of the case. Captured license plate data obtained for the purposes described in paragraph V shall not be used or shared for any other purpose.
IX. Access to LPR records shall only be allowed on a case-by-case basis, for legitimate law enforcement investigative, prosecution, or audit verification purposes. All inquiries of LPR records shall be recorded for purposes of an audit trail and maintained by the law enforcement agency in the same manner as criminal history logs.
X. To ensure compliance with the provisions of this section or to investigate complaints of misuse of LPR devices, the attorney general or a designee of the department of justice including county attorneys and law enforcement officers acting at the request of the attorney general may examine and audit any LPR device, a server used to store LPR data, and records pertaining to the use of LPR devices maintained by any state, county, or local law enforcement agency and the department of justice may seek an injunction banning the use of LPR devices by an agency found to have used an LPR device or devices in repeated violation of this section and requiring the confiscation of LPR devices if the attorney general deems it necessary to prevent ongoing violations or deter future violations of this subdivision.
XI. A law enforcement agency using an LPR device shall report to the commissioner annually, beginning one year from the date equipment is deployed, the following information compiled for the previous year:
(a) The number of devices in use.
(b) The number of matches made by the LPR devices.
(c) The number of matches that identified vehicles and individuals sought by law enforcement and that resulted in stops of vehicles or individuals.
(d) The number of matches that resulted in searches of vehicles and individuals, releases, arrests, or other outcomes.
(e) Other information requested by the commissioner.
Source. 2007, 335:1, eff. July 16, 2007. 2016, 78:2, eff. July 18, 2016.
Section 261:75-c
261:75-c Special Registration Plate Symbol. –
The director is hereby authorized to assign registration numbers that include a special registration plate symbol for the purpose of benefitting the state park system. The special registration plate symbol shall serve as a character in the registration number. A special registration plate symbol may be used on any type of number plate issued by the division for private passenger vehicles, recreational vehicles, and motorcycles. The design and size of an appropriate symbol shall be determined by the commissioner in consultation with the commissioner of natural and cultural resources. The department shall determine the means of identifying the special registration plate symbol in the computerized records of the department. A special registration plate symbol shall be available to any applicant upon payment of a special registration plate symbol fee of $85, which shall be in addition to any other registration and number plate fees. An applicant may include the symbol on any vanity number plate upon payment of the special registration plate symbol fee and the vanity plate service fee in RSA 261:89. Vanity plate service fees shall be distributed as provided in RSA 261:89 and RSA 263:52. The fees described in this section shall apply to original registrations and annual registration renewals. The department shall retain from the special registration plate symbol fees an amount as is necessary to recover any additional production and administrative costs associated with use of the symbol. The remaining funds shall be paid to the state treasurer and deposited in the state park fund established in RSA 216-A:3-i to fund maintenance and use of the park system and promotion of the special registration number program. All other registration fees, permit fees, number plate fees, and special number plate fees shall be distributed as required by law. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.
Source. 2010, 373:4, eff. Jan. 1, 2011. 2017, 156:14, I, eff. July 1, 2017.
Section 261:76
261:76 Number of Plates. –
Any provision of the motor vehicle laws relative to furnishing sets of number plates for various types of vehicles shall be construed as authorizing the director to determine the number of plates to be furnished for any one vehicle in accordance with his determination as made under the authority of RSA 261:75.
Source. 1943, 3:3. RSA 263:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:77
261:77 Use of Plates. –
Except as provided for nonresidents, no number plates other than those procured from the department or authorized by the director shall be displayed on any vehicle so operated. No expired number plates shall be displayed. This prohibition on the display of expired number plates shall not supersede the provisions of RSA 261:89-a, nor shall it apply in those cases in which expired number plates are displayed in conjunction with current and authorized plates issued by the director which contain the designation "antique". During the month of expiration, the owner of a duly registered vehicle which has been properly registered for the succeeding year may display the number plates for that year in place of those of the current year. The provisions of this section shall also apply to a vehicle which has been exchanged for a vehicle properly registered.
Source. 1911, 133:5. 1921, 119:5. PL 103:2. 1927, 76:1. 1937, 113:7. 1939, 140:1. RL 119:2. RSA 263:3. 1981, 146:1. 1994, 384:2, eff. June 9, 1994.
Section 261:78
261:78 Repealed by 1987, 151:10, II, eff. July 1, 1987 at 12:01 a.m. –
Section 261:79
261:79 Repealed by 1997, 252:5, III, eff. Aug. 18, 1997. –
Section 261:80
261:80 Number Plates for Mopeds. –
The department shall furnish for the fee set forth in RSA 261:75, I, to each person whose moped is registered a number plate of a suitable design which design shall be different from the design of motorcycle number plates.
Source. RSA 260:11-c. 1976, 4:18. 1981, 146:1. 2008, 366:2, eff. Sept. 9, 2008.
Section 261:81
261:81 Repealed by 2017, 24:1, I, eff. April 25, 2017. –
Section 261:81-a
261:81-a Registration of Other Motorized Devices. –
If other than a motorcycle, autocycle, motor-driven cycle, or moped, any person seeking to register a motorized 2- or 3-wheeled vehicle or device shall provide proof of manufacture to meet United States Department of Transportation motor vehicle safety standards to the satisfaction of the director.
Source. 2005, 108:2, eff. Jan. 1, 2006. 2015, 222:3, eff. July 1, 2015.
Section 261:82
261:82 Agricultural Plates. –
I. A truck, truck-tractor, tractor, or cargo van shall qualify for agricultural registration rates and number plates and shall be driven with such registration only within a 20 mile radius from the main entrance to the farm upon which said vehicle is driven, and may be used for the following purposes:
(a) Transportation of agricultural products for delivery to storage or to market or to carriers for transportation to market.
(b) Non-commercial hauling of firewood harvested on the farm.
(c) Hauling animals, hay, fertilizer, feed, livestock, poultry, agricultural supplies, farm workers or other supplies or farm products in connection with the registrant's farming operation.
(d) Hauling household rubbish or garbage from the farm to a disposal site.
(e) Hauling or towing implements of husbandry.
II. Notwithstanding the limitations set forth in paragraph I, a vehicle registered under this section may be used to transport animals and agricultural products to agricultural fairs and exhibits for exhibition purposes only.
III. A vehicle registered under this section shall not be used for the purpose of transporting goods for sale or hire, including the common or contract carriage of freight or merchandise, or for commuting to and from a place of employment, or for leisure activities.
IV. This section shall be construed as authorizing the holder of agricultural plates, or a driver authorized by the holder, to operate the vehicle while it is empty so long as it is being used generally to accomplish the purposes allowed in this section, and to transport within such vehicle incidental personal property such as food, tools, and clothing. The holder or authorized driver may operate the vehicle for purposes that are incidental to the purposes in paragraph I, including, but not limited to, stops at a school or place of business during travel authorized by paragraph I.
V. (a) To be eligible for the issuance of an agricultural vehicle registration for agricultural and farming purposes, the applicant shall sign the following form which the treasurer of a city or such other official as the city government may designate or the town clerk shall provide. This form shall be provided to the applicant upon request without further evidence from the applicant that the plate shall be used for purposes of this section.
I, the undersigned, fully understand the limitations concerning the use of trucks, tractor-trucks, tractors, or cargo vans registered under RSA 261:82, and hereby certify that my vehicle will be used only for agricultural and farming purposes and uses incidental thereto, within a 20 mile radius of the main entrance of the farm upon which the vehicle is to be driven.
Signed:
Date:
Copies to:
Town or City Clerk
Applicant
(b) To be eligible for the issuance of an agricultural vehicle registration in support of commercial fishing operations, the applicant shall sign the following form which the treasurer of a city or such other official as the city government may designate or the town clerk shall provide. This form shall be provided to the applicant upon request without further evidence from the applicant that the plate shall be used for purposes of this section.
I, the undersigned, fully understand the limitations concerning the use of trucks, tractor-trucks, tractors, or cargo vans registered under RSA 261:82, and hereby certify that my vehicle will be used only in support of commercial fishing operations, within a 10 mile radius of the main entrance to the docking area of the commercial fishing boats it is supporting.
Signed:
Date:
Copies to:
Town or City Clerk
Applicant
VI. A truck, truck-tractor, tractor, or cargo van shall qualify for agricultural registration rates and number plates and shall be driven with such registration if:
(a) It is used exclusively in support of commercial fishing operations; and
(b) It is driven within a 10 mile radius from the main entrance to the docking area of the commercial fishing boats it is supporting; and
(c) It is used only for the transportation of commercial fishing products for delivery to storage or to market or to carriers for transportation to market or in support of maintenance or operations of the fishing boat and transportation of the crew.
Source. 1905, 86:2, 3. 1909, 154:1, 2. 1911, 133:26. 1913, 81:6; 171:1, 2. 1915, 129:8. 1917, 229:7. 1919, 161:6. 1921, 119:25. 1923, 75:11. 1925, 87:1; 137:1. PL 102:1. 1927, 53:2; 94:1. 1933, 170:2. 1935, 45:1; 73:5. 1939, 48:1; 66:1; 132:5, 6; 161:1, 2; 189:4; 190:8. RL 118:1. 1945, 48:1. 1947, 107:2; 118:1; 177:7; 273:1, 2. 1949, 37:1. 1951, 24:1; 144:2. 1953, 76:1; 252:1, 2, 6. RSA 262:1. 1955, 144:1. 1957, 235:1. 1965, 240:3. 1971, 113:1. 1977, 314:5; 487:3. 1978, 38:1. 1981, 146:1; 320:1, 2. 1982, 12:1. 1985, 213:9. 1986, 24:1. 1991, 77:1, 2. 2012, 120:1, 2, eff. June 5, 2012. 2016, 97:1, eff. Jan. 1, 2017. 2018, 62:1, eff. July 24, 2018.
Section 261:83
261:83 Farm Tractor Plates. –
I. A tractor shall qualify for farm tractor registration rates and shall be driven with such registration only when the tractor is used exclusively for agricultural purposes or to draw another vehicle in such a way that part of the load is carried on such towing vehicle.
II. Notwithstanding any provision of law to the contrary, a farm tractor that is fitted with attachments such as cultivators, loaders, or other equipment, specific to the activities of the farm, or a specialized vehicle such as a backhoe, bulldozer, excavator, grader, or loader, shall qualify for farm tractor registration rates and number plates, provided that it is being used exclusively for agriculture and farming purposes, and not being used for hire.
III. For a person using a specialized vehicle under paragraph II to be eligible for the issuance of a farm tractor plate, the applicant shall sign the following form which the treasurer of a city or such other official as the city government may designate or the town clerk shall provide. This form shall be provided to the applicant upon request without further evidence from the applicant that the plate shall be used for purposes of this section.
I, the undersigned, fully understand the limitations concerning the use of specialized vehicles such as backhoes, bulldozers, excavators, graders, or loaders registered under RSA 261:83, and hereby certify that my vehicle will be used only for agricultural and farming purposes and uses incidental thereto.
Signed: ___________________________
Date: __________
Copies to:
Town or City Clerk
Applicant
Source. 1905, 86:2, 3. 1909, 154:1, 2. 1911, 133:26. 1913, 81:6; 171:1, 2. 1915, 129:8. 1917, 229:7. 1919, 161:6. 1921, 119:25. 1923, 75:11. 1925, 87:1; 137:1. PL 102:1. 1927, 53:2; 94:1. 1933, 170:2. 1935, 45:1; 73:5. 1939, 48:1; 66:1; 132:5, 6; 161:1, 2; 189:4; 190:8. RL 118:1. 1945, 48:1. 1947, 107:2; 118:1; 177:7; 273:1, 2. 1949, 37:1. 1951, 24:1; 144:2. 1953, 76:1; 252:1, 2, 6. RSA 262:1. 1955, 144:1. 1957, 235:1. 1965, 240:3. 1971, 113:1. 1977, 314:5; 487:3. 1978, 38:1. 1981, 146:1. 1999, 265:4. 2002, 253:3, eff. July 16, 2002. 2016, 129:1, eff. July 26, 2016.
Section 261:84
261:84 Farm Plates. –
I. A truck, tractor-truck, or semi-trailer shall qualify for farm registration rates and number plates and shall be driven with such registration only if such vehicle is used solely for the transportation of agricultural products produced on and meant to be used in connection with the operation of a farm or farms owned, operated, or occupied by the registrant. Additionally, any vehicle which qualifies for farm plates may transport or tow an implement of husbandry. A vehicle which qualifies for farm registration and number plates shall not be used for the transportation of wood and lumber for sale other than from such farms on which the production of wood and lumber is incidental to other farm operations, nor shall such trucks be used for the retail delivery of milk.
II. This section shall be construed as authorizing the holder of farm plates or a driver authorized by the holder to operate the vehicle while it is empty so long as it is being used generally to accomplish the purposes allowed in this section, and to transport within such vehicle incidental personal property such as food, tools, and clothing.
III. To be eligible for the issuance of a farm vehicle registration, the applicant shall sign the following form which the treasurer of a city or such other official as the city government may designate or the town clerk shall provide. This form shall be provided to the applicant upon request without further evidence from the applicant that the plate shall be used for purposes of this section.
I, the undersigned, fully understand the limitations concerning the use of trucks, tractor-trucks, or semi-trailers registered under RSA 261:84, and hereby certify that my vehicle will be used only for agricultural and farming purposes and uses incidental thereto.
Signed:
Date:
Copies to:
Town or City Clerk
Applicant
Source. 1905, 86:2, 3. 1909, 154:1, 2. 1911, 133:26. 1913, 81:6; 171:1, 2. 1915, 129:8. 1917, 229:7. 1919, 161:6. 1921, 119:25. 1923, 75:11. 1925, 87:1; 137:1. PL 102:1. 1927, 53:2; 94:1. 1933, 170:2. 1935, 45:1; 73:5. 1939, 48:1; 66:1; 132:5, 6; 161:1, 2; 189:4; 190:8. RL 118:1. 1945, 48:1. 1947, 107:2; 118:1; 177:7; 273:1, 2. 1949, 37:1. 1951, 24:1; 144:2. 1953, 76:1; 252:1, 2, 6. RSA 262:1. 1955, 144:1. 1957, 235:1. 1965, 240:3. 1971, 113:1. 1977, 314:5; 487:3. 1978, 38:1. 1981, 146:1. 1986, 24:2. 1987, 188:1. 1991, 77:3. 2007, 13:1, eff. July 1, 2007. 2018, 62:2, eff. July 24, 2018.
Section 261:85
261:85 Repealed by 2017, 24:1, II, eff. April 25, 2017. –
Section 261:86
261:86 Special Number Plates for Certain Veterans. –
I. The department shall furnish one set of special number plates, designed by the director with the approval of the commissioner, for one motor vehicle owned by a veteran, who may be listed as the first or second owner on the certificate of title or certificate of registration, who:
(a) Because of being an amputee, or paraplegic, has received said motor vehicle from the United States government or whose vehicle is to replace one so received, or who is evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from such service-connected disability. The special number plates shall incorporate the international accessibility symbol. The permanently and totally disabled veteran, in lieu of the special number plates described in this subparagraph, may opt to receive without charge one set of the special number plates for veterans described in RSA 261:87-b, but in such case shall not be entitled to free parking privileges that are reserved for plates with the international accessibility symbol.
(b) Has been determined by the veterans administration to be suffering from total blindness as a result of a service-connected disability.
(c) Is a former prisoner of war and was captured and incarcerated while serving in a qualifying war or armed conflict as defined in RSA 72:28, V or while serving in military operations in Iraq or Afghanistan, and who was honorably discharged, provided that such person has furnished the director with satisfactory proof of these circumstances. The plates shall be transferable upon death to the surviving spouse of the prisoner of war. The surviving spouse shall be entitled to the plate as long as he or she lives, unless he or she remarries. For purposes of this subparagraph, "prisoner of war" shall include a person who was captured and incarcerated while serving in military operations in Iraq or Afghanistan whether or not he or she was formerly designated as a "prisoner of war" by the United States Department of Defense.
(d) Was awarded the Purple Heart medal in a qualifying war or armed conflict as defined in RSA 72:28, V, and who was honorably discharged or is still on active duty, provided that such person has furnished the director with satisfactory proof of these circumstances. A veteran furnished a Purple Heart plate while on active duty shall furnish proof of honorable discharge to the director prior to the first renewal of registration following discharge. The surviving spouse shall be entitled to the plate as long as he or she lives, unless he or she remarries.
(e) Survived Pearl Harbor and was honorably discharged, provided that such person has furnished the director with satisfactory proof of these circumstances. The plates shall be issued upon payment of the regular registration fee. The plates shall be transferable upon death to the surviving spouse of the Pearl Harbor survivor. The surviving spouse shall be entitled to the plate as long as he or she lives, unless he or she remarries.
II. The initial set of plates furnished pursuant to subparagraphs I(a)-I(e) shall be issued without charge. An additional set of plates shall be issued to a person who qualifies for the special plates upon payment of the state and municipal permit fees for issuance of number plates. Notwithstanding RSA 265:73 or any other law, any person who is issued a plate pursuant to subparagraphs I(c)-I(e) shall not be entitled to free parking privileges for disabled veterans. A person who qualifies for special plates pursuant to subparagraph I(a), I(c), I(d), or I(e) may be issued an additional plate for a motorcycle.
Source. 1949, 143:1. RSA 260:17. 1971, 242:1. 1973, 320:5. 1974, 45:18. 1981, 146:1. 1987, 108:1. 1995, 46:1, 2; 119:1. 1999, 291:1. 2002, 66:1; 262:2. 2003, 298:3; 299:20. 2008, 122:1; 355:1. 2009, 322:1, 2. 2010, 309:4. 2013, 102:1, eff. Jan. 1, 2014; 178:1, eff. Aug. 31, 2013. 2016, 279:2, eff. July 1, 2017. 2017, 41:1, eff. Jan. 1, 2018; 119:1, 2, eff. Jan. 1, 2018. 2019, 162:1, eff. Sept. 7, 2019.
Section 261:87
261:87 Repealed by 1999, 291:2, I, eff. Sept. 14, 1999. –
Section 261:87-a
261:87-a Repealed by 1999, 291:2, II, eff. Sept. 14, 1999. –
Section 261:87-b
261:87-b Special Number Plates for Veterans. –
I. The director is hereby authorized to issue special number plates to be used on motor vehicles owned by veterans of the United States armed services, in lieu of other number plates. The design of these special plates shall be determined by the commissioner, and shall be distinct from the design or designs of those plates issued under RSA 261:86. Such plates shall be issued only to veterans as defined in RSA 21:50, I(a) upon application, proof of veteran status in a form authorized by RSA 21:50, I(b), and payment of the regular motor vehicle registration fee and the $4 per plate fees under RSA 261:75. The director shall also issue such plates to any person providing proof of honorable discharge from the armed services of any nation allied with the United States during World War II and proof of such person's service during World War II. Renewals of such special number plates shall be charged the fee assessed for standard motor vehicles as prescribed under RSA 261:141. The plates furnished pursuant to this section are non-transferable and shall expire upon the death of the veteran, except that the surviving spouse may use the plates for one year after the death of the veteran and shall be eligible to replace the plates during that year at no charge under RSA 261:75.
II. For purposes of this section, a motor vehicle is owned by a veteran if the veteran is the motor vehicle's owner under RSA 259:72, I, or if the legal ownership of the motor vehicle is held by a trust established by the veteran and the veteran has use of the motor vehicle or the motor vehicle is used for the transportation of the veteran. The director shall establish the documentation required for a motor vehicle held in trust to be eligible for plates under this section. The director shall not issue more than one set of plates under this section to any trust. A trustee of the trust or the administrator of the estate may be fined up to $500 for failing to return within 60 days of the death of the veteran any plates issued under this section for a motor vehicle held in trust.
Source. 2000, 284:1. 2002, 160:1. 2004, 209:1. 2006, 262:2, 3. 2007, 165:1. 2008, 355:2, eff. July 1, 2008.
Section 261:87-c
261:87-c Gold Star Number Plates. –
I. The department shall furnish one set of special number plates, designed by the director with the approval of the commissioner, for one motor vehicle owned by a mother or stepmother of a person killed while on duty in the United States armed forces. These gold star number plates shall be issued upon payment of the regular registration fees. There shall be no number plate fees for gold star number plates.
II. For purposes of this section, a motor vehicle is owned by a mother or stepmother of a person killed while on duty in the United States armed forces if the mother or stepmother of a person killed while on duty in the United States armed forces is the motor vehicle's owner under RSA 259:72, I, or if the legal ownership of the motor vehicle is held by a trust established by the mother or stepmother of a person killed while on duty in the United States armed forces and the mother or stepmother of a person killed while on duty in the United States armed forces has use of the motor vehicle or the motor vehicle is used for the transportation of the mother or stepmother of a person killed while on duty in the United States armed forces. The director shall establish the documentation required for a motor vehicle held in trust to be eligible for plates under this section. The director shall not issue more than one set of plates under this section to any trust. A trustee of the trust or the administrator of the estate may be fined up to $500 for failing to return within 60 days of the death of the mother or stepmother of a person killed while on duty in the United States armed forces any plates issued under this section for a motor vehicle held in trust.
III. A stepmother of a person killed while on duty in the United States armed forces shall only be eligible for gold star number plates if her marriage license is dated prior to the member's fifteenth birthday and the stepmother provides a copy of the marriage license to the director. The stepmother shall also be required to provide a DD Form 1300 to the director. A stepmother shall not receive plates under this section if another stepmother of the person killed while on duty holds gold star number plates furnished under this section.
Source. 2006, 262:1. 2008, 100:2, eff. May 28, 2008. 2018, 128:1, eff. July 29, 2018.
Section 261:88
261:88 Walking Disability Plates and Placards. –
I. In this section:
(a) "Removable windshield placard" means a two-sided, hanger style placard which includes on each side the international symbol of access, which is at least 3 inches in height, centered on the placard, and which is white on a blue shield, has an identification number, a date of expiration, and a seal or other identification of the department of safety.
(b) "Temporary removable windshield placard" means a two-sided, hanger style placard which includes on each side the international symbol of access, which is at least 3 inches in height, centered on the placard, and which is white on a red shield, has an identification number, a date of expiration, and the seal or other identification of the department of safety.
(c) "Walking disability" means a disability which limits or impairs a person's ability to walk, as determined by a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse, to such an extent that such person:
(1) [Repealed.]
(2) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
(3) Is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than 1 liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest; or
(4) Uses portable oxygen; or
(5) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class 3 or class 4 according to standards set by the American Heart Association; or
(6) Is severely limited in the ability to walk due to an arthritic, neurological, orthopedic, or other medically debilitating condition.
II. The director shall design and issue, with the approval of the commissioner, special number plates which shall incorporate the international accessibility symbol. The director shall make such plates available as an optional number plate to be used on a motor vehicle:
(a) Owned by a person with a walking disability.
(b) Owned by an organization in this state and primarily used to transport persons with walking disabilities.
(c) Owned by a relative of a person with a walking disability when such person is a resident of this state, member of the relative's household, and dependent on the owner of the motor vehicle as the person's primary means of transportation.
II-a. A person with a walking disability may receive separate special number plates for each motorcycle owned by the person.
III. An applicant for such special plates shall furnish the director with satisfactory proof, as the director may require, that the applicant meets the requirements of paragraph II. Such proof must be submitted upon application and shall be resubmitted at the time of renewal registration in the year when the registrant's driver's license or nondriver's identification card expires or every 5 years in the case where no New Hampshire driver's license or nondriver's identification card exists except in the case of a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from service-connected disability. Such proof shall only have to be made upon initial application. Satisfactory proof of a walking disability, at a minimum, shall consist of the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability, as defined in paragraph I. Upon request and for the fee set forth in RSA 261:75, I, the director shall exchange special plates for regular plates currently issued to an applicant who qualifies for special plates.
IV. The director shall design and issue, with approval of the commissioner, vanity number plates to be used on motor vehicles owned by persons qualified to receive special number plates under paragraph II. The vanity number plate shall be of such design and shall bear such letters or letters and numbers as the director shall prescribe, provided that the plates shall incorporate the international accessibility symbol and there shall be no duplication of identification. The vanity number plate shall be issued only upon application, approval, and upon payment of the special fee established in RSA 261:89. All special fees collected under this section shall be distributed as set forth in RSA 261:89.
V. Upon application the department shall furnish a hanging windshield placard to a person with a walking disability who satisfactorily furnishes proof of such disability to the director. Any nonprofit agency serving a person with a walking disability may apply to the department for a hanging windshield placard. An applicant for such placard shall furnish the director with satisfactory proof, as the director may require, that the applicant will use the placard solely for the transportation of a person with a walking disability. The quantity of placards issued under this paragraph shall be at the discretion of the director. This placard shall meet the standards set forth in 23 C.F.R. part 1235, appendix A. The removable windshield placard shall be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard. A request from any nonprofit agency for a placard shall be approved by the administrator of the nonprofit agency and any other application for such a placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The placard shall expire on the date when the applicant's driver's license or nondriver's identification card expires or 5 years from the date of placard issuance in the case where no New Hampshire driver's license or nondriver's identification card exists and the expiration date shall be noted on the placard or on a sticker affixed to the placard. The placard shall be renewed, upon application on forms provided by the director, if the director determines that the disability which necessitated the issuance of the placard continues or if the person is a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from a service-connected disability. Upon request of the applicant the director shall issue one additional placard to the applicant if the applicant does not have special license plates.
VI. Upon the application of a person with a temporary walking disability the director shall issue a temporary removable windshield placard. The placard shall comply with the standards set forth in 23 C.F.R. part 1235, appendix B. The temporary removable windshield placard shall be displayed in such a manner that it may be viewed from the front and the rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard. Upon request the director shall issue one additional temporary removable windshield placard to applicants. Application for a temporary removable windshield placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The certification shall also include the period of time that the physician, physician assistant, podiatrist, or advanced practice registered nurse determines the applicant will have the disability, which period of time shall not exceed 6 months. The expiration date of the temporary placard shall be noted on the placard.
VII. The issuance of special plates shall not preclude the issuance of a hanging placard.
VIII. Any person who finds or has reason to believe that such special plates or placards are being improperly used may report any such violation to the department. Any police officer of a city or town who finds that such special plate or placard is being improperly used shall report such violation to the department. The director may, at his or her discretion, revoke such special plate or placard for violation of any provision or law related to the use of special plates or placards.
IX. The state of New Hampshire shall recognize removable windshield placards, temporary removable windshield placards, and special license plates which have been issued by issuing authorities of other states and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with walking disabilities.
X. Special license plates, removable windshield placards, or temporary removable windshield placards displaying the international symbol of access shall be the only recognized means of identifying vehicles permitted to utilize parking spaces reserved for persons with walking disabilities.
XI. [Repealed.]
Source. RSA 260:18-a. 1957, 160:1. 1977, 301:1; 525:1. 1978, 26:1. 1979, 36:1; 417:1-3. 1981, 146:1; 479:59, 61. 1982, 39:10; 42:210. 1985, 109:1. 1988, 65:2. 1989, 316:1. 1992, 282:2. 1993, 268:1. 1994, 399:4. 1998, 369:1-4. 1999, 41:1. 2003, 15:1, 2. 2004, 26:1. 2006, 317:9. 2007, 180:1. 2008, 366:3. 2009, 54:5, eff. July 21, 2009. 2014, 94:1-3, eff. Aug. 10, 2014. 2015, 243:7, 8, eff. Jan. 1, 2016. 2016, 304:2, eff. Jan. 1, 2017. 2020, 37:4, XX, eff. July 29, 2020. 2022, 34:1, eff. May 3, 2022.
Section 261:89
261:89 Vanity Number Plates. –
The director is hereby authorized to design and to issue, under such rules as the director deems appropriate, vanity number plates to be used on motor vehicles in lieu of other number plates. Such number plates shall be of such design and shall bear such letters or letters and numbers as the director shall prescribe, but there shall be no duplication of identification. Such number plates or a changeable designation of the effective period thereof, as the director shall determine, shall be issued only upon application therefor and upon payment of a special vanity plate service fee of $40, said special fee to be in addition to the regular motor vehicle registration fee and any other number plate manufacturing fee otherwise required by law for the particular vehicle. Plates shall be renewed on an annual basis for $40 per set. All special fees collected under this section shall be paid to the state treasurer and distributed as provided by RSA 263:52. Upon rejection of an application for vanity number plates, the director shall refund or credit the collected special vanity plate service fee. The director shall recall any vanity number plates that have been issued which do not conform to applicable law and rules, regardless of when the plates were issued. Any person whose application for vanity number plates has been rejected or whose vanity number plates have been recalled shall be issued a number plate of the same classification as the plate that had been requested or recalled. The prorated by month portion of the special vanity plate service fee shall be refunded or credited to the person whose vanity number plates have been recalled.
Source. RSA 260:10-a. 1957, 8:1. 1970, 38:6. 1974, 45:2. 1981, 146:1. 1982, 42:154. 1983, 469:104. 2009, 144:195, eff. July 1, 2009. 2015, 243:11, eff. Jan. 1, 2016.
Section 261:89-a
261:89-a Antique Motor Vehicle, Motorcycle, or Trailer Plates. –
I. The director may permit the owner of an antique motor vehicle, farm tractor, or motorcycle, as defined in RSA 259:4, or trailer, as defined in paragraph II of this section, to use a registration plate which was issued in the same year that the antique motor vehicle, farm tractor, motorcycle, or trailer was manufactured, provided the motor vehicle, farm tractor, motorcycle, or trailer is registered as an antique motor vehicle, farm tractor, motorcycle, or trailer under this chapter, and the number of the antique plate is recorded with the director. Registration plates issued in the same year that the antique motor vehicle was manufactured may be affixed to both the front and rear of the antique motor vehicle, to either the front or rear of the antique motorcycle, and to the rear of the farm tractor or antique trailer for any such vehicle with a year of manufacture of 1975 or earlier if the registration plate matching the registration certificate is carried within the antique motor vehicle, so long as the number on the antique plate is not in use on another motor vehicle, farm tractor, motorcycle, or trailer. Any antique motor vehicle, farm tractor, motorcycle, or trailer bearing a registration plate with the year of manufacture shall also carry, within it, a valid antique motor vehicle, farm tractor, motorcycle, or trailer registration certificate and a permit issued under this section.
II. For the purposes of this section, "trailer" means any vehicle without motive power, designed for carrying passengers or property wholly on its own structure and for being drawn by a self-propelled vehicle.
Source. 1991, 73:1. 1998, 193:1. 2012, 123:1, eff. Aug. 4, 2012. 2014, 270:1, eff. Jan. 1, 2015. 2016, 16:1, eff. June 14, 2016. 2022, 27:2, eff. June 17, 2022.
Section 261:89-b
261:89-b Number Plates for Vehicles Registered as Street Rods. –
I. The director is hereby authorized to design and to issue under such rules, as he shall deem appropriate, distinctive number plates to be used on motor vehicles registered as street rods. Such plates shall be in lieu of other number plates and shall be issued only upon receipt of a duly executed certificate verifying that the subject vehicle is in fact a street rod as defined in RSA 259:106-a. The director is hereby authorized to issue a street rod vanity plate as provided by RSA 261:89.
II. A special fee in the amount of $25 shall be paid for the certificate of verification. This special fee shall be in addition to the regular motor vehicle registration fee as prescribed by law for the particular vehicle being registered, and any number plate manufacturing fee or fees otherwise required by law for the particular vehicle. All special fees collected shall be paid to the state treasurer and credited to the highway fund. A vehicle which is registered as a street rod, regardless of the year of manufacture of said vehicle, shall be assessed an annual municipal permit fee in the amount of $50, which fee shall not be prorated regardless of the number of months in actual road use. This fee shall be in lieu of any other municipal permit fee. For purposes of this section and that of vehicle registration, the year of manufacture of a street rod is deemed to be the year of manufacture of the body. In the event the body is a replica as defined by RSA 259:106-a, then the year of manufacture is deemed to be the model year of the body so replicated.
III. The certificate of verification required by this section shall be documented by an instrument designed and issued by the director. Any authorized highway enforcement officer or any individual who is authorized by the director to perform motor vehicle inspections provided by RSA 266:1, V is hereby authorized to perform the verification and certification required by this section. A certificate of verification issued under this section shall be transferable in the event the vehicle described by such certificate is sold or the ownership is otherwise transferred or conveyed.
IV. Pursuant to RSA 261:75, a vehicle duly registered as a street rod shall be issued one number plate of the design as set forth in this section. Such plate shall be attached in a conspicuous place on the rear of the vehicle.
Source. 1992, 214:2, eff. Jan. 1, 1993.
Section 261:89-c
261:89-c Vehicle Identification Number for Street Rods and Custom Vehicles. –
The vehicle identification number or "VIN" for a street rod or custom vehicle shall be the number stamped on the frame of the vehicle, or if no such number, as established pursuant to RSA 261:22, IV.
Source. 1992, 214:2. 2010, 353:2, eff. Jan. 1, 2011.
Section 261:89-d
261:89-d Identifying Decals for Vehicles Registered as Custom Vehicles. –
The director is hereby authorized to design and to issue, under such rules as the director deems appropriate, distinctive identifying decals to be placed on the windshield of a custom vehicle at the time of registration designating the vehicle as a custom vehicle. Such decal shall be issued only upon receipt of a duly executed certificate in a format designated by the director indicating the year and make of the body that the custom vehicle resembles or was based upon and verifying that the vehicle is garaged and maintained in the state, that the vehicle is in fact a custom vehicle as defined in RSA 259:17-a, and that the vehicle is not intended for daily commuting use. A special fee in the amount of $15 shall be paid for the identifying decal. This special fee shall be in addition to the regular motor vehicle registration fee and shall be paid to the state treasurer and credited to the highway fund. Any state trooper or any individual who is authorized by the director to perform motor vehicle inspections provided by RSA 266:1, V is hereby authorized to perform the verification required by this section. A certificate of verification and decal issued under this section shall be transferable in the event the vehicle described by such certificate is sold or the ownership is otherwise transferred or conveyed. A vehicle displaying a custom vehicle identifying decal shall not be required to display a number plate on the front of the vehicle.
Source. 2010, 353:3, eff. Jan. 1, 2011.
Section 261:89-e
261:89-e Identification of Roadable Aircraft. –
Roadable aircraft as defined in RSA 259:91-a shall be identified using the federally issued tail number and shall not be required to display an additional license plate or decal.
Source. 2020, 33:34, eff. Sept. 22, 2020.
Section 261:90
261:90 Official Cover Plates. –
Upon payment of a fee, the director may issue and shall designate official cover plates with the reproduction of the state seal thereon to be affixed to a vehicle of United States senators from this state, representatives to congress from this state, the governor, members of the governor's council, the president of the senate, members of the senate, the speaker of the house of representatives, the clerk of the house of representatives, the clerk of the senate, members of the house of representatives, the attorney general, the secretary of state, the state treasurer, the President of the United States and members of his or her executive staff, and any ambassador or member of the foreign diplomatic corps. The fee for official cover plates shall be $1 in addition to any other number plate manufacturing fee otherwise required. The official cover plates, exclusive of the seal, shall be white with green lettering, which shall alternate with red lettering every other biennium. Official cover plates shall have the title of the person requesting the plates, except for members of the governor's council whose plates shall have their council district numbers embossed on them, and members of the general court, whose plates shall have their house seat numbers or their senate district numbers embossed on them unless the president of the senate, for members of the senate, or the speaker of the house of representatives, for members of the house of representatives, shall designate a title for their plates. The president of the senate, or a designee, and the speaker of the house of representatives, or a designee, shall provide the director with input as needed on the cover plate design for members of the general court. The director shall not issue more than 2 sets of official cover plates to any person. Official cover plates may be attached only to vehicles registered in the name of the person issued the plates or the name of the spouse of a member of the general court, or any vehicle being operated by a member of the general court. Nothing herein shall be construed as affecting the issuance of regular motor vehicle plates and the payment of the registration fee therefor. Official cover plates shall be manufactured at the state prison and the prison shall provide the plates to the department at the prison's cost.
Source. RSA 260:10-b. 1967, 314:1. 1971, 493:2. 1973, 163:2. 1981, 146:1. 1983, 253:2. 2005, 295:1. 2010, 368:25, eff. Dec. 31, 2010. 2016, 145:1, eff. July 26, 2016. 2019, 346:148, eff. July 1, 2019. 2023, 150:2, eff. Sept. 26, 2023.
Section 261:90-a
261:90-a Repealed by 2010, 368:1(48), eff. Dec. 31, 2010. –
Section 261:91
261:91 Special Number Plates. –
Upon payment of the motor vehicle registration fee, if any, the director shall issue and shall designate a special plate, to be affixed to the vehicle of the county sheriffs, deputy sheriffs, members or retired members of the national guard of any state, active duty members of the armed forces, justices of the supreme and superior courts, and vehicles of state police and motor vehicle divisions and municipal police departments. The special plates shall have the state motto, "Live Free or Die," written on them and shall be issued with no number plate fee being charged to the state other than for those plates furnished to the state police and motor vehicle divisions, and the liquor commission, division of enforcement and licensing. Special number plates issued to members or retired members of the national guard of any state, active duty members of the armed forces, and justices of the supreme and superior courts may be attached only to vehicles registered in the name of the person issued the plates. Special plates for active duty members of the armed forces shall be distinct from special number plates for veterans.
Source. 1953, 81:1. RSA 260:10. 1955, 28:1; 143:2. 1957, 136:1. 1973, 163:1. 1981, 146:1. 1983, 253:1. 1998, 28:1. 2005, 295:3. 2008, 100:1; 138:2. 2013, 170:1, eff. Aug. 31, 2013. 2023, 150:1, eff. Sept. 26, 2023.
Section 261:91-a
261:91-a Commemorative License Plates. –
The director is authorized to adopt rules pursuant to RSA 541-A for the design, sale, and distribution by towns and cities celebrating the centennial, bicentennial, tricentennial, sesquicentennial, or sestercentennial of the founding of the town or city or similar special occasion in the history of the town or city, and the display of said plates in place of the front license plate on vehicles for a period not to exceed one year, during which the celebration is taking place.
Source. 2004, 209:3, eff. June 11, 2004. 2018, 152:1, eff. July 29, 2018.
Section 261:92
261:92 Publicly Owned Vehicles; Nonprofit Corporations. –
The director shall have the authority to prescribe special rules relative to registration of vehicles owned and driven by the government of the United States, the state, or by any county, city, town, regional planning commission, school district, volunteer fire department, eligible nonprofit corporation operating transportation under contract with the department of transportation for the public or for elderly or disabled persons, or public or private educational institution used for the purpose of student driver training, and may issue permanent number plates for such vehicles. Said vehicles displaying said number plates shall be deemed to be properly registered under the provisions of this title and may be driven upon the ways of the state without further registration or subsequent number plates.
Source. 1945, 4:1. 1953, 252:5. RSA 262:14. 1981, 146:1. 1992, 150:6. 2000, 200:7, eff. July 29, 2000.
Section 261:93
261:93 Civil Air Patrol Vehicles. –
For the purposes of RSA 261:92, motor vehicles owned by or issued to, and driven by, the New Hampshire Civil Air Patrol, shall be deemed as owned and driven by the government of the United States.
Source. RSA 262:14-a. 1957, 20:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:94
261:94 Expiration of Official Cover Plates and Special Number Plates. –
Notwithstanding any other provisions of law any official cover plates and special number plates which are issued to elected or appointed officials who have a term of office shall expire at the expiration of their terms of office or upon their retirement, resignation, disqualification, expulsion, or death, whichever comes first.
Source. RSA 260:11-a. 1959, 226:1. 1971, 493:1. 1981, 146:1. 2005, 295:4, eff. Sept. 25, 2005.
Section 261:95
261:95 Refund for Unused Vehicle Plates. –
The owner or the surviving spouse of the owner who returns number plates with an affidavit that they have never been used and if the director is satisfied that the number plates have never been used, shall be refunded the registration fee paid, provided such plates are returned within 90 days of the date on which the plates were purchased.
Source. RSA 260:9-b. 1979, 247:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:96
261:96 Lost or Mutilated Plates. –
If any number plate supplied by the department is lost or mutilated, or if the registration number thereon becomes illegible, the owner or person in control of the vehicle for which said plate was furnished shall apply in writing to the department for a new plate and deposit with his application the proper fee; and thereupon the department shall issue to such applicant a permit allowing him to place a temporary plate bearing his registration number upon said vehicle until a plate of the regular design is made and delivered to him.
Source. 1911, 133:5. 1921, 119:5. PL 103:3. RL 119:3. RSA 263:4. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:97
261:97 Rulemaking Authority on Dealer Number Plates. –
The director shall have the authority to adopt rules pursuant to RSA 260:5 relative to the issuance and use of dealer number plates by motor vehicle dealers, motorcycle dealers, OHRV dealers, snowmobile dealers, utility dealers, boat dealers, transporters, repairers and wholesalers consistent with the provisions of this chapter relative to such dealer number plates.
Source. 1981, 146:1. 1986, 66:2. 2005, 210:45, eff. July 1, 2006.
Conservation Number Plates and Conservation Number Plate Fund
Section 261:97-a
261:97-a Conservation Number Plates. –
I. The director is hereby authorized to issue special conservation number plates, in lieu of other number plates. The design of these special plates shall be determined as provided in RSA 261:97-d. The plates shall retain the "live free or die" logo. Such plates shall be issued only upon application and upon payment of a $30 fee that shall be in addition to the regular motor vehicle registration fee and any other number plate fees otherwise required.
II. The commissioner is also authorized to issue vanity conservation number plates. The fee for any such vanity conservation number plate shall be the fee as provided in RSA 261:97-a, in addition to the fees for vanity plates which are otherwise established by law. The vanity plate portion of the fee shall be distributed as provided in RSA 261:89 and RSA 263:52.
III. Plates shall be renewed on an annual basis for $30 per set. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-b. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.
Source. 1998, 20:2. 2000, 245:5, 6, eff. June 8, 2000.
Section 261:97-b
261:97-b Conservation Number Plate Fund. –
I. There is hereby established a conservation number plate fund under the administration of the commissioner of safety. The fund shall be used for the promotion, protection, and investment in the state's natural, cultural, and historic resources. The fund shall be nonlapsing. The commissioner of safety shall distribute the funds annually on August 1, except as provided in paragraph I-a, as follows: $5,000 of every $100,000 received, up to a total of $50,000, shall be distributed to the department of transportation for the expanded wild flower establishment program for use in planting lilacs and native wild flowers; $1 for every new, renewal, and transfer of registration, up to a total of $50,000, shall be placed in a nonlapsing account for use by the department of natural and cultural resources to promote the conservation number plate program; the remainder shall be distributed as follows:
(a) Forty percent to the department of natural and cultural resources;
(b) Twenty percent to the department of fish and game;
(c) Twenty percent to the state conservation committee; and
(d) Twenty percent to the New Hampshire land and community heritage investment authority.
I-a. The commissioner of safety shall distribute the share of funds due the New Hampshire land and community heritage investment authority, pursuant to RSA 261:97-b, I, on the first day of each month. The total amount shall not exceed $200,000 per fiscal year.
II. Each department and commission receiving funding from the conservation number plate fund shall establish a line item in their budget. Moneys received from the conservation number plate fund shall be in addition to any other sums appropriated and shall not replace base funding received by any of these departments or commissions through the budget process.
Source. 1998, 20:2; 363:3. 2000, 245:7. 2003, 126:1, eff. July 1, 2003. 2016, 61:4, eff. July 4, 2016. 2017, 156:34, eff. July 1, 2017.
Section 261:97-c
261:97-c Use of Funds. –
The moneys in the fund shall be distributed as provided in RSA 261:97-b. The proceeds shall be used as follows:
I. The funds transferred to the department of natural and cultural resources shall be used to promote the use and conservation of cultural resources in New Hampshire and to preserve the cultural heritage that belongs to all New Hampshire citizens by providing for:
(a) The preservation of significant publicly-owned historic properties. Such properties shall be at least 50 years old and listed or eligible for listing in the National Register of Historic Places.
(b) The conservation and preservation of significant publicly-owned works of art, artifacts, and documents that contribute to New Hampshire's cultural heritage. This shall include but not be limited to:
(1) Commemorative and historic sculptures and murals.
(2) Archaeological or historic artifacts.
(3) Original or one-of-a-kind documents.
(c) The purchase by the state of historic properties or works of art, artifacts, and documents that contribute to New Hampshire's cultural heritage.
(d) Support of the New Hampshire natural heritage bureau established in RSA 217-A, within the division of forests and lands. Funds may be used for:
(1) Management measures, including applied field research, necessary to maintain and promote native plant species, natural plant communities, and species and habitat protection and management.
(2) Providing information to resource professionals, landowners, and school children to enhance awareness and promote protection of New Hampshire's native plant species and natural plant communities.
(e) Within the division of parks and recreation, the restoration of historic sites and buildings on New Hampshire state parks land.
(f) Promotion of the conservation number plate program.
II. The funds transferred to the fish and game department shall be used to support the New Hampshire nongame species management act established in RSA 212-B, and for the conservation of other wildlife determined by the executive director to be in need of restoration or protection. This may include:
(a) Management measures, including applied field research, necessary to maintain and promote self-sustaining wildlife populations, species and habitat protection, and acquisition and management, and the protection of wildlife corridors and habitat strongholds as defined in RSA 207:1.
(b) Provide information to resource professionals, landowners, and school children to enhance awareness and promote protection of New Hampshire's wildlife, including wildlife corridors and habitat strongholds as defined in RSA 207:1.
III. The funds transferred to the state conservation committee, established in RSA 432:10, through the department of agriculture, markets, and food, shall be used to establish 2 grant programs to ensure that communities and statewide not-for-profit organizations have the opportunity to compete for funds provided by this act. The grant programs shall be established as follows:
(a) For county cooperative extension natural resource programs and county conservation districts, as established in RSA 432:12, which may apply to the state conservation committee for grants to assist them in planning and carrying out resource conservation projects.
(b) For municipal conservation agencies, schools, scout groups and other nonprofit entities which may apply to the state conservation committee for grants to assist them in planning and carrying out resource conservation projects.
IV. [Repealed.]
V. The funds transferred to the New Hampshire land and community heritage investment authority shall be used for the administration of the New Hampshire land and community heritage investment program.
VI. The funds transferred to the department of transportation shall be used for the expanded wildflower establishment program to be used in maintenance districts.
VII. Any funds transferred from the conservation number plate fund which remain unexpended at the end of the fiscal year shall be nonlapsing.
Source. 1998, 20:2; 363:3. 2000, 245:8. 2003, 126:2, 3. 2005, 236:6, eff. Sept. 9, 2005. 2016, 61:5, eff. July 4, 2016. 2017, 156:35, 37, LV, eff. July 1, 2017. 2019, 243:10, eff. Sept. 10, 2019.
Section 261:97-d
261:97-d New Hampshire Conservation Number Plate Advisory Committee; Duties; Meetings. –
I. A New Hampshire conservation number plate advisory committee is hereby established. The conservation number plate advisory committee shall be composed of the following:
(a) The commissioner of natural and cultural resources, or designee.
(b) The executive director of fish and game, or designee.
(c) The chairperson of the state conservation committee or designee.
(d) [Repealed.]
(e) The commissioner of safety, or designee.
(f) Two house members appointed by the speaker of the house of representatives.
(g) Two senators appointed by the president of the senate.
II. The first appointed house member shall act as chairperson of the committee.
III. The committee shall:
(a) Jointly determine the plate design with final approval by the commissioner of safety. The commissioner of safety shall establish a numbering system and method of distribution.
(b) Register the design with the secretary of state. The commissioner of safety, with the approval of the governor and council, shall have the authority to enter into contractual arrangements for the commercial use of the conservation plate design. Any royalties derived from such contracts shall be deposited into the conservation trust fund created under RSA 261:97-b.
(c) Monitor the implementation of the program through an annual evaluation of projects accomplished during the preceding year and an assessment, prior to implementation, of projects proposed for the coming year to ensure that they are in accordance with legislative intent.
(d) Oversee the appropriate signage of funded projects. Agencies receiving funds under this section shall mount signs at funded project sites indicating that the project was funded by the New Hampshire conservation number plate program. The sign requirement may be waived in the case of environmentally sensitive projects where signage could be detrimental to the success of the project.
IV. The committee shall meet at least annually, but more often if necessary. The members shall serve without compensation, except that legislative members of the committee shall receive mileage at the legislative rate. The committee chairperson shall appoint a secretary from within the committee to keep a detailed record of all proceedings.
V. Any vacant position shall be filled by the appropriate authority.
VI. All proceeds from the sale of products using the conservation number plate design by an agency authorized to receive proceeds from the trust fund created under RSA 261:97-c may be retained by such agency.
VII. It shall be the duty of legislative members of the committee to initiate appropriate legislation to ensure that the purposes and goals of the conservation number plate program are being achieved.
Source. 1998, 20:2; 363:3, eff. Aug. 25, 1998. 2017, 156:37, LVI, 38, eff. July 1, 2017. 2020, 37:26, eff. July 29, 2020.
Section 261:97-e
261:97-e Plate Use. –
Plates may be used on passenger motor vehicles and recreation vehicles.
Source. 1998, 20:2, eff. June 16, 1998.
Section 261:97-f
261:97-f Report. –
I. The members representing the department of transportation, the department of natural and cultural resources, the department of fish and game, the state conservation committee, and the department of safety shall each submit a report to the New Hampshire conservation number plate advisory committee chairperson no later than October 1 of each year. The committee chairperson shall compile the 6 reports as a unified report and submit the unified report to the governor, senate president, and the speaker of the house no later than December 31 of each year.
II. The unified report shall contain the following:
(a) A report from the department of safety indicating:
(1) The total number of conservation number plates sold during the preceding year, including the number of initial plates and the number of renewals.
(2) The gross revenue derived from the sale of conservation number plates.
(3) The amount retained by the department of safety to cover administrative costs of the program.
(4) The amount paid to the state treasurer for deposit into the New Hampshire conservation number plate fund during the preceding fiscal year.
(b) A report from each of the 5 agencies receiving proceeds under RSA 261:97-c, indicating:
(1) The amount of proceeds received under RSA 261:97-c.
(2) Total funds expended.
(3) Accomplishments achieved pursuant to RSA 261:97-c during the preceding fiscal year.
(4) An outline of the projects and programs to be conducted in the ensuing fiscal year with proceeds from the fund.
Source. 1998, 20:2; 363:3, eff. Aug. 25, 1998. 2016, 61:6, eff. July 4, 2016. 2017, 156:36, eff. July 1, 2017.
Dealer's Bond Requirement
Section 261:98
261:98 Bond Required. –
I. (a) Every retail vehicle dealer as defined in RSA 259:89-a, every auto wholesale dealer as defined in RSA 259:5-a, every automotive recycling dealer as specified by RSA 261:123, and certain utility dealers as defined by RSA 259:121 if required by rule of the commissioner, shall obtain a bond or equivalent proof of financial responsibility as described in paragraph VI, and continue in effect a surety bond or other equivalent proof of financial responsibility satisfactory to the department in the amount of $25,000 executed by a surety company authorized to transact business in the state by the insurance department.
(b) The bond or its equivalent shall only be for the benefit of:
(1) A natural person who purchases a vehicle from a dealer, an automotive recycling dealer, or a utility dealer, and who suffers loss on account of:
(A) The dealer's default or nonpayment of all valid bank drafts, including checks, drawn by the dealer for the purchase of motor vehicles;
(B) The dealer's failure to deliver in conjunction with the sale of a motor vehicle a valid motor vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle;
(C) The motor vehicle purchased from the dealer was stolen; or
(D) The dealer's intentional or knowing failure to disclose the vehicle's actual mileage at the time of sale.
(2) A New Hampshire town or city or the state of New Hampshire which suffers loss on account of:
(A) The dealer's failure to collect all official fees related to motor vehicle registration, permits for registration, registration transfer, and title applications required and permitted under this chapter; or
(B) The dealer's nonpayment of all official fees collected to register a motor vehicle, issue a permit for registration, transfer a registration, or title a vehicle.
(c) Subparagraph (b)(2) shall apply to only those dealers who are dealer agents appointed pursuant to RSA 261:74-h. Subparagraph (b)(2), if applicable, shall not require the dealer to obtain a separate bond.
II. Recovery against the bond or its equivalent may be made by any such person, who obtains a final judgment in a court of competent jurisdiction against the dealer for an act or omission on which the bond is conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within one year after the event giving rise to the cause of action.
III. The bond or its equivalent shall cover only those acts and omissions described in paragraph I. The surety on a bond shall not be liable for total claims in excess of the bond amount, regardless of the number of claims made against the bond or the number of years the bond remained in force.
IV. A separate bond shall be required for each different name under which the dealer conducts his business and for each community in which the dealer has a place of business.
V. Any dealer covered by an association bond as provided in RSA 261:101 shall only be covered under one name in one community. A dealer covered under RSA 261:101 who has a place of business in more than one town or city shall file a separate bond as provided in this section for each separate community in which he operates.
VI. In lieu of the bond required by this section, the department may allow the dealer to deposit collateral in the form of a certificate of deposit or irrevocable letter of credit, as authorized by the banking laws of the state of New Hampshire, which has a face value equal to the amount of the bond otherwise required. Such collateral may be deposited with or executed through any authorized state depository designated by the commissioner. Interest on any such certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to such person as the dealer or the certificate may direct.
VII. Any surety is required to provide 60 days' notice of cancellation of the bond or certificate of deposit or letter of credit to the department, and to the dealer.
Source. RSA 268-A:1. 1973, 324:1. 1981, 146:1. 1986, 117:5. 1987, 263:4. 1989, 305:6. 1997, 179:7. 2011, 198:4, eff. June 15, 2011.
Section 261:99
261:99 Filing of Bond. –
Dealers shall be required to file a bond or equivalent proof of financial responsibility in accordance with this subdivision with the department.
Source. RSA 268-A:3. 1973, 324:1. 1981, 146:1. 1987, 263:5, eff. May 20, 1987.
Section 261:100
261:100 Amount of Bond Required. –
I. Except as provided in RSA 261:101, each dealer shall be required to file annually, a bond in accordance with RSA 261:98.
| (a) | under one year | $20,000 |
| (b) | over one year, but less than 2 years | $15,000 |
| (c) | over 2 years | $10,000 |
II. A separate bond shall be required for each different name under which the dealer conducts his business and for each community in which the dealer has a place of business in the amounts required in RSA 261:100, I. Past business experience, prior to January 1, 1988, shall be taken into account in determination of the amount of the bond required.
III. Any dealer which is covered by an association bond as provided in RSA 261:101 shall only be covered under one name in one community. A dealer covered under RSA 261:101 who has a place of business in more than one community shall file a separate bond as provided in this section for each separate community in which he operates.
Source. RSA 268-A:4. 1973, 324:1. 1981, 146:1. 1987, 263:6. 1998, 202:7, eff. Aug. 17, 1998.
Section 261:101
261:101 Dealers Association Bond. –
Any automobile dealers association which is approved by the director may file a bond or equivalent proof of financial responsibility in the amount of $100,000, and under the terms and conditions acceptable to the director. Any dealer who is a member of such approved association shall be covered by such bond or other document and shall not be required to file a bond as provided in RSA 261:100. The association shall immediately notify the director of any dealer who has been covered under the association bond who ceases to be a member of the association.
Source. RSA 268-A:5. 1973, 324:1. 1981, 146:1. 1987, 263:7, eff. May 20, 1987.
Section 261:102
261:102 Penalty. –
Any dealer failing to post a bond in accordance with the provisions of this subdivision shall be guilty of a misdemeanor. Each day of noncompliance will constitute a separate offense. The right of a dealer to issue temporary plates, in accordance with RSA 261:109, shall be revoked until the requirements of this subdivision are complied with. The director may suspend or revoke any bonded dealer appointment for dealers for whom bonds are required under RSA 261:98-101 after hearing and for just cause.
Source. RSA 268-A:6. 1973, 324:1. 1981, 146:1. 1989, 305:7, eff. July 1, 1989.
Registration by Motor Vehicle Manufacturers or Dealers
Section 261:103
261:103 Repealed by 2010, 290:6, eff. Sept. 11, 2010. –
Section 261:103-a
261:103-a Dealer License Required. –
I. Each dealer, as defined in RSA 259:18, shall apply for and obtain from the department a dealer license before engaging in any motor vehicle business activity in the state. The department shall prescribe and provide forms to be used for applications for licenses and for the renewals thereof to be issued under the terms and provisions of this chapter and require all new applicants, as a condition precedent to the issuance of a license, to submit the following:
(a) The name and residence address of the applicant and the trade name, if applicable, under which the applicant intends to conduct business, and:
(1) If the applicant is a partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted.
(2) If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors and all persons owning more than 5 percent of the outstanding shares of stock issued by the corporation.
(b) A complete description, including the city or town and the street and number of the permanent, established place of business and such other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the permanent, established place of business.
(c) The trade name or line make of the new vehicles that the applicant is or has been franchised to sell or exchange and the name and address of any manufacturer or distributor who has enfranchised the applicant.
(d) Whether the applicant proposes to sell new or used vehicles or both.
(e) A duly executed service agreement on forms provided by the department with a service or repair garage which is a licensed inspection facility within a reasonable distance from the applicant's established place of business, if applicant does not have facilities at the applicant's established place of business to service or repair motor vehicles.
(f) A statement that the applicant is or intends to be engaged in the motor vehicle business and that this activity constitutes or will constitute the principal business of the applicants.
(g) Certification from the appropriate officials of the municipality which contains the dealer's established place of business that the dealer's establishment is in compliance with all applicable local zoning ordinances.
(h) A statement that the dealer will comply with all state and federal requirements regarding the selling, titling, and financing of vehicles.
(i) Proof of a surety bond obtained through a company approved by the insurance department, or pursuant to RSA 261:101, which conforms to the criteria in RSA 261:98, or proper alternative proof of financial assurance pursuant to RSA 261:98, VI.
(j) A statement that the dealer shall notify the department upon cancellation of the surety bond.
(k) A criminal history records check for the applicant and its members, partners, officers, and directors and a statement whether the applicant has ever been subject to a civil judgment connected with a motor vehicle business.
II. All applications shall be accompanied by the payment of a license fee of $250. If any application is denied or the license applied for is not issued, 75 percent of the license fee shall be refunded to the applicant. There shall be no proration of fees for issuance of license for a partial term, however, applications submitted during the second year of the license cycle shall be accompanied by a fee of only $125.
III. All dealer licenses shall be granted or denied after receipt of a complete application by the department. If the application is incomplete, the department shall notify the applicant in writing indicating the reasons for incompleteness.
IV. All licenses issued pursuant to the provisions of this section shall expire biennially in even-numbered years in the month designated by the director.
V. Any change of address, ownership, employment, trade name, or line make of motor vehicle a dealer is franchised to handle shall be reported to the department within 30 days from the date of the change.
VI. No dealer license shall be transferable, and a separate license shall be required for each separate place of business in a separate town or city, and shall be prominently displayed in the place of business operated by the person to whom such license is issued.
VII. A retail vehicle dealer may include with its application for a dealer license or renewal a request, upon blanks furnished by the department for that purpose, for a general distinguishing number for vehicles owned by such dealer.
VIII. The director may require that an applicant for a dealer license attend an instructional class as a requirement for issuance of a license. The class requirement shall be satisfied if the applicant has previously attended the class or the dealership employs a person who attends or has previously attended the class. A licensed franchised dealer, or a nonfranchised dealer who is in good standing as determined by the director, shall not be required to attend a class as a condition of being issued a separate license for a separate place of business.
IX. A licensed franchised dealer that has manufacturer approval to operate an existing dealership location that has applied for a dealer license and inspection privileges and is waiting for state approval shall be permitted to operate as a dealership and inspection station. This permission to operate shall be allowed if the dealer submits with the application a sworn statement that the dealer meets or will meet all licensing requirements at the time of license approval. If the application is finally denied, the dealer shall cease operation.
Source. 1997, 179:9. 2008, 282:8. 2010, 290:3, eff. Sept. 11, 2010. 2014, 234:1, 2, eff. Jan. 1, 2016; 245:1, eff. Sept. 19, 2014.
Section 261:103-b
261:103-b Unlicensed Sales Prohibited. –
No person may sell 5 or more vehicles at retail to the general public or export 5 or more vehicles outside the United States in any consecutive 12-month period unless the person has an established place of business and a valid dealer license issued under RSA 261:103-a.
Source. 2010, 290:4, eff. Sept. 11, 2010. 2014, 278:4, eff. Sept. 26, 2014.
Section 261:104
261:104 Registration. –
The department may, if it is satisfied of the facts stated in such application, grant the same and issue to the applicant a certificate of registration containing such information as the director may determine. All vehicles owned by or consigned to such manufacturer or dealer shall, while so owned or consigned, be regarded as registered under such distinguishing number.
Source. 1905, 86:3. 1911, 133:4. 1917, 229:4. 1921, 119:4. 1923, 75:10. PL 100:37. RL 116:47. 1947, 177:3. RSA 260:46. 1981, 146:1; 290:1, 3, eff. Jan. 1, 1982 at 12:01 a.m.
Section 261:105
261:105 Repealed by 1997, 179:21, I, eff. June 17, 1997. –
Section 261:106
261:106 Additional Business Locations. –
If a manufacturer or dealer has an established place of business or agency in more than one city or town he shall secure a separate certificate of registration for each such place of business or agency.
Source. 1923, 75:10. PL 100:38. RL 116:48. RSA 260:47. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:107
261:107 Repealed by 1997, 179:21, II, eff. June 17, 1997. –
Section 261:108
261:108 Loaning Plates Prohibited. –
A manufacturer or dealer shall not loan number plates which have been assigned to him under these provisions to a subagent or to any other person.
Source. 1917, 229:4. 1921, 119:4. 1923, 75:10. PL 100:40. RL 116:50. RSA 260:49. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:109
261:109 Temporary Plates; Courtesy Delivery. –
I. A manufacturer or dealer, except those manufacturers or dealers that may be relieved of such requirements by the director, shall, upon the sale or exchange of a vehicle, issue to such vehicle a temporary plate, and the purchaser of such vehicle may drive the same for a period not to exceed 20 consecutive days thereafter without payment of a registration fee.
II. A delivery made by a dealer registered under the provisions of this chapter of a vehicle sold by an out of state dealer to a resident of New Hampshire is defined under RSA 259 as a "courtesy delivery" having been made by the New Hampshire dealer and the New Hampshire dealer is authorized to issue temporary plates for the vehicle.
Source. 1921, 119:4. 1923, 75:10. PL 100:41. RL 116:51. 1947, 177:4. 1951, 20:4. RSA 260:50. 1977, 98:1. 1979, 453:1. 1981, 146:1. 1999, 127:1, eff. July 1, 1999.
Section 261:110
261:110 Notice of Sale. –
A manufacturer or dealer shall, upon attaching a set of temporary number plates to a vehicle sold or exchanged by him, immediately notify the department of said sale or exchange, giving the name and address of the purchaser, the number on the temporary plate, and such further information as the director may require.
Source. 1921, 119:4. 1923, 75:10. PL 100:42. RL 116:52. 1947, 177:5. RSA 260:51. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:111
261:111 Retail Vehicle Dealer's Use of Dealer Registration. –
I. A retail dealer and member of the dealer's family domiciled in the dealer's household, may use the dealer's registration on vehicles owned by the dealer for personal use.
II. Motor vehicles owned by the dealer which are designed for and engaged in the day-to-day business activities of the dealership, including but not limited to the transportation of freight or merchandise, such as auto parts delivery trucks, shall not be so registered. Wreckers, ramp trucks, and service trucks may be registered if incidental to the business activities of the dealership and marked not for hire.
III. The dealer's employees who are employed full-time in the retail motor vehicle business may be issued a dealer plate on motor vehicles owned by the dealer, at the dealer's discretion, for personal use outside of normal business hours and no person other than such employees shall operate such motor vehicles. For purposes of this paragraph, the dealer's employees shall include employees of a dealership management company solely engaged in the day-to-day business operations of the dealership. Personal use shall require that the motor vehicle be in saleable condition, with all legally required window stickers as appropriate, in view to the general public.
IV. Motorized or non-motorized vehicles owned by the dealer shall not be rented or otherwise used while registered under the dealer's registration, except for demonstration purposes, for use by a franchisor or distributor or agent or employee thereof, or for loaning or renting to a customer whose vehicle is being serviced in connection with the vehicle business.
V. Dealer registration shall not be used on motorized or non-motorized vehicles owned by another person unless there exists a valid consignment agreement, or unless the vehicle is being demonstrated or transported in connection with service or sales.
VI. A retail vehicle dealer may use the dealer registration to operate a vehicle on the ways of this state when transporting the vehicle from a place of purchase to the dealer's place of business if the vehicle bears a valid inspection sticker from any state unless a clear violation of RSA 266:1 is apparent from visual observation.
VII. A truck owned by a licensed retail dealer may be driven on a way with a gross vehicle weight in excess of the weight limits specified in RSA 266:18-a without having obtained a certification therefor from the commissioner under RSA 266:18-d if all requirements in this paragraph are met. The truck shall be driven in loaded or unloaded condition only for demonstration purposes or by a customer whose truck is being serviced or repaired by the dealer. No person may use the same truck for a period exceeding 72 hours or more than once in any 12-month period. The dealer shall affix a dedicated dealer registration plate to the truck. Documentation of operation pursuant to this paragraph shall remain with the vehicle at all times while in use. The dealer shall maintain records of operation pursuant to this paragraph for 3 years.
Source. 1911, 133:4. 1921, 119:25. 1925, 36:1. PL 100:43. RL 116:53. 1947, 177:6. RSA 260:52. 1981, 146:1. 1997, 179:10. 2010, 290:5, eff. Sept. 11, 2010. 2014, 245:2, eff. Sept. 19, 2014. 2015, 198:3, eff. Sept. 4, 2015.
Section 261:111-a
261:111-a Manufacturer Registrations. –
I. Any manufacturer as defined in RSA 259:52, who constructs or assembles vehicles in this state, may make application to the department upon blanks furnished by it for that purpose, for a general distinguishing number for vehicles owned by such manufacturer.
II. The department may, if it is satisfied of the facts stated in such application, grant the same and issue to the applicant a certificate of registration containing such information as the director may determine. All vehicles owned by such manufacturer or in lawful possession of the manufacturer while in the manufacturing process shall be regarded as registered under such distinguishing number.
III. A manufacturer may have up to 12 number plates assigned to it pursuant to a registration under this section. Any vehicle displaying one of the number plates assigned and traveling on the public ways of the state shall be equipped with all equipment required under RSA 266 for that type of vehicle.
IV. All applications shall be accompanied by the payment of a license fee of $125.
Source. 2007, 230:1, eff. July 1, 2007. 2014, 280:1, eff. Sept. 26, 2014.
Registration by Motorcycle and Moped Manufacturers or Dealers
Section 261:112
261:112 Application for Motorcycle and Moped Registration; Validity of Motorcycle Registration. –
A manufacturer or a retail vehicle dealer of motorcycles or mopeds or both may indicate on the retail vehicle dealer's registration application a preference for a general distinguishing motorcycle number and plate for its vehicles. A motorcycle registration is a valid registration on any motor vehicle owned by the dealer.
Source. RSA 260:69-a. 1957, 308:3. 1981, 146:1. 1997, 179:11, eff. June 17, 1997.
Section 261:113
261:113 Registration for Motorcycle and Moped Dealers. –
The department may, if it is satisfied of the facts stated in such application, grant the same and issue to the applicant a certificate of registration containing the name, residence and address of such applicant and the general distinguishing number assigned and such other provisions as the director may determine.
Source. RSA 260:69-b. 1957, 308:3. 1981, 146:1, eff. Jan. 1, 1982.
Registration by Transporters
Section 261:114
261:114 Application for Transporter Registration. –
A transporter may make application to the department for a general distinguishing number for transporter registration, upon blanks furnished by it for that purpose. The application shall contain such information as the director may require.
Source. RSA 260:75. 1957, 316:1. 1963, 250:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:115
261:115 Transporter Plates. –
The department may, if it is satisfied of the facts stated in the application for transporter registration, grant the same and issue to the applicant number plates and a certificate of registration containing such information as the director may require.
Source. RSA 260:76, 78. 1957, 316:1. 1963, 250:3. 1969, 463:3. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:116
261:116 Use of Transporter Registration. –
I. Personal use shall be prohibited.
II. Transporter registration shall be used on motor vehicles not owned by the transporter.
Source. RSA 260:79. 1957, 316:1. 1963, 250:4. 1969, 463:4. 1981, 146:1. 1997, 179:12, eff. June 17, 1997.
Section 261:117
261:117 Loaning of Plates Prohibited. –
A transporter shall not loan number plates which have been assigned to him under these provisions to any other person.
Source. RSA 260:80. 1957, 316:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:118
261:118 Additional Business Locations. –
Any transporter having more than one place of business shall secure a separate certificate of registration for each place of business.
Source. RSA 260:81. 1957, 316:1. 1981, 146:1, eff. Jan. 1, 1982.
Registration by Utility Dealers
Section 261:119
261:119 Application for Utility Dealer Registration. –
A utility dealer may make application to the department, upon blanks prescribed and furnished by it for that purpose for a general distinguishing number for utility dealer registration. The application shall contain such information as the director may require.
Source. RSA 260:83. 1969, 463:5. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:120
261:120 Utility Dealer Registration. –
If the department approves the application, it shall issue to the applicant number plates and a certificate of registration containing such information as the director may require.
Source. RSA 260:84, 86. 1969, 463:5. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:121
261:121 Use of Utility Plates. –
I. Utility registration shall be used only for moving non-motorized vehicles, modular buildings, or chassis with specialized equipment which are either owned or not owned by the utility dealer for business purposes, including but not limited to delivery, demonstration, sale, or repair.
II. A supplemental utility plate may be issued to a utility dealer for the sole purpose of allowing a customer to test drive motor vehicles taken in trade.
III. A utility plate may be used by a manufacturer or dealer of boats or boat trailers, or his or her employees or agents contracted by the manufacturer or dealer, for the transportation of boats in the ordinary course of business, which shall include the sale, demonstration, delivery, and repair of such boats.
IV. A utility plate may be used by a manufacturer or dealer of boats or boat trailers, or his or her employees or agents contracted by the manufacturer or dealer, on a boat trailer not owned or leased by the manufacturer or dealer if used for the purpose of transporting a boat or boat trailer to and from his or her place of business for repair or service.
V. A utility plate may be used by a manufacturer, dealer, or installer of manufactured housing, or his or her employees or agents contracted by the manufacturer, dealer, or installer, on a manufactured housing chassis owned or not owned by the manufacturer, dealer, or installer if used solely for the purpose of transporting manufactured housing to and from his or her place of business for sale or installation. Such chassis shall be exempt from inspection under RSA 266:1, but shall be subject to inspection by a law enforcement officer at any time when being transported on a way and shall be placed out of service by the law enforcement officer if it is found to be in an unsafe condition to be transported upon a way.
Source. RSA 260:87. 1969, 463:5. 1981, 146:1. 1997, 179:13. 1998, 227:2. 2000, 169:1. 2009, 238:3, 4, eff. July 16, 2009.
Section 261:122
261:122 Limitation on Use of Utility Plates. –
I. Utility plates shall not be loaned or assigned to any other person.
II. Personal use shall be prohibited.
Source. RSA 260:89. 1969, 463:5. 1981, 146:1. 1997, 179:14, eff. June 17, 1997.
Automotive Recycling Dealers
Section 261:123
261:123 Registration and Plates. –
Any person who has an established place of business and who is engaged in the business of buying secondhand motor vehicles for the purpose of remodeling, taking apart, or rebuilding the same, or buying or selling parts of secondhand motor vehicles, or tires, or assembling secondhand motor vehicle parts, may be granted a motor vehicle junk registration and plates upon satisfying the director that such applicant is a suitable person to hold such registration.
Source. 1927, 53:1. RL 116:54. RSA 260:53. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:124
261:124 Application. –
The applicant for an automotive recycling registration license shall make application to the department upon blanks furnished by it for that purpose, for a general distinguishing number for his motor vehicles.
Source. 1927, 53:1. RL 116:55. RSA 260:54. 1981, 146:1. 1994, 350:2, eff. Jan. 1, 1995.
Section 261:125
261:125 Certificate of Registration. –
The director may, if he is satisfied of the facts stated in such application, grant the same and issue to the applicant a certificate of registration containing such information as the director may determine. All motor vehicles owned by such automotive recycling dealer shall, while so owned, be regarded as registered under such distinguishing number.
Source. 1927, 53:1. RL 116:56. RSA 260:55. 1981, 146:1. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:126
261:126 Additional Business Locations. –
If such automotive recycling dealer has an established place of business or agency in more than one city or town he shall secure a separate certificate of registration for each such place of business or agency.
Source. 1927, 53:1. RL 116:57. RSA 260:56. 1981, 146:1. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:127
261:127 Number of Plates. –
The department shall, at the time of issuing a certificate to such automotive recycling dealer, furnish such person with as many sets of number plates as such person may require.
Source. 1927, 53:1. RL 116:58. RSA 260:57. 1981, 146:1. 1994, 350:3, 7, eff. Jan. 1, 1995.
Section 261:128
261:128 Use of Junk Plates. –
An automotive recycling dealer shall not loan number plates which have been assigned to him under these provisions to a subagent or to any other person.
Source. 1927, 53:1. RL 116:59. RSA 260:58. 1981, 146:1. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:129
261:129 Use of Motor Vehicles. –
An automotive recycling dealer shall not rent or otherwise use or permit to be used motor vehicles so registered, except for demonstration purposes or service in connection with his business.
Source. 1927, 53:1. RL 116:60. RSA 260:59. 1981, 146:1. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:130
261:130 Retention of Vehicles or Parts. –
All secondhand motor vehicles or parts thereof purchased or taken in exchange by any automotive recycling dealer, or left on the premises of any such dealer for the purpose of sale, exchange, or assembly shall be retained by the dealer 4 days unless he shall receive from the director or any highway enforcement officer written notice permitting the sale, exchange, or assembly of such secondhand motor vehicle or parts.
Source. 1927, 53:1. RL 116:61. RSA 260:60. 1981, 146:1. 1988, 288:6. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:131
261:131 Automotive Recycling Dealer to Keep a Record Book. –
Every automotive recycling dealer shall keep a book, in such form as shall be approved by the director, in which, at the time of the purchase, sale, exchange, or receipt for the purpose of sale of any secondhand motor vehicle or parts thereof, shall be legibly written in the English language an account and description of such motor vehicle or parts, with the name and address of the seller, of the purchaser, and of the alleged owner, or other person from whom such motor vehicle or parts were purchased or received or to whom they were delivered, as the case may be. Such description, in the case of motor vehicles, shall also include the engine number, if any, the vehicle identification number, if any, and such other numbers or identification marks thereon as shall be required by the director, and shall also include a statement that a number has been obliterated, defaced or changed if such is the fact.
Source. 1927, 53:1. RL 116:62. RSA 260:61. 1981, 146:1. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:132
261:132 Premises May be Entered. –
The director, the chief of police of any city, the selectmen of a town, or any police officer authorized by any of said officials, any police employee of the division of state police, or a highway enforcement officer, may at any time enter upon any premises used by any automotive recycling dealer for the purpose of carrying on his business, ascertain how he conducts the same, and examine all secondhand motor vehicles or parts kept or stored in or upon the premises, and all books, papers, and inventories relating thereto.
Source. 1927, 53:1. RL 116:63. RSA 260:62. 1981, 146:1. 1988, 288:7. 1994, 350:7, eff. Jan. 1, 1995.
Section 261:133
261:133 Revocation of Automotive Recycling Dealer. –
The director may, in his discretion, revoke such automotive recycling registration for violation of any of the provisions of this subdivision or of any rule relating to such registration.
Source. 1927, 53:1. RL 116:65. RSA 260:64. 1981, 146:1. 1994, 350:4, eff. Jan. 1, 1995.
Section 261:134
261:134 Automotive Recycling Dealer Rules. –
The director shall have the authority to adopt rules pursuant to RSA 260:5 consistent with the provisions of this subdivision relative to the purchase, sale, or exchange of secondhand motor vehicles or parts thereof.
Source. 1927, 53:1. RL 116:64. RSA 260:63. 1981, 146:1. 1994, 350:5, eff. Jan. 1, 1995.
Section 261:135
261:135 Penalty. –
Any person who violates any of the provisions of this subdivision or any rule of the director made hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1927, 53:1. RL 116:66. RSA 260:65. 1973, 528:135. 1981, 146:1, eff. Jan. 1, 1982.
Registration by Repairers
Section 261:136
261:136 Application for Repairer Registration. –
A repairer may make application to the department, upon blanks furnished by it for that purpose, for a general distinguishing number and for a supplemental repair plate.
Source. 1935, 73:4. RL 116:67. RSA 260:66. 1981, 146:1. 1998, 227:3, eff. Aug. 23, 1998.
Section 261:136-a
261:136-a Use of Repairer Registration. –
I. A repairer may use a repairer registration on unregistered vehicles not owned by the repairer and temporarily in the repairer's custody for transport to or from the repair facility for the purposes of repair, adjustment, reconditioning, or to install after market equipment.
II. The repairer may use a repair plate on tow trucks or service vehicles, provided the vehicle is clearly marked not for hire.
III. The repairer may use a supplemental repair plate on vehicles owned by the repairer and offered for sale for the sole purpose of allowing a customer to test drive the vehicle.
IV. A repairer shall not make personal use of the repair plate or the supplemental repair plate.
Source. 1998, 227:4, eff. Aug. 23, 1998.
Section 261:137
261:137 Number of Plates. –
The department shall furnish a repairer one set of number plates, and in its discretion may issue additional sets.
Source. 1935, 73:4. RL 116:68. RSA 260:67. 1957, 310:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:138
261:138 Use of Repair Plates. –
A repairer shall not loan number plates which have been assigned to him under the provisions hereof. He shall not loan or rent a motor vehicle to which such number plates have been attached, except for service directly connected with his repair business.
Source. 1935, 73:4. RL 116:69. RSA 260:68. 1957, 310:3. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:139
261:139 Use of Cars. –
A repairer shall not drive motor vehicles, nor permit the same to be driven, under a repairer's registration number except as specifically permitted under the provisions of RSA 261:137 to 139, inclusive.
Source. 1935, 73:4. RL 116:70. RSA 260:69. 1981, 146:1, eff. Jan. 1, 1982.
OHRV Dealers and Renters
Section 261:140
261:140 Repealed by 1981, 538:11, XIII, eff. Jan. 1, 1982 at 12:02 a.m. –
Auto Wholesale Dealer Registration
Section 261:140-a
261:140-a Auto Wholesale Dealer Registration and Plates. –
I. Any auto wholesale dealer as defined in RSA 259:5-a, who has an established place of business which meets the signage requirements under paragraph II and is licensed pursuant to RSA 261:103-a, may make application on blanks furnished by the director for a general distinguishing number for use on vehicles owned by the auto wholesale dealer. If the director is satisfied that such applicant is a suitable person, such applicant shall be issued a general distinguishing number and a certificate of registration for an auto wholesale dealer.
II. An established place of business shall clearly and conspicuously display the business name of the dealer in letters no less than 10 inches in height, unless prohibited by local zoning. Such business signage shall be clearly visible from a traveling vehicle on the adjacent public way, unless an obstruction exists which cannot be remedied.
Source. 1986, 66:1. 1997, 179:16, eff. Jan. 1, 1998.
Section 261:140-b
261:140-b Use of Auto Wholesale Dealer Registration. –
I. Auto wholesale dealer vehicle registration shall be used for motor vehicle business purposes only, on vehicles owned by the auto wholesale dealer which are being transported to the auto wholesale dealer's place of business, to another location for mechanical service, or to a wholesale or retail dealer. Such registration shall not be used for the retail demonstration of any vehicles.
II. Personal use of auto wholesale dealer vehicle registration shall be prohibited.
III. Vehicles owned by the auto wholesale dealer which are designed for and engaged in day to day business activities, including but not limited to the transportation of freight or merchandise, such as wreckers, service trucks, and auto parts delivery trucks, shall not be so registered.
IV. The auto wholesale dealer shall not loan auto wholesale dealer number plates to any other person.
Source. 1986, 66:1. 1997, 179:17, eff. June 17, 1997.
Section 261:140-c
261:140-c Repealed by 1997, 179:21, III, eff. June 17, 1997. –
Section 261:140-d
261:140-d Additional Business Locations. –
If a wholesale dealer has an established place of business or agency in more than one city or town he shall secure a separate certificate of registration for each such place of business or agency.
Source. 1986, 66:1, eff. Jan. 1, 1987.
Registration Fees
Section 261:141
261:141 Fees to be Collected. –
The department shall collect fees for registrations as follows:
I. Flat Fees:
(a) For each trailer or semi-trailer upon which is permanently mounted a power substation or transformer and associated equipment used for standby or emergency purposes in public service-$5.
(b) For motorized locomotives of the American Legion-$5.
(c) For each dealer's, motorcycle dealer's, moped dealer's, or utility dealer's temporary plate-$1 each.
II. All unused temporary plates issued pursuant to paragraph I, which are returned by a bona fide dealer to the division shall be refundable at the rate of $1 each; except that temporary plates purchased at the rate of $.50 each shall be refundable at the rate of $.50 each.
III. Prorated fees:
(a) For agricultural vehicles-$3.60.
(b) For each agricultural tractor-$1.80.
(c) For air compressors-$6.
(d) For cement mixers-$6.
(e) For saw rigs or log splitters-$6.
(If the equipment cited in RSA 261:141, III(c)-(e), is towed exclusively within the limits of a single city or town, the state registration fee shall not be collected.)
(f) For antique motorcycles-$2.40.
(g) For all motor vehicles other than those in RSA 261:141, I:
0-3000 lbs. $31.20 ($2.60 per month)
3001-5000 lbs. $43.20 ($3.60 per month)
5001-8000 lbs. $55.20 ($4.60 per month)
8001-73,280 lbs. $ .96 per hundred lbs. gross weight.
(h) Truck-tractors to be used in conjunction with a semi-trailer, gross weight shall include the weight of such tractors, the weight of the heaviest semi-trailer to be used therewith, and the weight of the maximum load to be carried thereby: up to 73,280 pounds $.96 per 100 pounds gross weight, over 73,280 pounds-$1.44 shall be charged for each 100 pounds gross weight or portion thereof in excess of 73,280 pounds.
(i) Each additional semi-trailer used in conjunction with such truck-tractor-$24.00.
(j) For semi-trailers or automobile utility trailers (the weight of the trailer shall include the maximum load to be carried thereby):
0-1000 lbs. $ 3.00
1001-1500 lbs. 6.00
1501-3000 lbs. 12.00
3001-5000 lbs. 24.00
5001-8000 lbs. 36.00
8001-up .60 per hundred lbs. gross weight.
(k) For each semi-trailer not registered in connection with a truck-tractor, the gross weight shall include the weight of such trailer and the weight of the maximum load to be carried thereby. The registration fee shall be $.60 per hundred lbs. gross weight and such trailer shall not be registered for less than 10,000 lbs.
(l) For equipment mounted on trucks of which the equipment is an integral part of the unit and the truck is not capable of carrying freight or merchandise, the registration fee shall be 1/3 of the regular fee charged as determined by the corresponding weight chart specified in subparagraph (i).
(m) For each farm truck or combination of motor type tractor and semi-trailer used only for transportation of agricultural products produced on and meant to be used in connection with the operation of a farm or farms owned, operated, or occupied by the registrant, for the first 16,000 pounds-$24, for any additional weight above 16,000 pounds-$.74 per hundred weight.
(n) For each additional or extra semi-trailer used in connection with a motor type tractor registered for farm purposes-$24. (In the event that a farm truck registered under the $24 fee as provided in this subparagraph and thereafter registered for general use during the same registration year, such fee shall be applied toward the fee for such general registration.)
(o) For each motorcycle-$15.
(p) For each moped-$3.
(q) For each motor vehicle used exclusively as a school bus or owned by a religious organization or a non-profit organization used exclusively as a bus for the transportation of its members in connection with functions of the organization for which no fee is charged-$24. (These provisions shall not apply to municipally owned vehicles nor to vehicles of public utilities or common carriers.)
(r) For antique motor vehicles other than antique motorcycles-$6.
(s) For each road oiler or bituminous distributor-$72.
(t) For plates issued to motor vehicle repairer-$24 for the first set of plates, $9 for each additional set of plates.
(u)(1) For each vehicle, owned by or under control of a manufacturer, wholesaler, or dealer-$200 for the first plate.
(2) For every additional plate-$12.
(v) For motor vehicles owned by or under control of automotive recycling dealer licensee-$30 up to first 7,000 lbs., over 7,000 lbs.-$.74 per 100 lbs. gross weight.
(w)(1) For motorcycles owned or under the control of a manufacturer or dealer in motorcycles-$12 for the first plate.
(2) For every additional plate-$3.
(x)(1) For mopeds owned or under the control of a manufacturer or dealer in mopeds-$12 for the first plate.
(2) For every additional plate-$3.
(y) For each transporter-$36. Additional sets of number plates at $18 per set.
(z) For each utility dealer registration-$36. Additional number plates at $9 per plate.
(aa) For ski area vehicles-$6.
(bb) For construction equipment as defined by RSA 259:42-the exclusive fee charged by the state shall be $25.
(cc) For each vanity number plate set-$40.
(dd) For agricultural/industrial utility vehicles the registration fee shall be 1/3 of the registration fee determined by the corresponding weight chart specified in subparagraph (g).
IV. If the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, the fee shall be increased by 1/12 for each whole month or part thereof remaining until the end of the month in which such anniversary will occur.
V. In all other cases, the fee shall be determined by multiplying 1/12 of the registration fee times the total number of whole months and any part of a month remaining until the end of the month in which the anniversary of the owner's birth occurs, or the last day of the month as designated by the director as the month for termination of the registration period.
VI. If a vehicle has been previously registered with the division, pursuant to RSA 261:141, III and RSA 261:153, said vehicle registration shall not be renewed for less than a 12 month fee, provided that the renewal registration is effected within 12 months of the expiration of the registrant's last valid registration. If a vehicle has been previously registered, and the owner of said vehicle fails to renew the vehicle registration in the month said renewal was legally required to be made when said renewal is obtained within 12 months of the last valid registration, the 12 months renewal fees charged hereunder shall be computed at the applicable mill rate which applied in the month when the vehicle should have been legally registered. If the registration is renewed beyond the 12 months immediately succeeding the last valid registration, the 12 months fee charged shall be computed at the mill rate applicable on the date when any successive registration period would have begun, and the minimum fee in such cases shall be for 12 months, except in those cases where the registrant can demonstrate to the satisfaction of the director that the vehicle has not been operated since the expiration of the last valid registration, in which case the registrant may register at the applicable mill rate on the date of registration.
VII. Fees charged for the purpose stated:
(a) For neutral zone registration pursuant to RSA 261:47-$2.
(b) For the transfer of the registration of any motor vehicle, trailer, semi-trailer or tractor for that of another motor vehicle, trailer, semi-trailer or tractor previously registered pursuant to this chapter-$10.
(c) For official cover plates-$1.
(d) For vanity plate service fee-$40.
(e) For the replacement of each number plate which has been lost, mutilated, or made illegible-$4.
(f) For the replacement of lost or illegible validation sticker-$1.
VIII. No fee shall be charged for registering a vehicle owned by any person who:
(a) Because of being an amputee, or paraplegic, has received said motor vehicle from the United States government or whose vehicle is to replace one so received, or who is evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from such service connected disability.
(b) Has been determined by the Department of Veterans Affairs to be suffering from total blindness as a result of a service connected disability.
(c) Is a former prisoner of war and was captured and incarcerated while serving in a qualifying war or armed conflict as defined in RSA 72:28, V, and who was honorably discharged.
IX. For every certified copy of and duplicate of a certificate of registration-$15.
X. Whenever a registration has been suspended, a fee of $25 shall be paid for the restoration of such registration. Such fee shall be in addition to the fee required under RSA 263:42, V. This $25 shall be placed in the highway fund. The commissioner, for good cause, may waive the restoration fee for a suspension. The commissioner shall adopt rules, under RSA 541-A, relative to such waiver procedures.
Source. 1905, 86:2, 3. 1909, 154:1, 2. 1911, 133:26. 1913, 81:6; 171:1, 2. 1915, 129:8. 1917, 229:7. 1919, 161:6. 1921, 119:25. 1923, 75:11. 1925, 87:1; 137:1. PL 102:1. 1927, 53:2; 94:1. 1933, 170:2. 1935, 45:1; 73:5. 1937, 126:1. RL 116:74. 1939, 48:1; 66:1; 132:5, 6; 161:1, 2; 189:4; 190:8. RL 118:1. 1945, 48:1. 1947, 107:2; 118:1; 177:7; 273:1, 2. 1949, 37:1. 1951, 24:1; 144:2. 1953, 76:1; 252:1, 2, 6. RSA 260:73; 262:1. 1955, 144:1. 1957, 233:1; 235:1; 310:4. 1959, 23:1; 150:1. 1963, 68:1; 125:1. 1965, 240:1-3; 273:1. 1967, 198:1. 1970, 42:2. 1971, 113:1; 205:1. 1973, 320:2. 1974, 45:15. 1975, 497:11-13. 1976, 3:5; 4:14, 15. 1977, 314:5; 487:3. 1978, 38:1. 1979, 48:2; 168:1; 215:3; 358:3; 389:3; 434:73. 1981, 146:1; 320:3; 568:29, 30. 1982, 42:153. 1983, 449:26; 469:54-56. 1985, 261:12. 1987, 151:3-7. 1989, 305:26. 1990, 79:11; 200:7. 1991, 347:6. 1992, 53:2. 1994, 350:8. 1997, 179:18, 19. 2000, 20:1. 2001, 73:6. 2005, 56:1; 295:5. 2007, 263:2, 3. 2008, 355:3. 2009, 144:196, 197, 244, 245, eff. July 1, 2009; 144:247, 248, eff. July 1, 2011. 2014, 47:1, eff. May 27, 2014; 282:7, eff. July 28, 2014. 2018, 34:1, eff. July 14, 2018.
Section 261:141-a
261:141-a Repealed by 1985, 261:12, II, eff. Oct. 1, 1985. –
Section 261:141-b
261:141-b Processing Fee to be Collected. –
The department shall collect an additional $5 fee for each registration processed by electronic means.
Source. 2004, 209:4, eff. June 11, 2004.
Section 261:141-c
261:141-c Electric Vehicle Registration Fee to be Collected. –
I. Battery electric vehicles, as defined in RSA 236:132, I, shall be assessed a surcharge of $100 on annual registration, and plug-in hybrid vehicles, as defined in RSA 236:132, V shall be assessed a surcharged of $50, to be deposited in the highway fund. The department of safety, division of motor vehicles shall determine necessary procedures for determining vehicles subject to this surcharge.
II. The division of motor vehicles and the department of transportation shall report annually on or before January 1 of each year to the New Hampshire transportation council, speaker, president, and chairs of house and senate transportation committees on the surcharge revenue.
Source. 2023, 79:475, eff. July 1, 2023.
Section 261:142
261:142 Weight in Computation of Fees. –
In the computation of fees, gross weight shall be the actual weight of said vehicle in pounds plus the manufacturer's rated load capacity in the case of freight or merchandise vehicles, and, in the case of passenger vehicles, shall be the actual weight of said vehicle plus the sum of the adult seating capacity multiplied by 150 pounds. The next larger 100 pounds shall be used in computing fees.
Source. 1921, 119:25. PL 102:3. RL 118:3. RSA 262:5. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:143
261:143 Classification Determined by Director. –
The director shall have authority in disputed cases to determine the classification in which any vehicle belongs and the amount of the fee which shall be paid therefor.
Source. 1921, 119:25. PL 102:5. RL 118:6. RSA 262:8. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:144
261:144 Fees for Carrying Added Load. –
Any person desiring to carry a greater load than that given under the manufacturer's rating shall so declare at the time of registration, and in such case the department shall base the fees upon the weight given by the owner.
Source. 1921, 119:25. PL 102:6. RL 118:7. RSA 262:9. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:145
261:145 Exemption for Publicly Owned Vehicles. –
Vehicles owned or operated by the state, or by any county, city, town, or school district, or by any volunteer fire department, or by any public or private educational institution used for the purpose of student driver training, shall be exempt from registration fees but shall be registered as any other vehicles are.
Source. 1917, 229:7. 1921, 119:25. PL 102:10. RL 118:1. 1947, 84:1. 1953, 252:4. RSA 262:13. 1978, 14:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:146
261:146 Exemption for Emergency Vehicles. –
Vehicles owned and driven by non-profit organizations and used exclusively without charge for emergency purposes shall be exempt from registration fees but shall be registered as any other vehicles are.
Source. RSA 262:13-a. 1961, 252:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:147
261:147 Manufacturing Fee, Number Plates. –
For each number plate issued, the department shall charge, in addition to any other fee required herein, a manufacturing fee of $4.00 per plate to be collected and disposed of as provided in RSA 228:25.
Source. RSA 229:6-d. 1977, 600:33. 1981, 146:1. 1990, 79:4. 1997, 186:3. 2002, 165:7, eff. July 1, 2002.
Municipal Permits for Registration
Section 261:148
261:148 Permit Required. –
No vehicle, except an OHRV, snowmobile or moped, owned or controlled by a resident of this state shall be registered under the provisions of this chapter until the owner or person controlling the same has obtained a permit for registration from the city or town wherein he resides. This section shall not apply to vehicles which constitute stock in trade of a manufacturer or of a bona fide dealer. The town or city clerk shall issue such permits to vehicles exempted from registration fees under RSA 261:92 at no charge. If the town or city has adopted the provisions of RSA 231:130-a, no such permit shall be issued unless the town or city clerk's records reveal no outstanding parking violations in this state. No such permit shall be issued unless the owner or person controlling the vehicle presents to the town or city clerk:
I. A current, government-issued photo identification card and a certificate of title, if required by the provisions of this chapter, or application for such certificate of title; or
II. In the case of a vehicle exempted from the title requirements of this chapter, a current, government-issued photo identification card and:
(a) A bill of sale from such previous owner; or
(b) If the previous owner was a dealer in vehicles, a temporary registration certificate or an application for a certificate of title.
III. The bill of sale required by the provisions of paragraph II shall contain the following information:
(a) The date of the sale;
(b) A description of the vehicle including:
(1) Make;
(2) Model;
(3) Vehicle identification number;
(4) Model year;
(5) Year of manufacture;
(6) Type of body; and
(7) Number of cylinders.
(c) Name and address of purchaser; and
(d) Signature and address of seller.
IV. In the case of any vehicle, a certificate of registration to the same owner for a current or previous registration period. The clerk may waive the requirement for a physical copy of the certificate of registration if the clerk has access to the electronic system of record and can verify the information for the current or previous registration period.
Source. 1919, 55:1. 1921, 120:1. PL 100:10. RL 116:16. RSA 260:22. 1967, 332:1. 1970, 28:1. 1971, 307:1. 1975, 497:6. 1981, 146:1. 1982, 12:4. 1987, 253:1. 2006, 90:11, eff. July 1, 2006 at 12:01 a.m. 2014, 47:2, eff. May 27, 2014; 278:5, eff. Sept. 26, 2014. 2019, 106:1, eff. June 21, 2019.
Section 261:149
261:149 Repealed by 1985, 93:1, eff. May 10, 1985. –
Section 261:150
261:150 Transfer Credits. –
I. Upon transfer of ownership of a vehicle the permit shall expire; provided, however, that any owner who has paid a permit fee for registration of a vehicle the ownership of which is transferred or of one which is subsequently totally lost by fire, theft, or accident, during the same registration period, shall be entitled, upon the payment of $5, to credit to the amount of any such permit fee toward other permit fees which may be required of him in the same registration period. The difference, if any, between the credit and the amount due on the newly registered vehicle shall be prorated for the remainder of the registration period.
II. If the ownership of a vehicle is not transferred, but the owner wishes to register another vehicle under the original vehicle registration during the same registration period, he shall be entitled, upon the payment of $5, to credit the amount of any such permit fee toward other permit fees which may be required of him in the same registration period. The difference, if any, between the credit and the amount due on the newly registered vehicle shall be prorated for the remainder of the registration period.
III. Any person who owns a vehicle and transfers the registration on that vehicle to a leased vehicle, and any person who leases a vehicle and transfers the registration on that vehicle to an owned or leased vehicle shall be entitled to a credit for the permit fee in the same manner and subject to the same fee as provided in this section. The registration shall be processed to expire according to the formula set forth in RSA 261:62. If the transfer extends the expiration of the existing registration, pro-rated fees shall be charged for the additional months in the new registration period. If the transfer shortens the registration period from the existing registration period no refund shall be issued.
Source. 1919, 55:3. 1921, 120:2. PL 100:12. 1929, 5:1. 1937, 76:1; 113:3. RL 116:18. RSA 260:25. 1957, 24:1. 1959, 150:2. 1965, 153:1. 1975, 497:7. 1977, 314:3. 1978, 38:4. 1979, 215:1. 1981, 146:1. 1983, 285:10. 1986, 161:2. 1992, 25:2, eff. Jan. 1, 1993.
Section 261:151
261:151 Refunds. –
No portion of any permit fee once paid shall be repaid to any person, provided that in a case where the department acting under the authority of law shall have refused upon original application for the registration period to register the vehicle to which the permit relates, the town clerk, upon application therefor, shall refund the said permit fee. The exception provided in this section shall not apply to a permit fee made up in whole or in part of transfer credits.
Source. RSA 260:25-a. 1957, 24:2. 1975, 497:8. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:152
261:152 Preparation of Documents. –
Permits shall be in the form prescribed by the director and shall be issued with such duplicates as the director shall determine. The town clerk shall prepare forms for permits and applications for registration of vehicles as required by RSA 261:52. Said forms shall be prepared by typewriter or printer. Distribution of such documents shall be made as determined by the director. For preparation of the forms hereunder the town clerk shall receive a fee of $2 for each application. The fee shall be paid by the applicant for registration and shall be in addition to any other fees required hereunder. The term "town clerk" as used in this section shall include the person in a city who has been designated by the city government to issue such documents.
Source. 1919, 55:4. PL 100:13. RL 116:19. RSA 260:26. 1967, 375:1. 1981, 146:1. 1983, 285:11, eff. Aug. 17, 1983. 2015, 163:1, eff. July 1, 2015.
Section 261:153
261:153 Fees for Registration Permits. –
I. The treasurer of each city, or such other person as the city government may designate, and the town clerk of each town shall collect fees for such permits as follows: on each vehicle offered for registration a sum equal to 18 mills on each dollar of the maker's list price for a current model year vehicle, 15 mills on each dollar of the maker's list price for the first preceding model year vehicle, 12 mills on each dollar of the maker's list price for the second preceding model year vehicle, 9 mills on each dollar of the maker's list price for the third preceding model year vehicle, 6 mills on each dollar of the maker's list price for the fourth preceding model year vehicle, and 3 mills on each dollar of the maker's list price for the fifth preceding model year vehicle and any model year prior thereto. In no event, however, shall the fee be less than $5. Registration permit fees for construction equipment, as defined in RSA 259:42, shall be governed by RSA 261:64. The director shall make the final determination of any vehicle model year in any case in which a dispute arises. The fee collected hereunder for a vehicle used only in the manner and for the purposes specified in RSA 261:82 and for an agricultural/industrial utility vehicle, as defined in RSA 259:2-a, shall be $5; and provided further, that the fee collected hereunder for a farm tractor shall be $5. In cases of doubt, the director may investigate for the purpose of determining eligibility for limited purpose registrations.
II. In all cases the manufacturer's list price shall be rounded off to the nearest $100 and the actual permit fee shall be rounded off to the nearest dollar.
III. If the permit is issued for a vehicle specified in RSA 261:141, III in a month other than the month in which the anniversary of the owner's birth occurs, the amount of the permit fee shall be changed as follows:
(a) If the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, the permit fee shall be increased by 1/12 for each whole month or part thereof remaining until the end of the month in which such anniversary will occur and the owner shall not be required to obtain a permit for the next registration period.
(b) In all other cases for vehicles specified in RSA 261:141, III the permit fee shall be determined by multiplying 1/12 of the permit fee for the vehicle times the total number of whole months and any part of a month remaining until the end of the month in which the anniversary of the owner's birth occurs, and the owner shall be required to obtain a permit for the next registration period.
IV. Each designated city official as the city government may designate and the town clerk of each town shall use the straight line method in computing fees stipulated in paragraph I for any registration. The straight line method means that no registrant shall pay less or more than 12 months at each stipulated mill rate, whether such 12 months extend over one or more registration periods. The mill rate to be charged on a vehicle originally offered for registration by a registrant shall be based on the year of manufacture of the said vehicle and shall continue for the next 12 months, including the month of registration. For each successive 12 months registration of the same vehicle thereafter, whether or not such 12 months registration extends beyond one or more registration periods, the fees to be charged shall be computed successively at the next lower mill rate; provided, that the minimum rate to be charged for any registration shall always be 3 mills on each dollar of the maker's list price of a vehicle.
V. Beginning July 1, 1989, in addition to each registration fee collected under paragraph I, there may be collected an additional fee for the purposes of a town reclamation trust fund as established in RSA 149-M:18. Of this amount, $.50 shall be retained by the city official designated by the city government or by the town clerk for administrative costs and the remaining amount shall be deposited into the reclamation trust fund established by the town for the purpose of paying collection and disposal fees for the town's motor vehicle waste and paying for the recycling and reclamation of other types of solid waste. For the purposes of this paragraph, "motor vehicle waste" means "motor vehicle waste" as defined in RSA 149-M:18. A town which collects such additional fees shall not charge a disposal fee for motor vehicle waste at the town's solid waste disposal facility. If a town finds the additional fee is not sufficient to cover fees for collection and disposal of town motor vehicle waste, it shall notify the office of planning and development. The office shall study the fee in accordance with RSA 12-O:53 and make recommendations, if necessary, for increases in the fee. The additional fee schedule shall be graduated by class of vehicle as follows:
(a) The fee for heavy vehicles, including mobile homes and house trailers, heavy trucks and truck-tractors whose gross weight exceeds 18,000 pounds, and buses shall be $5.
(b) Unless otherwise provided, the fee for automobiles, light vehicles including trucks, and commercial motorized vehicles including tractor trailers, shall be $3.
(c) Unless otherwise provided, the fee for special use vehicles including all-terrain vehicles, agricultural and farm vehicles, and antique vehicles and for 2-wheeled vehicles including mopeds, motorcycles, and automobile utility trailers, shall be $2.
VI. (a) Beginning on July 1, 1997, in addition to the motor vehicle registration fees collected under paragraphs I and V, the legislative body of a municipality may vote to collect an additional fee for the purpose of supporting a municipal and transportation improvement fund, which shall be a capital reserve fund established for this purpose and governed by the provisions of RSA 34 and RSA 35 for cities and towns, respectively. Of the amount collected, up to 10 percent, but not more than $0.50 of each fee paid, may be retained by the local official designated by the municipal government or by the town or city clerk for administrative costs. The remaining amount shall be deposited into the municipal transportation improvement fund established to allow a community to fund, wholly or in part, improvements in the local or regional transportation system including roads, bridges, bicycle and pedestrian facilities, parking and intermodal facilities, electric vehicle charging stations, and public transportation. The funds may be used for engineering, right-of-way acquisition, and construction costs of transportation facilities, including electric vehicle charging stations, and for operating and capital costs of public transportation only. The funds may be used as matching funds for state or federal funds allocated for local or regional transportation improvements. Such funds shall not be used to offset any other non-transportation appropriations made by the municipality.
(b) The maximum fee charged under this paragraph shall be $5. The municipality shall establish the required fee, up to the maximum amount allowable, based on anticipated funding needs for transportation improvements. The additional fee shall be collected from all vehicles, both passenger and commercial, with the exception of all terrain vehicles as defined in RSA 215-A:1, I-b and antique motor vehicles, farm tractors, or motorcycles, as defined in RSA 259:4.
(c) Any town or city may adopt the provisions of subparagraphs (a) and (b) for an optional additional motor vehicle registration fee to fund municipal transportation improvements in the following manner:
(1) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39:3, and shall be voted on by ballot. In a city, the legislative body may consider and act upon the question in accordance with their normal procedures for passage of resolutions, ordinances, and other legislation. The legislative body of a city may vote to place the question on the official ballot for any regular municipal election, or in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(2) The selectmen or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(3) A town or city may choose to restrict the use of the municipal transportation improvement fund to one or more of the transportation system modes provided for in paragraph VI(a). Any such restriction shall be so stated in the wording of the question.
(d) If a majority of those voting on the question vote "Yes," the additional motor vehicle registration fee shall apply within the town or city on the date set by the selectmen or the city council.
(e)(1) A town or city may consider rescinding its action in the manner described in subparagraph (c). The wording of the question shall be the same as that was adopted by the town or city, except the word "adopt" shall be changed to "rescind."
(2) If a majority of those voting on the question vote "Yes," following the action taken to rescind, the additional motor vehicle registration fee shall not apply within the town or city.
Source. 1919, 55:5. 1921, 120:3. 1925, 136:1. PL 100:14. 1927, 12:1. 1933, 29:1. 1941, 75:1. RL 116:20. 1945, 81:1. 1953, 130:2. RSA 260:27. 1963, 184:2. 1965, 153:2. 1975, 497:9. 1976, 3:3, 7. 1977, 314:4. 1979, 215:2. 1981, 146:1; 446:1, 2. 1983, 285:12. 1989, 263:9. 1991, 225:2. 1994, 42:2, 3. 1996, 251:10. 1998, 4:1. 1999, 265:1. 2003, 319:9. 2004, 257:44. 2010, 85:1. 2013, 168:2, 3, eff. July 1, 2013. 2016, 93:1, eff. Jan. 1, 2017; 99:1, eff. July 18, 2016. 2017, 156:64, eff. July 1, 2017. 2021, 91:203, eff. July 1, 2021. 2022, 27:3, eff. June 17, 2022.
Section 261:154
261:154 Additional Fees for Registration Permits. –
The governing bodies of towns and cities of a population greater than 50,000 as determined by the last federal census may, subject to the provisions of RSA 261:155, direct the city treasurer or the town clerk to collect in addition to the fees imposed in RSA 261:153, fees for such permits as follows: a sum not to exceed 5 mills on each dollar of the maker's list price for a current model year vehicle, a sum not to exceed 4 mills on each dollar of the maker's list price for the first preceding model year vehicle, a sum not to exceed 3 mills on each dollar of the maker's list price for the second preceding model year vehicle, a sum not to exceed 2 mills on each dollar of the maker's list price for the third preceding model year vehicle, and a sum not to exceed one mill on each dollar of the maker's list price for the fourth preceding model year vehicle and any model year prior thereto. In no event, however, shall the fee be less than one dollar. The director shall make the final determination of any vehicle model year in any case in which a dispute arises. All fees collected under this section shall be used for the construction, operation and maintenance of public parking facilities as provided in RSA 231:114-129.
Source. RSA 260:27-b. 1969, 484:1. 1971, 512:11. 1981, 146:1. 1994, 42:4, eff. June 27, 1994.
Section 261:155
261:155 Optional Referendum, Two-Thirds Vote of Governing Body, on Permit Fees. –
I.
Optional Referendum. If the governing body of a town or city wishes to place the question of whether or not to collect the fees imposed by RSA 261:154 on a referendum to be voted upon at any regular municipal election or at a special election called for the purpose, they may do so. Should a referendum be held, the following question shall be submitted: "Shall the governing body of this municipality be instructed to adopt provisions calling for additional vehicle permit fees to be used for the construction of public parking facilities?" The governing body shall be bound by the outcome of the referendum.
II.
Two-Thirds Vote of Governing Body. If the governing body of a town or city decides not to hold the referendum pursuant to paragraph I, a 2/3 vote of the entire membership of the governing body shall be necessary in order to collect the fees imposed by RSA 261:154.
Source. RSA 260:27-c. 1969, 484:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:156
261:156 Collection of Insufficient Fund Checks. –
The director, upon receipt of a complaint from the city official whom the city government may designate, or the town clerk of a town that a person has paid a permit fee with a bad check as defined in RSA 638:4, may suspend the registration privilege of such person until the city official or town clerk has been reimbursed the full amount of such check and any protest fees. The suspension of a registration privilege under the provisions of this section shall not limit criminal prosecution under RSA 638:4.
Source. RSA 260:27-d. 1979, 325:1. 1981, 146:1. 2013, 15:1, eff. Jan. 1, 2014.
Section 261:157
261:157 Exemption of Amputee and Other Disabled Veterans. –
For the initial set of plates, no fee shall be charged for a permit to register a motor vehicle owned by a veteran of any war or armed conflict, as defined in RSA 72:28, V, who because of being an amputee or paraplegic or having suffered loss or use of a limb from a service-connected cause, as certified by the United States Department of Veterans Affairs, has received said vehicle from the United States government or cash settlement in lieu thereof; or because of a disability incurred in, or aggravated by such service, and upon satisfactory proof that the veteran is evaluated by the United States Department of Veterans Affairs to be totally and permanently disabled from such service-connected disability.
Source. 1947, 107:1. RSA 260:28. 1970, 42:1. 1973, 320:1. 1974, 45:14. 1981, 146:1. 2010, 62:1, eff. July 17, 2010. 2019, 162:2, eff. Sept. 7, 2019.
Section 261:157-a
261:157-a Local Option; Exemption for Certain Other Veterans. –
The legislative body of a city or town may adopt an ordinance waiving the fee to be charged for a permit to register one motor vehicle owned by any person who:
I. Is a former prisoner of war and was captured and incarcerated while serving in a qualifying war or armed conflict as defined in RSA 72:28, V, including those serving in military operations in Iraq and Afghanistan, and who was honorably discharged, provided that such person has furnished the city or town clerk with satisfactory proof of these circumstances; or
II. Was awarded the Purple Heart medal and who was honorably discharged or is still on active duty, provided that such person has furnished the city or town clerk with satisfactory proof of these circumstances; or
III. Survived Pearl Harbor and was honorably discharged, provided that such person has furnished the city or town clerk with satisfactory proof of these circumstances.
Source. 1985, 419:1. 2003, 299:21, eff. April 1, 2003. 2019, 279:2, eff. Sept. 17, 2019.
Section 261:158
261:158 Exemption for Publicly Owned and Emergency Vehicles. –
No fee shall be charged for a permit to register any of the following:
I. Any motor vehicle owned by a nonprofit organization and used exclusively without charge for emergency purposes.
II. Any motor vehicle owned or driven by the state or by any county, city, town or school district.
III. Any motor vehicle owned or driven by any volunteer fire department.
IV. Any motor vehicle owned or driven by any public or private educational institution which is used for the purpose of student driver training.
Source. RSA 260:28-a. 1961, 252:2. 1981, 146:1. 1983, 431:7, eff. Aug. 23, 1983.
Section 261:159
261:159 Exemption for Blind Veterans. –
For the initial set of plates, no fee shall be charged for a permit to register a vehicle owned by a veteran who has been determined by the Department of Veterans Affairs to be suffering from total blindness as a result of a service-connected disability.
Source. 1951, 144:3. RSA 260:29. 1981, 146:1, eff. Jan. 1, 1982. 2019, 162:3, eff. Sept. 7, 2019.
Section 261:160
261:160 Collection of Permit Fees in Unorganized Places. –
County treasurers shall receive permit fees and issue permits under this chapter to persons residing in unorganized places in any county. Such fees shall be for the use of the county in which such place is situate, except that the county treasurer shall be entitled to receive therefrom $.25 for each permit issued.
Source. 1923, 38:1. PL 100:17. RL 116:23. RSA 260:32. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:161
261:161 Expiration of Permits. –
All permits for registration of vehicles provided for in this chapter shall expire at the same time as is specified for the expiration of the registration of the vehicle for which the permit was issued.
Source. 1919, 55:8. PL 100:18. 1937, 113:2. RL 116:24. RSA 260:33. 1975, 497:10. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:162
261:162 Taxation of Motor Vehicles Prohibited. –
Motor vehicles owned or controlled by residents of this state shall not be taxed.
Source. 1919, 55:10. PL 100:19. RL 116:25. RSA 260:34. 1971, 363:13. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:163
261:163 Nonresident Commercial Permit Fees. –
The amount of the fee for the permit for registration required by RSA 261:42 shall be 1/2 the amount of the registration fee for such vehicle.
Source. 1937, 191:1. RL 116:28. RSA 260:37. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:164
261:164 Disposition of Nonresident Commercial Permit Fees. –
All fees received by the department under the provisions of this subdivision shall be credited to the department of transportation for the maintenance of ways.
Source. 1937, 191:1. RL 116:29. RSA 260:38. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:165
261:165 Accounting for Receipts of Permit Fees. –
Each designated city official and town clerk shall keep an account of the money received by him or her for vehicle permit fees collected. The clerk or official shall remit all fees collected to the town or city treasurer, or to the treasurer's designee as provided by RSA 41:29, VI, at least on a weekly basis, or daily whenever permit fee receipts total $1,500 or more. Such permit fees shall be used for the general purposes of the city or town. Failure of the city official or town clerk to remit permit fees on a timely basis as required by this section shall be cause for the immediate removal from office under RSA 41:40 of the city official or under RSA 41:16-c of the town clerk. Town clerks shall be paid on orders drawn on the town treasurer by the selectmen at the rate of $.50 for each permit issued.
Source. 1919, 55:6. 1921, 120:4. PL 100:16. RL 116:22. 1945, 197:1. 1947, 14:1. RSA 260:31. 1969, 307:1. 1977, 322:1. 1981, 146:1. 2007, 246:6. 2011, 19:2, eff. June 24, 2011.
OHRV Registration
Section 261:166 to 261:175
261:166 to 261:175 Repealed by 1981, 538:11, XIV, eff. Jan. 1, 1982 at 12:02 a.m. –
Registration Penalties and Offenses
Section 261:176
261:176 Misuse or Failure to Display Plates. –
I. Any person who knowingly attaches or permits to be attached to a vehicle a number plate assigned by the department, or authority of any other jurisdiction, to another vehicle or who knowingly obscures or permits to be obscured the figures or letters on any number plate attached to any vehicle or who knowingly and deliberately fails to display on a vehicle the number plates and the registration number duly issued therefor shall be guilty of a violation.
II. Any person who applies or permits to be applied any covering to a license plate that is colored, smoked, or tinted shall be guilty of a violation.
III. The fine for a violation of this section shall be $150.
Source. RSA 262:27-c. 1967, 281:1. 1973, 528:140. 1979, 358:13. 1981, 146:1. 2005, 177:36, eff. July 1, 2005. 2021, 55:1, eff. Jan. 1, 2022.
Section 261:176-a
261:176-a Counterfeiting or Duplication of Number Plates. –
No person shall photograph, photostat, counterfeit, duplicate, or in any manner reproduce or display any number plate or a facsimile of any number plate in such a manner that it could be mistaken for an official number plate issued by the department, or possess any such photograph, photostat, duplicate, reproduction, or facsimile unless specifically authorized by the director.
Source. 2005, 203:6, eff. July 1, 2005.
Section 261:177
261:177 Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers. –
I. Upon any evidence of misuse of registration or any violation of the provisions of this chapter or any rules authorized by law the director may:
(a) After a hearing and upon a finding that a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has violated any provision of this chapter or rules adopted pursuant to this chapter, suspend or revoke the dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges for an appropriate period of time considering the severity of the offense, the number of offenses committed, and whether the dealer, utility dealer, automotive recycling dealer, transporter, or repairer committed prior offenses. If the license is revoked and the director determines after a hearing that an owner, partner, or officer of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of any provision of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer laws or rules, the director may prohibit an owner, partner, or officer from opening any other dealership for a period of time not to exceed 5 years; or
(b) Impose an administrative fine upon any dealer, utility dealer, automotive recycling dealer, transporter, or repairer. The maximum amounts of the fines which may be assessed shall be as follows:
(1) For the first violation, $250.
(2) For the second violation, $500.
(3) For the third violation, $750.
(4) For the fourth violation, $1,000.
(5) For 5 or more violations, $2,000.
(c) No fine, or suspension or revocation of a dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed or the suspension or revocation of registration, license, or privileges imposed.
II. Whenever a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has a license or plates or license and plates revoked or suspended for a period of greater than 15 days, a fee of $50 shall be paid for the restoration of such license or plates or license and plates.
III. Upon a finding by the director that any dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of an order of the commissioner issued pursuant to this section, the director may impose an administrative fine of up to $1,000 for each day that the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of the order.
IV. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who violates any of the provisions of this chapter or fails to comply with any order of the director pursuant to this chapter shall be guilty of a violation.
V. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who knowingly makes a false or misleading statement in any application or form required by the director pursuant to this chapter, with the purpose of obtaining any registration, license, or privilege, shall be guilty of a misdemeanor.
VI. Any person who violates RSA 261:103-b shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
Source. RSA 260:82, 90. 1957, 316:1. 1969, 463:5. 1981, 146:1. 1992, 282:3. 1994, 350:6. 1997, 179:20. 1998, 202:8, 9. 2003, 298:2. 2008, 282:3. 2010, 33:1, eff. Jan. 1, 2011. 2014, 278:6, eff. Sept. 26, 2014.
Section 261:178
261:178 Suspension of Registration of Vehicle. –
The director, upon evidence satisfactory to him that the owner of a vehicle is permitting or has permitted the same to be driven in violation of any of the provisions of this title, or has made any false statement in the application for registration, may suspend the registration of such vehicle until he is satisfied that the offense will not be repeated or the owner has been acquitted, and any person who shall drive or permit to be driven a vehicle owned or controlled by him upon any way after his registration has been suspended or revoked shall be guilty of a misdemeanor.
Source. 1921, 119:16. PL 102:32. RL 118:35. RSA 262:42. 1981, 146:1, eff. Jan. 1, 1982.
Section 261:179
261:179 Suspension or Denial of Registration for Abandoning Vehicle. –
The director may suspend any registrations issued to a person who has been convicted of violating RSA 262:40-c or who has been found by the director to have abandoned a vehicle without paying for the costs of removing, storing, and destroying the vehicle. The director may refuse to register any vehicle to a person who has been convicted of violating RSA 262:40-c or who has been found by the director to have abandoned a vehicle without paying for the costs of removing, storing, and destroying the vehicle.
Source. 1989, 253:1, eff. July 25, 1989.
Section 261:180
261:180 Mandatory Suspension or Revocation of Registration. –
I. No person shall register any type of motor vehicle in this state while his license is under revocation or suspension for any of the reasons listed in paragraph III of this section. Any person who registers a vehicle while his license is under suspension or revocation for any reason under paragraph III shall be guilty of a violation, and shall have his registration revoked.
II. A person whose license is under suspension or revocation for any of the reasons listed in paragraph III of this section who registers a vehicle shall not be entitled to a refund of either the municipal permit fee or the registration fee.
III. The commissioner, when suspending a driver's license or privilege to drive because the driver is an habitual offender or has been convicted of negligent homicide involving the use of a motor vehicle, manslaughter involving the use of a motor vehicle, a subsequent offense of driving or attempting to drive under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive under RSA 265-A:2, I, or aggravated driving while intoxicated or attempted aggravated driving while intoxicated under RSA 265-A:3, shall also revoke the registration of any vehicle registered to the individual whose license is being revoked or suspended, for the period of revocation or suspension of the license or privilege to drive.
IV. The commissioner shall establish, pursuant to RSA 541-A, a system for providing a hardship registration for an additional fee of $10 on a vehicle registered to a person whose license is under suspension or revocation and whose registration has also been suspended or revoked pursuant to this section.
Source. 1990, 200:6. 2006, 260:17. 2012, 267:1, eff. Jan. 1, 2013.
Section 261:181
261:181 Refusal or Revocation of Registration Based on Federal Prohibition From Operating in Interstate Commerce. –
The director is authorized to suspend, revoke, or refuse to renew the registration or permit of a commercial motor vehicle if the commercial carrier responsible for safety has been prohibited from operating by the Federal Motor Carrier Safety Administration.
Source. 2011, 12:1, eff. Jan. 1, 2012.
Section 261:182
261:182 Grounds for Refusal of Motor Carrier Registration Based on Fraud or Ineligibility. –
The division may deny registration of a commercial motor vehicle if the applicant fails to disclose material information required or if the applicant has made a materially false statement on the application, or the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. The division may deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the owner, an owner's relative or family member, a corporate officer, or a shareholder.
Source. 2011, 12:1, eff. Jan. 1, 2012.