TITLE XXI
MOTOR VEHICLES

Chapter 266
EQUIPMENT OF VEHICLES

Inspections

Section 266:1

    266:1 Inspection Authorized. –
I. The director may require the inspection of any vehicle, except an OHRV, snowmobile, moped, roadable aircraft, or any other vehicle exempted under this chapter, to determine whether it is fit to be driven. Such inspection shall be made at such times and in such manner as the director may specify, subject to the requirements set forth in this section.
II. Any vehicle registered under this title, except an OHRV, snowmobile, moped, roadable aircraft, or other exempt vehicle, shall be inspected once a year, during the month in which the birth date of the owner is observed, if the owner is a natural person. An inspection sticker shall be valid for the same duration as the vehicle's registration, which shall not exceed 16 months. If the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. Nothing in this paragraph shall require any person who has registered and had inspected a vehicle with temporary plates to have the vehicle reinspected upon receipt of permanent motor vehicle plates. An inspection sticker shall not expire when a vehicle is transferred to a licensed dealer.
II-a. Notwithstanding RSA 266:1, II, if the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, and the vehicle owner provides written verification of absence from New Hampshire during the entire anniversary month, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application.
III. If the owner of the vehicle is a company or corporation or other than a natural person, the annual inspection shall be made during the month designated by the director as the registration month for such legal entity. Vehicles registered as antique motor vehicles and antique motorcycles and which are 40 years old and over shall be inspected biennially. Antique motor vehicles and custom vehicles shall be inspected in the month of May. Without regard to the owner's birth date or registration month, motorcycles, autocycles, and recreational vehicles shall be inspected annually by July 1.
IV. Notwithstanding paragraphs II and III, newly registered vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, roadable aircraft, and vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, and roadable aircraft, the ownership of which has been transferred, shall be inspected not later than 10 days after the registration or transfer of ownership of said vehicle. However, if a new vehicle is purchased at retail from a licensed dealer, as defined in RSA 259:18, the vehicle shall be inspected not later than 20 days after the date of transfer. A used vehicle for which a dealer has issued a 20-day plate pursuant to RSA 261:109 shall be inspected by the dealer or an authorized inspection station on behalf of the dealer at the time of the attachment of the plate unless a valid inspection sticker issued by the dealer is in place, in which case the vehicle shall be inspected within 20 days or before the sticker expires, whichever occurs first. All other expired motor vehicle inspections shall be subject to the 10-day grace period in RSA 266:5.
V. The director may authorize properly qualified persons to make inspections without expense to the state at stations designated by the director, and may at any time revoke such authorization or designation; provided, however, that inspections conducted at such stations at the request and under the direction of a police officer or a state trooper or authorized employee of the department of safety shall be paid for as follows:
(a) In the event violations of this section are uncovered, by the owner of the vehicle.
(b) In the event no such violations are uncovered, by the agency represented by the police officer or state trooper or authorized employee of the department of safety.
The biennial fee to be paid by the inspection station upon authorization to make inspections shall be $50 and shall not be refundable nor prorated, however, applications submitted during the second year of the license cycle shall be subject to a fee of only $25.
V-a. An inspection station may, upon request, be designated a "motorcycle only" inspection station. A "motorcycle only" inspection station may inspect only motorcycles and shall not be required to conduct OBD II emission testing under RSA 266:59-b or to purchase or lease any equipment relating to the OBD II emission testing program.
VI. Except as provided in paragraph XII, each inspection station shall conspicuously post on its premises a notice, in a form and size approved by the director, indicating that the station is an authorized inspection station.
VII. Except as provided in paragraph XII, each inspection station shall conspicuously post on the outside of the building a sign showing the inspection fee charged and the additional fee charged for OBD II testing under RSA 266:59-b. No inspection station shall include the cost of OBD II testing or reporting in the inspection fee charged for a vehicle not subject to the OBD II requirements under RSA 266:59-b.
VII-a. (a) The director is authorized to require inspection stations to submit inspection data to the department electronically, provided that if electronic submission is required the following inspection stations shall be allowed to submit inspection data electronically or on a designated schedule and form prescribed by the department:
(1) Inspection stations that are authorized to inspect only motorcycles.
(2) [Repealed.]
(3) Fleet motor vehicle inspection stations for non-OBD II vehicles.
(4) Municipal and county government inspection stations.
(b) The department shall not require an inspection station to transfer inspection information electronically for any vehicle of model year 1995 or older.
VIII. A new vehicle which has been delivered in this state with a certificate of origin in the form prescribed by the director is exempt from the inspection requirements contained in this section until it is sold at retail. Upon retail sale of such a vehicle, the owner shall be required to have the vehicle inspected pursuant to paragraph IV and as provided in this section and the rules adopted under this chapter.
IX. Notwithstanding any other provisions of this section to the contrary, all school buses exceeding 10,000 pounds gross vehicle weight shall be inspected semiannually. The month for the first inspection shall be the month in which the birth date of the owner is observed, if the owner is a natural person; if the owner is other than a natural person, the first inspection shall be conducted during the month designated by the director as the registration month for such legal entity. In either case, the second inspection shall be 6 months later.
X. The director may authorize properly qualified persons to inspect any motor vehicle, except an OHRV, snowmobile, moped, roadable aircraft, or any other vehicle exempted under this chapter, which has been involved in a fatal accident or an accident involving serious bodily injury as defined in RSA 625:11, VI, to determine whether the vehicle was in compliance with state inspection requirements.
XI. (a) The department may impose an administrative fine upon any inspection station for any violation of an inspection law or rule adopted under the provisions of this chapter. The authority to impose such a fine shall be in addition to any other remedy or penalty that may be imposed, but in no event shall the department impose both a fine and a suspension of inspection privileges in the same proceeding. 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.
(b) No fine shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed.
XII. The director may authorize as an inspection station a mobile service garage that is contracted with employers, provided:
(a) Inspections may only be performed while the mobile service garage is on an employer's premises.
(b) While the mobile service garage is on an employer's premises, inspections are performed solely on vehicles registered to employees of the contracted employer or registered to the employer.
(c) Each inspection station authorized pursuant to this section shall conspicuously post, in a form and size approved by the director, on its vehicle or trailer indicating that it is an authorized inspection station.
(d) Each inspection station authorized pursuant to this paragraph shall conspicuously post on the outside of its vehicle or trailer a sign showing the inspection fee charged and the additional fee charged for OBD II testing under RSA 266:59-b. No inspection station authorized pursuant to this paragraph shall include the cost of OBD II testing or reporting in the inspection fee charged for a vehicle not subject to the OBD II requirements under RSA 266:59-b.

Source. 1931, 80:1. 1939, 199:1. RL 116:11. 1951, 20:1. RSA 260:14. 1965, 240:6. 1969, 84:1; 291:1; 488:2. 1975, 121:1. 1976, 4:9, 10. 1978, 38:5. 1981, 146:1; 538:8. 1986, 218:1. 1988, 45:1; 288:9, 13. 1989, 305:16. 1990, 79:8. 1992, 282:8, 9. 1995, 3:2; 41:2. 2001, 115:1. 2005, 14:1; 203:7; 267:4, 5; 296:2, 6, I, 7. 2006, 83:1; 90:11. 2007, 91:1; 372:5. 2010, 353:4. 2012, 38:1, eff. Jan. 1, 2013. 2014, 234:3, eff. Jan. 1, 2015; 245:3, eff. Sept. 19, 2014. 2015, 222:8, eff. July 1, 2015. 2020, 33:35-37, eff. Sept. 22, 2020. 2022, 228:2, 3, eff. Mar. 14, 2023. 2023, 11:1, eff. July 3, 2023.

Section 266:1-a

    266:1-a State Police Duties Relative to Vehicle Inspection. –
I. The director of the division of state police, with the approval of the commissioner of safety shall assign a suitable complement of state troopers to assist the director of motor vehicles in enforcing the motor vehicle inspection laws and rules. A state trooper assigned pursuant to this section shall have the powers of a peace officer, certified under RSA 106-L:5, V, and shall have as a primary function statewide enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A state trooper assigned under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during the station's business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner.
II. The commissioner shall furnish suitable equipment to a state trooper, as the commissioner deems necessary, to carry out his or her duties under this section.

Source. 1999, 302:1. 2001, 139:2. 2002, 262:4. 2013, 127:1, eff. Aug. 24, 2013. 2017, 206:15, eff. Sept. 8, 2017.

Section 266:1-b

    266:1-b Inspection of Trailers, Exemptions. –
I. Notwithstanding any law or rule to the contrary, trailers of 10,000 pounds or less gross vehicle weight rating not used in interstate commerce shall be exempt from periodic vehicle inspection requirements, but shall be subject as other vehicles are to periodic roadside inspection by law enforcement officers to determine that they have the proper required and fully functional safety equipment.
II. The director may authorize properly qualified dealers holding utility dealer registrations to inspect trailers of more than 10,000 pounds gross vehicle weight, to determine whether they are fit to be driven, and to issue inspection stickers, under rules adopted for this purpose pursuant to RSA 541-A. This section shall not apply to full trailers as defined in RSA 259:37-a or semi-trailers as defined in RSA 259:98, and shall not prohibit other official inspection stations from inspecting trailers.

Source. 2013, 127:2, eff. Aug. 24, 2013.

Section 266:2

    266:2 Fees. – The fee for inspection stickers shall be $3.25 for each sticker furnished an approved inspection station. The division shall transfer $.25 of each fee collected under this section to the motor vehicle air pollution abatement fund established by RSA 125-S:3 and $.25 of each fee collected under this section to the general fund. All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of $3.25 each, except that unused stickers purchased from the division for a fee of $2.50 shall be refundable at the rate of $2.50 each.

Source. 1951, 20:2. RSA 260:15. 1965, 240:7. 1969, 291:2. 1977, 563:78. 1978, 51:2. 1981, 146:1; 568:28. 1986, 218:4. 1999, 302:2. 2003, 319:45. 2009, 144:49, eff. July 1, 2009.

Section 266:3

    266:3 Inspection of Spare Tires Prohibited. – Notwithstanding the provisions of RSA 266:1, the director may not authorize the inspection of any tire carried as a spare tire by any vehicle.

Source. RSA 260:14-a. 1967, 314:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:3-a

    266:3-a Rust. –
The director shall establish a procedure for the external visual examination for rust of private passenger vehicles and light trucks during the inspection required by RSA 266:1. The procedure shall include requirements for further examination if substantial rust is observed. No private passenger vehicle or light truck shall pass the inspection requirements of RSA 266:1 if the procedure reveals any of the following:
I. Rust that permits exhaust gases to enter the passenger or cargo compartment.
II. Any metal or any loose or dislocated parts protruding from the surface of the vehicle so as to create a hazard.
III. A bumper that is rusted so that it is not firmly attached or that has broken or torn portions protruding from the surface so as to create a hazard.
IV. A frame that is not in solid condition.

Source. 2018, 43:1, eff. Jan. 1, 2019.

Section 266:4

    266:4 Repair of Defective Equipment. – If a so-called defective equipment tag is issued for a vehicle under the authority of RSA 266:1, such tag shall provide a minimum period of 72 hours in which the owner of such vehicle is required to repair the defect specified in said tag.

Source. RSA 260:14-b. 1975, 167:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:5

    266:5 Penalty for Failing to Obey Inspection Requirements. – The driver or owner of any motor vehicle failing to comply with the requirements of the director relative to inspection shall be guilty of a violation, and the director may refuse to register, or may suspend or revoke the registration of, any motor vehicle, trailer, or semi-trailer which has not been inspected as required or which is unsafe or unfit to be driven; provided, however, no person shall be charged with a violation of this section until a period of 10 days has elapsed from the date the inspection was due. It shall be a rebuttable presumption that a vehicle that is required to be inspected is in violation of this section if the vehicle fails to display a valid inspection sticker. This section shall not apply to those vehicles required to be inspected under the provisions of RSA 266:1, IV. The fine for a violation of this section shall be $60.

Source. 1931, 80:1. 1939, 78:1. RL 116:12. 1951, 20:3. RSA 260:16. 1981, 146:1; 295:1, 2. 2005, 177:44. 2012, 128:1, eff. Aug. 4, 2012.

Section 266:6

    266:6 Driving of Uninspected Vehicles. –
I. The director is hereby authorized to design and issue, under such rules and procedures as he or she shall deem appropriate, a permit to allow the driving of an uninspected vehicle from its location to an inspection station where for good cause shown the person requesting such permit has been unable to comply with the director's rules relating to inspection.
II. The director may provide a telephonic or electronic process whereby a transporter may be issued a special permit to allow the movement of an unladen and uninspected semi-trailer to a disposal facility, a salvage inspection station, or another temporary or permanent location during daylight hours only. The permittee shall certify that the vehicle is of sufficient structural soundness to support the move, and the braking ability of the combination conforms with the provisions of RSA 266:28. The combination shall be equipped with working directional signals, stop lamps, and tail lamps visible from the rear through the use of a light bar or other means.
III. A licensed New Hampshire dealer who purchases an uninspected used vehicle may operate such vehicle from its location at the time of the sale to the dealer's place of business within 24 hours of the date of purchase of such vehicle as shown on the bill of sale, provided that the vehicle is safe for road use.
IV. A licensed New Hampshire repairer may operate a currently registered, uninspected vehicle from a customer's location to the repairer's place of business within 24 hours of obtaining a repair order for the vehicle signed by the registered owner, provided that the vehicle is safe for road use.

Source. RSA 260:16-a. 1967, 435:1. 1981, 146:1, eff. Jan. 1, 1982. 2014, 307:1, eff. Sept. 30, 2014. 2018, 194:1, eff. Aug. 7, 2018.

Section 266:7

    266:7 Inspection of School Buses. – The director shall have authority, through his duly authorized agents, to inspect any motor vehicle used for the purpose of transporting school children to any school to determine its fitness for such purpose, and if he finds that such vehicle is unfit, he may refuse to permit it to be designated as a school bus. Said inspection shall be made before any motor vehicle transporting school children to any school is used for said transportation. The director shall cause to be issued some identification if such vehicle is approved as a school bus.

Source. 1939, 69:1. RL 119:14. 1945, 49:1. RSA 263:27. 1961, 251:4. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:8

    266:8 Sales of Unsafe Vehicles. – A dealer selling a vehicle at retail which, in his judgment, is unsafe for driving upon the ways of this state shall destroy any inspection sticker applied to the windshield thereof and shall within 5 days after said sale file with the department notice of said sale on a form provided by the director and signed by both the purchaser and dealer. A copy of said notice shall be retained by the dealer and a copy shall be delivered to the purchaser.

Source. RSA 260:52-a. 1963, 273:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:8-a

    266:8-a Specially Assembled Motor Vehicles. – The director may establish equipment standards by rules adopted pursuant to RSA 260:5, for the manufacture of special motor vehicles, or for the assembly and construction of vehicles from new or used parts or kits, or for the alteration or reconstruction of a motor vehicle which places it in the category of a special motor vehicle. Such standards shall be established for the purpose of reducing the danger of death and injury to the drivers and passengers of such vehicles and to other users of the public highways. The director may establish minimum construction and performance requirements that are technically feasible and based on sound engineering to achieve operational safety and to furnish a guide for registration eligibility and in-use conformity for vehicles in this category.

Source. 1981, 479:50, eff. Jan. 1, 1982 at 12:01 a.m.

Height, Length and Width

Section 266:9

    266:9 Height of Motor Vehicle Body and Chassis. – No person shall change the height of, or alter a bumper of, a private passenger vehicle so that the height of any horizontal bumper falls below the minimum distance of 16 inches or above the maximum distance of 20 inches. No person shall change the height of, or alter a bumper of, any vehicle other than a private passenger vehicle so that the height of any horizontal bumper falls below the minimum distance of 16 inches or above the maximum distance of 30 inches. Measurement shall be made from the level ground to the bottom of the bumper with tires inflated to manufacturer's maximum air pressure. If a vehicle is not commonly manufactured with a rear bumper, measurement shall be made to the bottom edge of the chassis frame siderails. No motor vehicle that has been changed or altered so as to exceed the limitations of this section shall be driven on any way without the prior approval of the director. For the purpose of this section, in addition to the definition contained in RSA 259:81, the term "private passenger vehicle" shall mean a vehicle that has no provision for carrying a load other than a conventional trunk or the cargo area of a station wagon or similar type of vehicle.

Source. RSA 263:6-b. 1975, 176:1. 1979, 358:5, II. 1981, 146:1. 1985, 213:23. 1987, 404:14. 1994, 384:1, eff. June 9, 1994.

Section 266:10

    266:10 Height. –
I. No vehicle, except a vehicle transporting manufactured housing or modular buildings, whose total height including load is greater than 13 feet, 6 inches, shall be driven on the ways of this state.
II. No manufactured housing or modular building whose total height is greater than 14 feet, 6 inches, shall be transported on the ways of this state. Transport of a manufactured housing unit or modular building that exceeds a total height of 13 feet, 6 inches shall require a non-police escort, equipped in accordance with any rules established by the department of transportation under RSA 21-L:12-a.

Source. 1949, 85:1. RSA 263:66. 1981, 146:1. 2004, 182:1, eff. July 31, 2004.

Section 266:11

    266:11 Length. –
The driving on ways of this state of any vehicle or combination of vehicles whose length including load exceeds the limitations of this section is hereby prohibited:
I. For a single unit vehicle or a bus, 45 feet including front and rear bumpers.
II. For a semi-trailer in a truck-tractor, semi-trailer combination, 53 feet, except that any semi-trailer in excess of 48 feet shall not be operated if:
(a) The distance between the kingpin and the centerline of the rear axle or the midpoint of a tandem axle of the semi-trailer exceeds 41 feet;
(b) The semi-trailer is not equipped with a rear end protection device of substantial construction consisting of a continuous lateral beam extending to within 4 inches of the lateral extremities of the semi-trailer and located not more than 22 inches from the surface as measured with the semi-trailer empty and on a level surface; and
(c) Operated on highways other than any interstate or defense highway, unless such highway is designated by the commissioner. This shall not preclude movements on highways other than interstate, defense and designated highways for a distance of one mile to terminals, points of pickup and delivery, fuel, repairs, food or rest using the most direct, practical route except if the commissioner precludes such travel for specific safety reasons on individual routes. The commissioner may designate other roads or highways in the state where semi-trailers 53 feet in length or less may be operated. The commissioner may adopt rules pursuant to RSA 541-A to impose further requirements or limitations on semi-trailers of this length.
III. For a semi-trailer or full trailer being driven as part of a combination vehicle with 2 trailing units, 28 feet.
IV. For manufactured housing or modular building transport, 110 feet including the transport vehicle.

Source. 1921, 119:25. PL 103:26. 1933, 157:2. 1937, 74:1. RL 119:38. 1943, 108:1. 1945, 61:1. 1951, 89:1. RSA 263:65. 1957, 191:1. 1959, 92:1; 262:1. 1963, 189:2. 1965, 5:1. 1977, 153:1. 1979, 15:1. 1981, 146:1; 479:51. 1982, 41:18. 1983, 434:10. 1988, 66:1. 1991, 45:1. 2000, 31:1. 2004, 182:2, eff. July 31, 2004.

Section 266:11-a

    266:11-a Length Exceptions. –
I. Notwithstanding the provisions of RSA 266:11, it shall be lawful to drive on the ways of this state:
(a) A vehicle or a combination of vehicles that exceeds the length limits in RSA 266:11 if such vehicle or combination is transporting poles, logs, timbers, or metal in a case in which the load is not readily divisible and such overhang does not interfere with steering the vehicle.
(b) A conventional automobile transporter combination not in excess of 65 feet exclusive of a 3-foot front overhang and a 4-foot rear overhang.
(c) Saddlemount plus fullmount combinations not in excess of 65 feet.
(d) A stinger-steered automobile transporter combination not in excess of 75 feet exclusive of a 3-foot front and 4-foot rear overhang.
(e) An emergency fire fighting vehicle.
II. (a) The following shall be excluded from the measured length of commercial motor vehicles, as applicable:
(1) All non-property-carrying devices, or components thereof:
(A) At the front of a semi-trailer or trailer; or
(B) That do not extend more than 3 inches beyond the rear of the vehicle; or
(C) That do not extend more than 24 inches beyond the rear of the vehicle and are needed for loading or unloading.
(2) Resilient bumpers that do not extend more than 6 inches beyond the front or rear of the vehicle.
(3) Aerodynamic devices that extend a maximum of 5 feet beyond the rear of the vehicle, provided such devices have neither the strength, rigidity, nor mass to damage a vehicle, or injure a passenger in a vehicle, that strikes a trailer so equipped from the rear, and provided also that they do not obscure tail lamps, turn signals, marker lamps, identification lamps, or other required safety devices, such as hazardous materials placards or conspicuity markings.
(b) Measurements shall be made from a point on one end of a commercial motor vehicle to the same point on the opposite end of the vehicle. Non-property-carrying devices or aerodynamic devices shall not be mounted or configured in a manner that obscures the registration plate or other evidence of applicable certifications or permits required by law or regulation.

Source. 1983, 434:11. 1985, 81:1. 1989, 115:2, eff. July 7, 1989. 2016, 223:1, eff. Aug. 8, 2016.

Section 266:11-b

    266:11-b Triple Trailer Trucks Prohibited. – The driving of triple trailer trucks on the ways of this state is prohibited. For the purposes of this section, "triple trailer" trucks shall mean the combination of a truck-tractor, as defined in RSA 259:116, which is used to draw 3 trailers as the term "trailer" is defined in RSA 259:113, where the resulting vehicle fails to conform to the provisions of RSA 266:11.

Source. 1998, 18:1, eff. June 14, 1998.

Section 266:12

    266:12 Width. –
The driving on ways of this state of any vehicle whose width including load exceeds the limitations of this section is hereby prohibited:
I. A vehicle in excess of 102 inches in width.
II. A passenger type vehicle that is carrying a load which extends over the sides of the vehicle beyond the line of the fenders on the left side or extends more than 6 inches beyond the line of the fenders on the right side of the vehicle.

Source. 1921, 119:25. PL 103:26. 1933, 157:2. 1937, 74:1. RL 119:38. 1943, 108:1. 1945, 61:1. 1951, 89:1. RSA 263:65. 1957, 191:1. 1959, 92:1; 262:1. 1963, 189:2. 1965, 5:1. 1977, 153:1. 1979, 15:1. 1981, 146:1. 1983, 434:12. 1989, 48:1, eff. June 18, 1989.

Section 266:13

    266:13 Width Exceptions. – A vehicle transporting loose hay or fodder may be driven on the ways of this state when the overall width including load is greater than 102 inches, provided the excess over 102 inches is solely due to the loose hay or fodder.

Source. RSA 263:65-c. 1965, 161:1. 1981, 146:1. 1983, 434:13, eff. June 24, 1983.

Section 266:13-a

    266:13-a Snowplows; Exception. – A truck used for snow plowing may be driven on the ways of this state with a plow not exceeding 108 inches in width.

Source. 2006, 317:10, eff. Aug. 18, 2006.

Section 266:13-b

    266:13-b Appurtenances on Motor Homes, Trailer Coaches, and Recreation Vehicles. – A motor home, trailer coach, or recreation vehicle may be driven on the ways of this state when the overall width is greater than 102 inches, provided the excess over 102 inches is solely due to a non-load-carrying appurtenance that extends no more than 6 inches beyond the body of the vehicle. The term "appurtenance" does not include any item that is temporarily affixed to the exterior of the vehicle by the vehicle's owner for the purpose of transporting the item from one location to another, but does include an awning and its support hardware and other items that are intended to be an integral part of the vehicle and were installed by the motor vehicle manufacturer or dealer.

Source. 2006, 317:10, eff. Aug. 18, 2006.

Section 266:13-c

    266:13-c Exception for Vehicles Being Towed. –
I. The provisions of this subdivision shall not apply to damaged, disabled, or abandoned vehicles or combinations of vehicles being towed by a tow truck for a reasonable distance to the nearest safe haven off the highway. These provisions may be further waived for towing longer distances on a case-by-case basis by special permit.
II. For towing beyond the nearest practicable safe haven as provided in paragraph I, a special overwidth permit shall not be required if the unit, including load, complies with the following conditions:
(a) The unit shall not exceed 13 feet 6 inches in height and 102 inches in width except that where an accident or collision has caused a disfigurement of the disabled unit the width may not exceed 120 inches. Rear view mirrors may extend to a point not in excess of that which affords the driver of the tow truck a view to the rear along both sides of the vehicle.
(b) During daylight hours the disabled unit shall carry warning flags indicating its maximum width. During the hours of darkness the maximum width shall be indicated by lighted clearance lamps.
(c) The combined overall length of the tow truck and disabled, damaged, or abandoned vehicles in tow shall not exceed 150 feet. No single unit tow truck shall exceed 45 feet in overall length. No disabled unit shall exceed the maximum legal or permitted length for each such unit under this subdivision.

Source. 2010, 211:1, eff. Aug. 27, 2010.

Section 266:14

    266:14 Overall Width Defined. – Overall width shall be exclusive of rubrails, so-called, as currently used in the transportation of raw forest products, safety and energy conservation devices such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, approved mud flaps, spray and splash suppressant devices, and non-property-carrying devices or components thereof that do not extend more than 3 inches beyond each side of the vehicle, and other devices as defined by the director, and load-induced tire bulge. In determining width, there shall be excluded 6 inches of any increase in width due to changing to low pressure tire equipment from other tire equipment. Measurements of a commercial motor vehicle shall be made from a point on one side of the vehicle to the same point on the opposite side of the vehicle.

Source. RSA 263:65-d. 1973, 468:1. 1981, 146:1. 1983, 434:14, eff. June 24, 1983. 2016, 223:2, eff. Aug. 8, 2016.

Section 266:15

    266:15 Modification of Width Limits. – The commissioner of transportation is hereby empowered to modify the vehicle width limits hereinbefore provided insofar as may be necessary to insure that the state shall receive maximum highway aid.

Source. RSA 263:65-b. 1957, 38:2. 1973, 468:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:16

    266:16 Penalty for Exceeding Permitted Size. – Any person who shall drive or cause to be driven on the ways of this state a vehicle whose height, length or width is in excess of that herein prescribed shall be guilty of a violation and notwithstanding the provisions of RSA 625:9, V, shall be fined not more than $100 for a first offense nor more than $250 for a subsequent offense within a calendar year.

Source. 1921, 119:25. PL 103:28. 1939, 102:1. RL 119:40. 1949, 85:2. RSA 263:69. 1973, 529:52. 1978, 16:2. 1979, 358:5, III. 1981, 146:1, eff. Jan. 1, 1982.

Weight

Section 266:17

    266:17 Weighing of Vehicles. – The driver of every motor vehicle shall, upon request of any law enforcement officer, stop and submit to a weighing of said motor vehicle by means of either portable or stationary scales. If such scales are not available at the place where the stopping occurs, upon request of a law enforcement officer, the driver shall drive said motor vehicle to the nearest public scales provided the distance to the public scales does not exceed 10 miles.

Source. RSA 263:69-a. 1971, 126:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:18

    266:18 Weight on Interstate and Defense Highway System. –
The driving on the interstate and defense highway system of this state of any vehicle or combination of vehicles exceeding the limitations of this section is hereby prohibited.
I. Maximum tire and axle gross weights allowable:
(a) The manufacturer's load rating for the tires.
(b) When being driven with a gross weight in excess of 73,280 pounds:
(1) 20,000 pounds per axle on axles more than 8 feet apart;
(2) 17,000 pounds per axle on axles not more than 8 feet apart;
(c) When being driven with a gross weight not in excess of 73,280 pounds:
(1) 22,400 pounds per axle on 3-axle single unit vehicles and on all other vehicles with axles 10 feet or more apart, including combination vehicles;
(2) 18,000 pounds per axle on axles of vehicles less than 10 feet apart, except 3-axle single unit vehicles.
(d) Two axles less than 40 inches apart shall be considered as a single axle unit.
II. Maximum allowable vehicle gross weights:
(a) For 2-axle vehicles, 33,400 pounds.
(b) For single unit 3-axle vehicles, 47,500 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is greater, as shown in table III.
(c) For single unit 4-axle vehicles, provided that such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes:
(1) 47,500 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater; or
(2) If a heavy duty recovery vehicle, 75,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater.
(d) For a single unit 5-axle heavy duty recovery vehicle, 80,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater. Such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes.
(e) For a combination of truck-tractor and semi-trailer equipped with 3 axles, the gross weight shall not exceed that set forth in table I as follows:
Table I.
Distance Between Extreme Axles in Feet Maximum Gross Weight in Pounds
2554,500
2655,500
2756,000
2857,000
2957,500
3058,500
3159,000
3260,000
Further provided that the maximum tire and axle gross weights as provided in paragraph I shall apply and the maximum load in pounds carried on any group of 2 or more consecutive axles shall not exceed that produced by application of the weight formula as defined in subparagraph (h).
(f) For a combination of truck-tractor and semi-trailer equipped with 4 axles, the gross weight shall not exceed that set forth in table II as follows:
Table II.
Distance Between Extreme Axles in Feet Maximum Gross Weight in Pounds
2860,500
2961,500
3062,000
3162,500
3263,500
3364,000
3464,500
3565,500
3666,000
3766,500
3867,500
3968,000
Further provided that the maximum tire and axle gross weights as provided in paragraph I shall apply, and the maximum load in pounds carried on any group of 2 or more consecutive axles shall not exceed that produced by application of the weight formula as defined in subparagraph (h).
(g) For a combination of truck-tractor and single semi-trailer with 5 or more axles with gross weight not in excess of 73,280 pounds, the weight on any single axle shall not exceed 22,400 pounds and the weight on any tandem axle shall not exceed 36,000 pounds.
(h) For a combination of truck-tractor and single semi-trailer equipped with 5 or more axles with a gross weight in excess of 73,280 pounds or a combination of truck-tractor and more than one trailing unit, the total gross weight shall not exceed 80,000 pounds including all law enforcement tolerances, and the overall gross weight on a group of 2 or more consecutive axles shall not exceed that produced by application of the following formula, known as the weight formula:
W = 500
{
LN
——
N − 1
+ 12N + 36
}
(In which W equals overall gross weight on any group of 2 or more consecutive axles to the nearest 500 pounds; L equals the distance measured to the nearest foot between the extreme of any group of 2 or more consecutive axles; and N equals the number of axles in the group under consideration.) Except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more and provided that such gross weight shall not exceed 80,000 pounds, including all law enforcement tolerances.
The formula
W = 500
{
LN
——
N − 1
+ 12N + 36
}
when expressed in tabular form results in maximum allowable load in pounds carried on any group of 2 or more consecutive axles as follows in table III.
Table III.
Distance* 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 and less 34,000 34,000
more than 8 38,000 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 57,500 61,500 66,000 71,500 77,000
30 58,500 62,000 66,500 72,000 77,500
31 59,000 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,000 74,500 80,000
35 65,500 70,000 75,000
**36 66,000 70,500 75,500
**37 66,500 71,000 76,000
**38 67,500 71,500 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000

* Distance in feet between the extremes of any group of 2 or more consecutive axles.
**Distance in feet between the extremes of 4 axles. (2 sets of 2 axles) 68,000 gross weight exception. The permissible loads are computed to the nearest 500 pounds.
(i) The following loaded vehicles shall not be driven over H15-44 bridges:
(1) A combination vehicle equipped with 5 axles in the configuration of 3-axle truck-tractor and 2-axle semi-trailer with wheel base less than 38 feet or 2-axle truck-tractor with 1-axle semi-trailer and 2-axle full trailer with wheel base less than 45 feet.
(2) A loaded single unit vehicle with full trailer equipped with axles with wheel base less than 45 feet.
(3) Vehicles with 7, 8, or 9 axles.
(j) Coupled vehicles consisting of a truck together with a trailer attached to the truck by a pintle hook or similar coupling device with adequate breakaway protection as provided in RSA 266:63 may be driven, provided the total combined gross weight of the vehicles does not exceed 80,000 pounds and provided that each unit of the coupled vehicles shall be limited to the maximum permissible axle weights and gross weights of the individual units, and further provided that the weight of 2 or more consecutive axles of the coupled vehicle shall not be in excess of that produced by application of the weight formula as defined in subparagraph (h) and shall be limited to a total combined gross weight not in excess of 80,000 pounds, a single axle limit of 20,000 pounds and a tandem axle limit of 34,000 pounds.
III. Notwithstanding paragraphs I and II, for as long as exemptions exist in 23 U.S.C. section 127 that allow maximum gross weights of up to 99,000 pounds on interstate routes 89, 93, and 95 of the interstate and defense highway system, the provisions of RSA 266:18-a regarding weight on the non-interstate and general highway system shall also apply to vehicles or combination vehicles while being operated on any sections of interstate routes 89, 93, or 95 not posted by the commissioner of transportation for lower weights. Such vehicles shall not exceed the weight limits in paragraphs I and II unless they have been certified pursuant to RSA 266:18-d for the higher weights and paid the required fee the same as vehicles operating on the non-interstate highways as provided in RSA 266:18-d.

Source. 1921, 119:25. PL 103:22. 1927, 77:1. 1929, 33:1. 1933, 157:1. 1935, 133:1. 1937, 82:1. 1939, 131:1. 1941, 169:1. RL 119:37. 1947, 11:1. 1949, 104:1. 1950, 11:1, 2. 1951, 20:11. RSA 263:61. 1955, 230:1; 310:2. 1963, 189:1, 3; 202:1. 1973, 468:2. 1977, 487:1, 2. 1979, 219:1; 220:2; 239:1; 358:12. 1981, 55:1; 146:1. 1983, 434:15. 1986, 121:2. 1987, 404:20. 2005, 203:9, eff. July 1, 2005. 2018, 74:2, eff. July 24, 2018.

Section 266:18-a

    266:18-a Weight on Non-Interstate and General Highway System. –
The driving on ways of this state, other than on the interstate and defense highway system as provided by RSA 266:18, of any vehicle or combination of vehicles exceeding the limitations of this section is hereby prohibited; provided, however, that any police officer shall allow on any way other than the interstate and defense highway system a tolerance of 5 percent above said limitations.
I. Maximum tire and axle gross weights allowable:
(a) The manufacturer's load rating for the tires.
(b) Two axles less than 40 inches apart shall be considered as a single axle unit.
(c) When being driven on any way other than the interstate and defense highway system with a gross weight not in excess of 73,280 pounds:
(1) 22,400 pounds per axle on 3-axle single unit vehicles and on all other vehicles with axles 10 feet or more apart, including combination vehicles;
(2) 18,000 pounds per axle on axles of vehicles less than 10 feet apart, except 3-axle single unit vehicles.
II. Maximum allowable vehicle gross weight:
(a) For 2-axle vehicles, 33,400 pounds.
(b) For single unit 3-axle vehicles, 55,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is greater, as shown in table III in subparagraph (h).
(c) For single unit 4-axle vehicles, provided that such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes:
(1) 60,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater; or
(2) If a heavy duty recovery vehicle, 80,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater.
(d) For a single unit 5-axle heavy duty recovery vehicle, 84,000 pounds, or a gross weight not in excess of that produced by application of the weight formula as defined in subparagraph (h), whichever is the greater. Such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes.
(e) For a combination of truck-tractor and semi-trailer equipped with 3 axles, the gross weight shall not exceed that set forth in table I as follows:
Table I.
Distance Between Extreme Axles in Feet Maximum Gross Weight in Pounds
2554,500
2655,500
2756,000
2857,000
2957,500
3058,500
3159,000
3260,000
Further provided that the maximum tire and axle gross weights as provided in paragraph I shall apply, and the maximum load in pounds carried on any group of 2 or more consecutive axles shall not exceed that produced by application of the weight formula as defined in subparagraph (h).
(f) For a combination of truck-tractor and semi-trailer equipped with 4 axles, the gross weight shall not exceed that set forth in table II as follows:
Table II.
Distance Between Extreme Axles in Feet Maximum Gross Weight in Pounds
2860,500
2961,500
3062,000
3162,500
3263,500
3364,000
3464,500
3565,500
3666,000
3766,500
3867,500
3968,000
Further provided that the maximum tire and axle gross weights as provided in paragraph I shall apply, and the maximum load in pounds carried on any group of 2 or more consecutive axles shall not exceed that produced by application of the weight formula as defined in subparagraph (h).
(g) For a combination of truck-tractor and single semi-trailer with 5 or more axles with gross weight not in excess of 73,280 pounds, the weight on any single axle shall not exceed 22,400 pounds and the weight on any tandem axle shall not exceed 36,000 pounds.
(h) For a combination of truck-tractor and single semi-trailer equipped with 5 or more axles with a gross weight in excess of 73,280 pounds or a combination of truck-tractor and more than one trailing unit, the total gross weight shall not exceed 80,000 pounds including all law enforcement tolerances, and the overall gross weight on a group of 2 or more consecutive axles shall not exceed that produced by application of the following formula, known as the weight formula.
W = 500
{
LN
——
N − 1
+ 12N + 36
}
(In which W equals overall gross weight on any group of 2 or more consecutive axles to the nearest 500 pounds; L equals the distance measured to the nearest foot between the extreme of any group of 2 or more consecutive axles; and N equals the number of axles in the group under consideration.) Except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more and provided that such gross weight shall not exceed 80,000 pounds, including all law enforcement tolerances.
The formula
W = 500
{
LN
——
N − 1
+ 12N + 36
}
when expressed in tabular form results in maximum allowable load in pounds carried on any group of 2 or more consecutive axles as follows in table III.
Table III.
Distance* 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 and less 34,000 34,000
more than 8 38,000 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 57,500 61,500 66,000 71,500 77,000
30 58,500 62,000 66,500 72,000 77,500
31 59,000 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,000 74,500 80,000
35 65,500 70,000 75,000
**36 66,000 70,500 75,500
**37 66,500 71,000 76,000
**38 67,500 71,500 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000

* Distance in feet between the extremes of any group of 2 or more consecutive axles.
**Distance in feet between the extremes of 4 axles. (2 sets of 2 axles) 68,000 gross weight exception. The permissible loads are computed to the nearest 500 pounds.
(i) The following loaded vehicles shall not be driven over H15-44 bridges:
(1) A combination vehicle equipped with 5 axles in the configuration of 3-axle truck-tractor and 2-axle semi-trailer with wheel base less than 38 feet or 2-axle truck-tractor with 1-axle semi-trailer and 2-axle full trailer with wheel base less than 45 feet.
(2) A loaded single unit vehicle with full trailer equipped with axles with wheel base less than 45 feet.
(3) Vehicles with 7, 8, or 9 axles.
(j) Coupled vehicles consisting of a truck together with a trailer attached to the truck by a pintle hook or similar coupling device with adequate breakaway protection as provided in RSA 266:63 may be driven, provided the total combined gross weight of the vehicles does not exceed 80,000 pounds and provided that each unit of the coupled vehicles shall be limited to the maximum permissible axle weights and gross weights of the individual units, and further provided that the weight of 2 or more consecutive axles of the coupled vehicle shall not be in excess of that produced by application of the weight formula as defined in subparagraph (h) and shall be limited to a total combined gross weight not in excess of 80,000 pounds, a single axle limit of 20,000 pounds and a tandem axle limit of 34,000 pounds.

Source. 1983, 434:16. 1986, 121:3; 136:7. 1987, 404:21. 2008, 39:1, eff. July 11, 2008. 2018, 74:3, eff. July 24, 2018.

Section 266:18-b

    266:18-b Weight on Non-Interstate and General Highway System for Vehicles With Additional Registration. –
The provisions of this section shall only apply to vehicles or combinations of vehicles which have been certified pursuant to RSA 266:18-d and shall only apply to the driving of such vehicles on any way other than the interstate and defense highway system. The driving of any such vehicle exceeding the limitations of this section is hereby prohibited; provided, however, that any police officer shall allow on any way other than the interstate and defense highway system a tolerance of 5 percent above said limitations and 10 percent above said limitations on the axle weights.
I. The maximum gross weights allowable for tires shall be the manufacturer's load rating for the tire.
II. Maximum axle weights allowable:
(a) 22,400 pounds per axle on 3-axle single unit vehicles and 20,000 pounds per axle on 4-axle single unit vehicles and 22,400 pounds on all other vehicles with axles 10 feet or more apart, including combination vehicles.
(b) 18,000 pounds per axle on axles of vehicles less than 10 feet apart, except 3-axle single unit vehicles and 4-axle single unit vehicles.
(c) Two axles less than 40 inches apart shall be considered as a single axle unit.
(d) The distribution of loads shall be further controlled as:
(1) No single axle of a tandem unit shall support more than 60 percent of the total weight supported by the tandem unit. It shall not be considered a violation if neither axle of a tandem unit exceeds the weight legally allowed on a single axle unit for the same vehicle.
(2) No single axle of a tri-axle unit shall support more than 40 percent of the total weight supported by the tri-axle unit.
(3) The allowable gross weight of a vehicle shall not be increased by the addition of a trailing axle, so called, unless the trailing axle supports at least 50 percent of the added weight permitted by the addition of that trailing axle.
III. Maximum allowable vehicle gross weights:
(a) For 2-axle vehicles, 37,400 pounds.
(b) For single unit 3-axle vehicles, 65,000 pounds.
(c) For single unit 4-axle vehicles, provided that such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes:
(1) 73,000 pounds; or
(2) If a heavy duty recovery vehicle, 84,000 pounds.
(d) For a single unit 5-axle heavy duty recovery vehicle, 99,000 pounds, provided that such vehicles shall have drive on 2 rear axles, and the tridem may contain not more than one retractable axle and, if not factory installed and load equalizing, must provide a system of load equalization by hydraulic, pneumatic, or mechanical means, and be equipped with brakes.
(e) For a combination of truck-tractor and semi-trailer equipped with 3 axles, the gross weight shall not exceed that set forth in table I as follows:
Table I.
Distance Between Maximum Gross Weight
Extreme Axles in Feet in Pounds
25 54,500
26 55,500
27 56,000
28 57,000
29 57,500
30 58,500
31 59,000
32 60,000
Further provided that the maximum tire and axle gross weights as provided in paragraph I shall apply, and the maximum load in pounds carried on any axle shall not exceed that provided in paragraph II.
(f) For a combination of truck-tractor and semi-trailer equipped with 4 axles or more, the gross weight shall not exceed that set forth in the following table:
Distance* Total Axles Gross Wt.
8 4 or more 59,000
9 60,000
10 61,000
11 62,000
12 63,000
13 64,000
14 65,000
15 66,000
16 67,000
17 68,000
18 69,000
19 5 or more 70,000
20 72,000
21 74,000
22 76,000
23 78,000
24 80,000
25 80,000
26 80,000
27 80,000
28 82,000
29 84,000
30 6 or more 86,000
31 88,000
32 90,000
33 92,500
34 95,000
35 97,500
36 99,000
* The distance in feet noted is that between extreme axles, excluding the steering axle.
Further provided that the maximum tire and axle gross weights as provided in paragraphs I and II shall apply.
(g) For a combination of truck-tractor and single semi-trailer with 4 or more axles, the weight on any single axle shall not exceed 22,400 pounds and the weight on any tandem axle shall not exceed 36,000 pounds, and the weight of any tri-axle shall not exceed 54,000 pounds. For a combination of truck-tractor and single semi-trailer with 4 or more axles that is carrying raw forestry products, the weight on any tandem axle shall not exceed 40,000 pounds. For purposes of this subparagraph, "raw forestry products" means unprocessed logs and wood chips harvested from forestland, as defined in RSA 227-G:2, VIII, that have not previously been moved off site.
(h) For a combination of truck-tractor and one or more trailing units being driven upon any way of this state, the total gross weight shall not exceed 99,000 pounds.
(i) The commissioner of transportation may restrict at his or her discretion the crossing of certain bridges or other structures, which he or she determines to have insufficient strength to safely carry multiple legal loads, by limiting vehicles to a caution crossing, whereby the bridge is restricted to one vehicle certified under RSA 266:18-d exceeding 37,400 pounds on the bridge at any one time. When multiple vehicles of more than 2 axles are located on the designated bridge, all loaded certified vehicles shall be required to stop and wait until other traffic passes before crossing the bridge. A bridge so restricted shall be posted according to RSA 266:18-c.
(j) The following loaded vehicles shall not be driven over H15-44 bridges unless so authorized by the commissioner of transportation:
(1) A combination vehicle equipped with 5 axles in the configuration of 3-axle truck-tractor and 2-axle semi-trailer with wheel base less than 38 feet or 2-axle truck-tractor with one-axle semi-trailer and 2-axle full trailer with wheel base less than 45 feet.
(2) A loaded single unit vehicle with full trailer equipped with 6 axles with wheel base less than 45 feet.
(3) Vehicles with 7, 8, or 9 axles.
(k) Coupled vehicles consisting of a truck together with a trailer attached to the truck by a pintle hook or similar coupling device with adequate breakaway protection as provided in RSA 266:63 may be driven, provided the total combined gross weight of the vehicles does not exceed 99,000 pounds and provided that each unit of the coupled vehicles shall be limited to the maximum permissible axle weights and gross weights of the individual units, and further provided that the weight of 2 or more consecutive axles of the coupled vehicle shall not be in excess of that produced by application of the weight formula as defined in RSA 266:18-b, III(f) and shall be limited to a total combined gross weight not in excess of 99,000 pounds, a single axle limit of 22,400 pounds, a tandem axle limit of 36,000 pounds, and a tri-axle limit of 54,000 pounds.
(l) For a combination of truck-tractor and dump trailer equipped with 6 axles or more, the gross weight shall not exceed 99,000 pounds if the distance between the extreme axles, excluding the steering axle, is 28 feet or more. If the distance between the extreme axles is less than 28 feet, the maximum weight shall be determined under subparagraph (f).

Source. 1986, 121:3. 1987, 404:22, eff. July 25, 1987. 2016, 193:1, eff. June 30, 2016. 2018, 74:4, eff. July 24, 2018. 2021, 204:2, Pt. VII, Sec. 1, eff. Oct. 9, 2021.

Section 266:18-c

    266:18-c General Weight Provisions. –
The following provisions shall apply to any vehicle covered by RSA 266:18, 18-a, or 18-b, regardless of the type of way or highway on which it is driven, except as otherwise specified:
I. A vehicle or combination of vehicles equipped with any solid rubber tires shall not have weights more than 80 percent of those permitted; provided that no vehicle equipped with solid rubber tires which has at any point less than one inch of rubber above the top or beyond the flange or rim shall be driven upon any way.
II. Motor vehicles or vehicles drawn by motor vehicles when equipped with metal or other hard tires shall not have weights more than 40 percent of those permitted.
III. The provisions of RSA 266:18, 18-a, and 18-b shall not apply to vehicles used exclusively in the surfacing of ways of the state of New Hampshire, or subdivisions thereof; provided that the commodities of tar, asphalt, or the combination thereof shall not exceed 2,000 gallons on any 2-axle vehicle, or 4,000 gallons on any 3-axle vehicle.
IV. A vehicle or combination of vehicles shall not be driven or moved over any bridge or other structure on any way if the weight of such vehicle, or combination of vehicles and load, is greater than the capacity of the structure as shown by a sign on the right side of or overhead on the structure.
V. It shall be the duty of the commissioner of transportation to cause signs to be erected at both ends on the right side of or overhead on all bridges or other structures under his jurisdiction stating the capacity in tons of 2,000 pounds which the bridge or other structure will safely carry. As an alternative to posting signs with stated weight limits, the commissioner of transportation may, at his discretion, post standardized warning signs designating certain restricted bridges as caution crossing bridges, or as excluded bridges, and publish a list which designates all such bridges so conditioned at least annually. For all other bridges or other structures it shall be the duty of the authority having jurisdiction to place similar signs. The signing message for posting of weight limits for bridges and structures shall read as follows:
WEIGHT
LIMIT
X
TONS

If the authority determines that a bridge or other structure may safely carry loads greater than this limit by vehicles with 3 or more axles, the signs shall read as follows:
GROSS WEIGHT LIMIT
X TONS OR
Y% OF LEGAL LOADS

"X" is the numerical value that equals the posted maximum legal gross weight limit for a 2-axle vehicle. "Y%" is the numerical value expressed as a percentage of the maximum legal gross weight limit of any single axle or tandem axle, and the combined gross weight limit of any 3-axle truck or any combination as noted in this section. Where no special permit loads are allowed, the signing message for posting shall read as follows:
NO PERMIT LOAD
LEGAL LOADS MAXIMUM

Upon bridges or other structures of sufficient strength to carry safely the legal loads permissible by this section, no such signs shall be required.
VI. A determination of the gross weight of vehicles under the tables as set forth in RSA 266:18, 18-a, and 18-b shall, in cases in which the distance between extreme axles is not in exact number of feet, be governed by the following: if the distance is 6 inches or less in excess of the number of feet stated in the table, the gross weight shall be based upon the number of feet stated in the table; if the distance is more than 6 inches in excess of the number of feet in the table, the gross weight shall be based upon the next higher number of feet.
VII. Any vehicle subject to this subdivision that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 550 pounds in gross, axle, tandem, or bridge formula weight limits. To be eligible for this exception the driver of the vehicle must be able to prove by written certification the weight of the auxiliary power unit and by demonstration or certification that the idle reduction technology is fully functional at all times. Certification of the weight of the auxiliary power unit must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed may not exceed 550 pounds or the weight certified, whichever is less.

Source. 1986, 121:3. 2011, 9:1. 2013, 138:1, eff. June 27, 2013.

Section 266:18-d

    266:18-d Additional Certification and Registration. –
I. No vehicle shall be driven on any 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 of the department of safety. The certification shall be in addition to any other requirements provided by law. Any vehicle so certified may be driven on any way other than the interstate or defense highway system in accordance with the limits established by RSA 266:18-b.
II. The commissioner shall issue said certificate upon receiving proper application. The application shall be accompanied by an additional fee of $105 and the certification shall be in effect for a period of one year. The certification shall expire upon the sale or transfer of the vehicle. The certification shall cover a power unit and not more than one trailer.
III. Vehicles so certified include the power unit and trailer. The vehicle shall be certified upon submission to the department of documentation satisfactory to the department from the manufacturer attesting that the vehicle is capable of safely carrying the additional weight. Such attestation shall be required upon the first application for certification and a new attestation shall be required at any time when the configuration of the vehicle relative to power unit, axles, springs, or other safety items that could affect the vehicle's ability to qualify for an excess weight certification is altered. Such attestation shall designate the maximum safe gross weight for the vehicles as determined by the components and the summation of the manufacturer's axle design limits for each axle of the vehicle. The power unit and trailer shall be required at all times to have a current inspection sticker or decal from an official inspection station.
IV. A vehicle so certified shall be considered to have reciprocity with other states granting New Hampshire similar reciprocity for the full weight limit designated in RSA 266:18-b or the weight limit for which the vehicle is registered, whichever is less.
V. Upon certification a vehicle shall be eligible for an additional registration authorizing the driving of the vehicle in accordance with the weight limits established in RSA 266:18-b. The fee for such additional registration shall be determined in accordance with the vehicle registration fee provided by law and shall be in addition to the certification fee contained in paragraph II.
V-a. Out-of-state carriers operating under apportioned registration and requesting to carry additional weight shall comply with the requirements of this section and shall be registered for the additional weight they are certified to carry in order to be eligible for certification.
V-b. If a vehicle is declared out of service for a safety violation or is issued a citation for an axle distance violation, the certification shall be inoperative until the condition has been rectified.
VI. The commissioner or his designee may revoke or suspend any additional registration granted pursuant to paragraph V of any vehicle or vehicles which are being driven in violation of the limits established by RSA 266:18-b or any other provision of law as evidenced by a record of such violations. The commissioner shall adopt rules pursuant to RSA 541-A pertaining to the procedures for such revocation or suspension and the application, certification, and inspection process for additional truck weights, as well as procedures to become certified as a vehicle inspector for additional weights.

Source. 1986, 121:3. 2004, 56:1. 2009, 28:1, 2. 2012, 171:13, eff. Aug. 10, 2012.

Section 266:18-e

    266:18-e Enforcement Expenditures. – Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this chapter, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose.

Source. 1986, 121:3, eff. Jan. 1, 1987.

Section 266:18-f

    266:18-f Assembly or Disassembly of Double Trailers. – The commissioner of transportation, by rule adopted pursuant to RSA 541-A, shall have the authority to prohibit and to approve suitable locations for the assembly and disassembly of truck-tractor, semi-trailer, or full trailer combinations, and these rules shall have the force of law. No truck-tractor, semi-trailer, or full trailer combination shall be assembled or disassembled on the roadway or shoulder of any way, nor within a state or municipally owned right of way, nor at state operated rest areas, weigh stations or car pool parking lots, nor at any other location prohibited by the commissioner of transportation. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.

Source. 1986, 121:3, eff. Jan. 1, 1987.

Section 266:19

    266:19 Repealed by 1983, 434:17, eff. June 24, 1983. –

Section 266:19-a

    266:19-a Weight Exception. – Any type of emergency fire fighting vehicle shall be exempted from the weight limitations imposed under RSA 266:18.

Source. 1985, 81:2, eff. July 9, 1985.

Section 266:20

    266:20 Exception for Construction Equipment. – The provisions of RSA 266:18 shall not prohibit the driving of construction equipment and motor vehicles used in the construction or maintenance of highways, provided that such equipment is used within a highway construction zone or extensions thereof as prescribed by the commissioner of the department of transportation. The provisions of this section shall apply equally to all vehicles used for transporting distributable loads of construction materials within such zones.

Source. 1949, 104:2, par. 37-a. 1951, 146:1. RSA 263:62. 1981, 146:1. 1985, 319:2. 1986, 136:1. 2006, 317:5, eff. Aug. 18, 2006.

Section 266:21

    266:21 Exception for Winter Highway Maintenance. – Any construction equipment and motor vehicles used for the winter maintenance of ways that are owned, leased, or rented by the state or any political subdivision of the state are exempt from the limitations in RSA 266:18, RSA 266:11, and RSA 266:12.

Source. RSA 263:62-a. 1977, 400:1. 1981, 146:1. 2006, 317:6, eff. Aug. 18, 2006.

Section 266:21-a

    266:21-a Exception for Vehicles Being Towed. – The provisions regarding maximum weight shall not apply to damaged, disabled, or abandoned vehicles being towed by a tow truck for a reasonable distance to the nearest safe haven off the highway, where the weight of each such individual unit does not exceed the maximum legal or permitted weight for the unit under this subdivision. The weight provisions of this subdivision may be further waived for vehicles being towed on a case-by-case basis by special overweight permit.

Source. 2010, 211:2, eff. Aug. 27, 2010.

Section 266:22

    266:22 Permit Fees. –
Before any special permit authorized by RSA 266:24 is issued, the commissioner of transportation shall collect fees as follows:
I. Each permit for either over-length, over-width or over-height or any combination thereof, $6;
II. Each permit for vehicle and load over-weight, fee based on the following schedule: vehicle and load over registered weight but not exceeding 50,000 pounds, $5.50; 50,001 pounds to 60,000 pounds, $6.50; 60,001 pounds to 70,000 pounds, $7.50; 70,001 pounds to 80,000 pounds, $8.50; 80,001 pounds to 90,000 pounds, $9.50; 90,001 pounds to 100,000 pounds, $10.50; and for each additional 10,000 pounds $2 shall be added to the above rate;
III. Provided a special permit may be issued to a person to cover all types of moves made within a radius of 100 miles from the person's home location for a fee of $60 for each unit. Permits issued under the provisions of this paragraph may be issued for such time as the commissioner of transportation may determine;
IV. Provided further that a special annual permit may be issued to a person to cover all types of moves for a fee of $115 for each unit. Each permit issued under the provisions of this paragraph shall be issued for one year;
V. The provisions of this section shall not apply to any special permit authorized by RSA 266:24 issued for farm equipment.
VI. There is hereby established an over-length, over-width, over-height, and over-weight revolving fund from revenue received under this section. All revenue received by the department of transportation for permit fees shall be credited to the fund and are hereby appropriated to the department of transportation. Funds shall be nonlapsing and continually appropriated for the operation and administration of the permit section at the department.

Source. 1949, 285:1. RSA 263:64. 1971, 345:1. 1972, 55:2. 1979, 220:1. 1981, 146:1. 2006, 231:1, eff. July 1, 2006. 2023, 79:99, eff. July 1, 2023.

Section 266:23

    266:23 Modification of Weight Limits. – The commissioner of transportation is hereby empowered to modify the vehicle weight limits hereinbefore provided insofar as may be necessary to insure that the state shall receive maximum federal highway aid.

Source. RSA 263:65-b. 1957, 38:2. 1973, 468:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:24

    266:24 Special Permits. –
I. Any person wishing to move objects having a weight, width, height, or length greater than prescribed by this chapter, or wishing to move vehicle and load of which the weight, width, height, or length cannot be so distributed that it will meet the requirements of this chapter, may apply to the commissioner of transportation for a permit to move said object or said vehicle and load upon a way. The commissioner of transportation, with the approval of the director, may grant a permit for the moving of said object or vehicle and load upon a specified way and at a specified time if, in his opinion, it will not be detrimental to the preservation of the said way and the public use thereof. Provided, that the applicant, if required by said commissioner and director, shall file a bond to cover any possible damage to the ways or to the bridges over which the object or vehicle and load to be moved may pass and shall fulfill such rules as may be prescribed by said commissioner of transportation and director; and further provided that the commissioner of transportation or the director of the division may require a hearing before granting said permit. This section shall not be construed to limit the powers of the commissioner of transportation, selectmen of towns and city council of cities to make rules for the protection and to prevent the abuse of ways and bridges as provided by RSA 236:1, RSA 47:17 and RSA 41:11. Any person who violates the conditions of any permit issued pursuant to this section shall be guilty of a violation.
II. Implements of husbandry shall be exempt from the provisions of paragraph I.
III. The commissioner of transportation shall not grant a permit for the transport of manufactured housing or modular buildings that exceeds the limits established in RSA 266:10, II or RSA 266:11, IV.

Source. 1949, 104:2, par. 37-b. RSA 263:63. 1981, 146:1. 1987, 404:4. 1989, 305:17. 2004, 182:3, eff. July 31, 2004.

Section 266:24-a

    266:24-a Truck Axle Length; Waiver. – Notwithstanding any other provision of this subdivision, the commissioner of safety shall have authority to waive the maximum lengths between axles of trucks provided for under this subdivision when the commissioner finds that such waiver will not adversely affect the safety of the users of the state's interstate, defense, non-interstate, and general highway system.

Source. 1987, 404:27, eff. July 25, 1987.

Section 266:24-b

    266:24-b Regional Truck Permit Agreement Authorized. –
I. The commissioner of transportation is hereby authorized to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a multi-jurisdictional regional truck permit compact, to be known as the New England truck permit agreement, for oversize non-divisible interstate loads.
II. The purposes of said agreement are to:
(a) Promote and encourage the fullest and most efficient use of the highway system by making uniform among member jurisdictions the administration of overdimensional and overweight permits for non-divisible loads with respect to motor vehicles in interstate operation;
(b) Enable participating jurisdictions to act cooperatively in the issuance of overdimensional and overweight permits and in the collection of appropriate fees; and
(c) Establish and maintain the concept of one administering jurisdiction for each permittee based on the rules established under the agreement.
III. The commissioner of transportation may adopt, pursuant to RSA 541-A, such rules as are necessary to enforce the terms of this agreement, which shall have the effect of law, and which shall provide for each of the member states to collect permit fees and perform audits on behalf of the other member states.

Source. 1988, 245:12, eff. June 29, 1988.

Section 266:24-c

    266:24-c Manufactured Housing and Modular Buildings; State Liability Limited. – The state shall not be liable for damage caused by negligent conduct of the person transporting manufactured housing or modular buildings as authorized under this chapter.

Source. 2004, 182:5, eff. July 31, 2004.

Section 266:25

    266:25 Penalty for Overload. –
I. Except as provided in paragraph II, any person who shall drive or cause to be driven on the ways of this state a vehicle whose weight is in excess of that prescribed in this subdivision shall be guilty of a violation, and notwithstanding the provisions of RSA 625:9, V, shall be fined $100 plus penalty assessment for a first offense and $250 plus penalty assessment for a subsequent offense within a 12-month period.
II. Any person who shall drive or cause to be driven on the ways of this state a vehicle whose weight is in excess of that prescribed in RSA 266:18-a, or RSA 266:18-b shall be fined $100 or $.02 for each pound in excess of the prescribed weight, whichever is the greater, for a first offense; $250 or $.02 per pound in excess of the prescribed weight, whichever is greater, for a second offense; for a third and subsequent offense of the same vehicle in violation of this section, $250 or $.02 per pound in excess of the prescribed weight, whichever is greater, up to an excess of 15,000 pounds; when the excess is more than 15,000 pounds and less than 30,000 pounds, $.03 per pound; and when the excess is more than 30,000 pounds, $.04 per pound. The fines in this paragraph shall be plus penalty assessment.
III. Any person who shall drive or cause to be driven on any interstate and defense highway of this state a vehicle whose weight is in excess of that prescribed in RSA 266:18 shall be subject to the fine in paragraph I.
IV. Any person who shall drive or cause to be driven on a bridge of this state a vehicle whose weight is in excess of the posted or annually published caution crossing limit for that particular bridge shall be fined $200 plus penalty assessment.
V. Any person who shall drive or cause to be driven on a bridge of this state a vehicle whose weight exceeds the limit of an excluded bridge (or bridge posted for no trucks) may be fined $400 plus penalty assessment.
VI. All fines and certification fees collected pursuant to this section, RSA 260:42, RSA 260:52, RSA 260:55, RSA 265:118, RSA 266:16, RSA 266:26, RSA 266:59-c, and RSA 266:63 through 266:72-a shall accrue to the highway fund.

Source. 1921, 119:25. PL 103:28. 1939, 102:1. RL 119:40. 1949, 85:2. RSA 263:69. 1973, 529:52. 1978, 16:2. 1979, 358:5, III. 1981, 146:1. 1986, 121:4. 1998, 207:4, eff. June 18, 1998. 2015, 202:11, eff. Jan. 1, 2016.

Section 266:26

    266:26 Penalty for Exceeding Registered Weight. – Any person who shall drive on the ways of this state a vehicle whose weight, including load, shall exceed by more than 20 percent the total weight under which it was registered shall be guilty of a violation.

Source. 1921, 119:25. PL 102:7. RL 118:8. RSA 262:10. 1973, 529:46. 1978, 16:1. 1981, 146:1, eff. Jan. 1, 1982.

Brakes

Section 266:27

    266:27 Brakes Required. – Every motor vehicle driven upon the ways of this state shall be provided with adequate brakes in good working order and sufficient to control such vehicle at all times.

Source. 1905, 86:7. 1911, 133:7. 1913, 81:3. 1917, 229:6. 1921, 119:6. PL 103:4. RL 119:4. RSA 263:5. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:27-a

    266:27-a Parking Brakes Required. – Every motor vehicle and combination of vehicles except motorcycles, farm tractors and mopeds, shall have a parking brake system adequate to hold the vehicle or combination of vehicles on any grade on which it is driven under all conditions of loading on a surface free from snow, ice or loose material, and which shall comply with performance standards issued by the director by rule adopted pursuant to RSA 260:5.

Source. 1981, 479:52, eff. Jan. 1, 1982 at 12:01 a.m.

Section 266:27-b

    266:27-b Notification of Brake Shift Interlock and Key Position by Automobile Dealers. –
I. All motor vehicle dealers shall post the following notice in a prominent location at their place of business:
Important Safety Factors Regarding Automatic Transmissions and Key Positions
1. Most newer model motor vehicles with automatic transmissions are engineered with a "brake shift interlock" system as a safety mechanism, which prevents movement from the "park" position unless the service brake is applied.
2. Some vehicles are engineered whereby the vehicle may be shifted from "park" to "neutral" in a "key" position before the engine has been started without applying the service brake, which may cause the vehicle to roll. Your vehicle may not contain roll prevention safety in all key positions.
3. Consumers should become familiar with the specific characteristics of their vehicles in all "key" positions.
4. It is strongly recommended that the "parking" brake be engaged when the vehicle is parked on a grade.
II. Nothing in this section imposes any liability on a motor vehicle dealer or creates a cause of action by a consumer against a dealer.

Source. 2006, 201:1, eff. Jan. 1, 2007.

Section 266:28

    266:28 Brake Performance. – Every motor vehicle and every combination of motor vehicle with trailer or semi-trailer when driven upon the ways of the state shall at a speed of 20 miles per hour be capable, at all times and under all conditions of loading, of stopping on a dry, smooth, approximately level pavement free from loose material, upon application of the foot or service brake, within a distance of 30 feet.

Source. 1949, 81:1. RSA 263:6. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:29

    266:29 Hydraulic Brake Fluid. –
I. Hydraulic brake fluid shall be distributed and hydraulic brake systems shall be serviced with due regard to the safety of the occupants of the vehicle and the public and in accordance with provisions of this section.
II. No person shall distribute, have for sale, offer for sale, sell or service any vehicle with any hydraulic brake fluid unless it complies with the requirements of FMVSS.
III. Any person violating any provision of this section shall be guilty of a misdemeanor.

Source. RSA 263:6-a. 1961, 151:1. 1973, 529:51. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:30

    266:30 Trailer Brakes. –
I. No motor vehicle trailer or semi-trailer shall be driven on the ways of this state unless equipped with adequate brakes in good working order and sufficient to control the said vehicle at all times. No house trailer weighing in excess of 1,500 pounds shall be driven on the ways of this state unless so equipped.
II. This section shall not apply to:
(a) A motor vehicle trailer or semi-trailer with a gross weight of less than 3,000 pounds if the axle weight of the towed vehicle does not exceed 40 percent of the sum of the rated axle weights of the towing vehicle.
(b) Wood-sawing machines, log splitters, cement mixers, compressors, tar kettles, conveyors, devices of 2 wheels used by public utilities for the transportation of cables or poles not exceeding 6 in number, road rollers and sweepers, thawing devices, or refreshment booths on wheels towed not more than 2 miles at any one time, only if being driven in intrastate commerce on the ways of New Hampshire.

Source. 1937, 81:1; 194:1. 1939, 123:1. RL 119:5. RSA 263:7. 1979, 59:1. 1981, 146:1. 2011, 183:1, eff. Jan. 1, 2012.

Lights, Signals, Flashers, Reflectors and Flags

Section 266:31

    266:31 Front Lights. – Every motor vehicle driven during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and whenever rain, snow, or fog shall interfere with the proper view of the road so that persons and vehicles on the way are not clearly discernible at a distance of 1000 feet ahead, shall display at least 2 lighted lamps on the front; provided, however, that one suitable lighted lamp on the front of a motorcycle shall be sufficient. The headlamp shall throw sufficient light ahead within the traveled portion of the way to make clearly visible all vehicles, persons, or substantial objects within a distance of 200 feet, except that the headlamps of motorcycles shall be sufficient if they make clearly visible objects within a distance of 150 feet. No headlamp shall be used unless it is approved by the director and is equipped with a proper lens or other device designed to prevent glaring rays. All headlamps on every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground on an unladen vehicle. The measurement shall be made from the ground to the center of the lens. No device which obstructs, reflects, or alters the beam of such headlamp shall be used in connection therewith unless approved by the director. Every lens or other device to prevent glaring rays, the use of which on motor vehicles has been approved by the director, shall be arranged, adjusted, and operated in accordance with the requirements of the certificate approving the use thereof. Every lamp, bulb, or light used in any headlamp shall be of such candle power as may be specified for the approved device in the certificate approving the use thereof. Every reflector which is used as a part of such headlamp shall have a reflecting surface approved by the director after satisfactory tests have been made, and every reflecting surface shall be free from dents, rust and other imperfections. The driver of every motor vehicle shall permit any properly authorized person to inspect the headlighting equipment of such motor vehicle and to make such tests as he or she may deem necessary to determine whether the provisions of this section are being complied with. Any headlamp color approved by the director for motor vehicles shall be considered approved for motorcycles.

Source. 1905, 86:7. 1911, 133:7. 1913, 81:3. 1915, 129:6. 1917, 229:6. 1921, 119:6. PL 103:5. 1933, 105:1. 1935, 116:1. RL 119:7. RSA 263:10. 1979, 203:1. 1981, 146:1, eff. Jan. 1, 1982. 2017, 104:1, eff. Aug. 7, 2017.

Section 266:31-a

    266:31-a Multiple Beam Lighting Equipment. – All motor vehicles shall be equipped with multiple beam headlighting equipment, except that headlamp systems which provide only a single distribution of light shall be permitted on all farm tractors regardless of date of manufacture and on antique motor vehicles which were not originally equipped with multiple beam road lighting equipment.

Source. 1981, 479:53, eff. Jan. 1, 1982 at 12:01 a.m.

Section 266:32

    266:32 Repealed by 2018, 44:1, eff. July 14, 2018. –

Section 266:33

    266:33 Antique Vehicles Exemption. – Notwithstanding the provisions of RSA 266:44, the tail lamps on antique motor vehicles, farm tractors, or motorcycles as defined in RSA 259:4 shall be deemed adequate if they display a red light visible for a distance of 100 feet to the rear of such vehicle, and the tail lamp or lamps on such vehicles may be located at a height of more than 72 inches from the ground, provided they were so located at the time of original manufacture of the vehicle.

Source. RSA 263:13-a. 1979, 203:2. 1981, 146:1, eff. Jan. 1, 1982. 2022, 27:5, eff. June 17, 2022.

Section 266:34

    266:34 Trailers Exemption. – Notwithstanding the provisions of RSA 266:44, the tail lamps and reflectors on trailers may be located at a height of less than 20 inches from the ground, measured from the ground to the center of the vehicle, provided they are placed in such manner as to indicate the extreme width of the vehicle and load, and the visibility of reflectors is not impaired at any time and they reflect rays of light thrown upon such reflectors.

Source. RSA 263:13-b. 1979, 203:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:35

    266:35 Tractor Lamps. – Every tractor driven on the ways of this state at night shall display at least 2 lighted lamps on the front. No such headlamp shall be used unless it is approved by the director.

Source. 1947, 88:1. RSA 263:11. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:36

    266:36 Lighting Required. – No motor vehicle shall be used to tow another upon the ways between 1/2 hour after sundown and 1/2 hour before sunrise unless the vehicle being towed shall display at least one lighted tail lamp or auxiliary rear light to the extreme left of the rear axle.

Source. RSA 263:92. 1967, 232:1. 1981, 146:1. 1987, 404:10, eff. July 25, 1987.

Section 266:37

    266:37 Spot Lamps and Auxiliary Lamps. –
I. Any motor vehicle may be equipped with not to exceed 2 spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use, except that a spot lamp may be used by a police officer to illuminate the interior of a vehicle being stopped from the rear.
II. Except as provided in paragraph II-a, any motor vehicle may be equipped with not to exceed 3 auxiliary driving lamps mounted on the front at a height not less than 12 inches nor more than 42 inches above the level surface upon which the vehicle stands, with such measurements to be made from the ground to the center of the lens, except that vehicles while used in the winter maintenance of ways may be driven with auxiliary head lamps higher than 42 inches above the surface upon which the vehicle stands provided such head lamps shall be aimed so that the top of the beam of light produced by these head lamps does not exceed the height of a horizontal line which is 42 inches high at a distance of 75 feet ahead of the head lamps of said vehicle.
II-a. Motorcycles as defined in RSA 259:63 may be equipped with not to exceed 4 auxiliary driving lamps mounted on the front of the motorcycle at a height of not more than 42 inches above the level surface upon which the motorcycle stands, with such measurements to be made from the ground to the center of the lens.
III. Every spot lamp and auxiliary driving lamp shall be approved by the director.

Source. 1947, 82:1. 1949, 46:1. RSA 263:14. 1979, 203:2. 1981, 146:1, eff. Jan. 1, 1982. 2021, 73:1, eff. Aug. 9, 2021.

Section 266:38

    266:38 Stop Lamps. – It shall be unlawful for any person to drive any motor vehicle, including any motorcycle, moped or motor-driven cycle, full trailer, trailer, or semi-trailer in this state unless it is equipped with one or more stop lamps in working order at all times; provided, however, that stop lamps shall not be required on a farm tractor, and further provided that whenever a vehicle is manufactured with multiple stop lamps or stop lamps with multiple bulbs or filaments, each of the lamps, bulbs, or filaments shall be in working order.

Source. 1951, 20:8, par. 8-b. RSA 263:15. 1981, 146:1. 1983, 431:13. 1987, 404:13. 2002, 252:1, eff. May 17, 2002.

Section 266:39

    266:39 School Bus Stop Signals and Strobe Lights. –
I. The director shall adopt rules pursuant to RSA 260:5 requiring certain school buses to be equipped with automatic flasher-type stop lights located on the front and rear. Said stop lights shall be of such types and designs as approved by said director. No school bus shall be driven upon the ways of the state which does not carry the equipment which may be required by the director under the provisions of this paragraph. It shall be unlawful to operate any flashing warning signal light on any school bus except when any said school bus is stopped on a way for the purpose of permitting school children to board or alight from said school bus.
II. White strobe lights may be permanently mounted on the longitudinal center line of the bus roof. Strobe lights shall be capable of being activated and deactivated by the driver.

Source. 1949, 114:3. RSA 263:26. 1961, 251:2. 1981, 146:1. 2001, 81:2, eff. Aug. 18, 2001.

Section 266:40

    266:40 Clearance Lamps. – Every bus, motor truck, trailer or semi-trailer, having a width including load in excess of 80 inches, when on the ways of this state at night, shall have displayed on the front thereof, in addition to the front lights provided for in RSA 266:31, 2 amber clearance lamps. Every such vehicle shall have displayed on the rear thereof, in addition to the tail lamp and reflectors provided for in RSA 266:44, 2 red clearance lamps. All clearance lamps shall be located on the permanent part of the body, as high as possible thereon, one at the extreme left and one at the extreme right, to indicate the extreme width of said vehicle and load. Those on the front shall be visible, when lighted, for a distance of at least 500 feet from the front and the side and those at the rear shall be visible, when lighted, for a distance of at least 500 feet from the rear and the side, of said vehicle. However, in the case of vehicles and loads in excess of 45 feet in length, the rearmost clearance lamp arrangement shall be mounted on each side of the rearmost support for the load, one combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate the maximum width of the vehicle and load. Said clearance lamps shall be of such type, size and color as shall be approved by the director.

Source. 1933, 134:1. 1941, 111:3. RL 119:9. RSA 263:17. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:41

    266:41 Back-up Lamps. – Any motor vehicle may be equipped with back-up lamps either separately or in combination with other lamps. Such back-up lamps shall not be lighted when the motor vehicle is in forward motion.

Source. 1947, 81:1. RSA 263:18. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:42

    266:42 Directional Signals. – It shall be unlawful to drive on any way in this state any motor vehicle registered in this state which is manufactured or assembled after January 1, 1952, unless such vehicle is equipped with directional signals approved by the director. The provisions of this section shall not apply to motorcycles manufactured prior to January 1, 1973.

Source. 1951, 20:10. RSA 263:37. 1981, 146:1. 1994, 88:1, eff. July 5, 1994.

Section 266:43

    266:43 Reflectors. – Every new motor vehicle sold and driven upon a way, other than a tractor truck, shall carry on the rear, either as a part of the tail lamps or separately, 2 red reflectors, except that every motorcycle, moped and motor-driven cycle shall carry at least one reflector.

Source. 1951, 20:8, par. 8-c. RSA 263:16. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:44

    266:44 Tail Lamp and Reflectors. – Every motor vehicle and trailer or any combination of vehicles, when on the ways of this state at night, shall have on the rear thereof, and to the left of the axis thereof, one lamp, displaying a red light visible for a distance of at least 1000 feet to the rear of such vehicle, and a white light illuminating the registration plate of such vehicle so that the characters thereon shall be visible for a distance of at least 50 feet, except that passenger cars manufactured or assembled after January 1, 1952, shall have at least 2 tail lamps, one to either side of the axis thereof. On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. All tail lamps on any vehicle shall be located at a height of not more than 72 inches nor less than 20 inches from the ground, measured from the ground to the center of the reflector, and shall be placed in such manner as to indicate the extreme width of the vehicle and load and to reflect rays of light thrown upon such reflector. The visibility of such reflectors shall not be impaired at any time. Whenever a vehicle is manufactured with multiple tail lamps or multiple bulbs or filaments in the tail lamps, each of the lamps, bulbs, or filaments and any other exterior lighting equipment with which the vehicle was manufactured shall be in working order.

Source. 1911, 133:7. 1913, 81:3. 1921, 119:6. PL 103:6. 1931, 82:1. 1933, 105:2. 1941, 111:2. RL 119:8. RSA 263:13. 1979, 203:2. 1981, 146:1. 2002, 252:2, eff. May 17, 2002.

Section 266:45

    266:45 Additional Reflectors. – Every bus, motor truck, and every trailer and semi-trailer, provided the weight of said trailer or semi-trailer, including load, is 3,000 pounds or more, shall in addition to reflectors required in RSA 266:44, when driven upon the ways of this state at night, have displayed on the body or load carrying portion of said vehicle, the following: on each side one amber reflector, located at or near the front, and one red reflector located at or near the rear. Such reflectors shall be of such a type and size as shall be approved by the director and shall be located not less than 24 nor more than 48 inches from the ground. The visibility of any such reflector shall not be impaired at any time.

Source. 1935, 44:1. 1941, 111:4. RL 119:10. RSA 263:19. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:45-a

    266:45-a Additional Lighting Equipment. – Any vehicle 80 inches or more in overall width, if not otherwise required by this chapter, may be equipped with not more than 5 identification lamps showing to the front which shall emit an amber or white light without glare and with not more than 3 identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be grouped in a horizontal row, with lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical center line. Any vehicle may be equipped with one or more side marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular warning signals. Lamps allowed by this section shall be of a type approved by the director.

Source. 1981, 479:54. 2005, 203:8, eff. July 1, 2005.

Section 266:46

    266:46 Lamp or Flag on Projecting Load. – Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at all times during lighting periods specified in RSA 266:31, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

Source. 1947, 83:1. RSA 263:20. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:46-a

    266:46-a Slow Moving Vehicle Emblems. – Every tractor or animal-drawn vehicle when being driven on any way shall at all times display on the rear thereof a slow moving vehicle emblem approved by the director.

Source. 1981, 479:55, eff. Jan. 1, 1982 at 12:01 a.m.

Tires

Section 266:47

    266:47 Sale and Use of Regrooved Tires Prohibited. – It is unlawful for any person to use or sell any used passenger car tires that have been regrooved.

Source. RSA 263:90. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:48

    266:48 Tire Requirements. – It shall be unlawful to drive a motor vehicle or trailer upon the ways unless such motor vehicle or trailer is equipped with tires in safe operating condition in accordance with requirements established by the director. No tire mounted on a motor vehicle or trailer shall be deemed to be in safe operating condition unless it meets the visual and tread depth requirements set forth in this subdivision. A spare tire shall not be deemed to be a "tire mounted on a motor vehicle or trailer" for the purposes of this subdivision.

Source. RSA 263:84. 1965, 299:1. 1967, 314:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:49

    266:49 Visual Requirements. –
No tire shall be deemed to be in safe driving condition if such tire has:
I. A fabric break, or a cut in excess of one inch in any direction as measured on the outside of the tire and deep enough to reach the body cords, or has been repaired temporarily by the use of blowout patches or boots; or
II. Any bump, bulge or knot related to separation or partial failure of the tire structure; or
III. Any portion of the ply or cord structure exposed; or
IV. A portion of the tread design completely worn, provided such worn portion is of sufficient size to affect the traction and stopping ability of the tire.

Source. RSA 263:86. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:50

    266:50 Vehicle Tires. – A vehicle shall be considered equipped with solid rubber, iron, steel, or other hard tires when it has 2 or more of that kind.

Source. 1921, 119:25. PL 102:4. RL 118:5. RSA 262:7. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:51

    266:51 Method of Measuring Tread Depth. – Tire tread depth shall be measured by a tread depth gauge which shall be of a type calibrated in thirty-seconds of an inch. Readings shall be taken in a major tread groove of the tire nearest the center at 2 points of the circumference not closer than 15 inches. Readings for a tire which has the tread design running across the tire or for a siped tire, where such tread design is permitted, shall be taken at or near the center of the tire at 2 points of the circumference not closer than 15 inches.

Source. RSA 263:87. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:52

    266:52 Repealed by 1986, 218:2, eff. Jan. 1, 1987. –

Section 266:53

    266:53 Farm Vehicle Exemptions. – Farm vehicles registered under RSA 261, self-propelled combines, self-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes are exempt from the provisions of this subdivision.

Source. RSA 263:89. 1965, 299:1. 1981, 146:1, eff. Jan. 1, 1982.

Miscellaneous

Section 266:54

    266:54 Muffler, Horn and Lamps. – Every motor vehicle driven on the ways of this state shall be provided with a muffler, a suitable and adequate horn or other device for signaling, and suitable lamps.

Source. 1905, 86:7. 1911, 133:7. 1913, 81:3. 1917, 229:6. 1921, 119:6. PL 103:4. RL 119:4. RSA 263:5. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:55

    266:55 Mirrors. – No person shall drive upon any way any closed motor vehicle, or motor vehicle so constructed, equipped, or loaded that the driver is prevented from having a constantly free and unobstructed view of the way immediately in the rear, unless there is attached to the vehicle a mirror or reflector so placed and adjusted as to afford the driver a clear, reflected view of the way in the rear of the vehicle.

Source. 1921, 119:6. PL 103:8. RL 119:12. RSA 263:22. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:56

    266:56 Windshield Wipers and Defrosters. – Every motor vehicle shall be equipped with a windshield wiper, or wipers so-called, for cleaning rain, ice, snow or other moisture from its windshield, and every motor vehicle manufactured after January 1, 1947, shall, in addition to such windshield wiper, be also equipped with a defroster, so-called, designed for melting snow and ice from the windshield. All such devices shall at all times be maintained in good working condition.

Source. 1947, 181:1. RSA 263:23. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:57

    266:57 Flaps; Guards. – Every vehicle operated in or upon any way, when not equipped with proper fenders to prevent the throw, spray, or splash of water, dirt, or other matter, shall be equipped with suitable fender guards or flaps which shall effectively reduce the throw, spray or splash likely to be emitted from any wheel or tire. Said flaps or guards required shall be of a type and size prescribed and approved by the director.

Source. RSA 263:21-a. 1955, 110:1. 1981, 146:1. 1987, 404:8, eff. July 25, 1987.

Section 266:58

    266:58 Safety Glass Required. – It shall be unlawful to register or to drive on any way in this state any motor vehicle which shall have been manufactured or assembled on or after January 1, 1936, unless it be equipped with safety glass wherever glass is used in partitions, doors, windows, or windshields. This section shall not apply to any motor vehicle registered in another state by a bona fide resident of said state.

Source. 1935, 72:1. RL 119:41. RSA 263:70; 263:74. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:58-a

    266:58-a Tinted Glass. –
I. It shall be unlawful to sell or inspect any motor vehicle in this state which has after market tinting on the windshield.
II. It shall be unlawful to install after market tinting on the windshield on any motor vehicle which is registered in this state.
III. It shall be unlawful to drive on any way any motor vehicle registered in this state which has after market tinting on the windshield. Where after market tinting is applied to windows to the rear of the driver, outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger. The light transmittance of after-market tinted windows to the left and right of the driver where they are allowed shall not be less than 70 percent, and the light transmittance of after-market tinted rear windows where they are allowed shall not be less than 35 percent, except that the light transmittance of after market tinted rear windows of multipurpose passenger vehicles, as defined in 49 C.F.R. section 571.3 and pickup trucks may be such percentage as is allowed by 49 C.F.R. section 571.205 with respect to pre-market tinted rear windows.
III-a. Persons who require for medical reasons after market tinting on the windshield may apply for a special permit pursuant to RSA 266:61-a, IX.
IV. The commissioner shall adopt rules under RSA 541-A relative to the administration and enforcement of this section.
V. Nothing in this section shall be construed to prohibit after market tinting of the windshield of a vehicle with a strip not wider than 6 inches located at the very top of the windshield, provided that the light transmittance of the strip shall not be less than 35 percent.
VI. Any natural person or any other person who violates the provisions of this section shall be guilty of a violation.

Source. 1989, 160:1. 1990, 44:1. 1997, 252:4, eff. Aug. 18, 1997. 2021, 185:2, eff. Oct. 9, 2021.

Section 266:59

    266:59 Muffler; Prevention of Noise. –
I. Every motor vehicle shall at all times be equipped with a muffler as defined in RSA 259:66, in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a way.
II. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes, smoke, flame, gas, oil or fuel residue.
III. [Repealed.]
IV. No person shall operate a motor vehicle with a straight pipe exhaust system; "straight pipe exhaust system" means any straight- through exhaust system that does not contain baffles or otherwise does not meet the definition of muffler in RSA 259:66. Any person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $100 for a first offense, not less than $250 for a second offense in a calendar year, and not less than $500 for a third or subsequent offense in a calendar year.

Source. 1913, 81:5. 1921, 119:11. PL 103:14. RL 119:23. RSA 263:46. 1961, 205:1. 1981, 146:1. 2004, 259:1. 2005, 266:1, eff. Aug. 21, 2005.

Section 266:59-a

    266:59-a Motorcycle Noise Levels. –
I. No person shall operate in this state any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed; or
(b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less; or
(c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
II. No person shall pass for the purposes of the inspection required by RSA 266:1 any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed; or
(b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less; or
(c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
III. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not less than $100 nor more than $300.

Source. 1992, 94:1. 1993, 9:1. 2005, 266:2. 2012, 61:1, eff. Jan. 1, 2013.

Section 266:59-b

    266:59-b Emission Control Equipment. –
I. (a) Every motor vehicle driven on the ways of this state which is subject to inspection under this chapter shall be equipped with all of the emission control equipment which was part of that motor vehicle as originally equipped, and such equipment shall be properly connected to prevent excessive emissions. Motor vehicle inspections conducted in accordance with this chapter shall include a visual check for the presence and proper connection of the following equipment on vehicles so equipped:
(1) Catalytic converter.
(2) Gas cap.
(3) Evaporative purge canister.
(4) Positive crankcase ventilation (PCV) valve and properly configured hoses.
(5) Properly connected air injection pump/pulse air systems.
(b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt vehicles from those requirements of this section which would require replacement of parts for which replacements cannot be reasonably obtained.
(c) The commissioner of the department of safety, subject to conditions approved in advance by the federal Environmental Protection Agency (EPA), and after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, may modify the vehicle emission control inspection program by substituting the exhaust gas recirculation system for one or more of the items in subparagraphs I(a)(4) and I(a)(5), provided that the total effect of such change is determined to produce a net environmental improvement.
II. [Repealed.]
III. The commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require motor vehicles equipped with an on-board diagnostic system meeting federal EPA OBD II (On-Board Diagnostics) standards that are driven on the ways of this state and which are subject to inspection under this chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component of the inspection. Vehicles subject to this requirement shall include model year 1997 and newer diesel-powered motor vehicles and model year 1996 and newer motor vehicles powered by any other fuel source. To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests required by paragraph I.
IV. This section shall not apply to vehicles 20 or more model years old which shall be determined by subtracting the model year of the vehicle from the calendar year in which the inspection occurs or to vehicles determined by the director to be rare or historically significant.
V. If a vehicle fails the EPA OBD II test and it passes all other inspection requirements under this chapter, then it shall be issued a temporary waiver that permits its operation for 60 days from the date of issuance, in order to make required repairs. A vehicle shall be eligible for only one such waiver during its inspection cycle. The department shall adopt rules, pursuant to RSA 541-A, that have the effect of establishing the broadest possible waivers for consumers consistent with 40 C.F.R. sections 51.350 through 51.373. It is the intent of the legislature to provide appropriate waivers to persons for whom the making of OBD II repairs would constitute economic hardship. The committee established in paragraph VII shall make recommendations for such waivers and the department shall consider such recommendations during the rulemaking process required by this paragraph.
VI. If a vehicle fails the EPA OBD II test and the owner fails to make the required repairs, the owner may not sell the vehicle without informing the purchaser of the OBD II failure. If the owner fails to inform the purchaser of the OBD II failure, the purchaser shall be entitled to a refund of the purchase price and reasonable attorney's fees.
VII. (a) There is established an OBD II testing advisory committee. The committee shall be composed of the following:
(1) Two representatives, appointed by the speaker of the house of representatives.
(2) One senator, appointed by the president of the senate.
(3) The director of the division of motor vehicles of the department of safety, or designee.
(4) [Repealed.]
(5) The commissioner of environmental services, or designee.
(6) One member nominated by the New Hampshire Automobile Dealers Association and appointed by the governor.
(b) Members' terms shall be coterminous with their terms in office, except that the member appointed pursuant to subparagraph (a)(6) shall serve at the discretion of the appointing authority.
(c) The committee shall:
(1) Review and make recommendations on any contracts between the state and any private entities relating to OBD II testing.
(2) Review program operations on any contracts between the state and any private entities relating to OBD II testing.
(3) Make recommendations for statutory and rules changes to the amounts and types of repair waivers granted in the OBD II testing program.
(4) Meet at least annually and more often as needed.
(5) Submit a report at least biennially or as needed to the governor, senate president, and speaker of the house of representatives by November 1st of odd-numbered years on the operation of the motor vehicle inspection and emissions testing program.

Source. 1998, 207:5. 2004, 245:1-4. 2005, 296:3, eff. Aug. 11, 2005. 2014, 236:1, 2, eff. Sept. 19, 2014. 2016, 35:1, eff. Jan. 1, 2017. 2018, 49:2, III, eff. July 14, 2018. 2020, 37:27, eff. July 29, 2020.

Section 266:59-c

    266:59-c Diesel Emission Testing. –
I. The commissioner shall adopt rules under RSA 541-A to implement a roadside diesel opacity testing program for vehicles registered either in New Hampshire or outside New Hampshire utilizing the SAE (Society of Automotive Engineers) J1667 ("Snap Acceleration") test procedure. The commissioner may provide for recognition of results of recent similar tests performed by other states on the same motor vehicle.
II. The department may impose an administrative fine for any violation of this section or rule adopted under the provisions of this section. The maximum amount of the fine which may be assessed for each violation shall be $500. The commissioner shall have the authority to waive or reduce the amount of any fine assessed pursuant to this section.
III. Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this section, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose.

Source. 1998, 207:5, eff. June 18, 1998.

Section 266:60

    266:60 Standards for Odometers. – No passenger motor vehicle designated as a 1972 or later model which is manufactured after January 1, 1972, shall be registered in this state unless it is equipped with a tamper-resistant odometer designed with the intent to reduce the likelihood of unlawful tampering with the mileage reading thereon. The director may adopt rules pursuant to RSA 260:5 establishing standards for such devices, which standards shall be consistent with provisions of federal law, if any, relating thereto. The director shall not require, as a condition precedent to the initial sale of a vehicle, the inspection, certification or other approval of such odometer if such device or equipment has been certified by the manufacturer as complying with federal or state law or rule.

Source. RSA 260:93. 1971, 533:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:60-a

    266:60-a Fire Extinguishers. –
I. Every motor vehicle listed below shall be equipped at all times with a fire extinguisher, which shall comply with standards approved by the state fire marshal and the commissioner by rule adopted under RSA 260:5:
(a) All commercially registered motor vehicles weighing over 8,000 pounds, except for municipally owned vehicles.
(b) All motor homes and motor home trailers that have motor vehicle registrations.
II. The driver or owner of any motor vehicle failing to comply with this section shall be guilty of a violation in accordance with RSA 266:5.

Source. 1994, 9:2, eff. Jan. 1, 1995.

Section 266:61

    266:61 Distress Signals for Persons With Disabilities. –
I. The director shall make available, at no cost to the state, and shall design and approve, a flag or other suitable distress signal to be used by persons with disabilities, or by drivers holding walking disability identification cards. The distress signal may be displayed in an emergency only. It shall be displayed from the driver's left front window.
II. Any natural person who is not a person with a disability or who does not hold a walking disability identification card or any other person who uses the flag mentioned above as a distress signal or for any other purpose or who violates any provisions of this section shall be guilty of a violation.

Source. RSA 260:18-b. 1965, 203:1. 1973, 530:36. 1981, 146:1. 1990, 140:2, VI, VII, eff. June 18, 1990.

Section 266:61-a

    266:61-a Equipment Waiver for Disabled. –
I. Any person with a disability who is inconvenienced by any provision of this title requiring or prohibiting the use of certain equipment on a motor vehicle may apply to the department for a waiver of said provision.
II. Within 20 days of receiving such application, the commissioner or his designee shall respond to the applicant either granting the waiver or denying it.
III. In deciding whether or not to grant the waiver, the commissioner or his designee shall balance the inconvenience to the applicant against the importance of the provision sought to be waived and the safety of the general public. The commissioner or his designee may require an inspection or demonstration or both of the modified or new equipment which the applicant seeks to use. For the purposes of such investigation or demonstration the commissioner or his designee may grant a temporary waiver.
IV. If the application is denied, the commissioner or his designee shall state in writing the reasons for the denial. Any person whose application has been denied shall have the right to appeal pursuant to RSA 541.
V. If the waiver is granted, the department shall issue an equipment permit to the applicant. Such permit shall be kept in the vehicle while the equipment for which the waiver was sought is being used.
VI. The commissioner or his designee may attach whatever conditions he deems necessary to the granting of the waiver. Such conditions shall be noted on the permit.
VII. The waiver granted by the commissioner or his designee shall be for a period not to exceed 2 years; except in any case where a licensed physician documents a lasting medical necessity, in which case the waiver shall be for a period not to exceed 4 years. The applicant may reapply for the waiver before such period expires.
VIII. The commissioner shall have the authority to adopt rules pursuant to RSA 541-A relative to:
(a) The information to be contained on the application for a waiver;
(b) The information to be contained on the permit;
(c) The standards used to determine whether or not to grant the waiver; and
(d) Restrictions on the use or operation of the motor vehicle and the documentation of such restrictions on the permit.
IX. The commissioner may waive the requirements of RSA 266:58-a and issue a special permit to a person who for bona fide medical reasons requires after market tinting on the windshield and who applies for such permit. Such waiver shall be granted in accordance with this section and shall only authorize the use of after market tinted windows with a light transmittance of not less than 70 percent. In reviewing the application for a permit under this paragraph, the commissioner may seek the advice and recommendation of a medical review board designated by him or her for such purpose.

Source. 1981, 292:2. 1990, 44:2, 3; 140:2, II, X. 2008, 282:9, eff. Aug. 26, 2008. 2021, 185:3, eff. Oct. 9, 2021. 2022, 33:1, eff. July 2, 2022.

Section 266:62

    266:62 School Bus Design Rules. – The director shall adopt pursuant to RSA 260:5 and enforce all needful rules to govern the design of all school buses used for the transportation of school children when owned and operated by any school district, publicly or privately owned, or operated while under contract in this state.

Source. 1951, 113:1. RSA 263:39. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:62-a

    266:62-a Motor Vehicles Manufactured 60 Years or Older. – Any motor vehicle whose model year is 60 years or older shall be exempt from all motor vehicle equipment and inspection requirements if the motor vehicle is equipped as it was manufactured or in accordance with the motor vehicle's original equipment specifications.

Source. 2007, 327:1. 2010, 47:1, eff. Jan. 1, 2011.

Safety Devices Required for Transporting

Section 266:63

    266:63 Trailer Breakaway Safety Chains. –
Every trailer or semi-trailer including farm and agricultural vehicles shall have, in addition to the tow-bar or coupling device, a safety chain or cable to prevent breakaway from the towing vehicle. Each chain or cable shall have an ultimate strength at least equal to the gross weight of the trailer and load being towed. Chains or cables shall be connected to the towed and towing vehicle to prevent the tow-bar from dropping to the ground in the event the tow-bar fails. This provision shall not apply to:
I. Truck-tractor and semi-trailer units equipped with fifth wheel mechanisms;
II. Full trailers being driven as part of a truck-tractor, semi-trailer, or full trailer unit when the full trailer is attached to the semi-trailer by means of a converter dolly or fifth wheel mechanism;
III. Trailers being towed by motorcycles; or
IV. Farm implements towed behind farm tractors, if the hitch pin used to connect such implement to the tractor has an ultimate strength at least equal to the gross weight of the implement and is fitted with a safety clip or lock mechanism to prevent dislodging of the pin by vibration or shock in conformance to standards of the American Society of Agricultural Engineers.

Source. RSA 263:7-a. 1955, 295:3. 1981, 146:1. 1983, 434:18. 1987, 404:12. 1988, 32:1, eff. May 23, 1988.

Section 266:64

    266:64 Tow Bars Required. – Except for duly registered wrecking vehicles and transporters or motor vehicles towing with a chain or cable for no more than one mile another motor vehicle which is disabled and unable to proceed under its own power, no motor vehicle shall be used to tow another motor vehicle upon any way unless the 2 vehicles shall be connected by a tow bar of sufficient strength to control the movement of the vehicle being towed without manual steering of said towed vehicle.

Source. RSA 263:91. 1967, 232:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:65

    266:65 Wood-Sawing Equipment on Vehicles. – No vehicle carrying wood-sawing equipment shall be driven on the ways of this state when the saw is on the arbor ready for use, unless such saw is covered with a suitable wooden guard.

Source. 1939, 124:1. RL 119:39. RSA 263:67. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:66

    266:66 Binding Devices. – No motor truck, trailer or semi-trailer, while being used to transport a load of logs, lumber or timber, the height of which with load is greater than 8 feet and the length of whose load is greater than 8 feet shall be driven on the ways of this state unless each such load on each such unit is bound by 3 chains, or wire ropes, or steel cables, or steel straps or nylon webbing devices together with binders. Chains shall be made of not less than 3/8 inch wire; wire ropes, steel cables, steel straps or nylon webbing devices shall have a capacity of at least 2,750 pounds working load limit as rated by the manufacturer. All chains, wire ropes, steel cables, steel straps or nylon webbing devices used to secure the above loads shall be bound firmly in place and properly spaced to secure the load.

Source. 1949, 151:1. RSA 263:68. 1973, 5:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:67

    266:67 Binder Devices on Vehicles Carrying Wood Products Other Than Logs and Sawed Long Lumber. – No motor truck, trailer, or semi-trailer, while being used to transport pulpwood, boltwood or any wood product, other than long logs or sawed long lumber, shall be driven on the ways of this state unless the last tier or row or both are bound by a chain, wire rope, steel cable, steel strap or nylon webbing device together with a binder to adequately secure the load. Chains shall be made of not less than 3/8 inch wire; wire ropes, steel cables, steel straps or nylon webbing devices shall have a capacity of at least 2,750 pounds working load limit as rated by the manufacturer. No wood product other than logs or sawed long lumber shall be piled higher than the truck stakes unless bound by a chain, wire rope, steel cable, steel strap or nylon webbing device together with a binder to adequately secure the load.

Source. RSA 263:68-a. 1955, 122:1. 1973, 5:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:68

    266:68 Binder Ropes on Vehicles Carrying Baled Hay. –
I. No motor truck, trailer or semi-trailer while being used to transport baled hay shall be operated on the highways of this state unless the loads of baled hay, baled straw, or other baled products shall be solidly packed while in transit. Loading methods shall result in completely tying the load together by alternating bale lengths and interlocking tiers.
II. Such loads shall be fastened securely to the vehicle by not less than 2 longitudinal rope binders from front to the back of vehicles, and by not less than 4 cross binders in addition to the longitudinal binders, binders to be of at least 3/4 inch diameter knot and rot-free manila rope.
III. The provisions of paragraphs I and II shall not apply to a local farmer transporting his own baled products incidental to his farming operations where such transportation requires the use of the highways; provided, however, that nothing herein shall relieve such farmer from loading and securing such bales in a safe manner.

Source. RSA 263:68-b. 1955, 122:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:69

    266:69 Binder Chains on Vehicles Carrying Junk Motor Vehicles. – No vehicle while being used to transport junk motor vehicles shall be driven on the ways of this state, unless each such load on each such unit is bound by 3 chains and binders, said chains made of not less than 3/8 inch wire, and unless said chains and binders are held firmly in place and are properly spaced to secure the load.

Source. RSA 263:68-c. 1969, 190:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:70

    266:70 Securing Construction Equipment on Vehicles. –
I. No motor truck, trailer or semi-trailer, while being used to transport construction equipment, shall be driven on the ways of the state unless such load on each such unit is bound by:
(a) Not less than 2 chains and binders made of not less than 3/8 inch wire; or
(b) Not less than 2 steel cables and binders; or
(c) Not less than 2 turnbuckles of comparable strength to the devices in subparagraphs (a) and (b).
II. Such chains, cables or turnbuckles shall be held firmly in place and shall be properly placed to secure the load.

Source. RSA 263:68-d. 1977, 476:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:71

    266:71 Vehicles Transporting Pulpwood. –
Notwithstanding the provisions of RSA 266:12, a motor vehicle or trailer transporting pulpwood or boltwood may be driven on any way or bridge if the width of the load does not exceed 102 inches if said vehicles and trailers are equipped with:
I. A strip 3 inches thick extending along the sides of the platform securely fastened to the platform so that the load shall pitch to the center of vehicle;
II. Solid-boarded tailboard of 5 stakes evenly spaced of sufficient strength to maintain the weight of the load and such load at no place along its length is higher than the tailboard or stakes;
III. A chain, wire rope, steel cable, or steel strap or nylon webbing binding each tier or row or both, together with a binder to adequately secure the load to the body. Chains shall be made of not less than 3/8 inch wire; wire ropes, steel cables, steel straps or nylon webbing devices shall have a capacity of at least 2,750 pounds working load limit as rated by the manufacturer.

Source. RSA 263:65-a. 1957, 38:1. 1973, 5:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:72

    266:72 Spillage of Material. –
I. No vehicle shall be driven or moved on any way unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a way in cleaning or maintaining such way.
II. No person shall operate on any way any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the way. Without limiting the foregoing provision, no person shall drive on any way any open vehicle loaded with earth, sand, asphalt, stone, gravel, or other particulate substance unless said vehicle is equipped with and said load is entirely covered and secured by a tarpaulin or similar covering which prevents the escape of any substance from said load onto the way.
II-a. No person shall operate on any way any open vehicle loaded with light scrap metal, unless the load is covered with and secured by a close-fitting tarpaulin which prevents the escape of any light scrap metal from the load onto the way. For the purposes of this paragraph "light scrap metal" means any fragments less than 8 inches wide and no more than 1/8 inch thick of manufactured metal articles or shredded metal parts rejected or discarded and useful only as material for reprocessing. The provisions of this paragraph shall not apply to truck operators transporting crushed vehicles to shredding facilities or to transporters of heavy scrap metals to or from metal scrap dealers or remelting facilities.
III. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any person shall be liable to the state or town for any damage done to the way by spillage.
IV. The provisions of paragraphs I, II, II-a, and III of this section shall not apply to a local farmer transporting his or her own farm products or materials incidental to a local farming operation where such transporting requires incidental use of a way, provided that such farmer shall not thereby be relieved of his or her duty to exercise reasonable care to prevent hazardous spillage.
V. The provisions of paragraphs II and II-a shall not apply to:
(a) The operation of construction equipment as defined in RSA 259:42 and motor vehicles used in the construction of highways provided that such equipment or motor vehicle is used within a highway construction zone as prescribed by the commissioner of transportation, provided that the driver of any such vehicle shall not thereby be relieved of the duty to exercise reasonable care;
(b) The operation of municipal and state highway maintenance equipment;
(c) The driving of any vehicle on a way at speeds of less than 30 miles per hour.

Source. RSA 249:51. 1965, 178:1. 1973, 530:32; 573:1, 2. 1981, 146:1. 1994, 373:1-3. 1995, 232:1. 2004, 257:33. 2006, 317:7. 2010, 251:5, eff. Sept. 4, 2010.

Section 266:72-a

    266:72-a Motor Carriers; Equipment; Roadside Inspections. –
I. The commissioner may adopt as rules, under RSA 541-A, the current version of the federal motor carrier safety regulations promulgated by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration and Federal Motor Carrier Safety Administration, contained in 49 C.F.R. parts 107, 380, and 382-397. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on the part of the commissioner. The commissioner shall be authorized to exempt vehicles and drivers operating exclusively in intrastate commerce from such rules which the commissioner determines impose an unnecessary regulatory burden without providing a corresponding safety benefit.
II. Whenever the commissioner finds that a motor carrier safety regulation in 49 C.F.R. sections 390-397, provides an equal or greater degree of safety the commissioner may, pursuant to RSA 260:5, adopt the federal regulation as a rule, and the rule shall take precedence over the conflicting provisions of this title. No person who is in compliance with the corresponding rule adopted by the commissioner shall be convicted of violating a conflicting provision of this title. The commissioner shall request the introduction, at the next annual session of the legislature following adoption of such a rule, of legislation amending or repealing the conflicting provision of this title and, if the legislation is not enacted, any rule so adopted shall be automatically repealed 60 days after the last day of the legislative session.
III. The drivers of all vehicles subject to the motor carrier rules who operate exclusively in intrastate commerce shall be subject to the medical examination, written tests, and road tests required by 49 C.F.R. sections 391.31-391.49, as amended, provided, however, that the commissioner may waive specific requirements or standards of the medical examination for any such driver who has a valid commercial driver's license issued by this state on or after January 1, 1990, if it would not jeopardize public safety to grant such a waiver. The commissioner may adopt rules pursuant to RSA 541-A relative to standards for the granting of such waivers. The department shall make interested parties aware of the provisions of this paragraph. Once a waiver is granted under this paragraph, the waiver shall be placed on the medical examination card required by federal regulation.
III-a. Paragraph III shall not apply to intrastate transportation performed by the state, or any political subdivision of the state. However, nothing in this section shall prevent or inhibit any public employer from establishing internal policies making the motor carrier safety rules applicable to its vehicles and drivers.
IV. Utility service vehicle drivers providing intrastate service shall be exempt from the provisions of 49 C.F.R. 395 as adopted pursuant to this section.
V. (a) A driver of a motor carrier shall stop the vehicle on the request of any enforcement officer of the department of safety or other law enforcement agent certified to conduct truck inspections or by command of roadside signs so that the officer may:
(1) Examine:
(A) Vehicle components.
(B) Driver's physical condition.
(C) Cargo condition.
(D) Documents.
(2) Enter the cab or cargo area as necessary to determine that:
(A) The vehicle is in safe operating condition.
(B) The cargo is properly secured.
(b) Every owner/operator of a motor carrier, or his or her authorized agent, shall submit accounts, books, records, memoranda, correspondence, and other documents for inspection, upon demand by any enforcement officer of the department of safety or other law enforcement agent certified to conduct truck inspections who in the course of enforcing the motor carrier rules is acting within the scope of his or her duties and authority, at the motor carrier's principal place of business during regular business hours.
(c) Any operator who fails to stop or allow inspection as described in subparagraph (a) shall be guilty of a misdemeanor. A second violation of subparagraph (a) shall result in suspension of the person's license or privilege to drive in New Hampshire and notification of such suspension to national motor vehicle license databases.
VI. The driver of any vehicle operating intrastate and registered with New Hampshire farm or agricultural plates and with a gross vehicle weight, gross vehicle weight rating, or gross combination weight rating of 26,000 pounds or less; designed or used to transport fewer than 16 passengers, including the driver; and which does not transport materials required to be placarded pursuant to 49 C.F.R. part 172, subpart F, shall be exempt from the provisions of 49 C.F.R. parts 391, 392, 393, 395, and 396, as adopted as rules pursuant to this section, except that such exemption shall not apply to the requirements of 49 C.F.R. section 392.3, operating while fatigued or ill, 49 C.F.R. section 392.4, use of illegal drugs or substances, 49 C.F.R. section 392.5, driver use of alcohol, 49 C.F.R. part 393, subpart C, brakes, and 49 C.F.R. section 396.7, unsafe operations forbidden.

Source. 1985, 213:24. 1989, 139:1. 1997, 252:2, 3. 2008, 187:1, 2. 2012, 172:2. 2013, 180:9, eff. Jan. 1, 2014; 185:1, eff. July 2, 2013. 2020, 33:16, eff. July 24, 2020.

Section 266:72-b

    266:72-b Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. –
I. Except as provided in paragraph III, a motor carrier's privilege to have any commercial motor vehicle driven shall be suspended or revoked, upon written order of the director, whenever such motor carrier:
(a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense; or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined it is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction.
II. Any suspension or revocation described in paragraph I shall be effective 30 days after any default or revocation described in subparagraphs I(a)-(c).
III. If a motor carrier receives a summons in hand from a law enforcement officer, no further notification to such a motor carrier is required before the suspension of its privilege occurs as provided in subparagraph I(c). If a motor carrier receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such motor carrier by certified mail at its last known address that its privilege shall be suspended 30 days after the mailing of such notification.
IV. The department shall cause written notice to be sent to any motor carrier that defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any motor carrier that defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.
V. (a) If such motor carrier fails to appear, pay the fine, or comply with an order within the applicable period as provided in subparagraph I(c) or paragraph III of this section, or fails to demonstrate that the motor carrier is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such motor carrier's privilege to have any commercial motor vehicle driven in New Hampshire effective from the applicable date for an indefinite period and mark the motor carrier's files accordingly.
(b) The director may report the names of all motor carriers whose privilege has been suspended or revoked under this section due to nonpayment to a consumer reporting agency as defined in RSA 359-B:3.
VI. Except as provided in paragraph VII, any motor carrier whose privilege has been suspended or revoked pursuant to paragraph V shall be reinstated upon:
(a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5); and
(b) Appearance by such motor carrier, payment of its fine, or compliance with the order of the director, as applicable, or upon demonstration that such motor carrier is financially unable to pay the fine or to comply with the order. Any court which has ordered a motor carrier's privilege suspended pursuant to paragraph V shall vacate the order and so notify the director and the affected motor carrier immediately after such motor carrier has appeared or paid its fine, as applicable, or has demonstrated that it is financially unable to pay the fine or to comply with the order.
VII. No motor carrier whose privilege to have any motor vehicle driven in New Hampshire has been suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.
VIII. Nothing shall prevent any motor carrier affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief.
IX. The provisions of this section shall be the primary sanction for motor carriers who fail to appear, pay a fine or other penalty, or comply with an order of the director or a court, but shall not exclude other provisions of law relative to sanctions for motor carriers who fail to appear, pay a fine or other penalty, or comply with an order of the director or a court.
X. Notwithstanding the provisions of RSA 541-A:30, the director may order the suspension of a motor carrier's privilege to have any motor vehicle driven in New Hampshire in their discretion, and without a hearing, whenever the director has reason to believe that the motor carrier is a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct; and the certificate shall not be reissued unless, upon examination or investigation, or after hearing, the director determines that the motor carrier should again be permitted to allow a commercial motor vehicle to be driven. Provided, however, that if the director revokes or suspends a motor carrier's privilege under the provisions hereof, the motor carrier, upon a written application to the department, shall be granted a hearing by the department within 15 days after the filing of the application.
XI. Any motor carrier whose privilege has been suspended or revoked pursuant to paragraph I or X, shall be subject to a fine of $500 plus penalty assessment. A law enforcement officer may order the removal of a commercial motor vehicle driven in violation of paragraph I or X at the motor carrier's expense.

Source. 2020, 37:93, eff. Jan. 1, 2021.

Equipment Prohibited

Section 266:73

    266:73 Sirens. – It shall be unlawful for any motor vehicle to be driven on the ways of this state equipped with a siren. The provisions of this section shall not apply to such emergency vehicles as police, fire department, fire patrol, and state department of corrections vehicles nor to those law enforcement officers or volunteer members of fire departments nor to public or private ambulances.

Source. 1939, 162:1. RL 119:6. RSA 263:8. 1981, 146:1, eff. Jan. 1, 1982. 2019, 156:2, eff. Aug. 30, 2019.

Section 266:74

    266:74 Repealed by 2008, 358:16, VI, eff. Sept. 9, 2008. –

Section 266:74-a

    266:74-a Repealed by 2008, 358:16, VII, eff. Sept. 9, 2008. –

Section 266:75

    266:75 Image Display Device. –
I. In this section, "image display device" means equipment capable of displaying rapidly changing images as follows:
(a) A broadcast television image or similar entertainment content transmitted by other wireless means to the equipment; or
(b) A dynamic visual image, other than text, from a digital video disc or other storage device.
II. Except as provided in paragraph IV, no person shall drive a motor vehicle while viewing a broadcast television image or a visual image from an image display device when the vehicle is in motion on a way.
III. Except as provided in paragraph IV, no person shall drive a motor vehicle with an image display device intended to be visible to the driver in a normal driving position when the vehicle is in motion and when restrained by the vehicle seat belts adjusted in accordance with the manufacturer's recommendations.
IV. Paragraphs II and III shall not apply to:
(a) Emergency vehicles.
(b) Image display devices that are displaying images that provide the driver with navigation and related traffic, road, and weather information.
(c) Image display devices providing vehicle information, controls, or information related to the driving task.
(d) Image display devices used to enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle.
(e) Image display devices that permit the driver to monitor vehicle occupants seated rearward of the driver.
(f) Image display devices that do not display images to the driver while the vehicle is in motion.
(g) Any use of an image display device while a vehicle is parked.
(h) Any image display device for displaying information intended to enhance traffic awareness.
(i) Image display devices that permit the driver to monitor horses or livestock in a vehicle intended to carry horses or livestock, or in a trailer being towed by the vehicle.

Source. 1949, 45:1. RSA 263:9. 1981, 146:1. 2011, 136:1, eff. June 7, 2011.

Motorcycles

Section 266:76

    266:76 Motorcycle With Sidecar. – Every motorcycle equipped with a sidecar, when on the ways of this state at night, shall display 2 lighted lamps on the front as required for motor vehicles.

Source. 1921, 119:6. PL 103:7. RL 119:11. RSA 263:21. 1981, 146:1, eff. Jan. 1, 1982.

Section 266:77

    266:77 Handlebars. – It shall be illegal to drive a motorcycle with improvised, defective, or repaired handlebars.

Source. RSA 263:29-a. 1967, 443:1. 1975, 422:1. 1981, 146:1. 2002, 30:1, eff. June 7, 2002. 2017, 48:1, eff. July 11, 2017.

Section 266:78

    266:78 Footrests and Mirrors. – Every motorcycle driven upon the ways of this state shall have footrests for each person driving or riding upon the same and a rear view mirror. Three-wheel scooters with enclosed cabs shall be exempt from the requirements for footrests.

Source. RSA 263:29-g. 1969, 2:1. 1981, 146:1, eff. Jan. 1, 1982.

Emergency Lights and Warning Lights

Section 266:78-a

    266:78-a Definitions. –
I. In this section:
(a) "Emergency light" means a steady burning, oscillating, rotating, or flashing red or blue colored light.
(b) "Warning light" means a steady burning, oscillating, rotating, or flashing amber light or arrow board or white colored light.
II. Original equipment or aftermarket amber or white directional signals and red tail lamps and stop lamps used to signal turns and as hazard warning lamps shall be excluded from the definition of emergency lights and warning lights.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-b

    266:78-b Blue Lights Restricted to Law Enforcement, State Department of Corrections, and Emergency Response. –
I. No person other than a sworn law enforcement officer with power of arrest, state probation and parole officers, and state correctional officers in the performance of their official duties shall operate a vehicle equipped with blue colored lights, except in the case of a service technician driving the vehicle in connection with servicing or maintaining the vehicle or as provided under paragraph II.
II. No person other than a sworn law enforcement officer with power of arrest, state probation and parole officers, and state correctional officers in the performance of their official duties or an emergency response employee or volunteer of a city, town, or village district or the federal government or an employee of a private ambulance service contracted with a city, town, or village district shall operate a vehicle equipped with a rear-facing blue colored light, except in the case of a service technician driving the vehicle in connection with servicing or maintaining the vehicle.
III. Blue colored lights are authorized only for vehicles owned or leased by state, county, municipal, or federal law enforcement agencies, state department of corrections, fire marshal vehicles, emergency response vehicles owned or leased by city, town, village district, or federal fire departments, forestry departments, or emergency medical departments, or emergency response vehicles owned or leased by a private ambulance service contracted with a city, town, or village district and vehicles privately owned or leased by sworn law enforcement officers when authorized by their department heads. When blue colored lights are installed on a private vehicle owned by or leased to a law enforcement officer, such lights shall be covered when the vehicle is being driven by someone other than a law enforcement officer. A blue colored light installed on emergency response vehicles other than those vehicles used by a sworn law enforcement officer, state probation and parole officers, and state correctional officers in the performance of their official duties shall be limited to a single, rear-facing blue colored emergency light on each vehicle. A private ambulance service that is no longer contracted with a city, town, or village district shall remove the single rear-facing blue colored light upon the expiration of the contract.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2015, 130:1, eff. June 12, 2015. 2019, 156:3, eff. Aug. 30, 2019.

Section 266:78-c

    266:78-c Red Lights Restricted to Police, Fire, and Rescue Vehicles. –
No person other than those authorized in this section shall operate a vehicle equipped with red colored emergency lights. Red lights are authorized for the following vehicles:
I. Emergency response vehicles owned or leased by municipal, village district, or federal fire departments and forestry departments.
II. Vehicles privately owned or leased by full-time or volunteer firefighters employed by municipal, village district, or federal fire departments and forestry departments or forest fire wardens and deputy wardens when authorized by their department heads.
III. Licensed public or private ambulances and emergency medical response and rescue vehicles, and members of licensed ambulance and emergency medical response and rescue crews when authorized by their employers.
IV. Federal or state emergency management response vehicles, airport authority emergency response vehicles, and government vehicles used in response to reports of emergencies resulting from actual or potential releases, spills, or leaks of or other exposure to hazardous substances.
V. Hospital emergency personnel with a permit from the commissioner of safety issued under rules adopted pursuant to RSA 541-A, relative to the qualifications and conditions of such a permit and grounds for revoking it.
VI. Red lights as part of, but not in place of, the emergency warning systems of police vehicles.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-d

    266:78-d Additional Lights Approved for Police, Fire, State Department of Corrections, and Rescue Vehicles. – Police, fire, state department of corrections, and emergency medical response vehicles, in addition to but not in place of the lights authorized by RSA 266:78-b and RSA 266:78-c, may be equipped with light bars containing one or more amber warning lights or amber arrow boards.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2019, 156:4, eff. Aug. 30, 2019.

Section 266:78-e

    266:78-e Other Flashing Lamps Prohibited. – Only authorized emergency vehicles, including law enforcement, fire, state department of corrections, and emergency medical services vehicles, state department of transportation vehicles engaged in construction or maintenance activities, and bicycles may be equipped with a device that provides for alternate flashing of headlamps.

Source. 2008, 358:12. 2009, 168:1, eff. July 8, 2009. 2018, 46:3, eff. July 14, 2018. 2019, 156:5, eff. Aug. 30, 2019.

Section 266:78-f

    266:78-f Use of Lights by Law Enforcement and State Department of Corrections. – Law enforcement officers, state probation and parole officers, and state correctional officers in the performance of their official duties shall only illuminate emergency lights and warning lights when in pursuit or stopping a violator, when responding to but not returning from an emergency call for service, when conducting an escort, or when parked on or adjacent to the highway to warn other traffic of a hazard or obstruction. Except as provided for under RSA 266:78-b, II, no person other than a sworn law enforcement officer, state probation and parole officers, and state correctional officers in the performance of their official duties shall drive a vehicle with a blue light or lights in operation.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2015, 130:2, eff. June 12, 2015. 2019, 156:6, eff. Aug. 30, 2019.

Section 266:78-g

    266:78-g Use of Lights by Fire, State Department of Corrections, Rescue, and Emergency Response Personnel. – Police, fire, ambulance, state department of corrections, and rescue vehicles, and other vehicles authorized under RSA 266:78-c shall only illuminate emergency lights and warning lights when responding to but not returning from an actual or reported emergency, transporting a patient to a hospital for emergency treatment, or when parked at the scene of an emergency for purposes of warning approaching traffic. Fire apparatus and ambulances may also illuminate emergency lights and warning lights while parking or backing the vehicle to access a garage housing the apparatus or when serving as a mobile command post to designate the location of the command post. No persons other than emergency response personnel shall drive a vehicle with red emergency lights in operation.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2019, 156:7, eff. Aug. 30, 2019.

Section 266:78-h

    266:78-h Amber Warning Lights Authorized for Certain Vehicles. –
No person other than those authorized in this section or in RSA 266:78-c shall operate a vehicle equipped with amber colored warning lights. Amber warning lights are authorized for the following vehicles:
I. Vehicles owned by or leased to state, county, or municipal public works departments and used to maintain the highways including, but not limited to, pickup trucks, snow plows, graders, loaders, sand trucks, sweepers, and tar trucks.
II. Vehicles used by telephone, electrical, and cable utilities and tree services for maintenance of utility, sewer, and water lines.
III. United States Postal Service delivery vehicles.
IV. Wreckers and emergency highway service vehicles.
V. Vehicles escorting oversize loads.
VI. Privately owned vehicles used for snow removal on or adjacent to ways.
VII. Refuse collection vehicles and compacters.
VIII. Vehicles owned by or leased to contractors and construction companies and regularly used to provide warning of road obstructions or hazards at road or utility construction sites.
IX. Such other vehicles as may be authorized by the director.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-i

    266:78-i Use of Amber Lights. – Vehicles authorized to use amber colored warning lights authorized by RSA 266:78-h may only illuminate the warning lights when their duties require them to be stopped or parked on or immediately adjacent to a way at a road, water, or sewer line construction or maintenance site in a manner that may impede or cause a hazard to traffic, when actively engaged in the delivery of United States mail, or when actively engaged in snow removal or ice treatment or when entering or leaving a way during plowing operations, or during repair or placement of official traffic control devices, pavement marking, or escorting an oversize load or slow moving vehicle, or in the case of wreckers and emergency road service vehicles when maneuvering through congested traffic to reach a disabled vehicle, providing roadside service, or loading or unloading a vehicle.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2018, 66:1, eff. July 24, 2018.

Section 266:78-j

    266:78-j Wing Lights on Snowplows. – Snowplows may use amber or white wing lights to illuminate the wings of the snowplow when the plow is in operation. A white or amber light mounted on or adjacent to a salt or sand spreader may be used when the spreader is in operation.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-k

    266:78-k School Buses. – School buses shall be equipped with warning lights and stop signals only as provided in RSA 266:39.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-l

    266:78-l Private Security Vehicles. – Vehicles owned by or leased to licensed public or private security services but not personally owned vehicles of security guards may be equipped with amber or green warning lights, which shall only be illuminated when patrolling a shopping center or mall parking lot or other private premises or if stopped in a hazardous location for the purposes of warning approaching traffic.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-m

    266:78-m Funeral Escort and Lead Vehicles. – Funeral escort and lead vehicles may be equipped with purple warning lights only as provided in RSA 265:156.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-n

    266:78-n Parade Use. – Vehicles operating in a parade or celebration may display emergency lights or warning lights.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-o

    266:78-o Emergency and Warning Lights; Duties of Official Inspection Stations. –
I. Official inspection stations shall not issue an inspection sticker to a vehicle equipped with emergency lights or warning lights except as authorized in this subdivision. No permit shall be required for such lights if equipped in accordance with this subdivision.
II. Public safety and emergency medical personnel presenting their privately owned vehicles for inspection shall present to the person conducting the inspection an official departmental photo identification or an official identification card or badge from their department. A letter on official stationery from their employer signed by the head of the organization authorizing the lights shall be carried in the vehicle and displayed to any law enforcement officer upon request. Failure to display such authorization shall be prima facie evidence that the vehicle was equipped in violation of this subdivision.
III. The commissioner of safety, by rule adopted pursuant to RSA 541-A, may determine the location and method of use of emergency lights and warning lights.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-p

    266:78-p Revocation of Privilege. – The use of emergency lights or warning lights on personally owned or leased vehicles of public safety personnel may be revoked at any time by their department heads or emergency response employers by notifying the person in writing with a copy to the director. The director, upon a finding after a hearing that any user of emergency lights or warning lights has violated this subdivision, may revoke the authority to equip a vehicle with emergency lights or warning lights.

Source. 2008, 358:12, eff. Sept. 9, 2008.

Section 266:78-q

    266:78-q Penalties. – Any person convicted of a violation of this subdivision shall, notwithstanding the provisions of title LXII, be guilty of a violation and fined $250 plus penalty assessment for a first offense and not less than $500 nor more than $1,000 plus penalty assessment for a second offense, and any person knowingly or purposely using blue lights to commit a crime punishable as a misdemeanor shall be guilty of a misdemeanor, and any person knowingly or purposely using blue lights to commit a crime punishable as a felony shall be guilty of a class B felony. The director or the court may suspend or revoke for a period of not less than 30 days the license or driving privilege of any person convicted of violating this subdivision.

Source. 2008, 358:12, eff. Sept. 9, 2008. 2015, 202:12, eff. Jan. 1, 2016.

Section 266:78-r

    266:78-r Vehicle Formerly Used as Ambulance to Have Identifying Features Removed. – Prior to driving on the ways of the state, a vehicle which was formerly used as an ambulance or rescue vehicle but is no longer licensed as an ambulance under RSA 153-A, a person shall remove any siren, red forward and side emergency lights, gold lettering, red cross, caduceus, or other medical insignia, "Keep back 500 feet," "Emergency," "Ambulance," "Rescue," or other lettering or insignia that might cause the vehicle to be mistaken for a working ambulance or rescue vehicle. This section shall not apply to vehicles owned or leased by state, county, or municipal emergency response agencies, the American Red Cross, duly registered antique vehicles, or licensed transporting EMS agencies.

Source. 2015, 63:1, eff. Aug. 1, 2015.

OHRV's

Section 266:79 to 266:84

    266:79 to 266:84 Repealed by 1981, 538:11, XIX, eff. Jan. 1, 1982 at 12:02 a.m. –

Bicycles and Mopeds

Section 266:85

    266:85 Application of Chapter to Bicycles. – No preceding provision of this chapter shall apply to bicycles nor to equipment for use on bicycles unless a provision has been made specifically applicable to bicycles or their equipment.

Source. 1981, 479:57, eff. Jan. 1, 1982 at 12:01 a.m.

Section 266:86

    266:86 Headlamp Required at Night. – Every bicycle operated upon any way during darkness shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle and with a red reflector on the rear of a type approved by the director, which shall be visible from a distance of 300 feet to the rear when directly in front of the lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from 300 feet to the rear may be used in addition to the red reflector. Every moped driven upon any way during darkness shall be equipped with one headlamp which meets the specifications for headlamps established in RSA 266:31. Taillamps and stop lamps are required on mopeds.

Source. RSA 250:11-d. 1971, 319:1. 1981, 146:1; 479:57, eff. Jan. 1, 1982 at 12:01 a.m.

Section 266:87

    266:87 Pedal Reflectors and Reflective Equipment Required. –
I. No person shall operate a bicycle, except for a bicycle equipped with clipless pedals, or moped unless such bicycle or moped has pedals equipped with a reflector of a type approved by the director which conform to 49 CFR 571.108 Table 2 and which shall be visible from the front and rear of the bicycle or moped from a distance of 200 feet during darkness.
II. No person, during darkness, shall operate a bicycle equipped with clipless pedals unless the operator is wearing either reflectorized leg bands on the lower exterior of the operator's legs or some other type of light reflective equipment on the exterior of either the operator's legs or shoes.

Source. RSA 250:11-e. 1971, 319:1. 1981, 146:1; 479:57. 1983, 431:14. 2000, 126:1, eff. July 7, 2000.

Section 266:88

    266:88 Brake Required. – Every bicycle and moped shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or moped within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Source. RSA 250:11-a. 1971, 319:1. 1981, 146:1; 479:57, eff. Jan. 1, 1982 at 12:01 a.m.

Section 266:89

    266:89 Sirens Prohibited. – No bicycle or moped shall be equipped with a siren, nor shall any person on a bicycle or moped use a siren.

Source. 1981, 479:57, eff. Jan. 1, 1982 at 12:01 a.m.

Vehicle Equipment Safety Compact

Section 266:90 to 266:107

    266:90 to 266:107 Repealed by 1981, 568:144, eff. July 1, 1981. –

Wreckers

Section 266:108

    266:108 Wrecker Safety Chains. – Every wrecker shall be equipped with an additional safety chain with minimum requirements of 3/8 inch HY-TEST chain for towed vehicles up to and including 11,000 pounds gross vehicle weight, and 1/2 inch HY-TEST chain for towed vehicles over 11,000 pounds gross vehicle weight. This safety chain shall be used at all times when the wrecker has a vehicle in tow upon a way, for the purpose of keeping the towed vehicle under control in the event the normal hook-up malfunctions. All wreckers shall operate within the recommended manufacturer's safety policies and procedures.

Source. 1986, 216:4. 1987, 404:18, eff. July 25, 1987.

Section 266:109

    266:109 Special Wrecker Lighting Required. –
Every wrecker shall be equipped with:
I. Two additional stop and directional lamps placed so as to be readily visible to traffic from the rear at all times. The towed vehicle shall be equipped with portable lamps to conform with RSA 266:36. In the case of a vehicle designed to carry motor vehicles on the bed of the vehicle, however, the additional stop and directional lamps shall not be required. Any vehicle being towed by a vehicle which is designed to carry motor vehicles on the bed of the vehicle shall be equipped with portable stop and directional lamps and portable lamps to conform with RSA 266:36.
II. One or more rotating or flashing amber colored emergency lamps so placed as to be clearly visible.
(a) Said amber colored lights shall be illuminated when the roadside service being rendered to another vehicle presents an actual or potential hazard to the public or to the occupants of the disabled vehicle.
(b) Such emergency lights shall not be used at any other time unless otherwise prescribed or required by law.
(c) Such emergency lights shall comply with the provisions of RSA 266:78-a through RSA 266:78-q and any rules adopted thereunder pursuant to RSA 541-A.

Source. 1986, 216:4. 1987, 404:11. 1989, 305:19. 2008, 358:15, eff. Sept. 9, 2008. 2018, 66:2, eff. July 24, 2018.

Section 266:110

    266:110 Wrecker Identification. – Every wrecker shall display lettering on both sides of the vehicle in letters that contrast sharply in color with the background and are readily legible during daylight hours from 50 feet while said vehicle is stationary, and kept and maintained in a manner that retains such legibility, indicating the name or trade name of the wrecking service or owner thereof and the city and state in which said vehicle is customarily based. Such marking may consist of a removable device, if said device meets the identification and legibility requirements of this section.

Source. 1986, 216:4, eff. Aug. 5, 1986.

Section 266:111

    266:111 Mechanical Inspection. – The department of safety, pursuant to RSA 266:1, may establish safety inspection requirements for wreckers, and any highway enforcement officer shall have authority to inspect any wrecker at any time to determine its compliance with all applicable statutes and rules. The department of safety, upon finding after a hearing that a wrecker is unsafe or unfit for its intended purpose, may suspend or revoke the registration plates or the right to drive such vehicle upon the ways of the state.

Source. 1986, 216:4. 1988, 288:10, eff. Jan. 1, 1989.

Section 266:112

    266:112 Penalty. – Any person who drives a wrecker on the ways of this state in violation of the provisions of RSA 266:108, RSA 266:109, or RSA 266:110 shall be guilty of a violation.

Source. 1987, 404:19, eff. July 25, 1987.

Street Rods

Section 266:113

    266:113 Equipment Required of Street Rods. –
I. A vehicle registered as a street rod shall be equipped as prescribed by RSA 266 and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A, as they may be applicable to vehicles whose model year is prior to the year 1949.
II. Notwithstanding paragraph I, street rods shall be equipped with the following:
(a) Hydraulic service brakes on all wheels.
(b) Sealed beam or halogen headlamps.
(c) Seat belts for all passengers.
(d) Turn signal lamps and switch.
(e) Safety glass or Lexan.
(f) Electric or vacuum windshield wiper located in front of the driver.
(g) Parking brake operating on at least 2 wheels on the same axle.
III. Notwithstanding the requirements of this subdivision, bumpers, fenders, and hoods shall be optional equipment. Exhaust systems discharging along the side of the vehicle shall be allowed, provided the exhaust discharge point is to the rear of the rear edge of the front door and such system shall exit exhaust gas away from the vehicle.
IV. The ground clearance for a street rod shall be such that the vehicle shall be able to be in motion and functional while on its 4 rims on a flat surface, and no part of the suspension, steering or chassis shall touch that surface. The director may adopt rules, pursuant to RSA 541-A, as are necessary to implement the provisions of this subdivision.

Source. 1992, 214:3, eff. Jan. 1, 1993.

Neighborhood Electric Vehicles

Section 266:114

    266:114 Equipment Required for Neighborhood Electric Vehicles. – Neighborhood electric vehicles shall be equipped in accordance with 49 C.F.R. section 571.500. This equipment shall include headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, a parking brake, a rearview exterior mirror, a rearview interior mirror, a windshield, a windshield wiper, a speedometer, an odometer, braking for each wheel, seat belts, a vehicle identification number, and such other equipment as is required by federal regulations.

Source. 2003, 5:3, eff. June 21, 2003.

Custom Vehicles

Section 266:115

    266:115 Equipment Required of Custom Vehicles. –
I. A vehicle registered as a custom vehicle shall be equipped as prescribed by RSA 266 and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A, as they may be applicable to such vehicles.
II. Notwithstanding paragraph I, custom vehicles shall be equipped with the following:
(a) Hydraulic service brakes on all wheels.
(b) Sealed beam or halogen headlamps or headlamps complying with Federal Motor Vehicle Safety Standard Number 108.
(c) Seat belts for all passengers.
(d) Turn signal lamps and switch.
(e) Safety glass or polycarbonate resin thermoplastic.
(f) Electric or vacuum windshield wipers located in front of the driver and front seat passenger.
(g) Parking brake operating on at least 2 wheels on the same axle.
(h) Headlamps, parking lamps, tail lamps, and brake lamps, which may include blue dot tail lamps.
(i) Bumpers, fenders, and hoods.
III. Exhaust systems discharging along the side of the vehicle shall be allowed on custom vehicles, provided the exhaust discharge point is to the rear of the rear edge of the front door and such system shall direct exhaust gas away from the vehicle.
IV. The ground clearance for a custom vehicle shall be such that the vehicle shall be able to be in motion and functional while on its 4 rims on a flat surface, and no part of the suspension, steering, or chassis shall touch that surface.
V. The director may adopt rules, pursuant to RSA 541-A, as are necessary to implement this subdivision.

Source. 2010, 353:5, eff. Jan. 1, 2011.

Low-Speed Utility Vehicles

Section 266:116

    266:116 Repealed by 2014, 282:8, eff. July 28, 2014. –

Section 266:117

    266:117 Equipment Authorized for Antique Motor Vehicles. – Exhaust systems discharging along the side of the vehicle shall be allowed on antique motor vehicles, provided the exhaust discharge point is to the rear edge of either door if the vehicle has 2 doors and to the rear edge of either rear door if the vehicle has 4 doors, and any such system shall direct exhaust gas away from the vehicle.

Source. 2022, 81:1, eff. July 19, 2022.