DRIVERS' LICENSES

RSA tit. XXI, ch. 263

in effect

RSA 263:1 License Required; Penalty.

263:1. License Required; Penalty. I. No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state unless such person has a valid driver's license, as required under the provisions of this chapter, for the class or type of vehicle being driven. II. Any person who held a driver's license of the appropriate class or type but whose driver's license has been expired for not more than 12 months shall be guilty of a violation or, for a second or subsequent offense shall be guilty of a class B misdemeanor. III. Any person who drives a motor vehicle in this state and who has never had a license shall be guilty of a class B misdemeanor. IV. If a driver's license is of a class of licenses issued by another state exclusively to undocumented immigrants who are unable to prove lawful presence in the United States when the licenses are issued, the driver's license, or other permit purporting to authorize the holder to operate a motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to undocumented immigrants or licenses that are substantially the same as licenses issued to citizens, residents, or those lawfully present in the United States but have markings establishing that the license holder is not lawfully present in the United States. (a) Law enforcement officers or other authorized representatives of the department shall not initiate a traffic stop solely on suspicion of a violation of RSA 263:1, IV. (b) The department, to facilitate the enforcement of this paragraph and to aid in providing notice to the public and visitors of invalid licenses, shall maintain on its website a list of out-of-state classes of driver's licenses that are invalid in this state. The department shall update this list no later than annually. Any state on this list may contact the department to have itself removed from the list if the state can demonstrate in that state's laws or regulations that the type of license listed on the department's website is not issued exclusively to undocumented immigrants. (c) Any person in violation of this statute shall be guilty of a violation. For a second or subsequent offense, the person shall be guilty of a class B misdemeanor. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7, 8. PL 101:1, 9. 1927, 11:2. 1937, 69:1. 1939, 103:1. RL 117:1, 9. 1945, 44:3. RSA 261:1, 13; 262:27-a. 1965, 207:1. 1967, 281:1. 1973, 528:138. 1981, 146:1. 1985, 213:15, eff. Jan. 1, 1986. 2014, 296:1, eff. Jan. 1, 2015. 2025, 280:2, eff. Sept. 30, 2025.

RSA 263:1-a Allowing an Improper Person.

263:1-a. Allowing an Improper Person. No person shall knowingly permit a motor vehicle owned or controlled by him to be driven by a person who is not properly licensed or otherwise entitled to drive. Any person who violates this section shall be guilty of a violation, and if the license or driving privilege of the person allowed to drive is under suspension or revocation, the owner or person in control of the vehicle, notwithstanding title LXII, shall be fined not less than $100. Source. 1985, 213:16, eff. Jan. 1, 1986.

RSA 263:1-b Offenses Committed by Unlicensed Driver.

263:1-b. Offenses Committed by Unlicensed Driver. A person who is convicted of violating RSA 263:1 and is also convicted of a motor vehicle violation, exclusive of a violation of RSA 261:40, RSA 261:59, or RSA 266:5, shall not be entitled to be issued a driver's license sooner than 12 months from the date of the conviction or, if the person has not yet reached the age required for a license, 12 months from the date of eligibility, except that a license may be issued if the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety. Source. 2005, 170:1, eff. Jan. 1, 2006.

RSA 263:1-c Effect of License.

263:1-c. Effect of License. A driver's license issued by the state of New Hampshire is a written declaration to the holder of permission to operate a motor vehicle. Source. 2006, 211:1, eff. June 1, 2006.

RSA 263:1-d Enhanced Drivers' Licenses and Identification Cards.

263:1-d. Enhanced Drivers' Licenses and Identification Cards. I. The department may enter into a memorandum of understanding with any federal agency for the purpose of obtaining approval of an enhanced driver's license or enhanced nondriver's picture identification card as proof of identity and citizenship for persons entering the United States at land and sea ports, in accordance with the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security. II. The department shall adopt rules pursuant to RSA 541-A to implement the program. Source. 2016, 71:9, eff. May 10, 2016.

RSA 263:2 Possession of License Required.

263:2. Possession of License Required. Every person driving a motor vehicle shall have his driver's license upon his person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he produces in the office of the arresting officer evidence that he held a valid driver's license which was in effect at the time of his arrest. Source. 1905, 86:4. 1911, 133:10. 1921, 119:9. PL 101:16. RL 117:18. RSA 261:23, 23-a. 1971, 122:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:4 Driver Limited to One License.

263:4. Driver Limited to One License. No person shall receive a driver's license unless and until he surrenders to the division all valid driver's licenses in his possession issued to him by any other jurisdiction. All surrendered licenses shall be returned by the division to the issuing department together with information that the licensee is now licensed in a new jurisdiction. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7. PL 101:1. 1927, 11:2. RL 117:1. 1945, 44:3. RSA 261:1. 1965, 207:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:5 Application for License.

263:5. Application for License. I. An application for a driver's license may be made by mail or otherwise to the department on a blank prepared under the director's authority. The proper fee shall be deposited before the application is granted. II. The application for a driver's license shall include the following: (a) The full name and current mailing and residential address of the license applicant; (b) A physical description of the applicant, including gender indicated by checking either "M" for "male," "F" for female," or "X" for "other," height, weight, eye and hair color; (c) Date of birth; (d) Applicant's social security number, if required pursuant to RSA 263:40-a; (e) Applicant's signature; (f) Certifications of driver qualification; (g) Any other information required by the department. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7. PL 101:1. 1927, 11:2. RL 117:1. 1945, 44:3. RSA 261:1. 1965, 207:1. 1981, 146:1, eff. Jan. 1, 1982. 2019, 205:4, eff. Jan. 1, 2020.

RSA 263:5-a Application by New Resident.

263:5-a. Application by New Resident. I. When a person who has established residency as provided in RSA 263:35 applies for a driver's license the director shall not issue a driver's license to the applicant until he or she has: (a) Determined the validity of all licenses being surrendered; and (b) Secured a certified copy of the motor vehicle record or records on file in any jurisdiction or jurisdictions in which the applicant has held a license within the past 10 years. II. The director shall establish a new driver record for a person who applies for a driver's license as described in paragraph I and shall include any conviction for an offense which occurred in another jurisdiction as long as such an offense, if committed in this state, would have been included in the driver record. III. The director may issue a temporary driver's license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver's license. The director may refuse to issue a temporary driver's license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others. IV. The period for the temporary license may be extended or the temporary license renewed if the applicant would qualify for a driver's license suspension or revocation under the laws and rules of this state, until an opportunity for a hearing has been provided and a decision made on whether to issue a license. V. The director may satisfy the requirements of subparagraph I(b) by obtaining the applicant's record from the National Driver Record Repository, or by checking the applicant's record through the problem driver pointer system. VI. A person who applies for a driver's license under paragraph I and provides false information shall be subject to the provisions of RSA 260:10 and RSA 263:12. Source. 1989, 384:1. 1995, 85:3. 2013, 180:5, eff. Jan. 1, 2014.

RSA 263:5-b Members of Armed Services; Federal Employees; Spouses; Residency.

263:5-b. Members of Armed Services; Federal Employees; Spouses; Residency. I. Any resident of this state who is on active duty in the armed forces of the United States, or who is employed by the State Department or other agency of the United States government shall not be considered as having lost residence when the sole reason for the person's absence is compliance with military or naval orders that require deployment outside the state of New Hampshire or federal agency or state department orders that require assignment outside of the United States. II. A resident of this state shall not be considered as having lost residence when the sole reason for the person's absence is that he or she is accompanying his or her spouse or parent on a United States armed forces deployment outside the state of New Hampshire or state department or other federal agency assignment abroad. Source. 1996, 128:2. 2008, 282:4. 2013, 185:2, eff. July 2, 2013. 2020, 37:46, eff. July 29, 2020.

RSA 263:5-c Compliance With Federal Selective Service Requirements.

263:5-c. Compliance With Federal Selective Service Requirements. I. When applying for a driver's license or driver's license renewal, any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age may authorize the department to register him with the Selective Service System in compliance with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. app. section 451 et seq., as amended. II. The application form for a driver's license or driver's license renewal shall include a box to check off if the applicant is 18 years of age and wishes to authorize the department to submit the necessary information to the Selective Service System to register the applicant with the Selective Service System in compliance with federal law. The applicant shall not be required to provide his social security number for Selective Service registration purposes. The department shall not release any information pursuant to this section unless the Selective Service System has provided assurance to the department that the Selective Service System shall not transfer to any non-governmental agency any information which the applicant submitted to the department for registration purposes. III. Failure to authorize Selective Service registration as provided in this section shall not be a basis for denying driving privileges to the applicant. IV. The commissioner may charge reasonable fees pursuant to RSA 260:14, XIII, for the collection and release of information to the Selective Service System under this section, provided that no such fee shall be charged to the applicant authorizing registration. Source. 2002, 129:2, eff. July 7, 2002.

RSA 263:5-d Identification.

263:5-d. Identification. The department may require reasonable identification from any applicant for a driver's license. Any person applying for a driver's license may present proof of identity in a form satisfactory to the department, provided that any of the following shall satisfy an identification requirement established pursuant to this section: I. A current United States passport. II. An armed services identification, or other photo identification issued or authenticated by the United States government. III. A photo identification issued by the state of New Hampshire. Source. 2006, 211:2, eff. June 1, 2006.

RSA 263:5-e Residence.

263:5-e. Residence. The department may require that an applicant for a driver's license provide reasonable proof of his or her place of residence. Any person applying for a driver's license may present proof of residence in a form satisfactory to the department, provided that one or more of the following may satisfy a proof of residence requirement established pursuant to this section if it is current and shows the name and address of the applicant: I. A government check or a government document issued by an official in the municipality of residence. II. A paycheck, payroll document, or employment contract. III. A lease or deed. IV. Other documents issued in the ordinary course of business that establish that it is more likely than not that the applicant resides at the place claimed. Source. 2006, 211:2, eff. June 1, 2006.

RSA 263:5-f Application by Residents Without a Permanent Street Address.

263:5-f. Application by Residents Without a Permanent Street Address. I. A resident who is homeless without a permanent street address at the time of application for a driver's license or license renewal may obtain a driver's license, if otherwise qualified, by certifying to the department in writing that he or she is currently a resident in a certain town or city in New Hampshire and by providing a letter signed by an authorized representative of a social service organization or agency qualified under section 501(c)(3) of the Internal Revenue Code stating that the person is authorized to use the address of the organization or agency for purposes of contact by the department. A license issued under this section shall expire one year from the date of issuance. II. A certification of current residency and a current letter authorizing the use of the address of a qualified social service agency or organization shall be submitted to the department in connection with every license issued under this section. The director shall provide the form on which the certification is made. III. Residency for the purposes of this section shall be defined as the expressed intention to continue to reside in the municipality. Source. 2015, 149:1, eff. Aug. 11, 2015.

RSA 263:6 Examination.

263:6. Examination. I. Before a license is granted to any person, the applicant, if not previously licensed to drive a motor vehicle in this state, shall pass such examinations as to the person's qualifications as the director may prescribe. Such examinations may include an examination for visual acuity, knowledge, and road skill as prescribed by the director. All license examinations shall be conducted by department of safety personnel and shall include knowledge questions regarding distracted driving, driving under the influence, and driving during poor weather conditions. No license shall be issued until the director is satisfied that the applicant is a proper person to receive it. No physical defect of an applicant shall prohibit the applicant from receiving a license unless it can be shown by common experience that such defect results in an incapacity to safely drive a motor vehicle, except as provided in RSA 263:13. II. The director may enter into agreements with foreign jurisdictions related to the waiver of road skill examinations for applicants currently licensed in such foreign jurisdictions. The director may adopt rules pursuant to RSA 541-A to enforce the terms of such agreements. Source. 1905, 86:4. 1911, 133:8. 1919, 161:3. 1921, 119:7. PL 101:2. 1931, 144:1. RL 117:2. 1945, 177:1. RSA 261:3. 1967, 376:1. 1981, 146:1. 1999, 290:1, eff. Sept. 14, 1999. 2016, 98:1, eff. July 18, 2016. 2020, 33:4, eff. Sept. 22, 2020.

RSA 263:6-a Informing First-Time Applicants of the DWI and Controlled Drug Laws.

263:6-a. Informing First-Time Applicants of the DWI and Controlled Drug Laws. Before issuing a license to any person who has not been previously licensed to drive a motor vehicle in this state, the department shall inform the applicant of the following: I. It is unlawful to drive with an alcohol concentration of 0.08 or more, or, in the case of a person under 21 years of age, 0.02 or more. I-a. It is unlawful for any person to manufacture, possess, have under his or her control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled substance, except as authorized by law. II. The penalties for violations of the DWI laws. III. The administrative license suspension penalties for a refusal to take, or a failure to complete, a preliminary breath test or, upon arrest, any physical or chemical test for the purpose of determining a level of alcohol in your system. IV. The fee for reissuance of a driver's license after suspension for any of the reasons stated above. V. The penalties for unlawful transportation of an alcoholic beverage by a person under 21. VI. The penalties for unlawful possession of an alcoholic beverage by a person under 21. VII. Any other information concerning driving responsibility that the director deems necessary. Source. 1997, 323:1. 2006, 143:1, eff. July 21, 2006.

RSA 263:6-c Blind Pedestrian Information and Examination.

263:6-c. Blind Pedestrian Information and Examination. I. Before issuing or renewing a driver's license, the department shall inform the applicant of the provisions of RSA 265:41 and other safety issues respecting blind pedestrians. II. The examination required by RSA 263:6 shall include testing of the applicant's knowledge of motor vehicle safety respecting blind pedestrians. Source. 2008, 16:1, eff. July 11, 2008.

RSA 263:6-d Reporting Medically Unfit Person; Immunity.

263:6-d. Reporting Medically Unfit Person; Immunity. Any licensed health care provider who reasonably and in good faith believes a person cannot safely operate a motor vehicle based on clinical evaluation appropriate to his or her practice and who reports such to the division of motor vehicles shall be immune from any civil or criminal liability that might otherwise result from making the report. All reports made and medical records reviewed and maintained by the division of motor vehicles pursuant to this section shall be considered motor vehicle records under RSA 260:14. Source. 2014, 258:1, eff. Jan. 1, 2015.

RSA 263:7 Reexamination.

263:7. Reexamination. I. The director may require with cause any person holding a license to drive motor vehicles or applying for reissue of such license to pass such examination as to the person's qualifications as the director shall prescribe. Such reexamination may include an examination for visual acuity as prescribed by the director. All license examinations shall be conducted by department of safety personnel. No license shall be reissued to such person or continued in effect until the director is satisfied as to such person's fitness to drive a motor vehicle. The age of the license holder shall not constitute cause for reexamination under this section. II. The director may waive reexamination requirements for a driver who previously held a valid commercial driver license and subsequently had that commercial privilege become inactive as a result of the expiration of his or her medical certification and then obtains a valid medical certification within 24 months of entering the inactive status. Source. RSA 261:3-a. 1955, 294:1. 1957, 25:1. 1963, 271:1. 1967, 376:2. 1981, 146:1. 1999, 290:2. 2011, 79:1, eff. July 15, 2011. 2014, 35:1, eff. July 26, 2014.

RSA 263:8 Examiners Not Liable.

263:8. Examiners Not Liable. Examiners of drivers in the employ of the department, when engaged in their official duties, shall not be liable for the acts of any person who is being examined and shall be afforded the protection of RSA 99-D. Source. 1921, 119:8. PL 101:11. RL 117:12. 1949, 189:5. RSA 261:4. 1981, 146:1. 1987, 212:2. 1999, 290:3, eff. Sept. 14, 1999.

RSA 263:9 Notice of Change of Licensee's Name or Address.

263:9. Notice of Change of Licensee's Name or Address. Whenever any person who has been duly licensed to drive a motor vehicle within this state shall change his or her legal name or his or her permanent residence or his or her mailing address, he or she shall notify the director in writing of such change within 30 days. Source. 1945, 44:4. RSA 261:2. 1981, 146:1, eff. Jan. 1, 1982. 2015, 243:4, eff. Jan. 1, 2016.

RSA 263:10 License Expiration.

263:10. License Expiration. I. Except as provided in RSA 263:5-f, I, RSA 263:14, and RSA 263:39-a, III, all licenses shall expire on the fifth anniversary of the license holder's date of birth following the date of issuance. The department shall notify each holder of a license by mail addressed to the holder's last known address, or, if the license holder has so elected, by electronic, telephonic, or other means, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new license and any availability of electronic license renewal. II. Notwithstanding paragraph I, the director may adopt rules pursuant to RSA 541-A providing for the renewal of driver licenses by applicants on-line rather than by appearing in person; provided that the applicant is otherwise eligible for license renewal, is not required to submit to a road test under the provisions of RSA 263:7, has submitted proof sufficient to the director that he or she meets the visual acuity requirements for licensing, and has a computerized image on file with the division. A license may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a licensing facility. III. Notwithstanding paragraphs I and II, the director may issue temporary licenses to youth operators who are transitioning pursuant to RSA 263:14 to operators' licenses, up to 30 days prior to their twenty-first birthday, provided that the physical license is delivered only on or after their twenty-first birthday. This temporary license shall be valid for driving purposes only until the new license is issued, and it shall remain valid for up to 60 days after the expiration of the youth operator's license. For all online renewals, a transaction receipt issued upon renewal through the division of motor vehicles website, when accompanied by the existing driver's license, shall serve as the temporary license and proof of renewal. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7. PL 101:8. 1937, 113:5. RL 117:8. 1949, 170:1. 1953, 85:1. RSA 261:12. 1963, 184:3. 1971, 478:2. 1981, 146:1. 2001, 91:8. 2002, 83:1. 2005, 267:2. 2008, 282:5. 2010, 332:1, eff. Sept. 18, 2010. 2015, 149:2, eff. Aug. 11, 2015. 2026, 74:1, eff. July 1, 2026.

RSA 263:11 License Expiration; Members of the Armed Forces; Federal Employees; Spouses.

263:11. License Expiration; Members of the Armed Forces; Federal Employees; Spouses. I. Any person who is a member of the armed forces of the United States and who, at the time of induction, call to active duty, or enlistment in the armed forces for 2 or more years, was a resident of this state and was a holder of a valid New Hampshire license to drive motor vehicles in this state, is entitled to renewal of such license without cost by application to the division. Said application must be accompanied by a letter giving date of expiration of active duty, signed by a commissioned officer. Such a person while driving a motor vehicle shall carry upon his or her person the license issued. The privilege of this section remains in effect for 90 days after the discharge or release of such a person from active duty. Nothing in this section permits a person against whom a revocation or suspension of license is in force, or a person who has been refused a license by the director, to drive a motor vehicle. II. Any member of the national guard who is called to military service or mobilized for a period of 60 days or more, and who was a resident of this state and was a holder of a valid New Hampshire license to drive motor vehicles in this state, is entitled to renewal of such license without cost or penalty by application to the division. Said application must be accompanied by a letter giving a projected date of expiration of said service, signed by a commissioned officer. Such a person while driving a motor vehicle shall carry upon his or her person the license issued. III. (a) A person who, at the time of license expiration, is deployed on active duty in the armed forces of the United States or serving in the national guard outside the state of New Hampshire, is a federal employee assigned to a location outside the United States, or is the spouse of any such person accompanying his or her spouse during the deployment, service, or assignment, may renew his or her license by mail, provided the person has a computerized image on file with the division. (b) If such person does not have an image on file with the division, he or she may request that a license be issued without a picture. This non-photo license shall only be valid when accompanied by a military or United States government employee or dependent photo identification. The person shall obtain a photo identification within 30 days of returning to this state. IV. If a person renews his or her license by mail pursuant to paragraph III, the subsequent license renewal shall require an appearance in person at the licensing facility, except that if the person is on active duty outside of the state of New Hampshire in the armed forces of the United States for a period covering more than one license expiration, the person may renew his or license by mail as many times as is necessary during the period of active duty. Source. 1951, 97:2. 1953, 203:1. RSA 261:15. 1965, 298:1. 1967, 68:1. 1981, 146:1. 1996, 128:3. 2007, 159:1. 2013, 185:3, eff. July 2, 2013.

RSA 263:12 Prohibitions.

263:12. Prohibitions. It shall be a misdemeanor for any person to: I. Display or cause or permit to be displayed any fictitious, or fraudulently altered driver's license or permit. I-a. Display or cause or permit to be displayed any revoked or suspended driver's license or permit while operating a motor vehicle. II. Lend his driver's license or permit to any other person or knowingly permit the unlawful use thereof by another. III. Display or represent as one's own any driver's license or permit not issued to him by proper authority. IV. [Repealed.] V. Use a fictitious or false name in any application for a driver's license or permit or knowingly make a false statement, or knowingly conceal a material fact or otherwise commit a fraud in any such application. VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated license to drive a motor vehicle unless specifically authorized by the director. VII. Photograph, photostat, duplicate, or in any manner reproduce any license to drive a motor vehicle or facsimile thereof in such a manner that it could be mistaken for a valid license, or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless specifically authorized by the director. VIII. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated nondriver's identification card provided under RSA 260:21, RSA 260:21-a, or RSA 260:21-b. IX. Photograph, photostat, duplicate, or in any manner reproduce any official nondriver's identification card or facsimile thereof, in such a manner that it could be mistaken for a valid identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the director. X. Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department. Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency. Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification. Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale. This paragraph shall not prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder's consent as part of a sale of merchandise to a pawnbroker, scrap metal dealer, or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise. The pawnbroker, scrap metal dealer, or secondhand dealer shall not retain the scanned information in electronic form transmitted to a law enforcement database, unless required by local regulation, and shall not furnish the information to anyone except a law enforcement officer. The pawnbroker, scrap metal dealer, or secondhand dealer may maintain in a log or other document the name and address of the person whose license was scanned along with a description of the items the individual sold, pawned, or purchased, and shall allow such log or document to be examined by a law enforcement official upon request. Nor shall this paragraph prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder's consent to a licensed real estate broker for the purpose of identifying ownership as part of a sale of real property. The real estate broker shall not retain the scanned license for a period of longer than the closing date or when requested by the license holder. Source. RSA 261:22-a, 22-b. 1963, 150:1. 1973, 528:137. 1981, 146:1, 479:22, 41. 2002, 242:1, eff. Jan. 1, 2003. 2015, 228:1, eff. Sept. 11, 2015. 2016, 71:10, eff. May 10, 2016. 2020, 33:14, eff. July 24, 2020. 2023, 221:2, eff. Aug. 4, 2023. 2024, 299:1, eff. Jan. 1, 2025; 328:7, eff. Jan. 1, 2025. 2025, 141:102, eff. July 1, 2025.

RSA 263:13 Restricted Licenses.

263:13. Restricted Licenses. I. The department, upon issuing a driver's license, may for good cause impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may drive or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe driving of a motor vehicle by the licensee. II. The department may issue a restricted license to a person who can safely drive a motor vehicle during daylight hours, but who, for medical reasons, can not safely drive a motor vehicle during darkness. III. The department may either issue a special restricted license or may set forth such restrictions upon the usual license form. IV. The department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter. V. It is a violation for any person to drive a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. VI. If the department issues a license restricting the holder's operation because of a visual impairment or deficiency, the director shall enter a rescission of the restriction in the records of the department if the holder of the license has received surgery to correct his or her vision and now has a visual acuity of 20/40 or better as verified by a test administered by the department at no cost to the holder. Source. 1945, 177:2. RSA 261:5. 1979, 358:2, I. 1981, 146:1; 279:1, 3. 2007, 217:1, eff. Jan. 1, 2008.

RSA 263:14 Original and Youth Operators' Licenses.

263:14. Original and Youth Operators' Licenses. I. The director, upon receiving proper application for an original driver's license, may in the director's discretion issue a license designated as an original, with such designation to be effective until the fifth anniversary of the license holder's date of birth following the date of issuance to allow such applicant to gain proper driving habits, attitudes, and experience. II. (a) The director shall issue a youth operator's license to applicants who are 16 years of age or older and under 21 years of age. The youth operator license shall expire on the 21st anniversary of the applicant's date of birth. In addition to any other requirements established by law, no such license shall be issued to applicants under 18 years of age unless the applicant meets the requirements of RSA 263:17 or furnishes written consent from the applicant's parent or legal guardian and a certificate of successful completion of a driver education course as provided in RSA 263:19. (b) The holder of a youth operator's license shall not operate a motor vehicle between the hours of 1:00 a.m. and 4:00 a.m., nor shall such holder operate a motor vehicle when the number of occupants exceeds the number of safety restraints in the vehicle. (c) During the first 6 months after issuance of the license, the holder of a youth operator's license shall not operate a motor vehicle with more than one passenger less than 25 years of age who is not a member of the holder's family unless accompanied by a licensed responsible adult who is at least 25 years of age. (d) Violation of RSA 263:14, II, (b) or (c) shall subject the violator to a fine not to exceed $100 and a license suspension not to exceed 30 days. Subsequent violations shall subject the violator to a fine of not more than $200 and a license suspension of up to 90 days. (e) This paragraph shall not apply to drivers licensed under RSA 263:21. (f) The restrictions set forth in RSA 263:14, II(b), (c), and (d) shall not apply to drivers who are over 18 years of age. (g) [Repealed.] III. (a) The director is authorized to revoke or suspend any original license held by a person under 20 years of age after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense, excluding the offenses of RSA 261:40, RSA 261:59, and RSA 266:5, following the issuance of an original license for which the original license holder has been convicted. (b) The periods of suspension or revocation set forth in subparagraph III(a) of this section shall be as follows: (1) For a first offense, a minimum of 20 days, but not more than 40 days. (2) For a second offense, a minimum of 45 days, but not more than 90 days. (3) For a third or subsequent offense, a minimum of 90 days, but not more than 180 days. A condition of license reinstatement for a person convicted of a third or subsequent offense is the successful completion of an approved in-person driver program in accordance with Saf-C 212.08, regardless of the speeds traveled for each offense. (c) A suspension or revocation imposed under this section shall not run concurrently with any other penalty imposed under the provisions of title XXI. (d) The director, after hearing, may suspend or revoke an original license or any license held by a person under 20 years of age for good cause upon receipt of proper evidence or information of misconduct, misuse, or abuse of such driving privileges. Circumstances constituting misuse, abuse, or misconduct of driving privileges shall include driving behavior which poses an immediate hazard to the operator or to the safety or property of others on or near the roadway, or, when considered with other driving offenses, which demonstrates a repeated disregard for public safety. (e) Notwithstanding RSA 605:6 or any provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of an original license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea. (f) The director, after a hearing, may suspend or revoke a youth operator's license upon receipt of proper evidence or information that the holder was involved in an accident resulting in death or serious bodily injury while the youth operator was operating a motor vehicle in violation of any prohibition or restriction in this section. A suspension under this subparagraph may be in effect for up to 12 months while the appropriate law enforcement agency is investigating the accident. IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of RSA 265:107-a, I-a. V. In addition to the other requirements of this section, the holder of a youth operator's license who is convicted of an offense under RSA 265-A, 265:79, or convicted of a violation of RSA 265:60 in excess of 30 miles per hour above the posted speed limit, shall not be eligible for reissuance of a license for a minimum of 90 days, consecutive to any court-imposed license suspension, and until the person has completed an approved in-person driver attitude program in accordance with Saf-C 212.08. Should the license holder complete the program during the period of suspension, up to 60 days of the suspension may be stayed until they turn 21, so long as they have no further motor vehicle moving violations. As an additional requirement for reinstatement, the director may require the license holder to attend an additional hearing and demonstrate to the director's satisfaction that they will operate a motor vehicle in a safe and lawful manner. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety. VI. Any law enforcement agency that makes an arrest or issues a summons for a youth operator violation of RSA 265-A, RSA 265:79, or RSA 265:60 in excess of 30 miles per hour above the posted speed limit shall submit a DSMV 384 request for administrative action to the director within 10 days of the violation. Source. RSA 261:11-a. 1959, 285:1. 1975, 382:4. 1979, 358:2, II. 1981, 146:1. 1997, 257:1. 1999, 227:2. 2000, 306:1. 2001, 89:1; 91:9. 2002, 83:2, 3. 2003, 170:1, 2. 2004, 173:1-4, 6. 2005, 170:2. 2010, 86:1, eff. Jan. 1, 2011. 2015, 113:1, eff. Aug. 7, 2015. 2017, 241:1, eff. Sept. 16, 2017. 2025, 251:1, 2, eff. Jan. 1, 2026.

RSA 263:14-b Driver's License Compliant with Public Law 109-13.

263:14-b. Driver's License Compliant with Public Law 109-13. The department of safety may issue, upon request, drivers' licenses which meet the standards of the Real ID Act of 2005, Public Law 109-13, and its implementing regulations, including but not limited to 6 C.F.R. part 37. The department shall upon application issue a driver's license that complies with Public Law 109-13 to any resident who: I. Pays the required fee; II. Does not hold any other driver's license or nondriver's picture identification card; III. Agrees to have his or her facial image, signature, and social security number retained by the department; and IV. Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency. Source. 2016, 71:11, eff. May 10, 2016.

RSA 263:14-c Enhanced Driver's License.

263:14-c. Enhanced Driver's License. The department of safety may issue, upon request, enhanced drivers' licenses as proof of identity and citizenship for persons entering the United States at land and sea ports which meet the standards of the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security, and its associated regulations, including but not limited to Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere, 73 Fed. Reg. 18,384, Apr. 3, 2008. The department shall upon application issue an enhanced driver's license to any resident who: I. Pays the required fee; II. Does not hold any other driver's license or nondriver's picture identification card; III. Agrees to have his or her facial image, signature, and social security number retained by the department; and IV. Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency. Source. 2016, 71:11, eff. May 10, 2016.

RSA 263:15 Payment of Tax as Condition of License.

263:15. Payment of Tax as Condition of License. No official or other person shall issue a license to drive a motor vehicle, without first requiring the applicant to make an affidavit under the penalties of perjury that all resident taxes for which he is liable for the preceding year have been paid. Source. 1953, 173:2. RSA 260:5. 1955, 39:2; 50:17; 125:1. 1973, 531:88. RSA 261:24. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:16 Age Limit.

263:16. Age Limit. No driver's license shall be issued to any person under 18 years of age and it shall be unlawful for any person under 18 years of age to drive a motor vehicle on the ways of this state, except as provided in RSA 263:19, 20, 21, 23 and 25. Source. 1911, 133:8. 1921, 119:7. PL 101:3. RL 117:4. 1953, 125:1. RSA 261:6. 1965, 339:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:17 Special Requirements for Minors.

263:17. Special Requirements for Minors. No person under the age of 18 years shall be issued a driver's license unless the person's father, mother, or guardian, or, in the event there is no parent or guardian, another responsible adult, gives written permission for the issuance of such license, insurance coverage is presented at the time of application or the person under 18 is emancipated by marriage. Source. RSA 260:8-a. 1957, 214:3; 308:2. 1981, 146:1. 1987, 404:3, eff. July 25, 1987.

RSA 263:18 Cancellation of Minor's License.

263:18. Cancellation of Minor's License. Upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license as required by RSA 263:17, the division may cancel such license and, upon such cancellation, shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. Source. RSA 261:25. 1965, 207:2. 1981, 146:1. 1987, 404:28, eff. July 25, 1987.

RSA 263:19 Driver Education.

263:19. Driver Education. I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his or her sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers' school licensed under the provisions of this chapter. An approved driver education course licensed under this chapter, shall consist of not less than 30 hours of classroom instruction, not less than 10 hours of behind the wheel driver training and not less than 6 hours of observation, in accordance with rules adopted pursuant to RSA 541-A, published by the commissioner of safety, such standards to be not less than those presently required. The classroom instruction shall include 45 minutes of a nationally-recognized motorcycle safety education course approved by the director and 45 minutes of a nationally-recognized tractor-trailer safety education and awareness course approved by the director. No more than 15 hours of the classroom instruction may be satisfied through the completion of an online driver education course. The commissioner may enter into contracts for assistance in developing, assisting, and conducting an online driver education course. The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers' school courses. II. To qualify for a driver's license under this section, a person under the age of 18 shall also certify the completion of 40 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25, and that at least 10 of the hours of additional supervised driving time were during the period from 1/2 hour after sunset to 1/2 hour before sunrise. The commissioner shall adopt rules relative to the method of certification. III. Any person who wishes to obtain a motorcycle endorsement shall not be required to complete the 40 hours of practice driving time specified in paragraph II, but shall successfully complete a program authorized pursuant to RSA 263:34-b, except that no such endorsement shall be required for the operation of an autocycle. IV. Any person wishing to qualify for a driver's license who submits proof that the person has a disability covered by the Americans with Disabilities Act may request a waiver of a requirement of this section from the commissioner. The commissioner or his or her agents may approve such requests at their discretion. Source. RSA 261:6-a. 1965, 339:2. 1981, 146:1. 1999, 157:2; 290:4; 297:6-8. 2002, 83:4. 2006, 59:1. 2009, 6:1. 2010, 368:27, eff. Dec. 31, 2010. 2014, 273:1, eff. Sept. 26, 2014. 2015, 222:4, eff. July 1, 2015. 2019, 62:1, eff. Aug. 4, 2019.

RSA 263:20 Driver Education; Reciprocity.

263:20. Driver Education; Reciprocity. I. The provisions of RSA 263:19 shall not prevent the issuance of a driver's license to any individual who can provide satisfactory evidence of completion of a course of driver education, approved by the state in which the course is offered, provided that the commissioner of safety shall determine that such course is essentially equivalent to the state's minimum standards. The commissioner shall take all reasonable steps to facilitate appropriate interstate driver education. The commissioner shall include in its report pursuant to RSA 20:7, a report to the general court on the progress of reciprocal driver education. II. The commissioner of safety shall develop and adopt rules, pursuant to RSA 541-A, relative to driver education reciprocity, including procedures for submitting a request for reciprocal recognition of driver education and the evaluation of such requests, including criteria for determining whether the education meets the state's minimum standards. Source. RSA 261:6-b. 1965, 339:2. 1981, 146:1. 1993, 59:1. 1999, 130:1. 2008, 352:1, eff. July 7, 2008. 2015, 259:26, eff. July 1, 2015. 2022, 235:1, eff. Aug. 16, 2022.

RSA 263:21 Exception.

263:21. Exception. The director, upon being satisfied that no readily available means of transportation exist to and from a school and that the provisions of RSA 263:19 would cause undue hardship, may permit a driver's license, limited to use to and from school and school assignments, to be issued to a person who has attained his sixteenth birthday and is under 18 years of age who has not completed an approved driver education program, if the other requirements of this chapter are met by such person. Source. RSA 261:6-c. 1965, 339:2. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:22 Suspension of Age Requirement.

263:22. Suspension of Age Requirement. In addition to the other powers of the director, during any war emergency and until April 1 next succeeding the termination thereof, he shall have authority to issue a commercial driver's license to any person between the ages of 16 and 18 otherwise duly qualified. During said period the provisions of RSA 263:27, inconsistent with the provisions hereof, are hereby suspended. Said license shall be restricted to the driving of motor vehicles of 18,000 pounds manufacturers' rating or less. Source. 1951, 97:3. RSA 261:8. 1981, 146:1. 1989, 319:19, eff. July 1, 1989.

RSA 263:24 Age of School Bus Driver; Certification.

263:24. Age of School Bus Driver; Certification. No person shall drive a school bus as provided in RSA 266:7 unless he is 18 years of age or over and has been certified for said driving by the school board, as provided in RSA 263:29. Source. 1945, 90:2. RSA 263:29. 1965, 207:3. 1973, 72:57. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:25 Exception for Persons Learning to Drive.

263:25. Exception for Persons Learning to Drive. I. Except as provided in paragraph II, a person who does not possess a driver's license may drive a motor vehicle while being taught to drive, when accompanied by a person holding a driver's license of the appropriate class and type for the vehicle being driven, who is occupying the seat beside, or, in the case of a commercial vehicle, immediately adjacent to, the person who is being taught to drive. This exception shall not apply to persons whose driving privileges or driver's licenses have been suspended or revoked for cause, persons less than 15 1/2 years of age, and persons learning to drive commercial motor vehicles unless they meet the requirements of paragraph II. For all unlicensed drivers the person accompanying them shall be a certified driving instructor, parent, legal guardian, or responsible adult who is 25 years of age or older and who is a licensed driver. The person accompanying the unlicensed driver shall be liable for the violation of any provision of this title or rules adopted hereunder committed by such unlicensed driver. A person who is learning to drive pursuant to the provisions of this section shall have in his or her possession proof of the fact he or she meets the age requirement. II. In the case of a person learning to drive a commercial motor vehicle, the person may not drive as provided in paragraph I unless he or she is at least 18 years of age and unless he or she: (a) has a valid noncommercial driver's license; and (b) has been issued a learner permit pursuant to RSA 263:88. Source. 1905, 86:5. 1911, 133:9. 1913, 81:4. 1921, 119:8. PL 101:10. 1941, 100:1. RL 117:10. 1949, 189:4. RSA 261:14. 1961, 231:1. 1981, 146:1. 1989, 315:1; 319:20. 1990, 262:1. 2013, 146:1, eff. Aug. 27, 2013. 2019, 276:1, eff. July 19, 2019.

RSA 263:27 Age Limitation for Commercial Driver Licenses.

263:27. Age Limitation for Commercial Driver Licenses. A commercial driver license shall be issued to any person who has passed a commercial driver's examination. No such license shall be issued to any person less than 18 years of age. Source. 1911, 133:8. 1921, 119:7. PL 101:14. RL 117:16. 1949, 189:7. RSA 261:21. 1967, 341:5. 1981, 146:1. 1989, 319:21, eff. July 1, 1989.

RSA 263:28 Commercial Licenses; Members of the National Guard.

263:28. Commercial Licenses; Members of the National Guard. Any member of the New Hampshire national guard while on active state duty as provided in RSA 110-B:6 may drive a commercial motor vehicle, as defined in RSA 259:12-e, without being specifically licensed as a commercial driver by the director. Notwithstanding any other provision of law to the contrary, a member of the New Hampshire national guard may drive such vehicle pursuant to his duties with the national guard, provided he has been qualified by the national guard for the driving of a vehicle of that type. Source. RSA 261:15-a. 1979, 358:2, III. 1981, 146:1. 1989, 319:16, eff. July 1, 1989.

RSA 263:29 School Bus Driver's Certificate.

263:29. School Bus Driver's Certificate. I. The owner of any school bus or provider of school transportation vehicle services transporting children to and from any private or public school, or the owner of any bus owned or used by a religious organization or a nonprofit organization used exclusively as a bus for the transportation of its members in connection with functions of the organization, shall submit to the authorities in the town or city or to the organization which pays for said transportation a list of names of the persons who are to drive the buses or school transportation vehicles used in such transportation. Such authority shall submit the list of names to the department requesting an investigation of each driver's criminal and motor vehicle record. If such driver is found to be qualified to bear the responsibility of such transportation, the division shall cause said driver to be examined under the rules adopted pursuant to RSA 265:58. No person shall drive a school bus or school transportation vehicle unless he or she has satisfactorily passed the special examination for said driving or has provided proof of being currently certified to drive a school bus in a qualifying jurisdiction and received from the division a special school bus driver's certificate for a school bus or school transportation vehicle. The director may revoke such special school bus driver's certificate for good cause shown. II. The director of the division of motor vehicles may evaluate the school bus driver credentialing standards, training, and testing of other states in the United States to determine which states meet or exceed the requirements established by New Hampshire rules. III. In this section: (a) "Qualifying jurisdiction" means any state that the director of the division of motor vehicles determines meets the standard set forth in paragraph II. (b) "State" means any state, territory, or possession of the United States and the District of Columbia. Source. 1945, 90:1. 1949, 114:4. RSA 263:28. 1955, 204:1. 1961, 251:5. 1981, 146:1. 1985, 213:17. 1989, 305:8, eff. July 1, 1989. 2024, 86:3, eff. Aug. 13, 2024. 2026, 180:1, eff. Aug. 18, 2026.

RSA 263:29-a School Bus Driver Qualification Files.

263:29-a. School Bus Driver Qualification Files. I. The employer of a school bus driver or provider of school transportation vehicle services shall maintain, and the department shall have access to, a file on each person qualified to operate a school bus or school transportation vehicle as provided in RSA 263:29. Except in the case of contents not applicable to or required of providers of school transportation vehicle services under rules adopted by the director, the file shall include the following: (a) The driver's application for employment. (b) The medical examiner's certificate. (c) The results of the driver road test, if such test is otherwise required by law. (d) Certifications of road test, if otherwise required by law. (e) Annual driver certification of violations. (f) Inquiry to previous employers, covering the 3 years prior to the driver's application for employment. (g) Inquiry to state agencies. (h) Annual review of driving record. (i) Controlled substances test results, if otherwise required by law. (j) Driver training documentation. (k) Copy of driver license and school bus certificate. II. In addition to other rulemaking authority provided by law, the commissioner shall have authority to adopt rules, pursuant to RSA 541-A, relative to the operation of school buses and school transportation vehicles as well as the requirements for and filing of accident reports. Source. 1996, 19:2, eff. July 1, 1996. 2024, 86:4, eff. Aug. 13, 2024.

RSA 263:29-b Positive Tests for Illegal Drugs.

263:29-b. Positive Tests for Illegal Drugs. A holder of a school bus driver's certificate who tests positive on a random or scheduled drug test for the presence of any illegal controlled drug in his or her system shall have his or her school bus driver's certificate revoked by the director for a minimum of 2 years. Source. 2010, 221:1, eff. June 28, 2010.

RSA 263:30 Motorcycle License.

263:30. Motorcycle License. I. No person may drive any motorcycle unless he or she holds a motorcycle license or endorsement, a 3-wheeled motorcycle endorsement, or a motorcycle learner's permit. A person who holds a motorcycle license or endorsement or a motorcycle learner's permit may drive any registered 2-wheeled or 3-wheeled motorcycle without holding any other class of driver's license. A person who holds a restricted 3-wheeled motorcycle endorsement may drive any registered 3-wheeled motorcycle without holding any other class of driver's license, but shall not drive any 2-wheeled motorcycle. II. The fine for a violation of this section shall be $100. Source. 1905, 86:5. 1911, 133:8. 1921, 119:7. PL 101:7. RL 117:7. 1949, 189:3. RSA 261:11. 1967, 341:3; 415:4. 1975, 382:3. 1981, 146:1. 2005, 177:40. 2011, 25:2, eff. April 28, 2011. 2017, 71:1, eff. Aug. 1, 2017.

RSA 263:30-a Autocycle License Not Required.

263:30-a. Autocycle License Not Required. No person shall operate an autocycle unless he or she has a valid driver's license. Source. 2015, 222:5, eff. July 1, 2015.

RSA 263:31 Motorcycle Licenses; Waiver of Driving Examination.

263:31. Motorcycle Licenses; Waiver of Driving Examination. The department shall cause to be issued a motorcycle license for persons without a driver's license or an endorsement on the driver's license for persons who have a driver's license, for all applicants who successfully complete the requirements for a motorcycle license. The department shall cause to be issued a restricted motorcycle license for persons who have a driver's license, for all applicants who successfully complete the requirements for a restricted motorcycle endorsement. Applicants for such license or endorsement shall furnish proof of their fitness to drive a motorcycle as the director shall in his or her discretion determine. Such proof shall include the applicant's passing a driver examination conducted on a motorcycle. The examination for a restricted motorcycle endorsement and the examination for a 3-wheeled motorcycle restriction shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate safely the specific type of motorcycle for which the restriction is issued. The director may waive the requirement for such a driving examination upon receipt of adequate evidence of experience in driving a motorcycle by an applicant under such rules as the director may deem necessary, or proof that the applicant has successfully completed a state-approved motorcycle rider education course. No person may take the motorcycle driver examination more than twice; any person who fails to pass the examination twice shall be required to successfully complete the motorcycle rider education program under RSA 263:34-b. No person shall drive a motorcycle on a way of this state, unless such person is duly licensed to drive a motorcycle by a motorcycle license, restricted motorcycle license, or endorsement issued under this section, or holds a permit under RSA 263:32. No person shall knowingly authorize or allow the driving of a motorcycle owned by him or her or in his or her charge on a way of this state by any person who does not hold a motorcycle license, restricted motorcycle license, or endorsement or motorcycle learner's permit. Source. RSA 261:10-a. 1967, 415:1. 1975, 382:1. 1981, 146:1. 1989, 331:3. 2006, 74:1. 2011, 25:3, eff. April 28, 2011. 2017, 71:2, eff. Aug. 1, 2017.

RSA 263:32 Motorcycle Learner's Permit.

263:32. Motorcycle Learner's Permit. I. Upon application, the department shall issue a motorcycle learner's permit to a person 18 years of age or older or a person who is 16 years of age or older and under 18 years of age who has successfully completed an approved driver education course and has a valid New Hampshire driver's license. Applicants for such permit shall furnish proof of their fitness to drive a motorcycle as the director in his or her discretion shall determine. Such proof of fitness shall include either passage of a written basic motorcycle knowledge test approved by the commissioner and the motorcycle rider education program advisory committee or successful completion of the motorcycle rider education program under RSA 263:34-b, but shall not include a driver examination. II. A motorcycle learner's permit shall permit the holder of such a permit to drive a motorcycle on any way after sunrise and before sunset. The holder of a motorcycle learner's permit shall not carry any passengers when he drives on any way. III. The permit shall be valid for 45 days from the date of issuance, expiration of the renewal period, or until the holder of the permit obtains a special license to drive motorcycles, whichever is sooner. Upon application, the department shall issue a one-time renewal of a motorcycle learner's permit which shall be valid for an additional 45 days from the date of issuance. Source. RSA 261:10-b. 1975, 382:2. 1977, 44:1. 1981, 146:1. 1989, 305:10. 2006, 74:2. 2012, 121:1, 2, eff. Aug. 4, 2012. 2022, 139:1, eff. Aug. 6, 2022.

RSA 263:33 Driving Mopeds.

263:33. Driving Mopeds. No person may drive a moped upon any way in this state unless he or she holds a current valid driver's license issued by any state, a motorcycle license issued pursuant to RSA 263:31 or a restricted motorcycle license. A person who holds a restricted motorcycle license may drive any moped without holding any other class of driver's license. Source. RSA 261:11-b. 1976, 4:13. 1979, 11:1. 1981, 146:1; 301:1, 4, eff. Jan. 1, 1982 at 12:01 a.m. 2017, 71:3, eff. Aug. 1, 2017.

RSA 263:33-a Moped License; Driving Mopeds.

263:33-a. Moped License; Driving Mopeds. The department shall cause to be issued a restricted license for persons without a driver's license or motorcycle license for all applicants who successfully complete the requirements for a restricted license. Applicants for such license shall be required to pass a written examination prepared by the director. No person shall drive a moped on a way of this state unless such person possesses a driver's license or restricted motorcycle license or is duly licensed to drive a moped by a license issued under this section. No person shall knowingly authorize or allow the driving of a moped owned by the person or in his or her charge on a way of this state by any person who does not hold a driver's license, a motorcycle license, or a moped restricted motorcycle license. Source. 1981, 301:5, eff. Jan. 1, 1982 at 12:01 a.m. 2017, 71:3, eff. Aug. 1, 2017.

RSA 263:33-b Applicability to Mopeds.

263:33-b. Applicability to Mopeds. Notwithstanding any other provision of law to the contrary, the holder of a restricted motorcycle license shall be subject to all of the provisions of this title relative to licenses to which motorcycle licensees are subject including, but not limited to, revocation and suspension provisions and offenses related to the possession or failure to possess a license or permit. Source. 1981, 301:5, eff. Jan. 1, 1982 at 12:01 a.m. 2017, 71:3, eff. Aug. 1, 2017.

RSA 263:34-a Definitions.

263:34-a. Definitions. In this chapter: I. "Chief instructor" means a licensed motorcycle driver who meets the standards established by the director to qualify to train and oversee instructors for the motorcycle rider education program. II. "Fund" means the motorcycle rider safety fund created in RSA 263:34-e. III. "Motorcycle rider education program" means the motorcycle training and information disbursement plan created in RSA 263:34-b. IV. "Program coordinator" means the person designated by the director to plan, organize, and administer the motorcycle rider education program as provided in RSA 263:34-b, II. V. "Rider training course" means a motorcycle rider education curriculum and delivery system approved by the director. VI. "Training specialist" means the person designated by the director to fulfill the obligations stated in RSA 263:34-b, III. Source. 1989, 331:1, eff. July 1, 1989.

RSA 263:34-b Motorcycle Rider Education Program.

263:34-b. Motorcycle Rider Education Program. I. The director shall establish standards for and shall administer the motorcycle rider education program. The standards shall include, but not be limited to, standards for a nationally accepted and state-approved rider training course. The director may expand the program to include public awareness, alcohol and drug effects, driver improvement for motorcyclists, licensing improvement, program promotion, or other motorcycle safety programs. II. The director shall appoint a program coordinator who shall oversee and direct the program by setting program and funding guidelines, and conduct an annual evaluation. III. The director may also appoint one or more training specialists who shall assist in establishing rider training courses throughout the state, support and implement program and funding guidelines and supervise instructors and other personnel as necessary. The training specialist may be a trained chief instructor. Rider training courses shall meet minimum standards established by the director, designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle. IV. Rider training courses shall be open to all residents of the state who either hold a current valid driver's license for any classification or who are eligible for a motorcycle learner's permit. The director may allow residents of other states who hold a current valid driver's license to take a rider training course only if an adequate number of rider training courses have been provided for New Hampshire residents. V. An adequate number of rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program. The division shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course. Program delivery may be phased in over a reasonable period of time. VI. The director may enter into contracts with either public or private institutions for technical assistance in conducting rider training courses, if the course is administered and taught by a trained motorcycle rider instructor as established in RSA 263:34-d. If necessary, an organization conducting a rider training course may charge a reasonable tuition fee. The director shall determine the largest tuition fee a private organization may charge. Source. 1989, 331:1. 2006, 174:1. 2008, 282:11. 2010, 368:26, eff. Dec. 31, 2010.

RSA 263:34-c Rulemaking.

263:34-c. Rulemaking. The director shall adopt rules pursuant to RSA 541-A relative to: I. Standards for the motorcycle rider education program as required under RSA 263:34-b, I. II. Administration of the motorcycle rider education program. III. Minimum standards for rider training courses as required under RSA 263:34-b, III. IV. Issuance and form of certificates of completion for rider training courses under RSA 263:34-b, V. V. The maximum tuition fee which may be charged by a private organization conducting a rider training course under RSA 263:34-b, VI. VI. Standards for an approved motorcycle rider education instructor preparation course under RSA 263:34-d, I. VII. Minimum requirements for the qualification of a rider education instructor as required under RSA 263:34-d, II. VIII. Administration of the motorcycle rider safety fund established under RSA 263:34-e, I. IX. Disbursement of funds from the motorcycle rider safety fund as required under RSA 263:34-e, I. X. Exemption from the licensing skills test under RSA 263:34-h. XI. Procedures for the collection of additional registration and permit fees under RSA 263:34-i. XII. Tuition charged to residents and nonresidents for motorcycle rider education programs. Source. 1989, 331:1. 2011, 83:1, eff. July 15, 2011. 2015, 104:1, eff. Aug. 4, 2015.

RSA 263:34-d Instructor Requirements and Training.

263:34-d. Instructor Requirements and Training. I. The director shall establish standards for an approved motorcycle rider education instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe motorcycle driving practices, and the necessary aptitude for instructing students. II. The director shall establish minimum requirements for the qualification of a rider education instructor. The minimum requirements shall include, but not be limited to, the following: (a) The instructor shall have a high school diploma or its equivalent. (b) The instructor shall be 18 years of age or older and shall hold a valid motorcycle driver's license or endorsement. (c) The instructor shall have at least 2 years of recent motorcycle riding experience. (d) The instructor's driver's license shall not have been suspended or revoked at any time during the preceding 2 years. (e) The instructor shall not have any convictions for driving under the influence of alcohol or drugs during the preceding 5 years. III. Instructors who are licensed in other states shall furnish certified copies of their driving records to the division. An applicant shall not be eligible for instructor status until his driving record for the preceding 5 years is furnished. IV. The instructor shall have an approved instructor certificate which may be a state or Motorcycle Safety Foundation certificate, and the instructor shall be registered as a currently active instructor. Source. 1989, 331:1, eff. July 1, 1989.

RSA 263:34-e Motorcycle Rider Safety Fund; Continual Appropriation.

263:34-e. Motorcycle Rider Safety Fund; Continual Appropriation. I. The motorcycle rider safety fund is established in the state treasury and continually appropriated to the department which shall administer the fund. The fund shall only be used for administration of the motorcycle rider education program and expenses relating to the program, including, but not limited to, instructor training, licensing improvement, alcohol and drug education, public awareness, a driver improvement program for motorcyclists, technical assistance, program promotion, and other motorcycle safety programs. Funds may also be used for reimbursement of organizations with course sites. The commissioner shall adopt rules relative to disbursement of funds. II. All fees collected under RSA 263:34-i shall be credited to the fund established in paragraph I. Source. 1989, 331:1, eff. July 1, 1989.

RSA 263:34-g Insurance Discount.

263:34-g. Insurance Discount. The insurance commissioner may adopt rules under RSA 541-A requiring admitted insurers to provide a 10 percent reduction in premium rates for motorcycle liability insurance to qualified licensed motorcycle drivers who provide proof of successful completion of a state approved rider training course. Source. 1989, 331:1, eff. July 1, 1989.

RSA 263:34-h Licensing Skills Test Exemption.

263:34-h. Licensing Skills Test Exemption. The director may exempt applicants for a motorcycle driver's license or endorsement from the licensing skills test if they present proof of successful completion of a rider training course that includes a similar test of skills that is approved by the director. Source. 1989, 331:1, eff. July 1, 1989.

RSA 263:34-i Additional Registration, License, and Permit Fees.

263:34-i. Additional Registration, License, and Permit Fees. I. In addition to the fee for each certificate and renewal of registration for a motorcycle under RSA 261:141, III(o), an additional fee of $1 shall be assessed and collected by the department. II. In addition to any other permit or license or endorsement fee for a motorcycle learner's permit or motorcycle license or endorsement, and for each license or learner's permit renewal, an additional fee of $5 shall be assessed and collected by the department. Source. 1989, 331:1, eff. July 1, 1989. 2022, 139:2, eff. Aug. 6, 2022.

RSA 263:35 Nonresident Who Establishes a Residency in the State.

263:35. Nonresident Who Establishes a Residency in the State. I. (a) Notwithstanding the provisions of RSA 261:44 or any other law to the contrary, any nonresident driver of a motor vehicle who holds a valid driver's license in another jurisdiction, upon the establishment of a bona fide residency in this state, shall have a maximum of 60 days from the date his or her residency was established to obtain a driver's license issued by the state of New Hampshire; provided that H-2A temporary agricultural workers satisfying the requirements under RSA 263:35-a shall have a maximum of 300 days. (b) An individual subject to subparagraph (a), who ceases to be a resident of this state within 60 days of establishing a bona fide residency and has not yet obtained a driver's license issued by the state of New Hampshire, shall notify the director of their departure from the state. (c) A resident subject to subparagraph (a), whose out-of-state driver's license expires or is relinquished after becoming a resident of this state shall notify the director. II. The director shall notify any individual in violation of paragraph I who is more than 30 days past a deadline provided in this section. The notification shall be sent to the in-state address and out-of-state address, if available. The director shall begin sending such notifications within one year of the effective date of this section. III. The director, for good cause shown, may grant an extension of a deadline in this section to any individual. Source. RSA 261:1-a. 1979, 135:2. 1981, 146:1, eff. Jan. 1, 1982. 2023, 220:2, eff. Oct. 3, 2023. 2025, 141:242, eff. July 1, 2025.

RSA 263:35-a International Driver's License Reciprocity for H-2A Workers.

263:35-a. International Driver's License Reciprocity for H-2A Workers. Notwithstanding RSA 263:35, or any other law to the contrary, a nonresident employed in New Hampshire through the federal H-2A temporary agricultural worker program shall not operate a motor vehicle in New Hampshire unless: I. He or she holds a valid driver's license or permit to operate a motor vehicle issued by another U.S. jurisdiction; or II. He or she holds a valid driver's license or permit to operate a motor vehicle from a jurisdiction outside the United States and: (a) Is at least 18 years of age; (b) Is lawfully present in the United States; (c) Has been present in the United States for less than one year; and (d) He or she possesses an international driving permit if their license issued from a jurisdiction outside the United States is not written in English. III. Nonresidents who satisfy the requirements under this section shall have a maximum of 300 days from the date their residency was established to obtain a driver's license issued by the state of New Hampshire. Source. 2023, 220:1, eff. Oct. 3, 2023.

RSA 263:36 Reciprocal Driving of Pleasure Vehicles.

263:36. Reciprocal Driving of Pleasure Vehicles. No owner of a pleasure vehicle, and no nonresident or driver thereof, holding a license to drive in the state, district, or country in which he resides shall be required to obtain a license to drive such vehicle within this state. Source. 1911, 133:3. 1913, 81:2. 1917, 229:3. 1921, 119:3. 1923, 76:1. PL 100:27. 1939, 190:4. RL 117:11. RSA 261:17. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:37 Nonresident Privileges.

263:37. Nonresident Privileges. Whenever a motor vehicle of a nonresident may be driven on the ways of this state, without registration, or is driven under a neutral zone registration, such vehicle may be driven by its owner or by his employee without a license from the director if the driver is duly licensed under the laws of the state, district, or country in which the motor vehicle is registered, or has complied fully with the laws of the state where said motor vehicle is registered respecting the licensing of motor vehicle drivers; provided, that said state, district, or country grants like privileges to residents of this state. Source. 1911, 133:9. 1913, 81:4. 1921, 119:8. 1925, 86:1. PL 101:12. RL 117:13. 1945, 115:1. RSA 261:18. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:38 Special License Not Required.

263:38. Special License Not Required. A nonresident driver of a motor vehicle, who is the holder of a license to drive a motor vehicle in the state, district or country in which he resides, shall not be required to obtain a license to drive any pleasure vehicle within this state, provided he does not receive pay for such driving. Source. 1941, 99:2. RL 117:14. RSA 261:19. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:39 Limitation.

263:39. Limitation. The provisions of RSA 263:36-38 shall not be deemed to authorize a person under 16 years of age to drive a motor vehicle on the ways of this state. Source. RSA 261:19-a. 1957, 308:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:39-a License for Aliens Temporarily Residing in New Hampshire.

263:39-a. License for Aliens Temporarily Residing in New Hampshire. I. The director may issue a New Hampshire driver's license to a nonresident alien who is living in New Hampshire on a temporary basis: (a) For the purposes of attending a public or private educational institution which has a regular faculty, curriculum, and organized body of pupils or students in attendance and is enrolled in such education institution; (b) For the purposes of engaging in lawful employment, occupational, or business activity, and is engaged in such activity; or (c) Who is the spouse or child of an alien licensed under this section. II. The director may require any of the following: (a) Certification from the foreign government regarding the person's driving record and licensing status. (b) Submission of social security number, or, if the person does not qualify for such a number, the submission of certification to that effect as is acceptable to the commissioner. (c) Written or other testing. (d) Proof of compliance with the conditions set forth in paragraph I. (e) Proof of identification as may be acceptable to the director. (f) Proof of previous vehicle operation in the foreign country or proof of completion of an approved driver education course acceptable to the director. III. The term of the license shall be no longer than 5 years from the date of issuance, and the director may set a lesser term in accordance with the length of the person's residence in New Hampshire. IV. Nothing in this chapter shall preclude the director from denying a license if the director determines that licensure of the person may be contrary to the public safety. Once licensed, the individual shall be subject to the same provisions of the law as all other licensees. When the person no longer meets the conditions specified in paragraph I, the person shall forthwith return the license to the director and the license shall become invalid. Source. 1981, 279:4. 1997, 234:1. 2001, 91:10. 2003, 14:1, eff. June 21, 2003.

RSA 263:40 Form of License.

263:40. Form of License. I. The commissioner shall, upon payment of the required fee, issue to every applicant a driver's license subject to such conditions as the commissioner may deem expedient and in such form as the commissioner may prescribe. Licenses issued to persons under the age of 21 shall be designed so that their horizontal and vertical axes are opposite the horizontal and vertical axes of licenses issued to other persons, and said licenses shall prominently display the date on which the licensee shall attain the age of 21 years. Consistent with RSA 263:14, the youth operator license shall expire on the 21st anniversary of the applicant's date of birth, at which time the applicant shall be issued a traditional license. The license shall bear thereon a distinguishing number assigned to the licensee and an instant full-face photograph, image, or likeness of the licensee. There shall also be provided a space wherein the licensee may indicate his or her veteran's status for purposes of identification for receiving benefits and services under New Hampshire law if the licensee so desires. The license shall bear a special designation or symbol indicating veteran's status for licensees who indicate such veteran status. The driver's license card shall bear an approved security marking indicating that it was not issued in compliance with Public Law 109-13 and is therefore not acceptable for federal identification purposes. II. Drivers' licenses compliant with Public Law 109-13 issued pursuant to RSA 263:14-b shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant. The driver's license card shall bear an approved security marking indicating that it was issued in compliance with Public Law 109-13 and is therefore acceptable for federal identification purposes. III. Enhanced drivers' licenses issued pursuant to RSA 263:14-c shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant. The driver's license card shall bear an approved security marking indicating that it is an enhanced driver's license. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7. PL 101:4. RL 117:5. RSA 261:9, 9-a. 1957, 177:1. 1971, 478:1. 1981, 146:1. 1992, 282:4. 2006, 286:1. 2012, 127:2, eff. Aug. 4, 2012. 2015, 243:6, eff. Jan. 1, 2016. 2016, 71:12, eff. May 10, 2016. 2019, 9:1, eff. May 10, 2019; 205:5, eff. Jan. 1, 2020. 2025, 253:2, eff. Sept. 13, 2025.

RSA 263:40-a Social Security Numbers; Addresses; Application Form Options.

263:40-a. Social Security Numbers; Addresses; Application Form Options. I. (a) An applicant for a driver's license who has not previously been licensed to drive a motor vehicle in this state shall provide his or her social security number in the application. The applicant shall be given the opportunity to determine whether to have his or her social security number retained in the records of the department of safety. The application form shall include a box to check off if the applicant does not wish to have his or her social security number retained in the records of the department. (b) The application form for a renewal of a driver's license may request the social security number of the applicant. An applicant who is a resident of New Hampshire shall be given the opportunity to determine whether to provide the social security number. The application form shall include a box to check off if the applicant does not wish to provide his or her social security number pursuant to this paragraph. (c) The application form for an initial driver's license or a renewal of a driver's license shall include a box to check off if the applicant does not wish to have his or her computerized image, likeness, or photograph retained in the records of the department of safety. The driver's license shall display the mailing address of the licensee and shall not display the licensee's social security number. II. Notwithstanding RSA 91-A, RSA 260:14, RSA 261:60, or any other provision of law to the contrary, the social security number shall not be a public record open to the inspection of any person. The department shall not sell or otherwise provide individual social security numbers or lists of social security numbers for any purpose which is not stated in this paragraph. The department shall only make the social security number available to other states for driver record purposes, to any national driver information repository established pursuant to federal law, or, on their request on a case by case basis (a) to a law enforcement agency that requires the social security number for investigative purposes, or (b) to the department of health and human services for use only in the administration of child support enforcement. III. [Repealed.] IV. [Repealed.] V. Release of information from motor vehicle registration and driver's license records is authorized as provided in RSA 654:45, IV. Source. 1989, 349:1. 1995, 310:181. 1997, 351:54. 2002, 214:1. 2009, 75:2, 4, eff. Aug. 8, 2009. 2025, 277:9, eff. Dec. 31, 2025.

RSA 263:40-b Use of Facial Recognition Technology Prohibited.

263:40-b. Use of Facial Recognition Technology Prohibited. The department is prohibited from using any facial recognition technology in connection with taking or retaining any photograph or digital image for purposes of this chapter. Source. 2014, 274:1, eff. Sept. 26, 2014.

RSA 263:41 Donor Registry for Anatomical Gifts.

263:41. Donor Registry for Anatomical Gifts. I. The director shall provide to federally-designated organ procurement organizations serving the state access to names, dates of birth, addresses, and dates of registration of licensed drivers and individuals who obtain a nondriver's picture identification card who have registered with the division of motor vehicles as organ and tissue donors for the purpose of identifying those individuals as organ and tissue donors. Such access shall be provided only with the prior written consent of the donor and shall be provided in a manner and form to be determined by the director following consultation with such organizations, and shall include electronic transmission of initial information and periodic updating of information. II. The director shall cause a suitable decal or symbol to be affixed to the license or nondriver's picture identification card of a person who has registered with the division of motor vehicles as an organ and tissue donor under the provisions of this section. III. An anatomical gift shall not be executed by a minor unless written consent of the minor's parent or guardian is provided to the division of motor vehicles. Source. RSA 261:9-b. 1975, 463:1. 1981, 146:1. 1986, 191:2; 216:5, 6. 1987, 151:11. 2006, 216:4, eff. July 31, 2006.

RSA 263:41-a Next-of-Kin Contact Information.

263:41-a. Next-of-Kin Contact Information. I. At the request of the holder of a driver's license or nondriver's picture identification card, the department shall accept next-of-kin information for one person, in a format prescribed by the director. One contact telephone number shall be printed on the driver's license or nondriver's picture identification card of the person making the request, in a form and location determined by the director. II. It shall be the sole responsibility of the holder of the driver's license or nondriver's picture identification card to notify the department of any necessary change in the next-of-kin information. The holder of a driver's license or nondriver's picture identification card shall pay the applicable replacement fee if a change in information necessitates the issuance of a new driver's license or nondriver's picture identification card. Source. 2012, 44:1, eff. July 1, 2012.

RSA 263:41-b Medically Recognized Disorder Indication.

263:41-b. Medically Recognized Disorder Indication. I. At the request of the holder of a driver's license or nondriver's picture identification card, and presentation of signed statement by a licensed physician confirming the applicant's condition, the department shall print a standard representation of the medically recognized disorder on the driver's license or nondriver's picture identification card of the person making the request, in a form and location determined by the director. II. It shall be the sole responsibility of the holder of the driver's license or nondriver's picture identification card to notify the department of any change in medically recognized disorder that requires an update of the driver's license or nondriver's picture identification. The holder of a driver's license or nondriver's picture identification card shall pay the applicable replacement fee if a change in information necessitates the issuance of a new driver's license or nondriver's picture identification card. III. For the purpose of this section, the following medically recognized disorders, or their abbreviations, are authorized to be printed on the driver's license or nondriver's picture identification card: (a) Autism spectrum disorder (ASD). (b) Deaf or hard of hearing. IV. If the name of the medically recognized disorder exceeds 25 characters in length, only its abbreviation shall be printed on the driver's license or nondriver's picture identification card. V. The director shall adopt rules pursuant to RSA 541-A relative to the administration of this section. Source. 2015, 78:1, eff. July 1, 2016. 2019, 291:1, eff. Jan. 1, 2020. 2020, 33:30, eff. Sept. 22, 2020.

RSA 263:42 Driver's License Fees.

263:42. Driver's License Fees. The director shall collect fees from drivers as follows: I. For each original driver's license and examination or driver's license renewal, other than for a commercial vehicle or motorcycle-$60 for a Real ID Act compliant license under RSA 263:14-b or $50 for each other license; for each license issued under RSA 263:5-f-$10; for each youth operator's license and examination-$10 per year, not to exceed $50; for each license issued to a nonresident alien for less than 5 years-$10 per year or portion thereof; for each original commercial driver license and examination or commercial driver license renewal-$60; for each commercial driver license reexamination in a one-year period-$20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction-$10; for each special motorcycle original license and examination or special motorcycle license renewal-$50; for each original motorcycle endorsement-$25; for each 3-wheeled motorcycle endorsement-$25; for each motorcycle endorsement and 3-wheeled motorcycle endorsement renewal-no charge; for each motorcycle learner's permit renewal-$25. For each original driver's license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Except as provided in RSA 263:5-f, I, RSA 263:14, and RSA 263:39-a, III, every license shall expire on the licensee's birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43. I-a. For each commercial driver learner permit issued under RSA 263:88, $20. I-b. For each enhanced driver's license $80. I-c. For the conversion of a driver's license to an enhanced driver's license, which shall be for the remaining period of the original license, $30. II. For every certified copy of a registration, license, or driving record, $20, except that the commissioner shall waive the fee for local, state, and federal law enforcement and criminal justice agencies requesting such information for investigative purposes and may, for good cause, waive the fee in cases involving other government agencies or the public defender if the commissioner determines that such a waiver is in the public interest. III. No fee shall be charged for a driver's license issued to a disabled veteran who because of being an amputee or a paraplegic has received a motor vehicle from the United States government. The provisions of this paragraph shall apply to a veteran who, because of a disability incurred in, or aggravated by such service, and upon satisfactory proof that the veteran is evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from such service-connected disability. IV. A duplicate copy of a photographic license or a new license with a different classification because of a commercial driver license disqualification may be issued for a fee of $20. For the purpose of this chapter, the term "duplicate copy" shall mean an additional license containing an indicator that the license is a duplicate. A new photograph need not be taken. IV-a. For a new driver's license because of a change of address, $10. V. (a) Whenever a driver's license has been suspended or revoked, or notwithstanding RSA 263:56-a, III, whenever the holder of a commercial driver license has been disqualified for a period of greater than 15 days, a fee of $100 shall be paid by the licensee for the restoration of such license or commercial driver license; provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid by the licensee for the restoration of the original or youth operators' license. Under certain conditions the commissioner may waive the restoration fee for a default or suspension. The commissioner shall adopt rules, under RSA 541-A, relative to such waiver procedures. (b) Whenever a driver's license has been suspended or revoked and a limited privilege license is issued under RSA 263:57-b, a fee of $50 shall be paid by the licensee for the issuance of the limited privilege license. Fees collected under this subparagraph shall be deposited into the highway fund. VI. For each moped driver's original license and examination, $8, and for all subsequent renewals, $8. From every $8 fee collected for each original moped driver's license issued, $3 shall be credited to the driver training fund established by RSA 263:52. VII. Whenever an applicant fails to appear for a driver's license appointment, the application shall be retained for a period of 12 months, after which the application shall be destroyed and the fee shall be forfeited. VIII. For each search of the problem driver pointer system initiated by any person or entity, except for any governmental entity, $10. The commissioner may waive the fee in individual cases if the commissioner determines that such a waiver is in the public interest. Source. 1905, 86:4. 1911, 133:26. 1913, 171:2. 1915, 129:8. 1917, 229:7. 1919, 161:6. 1921, 119:25. PL 102:8. RL 118:9. 1947, 107:3. 1949, 189:9. 1953, 85:2, 3. RSA 262:11. 1963, 184:1. 1965, 240:4, 5. 1971, 206:1; 478:3. 1973, 21:1; 320:3. 1974, 45:16. 1977, 96:1; 563:80, 81. 1981, 146:1; 301:3, 6; 568:31. 1983, 348:3. 1985, 213:18, 19. 1987, 151:8. 1989, 305:11; 319:22-25, 28; 410:6. 1990, 79:5, 10. 1991, 347:10. 1992, 258:3, 13. 1993, 11:1. 1995, 85:4. 1997, 257:2. 2001, 91:11, 12. 2002, 262:3, 5. 2003, 170:3. 2004, 173:5. 2005, 267:3. 2008, 366:4. 2009, 75:3; 144:16. 2011, 25:4, eff. April 28, 2011. 2014, 263:2, eff. Jan. 1, 2016. 2015, 149:3, eff. Aug. 11, 2015. 2016, 71:13, eff. May 10, 2016. 2019, 346:213, eff. July 1, 2019. 2022, 25:8, eff. June 30, 2022; 139:3, eff. Aug. 6, 2022. 2025, 141:237, eff. Jan. 1, 2026.

RSA 263:43 Petition for License Fee Refund.

263:43. Petition for License Fee Refund. A driver, whose license has been voluntarily surrendered because of physical or mental incapacity, may petition the department for refund of his fee for the unexpired full years of his license. Should the petition be granted, the department shall certify that fact to the state treasurer and the treasurer shall pay the refund to the petitioner. The governor is authorized to draw his warrants for such sums which shall be charged against the highway fund. Source. RSA 262:41-a. 1973, 26:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:44 License Required; Fee, Term, Renewal.

263:44. License Required; Fee, Term, Renewal. No person shall engage in the business of conducting a drivers' school, as defined by RSA 259:26, without being licensed therefor by the department. Application therefor shall be in writing and contain such information therein as the department shall require. If the application is approved, the applicant shall be granted a license upon the payment of a fee of $200; provided, however, that no license fee shall be charged for the issuance of a license to any board of education, school board, public, private, or parochial school, which conducts a course in driver education. A license so issued shall be valid during the calendar year. The annual fee for renewal shall be $100. The department shall issue a license certificate or license certificates to each licensee, one of which shall be displayed in each place of business of the licensee. In the case of loss, mutilation or destruction of a certificate, the department shall issue a duplicate upon proof of the facts and the payment of a fee of $1. Source. RSA 263-A:2. 1955, 208:1, par. 2. 1977, 563:82. 1981, 146:1, eff. Jan. 1, 1982. 2014, 273:2, eff. Sept. 26, 2014. 2022, 8:3, eff. Mar. 18, 2022.

RSA 263:44-a Driver Education Certificate.

263:44-a. Driver Education Certificate. I. No person shall be a driver education instructor unless such person has a driver education certificate issued by the department. II. This section shall not apply to a person giving instruction, with or without compensation, for the licensing of commercial drivers, who meets or exceeds any rules promulgated under 49 U.S.C. section 31136 by the Federal Motor Carrier Safety Administration of the United States Department of Transportation. Source. 2005, 245:1, eff. Jan. 1, 2006. 2022, 8:4, eff. Mar. 18, 2022.

RSA 263:44-b Driver Education Certificate Application.

263:44-b. Driver Education Certificate Application. I. Every applicant for an initial driver education certificate shall submit to the division of motor vehicles a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the division of motor vehicles. II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. If the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the division of motor vehicles may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years. III. The division of motor vehicles shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the division of motor vehicles. The division of motor vehicles shall maintain the confidentiality of all criminal history records information received pursuant to this section. Source. 2013, 176:2, eff. Aug. 31, 2013. 2018, 318:13, eff. Aug. 24, 2018.

RSA 263:45 Rules.

263:45. Rules. The commissioner may adopt pursuant to RSA 260:5 such rules as he deems reasonable for the conduct of drivers' schools. Source. RSA 263-A:4. 1955, 208:1, par. 4. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:46 Renewal No Bar to Revoking License.

263:46. Renewal No Bar to Revoking License. Notwithstanding the renewal of a license, the department may revoke or suspend such license for causes and violations, as prescribed herein, occurring during any prior license period. Source. RSA 263-A:6. 1955, 208:1, par. 6. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:46-a Notification of Offenses.

263:46-a. Notification of Offenses. I. Every applicant for or holder of a driver education certificate or school license shall notify the director within 5 business days by certified mail, return receipt requested, of being arrested, indicted, or summonsed to court in this or any other state or foreign jurisdiction as a defendant for an offense under RSA 265:79, RSA 265:79-a, RSA 265:79-b, RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43, or any offense under RSA 630, RSA 631, or RSA 632-A. If employed or under contract to a school or school district, the licensee, certificate holder, or applicant shall provide a copy of the notification made to the director to the principal or equivalent chief administrator of the school in like manner and time frame. II. Every applicant for or holder of a driver education certificate or school license shall notify the director within 5 business days by certified mail, return receipt requested, of being convicted of any offense other than a parking violation under Title XXI or RSA 630, RSA 631, or RSA 632-A or an equivalent offense in another jurisdiction, or if his or her license or privilege to drive a motor vehicle has been suspended or revoked in this or any other jurisdiction. If employed or under contract to a school or school district, the applicant, licensee, or certificate holder shall provide a copy of the notification made to the director to the principal or equivalent chief administrator of the school within 5 business days by certified mail, return receipt requested. Source. 2005, 245:2. 2010, 168:1, eff. June 17, 2010.

RSA 263:47 Hearings.

263:47. Hearings. Every applicant or licensee shall be entitled to a hearing, before his application for a license or a renewal thereof is refused or his license is revoked, and shall be given due notice thereof. The sending of a notice of a hearing by registered mail to the last known address of a licensee or applicant 10 days prior to the date of the hearing shall be deemed due notice. The person deputized by the department to conduct a hearing shall have power to subpoena witnesses, administer oaths to witnesses and take testimony of any person or cause his deposition to be taken. A subpoena issued under the authority of this section shall be served in the same manner as a subpoena issued out of the superior court. Witnesses subpoenaed hereunder shall be entitled to the same fees and mileage as are allowed in civil actions in courts of record. Source. RSA 263-A:7. 1955, 208:1, par. 7. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:48 Penalties.

263:48. Penalties. Any person who violates any of the provisions of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. RSA 263-A:9. 1955, 208:1, par. 9. 1973, 528:148. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:49 Records Kept by Licensee.

263:49. Records Kept by Licensee. Every licensee shall keep such records as the department may by rule require. The records of the licensee shall be open to the inspection of representatives of the department at all times during reasonable business hours. Source. RSA 263-A:8. 1955, 208:1, par. 8. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:50 Grounds for Denial of License.

263:50. Grounds for Denial of License. The department may deny the application of any person for a license if, in its discretion, the department determines that: I. Such applicant has made a material false statement or concealed a material fact in connection with his application; II. Such applicant, any officer, director, stockholder or partner, or any other person directly or indirectly interested in the business, was the former holder of a license hereunder, or was an officer, director, stockholder or partner in a corporation or partnership which held a license under this subdivision and which license was revoked or suspended by the director; III. Such applicant or any officer, director, stockholder, partner, employee, or any other person directly or indirectly interested in the business, has been convicted of a crime; IV. Such applicant has failed to furnish satisfactory evidence of good character, reputation and fitness; V. Such applicant does not have a place of business as required by this chapter; VI. Such applicant is not the true owner of the drivers' school; VI-a. Such applicant, upon original application, has failed to submit a complete set of fingerprints taken by a qualified law enforcement agency; VII. The application is not accompanied by a certificate of insurance endorsing a combined single limit for each accident in the amount of $500,000 suffered or caused by reason of negligence of the applicant or any agent or employee of the applicant, approved as to form and coverage by the director and issued by a company duly licensed to transact business in this state under the insurance laws of this state; or VIII. Such applicant has failed to comply with any applicable rule adopted pursuant to RSA 21-P:14. Source. RSA 263-A:3. 1955, 208:1, par. 3. 1971, 48:2. 1977, 192:1. 1981, 146:1. 1992, 282:6. 2010, 168:2, eff. June 17, 2010. 2014, 273:3, eff. Sept. 26, 2014.

RSA 263:51 Grounds for Revoking or Suspending School License or Driver Education Certificate.

263:51. Grounds for Revoking or Suspending School License or Driver Education Certificate. Any employee of the department authorized by the commissioner to hold hearings in such cases may suspend or revoke any school license or driver education certificate issued under the provisions of this subdivision or refuse to issue a renewal thereof if: I. The licensee or certificate holder has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof; II. The licensee or certificate holder has been convicted of a crime or of any offense under RSA 265:79 or RSA 265-A, or his or her license or privilege to drive a motor vehicle has been suspended or revoked; III. The licensee or certificate holder has been charged with an offense under RSA 265:79 or RSA 265-A, RSA 630, RSA 631, or RSA 632-A and it appears to the commissioner, after a hearing, that an immediate license suspension pending the outcome of the criminal proceeding is required in the interest of public safety; IV. The licensee or certificate holder has failed to comply with any of the provisions of this subdivision or any applicable rule adopted pursuant to RSA 21-P:14; V. The licensee or any partner or officer of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself, herself, or another the license to drive a motor vehicle or motorcycle; VI. The licensee has knowingly employed, as an instructor, a person who has been convicted of a crime or has retained such a person in such employ after knowledge of his or her conviction; or VII. The licensee has failed to maintain satisfactory insurance to meet damage claims required by RSA 263:50. Source. RSA 263-A:5. 1955, 208:1, par. 5. 1971, 48:3. 1981, 146:1. 1992, 282:7. 2005, 245:3. 2013, 176:3, eff. Aug. 31, 2013.

RSA 263:52 Driver Training Fund.

263:52. Driver Training Fund. I. The proceeds from original license fees as provided in RSA 263:42 and the vanity plate service fee collected in accordance with RSA 261:89, plus the fee for the renewal of the use of such plates, after any refunding authorized by law and costs of such plates or designation of effective periods thereof and issuance of same have been appropriated and deducted, shall be expended for course materials, licensing of schools, and certification of instructors in connection with safe motor vehicle driving conducted in or under the supervision of secondary schools. Such balance shall be kept in a separate fund. The commissioner of safety shall adopt, pursuant to RSA 541-A, and publish, rules governing the courses of instruction and training. II. The $60 vanity plate service fee and the fee for renewal of vanity number plates shall automatically be credited to the driver training fund until all fees in such fund equal the amount of money estimated by the general court as available for expenditure for course materials, licensing of schools, and certification services in connection with driver training from that fund for that fiscal year. Once the driver training course materials, licensing of schools, and certification services have been funded in accordance with the legislative estimates for the current fiscal year, the next 1.5 million dollars shall be transferred to the department of safety as restricted revenue, thereafter the balance of all such fees shall be transferred to the general fund and shall be available as unrestricted revenue. Source. RSA 262:1-a. 1957, 292:1. 1963, 142:1. 1969, 244:1. 1971, 415:1. 1974, 45:4. 1981, 146:1. 1982, 42:155. 1983, 469:105. 1993, 295:1. 1995, 308:5. 1997, 252:1. 2009, 144:198, 199. 2011, 224:5, eff. July 1, 2011. 2015, 243:12, eff. Jan. 1, 2016. 2025, 141:240, eff. Jan. 1, 2026.

RSA 263:53 Application to Privilege to Drive.

263:53. Application to Privilege to Drive. The provisions of this title relative to the revocation or suspension of a license shall apply to a person's privilege to drive unless it is specifically stated otherwise. Source. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:54 Revocation and Suspension for Nonresidents.

263:54. Revocation and Suspension for Nonresidents. The director may suspend or revoke the right of any nonresident owner or driver to drive or have driven in this state, any motor vehicle, for the same causes and under the same conditions that he can take like action against resident owners and drivers in this state. Source. 1923, 76:1. PL 100:30. RL 116:39. RSA 260:43. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:55 Revocation for Third Offense.

263:55. Revocation for Third Offense. Upon a third or subsequent conviction in the same calendar year of a violation of this title, the director may forthwith revoke the license of the person so convicted, and no new license shall be issued to such person for at least 30 days after the date of such revocation. Source. 1921, 119:15. PL 102:29. RL 118:31. RSA 262:38. 1963, 231:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:56 Authority to Suspend or Revoke License.

263:56. Authority to Suspend or Revoke License. I. In addition to any other authority provided by law, the director is hereby authorized to revoke or suspend any license, permit or certificate issued under this title after a hearing upon a showing by its records or other sufficient evidence that the driver or boat operator: (a) Has committed an offense for which mandatory revocation of license is required upon conviction; (b) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways; (c) Is an habitually reckless or negligent driver of a motor vehicle, as established by the point system set up pursuant to paragraph II, by a record of accidents, or by other evidence; (d) Is incompetent to drive a motor vehicle by reason of physical or mental impairment; (e) Has fraudulently or unlawfully used, permitted to be used, altered, displayed, or manufactured a license, has in his possession an altered or false license, or has been convicted of any offense specified under RSA 263:12; (f) Has violated his written promise to appear given to an officer upon the issuance of a traffic citation in this or any other state or has failed to appear in court in this or any other state at the time specified by the court; (g) Has by reckless or unlawful operation of a motor vehicle or boat caused or materially contributed to an accident resulting in death or injury to any other person or serious property damage; (h) Is a hazard to the public safety as evidenced by proper evidence or information received from a law enforcement agency of misconduct or misuse or abuse of driving privileges; or (i) Has been determined to be the owner of an abandoned vehicle that has been removed pursuant to a request by a peace officer. II. For the purpose of identifying habitually reckless or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the director shall adopt rules pursuant to RSA 260:5 establishing a uniform system assigning demerit points for convictions of violations of this title. The rules shall include a designated level of point accumulation which so identifies drivers. The director may assess points for convictions in other states of offenses which, if committed in this state, would be grounds for such assessment. Notice of the assessment of points may be given in accordance with rules adopted by the director. No points shall be assessed for violating a provision of this title regulating standing, parking, equipment, size or weight. However, points may be assessed for convictions involving abandoned vehicles as provided in RSA 262:40-c, and points may be assessed against any person who is found by the director to have abandoned a vehicle and who has not satisfied the reasonable costs of removal and storage. In case of the conviction of a licensee of 2 or more traffic violations committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have different point values, such licensee shall be assessed for the offense having the greater point value. The director is authorized to suspend or revoke the license of a driver when his driving record identifies him as an habitually reckless or negligent driver or an habitual or frequent violator under this section. The director may, in accordance with rules adopted pursuant to this section, order the licensee to attend a group or private driver improvement interview regarding his driving ability and record. II-a. Notwithstanding RSA 605:6 or any other provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of a license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea for the purpose of assessing demerit points under paragraph II. III. The director shall not revoke or suspend a driver's license under the provisions of this section for a period in excess of one year except: (a) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(g) the director may suspend or revoke a license for not more than 7 years. (b) In the case of a person whose license is suspended or revoked pursuant to RSA 263:56, I(d) by reason of physical or mental impairment the director may suspend or revoke a license indefinitely provided that the person may request a hearing once every year thereafter for the purpose of reviewing the original order. IV. In proceedings concerning accidents involving motor vehicle fatalities or serious injury, the director shall not give weight to the lack of a criminal prosecution relative to the accident in making his decision concerning license suspension or revocation. In any hearing conducted under the provisions of this section regarding a fatality, the decedent's next of kin shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. In any hearing conducted under the provisions of this section regarding a serious injury, any seriously injured person shall receive notice of the hearing, shall have the right to be present at the hearing, and shall be permitted to testify at the hearing. The decedent's next of kin or any seriously injured person, if aggrieved by the director's order, shall have standing under RSA 263:76 to file a petition of review in the superior court for review of the questions of law in the director's order. If an appeal is made under RSA 263:76 concerning an accident involving a motor vehicle fatality or serious injury, the decedent's next of kin or any seriously injured person shall be notified of the filing of the appeal and the date of the appeal hearing and shall have the right to make a written statement to the court at the time of the hearing. The director shall be deemed to have complied with this paragraph provided that he has notified by certified mail with return receipt requested the seriously injured person or at least one of the next of kin who is, if possible, of the age of majority and listed in RSA 259:66-a and who has been identified as a result of a review of division records or of information made known to the division. V. The director shall adopt rules as part of the point system required by paragraph II, establishing lesser point totals for suspension or revocation of driver's licenses of younger drivers including separate categories for drivers who are under the ages of 21 and 18, respectively. Source. 1921, 119:16. PL 102:30. RL 118:32. RSA 262:39. 1981, 146:1. 1986, 193:2. 1987, 404:5-7. 1988, 20:2. 1989, 253:4. 1990, 79:6; 262:4. 1992, 21:2. 1999, 295:4. 2004, 96:2. 2012, 43:1, 2, eff. Jan. 1, 2013. 2022, 7:1, eff. Jan. 1, 2023.

RSA 263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine.

263:56-a. Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. I. Whenever any defendant: (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 he 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, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section. (d) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification. (e) Is a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender's driver's license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender's last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department's attempted notice of noncompliance. I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire who defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who 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. II. (a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant's driver's license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant's files accordingly. (b) The director shall purge the record of violations, violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265:115, RSA 265:117, and any offense which is a misdemeanor or felony during the defendant's lifetime until 10 years after the defendant's driver's license or driving privilege is reinstated. All courts shall notify the director of any such failure on a form prescribed by the director. (c) The director shall report the names of all persons whose driver's licenses and driving privileges are suspended under this section to the National Driver Register administered by the National Highway Traffic Safety Administration. (d) The director may report the names of all persons whose driver's licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in RSA 359-B:3. II-a. Under no circumstances shall the director suspend, revoke, or fail to renew a driver's license for failure to pay taxes to a state other than New Hampshire. The director, upon receipt of request by a driver, accompanied by substantial evidence that a New Hampshire driver license suspension is the result of an out-of-state conviction for failure to pay taxes or an offense not pursuant to New Hampshire state law shall either restore the driver's New Hampshire driving privilege or forward the request to the bureau of hearings for a hearing to evaluate the evidence. III. Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II 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), provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under RSA 263:42, V 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 defendant, payment of his fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order. IV. No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect. V. Nothing shall prevent any person affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director for appropriate relief. VI. The provisions of this section shall be the primary sanction for defendants 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 defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court. VII. Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver's license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies. Source. 1983, 347:3; 383:72. 1985, 341:1, 2. 1989, 410:4. 1991, 347:1-5. 1994, 65:1. 1996, 182:4. 1998, 288:4. 2001, 91:13. 2003, 174:4. 2006, 260:20. 2008, 334:11, 12. 2012, 268:2, eff. Jan. 1, 2013. 2019, 124:1, eff. June 25, 2019.

RSA 263:56-b Revocation or Denial for Drugs or Alcohol Involvement.

263:56-b. Revocation or Denial for Drugs or Alcohol Involvement. I. Any person who is not yet 21 years of age on the date of the incident, who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for any offense involving the sale, possession, use, or abuse of alcohol or of controlled drugs as defined in RSA 318-B:1, VI, or of a controlled drug analog as defined under RSA 318-B:1, VI-a, may at the discretion of the court be subject to the revocation or denial of a driver's license or privilege to drive for not less than 90 days but not more than one year on the first finding or conviction under this paragraph, and not less than 6 months but not more than 2 years for a subsequent finding or conviction. Nothing in this section shall prevent the court from requiring any person subject to its provisions from successfully completing any alcohol or substance abuse education program in lieu of a loss or denial of driving license or privilege. The director, upon receipt of a notification from the court that the court has ordered the suspension of a person's license or driving privilege pursuant to this paragraph, shall forthwith issue a formal order of suspension and, in the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license. Notwithstanding RSA 169-B:35 or any other law regarding confidentiality, any court which convicts or makes a finding that an offense described in this section has occurred involving a person who meets the age limits specified in this section, and which orders the revocation or denial of a driver's license or privilege to drive, shall forward a notice of such conviction or finding to the director. The director shall maintain the confidentiality of notices received. II. The director shall, when ordered by the court, revoke the driver's license or privilege to drive or deny an application for a license for not less than 90 days but not more than one year on the first finding or conviction under paragraph I, and not less than 6 months but not more than 2 years for a subsequent finding or conviction; provided, however, that the director shall not revoke or deny a license or privilege to drive under this paragraph without first giving the person an opportunity for a hearing to determine that the person is the individual who was convicted of the offense and against whom the court order applies. In the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license. III. Any person who is not yet 18 years of age on the date of the incident, and who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for the offense of sale or possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, shall be subject to revocation or denial of a driver's license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license. IV. The driver's license of any person who is 18 years of age or older on the date of the incident, and who is convicted of the offense of sale or possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, may be revoked, at the discretion of the court, for any period of time, including for life. The court of relevant jurisdiction shall have the discretion to determine when the revocation shall begin. Source. 1989, 415:3. 1990, 222:11, 12. 2002, 136:2. 2006, 204:1. 2011, 26:1, eff. April 28, 2011.

RSA 263:56-c Suspension for Default in Another Jurisdiction.

263:56-c. Suspension for Default in Another Jurisdiction. I. Any driver licensed by the state of New Hampshire who defaults on an appearance, summons, or court order issued in another jurisdiction shall be subject to suspension or revocation of their drivers license in this state in addition to any penalties imposed by the other jurisdiction. II. [Repealed.] III. [Repealed.] Source. 1990, 79:12. 2001, 139:4, eff. July 1, 2001.

RSA 263:56-d Suspension for Forfeitures of Recognizances.

263:56-d. Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay for costs associated with breath or blood alcohol testing, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1. Source. 1991, 366:2. 1998, 288:9. 2003, 319:82, eff. Jan. 1, 2004.

RSA 263:56-e Driver Attitude Training.

263:56-e. Driver Attitude Training. I. Except as provided in paragraph II, the commissioner shall require proof of successful completion of the driver attitude program described in paragraph III before restoring the license of any person who has: (a) Been ordered to complete the driver attitude program by the justice of a district court. (b) Been ordered, after an administrative hearing before the department concerning his driving record, to complete a driver attitude program. (c) Had his license revoked pursuant to RSA 262:18-26. II. The commissioner may waive the provisions of paragraph I if: (a) There are no programs offered within a reasonable proximity of the person's residence. (b) There are no programs offered during the approximate period of time when the person would otherwise be eligible for restoration of the license. (c) The person has successfully completed a program required by RSA 265-A:42 at approximately the same time he or she would have been required to take the driver attitude program. III. The commissioner shall approve the driver attitude programs required by this section in the same manner as the driver improvement programs are approved pursuant to RSA 263:56. Any person who successfully completes a driver attitude program shall receive a point reduction in the same manner as provided for driver improvement programs under RSA 263:56. The commissioner shall establish the maximum fee to be charged for enrollment in a driver attitude program under this section. Source. 1992, 163:1. 2006, 260:21, eff. Jan. 1, 2007.

RSA 263:56-f Suspension for Evasion of Electronic Toll Collection System.

263:56-f. Suspension for Evasion of Electronic Toll Collection System. I. Upon receiving a report from the commissioner of the department of transportation or designee, or another state having a reciprocal toll collection enforcement agreement, that the owner of a vehicle, as defined in RSA 236:31, has violated the terms of RSA 236:31, or a reciprocal toll collection enforcement agreement in accordance with RSA 237:16-c, the director shall notify the owner in writing by first class mail that the owner's motor vehicle registration privileges for the vehicle driven in violation of RSA 236:31 are suspended as of the date which is 30 days from the date of notification unless the toll and any administrative fees assessed by the department of transportation are paid. Furthermore, the registered owner of the vehicle driven in violation of RSA 236:31 is prohibited from transferring a plate to said vehicle or obtaining a new plate for said vehicle or any other vehicle until such tolls and fees are paid. The registered owner is further prohibited from transferring ownership of said vehicle driven in violation of RSA 236:31, or a reciprocal toll collection enforcement agreement in accordance with RSA 237:16-c, to a family member or an individual with the same address listed in department of motor vehicle records, until such tolls and fees are paid. The director shall also notify the owner that he or she may request an administrative hearing before the suspension or prohibitions take effect. The hearing shall be limited in scope and shall not constitute an appeal of the fees or fines related to the unpaid tolls, which can only be determined by the department of transportation. A request for a hearing shall be in writing. A request for a hearing received by the division more than 30 days from the date the notice is issued shall be denied as untimely. II. (a) The director shall, pursuant to RSA 541-A, adopt by rule, a uniform administrative fine schedule for suspension of registration privileges and reinstatement of those privileges. The fine for each suspension of registration privileges requested by the commissioner of transportation shall not exceed: (1) $250 for a first requested suspension. (2) $500 for a second offense within a 12-month period from the time of the first requested suspension. (3) $1,000 for a third or subsequent offense within a 12-month period from the time of the first requested suspension. (b) The commissioner of safety, in proven cases of hardship or for other good cause, may suspend all or part of any administrative fine for reinstatement of registration privileges so imposed. Notwithstanding any other law to the contrary, all administrative fines collected under this section shall be deposited into the highway fund. III. The director shall adopt rules under RSA 260:5 establishing a uniform administrative hearing process. IV. (a) The scope of the hearing shall be limited to: (1) Whether the owner has paid all tolls and administrative fees owed to the department of transportation; (2) Whether the report from the department of transportation correctly identified the owner of the vehicle at the time of the incident; or (3) Whether the vehicle, identified as having violated the duty to pay a toll, had been reported as taken without the owner's consent, pursuant to RSA 262:12, or stolen to a law enforcement agency in a timely manner. (b) A notice of violation may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle using the bridge or highway subject to a toll or charge. The written certification of any person employed by or under contract with the department of transportation that the notice is so based shall be admissible in any hearing held hereunder and shall create a rebuttable presumption that the owner is liable for such violation. V. The owner's registration privileges shall be reinstated upon notice to the director from the department of transportation that all tolls, fees, and fines have been paid. Source. 2004, 241:3. 2008, 84:1, 2, eff. Jan. 1, 2009 (see note). 2019, 312:8, eff. Oct. 1, 2019. 2020, 33:18, eff. Sept. 22, 2020. 2022, 178:1, eff. Jan. 1, 2023.

RSA 263:56-g Suspension or Revocation in Another Jurisdiction.

263:56-g. Suspension or Revocation in Another Jurisdiction. Upon receipt of official notice, in any form which the director deems appropriate, including electronic transmissions, that a driver licensed by the state of New Hampshire, or any applicant for a driver's license in the state of New Hampshire, has had a driver's license or right to operate suspended or revoked in another state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada, the director shall not issue a license to the person and, if a license has already been issued, the director shall notify the driver in writing by first class mail that the driver's license may be suspended or revoked on the date which is 30 days from the date of notification unless the driver requests an administrative hearing before the suspension or revocation takes effect. A request for a hearing shall be in writing. A request for a hearing received by the division more than 30 days from the date the notice was issued shall be denied as untimely. If the other state, territory, possession, district, commonwealth, or province has reinstated or subsequently reinstates the license or right to operate of the person, he or she may apply to the director for reinstatement of the license in the state of New Hampshire. Source. 2017, 239:2, eff. July 18, 2017.

RSA 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees.

263:56-h. License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend or revoke a driver's license for failure to pay removal and storage fees for a vehicle towed or stored for any reason. The director is permitted to not renew a driver's license for failure to pay such fees until such a time as the fees are paid. II. A person whose driver's license has been suspended for outstanding vehicle removal or storage fees and who is otherwise eligible to drive shall have their driver's license reinstated and shall not be required to pay a reinstatement fee. No later than 30 days after the effective date of this section, the division shall, without requiring a reinstatement fee, reinstate the driver's license or nonresident operating privilege. Source. 2026, 274:14, eff. Aug. 31, 2026.

RSA 263:57 Suspension by Justice for Cause.

263:57. Suspension by Justice for Cause. I. Any justice of a district or municipal court or of the superior court may suspend any license issued to any person, for a period not to exceed 30 days, after a conviction of an offense under the provisions of this title, after due hearing, for any cause which he may deem sufficient. II. The court may also suspend any license issued to any person under the circumstances prescribed in, and in accordance with, RSA 634:2, VII. Source. RSA 262:45. 1967, 276:1. 1981, 146:1. 1983, 431:9. 1997, 327:1, eff. Jan. 1, 1998.

RSA 263:57-a Suspension for Illegal Use of Driver's License.

263:57-a. Suspension for Illegal Use of Driver's License. Any person 21 years of age or older who knowingly loans his driver's license to another person under the legal age of 21 years for use as identification to enable the underage person to purchase or consume any liquor or beverage as defined by RSA 175:1, VIII and XLII shall have his license or his right to drive a motor vehicle suspended for 60 days by the director of the division of motor vehicles. Upon conviction of any person for violating RSA 179:9 by using another's driver's license, the presiding justice shall notify the director of the division of motor vehicles of the identity of the lawful holder of said license. Source. 1983, 348:2. 1985, 3:3. 1990, 255:8, eff. July 1, 1990.

RSA 263:57-b Limited Driving Privilege After Revocation or Suspension.

263:57-b. Limited Driving Privilege After Revocation or Suspension. I. Notwithstanding any provision of law to the contrary, if a person is convicted of a first offense under RSA 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for limited driving privileges. To qualify for consideration, the person shall submit proof of financial responsibility in accordance with RSA 265-A:28 and an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program, medical treatment facility, state-approved educational institution, or other destination: (a) That the person must operate a motor vehicle as a requisite of the person's occupation or employment. (b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment. (c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program. (d) That the person or a member of the person's immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained. (e) That the person must operate a motor vehicle to continue his or her education. (f) That the person must operate a motor vehicle to attend job training. II. A license issued under this section shall limit the person's driving privileges: (a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person's immediate family. (b) To times, places, and days that are specifically stated. (c) To vehicles equipped with enhanced technology ignition interlock devices. III. A license issued under this section shall not be effective until the person's driver's license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court and shall not exceed the suspension period ordered by the court. IV. A violation of this section or the terms of the license issued under this section shall be considered a violation of RSA 263:64 and the license shall be revoked. V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. Before operating a motor vehicle, the person must apply for and be issued a limited privilege license by the division of motor vehicles. A person with a limited privilege license issued under this section shall have a copy of the court order granting the limited privilege license upon his or her person anytime the person is operating a vehicle. VI. As a condition of receiving a limited privilege license, the person shall agree to be subject to the ignition interlock program for the duration of the limited privilege and one year immediately following full restoration of driving privileges. Source. 2014, 263:3, eff. Jan. 1, 2016. 2016, 168:1, eff. June 3, 2016. 2019, 274:1, eff. July 19, 2019.

RSA 263:58 Revocation for Driving Without Consent or Larceny.

263:58. Revocation for Driving Without Consent or Larceny. I. Upon a final conviction for a violation of RSA 262:12 or for larceny of a motor vehicle, the court shall report said conviction to the department, which shall immediately revoke the driver's license of the person so convicted, or the right of a nonresident so convicted to drive within the state of New Hampshire. Said court, in the case of a person who holds a New Hampshire driver's license and is so convicted, shall return such license with his findings marked thereon, together with the court return, to the department. The department shall revoke the driver's license of any person who shall be convicted of a similar offense by a court of any other state. II. No new driver's license or certificate shall be issued by the department to any person: (a) Convicted of a violation of RSA 262:12, until one year after the date of final conviction; or (b) Convicted of larceny of a motor vehicle, until no earlier than 2 years and no later than 5 years after the date of final conviction, as the court shall direct. Source. RSA 262:39-a. 1965, 353:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:59 Suspension for Incompetency or Improper Driving.

263:59. Suspension for Incompetency or Improper Driving. Notwithstanding the provisions of RSA 541-A:30, the director may order the suspension of the license of any driver in his discretion, and without a hearing, and may order the license to be delivered to the department, whenever he has reason to believe that the holder thereof is physically or mentally an improper or incompetent person to drive motor vehicles, or is driving improperly or so as to endanger the public, or has appealed from a conviction of the violation of any provision of this title, or has made a material false statement in his application; and the license shall not be reissued unless, upon examination or investigation, or after hearing, the director determines that the person should again be permitted to drive. Provided, however, that if the director revokes or suspends a driver's license under the provisions hereof, said driver, upon his written application to the department, shall be granted a hearing by the department within 15 days after the filing of said application. Source. 1921, 119:16. PL 102:31. RL 118:33. RSA 262:40. 1969, 328:1. 1981, 146:1. 1989, 305:12. 1994, 412:28, eff. Aug. 9, 1994.

RSA 263:60 Records; Reports.

263:60. Records; Reports. A full record shall be kept by every court or justice in this state of every case in which a person is charged with a violation of any of the provisions of any law relative to motor vehicles, and an abstract of the record in cases of conviction shall be sent within 7 days by the court or justice to the department. Said abstracts shall be made upon forms prepared under authority of the director and shall include all necessary information as to the parties to the case, the nature and date of the offense, the date of the hearing, the plea and the judgment, and shall be certified by the clerk of the court or by the justice. The department shall keep such records in its office, and they shall be open to the inspection of any person. Source. 1911, 133:22. 1921, 119:21. PL 102:23. 1939, 67:1. RL 118:25. 1945, 21:1. RSA 262:30. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:61 Flagrant Cases.

263:61. Flagrant Cases. Every court or justice in this state shall furnish to the director the details of any particularly flagrant cases which may be heard before said court or justice, upon said court or justice's own initiative, or upon the request of the director or his agents. Said court or justice may make such recommendations as to the suspension or revocation of the licenses and certificates of registration of the defendants in such cases as the court or justice shall determine. Source. 1911, 133:22. 1921, 119:21. PL 102:25. RL 118:27. RSA 262:32. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:63 Driving Without Giving Proof.

263:63. Driving Without Giving Proof. Any person whose driver's license or registration certificates or other privilege to drive a vehicle has been suspended or revoked, restoration thereof or the issuance of a new license or registration being contingent upon the furnishing of security or proof of financial responsibility, and who during such suspension or revocation or in the absence of full authorization from the director, shall drive any vehicle upon any way or knowingly permit any such vehicle owned by him to be driven by another upon any way, except as permitted hereunder, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. 1937, 161:25. RL 122:24. RSA 268:25. 1973, 528:152. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:64 Driving After Revocation or Suspension.

263:64. Driving After Revocation or Suspension. I. No person shall drive a motor vehicle upon a way in this state while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued. II. A person who drives a motor vehicle upon a way in this state while such person's license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person's last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation. III. A person who obtains or possesses an out-of-state license after such person's New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives upon a way in the state while his or her New Hampshire license or driving privilege is suspended or revoked. IV. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law. V. Notwithstanding the definition of "revocation" in RSA 259:90 and the definition of "suspension" in RSA 259:107, the phrase "period of suspension or revocation" as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. "Period of suspension or revocation" shall include the period specifically designated and until the restoration of the person's driver's license or privilege to drive. V-a. (a) Except as provided in subparagraph (b), any person who drives a motor vehicle upon a way in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in RSA 625:11, VI, to any person, shall be guilty of a class B felony, where such person's unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision. (b) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 263:14 only shall be guilty of a misdemeanor. (c) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment. VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense. VII. Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense. Source. RSA 262:27-b. 1967, 281:1. 1969, 107:1. 1973, 248:1; 528:139. 1978, 39:1; 40:14. 1981, 146:1. 1983, 214:1; 373:3; 431:20. 1986, 35:1. 1987, 396:3. 1989, 189:1-3. 1993, 272:1. 1994, 291:1. 1997, 314:1, 5. 1999, 139:1-3. 2002, 136:3, 4. 2005, 177:48; 210:46. 2006, 260:22. 2008, 62:2. 2012, 77:3, eff. Jan. 1, 2013. 2022, 248:1, 2, eff. Jan. 1, 2023. 2024, 328:4, eff. Jan. 1, 2025.

RSA 263:64-a Extending Period of Suspension or Revocation.

263:64-a. Extending Period of Suspension or Revocation. The director, upon receiving a record of the conviction of any person upon a charge of driving a vehicle while the license of such person was suspended, may extend the period of such suspension for an additional period of the same duration as the suspension. If the conviction was upon a charge of driving while a license was revoked, the director may refuse to issue a new license for an additional period of the same duration as the revocation, not to exceed one year from and after any date such person would otherwise have been entitled to apply for a new license. Source. 1981, 479:23, eff. Jan. 1, 1982 at 12:01 a.m.

RSA 263:64-b Transferring a Revoked or Suspended License to Inactive Status.

263:64-b. Transferring a Revoked or Suspended License to Inactive Status. I. Notwithstanding any other provision of law, the director is authorized to transfer temporarily a suspended or revoked license to inactive status, provided that the suspension or revocation was based on the person's failure to pass a license reexamination or a physical, medical, or psychological condition. II. Inactive status shall allow the person to participate in a training or rehabilitation program approved by the director and to be screened on the road when accompanied by a certified driver training or rehabilitation instructor or a division of motor vehicles license examiner. III. Unless accompanied by a certified driver training or rehabilitation instructor or a division of motor vehicles license examiner, inactive status licensees shall be subject to the penalties provided in RSA 263:64 and RSA 263:64-a. IV. The director shall adopt rules pursuant to RSA 541-A relative to: (a) Procedures and forms for inactive status applications. (b) Approval process for training or rehabilitation programs. (c) Certification of program instructors. (d) Training or rehabilitation program content and standards of instruction. (e) Expiration and renewal of inactive status transfers. (f) Communication between approved programs and the director. Source. 2003, 86:1 eff. Jan. 1, 2004.

RSA 263:65 Revocation for Reckless Driving.

263:65. Revocation for Reckless Driving. Upon a conviction of a violation of RSA 265:79, the court shall report to the department and shall immediately revoke the license or driving privilege of the person so convicted, or the right of a nonresident so convicted to drive within the state of New Hampshire; and said court in the case of holders of New Hampshire licenses shall return such license with its findings marked thereon, together with the court return, to the department; and the department may revoke the license of any person who shall be convicted of a similar offense by a court of any other state in a criminal proceeding, or who shall be found to have committed a similar act by a court of any other state in a civil proceeding. Source. 1905, 86:10. 1911, 133:19. 1921, 119:18. 1923, 24:1. PL 102:12. RL 118:13. 1951, 180:2, par. 13. 1951, 229:1. RSA 262:16. 1955, 109:3. 1963, 330:1. RSA 262-A:64. 1981, 146:1. 1983, 373:4. 1990, 219:7. 2006, 260:23, eff. Jan. 1, 2007.

RSA 263:68 Suspension of License; Recognizance Required on Appeal.

263:68. Suspension of License; Recognizance Required on Appeal. Whenever any person convicted of a violation of RSA 265:79 appeals, the municipal or district court or justice shall order the person appealing to recognize in the sum of $100, with sufficient sureties, to keep the peace and be of good behavior until such appeal has been finally disposed of. If the person appealing fails to recognize in said sum, the municipal or district court or justice shall forthwith suspend the license of such person. If during such appeal period, such person is convicted of another violation of RSA 265:79 unrelated to the prior conviction, the municipal or district court or the justice shall, upon receiving notice of such conviction, immediately suspend the license of such person, shall declare the recognizance forfeited, and shall request the county attorney to cause proceedings to be had immediately for the recovery of such forfeiture, such proceedings to be subject to the provisions of RSA 597:33, 34, 35, 36 and 38. Upon suspension of the license of such person either upon failure to recognize after conviction or during the appeal period as hereinabove provided, in case of holders of New Hampshire licenses, the municipal or district court or justice shall return such licenses together with the court return to the department which shall not reissue said license until such person is acquitted. If the person so appealing is convicted, and has had his license suspended during the appeal period for failure to recognize in the required sum, the period of suspension shall be computed from the date of the initial conviction. If the person so appealing is convicted and has not had his license suspended because he has recognized in the required sum, or has had his license suspended because of a second conviction during the appeal period, the period of suspension shall commence upon the date of his final conviction upon such appeal. Source. RSA 262-A:65. 1963, 330:1. 1967, 185:1. 1973, 91:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:69 Recognizance When Appealing Out of State Conviction.

263:69. Recognizance When Appealing Out of State Conviction. Whenever any person convicted in another state of the type of violation cited in RSA 265:79 appeals, the person appealing may recognize in this state in the sum of $100, with sufficient sureties to keep the peace and be of good behavior until such appeal has been finally disposed of. Such sum shall be paid to the department and no suspension of his New Hampshire driver's license shall occur while the appeal of the out of state conviction is pending. Source. RSA 262-A:65-a. 1969, 471:1. 1973, 91:2. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:70 Prohibition on Issuance of New License.

263:70. Prohibition on Issuance of New License. No new license or certificate shall be issued by the department to any person convicted of a violation of RSA 265:79 until after 60 days from the date of final conviction. Source. RSA 262-A:66. 1963, 330:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:71 License Restored Upon Expiration of Revocation Period.

263:71. License Restored Upon Expiration of Revocation Period. Whenever any court revokes or suspends a license pursuant to RSA 265:79 for a stated period of time, the department shall restore said license immediately upon the expiration of the period of revocation or suspension ordered by the court provided that: I. Any required application and fee have been submitted; and II. No other suspension or revocation of such license, pursuant to RSA 264:2, I(e) or any other provision of this title, is still in effect. Source. RSA 262-A:62-c. 1977, 316:2. 1981, 146:1. 1983, 373:7; 431:11, eff. Aug. 23, 1983.

RSA 263:73 Revocation of Nonresident Privilege.

263:73. Revocation of Nonresident Privilege. When it has been finally determined under the procedures of this subdivision that a nonresident's privilege to drive a motor vehicle in this state has been revoked, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license. Source. RSA 262-A:69-h. 1965, 238:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 263:75 Appeal; Administrative License Suspension.

263:75. Appeal; Administrative License Suspension. I. If the suspension is sustained after a hearing as provided in RSA 265:91-b, a person shall have the right to file a petition in the superior court in the county in which he was arrested to review the final order by the director or his authorized agent within 30 days of the date of the final order. Jurisdiction to hear such appeals is vested in the superior court. II. At the earliest practical time, the court shall review the record as developed before the director or authorized agent, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the director or agent or order that oral argument be held. As justice may require, the court may remand the case to the director or authorized agent for further findings or rulings. In no event shall the oral argument be held less than 14 days after notice has been provided to the director. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the director or agent shall not be raised before the superior court. The burden of proof shall be upon the appellant to show that the decision of the director or agent was clearly unreasonable or unlawful, and all findings of the director or agent upon all questions of fact properly before him shall be deemed to be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that the order is unjust or unreasonable. III. No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if it shall be necessary in order that no party shall be deprived of any constitutional right, or if the court shall be of the opinion that justice requires the reception of evidence of facts which have occurred since the hearing, or which by reason of accident, mistake, or misfortune could not have been offered before the director or authorized agent, it shall remand the case to the director or authorized agent to receive and consider such additional evidence. Source. RSA 262-A:69-g. 1965, 238:1. 1981, 146:1. 1985, 162:1. 1992, 258:1. 1994, 347:1, eff. Jan. 1, 1995.

RSA 263:76 Appeal From Suspension or Revocation.

263:76. Appeal From Suspension or Revocation. Any person whose license has been suspended or revoked, except where such suspension or revocation is mandatory, or any person who has been denied a license, may petition, within 30 days thereafter, the superior court in the county where such person resides. The court, upon 14 days' written notice to the director, shall determine, after hearing, whether the decision of the director is unreasonable or unlawful. The burden of proof shall be upon the petitioner. All findings of the director upon all questions of fact properly before him shall be deemed prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that such order is unjust or unreasonable. The provisions of RSA 263:56, IV shall apply in appeals concerning accidents involving motor vehicle fatalities. Source. 1937, 85:1. RL 118:34. RSA 262:41. 1981, 146:1. 1985, 162:1. 1986, 193:3, eff. Aug. 2, 1986.

RSA 263:77 Driver License Compact Enacted.

263:77. Driver License Compact Enacted. The commissioner of safety is hereby authorized, whenever he determines it feasible, to enter into a compact on behalf of the state of New Hampshire with any other jurisdiction legally joining therein in the form substantially as follows: COMPACT Article I. Findings and Declaration of Policy (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles. (2) Except as specified in RSA 263:1, IV, make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states. Article II. Definitions As used in this Compact: (a) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (b) "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle. (c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority. Article III. Report of Convictions The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith. Article IV. Effect of Conviction (a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for: (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. (b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state. (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in the subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article. Article V. Applications for New Licenses Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if: (a) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated. (b) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant, if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways. (c) The applicant is the holder of a license to drive issued by another party state and currently in force, unless the applicant surrenders such license. Article VI. Applicability of Other Laws Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state. Article VII. Compact Administrator and Interchange of Information (a) The head of the licensing authority of each party state shall be the administrator of this Compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact. (b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact. Article VIII. Entry Into Force and Withdrawal (a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 6 months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal. Article IX. Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Source. 1986, 110:1, eff. July 19, 1986. 2025, 280:3, eff. Sept. 30, 2025.

RSA 263:78 Licensing Authority.

263:78. Licensing Authority. I. As used in the compact, the term "licensing authority", with reference to this state, shall mean the division of motor vehicles of the department of safety. The division of motor vehicles shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of articles III, IV, and V of the compact, except as otherwise prohibited by law. II. When discharging his or her duties under article IV of the compact, the director, or designee, as head of the licensing authority of this state, is authorized to impose the suspensions, revocations, or other limitations upon the driver's licenses of New Hampshire residents convicted of offenses identified in article IV, as if such conduct had occurred in this state. The director, or designee, is authorized to exercise the discretion accorded by state law exclusively related to the extension and suspension of the periods of driver's license revocation authorized by state law for convictions for offenses identified in article IV. The commissioner of safety shall develop and adopt rules, under RSA 541-A, to implement the authority provided under RSA 263:77, as described in this paragraph. Source. 1986, 110:1, eff. July 19, 1986. 2022, 235:2, eff. Aug. 16, 2022.

RSA 263:79 Compact Administrator.

263:79. Compact Administrator. The compact administrator provided for in article VII of the compact shall not be entitled to any additional compensation on account of his service as such administrator, but shall be entitled to expenses incurred in connection with his duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment. Source. 1986, 110:1, eff. July 19, 1986.

RSA 263:80 Executive Head Defined.

263:80. Executive Head Defined. As used in the compact, with reference to this state, the term "executive head" shall mean the governor. Source. 1986, 110:1, eff. July 19, 1986.

RSA 263:81 Report of Court.

263:81. Report of Court. Any court or any other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the division of motor vehicles within 5 days on forms approved by the division. Source. 1986, 110:1, eff. July 19, 1986.

RSA 263:82 Statement of Intent; Construction.

263:82. Statement of Intent; Construction. I. The purpose of this subdivision is to implement the federal Commercial Vehicle Safety Act of 1986 (CMVSA), (Title XII of Public Law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (a) Permitting commercial drivers to hold only one license; (b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and (c) Strengthening commercial driver licensing and testing standards. II. This subdivision is a remedial law which should be liberally construed to promote the public health, safety, and welfare. To the extent that this subdivision conflicts with general driver licensing provisions, this subdivision shall prevail. Where this subdivision is silent, the general driver licensing provisions shall apply. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:83 Limitation on Number of Driver's Licenses.

263:83. Limitation on Number of Driver's Licenses. No person who drives a commercial motor vehicle shall have more than one driver's license. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:84 Notification Required by Driver.

263:84. Notification Required by Driver. I. Any driver of a commercial motor vehicle holding a driver's license issued by this state: (a) Who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state, or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the department within 30 days of the date of conviction. (b) Who is convicted of violating any state law or local ordinances relating to motor vehicle traffic control in this or any other state, or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his employer in writing of the conviction within 30 days of the date of conviction. II. Each driver whose driver's license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact. III. Each person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of application, with the following information for the 10 years preceding the date of application: (a) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; (b) The dates between which the applicant drove for each employer; and (c) The reason for leaving that employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:85 Employer Responsibilities.

263:85. Employer Responsibilities. I. Each employer shall require the applicant to provide the information specified in RSA 263:84, III. II. No employer shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period in which: (a) The driver has a driver's license suspended, revoked, or cancelled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle; (b) The driver has more than one driver's license, except during the 10-day period beginning on the date the person is issued a driver's license, and, until December 31, 1989, whenever a state law enacted on or before June 1, 1986, requires the person to have more than one driver's license; or (c) The driver does not possess a valid commercial driver license. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:86 Commercial Driver License Required.

263:86. Commercial Driver License Required. I. Except as provided in RSA 263:25, II or when driving with a commercial driver learner permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person shall drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver license valid for the vehicle being driven. For the purpose of making the transition from the previous driver license classification system to the commercial driver license system established in this subdivision, a person may drive a vehicle while in possession of a valid, unexpired driver's license; provided that on or after April 1, 1992, or such other date as may be established by the federal government, no person shall drive a commercial motor vehicle unless he has a commercial driver license as required by this subdivision. II. A commercial driver license may be issued only to a person who drives or will drive commercial motor vehicles and who is domiciled in this state; provided that a nonresident CDL may be issued pursuant to RSA 263:89. III. A commercial driver license may not be issued to a person during a period in which the person is disqualified from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders the commercial driver license issued by the other state, which license shall be returned to the issuing state for cancellation. Source. 1989, 319:17. 1990, 262:3, eff. June 27, 1990.

RSA 263:87 Commercial Driver License Qualification Standards.

263:87. Commercial Driver License Qualification Standards. No person shall be issued a commercial driver license unless that person is a resident of the state of New Hampshire and has passed a knowledge and skills test for driving a commercial motor vehicle. The knowledge and skills test shall comply with minimum federal standards established by federal regulation, as enumerated in 49 C.F.R. part 383, subparts G and A, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department. Interpreters are prohibited during the administration of both the knowledge and skills tests, with the exception of federally mandated exemptions under 49 C.F.R. part 391. Applicants for a commercial driver's license must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. The knowledge test shall be written and administered in English only. Neither the applicant nor the examiner may communicate in a language other than English during both the knowledge and skills tests. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test in accordance with 49 C.F.R. part 383. Source. 1989, 319:17, eff. July 1, 1989. 2020, 33:17, eff. July 24, 2020. 2026, 221:1, eff. Aug. 31, 2026.

RSA 263:88 Commercial Driver Learner Permit.

263:88. Commercial Driver Learner Permit. I. The department may issue a commercial driver learner permit to an individual who holds a valid driver's license. II. The commercial driver learner permit may not be issued for a period to exceed 180 days. Only one renewal or reissuance shall be granted within a one-year period. The holder of a commercial driver learner permit may drive a commercial motor vehicle on a highway only when accompanied by a person who holds a commercial driver license valid for the type of vehicle driven who occupies a seat immediately adjacent to the individual for the purpose of giving instruction in driving the commercial motor vehicle. A commercial driver learner permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or cancelled in any state. Source. 1989, 319:17. 1990, 262:2. 2013, 146:2, eff. Aug. 27, 2013.

RSA 263:89 Nonresident Commercial Driver License.

263:89. Nonresident Commercial Driver License. The department may issue a nonresident commercial driver license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 CFR 383. The word "nonresident" shall appear on the face of the nonresident commercial driver license. An applicant shall surrender any nonresident commercial driver license issued by another state. Prior to issuing a nonresident commercial driver license, the department shall establish the practical capability of revoking, suspending, or cancelling the nonresident commercial driver license and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of the state of New Hampshire. A foreign driver applying for a nonresident commercial driver license shall complete all of the New Hampshire requirements for a commercial driver license. In addition, holders of a nonresident commercial driver license shall notify the department of issuance of any disqualifications or license suspensions or revocations, whether in the United States or in the foreign driver's country of domicile. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:90 Application for Commercial Driver License.

263:90. Application for Commercial Driver License. I. The application for a commercial driver license or commercial driver learner permit shall include the following: (a) The full name and current mailing and residential address of the license applicant; (b) A physical description of the applicant, including gender indicated by checking either "M" for "male," "F" for "female," or "X" for "other," height, weight, eye and hair color; (c) Date of birth; (d) Applicant's social security number, unless the application is made by the resident of a foreign jurisdiction for a commercial driver license; (e) Applicant's signature; (f) Certifications of driver qualification; (g) Any other information required by the department. II. The application shall be accompanied by the fee provided in RSA 263:42. III. When a licensee changes his name, mailing address, or residence, he shall notify the department as provided in RSA 263:9. IV. No person who has been a resident of the state of New Hampshire for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction. Source. 1989, 319:17, eff. July 1, 1989. 2019, 205:6, eff. Jan. 1, 2020.

RSA 263:91 Commercial Driver License.

263:91. Commercial Driver License. I. The commercial driver license shall be marked "commercial driver license" or "CDL" or "nonresident commercial driver license" or "NRCDL" or "commercial driver learner permit" or "CDLP" and shall be, to the maximum extent practicable, tamper-proof, and shall include, but not be limited to, the following information: (a) The full legal name and current residential address of the licensee. A post office box number shall not constitute a current residential address; (b) The licensee's color photograph; (c) A physical description of the licensee including gender indicated as "M" for "male," "F" for "female," or "X" for "other," height, weight, eye, and hair color; (d) Date of birth; (e) Social security number, if requested by the applicant; (f) Any number or identifier deemed appropriate by the department; (g) The licensee's signature; (h) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions; (i) The name of this state; and (j) The expiration date. II. Before issuing a commercial driver license, the department shall ascertain from the commercial driver license information system and the national driver register (NDR) all available information pertaining to the driving record of the person to be licensed. III. Within 10 days after issuing a commercial driver license, the department shall notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person. IV. The department shall maintain copies of all documents including, but not limited to, the application, commercial driver license issued, and any other documents pertaining to the licensee. V. Within 10 days after suspending, revoking or cancelling a commercial driver license, the department shall notify the commercial driver license information system of that disqualification. Source. 1989, 319:17, eff. July 1, 1989. 2019, 205:7, eff. Jan. 1, 2020.

RSA 263:92 Classifications, Endorsements and Restrictions.

263:92. Classifications, Endorsements and Restrictions. I. Notwithstanding any other provisions of this title, the commissioner may adopt rules under RSA 541-A to establish a commercial driver license classification system, including such endorsements and restrictions as are necessary, that incorporates the requirements of the federal government and of state law. II. Any driver who operates a motor vehicle in violation of the provisions of the commercial driver license classification system shall be subject to a fine of $100. Source. 1989, 319:17. 2005, 177:41, eff. July 1, 2005.

RSA 263:93 License Expiration and Renewal.

263:93. License Expiration and Renewal. The commercial driver license shall expire on the licensee's birthdate in the fifth year following the issuance of such license. When applying for renewal of a commercial driver license, the applicant shall complete the application form as specified in RSA 263:90 and shall provide updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement shall be taken and passed. Source. 1989, 319:17. 2001, 91:14, eff. July 1, 2001.

RSA 263:93-a Disqualification and Out-of-Service Orders.

263:93-a. Disqualification and Out-of-Service Orders. I. Notwithstanding any law to the contrary, any person who knowingly drives a commercial motor vehicle that is subject to an out-of-service order shall be guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for any subsequent offense within a 10-year period, and the person's commercial driver license or privilege to drive shall be suspended for not less than 180 days nor more than one year for a first offense, for not less than 2 years nor more than 5 years for a second offense within a 10-year period, or for not less than 3 years nor more than 5 years for a third or subsequent offense within a 10-year period. II. Any person who knowingly transports hazardous materials in a commercial motor vehicle that is subject to an out-of-service order or who operates a commercial motor vehicle designed or used to transport 16 or more passengers, including the driver, while such vehicle is subject to an out-of-service order shall be guilty of a misdemeanor and the person's commercial driver license or privilege to drive shall be suspended for not less than 180 days nor more than 2 years for a first offense, or for not less than 3 years nor more than 5 years for a second or subsequent offense within a 10-year period. III. Any person who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order shall be: (a) If a natural person, guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for a second or subsequent offense within a 10-year period. (b) If any other person, guilty of a class A misdemeanor. IV. If a driver or employer is defaulted for failing to appear in court after being charged under paragraphs I-III, the court shall enter a guilty finding. Source. 1996, 255:3. 2007, 206:1. 2010, 95:2, eff. Jan. 1, 2011. 2019, 276:2, eff. July 19, 2019.

RSA 263:93-c Administrative Fines.

263:93-c. Administrative Fines. I. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not less than $2,500 for a first offense and not less than $5,000 for a second or subsequent offense upon any driver who violates or fails to comply with an out-of-service order. II. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of not less than $2,750 and not more than $25,000 upon any employer who violates 49 C.F.R. section 383.37(c) by knowingly allowing a driver to violate an out-of-service order. Source. 2010, 95:3, eff. Jan. 1, 2011.

RSA 263:94 Violations; Penalties; Serious Violations.

263:94. Violations; Penalties; Serious Violations. I. A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department of: (a) A conviction within this or any other jurisdiction of driving a motor vehicle under the influence of alcohol or any drug; (b) A conviction within this or any other jurisdiction of driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age 21 as determined by testing methods approved by law in this state or any other state or jurisdiction; (c) A first conviction within this or any other jurisdiction of leaving the scene of an accident involving a motor vehicle driven by the person; (d) A first conviction within this or any other jurisdiction of using a motor vehicle in the commission of a felony; (e) A first instance of refusing to submit to a test or tests under the implied consent laws in this or any other jurisdiction to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle; (f) A first conviction within this or any other jurisdiction of driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle; (g) A first conviction within this or any other jurisdiction of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide; or (h) A first conviction, within any jurisdiction, of driving a commercial motor vehicle not equipped with an ignition interlock device when subject to an ignition interlock order in any jurisdiction. II. If any of the violations in paragraph I occurred while transporting hazardous material, the person is disqualified for a period of not less than 3 years. III. A person is disqualified from driving a commercial motor vehicle for life if it has been determined that the person has been convicted of 2 or more violations of any of the offenses specified in paragraph I or of a subsequent instance of refusing to submit to a test as described in subparagraph I(e), or any combination of those offenses, arising from 2 or more separate incidents. IV. The commissioner may adopt rules, in accordance with RSA 541-A and pertinent federal regulations, establishing guidelines, including conditions under which a disqualification for life under paragraph III may be reduced to a period of not less than 10 years. V. A person is disqualified from driving a commercial motor vehicle for life who is convicted in this or any other jurisdiction of using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by RSA 318-B:1. VI. (a) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of 2 serious traffic violations, as defined in RSA 259:98-a, or 120 days if convicted of 3 serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period. These penalties shall be imposed consecutively and may not be served concurrently. (b) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of any combination of 2 serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, provided the conviction results in the revocation, cancellation, or suspension of his or her driver's license, including a commercial driver license or commercial endorsement. (c) A person is disqualified from driving a commercial motor vehicle for a period of not less than 120 days if convicted of any combination of 3 or more serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, and the conviction results in the revocation, cancellation, or suspension of his or her driver's license, including a commercial driver license or commercial endorsement. This penalty shall be imposed in addition to and consecutively to any penalty imposed under subparagraph VI(b). (d) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in the check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information in the application process. (e) A person is disqualified from driving a commercial motor vehicle if that person has been disqualified by the Federal Motor Carrier Safety Administration as a result of being deemed an imminent hazard as defined in RSA 259:43-c. VII. If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application. Source. 1989, 319:17. 1991, 294:2. 2006, 260:24. 2010, 95:4. 2013, 180:6, eff. Jan. 1, 2014. 2020, 33:7, eff. Jan. 1, 2021. 2022, 136:2, eff. Aug. 6, 2022.

RSA 263:97 Notification of Traffic Violations; Furnishing Driving Record Information.

263:97. Notification of Traffic Violations; Furnishing Driving Record Information. I. (a) Within 5 days after receiving a report of the conviction of any resident or nonresident holder of a commercial driver license of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction, and the commercial driver license information system. (b) Within 5 days after the conviction of any resident or nonresident holder of a commercial driver license of any violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the clerk of the court having jurisdiction shall notify the department of the conviction. (c) This notice shall contain such information as the commissioner requires by rules adopted under RSA 541-A. II. The department shall furnish such information regarding the driving record of any person holding a commercial driver license as shall be mandated by federal law or regulation to: (a) The driver license administrator of any other state, or province or territory of Canada, requesting that information. (b) The police department of any other state conducting an official investigation. (c) The commercial driver license information system. (d) Any person upon request and payment of a fee of $5; provided, however, that the driving record information furnished under this subparagraph shall not include the social security number of any person. Source. 1989, 319:17. 2013, 180:7, eff. Jan. 1, 2014.

RSA 263:98 Rulemaking Authority.

263:98. Rulemaking Authority. The commissioner shall adopt rules under RSA 541-A relative to: I. Procedures for commercial drivers to notify the department of convictions of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state or Canada, other than parking violations. II. Information required by RSA 263:97, I. III. State testing procedures, which shall include the skills and knowledge tests for commercial driver licensing. IV. The procedure to be followed by individuals who are permitted to conduct third-party testing. V. The department's procedure for suspending, revoking, or cancelling a nonresident commercial driver license. VI. Waiver from the commercial driver license program for farm vehicles, fire fighting equipment and military vehicles. VII. A list of what constitutes serious traffic violations as provided in RSA 259:98-a. VIII. The length of a disqualification period after which a person shall be treated as an original commercial driver license applicant for examination purposes. IX. A method for examining and prorating the license fees of persons issued driver's licenses prior to July 1, 1989, who are required by the federal government to obtain commercial driver licenses before April 1, 1992, or such other date as may be established, and whose license will not come up for renewal prior to that date. X. Commercial driver license classifications, endorsements and restrictions in compliance with this subdivision and federal requirements. XI. The procedure and administration of the commercial driver's license examination requirement of obtaining a passing score on both the knowledge and skills tests in English and without the assistance of an interpreter. Source. 1989, 319:17, eff. July 1, 1989. 2026, 221:2, eff. Aug. 31, 2026.

RSA 263:99 Authority to Enter Into Agreements.

263:99. Authority to Enter Into Agreements. The commissioner may enter into or make agreements, arrangements, or declarations to carry out the provisions of this subdivision. Source. 1989, 319:17, eff. July 1, 1989.

RSA 263:100 Reciprocity.

263:100. Reciprocity. Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle: if the person has a commercial driver license issued by any state or province or territory of Canada, in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses; if the commercial driver license of the person is not suspended, revoked, or cancelled; and if the person is not disqualified from driving a commercial motor vehicle. Source. 1989, 319:17, eff. July 1, 1989.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXI-263.htmFetched: 10/20/2026