ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES

RSA tit. XXI, ch. 262

in effect

RSA 262:1 Penalties.

262:1. Penalties. I. A person who, with fraudulent intent: (a) Alters, forges or counterfeits a certificate of title or certificate of origin; (b) Alters or forges an assignment of a certificate of title or a certificate of origin, or an assignment or release of a security interest, on a certificate of title or a certificate of origin or a form the director prescribes; (c) Has possession of or uses a certificate of title or certificate of origin knowing it to have been altered, forged or counterfeited; or (d) Uses a false or fictitious name or address, or makes a false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title or certificate of origin, or in any proof or statement in writing in connection therewith, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. II. A person who: (a) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (b) Wilfully fails to mail or deliver a certificate of title or application therefor to the department within 20 days after the time required by this title; (c) Wilfully fails to deliver to his transferee a certificate of title within 20 days after the time required by this title; or (d) Wilfully violates any provision of this chapter, except as provided in paragraph I, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. RSA 269-A:31. 1967, 357:1. 1973, 528:155. 1977, 166:1; 196:4. 1981, 146:1. 1987, 263:3, eff. Jan. 1, 1988. 2014, 278:7, eff. Sept. 26, 2014.

RSA 262:2 Report of Theft; Recovery of Unclaimed Vehicle.

262:2. Report of Theft; Recovery of Unclaimed Vehicle. I. A peace officer who learns of the theft of a vehicle not since recovered, or of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the department, shall forthwith report the theft or recovery to the department. II. An owner or a lienholder may report the theft of a vehicle, or its conversion, if a crime, to the department, but the director may disregard the report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the department. III. An operator of a place of business for garaging, repairing, parking, or storing vehicles for the public, in which a vehicle remains unclaimed for a period of 30 days, shall within 5 days after the expiration of that period, report the vehicle as unclaimed to the director. A vehicle left by its owner whose name and address are known to the operator or his employee is not considered unclaimed. A person who fails to report a vehicle as unclaimed in accordance with this paragraph forfeits all claims and liens for its garaging, parking, or storing and shall be fined not more than $25 for each day the failure to report continues. The report required under this paragraph shall be by verified mail, as defined in RSA 21:53. IV. The department shall maintain and appropriately index weekly any cumulative public records of stolen, converted, recovered and unclaimed vehicles reported to it pursuant to this section. The director may make and distribute copies of the records so maintained to police officers upon request without fee and to others for the fee, if any, the commissioner prescribes. V. The director may suspend the registration of a vehicle whose theft or conversion is reported to him pursuant to this section; until the department learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle. Source. RSA 269-A:32. 1967, 357:1. 1981, 146:1. 2012, 207:3, eff. Aug. 12, 2012. 2019, 242:3, eff. Oct. 10, 2019.

RSA 262:3 False Report.

262:3. False Report. A person who knowingly makes a false report of the theft or conversion of a vehicle to a police officer or to the director shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. RSA 269-A:33. 1967, 357:1. 1973, 528:156. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:3-a Notification of Repossession.

262:3-a. Notification of Repossession. Any person who repossesses a motor vehicle, as defined in RSA 259:87-a, shall notify, within 2 hours after the repossession, a police officer of the town or city where the act of repossession occurred of the fact of the repossession and the name, address and telephone number of the owner and lienholder. If no police officer is available to receive the notification, then notification shall be given to the sheriff's department of the county where the act of repossession occurred. The police department or sheriff shall keep a record of such notification for 30 days after the notification. Source. 1993, 58:2, eff. June 15, 1993.

RSA 262:4 Impeachment of Credibility of Defendant.

262:4. Impeachment of Credibility of Defendant. In a prosecution for a crime specified in this subdivision, a certified copy of a conviction under RSA 262:1, I is admissible to impeach the credibility of the defendant. Source. RSA 269-A:34. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:5 Penalties Additional to Other Statutes.

262:5. Penalties Additional to Other Statutes. The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto. Source. RSA 269-A:35. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:6 Identification Marks.

262:6. Identification Marks. No motor vehicle shall be registered unless it shall have permanently cut, impressed, or embossed on some portion thereof a factory, serial, or vehicle identification number or mark. Any person who shall knowingly have in his possession any motor vehicle from which such number or mark shall have been removed, defaced, obliterated, or changed, shall forthwith file with the department a sworn statement giving the reason therefor, a description of the vehicle, and the source of his title. If satisfied as to the facts the director may grant permission to cut, impress, or emboss permanently into the motor of such vehicle a special identification number or mark which shall thereafter be deemed sufficient for the purpose of registration of such vehicle. Source. 1931, 79:1. RL 116:5. RSA 260:7. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:7 Changed or Removed Vehicle Identification Number.

262:7. Changed or Removed Vehicle Identification Number. Any person who buys, receives, possesses, sells or disposes of a motor vehicle or an engine for a motor vehicle, knowing that a vehicle identification number of said motor vehicle or engine has been removed, defaced, obliterated, or changed shall be guilty of a misdemeanor; provided, however, if upon discovery by any person that a vehicle identification number has been removed, defaced, obliterated, or changed, he shall report the same to the nearest police station and shall not be charged with a violation of this section. Source. RSA 260:7-a. 1967, 214:1. 1973, 528:132. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:8 Concealing Identity of Vehicle.

262:8. Concealing Identity of Vehicle. Any person who buys, receives, possesses, sells or disposes of a motor vehicle or an engine for a motor vehicle, with knowledge that a vehicle identification number of the motor vehicle or engine has been removed, defaced, obliterated, or changed and with intent to conceal or misrepresent the identity of the motor vehicle or engine shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Source. RSA 260:7-b. 1967, 214:1. 1973, 528:133. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:9 Penalty for Removing.

262:9. Penalty for Removing. No person shall willfully remove, deface, obliterate, change, or cause to be removed, obliterated, defaced, or changed any factory, serial, or other vehicle identification number or mark on or from any motor vehicle. Whoever violates any provision of this section shall be guilty of a misdemeanor. Source. 1931, 79:1. RL 116:6. RSA 260:8. 1973, 528:134. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:10 Removal of Vehicle Identification Plate.

262:10. Removal of Vehicle Identification Plate. It shall be a misdemeanor for any person or persons to remove or cause to be removed a vehicle identification number plate assigned to a vehicle by the manufacturer or the director for the purpose of concealing the identity of a vehicle, and it shall be unlawful for any person or persons to have in his possession for such purpose such a vehicle identification number plate. Source. RSA 269-A:20-a. 1969, 504:6. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:11 Examination of Vehicles.

262:11. Examination of Vehicles. The director or his agents, including title investigators, are authorized to examine any vehicle on the premises of any new or used car dealer, at any body shop, auction, salvage yard, or any shop where vehicles are repaired or restored for the purpose of checking vehicle identification numbers or investigating any violation in the process of selling, repairing, junking, dismantling or crushing a vehicle. Source. RSA 269-A:20-b. 1977, 191:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:12 Taking Without Owner's Consent.

262:12. Taking Without Owner's Consent. If any person shall willfully, or mischievously take, drive, or use any motor vehicle without the consent of the owner or person having control thereof, but not with intent to steal the same, he shall be guilty of a misdemeanor. Source. 1945, 80:1. RSA 263:82. 1971, 26:1. 1973, 528:146. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:13 Possession of Master Keys.

262:13. Possession of Master Keys. No person shall have in his possession a motor vehicle master key except for the following: I. Motor vehicle dealers registered under RSA 261:104. II. Garage mechanics, parking lot attendants or others engaged in the business of repairing, storing or maintaining physical security over motor vehicles. III. Law enforcement officers. IV. Locksmiths, key makers or other persons engaged in the business of designing, making, altering, duplicating or repairing locks or keys. V. A common or contract carrier when such keys are for use incidental to the conduct of its business. VI. Officers or employees of any automobile club or association if such keys are for use in connection with the activities of such club or association. VII. Employees of any governmental agency if such keys are for use in connection with the activities of such agency. Source. RSA 263:82-b. 1967, 222:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:14 Master Keys; Prohibited Acts.

262:14. Master Keys; Prohibited Acts. No person shall purchase, print, circulate, distribute, sell, or offer for sale advertising or publications containing advertisements promoting the sale of master keys as defined herein except in connection with trade publications or other advertisements intended primarily for those engaged in the activities specified in RSA 262:13. Source. RSA 263:82-c. 1967, 222:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:15 Master Keys; Penalty.

262:15. Master Keys; Penalty. Any person who violates the provisions of RSA 262:13 and 14 shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Source. RSA 263:82-d. 1967, 222:1. 1973, 528:147. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:16 Counterfeit, Unauthorized or Forged Stickers, or Decals or Facsimile; Altered or Modified Temporary Motor Vehicle Registration Plates.

262:16. Counterfeit, Unauthorized or Forged Stickers, or Decals or Facsimile; Altered or Modified Temporary Motor Vehicle Registration Plates. I. Any person who shall make, cause to be manufactured or issued, or shall display, use, offer for sale, possess, sell or alter an unofficial inspection sticker or an unofficial vehicle registration validation decal with intent to defraud or facilitate a fraud shall, if a natural person, be guilty of a misdemeanor; and any other person shall be guilty of a felony. II. Any person who, without authority from the director, shall make, cause to be manufactured or issued, display, use, offer for sale, possess, sell or alter an official inspection sticker or an official vehicle registration decal with intent to defraud or facilitate a fraud shall be guilty of a misdemeanor if a natural person or a felony if any other person. III. Any person who displays a facsimile of an official inspection sticker upon any vehicle, or who displays a facsimile of a motor vehicle registration validation decal upon a vehicle, or displays an official inspection sticker and knows or should have known that the inspection sticker was improperly issued or obtained, or who displays an official vehicle registration validation decal and knows or should have known that the registration decal was improperly issued or obtained shall be guilty of a violation. IV. Any person who alters or displays on any vehicle, an altered or modified temporary motor vehicle registration plate, and who knows or should have known that the temporary registration was altered, or falsely obtained, shall be guilty of a violation. Source. RSA 260:16-b. 1973, 159:1. 1979, 358:1, I. 1981, 146:1. 1983, 431:8. 1997, 12:1, 2, eff. Jan. 1, 1998.

RSA 262:16-a Seizure of Unauthorized Documents and Plates.

262:16-a. Seizure of Unauthorized Documents and Plates. The director and such employees of the department, and peace officers as he shall designate, are hereby authorized to take possession of any certificate of title, registration or license issued by this or any other state, which has been revoked, cancelled, or suspended, or which is fictitious, stolen or altered. Source. 1981, 479:21, eff. Jan. 1, 1982 at 12:01 a.m.

RSA 262:17 Odometer Tampering; Certification of Mileage.

262:17. Odometer Tampering; Certification of Mileage. I. A person is guilty of an offense if: (a) He changes, tampers with or defaces, or attempts to change, tamper with or deface, any gauge, dial, or other mechanical instrument, commonly known as an odometer or an hour meter in a motor vehicle, highway building appliance, snowmobile or boat, which, under normal circumstances and without being changed, tampered with or defaced, is designated to show by numbers or words the distance which the motor vehicle, highway building appliance, snowmobile or boat has traveled or the use sustained with the intention of misrepresenting to a prospective or eventual purchaser the number of miles traveled or the use sustained by said motor vehicle, highway building appliance, snowmobile or boat; or (b) Being the owner of or agent for the owner of a motor vehicle, highway building appliance, snowmobile or boat, he knowingly fails to certify the actual mileage of such motor vehicle, highway building appliance, snowmobile or boat to the best of his knowledge at the time of sale, trade or other type of transaction resulting in an assignment of title of the motor vehicle, highway building appliance, snowmobile or boat; or (c) Being the transferee of or agent for the transferee of a motor vehicle, he knowingly accepts an assignment of a certificate of title from the previous owner unless the actual mileage of the motor vehicle at the time of sale, trade, or other type of transfer resulting in an assignment of title to the motor vehicle has been entered on the certificate of title and certified by the previous owner to the best of his knowledge. II. Evidence that any odometer or hour meter shows less mileage or fewer hours after it has come into the possession of any person than was shown before it came into his possession shall be prima facie evidence of a violation of paragraph I(a) of this section, except for those odometers which have been repaired or replaced as provided in 15 U.S.C., section 1987(a). III. Certification of actual mileage pursuant to paragraph I(b) of this section shall be: (a) By an entry on the certificate of title or the application for a title if a certificate of title is required; (b) By a notarized statement signed by the seller if no certificate of title is required. IV. A person who commits an offense under this section shall be guilty of a misdemeanor for the first offense and, for a subsequent offense, shall be guilty of a class B felony if a natural person or a felony if any other person. Source. RSA 260:91, 92. 1971, 533:1. 1973, 528:136. 1977, 184:1. 1981, 146:1; 429:1, 2. 1983, 289:1, eff. Aug. 17, 1983.

RSA 262:18 Declaration of Policy.

262:18. Declaration of Policy. It is hereby declared to be the policy of New Hampshire: I. To provide maximum safety for all persons who travel or otherwise use the ways of the state; and II. To deny the privilege of driving motor vehicles on such ways to persons who by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state, the orders of her court and the statutorily required acts of her administrative agencies; and III. To discourage repetition of criminal acts by individuals against the peace and dignity of the state and her political subdivisions and to impose increased and added deprivation of the privilege to drive motor vehicles upon habitual offenders who have been convicted repeatedly of violations of traffic laws. Source. RSA 262-B:1. 1969, 433:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:19 Procedure.

262:19. Procedure. I. When the director determines that any person is an habitual offender within the meaning of RSA 259:39, the director shall issue an order requiring that person to appear for a hearing to show cause why he or she should not be barred from driving a motor vehicle upon the ways of this state. The show cause hearing shall incorporate a certified transcript or abstract of the person's conviction record, which shall be prima facie evidence that the person named therein was duly convicted, by the court in which such conviction or holding was made, of each offense shown by such transcript or abstract. If any person shall deny any of the facts stated in the transcript or abstract, he or she shall have the burden of proving that such is untrue. For the purposes of this chapter, a plea of nolo contendere shown on such transcript or abstract shall not make the same inadmissible. The department shall send notice for the show cause hearing by first class mail to the address of record with the division of motor vehicles. A person who fails to appear for the show cause hearing shall be defaulted and certified as an habitual offender, effective 30 days from the date of the hearing. The default order shall be served in-hand. II. If a person denies he was convicted of any offense necessary for a holding that he is an habitual offender and if the director cannot, on the evidence available to him, make such a determination, the director may certify the decision of such issue to the court in which the conviction was made. The court to which certification is made shall immediately conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the director. III. If the director finds that the person is not the same person named in the transcript or that the abstract does not contain the number of valid convictions required by RSA 259:39, the proceeding shall be dismissed. If the director finds that the person is the same person named in the transcript or abstract and that the person is an habitual offender, the director shall, by appropriate order, revoke the person's driver's license and direct the person not to drive a motor vehicle on the ways of this state for a period of one to 4 years effective upon the date of the order or upon dates of final conviction of the offense that resulted in certification. A copy of the order shall become part of the record of the division of motor vehicles. IV. No conviction for an offense specified under RSA 259:39 shall be annulled until at least 7 years after the conviction date. No court shall vacate, expunge, delete, cancel or otherwise remove such a conviction for at least 7 years subsequent to the conviction date, unless it is determined by a court of competent jurisdiction that the conviction was illegal or otherwise improper and invalid. V. The director may use convictions obtained in another state for the offense of reckless operation, driving while intoxicated, operating after suspension or revocation, manslaughter resulting from the operation of a motor vehicle, and negligent homicide resulting from the operation of a motor vehicle for the purpose of certifying an habitual offender. VI. A person who had his license revoked pursuant to RSA 262:19, III prior to July 17, 1987, may petition the director after a minimum of one year of such revocation for restoration of his driving privileges. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conditions under which the director may restore a driver's license revoked under such conditions prior to the expiration of the original period of revocation. Source. RSA 262-B:3. 1969, 433:1. 1973, 584:2. 1975, 496:2. 1981, 146:1. 1983, 373:2. 1985, 213:10. 1987, 238:2, 3. 1988, 238:1, 2. 1998, 325:1, eff. Jan. 1, 1999. 2022, 69:1, eff. July 19, 2022. 2024, 328:1, eff. Jan. 1, 2025.

RSA 262:22 Prohibition.

262:22. Prohibition. No license to drive motor vehicles in New Hampshire shall be issued to an habitual offender: I. Until such time as the period of revocation imposed pursuant to RSA 262:19, III has been served; II. Until such time as financial responsibility requirements are met, or until the commissioner, for good cause shown, grants a waiver of the requirements. Such waiver shall only be granted where the habitual offender has not driven a motor vehicle in violation of the order and has not held a license for 5 years or more; and III. Until the license of such person to drive a motor vehicle in this state has been restored in writing by an order of the director or of a court of record entered in a proceeding as hereinafter provided. Source. RSA 262-B:6. 1969, 433:1. 1981, 146:1. 1985, 213:11. 1987, 238:4. 2012, 60:1, eff. May 14, 2012.

RSA 262:23 Penalty.

262:23. Penalty. I. It shall be unlawful for any person to drive any motor vehicle on the ways of this state while an order of the director or the court prohibiting such driving remains in effect. If any person found to be an habitual offender under the provisions of this chapter is convicted of driving a motor vehicle on the ways of this state while an order of the director or the court prohibiting such operation is in effect, he or she shall be guilty of a felony and sentenced, notwithstanding the provisions of RSA title LXII, to imprisonment for not more than 5 years. No case brought to enforce this chapter shall be continued for sentencing; provided, however, that any sentence or part thereof imposed pursuant to this section may be suspended in cases in which the driving of a motor vehicle was necessitated by situations of apparent extreme emergency which required such operation to save life or limb. Any sentence of one year or less imposed pursuant to this paragraph shall be served in a county correctional facility. The sentencing court may order that any such offender may serve his or her sentence under home confinement pursuant to RSA 651:19 based on the rules and regulations of the county correctional facility where the sentence is to be served, provided the offender first serves 14 consecutive days of imprisonment prior to eligibility for home confinement. Habitual offenders shall only be eligible for the home confinement program once per lifetime. Any sentence of more than one year imposed pursuant to this paragraph shall be served in the state prison. II. For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his license, permit or privilege to drive is suspended or revoked, or is charged with driving without a license, the court before hearing such charge shall determine whether such person has been held an habitual offender and by reason of such holding is barred from driving a motor vehicle on the ways of this state. For the purposes of this section, in determining whether the person has been held an habitual offender and by reason of such holding is barred from driving a motor vehicle on the ways of this state, a certified copy of the individual's motor vehicle record on file with the division shall be as competent evidence in any court within this state as the original record would be if produced by the director as legal custodian thereof. III. Notwithstanding paragraph I, any person who qualifies under RSA 259:39 whose certification was not based on any conviction under RSA 265-A:2, I or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and who has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification shall be guilty of a class A misdemeanor and may be sentenced to one year or less. Any person incarcerated on June 8, 1992, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265-A:2, I involving a vehicle or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction. Source. RSA 262-B:7. 1969, 433:1. 1973, 528:142; 584:5. 1981, 146:1; 543:7, 8. 1985, 213:12. 1988, 238:3, 7. 1992, 31:1. 2000, 307:1, 2. 2001, 169:4. 2003, 237:10. 2006, 260:18, eff. Jan. 1, 2007. 2016, 312:1, eff. Jan. 1, 2017. 2018, 71:1, eff. Jan. 1, 2019.

RSA 262:24 Restoration of License.

262:24. Restoration of License. Upon the expiration of the revocation period imposed pursuant to RSA 262:19, III, or under conditions established by the commissioner pursuant to RSA 262:19, VI, such person may petition the director for restoration of his license to drive a motor vehicle on the ways of this state. Upon such petition, and for good cause shown, the director may restore to such person the license to drive a motor vehicle on the ways of this state upon such terms and conditions as the director may prescribe subject to other provisions of law relating to the issuance of drivers' licenses. Source. RSA 262-B:8. 1969, 433:1. 1973, 584:6. 1981, 146:1. 1985, 213:13. 1987, 238:5. 1988, 238:4, eff. April 30, 1988.

RSA 262:25 Appeal.

262:25. Appeal. An appeal to the superior court of Merrimack county may be had from any final action or order of the director pursuant to this chapter within 30 days of the date of the final action or order. All findings of the director upon all questions of fact properly before him shall be deemed prima facie lawful and reasonable and shall not be disturbed on appeal, unless the court finds that they could not reasonably have been made. The action or order appealed from shall not be set aside or vacated unless the party appealing shall prove that the director acted illegally with respect to jurisdiction, authority, or observance of law. An appeal to the supreme court of New Hampshire may be had from any action or order of the superior court entered under RSA 262:25 in the same manner and form as such an appeal would be noted, perfected, and tried in any other criminal action. Source. RSA 262-B:9. 1969, 433:1. 1973, 584:7. 1981, 146:1. 1985, 213:14. 1987, 238:5, eff. July 17, 1987.

RSA 262:26 Existing Law.

262:26. Existing Law. Nothing in this subdivision shall be construed as amending, modifying or repealing any existing law of New Hampshire or any existing ordinance of any political subdivision relating to the driving or licensing of vehicles, the licensing of persons to drive vehicles or providing penalties for the violation thereof; or shall be construed so as to preclude the exercise of the regulatory powers of any division, agency, department or political subdivision of the state having the statutory power to regulate such driving and licensing. Source. RSA 262-B:10. 1969, 433:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:27 Issuance of Citation to Resident of Reciprocating State.

262:27. Issuance of Citation to Resident of Reciprocating State. I. Other provisions of law to the contrary notwithstanding, a police officer making an arrest for a traffic violation shall issue a citation as appropriate to any motorist who is a resident of or holds a license issued by a reciprocating state and shall not, subject to the exceptions noted in RSA 262:27, II, require such motorist to post bail or bond to secure appearance for trial, but shall accept such motorist's personal recognizance that he will comply with the terms of such citation; provided, however, that a person so arrested shall have the right upon his request to post bail or bond in a manner provided by law and, in such case, the provisions of this subdivision shall not apply. II. No motorist shall be entitled to receive a citation under the provisions of RSA 262:27, I, nor shall any police officer issue such citation under said paragraph, if the offense for which the citation would be issued is one of the following: (a) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or (b) An offense, the conviction of or the forfeiture of collateral for which requires the suspension or revocation of the motorist's license. III. Upon the failure of any nonresident to comply with the terms of such a traffic citation, the court having jurisdiction may issue a warrant for his arrest and he shall be subject to the penalty provisions of RSA 642:8. The court shall notify the department of the failure of the cited nonresident to appear. Said notification shall clearly identify the person arrested; describe the violation, specifying the section of the statute, code or ordinance violated; shall indicate the location of the offense, give description of vehicle involved, and show the registration or license number of the vehicle. Source. RSA 264-A:2. 1971, 349:1. 1981, 146:1. 1988, 110:11. 1989, 386:10, eff. June 5, 1989.

RSA 262:28 Department to Transmit Court Notification to Reciprocating State; Suspension of Resident's License for Noncompliance With Citation Issued by Reciprocating State.

262:28. Department to Transmit Court Notification to Reciprocating State; Suspension of Resident's License for Noncompliance With Citation Issued by Reciprocating State. I. Upon receipt of a court notification pursuant to RSA 262:27, III, the department shall transmit a certified copy of said notification to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed. II. Upon receipt from the licensing authority of a reciprocating state in which an arrest was made, of a certification of noncompliance with a citation issued in a reciprocating state by a person holding a driver's license issued by this state, the director forthwith shall suspend such person's license. The order of suspension shall indicate the reason for the order, and shall notify the motorist that his license shall remain suspended until he has furnished evidence satisfactory to the department that he has fully complied with the terms of the citation which was the basis for the suspension order. III. A copy of any suspension order issued hereunder shall be furnished to the licensing authority of the reciprocating state in which the arrest was made. IV. It shall be the duty of the director to ascertain and remain informed as to which states are "reciprocating states" hereunder and, accordingly, to maintain a current listing of such states, which listing he shall from time to time cause to be disseminated among the appropriate departments, divisions, bureaus and agencies of this state, the principal executive officers of the several counties, cities and towns of this state and the licensing authorities in all other states which are, have been, or claim to be a "reciprocating state" pursuant hereto. Source. RSA 264-A:3. 1971, 349:1. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:28-a Foreign Diplomatic and Consular Officers.

262:28-a. Foreign Diplomatic and Consular Officers. I. This section shall apply only to persons who display drivers' licenses issued by the United States Department of State to a law enforcement officer, or who otherwise claim immunities and privileges under Title 22, Chapter 6 of the United States Code with respect to violations of RSA 630:2, RSA 630:3, or any provision of this title. II. If a person who is subject to this section is stopped by a law enforcement officer who has probable cause to believe that the person has violated RSA 630:2, RSA 630:3, or any provision of this title, the law enforcement officer shall: (a) As soon as practicable, contact the United States Department of State office in order to verify the driver's status and immunity, if any; (b) Record all relevant information from any driver's license or identification card, including a driver's license issued by the United States Department of State; and (c) Within 5 work days after the date of the stop, forward to the department: (1) A vehicle accident report, if the person was involved in a vehicle accident; and (2) A copy of the citation or other charging document, if a citation or other charging document was issued to the person; or (3) A written report of the incident, if a citation or other charging document was not issued to the person. III. The department shall: (a) File each vehicle accident report, citation or other charging document, and incident report that the department receives under this section. (b) Keep convenient records or make suitable notations showing: (1) Conviction; and (2) Vehicle accident. (c) Send a copy of each document and record received under this section to the Bureau of Diplomatic Security, Office of Foreign Missions, United States Department of State. IV. The provisions of this section shall not prohibit or limit the application of any other provision of law to a person who has or claims immunities or privileges under Title 22, Chapter 6 of the United States Code. Source. 2001, 150:1, eff. Jan. 1, 2002.

RSA 262:29 Agreement Authorized.

262:29. Agreement Authorized. The director is authorized and directed to execute all documents and perform all other acts necessary to enter into and carry out the provisions of the nonresident violator compact. Source. RSA 264-B:1. 1979, 358:7. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:30 Entry Into Compact and Withdrawal.

262:30. Entry Into Compact and Withdrawal. I. Entry into the compact shall be made by a resolution of ratification executed by the director and submitted to the chairman of the board of compact administrators. II. The effective date of entry shall be specified by the director, but it shall not be less than 60 days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the director has been received. III. The director may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. IV. The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials. V. The compact shall be known as the nonresident violator compact of 1977. Source. RSA 264-B:2. 1979, 358:7. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:31 Authority to Take.

262:31. Authority to Take. An authorized official may take a vehicle into his or her custody and may cause the same to be taken away and stored at some suitable place only as provided in this subdivision. Source. 1931, 83:1. RL 121:1. RSA 266:1. 1981, 146:1; 361:1, 3. 2010, 344:1, eff. Sept. 18, 2010.

RSA 262:31-a Use of Tow List Required.

262:31-a. Use of Tow List Required. In the event the state police in the interest of public safety and pursuant to applicable statutes and rules, including but not limited to clearing roads and entrances of disabled or abandoned vehicles, seeks to tow any vehicle, the tow company responsible for removal and storage shall be chosen from a tow list in accordance with RSA 106-B:26 through RSA 106-B:34. Source. 2021, 204:2, Pt. II, Sec. 1, eff. Oct. 9, 2021.

RSA 262:32 Reasons for Removal and Impoundment.

262:32. Reasons for Removal and Impoundment. An authorized official may cause the removal and storage of a vehicle if he has reasonable grounds to believe that: I. A vehicle has been left unattended on the paved portion of a toll road, turnpike, or interstate and defense highway for a period of greater than 4 hours; II. A vehicle has been left unattended on any way or the right-of-way thereof for a period of greater than 24 hours; III. A vehicle is obstructing any way or the access thereto, or access to a public building, or is or will be a menace to traffic if allowed to remain, or is obstructing snow removal or highway maintenance operations; IV. The owner or legal occupant of private property has complained that a vehicle is obstructing the passage of vehicles from a public street or highway onto the driveway of such private property; V. A vehicle is reported stolen, or is apparently abandoned, or without proper registration, or apparently unsafe to be driven; VI. The owner or custodian of the vehicle is under arrest or otherwise incapacitated, and the vehicle will be a menace to traffic if permitted to remain; or VII. A vehicle has been left unattended within a state-owned park and ride facility for a period of greater than 21 days. VIII. A vehicle is parked or has been left unattended on election day for longer than 3 hours in an area designated for voters who are temporarily present for the purpose of voting. IX. A vehicle, camper, or other equipment has been towed to and left at a park-and-ride facility without written approval of the commissioner. In such cases, the state may seek reimbursement for the removal costs from the towing company, the owner, or both. Source. 1931, 83:1. RL 121:1. RSA 266:1. 1981, 146:1; 361:1, 3. 2006, 254:3. 2008, 210:3, eff. Aug. 15, 2008. 2020, 36:4, eff. Jan. 1, 2020. 2025, 141:393, eff. July 1, 2025.

RSA 262:33 Procedure for Removal and Impoundment.

262:33. Procedure for Removal and Impoundment. I. Upon satisfying the requirements of RSA 262:32, such vehicle may be removed and stored in a suitable place, and all reasonable charges incurred as a result of such removal and storage shall be a lien against the vehicle which shall be paid by the owner, custodian, or person claiming such vehicle, except as otherwise provided in this section. [Paragraph II effective until January 1, 2027; see also paragraph II set out below.] II. Whenever a vehicle is towed pursuant to RSA 262:31-a or RSA 262:32 the owner or other person lawfully entitled to the possession of the vehicle shall be entitled to recover said vehicle and release of the above lien by payment of all reasonable towing and storage charges. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge whether there was sufficient grounds for towing and impoundment, he or she may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the release of such vehicle, and, within 15 days of the towing and impoundment, request in writing a hearing. [Paragraph II effective January 1, 2027; see also paragraph II set out above.] II. Whenever a vehicle is towed pursuant to RSA 262:31-a or RSA 262:32 the owner or other person lawfully entitled to the possession of the vehicle shall be entitled to recover said vehicle and release of the above lien by payment of all reasonable towing and storage charges. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge whether there was sufficient grounds for towing and impoundment, he or she may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the release of such vehicle, and, within 30 days of the receipt of the invoice, request in writing a hearing. [Paragraph III effective until January 1, 2027; see also paragraph III set out below.] III. The hearing shall be held before the head of the law enforcement agency which employs the authorized official who caused the vehicle to be removed and stored, or his or her designee. In the event such agency head or his or her designee determines sufficient grounds did not exist for the removal and storage of the vehicle, the law enforcement agency shall reimburse the owner or other person lawfully claiming possession for any amount paid to the custodian to secure release of the vehicle. [Paragraph III effective January 1, 2027; see also paragraph III set out above.] III. The hearing shall be held before the head of the law enforcement agency which employs the authorized official who caused the vehicle to be removed and stored, or his or her designee. In the event such agency head or his or her designee determines sufficient grounds did not exist for the removal and storage of the vehicle, the law enforcement agency shall reimburse the owner or other person lawfully claiming possession for any amount paid to the custodian to secure release of the vehicle, or, if payment has not yet been made, order that the vehicle be immediately released from impoundment, with the agency assuming full liability of the lien. IV. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may be permitted by laws of this state by a court of competent jurisdiction. [Paragraph II effective until January 1, 2027; see also paragraph II set out below.] [Paragraph II effective January 1, 2027; see also paragraph II set out above.] [Paragraph III effective until January 1, 2027; see also paragraph III set out below.] [Paragraph III effective January 1, 2027; see also paragraph III set out above.] Source. 1931, 83:1. RL 121:3, 4. RSA 266:3, 4. 1981, 146:1; 361:1, 3. 2010, 344:2, eff. Sept. 18, 2010. 2022, 301:7, eff. July 1, 2022. 2026, 274:2, eff. Jan. 1, 2027.

RSA 262:34 Notice of Removal.

262:34. Notice of Removal. Whenever an authorized official or the owner or person in lawful possession of private property directs the removal and storage of a vehicle as permitted in this subdivision, he or she shall, if he or she knows or is able to ascertain from the registration records of the division the name and address of record of the registered owner of the vehicle, attempt to give or have given by the most practicable means, notice of the fact of such removal and the place to which said vehicle has been removed. If the authorized official does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as provided in this section, such notice shall be filed with the director within 30 days of the removal, which notice shall be placed on file and results of owner and lienholder information shall be mailed to the custodian of the vehicle, by said director and open to public inspection. Source. 1981, 361:1, 3. 1989, 253:8, eff. July 25, 1989. 2017, 31:2, eff. May 9, 2017.

RSA 262:35 Exemption From Liability.

262:35. Exemption From Liability. No custodian shall be liable for damages to such vehicle while it is in his or her custody, providing due care is exercised to prevent negligent acts. Source. 1931, 83:1. RL 121:2. RSA 266:2. 1981, 146:1; 361:1, 3. 2010, 344:3, eff. Sept. 18, 2010.

RSA 262:35-a Review of Fees for Removal and Impoundment.

262:35-a. Review of Fees for Removal and Impoundment. I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables, including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the amount of time needed to remove and store the vehicle, any special equipment needed, and personnel costs. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge the reasonableness of the fee charged, the owner or other person may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the release of the vehicle, and, within 15 days of the release of the vehicle, request in writing a review by the commissioner of safety. The commissioner of safety or designee shall review the claim to determine if there are sufficient grounds to conduct a hearing to determine whether the charge was reasonable. If the commissioner or designee determines that a hearing is necessary, the hearing shall be scheduled by the bureau of hearings within 20 days after review by the commissioner, at which time the extent of removal and storage fees shall be determined. The commissioner or designee shall approve or disapprove of the decision of the bureau of hearings within 7 days after the hearing was held. Notwithstanding RSA 262:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the 15-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this section and shall be liable for the total amount billed. II. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may be permitted by laws of this state by a court of competent jurisdiction. III. Any time that a person is storing a vehicle pursuant to the provisions of this subdivision, the person may remove any items from within the vehicle that are not a part of or accessories to the vehicle. The person may hold any such items, other than wallets, purses, life essential clothing, mail, legal documents, car seats, eyeglasses, medicine, medical equipment, or house keys pending payment of any fees due under this subdivision. If fees remain unpaid after 20 days, the person may dispose of the items. [RSA 262:35-a effective until January 1, 2027; see also RSA 262:35-a set out below.] Source. 2001, 213:1. 2003, 119:1. 2010, 344:4, eff. Sept. 18, 2010.

RSA 262:35-b Notice of Right to Dispute Towing and Storage Charges.

262:35-b. Notice of Right to Dispute Towing and Storage Charges. I. This section shall apply to any tow of a motor vehicle performed at the direction of a law enforcement officer within the state. This section shall not apply to any tow conducted pursuant to a private property agreement, municipal contract, or municipal ordinance. II. An invoice for towing or storage of a motor vehicle shall clearly indicate the process for appealing the reasonableness of such charges. Such notice shall be provided on the invoice and may include an Internet website address or scannable code linking to additional information. III. Any towing service that fails to provide the notice required in paragraph II shall be guilty of a violation and shall be fined $100 for each violation. Repeated violations of this section may be referred to the department of safety for review and for any action authorized under the law. [RSA 262:35-b effective January 1, 2027.] Source. 2026, 274:4, eff. Jan. 1, 2027.

RSA 262:36-a Disposal by Storage Company.

262:36-a. Disposal by Storage Company. I. If the owner of a motor vehicle removed or stored pursuant to RSA 262:33 or RSA 262:40-a does not claim the vehicle within 20 days, and the vehicle is more than 5 model years old at the time of removal, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38, provided that no notice by publication shall be required. II. If the vehicle is 5 model years old or less at the time of removal and the vehicle has not been claimed within 30 days, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38. III. If the value of the vehicle is less than $1,000 or the vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle and only fit for salvage as determined in good faith through the application of reasonable automotive industry standards, the storage facility may dispose of the vehicle in 15 days without the notice required by RSA 262:38 and RSA 444. If the last place of abode of the owner of such vehicle is known to or may be ascertained by such storage facility by the exercise of reasonable diligence, the storage facility shall give notice of the time and place of the sale to the owner by verified mail as defined in RSA 21:53, or in person, at least 10 days prior to the disposal and upon written notice to the director subject to such rules as the department shall adopt pursuant to RSA 541-A. IV. If the towing or storage facility has knowledge or has been notified that the owner of the vehicle is hospitalized or incarcerated as a result of an accident, the time allowed for claiming the vehicle under paragraph I shall be extended for an additional 14 days or until the person has been released from the medical facility or place of incarceration, whichever occurs first. Source. 1989, 253:5. 2010, 344:5. 2012, 207:4, eff. Aug. 12, 2012. 2019, 242:3, eff. Oct. 10, 2019.

RSA 262:37 Sale Authorized.

262:37. Sale Authorized. If the vehicle shall have been stored pursuant to this subdivision and all the requirements of RSA 262:36-a have been met, the custodian of the vehicle may sell the same, at the custodian's place of business at public auction, for cash. Source. 1931, 83:1. RL 121:6. RSA 266:6. 1981, 146:1; 361:1, 3. 1989, 253:6. 2010, 344:6, eff. Sept. 18, 2010.

RSA 262:37-a Access to Records.

262:37-a. Access to Records. The custodian of the vehicle may obtain the name and last known mailing address of the last registered owner of a vehicle stored pursuant to this subdivision, and a law enforcement officer with jurisdiction, upon request of the operator of a tow truck, shall give to the tow truck operator, upon receipt of such information, the name and mailing address of the registered owner of the vehicle if the owner or custodian of the vehicle was not present or able to give that information at the scene. If the law enforcement officer is aware that the owner or custodian of the vehicle was removed to a medical or correctional facility, the law enforcement officer shall notify the tow truck operator of that fact. Source. 2010, 344:7, eff. Sept. 18, 2010.

RSA 262:38 Notice of Sale.

262:38. Notice of Sale. Notice of sale shall be given by posting notices thereof in 2 or more public places in the town or city where the property is stored, at least 14 days before the sale and, if the current retail value of the vehicle exceeds $1,000, as determined in good faith and by a credible method, by publishing the notice at least once in a newspaper of general circulation in the area. If the last place of abode of the owner of such vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, a notice of the time and place of the sale shall be given by the garage owner by registered or certified mail, or in person, at least 14 days prior to the sale. Source. 1931, 83:1. RL 121:7. RSA 266:7. 1981, 146:1; 361:1, 3. 2010, 344:8, eff. Sept. 18, 2010. 2017, 31:3, eff. May 9, 2017.

RSA 262:39 Application of Proceeds.

262:39. Application of Proceeds. The balance of the proceeds of sale, if any, after payment of the amount of the liens and the reasonable expenses incident to the sale, shall be paid to the owner of such vehicle or his legal representative if claimed at any time within one year from the date of sale. If such balance shall not be claimed within said period, it shall be paid into the state treasury for the use of the state. Source. 1931, 83:1. RL 121:8. RSA 266:8. 1981, 146:1; 361:1, 3, eff. Jan. 1, 1982 at 12:01 a.m.

RSA 262:40 Vehicles Involved in Crimes.

262:40. Vehicles Involved in Crimes. Whenever a vehicle is reasonably believed to have been used in connection with a criminal offense, and a peace officer has ordered the removal and impoundment of such vehicle, the custodian of said vehicle shall release it upon authorization of the removing agency or a court of competent jurisdiction. Source. 1981, 361:1, 3, eff. Jan. 1, 1982 at 12:01 a.m.

RSA 262:40-a Vehicles Removed From Private and State Property; Conspicuous Notice in Parking Lots and Garages.

262:40-a. Vehicles Removed From Private and State Property; Conspicuous Notice in Parking Lots and Garages. I. The owner or person in lawful possession of any private property or the manager of a state-owned park and ride facility on which a vehicle is parked without permission or is apparently abandoned may: (a) Cause the removal of the vehicle in a reasonable manner provided he or she gives notice of such removal to a peace officer as soon as reasonably possible; or (b) Notify a peace officer that he or she wishes to have such a vehicle removed from the property, whereupon the peace officer or another authorized official shall cause the removal of such vehicle pursuant to the removal, impoundment, and notice procedures required by this subdivision. II. The department of transportation shall give authorized persons permission to remove vehicles which are abandoned, as described in RSA 262:32, at state-owned park and rides. III. The department of transportation shall give authorized persons permission to move any vehicle within a state-owned park and ride facility when such vehicle is improperly parked in a bus storage or travel lane which is properly marked. The owner of the vehicle shall be responsible for the costs of moving the vehicle. IV. The costs of removing a vehicle under this section, including reasonable towing and storage costs, shall, consistent with RSA 262:35-a, be the responsibility of the last registered owner according to department records, unless said last registered owner is able to establish a transfer of ownership to some other person prior to abandonment or that the vehicle was reported stolen to a law enforcement agency at the time of abandonment, in which case the last owner shall be liable. If a vehicle is towed from a parking lot or parking garage, charges for removal and storage shall not be assessed against the vehicle owner unless there is posted in the parking lot or parking garage conspicuous notice that illegally parked vehicles are subject to towing at the owner's expense. V. Any police department which receives a request to have a vehicle removed or receives notice of a removal as provided in this section shall maintain a log of such requests and notices. Source. 1981, 361:1, 3. 1989, 253:2. 1994, 295:1. 2006, 254:1, 2. 2007, 175:1. 2008, 210:4, 5. 2010, 344:9, eff. Sept. 18, 2010.

RSA 262:40-c Abandoning a Vehicle; Penalty.

262:40-c. Abandoning a Vehicle; Penalty. I. No person shall abandon a motor vehicle, registered or unregistered, on any way or on any property other than his or her own without the permission of the owner or lessee of said property or, in the case of public property, of the police department having jurisdiction over the property and no person shall abandon a vehicle at a storage facility after being notified in person or by registered or certified mail to redeem the vehicle. For the purposes of this section, a vehicle shall be considered abandoned if it has been left for more than 24 hours without the appropriate permission being given or at a storage facility after having been given 10 days' notice to redeem it. II. A storage facility to which an abandoned vehicle has been towed may dispose of such vehicle after complying with the notice requirements of RSA 262:36-a or RSA 262:38, as applicable. It shall be a rebuttable resumption that the notice was received if it was given pursuant to the provisions of this subdivision. III. The last owner of record of a motor vehicle found abandoned, as shown by the files of the department, shall be deemed prima facie to have been the owner of such motor vehicle at the time it was abandoned and to have been the person who abandoned the motor vehicle or caused or procured its abandonment, unless said last registered owner is able to establish a transfer of ownership prior to abandonment, in which case the transferee shall be liable, or that the vehicle had been reported stolen to a law enforcement agency at the time of abandonment. IV. Any person who violates the provisions of this section shall be guilty of a violation and shall be subject to a fine of not less than $100 and not more than $500 plus penalty assessment, and may be subject to the loss of driver's license or driving privilege and registration or privilege of registering as provided in RSA 263:56 and RSA 261:179. V. The commissioner of safety or designee may assess costs of abandoning a vehicle, including but not limited to, reasonable towing, processing, disposal, and storage costs, against any person convicted of abandoning a vehicle in violation of this section, and the director shall, unless there is just cause to do otherwise, suspend the driver's license or driving privilege, and registration or privilege of registering of any person who has not paid such costs. Source. 1989, 253:3. 2003, 119:2. 2010, 344:10, eff. Sept. 18, 2010.

RSA 262:41 General Penalty.

262:41. General Penalty. Unless otherwise provided in statute, any person convicted of a violation of any provision of this title, or of any rule made under authority thereof, shall be fined $50 plus penalty assessment for a first offense. For any subsequent offense committed during any calendar year such person shall be fined $100 plus penalty assessment. Source. 1921, 119:15. PL 102:21. RL 118:23. RSA 262:28. 1959, 155:1. 1973, 530:37. 1981, 146:1, eff. Jan. 1, 1982. 2015, 202:1, eff. Jan. 1, 2016.

RSA 262:42 Placing Complaint on File.

262:42. Placing Complaint on File. Except as herein otherwise provided, a complaint against a person for the violation of any provision of this title may be placed on file at the discretion of the court, if the violation appears to have been unintentional, or if no person or property could have been endangered thereby. Source. 1921, 119:15. PL 102:22. RL 118:24. RSA 262:29. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:42-a Prohibition on Placing on File or Masking Convictions Incurred by Holders of Commercial Driver Licenses or Persons Required to Hold Such Licenses.

262:42-a. Prohibition on Placing on File or Masking Convictions Incurred by Holders of Commercial Driver Licenses or Persons Required to Hold Such Licenses. The court shall not place on file, mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent the conviction of a holder of a commercial driver license, or a person required to hold a commercial driver license, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state. Source. 2008, 149:1, eff. Jan. 1, 2009.

RSA 262:43 Appearance by Counsel or Others.

262:43. Appearance by Counsel or Others. Any person charged with violation of the provisions of any law relative to the use and driving of vehicles, except where the penalty involves imprisonment, may, without personal appearance, appear by counsel or by any citizen of good character in answer to said charge. Source. 1953, 239:3; 260:3. RSA 262:37. 1981, 146:1, eff. Jan. 1, 1982.

RSA 262:44 Waiver in Lieu of Court Appearance; Default.

262:44. Waiver in Lieu of Court Appearance; Default. Any person charged with a violation of the provisions of title XXI on vehicles, excluding a violation of RSA 263:1-a, RSA 265:79, RSA 265-A:2, RSA 265-A:3, RSA 265:115, RSA 265:117, a speeding offense under RSA 265:60 for which the defendant must appear in court, and any offense which is a misdemeanor or felony, may plead guilty, nolo contendere, or not guilty by mail in the following manner: I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited to the highway fund and not out of the penalty assessment charged by the district court. The director of the division of motor vehicles shall remit the penalty assessments collected to the state treasurer to be credited and continually appropriated to the state general fund and to the victims' assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in RSA 106-L:10. Fines shall be paid over to the state treasurer, and shall be credited to the highway fund within 14 days of their receipt. II. If the defendant wishes to enter a not guilty plea, he shall enter such plea on the summons and return it to the division of motor vehicles within 30 days of the date of the summons. The division shall transmit the plea to the appropriate court and the court shall schedule a trial. Upon the conclusion of the trial, the court shall transmit the result of the trial to the division for division records. III. (a) Whenever a defendant: (1) Does not enter a plea-by-mail with the director of the division of motor vehicles within 30 days of the date of the summons or, if required to appear in court personally, does not appear personally or by counsel at the court on or before the required date or move for a continuance; or (2) Fails to pay a fine or other penalty in connection with a conviction of a title XXI offense or payment of such fine or other penalty is uncollectible or unacceptable pursuant to RSA 6:11-a, the defendant shall be defaulted. In cases where the defendant has failed to enter a plea-by-mail with the director, the director of designee shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In cases where the defendant has defaulted on a court obligation, the court shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In any case, the defendant's driving privileges shall be suspended as provided in RSA 263:56-a. (b) Whenever a defendant otherwise fails to appear for a scheduled court appearance in connection with a summons for any violation level offense for which a defendant may plea by mail, the court shall proceed to hear the state's evidence, by offer of proof or otherwise, and enter a finding in accordance therewith. If a finding of guilty is made, the court shall set the fine, and the clerk shall mail or deliver to the defendant's last known address a notice of finding and imposition of fine form approved by the administrative justice of the district court, appointed under supreme court rule. Payment in full shall be required within 30 days from the date of the notice. Any defendant who fails to make the payment shall be subject to the provisions of RSA 262:44, III(a)(1)-(2). No finding made by the court shall be set aside except for cause. (c) In defaulted court cases for violations of title XXI, the court shall notify the director of the division of motor vehicles of the defendant's default, and the amounts of the fine and other penalties, on a form prescribed by the director or by electronic means. The amount of the administrative processing fee shall be determined by the New Hampshire supreme court in accordance with the provisions of RSA 502-A:19-b, V and shall be retained by the court for the benefit of the state in those cases in which the fee is assessed by the court. In other cases, the fee shall be retained by the department of safety for the benefit of the state. IV. The court may, in its discretion, issue a bench warrant for the arrest of any defendant who: (a) Has defaulted as provided in RSA 262:44, III; or (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined the defendant is able to pay, or payment of a fine or other penalty is uncollectible or unacceptable, pursuant to RSA 6:11-a; or (c) Fails to comply with a similar court order of the director or a court on any matter within the director's or court's jurisdiction. V. For cause, the court in its discretion may refuse to accept a plea by mail and may impose a fine other than that prescribed by the uniform fine schedule. the court may order the defendant to appear personally in court for the disposition of the case. VI. The uniform fine schedule referred to in paragraph I shall be developed pursuant to RSA 502-A:19-b, V. VII. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to the forms and procedures required for the division of motor vehicles and department of safety to carry out their duties and responsibilities under this section. VIII. The commissioner of the department of safety shall make an annual report 60 days after the close of each fiscal year to the fiscal committee of the general court on fines and fines in default, paid and unpaid, for each year beginning with 1993. Source. RSA 262:37-a. 1975, 116:1. 1981, 146:1. 1992, 257:23. 1993, 140:1. 1999, 261:4. 2004, 183:2. 2006, 260:19. 2008, 223:2, 3; 237:6. 2009, 144:117. 2012, 247:26. 2013, 144:105, eff. July 1, 2013. 2016, 319:9, eff. July 1, 2016. 2017, 206:14, eff. Sept. 8, 2017. 2019, 346:160, eff. July 1, 2019.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXI-262.htmFetched: 10/20/2026