New Hampshire Revised Statutes 263:93-a – Disqualification and Out-of-Service Orders
Current as of: 2023 | Check for updates
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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.
For details, see N.H. Rev. Stat. 651:2
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.
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.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
| Class B misdemeanor | [none] | up to $1,200 |
Terms Used In New Hampshire Revised Statutes 263:93-a
- Commercial driver: shall mean a person who drives a commercial motor vehicle as defined in N. See New Hampshire Revised Statutes 259:12
- Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
(c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
(d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e - Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
- Hazardous materials: shall mean hazardous materials as defined in N. See New Hampshire Revised Statutes 259:40
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Out-of-service order: shall mean a declaration by the Federal Highway Administration or an authorized local, state or federal enforcement officer, or an enforcement officer from the commonwealth of Puerto Rico, Canada, or Mexico, that a driver, or a commercial motor vehicle, or a motor carrier operation, is out of service. See New Hampshire Revised Statutes 259:71-a
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
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.