New Hampshire Revised Statutes 265:107-a – Child Passenger Restraints Required
Current as of: 2023 | Check for updates
|
Other versions
I. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such person is wearing a seat or safety belt which is properly adjusted and fastened. Except as provided in paragraph II, no person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless the motor vehicle was designed for and equipped with child passenger restraints in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. § 571.213.
I-a. No person who is less than 18 years of age shall drive a motor vehicle or autocycle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened.
I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. § 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.
I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. § 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply. Each child restraint system shall be used in accordance with its manufacturer instructions, including manufacturer height and weight limits, proper attachment to the vehicle, correct securement of the child, and expiry dates.
I-c. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 2 years of age unless such passenger is properly fastened and secured by a rear facing child restraint system which is in accordance with safety standards.
II. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is regularly used to transport passengers for hire, is a school bus weighing more than 10,000 pounds or is a school bus weighing less than 10,000 pounds that was manufactured without safety belts, or there is an individualized education program statement contraindicating the use of restraints, is a vehicle manufactured before 1968, is a motorcycle as defined in N.H. Rev. Stat. § 259:63, is an antique motor vehicle, farm tractor, or motorcycle as defined in N.H. Rev. Stat. § 259:4, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour.
III. Any driver who violates the provisions of this section shall be guilty of a violation, and shall be subject to the following fines:
(a) $50 for a first offense.
(b) $100 for a second or subsequent offense.
IV. A violation of this section shall not be used as evidence of contributory negligence in any civil action.
V. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.
VI. [Repealed.]
I-a. No person who is less than 18 years of age shall drive a motor vehicle or autocycle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened.
Terms Used In New Hampshire Revised Statutes 265:107-a
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Autocycle: means a 3-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride, is equipped with safety belts for all occupants and is manufactured to comply with federal safety requirements for motorcycles. See New Hampshire Revised Statutes 259:4-d
- Bus: shall mean every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See New Hampshire Revised Statutes 259:7
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- farm: means any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 259:32
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Motorcycle: shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding electric bicycles, tractors, and mopeds. See New Hampshire Revised Statutes 259:63
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- School bus: shall mean a vehicle owned by a public or governmental agency, or a privately owned vehicle, including a station wagon, suburban, panel body vehicle and vehicles converted to a school bus, but excluding a passenger vehicle, employed solely in transporting school children to and from school or school activities by virtue of a contract with a municipality, municipal board or school board authorities. See New Hampshire Revised Statutes 259:96
- Tractor: shall mean : any self-propelled vehicle designed or used for agricultural purposes or as a traveling power plant or for drawing other vehicles, but having no provision for carrying a load other than attached implements such as snowplows, tool boxes, or bucket loaders, but shall not include vehicles used for recreational purposes or agricultural/industrial utility vehicles as defined in N. See New Hampshire Revised Statutes 259:108
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122 - Way: shall mean :
I. See New Hampshire Revised Statutes 259:125
[Paragraph I-b effective until January 1, 2024; see also paragraph I-b set out below.]
I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. § 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.
[Paragraph I-b effective January 1, 2024; see also paragraph I-b set out above.]
I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. § 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply. Each child restraint system shall be used in accordance with its manufacturer instructions, including manufacturer height and weight limits, proper attachment to the vehicle, correct securement of the child, and expiry dates.
[Paragraph I-c effective January 1, 2024.]
I-c. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 2 years of age unless such passenger is properly fastened and secured by a rear facing child restraint system which is in accordance with safety standards.
II. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is regularly used to transport passengers for hire, is a school bus weighing more than 10,000 pounds or is a school bus weighing less than 10,000 pounds that was manufactured without safety belts, or there is an individualized education program statement contraindicating the use of restraints, is a vehicle manufactured before 1968, is a motorcycle as defined in N.H. Rev. Stat. § 259:63, is an antique motor vehicle, farm tractor, or motorcycle as defined in N.H. Rev. Stat. § 259:4, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour.
III. Any driver who violates the provisions of this section shall be guilty of a violation, and shall be subject to the following fines:
(a) $50 for a first offense.
(b) $100 for a second or subsequent offense.
IV. A violation of this section shall not be used as evidence of contributory negligence in any civil action.
V. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.
VI. [Repealed.]