Terms Used In New Hampshire Revised Statutes > Chapter 263 - Drivers' Licenses

• Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
• Active duty: means full-time duty as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces. See New Hampshire Revised Statutes 21:50
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
• Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Armed forces: means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. See New Hampshire Revised Statutes 21:50
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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
• CDL: shall mean a license issued by the department in accordance with the requirements of N. See New Hampshire Revised Statutes 259:12-c
• Certificate: shall mean :
  I. See New Hampshire Revised Statutes 259:9
• Citation: shall mean any citation, summons, ticket or other document issued by an arresting officer for violation of a law, ordinance or rule, pertaining to motor vehicle traffic, ordering the arrested motorist to appear. See New Hampshire Revised Statutes 259:10
• Commercial driver: shall mean a person who drives a commercial motor vehicle as defined in N. See New Hampshire Revised Statutes 259:12
• Commercial driver learner permit: shall mean a permit issued pursuant to N. See New Hampshire Revised Statutes 259:12-b
• 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
• Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: shall mean any substance so classified under section 102(6) of the Controlled Substances Act (21 USC section 802(6)), and includes all substances listed on schedules I through V of 21 C. See New Hampshire Revised Statutes 259:13-b
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation. See New Hampshire Revised Statutes 259:14
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dealer: shall mean a retail vehicle dealer or an auto wholesale dealer. See New Hampshire Revised Statutes 259:18
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
• Disqualification: shall mean a prohibition against driving a commercial motor vehicle. See New Hampshire Revised Statutes 259:20-a
• Division: shall mean the division of motor vehicles in the department of safety. See New Hampshire Revised Statutes 259:22
• Domicile: shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. See New Hampshire Revised Statutes 259:23
• Donor: The person who makes a gift.
• 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
• Duplicate copy: when used in reference to a driver's license, shall mean an additional license so marked containing a new photograph made when the additional license is obtained. See New Hampshire Revised Statutes 259:27
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: shall mean the year beginning July 1 and ending June 30. See New Hampshire Revised Statutes 259:33
• 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
• Foreign jurisdiction: shall mean any jurisdiction other than a state of the United States. See New Hampshire Revised Statutes 259:35-a
• Fraud: Intentional deception resulting in injury to another.
• Fraudulent practices: when used in reference to drivers' schools, shall mean, but not be limited to:
  I. See New Hampshire Revised Statutes 259:36
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous materials: shall mean hazardous materials as defined in N. See New Hampshire Revised Statutes 259:40
• Ignition interlock device: shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle's ignition system. See New Hampshire Revised Statutes 259:43-a
• Imminent hazard: shall mean the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. See New Hampshire Revised Statutes 259:43-c
• Judgment: shall mean any judgment which shall have become final, rendered by a court of competent jurisdiction of any state, or of the United States. See New Hampshire Revised Statutes 259:46
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Moped: shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears. See New Hampshire Revised Statutes 259:57
• 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
• Motorcycle driver: shall mean any person who drives a motorcycle. See New Hampshire Revised Statutes 259:64
• Next of kin: shall mean the spouse, child, parent, stepparent, sibling, or legal guardian of the individual in question. See New Hampshire Revised Statutes 259:66-a
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresident: shall mean :
  I. See New Hampshire Revised Statutes 259:67
• OHRV: shall mean an off highway recreational vehicle. See New Hampshire Revised Statutes 259:70
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• 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
• Owner: shall mean :
  I. See New Hampshire Revised Statutes 259:72
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
• petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• Place of business: shall mean the site, location or building within this state at which a person conducts the business in which he is engaged. See New Hampshire Revised Statutes 259:76
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
• Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
• road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
• roadway: means that portion of a way improved, designed, or ordinarily used for vehicular travel, including the berm or shoulder where such berm or shoulder is used by persons riding bicycles or other human powered vehicles. See New Hampshire Revised Statutes 259:75-b
• 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
• Serious injury: shall mean any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or to the function of any part of the body. See New Hampshire Revised Statutes 259:98-b
• Snowmobile: shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. See New Hampshire Revised Statutes 259:102
• State: shall mean :
  I. See New Hampshire Revised Statutes 259:106
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tractor-trailer: shall mean any truck-tractor and semi-trailer. See New Hampshire Revised Statutes 259:109
• Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
• 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
• Veteran: means any person who:
  (1) Served in the United States armed forces for more than 4 years and continues to serve; or
  (2) Has been discharged or released from duty in the United States armed forces with:
  (A) An honorable discharge; or
  (B) An uncharacterized discharge based on a service-connected injury, illness, or disability. See New Hampshire Revised Statutes 21:50
• Way: shall mean :
  I. See New Hampshire Revised Statutes 259:125