JURISDICTION: NEW HAMPSHIRE

This chapter summarizes New Hampshire State statutes related to speed.

General Reference: New Hampshire Revised Statutes Annotated and New Hampshire Code of Administrative Rules (NHCAR)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual an potential hazards then existing. §265:60, I

Statutory Speed Limit: Operating a motor vehicle above the following speed limits is considered

See Other below. prima facie evidence that such speed is unreasonable. §265:60, II

1) 65 MPH on the interstate system and other highways designated via statute⁽¹⁾ §265:60, II(e)

2) 55 MPH on other highways §265:60, II(d)

3) 35 MPH in rural residential districts and class V highways outside the compact part of a city or town §265:60, II(c)

4) 30 MPH in a business or urban residential district §265:60, II(b)

5) 10 MPH below the normal posted speed limit in a school zone⁽²⁾ §265:60, II(a)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Commissioner of Transportation may increase or decrease the prima facie limit on the State highway system or on highways outside the compact area of a city or town.⁽³⁾ §265:62, I

II. Based on a petition and an engineering and traffic investigation, a local government, the State Commissioner of Transportation may decrease the prima facie speed limit on the State highway system within the compact area of a city or town. However, such reduced limit cannot be <25 MPH. §265:62, IV

III. Based on engineering and traffic investigations, a local government may increase or decrease prima facie speed limits within their jurisdictions.⁽⁴⁾ §265:63, I & II

IV. Based on engineering and traffic investigations, the State Commissioner of Transportation may establish safe maximum speed limits for bridges and other elevated structures. §265:66, III & IV

Minimum Speed Limit: A person shall not drive a vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §265:64, I

Basis for a Speed Law Violation: (continued)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Commissioner of Transportation may declare a minimum prima facie speed limit on a highway. §265:64, II

Other: I. A person shall not drive a vehicle that is towing a house trailer >45 MPH. §265:66, I

II. A person shall not drive a vehicle that is equipped with solid rubber or cushion tires >10 MPH. §265.66, II

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Offenses are Violations.⁽⁵⁾ §§265:2 & 625:9, II(b)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $1,000 §651:2, IV(a)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a Driver Attitude Training program. §263:56-e

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): I. Suspension via Court Order §263:57

II. Suspension via a Point System⁽⁶⁾ §263:56, I(c) & III

III. Revocation for 3 traffic offenses within 1 year §§263:55 & 263:56

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action: (continued)

Term of License Withdrawal

(Days, Months, Years, etc.): I. Suspension via Court Order-Not more than 30 days §263:57

II. Suspension via a Point System-Not more than 1 year §263:56, I(c) & III

III. Revocation for 3 traffic offenses within 1 year-30 days to 1 year §§263:55 & 263:56, III

Mandatory Minimum Term of

Withdrawal: I. Suspension via Court Order-None Action is discretionary with the court. §263:57

II. Suspension via a Point System-Suspensions occurring under this system appear to be mandatory.⁶ §263:56, I(c) & III and NHCAR Saf-C 211..04(b)

III. Revocation for 3 traffic offenses within 1 year-30 days §§263:55 This licensing action appears to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Violation §265:75

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): Not more than $1,000 §651:2, IV(a)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: The administrative licensing actions listed for speeding violations also apply to this offense.

Length of Term of

Licensing Withdrawal:

Mandatory Action--Minimum

Length of License

Withdrawal:

Other: An offender may be required to attend a Driver Attitude Training program. §263:56-e

Reckless Driving: Violation §265:79

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Fine ($ Range): $250 to $500 §265:79

Mandatory Minimum Fine: $250 §265:79 The minimum amount appears to be mandatory.

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation⁽⁷⁾ §§263:65 & 265:79

Length of Term of License

Withdrawal Action: 1st offense-60 days 2nd offense-60 days to 1 year §265:79

Mandatory Term of License

Withdrawal Action: 1st or 2nd offense-60 days §263:70 This licensing action appears to be mandatory.

Other: An offender may be required to attend a Driver Attitude Training program. §263:56-e

Commercial Motor Vehicle (CMV) Operators⁽⁸⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁹⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §263:94, I(e)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §263:94, I(e)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §263:94, I(e)

1. ¹I.e., on those portions of the central and eastern New Hampshire turnpikes which are 4 lane divide highways and on other divided highways that have 4 or more lanes. §265:60, II(e)

2. ²This limit is in effect from 45 minutes before until 45 minutes after school hours. §265:60, II(a)

3. ³The State Commissioner of Transportation upon a determination by the governor and council, may establish temporary prima facie speed limits for the purpose of conserving fuel or for other national goals. §265:62, II Note: New Hampshire law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

4. ⁴However, the following limitations apply. A speed limit in an urban district cannot be increased to more than 60 MPH. Either outside an urban district or within a business or residential district, a speed cannot be decrease to less than 25 MPH. §265:63, I

5. ⁵A violation is not classified as a crime. §625:9, II(b)

6. ⁶Point System. I. A person 21 years old is subject to either a 3 month, 6 month or 1 year suspension if they respectively accumulate either 12 points within 1 year, 18 points within 2 years or 24 points within 3 years. A person 18 but <21 years old is subject to either a 3 month, 6 month or 1 year suspension if they respectively accumulate either 9 points within 1 year, 15 points within 2 years or 21 points within 3 years. And, a person <18 years old is subject to either a 3 month, 6 month or 1 year suspension if they respectively accumulate either 6 points within 1 year, 12 points within 2 years or 18 points within 3 years. NHCAR Saf-C 211.02 II. The following points have been assigned for speeding or speed related violations: Racing on the highway or reckless driving-6 points; exceeding the speed limit by 25 MPH-4 points; and, exceeding the speed limit by <25 MPH-3 points. NHCAR Saf-C 211.03(c)(16), (d)(5), (e)(14) & (15)

7. ⁷The administrative licensing actions listed for speeding violations also appear to apply to this offense.

8. ⁸A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §259:12-e, I

9. ⁹A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §259:98-a, I & II