Bill Text: NH HB1584 | 2014 | Regular Session | Introduced
Bill Title: Relative to fines for motor vehicle offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-17 - To be Introduced 1/8/2014 and Referred to Criminal Justice and Public Safety [HB1584 Detail]
Download: New_Hampshire-2014-HB1584-Introduced.html
HB 1584-FN – AS INTRODUCED
2014 SESSION
08/03
HOUSE BILL 1584-FN
AN ACT relative to fines for motor vehicle offenses.
SPONSORS: Rep. Burridge, Ches 16
COMMITTEE: Criminal Justice and Public Safety
This bill adds a reference to penalty assessments after certain motor vehicle offenses.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2517
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to fines for motor vehicle offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unified Carrier Registration Required; Penalty Assessment. Amend RSA 261:40-a to read as follows:
261:40-a Unified Carrier Registration Required. It is a violation for any person to drive or for the owner or lessee to cause to be driven on the ways of this state a motor vehicle subject to registration under the provisions of the Unified Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended, unless the motor vehicle has been registered and the appropriate fee paid. The fine for a violation of this section shall [not exceed] be $100 plus penalty assessment for a first offense and $500 plus penalty assessment for a subsequent offense in a 12-month period.
2 License Required; Penalty Assessment. Amend RSA 263:1 to read as follows:
263:1 License Required. No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state unless such person has a valid driver’s license, as required under the provisions of this chapter, for the class or type of vehicle being driven. Except as otherwise herein provided, any person who drives a motor vehicle in this state without having a valid driver’s license of the appropriate class or type shall be guilty of a violation and fine not less than $75 plus penalty assessment, provided that any person convicted of such offense for the second time in a 12 month period shall be guilty of a misdemeanor.
3 Allowing an Improper Person; Penalty Assessment. Amend RSA 263:1-a to read as follows:
263:1-a Allowing an Improper Person. No person shall knowingly permit a motor vehicle owned or controlled by him to be driven by a person who is not properly licensed or otherwise entitled to drive. Any person who violates this section shall be guilty of a violation, and if the license or driving privilege of the person allowed to drive is under suspension or revocation, the owner or person in control of the vehicle, notwithstanding title LXII, shall be fined not less than $100 plus penalty assessment.
4 Possession of License Required; Penalty Assessment. Amend RSA 263:2 to read as follows:
263:2 Possession of License Required. Every person driving a motor vehicle shall have his or her driver’s license upon his or her person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he or she produces in the office of the arresting officer evidence that he or she held a valid driver’s license which was in effect at the time of [his] the arrest. Noncompliance with this section shall be a violation and the fine shall be $50 plus penalty assessment.
5 Motorist Duties When Approaching Highway Emergencies; Penalty Assessment. RSA 265:37-a is repealed and reenacted to read as follows:
265:37-a Motorist Duties When Approaching Highway Emergencies.
I. When in or approaching an incident involving a fire, collision, disaster, or other emergency resulting in partial or complete blockage of a highway, or a location where a police officer has made a traffic stop, every driver other than the driver of an emergency response vehicle, shall:
(a) Maintain a reduced speed.
(b) Obey the directions of any authorized person directing traffic and of all applicable emergency signals and traffic control devices.
(c) Vacate as soon as possible any lane wholly or partially blocked.
(d) Give a wide berth, without endangering oncoming traffic, to public safety personnel, any persons in the roadway, and stationary vehicles displaying blue, red, or amber emergency or warning lights.
II. The fine for a violation of this section shall be $150 plus penalty assessment for a first offense and no less than $350 plus penalty assessment for a subsequent offense.
6 Overtaking and Passing School Bus; Penalty Assessment. Amend RSA 265:54, I-b to read as follows:
I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined [not less than] $100 [nor more than $750] plus penalty assessment for a first offense, and shall be fined not less than $250 plus penalty assessment nor more than $1,000 plus penalty assessment for a subsequent offense. In addition, the director may suspend the person’s license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.
7 Overtaking and Passing School Bus; Penalty Assessment. Amend RSA 265:54, IV to read as follows:
IV. Except as provided in paragraph III, no driver of a vehicle who is required to stop his or her vehicle in accordance with paragraph I shall overtake and pass a school bus on the right. A person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $500 plus penalty assessment nor more than $1,200, plus penalty assessment. In addition, the director shall suspend the person’s license to drive or nonresident driving privilege for a period of up to 30 days for a first offense. The director shall suspend the person’s license to drive or nonresident driving privilege for a period of 30 days for a second offense, and for a period of not less than 30 days nor more than 120 days for a third or subsequent offense.
8 Parking Privileges for Persons with Walking Disabilities; Penalty Assessment. Amend RSA 265:74 to read as follows:
265:74 Parking Privileges for Persons With Walking Disability. Any motor vehicle carrying the special plates or hanging windshield placard issued to a person with a walking disability under RSA 261:88, or a similar license plate displaying the international accessibility symbol shall be allowed free parking in any city or town, including any state or municipal parking facility where a fee is charged. Each city or town shall have the discretion to set the time periods using guidelines which shall be provided by the governor’s commission on disability. The free parking shall only be allowed if the person who qualifies for the special plates or hanging placard is being transported in the vehicle to or from the parking place. Parking places designated for persons with walking disabilities shall be utilized only if a person with a walking disability is being transported in the vehicle to or from the parking place. Notwithstanding the provisions of any local ordinance which has been adopted to regulate parking in places designated for persons with walking disabilities, any person who is convicted under this section shall be guilty of a violation and fined not less than $250 plus penalty assessment.
9 Penalty for Exceeding Permitted Size; Penalty Assessment. Amend RSA 266:16 to read as follows:
266:16 Penalty for Exceeding Permitted Size. Any person who shall drive or cause to be driven on the ways of this state a vehicle whose height, length, or width is in excess of that herein prescribed shall be guilty of a violation and notwithstanding the provisions of RSA 625:9, V, shall be fined not more than $100 plus penalty assessment for a first offense nor more than $250 plus penalty assessment for a subsequent offense within a calendar year.
10 Penalty for Overload; Penalty Assessment. Amend RSA 266:25 to read as follows:
266:25 Penalty for Overload.
I. Except as provided in paragraph II, any person who shall drive or cause to be driven on the ways of this state a vehicle whose weight is in excess of that prescribed in this subdivision shall be guilty of a violation, and notwithstanding the provisions of RSA 625:9, V, shall be fined not more than $100 plus penalty assessment for a first offense nor more than $250 plus penalty assessment for a subsequent offense within a registration year.
II. Any person who shall drive or cause to be driven on the ways of this state a vehicle whose weight is in excess of that prescribed in RSA 266:18-a, or RSA 266:18-b shall be fined $100 or $.02 for each pound in excess of the prescribed weight, whichever is the greater, plus penalty assessment, for a first offense; $250 or $.02 per pound in excess of the prescribed weight, plus penalty assessment, whichever is greater, for a second offense; for a third and subsequent offense of the same vehicle in violation of this section, $250 or $.02 per pound in excess of the prescribed weight, whichever is greater, plus penalty assessment, up to an excess of 15,000 pounds; when the excess is more than 15,000 pounds and less than 30,000 pounds, $.03 per pound; and when the excess is more than 30,000 pounds, $.04 per pound plus penalty assessment. The fine may be paid online or by mail unless the citation is marked “must appear.”
III. Any person who shall drive or cause to be driven on any interstate and defense highway of this state a vehicle whose weight is in excess of that prescribed in RSA 266:18 shall be subject to the fine in paragraph I.
IV. Any person who shall drive or cause to be driven on a bridge of this state a vehicle whose weight is in excess of the posted or annually published caution crossing limit for that particular bridge may be fined up to $200 plus penalty assessment.
V. Any person who shall drive or cause to be driven on a bridge of this state a vehicle whose weight exceeds the limit of an excluded bridge (or bridge posted for no trucks) may be fined up to $400 plus penalty assessment.
VI. All fines and certification fees collected pursuant to this section, RSA 260:42, RSA 260:52, RSA 260:55, RSA 265:118, RSA 266:16, RSA 266:26, RSA 266:59-c, and RSA 266:63 through [72-a] 266:72-a shall accrue to the highway fund.
11 Penalty for Exceeding Registered Weight; Penalty Assessment. Amend RSA 266:26 to read as follows:
266:26 Penalty for Exceeding Registered Weight. Any person who shall drive on the ways of this state a vehicle whose weight, including load, shall exceed by more than 20 percent the total weight under which it was registered shall be guilty of a violation and fined not more than $250 plus penalty assessment.
12 Lamp or Flag on Projecting Load; Penalty Assessment. Amend RSA 266:46 to read as follows:
266:46 Lamp or Flag on Projecting Load. Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at all times during lighting periods specified in RSA 266:31, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. Noncompliance with this section shall be a violation and the fine shall be $50 plus penalty assessment.
13 Tire Requirements; Penalty Assessment. Amend RSA 266:48 to read as follows:
266:48 Tire Requirements. It shall be unlawful to drive a motor vehicle or trailer upon the ways unless such motor vehicle or trailer is equipped with tires in safe operating condition in accordance with requirements established by the director. No tire mounted on a motor vehicle or trailer shall be deemed to be in safe operating condition unless it meets the visual and tread depth requirements set forth in this subdivision. A spare tire shall not be deemed to be a “tire mounted on a motor vehicle or trailer” for the purposes of this subdivision. Noncompliance with this section shall be a violation punishable by a fine of $50 plus penalty assessment for one tire, $75 plus penalty assessment for 2 tires, and $200 plus penalty assessment for 3 or more tires.
14 Muffler; Prevention of Noise; Penalty Assessment. Amend RSA 266:59, IV to read as follows:
IV. No person shall operate a motor vehicle with a straight pipe exhaust system; “straight pipe exhaust system” means any straight- through exhaust system that does not contain baffles or otherwise does not meet the definition of muffler in RSA 259:66. Any person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $100 plus penalty assessment for a first offense, not less than $250 plus penalty assessment for a second offense in a calendar year, and not less than $500 plus penalty assessment for a third or subsequent offense in a calendar year.
15 Littering; Penalty Assessment. Amend RSA 265:102, IV to read as follows:
IV. Any person who violates any provision of this section shall be guilty of a violation and fined $150 plus penalty assessment if a natural person, or guilty of a misdemeanor if any other person.
16 Protective Headgear; Penalty Assessment. Amend RSA 265:122, IV to read as follows:
IV. Any motorcycle operator who transports a person under the age of 18 years, when such person is in violation of paragraph I, shall be guilty of a violation and fined $100 plus penalty assessment.
17 Eye and Face Protection; Penalty Assessment. Amend RSA 265:123 to read as follows:
265:123 Eye and Face Protection. If a motorcycle is not equipped with a windshield or screen which protects the driver’s eyes and face when the driver is sitting erect, the driver shall wear either eyeglasses, goggles, or a protective face shield when driving the motorcycle while the motorcycle is in motion. Noncompliance with this section shall be a violation and the fine shall be $100 plus penalty assessment.
18 Effective Date. This act shall take effect January 1, 2015.
LBAO
14-2517
12/13/13
HB 1584-FN - FISCAL NOTE
AN ACT relative to fines for motor vehicle offenses.
FISCAL IMPACT:
The Department of Safety, the Police Standards and Training Council, and the Judicial Branch state this bill, as introduced, will have an indeterminable impact on state revenues in FY 2015 and each year thereafter, and will increase state highway fund expenditures by $11,750 in FY 2015. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Department of Safety states this bill modifies various motor vehicle violation penalty statutes by establishing fine amounts and adding reference to the “penalty assessment” added to motor vehicle fines. The Department states these changes will make certain violations eligible to be added to the Uniform Fine Schedule making it permissible for the violator to pay their fine through the “plea-by-mail” process rather than through the court system. The Department states it would incur $11,750 in programming costs and form change costs to make the necessary update internal software and the Uniform the Fine Schedule.
The Department of Safety states this bill may also have an impact on state revenue. Currently, all motor vehicle fines paid through the court system are credited as unrestricted highway fund revenue with the additional penalty assessment revenue distributed in accordance RSA 188-F:31, IV. The Department states under this bill, several fines would become eligible to be paid through the “plea-by-mail” processes allowing the offender to simply send the fine payment to the Department rather than going through the court. Under current law, “plea-by-mail” revenue is recorded as restricted agency income for the Department of Safety with any unexpended amounts lapsing to the general fund at the end of each biennium. Therefore, to the extent this bill enables a violator to pay their fine through the “plea-by-mail” process rather than through the court system, state restricted revenue may increase and state highway fund revenue may decrease in FY 2015 and each year thereafter. Additionally, this bill sets certain fine amounts in statute, which may have an indeterminable impact on either state highway fund revenue or state restricted revenue (“plea-by-mail”) depending on how the fine is paid.
The Police Standards and Training Council and the Judicial Branch state this bill will have no impact on state penalty assessment revenue as pursuant to RSA 188-F:31, I, the penalty assessment already applies to all fines for a violation of RSA title XXI (Motor Vehicles). For informational purposes, the penalty assessment is $2 or 24%, whichever is greater, of each fine or penalty imposed for a criminal offense, motor vehicle related offense, or certain violations municipal ordinances. Penalty assessment revenue is distributed as follows:
Fund
Share
Police Standards and Training Council Training Fund 66.66% Victims' Assistance Fund 16.67% Judicial Branch Information Technology Fund 16.67% Total 100.00%
