SB48: relative to the definition of "way" for the purposes of driving after revocation or suspension.

SB 48 - AS INTRODUCED

2023 SESSION

23-1019

02/04

SENATE BILL 48

AN ACT relative to the definition of "way" for the purposes of driving after revocation or suspension.

SPONSORS: Sen. Innis, Dist 7

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies laws related to driving after revocation or suspension by prohibiting persons with revoked or suspended licenses from driving a motor vehicle upon a way, removing the prohibition on operating motor vehicles while not on a way.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-1019

02/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the definition of "way" for the purposes of driving after revocation or suspension.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Legislative Findings.

I. Most states prohibit operation of a motor vehicle on a way after loss of license. When New Hampshire introduced the drivers license in 1905, the state required a license to operate an automobile or motorcycle upon a way in the state. The law was revised in 1911, and at this time a license was required to operate a motor vehicle in the state, which was sensible as by definition a motor vehicle is used upon highways.

II. While no driver’s license is required to operate a lawn tractor or agricultural tractor, the current law prohibits individuals with a suspended or revoked license from operating these vehicles on private land.

III. Under current law, an individual working as a landscaper operating a lawn mower with a DWI conviction would be subject to not less than 7 consecutive 24-hour periods, a fine of no more than $1,000 and an additional year without a license. This would also apply to a person mowing their own lawn.

IV. This language does not allow a person to substitute a tractor over public ways as an alternative to a normal vehicle.

V. The definition of “way” includes land commonly assumed to be private property, namely a number of feet alongside a public way that extends from the edge of the maintained road to the property line. The definition of “way” needs to protect actions that become illegal simply for crossing an undefined line where the deeded property ends before the improved roadway begins.

VI. There is no record of prosecution for operating a lawn mower, agricultural tractor or ski area vehicles on a suspended license which demonstrates that this bill will not reduce convictions.

VII. By clarifying the law, individuals will be able to continue to earn money in private farming or land maintenance operations, and will be able to take over law mowing duties while a spouse takes over all road transportation duties without fear of severe and disproportionate consequences.

2 License Suspension and Revocation; Driving After Revocation or Suspension. Amend RSA 263:64 to read as follows:

263:64 Driving After Revocation or Suspension.

I. No person shall drive a motor vehicle in this state upon a way while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued.

II. A person who drives a motor vehicle in this state upon a way while such person's license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person's last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.

III. A person who obtains or possesses an out-of-state license after such person's New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives upon a way in the state while his or her New Hampshire license or driving privilege is suspended or revoked.

IV. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.

V. Notwithstanding the definition of "revocation" in RSA 259:90 and the definition of "suspension" in RSA 259:107, the phrase "period of suspension or revocation" as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. "Period of suspension or revocation" shall include the period specifically designated and until the restoration of the person's driver's license or privilege to drive.

V-a.(a) Except as provided in subparagraph (b), any person who drives a motor vehicle upon a way in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in RSA 625:11, VI, to any person, shall be guilty of a class B felony, where such person's unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.

(b) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 263:14 only shall be guilty of a misdemeanor.

(c) A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.

VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.

VII. Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense.

3 Words and Phrases Defined; Way. Amend RSA 259:125 to read as follows:

259:125 Way. "Way" shall mean:

I. Except as provided in [paragraph] paragraphs II and III, the entire width between the boundary lines of any public highway, street, avenue, road, alley, park or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use, or any such way which has been used for public travel thereon, other than to and from a toll bridge or ferry, for 20 years, or any public or private parking lot which is maintained primarily for the benefit of paying customers;

II. For the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, and RSA 265-A:3, any public highway, street, avenue, road, alley, park, parking lot or parkway; any private way laid out under authority of statute; ways provided and maintained by public institutions to which state funds are appropriated for public use; any privately owned and maintained way open for public use; and any private parking lots, including parking lots and other out-of-door areas of commercial establishments which are generally maintained for the benefit of the public.

III. For the purposes of RSA 263:64, any unimproved land between the boundary lines described in paragraph I and the maintained portion of the roadway.

4 Effective Date. This act shall take effect January 1, 2024.