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RSA 263:1 · License Required; Penalty

Title
XXI: MOTOR VEHICLES
Chapter
263 · DRIVERS' LICENSES
Status
current
Official source linked
Yes
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263:1 License Required; Penalty. –

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I.

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.

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II.

Any person who held a driver's license of the appropriate class or type but whose driver's license has been expired for not more than 12 months shall be guilty of a violation or, for a second or subsequent offense shall be guilty of a class B misdemeanor.

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III.

Any person who drives a motor vehicle in this state and who has never had a license shall be guilty of a class B misdemeanor.

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IV.

If a driver's license is of a class of licenses issued by another state exclusively to undocumented immigrants who are unable to prove lawful presence in the United States when the licenses are issued, the driver's license, or other permit purporting to authorize the holder to operate a motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to undocumented immigrants or licenses that are substantially the same as licenses issued to citizens, residents, or those lawfully present in the United States but have markings establishing that the license holder is not lawfully present in the United States.

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(a)

Law enforcement officers or other authorized representatives of the department shall not initiate a traffic stop solely on suspicion of a violation of RSA 263:1, IV.

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(b)

The department, to facilitate the enforcement of this paragraph and to aid in providing notice to the public and visitors of invalid licenses, shall maintain on its website a list of out-of-state classes of driver's licenses that are invalid in this state. The department shall update this list no later than annually. Any state on this list may contact the department to have itself removed from the list if the state can demonstrate in that state's laws or regulations that the type of license listed on the department's website is not issued exclusively to undocumented immigrants.

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(c)

Any person in violation of this statute shall be guilty of a violation. For a second or subsequent offense, the person shall be guilty of a class B misdemeanor. Source. 1905, 86:4. 1911, 133:8. 1921, 119:7, 8. PL 101:1, 9. 1927, 11:2. 1937, 69:1. 1939, 103:1. RL 117:1, 9. 1945, 44:3. RSA 261:1, 13; 262:27-a. 1965, 207:1. 1967, 281:1. 1973, 528:138. 1981, 146:1. 1985, 213:15, eff. Jan. 1, 1986. 2014, 296:1, eff. Jan. 1, 2015. 2025, 280:2, eff. Sept. 30, 2025.

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Source note

Source. 1905, 86:4. 1911, 133:8. 1921, 119:7, 8. PL 101:1, 9. 1927, 11:2. 1937, 69:1. 1939, 103:1. RL 117:1, 9. 1945, 44:3. RSA 261:1, 13; 262:27-a. 1965, 207:1. 1967, 281:1. 1973, 528:138. 1981, 146:1. 1985, 213:15, eff. Jan. 1, 1986. 2014, 296:1, eff. Jan. 1, 2015. 2025, 280:2, eff. Sept. 30, 2025.

Source history

  • 1905, 86:4
  • 1911, 133:8
  • 1921, 119:7, 8. PL 101:1, 9
  • 1927, 11:2
  • 1937, 69:1
  • 1939, 103:1. RL 117:1, 9
  • 1945, 44:3. RSA 261:1, 13; 262:27-a
  • 1965, 207:1
  • 1967, 281:1
  • 1973, 528:138
  • 1981, 146:1
  • 1985, 213:15, eff. Jan. 1, 1986
  • 2014, 296:1, eff. Jan. 1, 2015
  • 2025, 280:2, eff. Sept. 30, 2025

Related materials

Bill relationships

  • 2026 HB1111 amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1111-FN amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1165 amend

    ght, weight, eye and hair color; 5 Form of License. Amend RSA 263:40, II and III to read as follows: II. Drivers' licenses compliant with Public Law 109-13 issued pursuant to RSA 263:14-b shall bear the name, address, date of birth, gender indicated as "M" for "male[,]" or "F" for "female," [or "X" for "other,"] veteran's status for the purposes of identification for receiving benefits and services under

  • 2026 HB1165 reference

    ating that it was issued in compliance with Public Law 109-13 and is therefore acceptable for federal identification purposes. III. Enhanced drivers' licenses issued pursuant to RSA 263:14-c shall bear the name, address, date of birth, gender indicated as "M" for "male[,]" or "F" for "female," [or "X" for "other,"] veteran's status for the purposes of identification for receiving benefits and services under

  • 2026 HB1190 amend · effective 2026-07-01

    on requirements. Be it Enacted by the Senate and House of Representatives in General Court convened: 74:1 New Paragraph; Temporary Licenses for Drivers Turning 21. Amend RSA 263:10 by inserting after paragraph II the following new paragraph: III. Notwithstanding paragraphs I and II, the director may issue temporary licenses to youth operators who are transitioning pursuant to RSA 263:14 to ope

  • 2026 HB1190 reference · effective 2026-07-01

    agraph II the following new paragraph: III. Notwithstanding paragraphs I and II, the director may issue temporary licenses to youth operators who are transitioning pursuant to RSA 263:14 to operators' licenses, up to 30 days prior to their twenty-first birthday, provided that the physical license is delivered only on or after their twenty-first birthday. This temporary license shall be valid for drivin

  • 2026 HB1190-FN amend · effective 2026-07-01

    on requirements. Be it Enacted by the Senate and House of Representatives in General Court convened: 74:1 New Paragraph; Temporary Licenses for Drivers Turning 21. Amend RSA 263:10 by inserting after paragraph II the following new paragraph: III. Notwithstanding paragraphs I and II, the director may issue temporary licenses to youth operators who are transitioning pursuant to RSA 263:14 to ope

  • 2026 HB1190-FN reference · effective 2026-07-01

    agraph II the following new paragraph: III. Notwithstanding paragraphs I and II, the director may issue temporary licenses to youth operators who are transitioning pursuant to RSA 263:14 to operators' licenses, up to 30 days prior to their twenty-first birthday, provided that the physical license is delivered only on or after their twenty-first birthday. This temporary license shall be valid for drivin

  • 2026 HB1226 repeal

    identification documents by unauthorized individuals. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Fictitious Drivers' Licenses. RSA 263:12, VI is repealed and reenacted to read as follows: VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile, or simulated license to drive a motor vehicle unless specifically authorized by the

  • 2026 HB1410 reference · effective 2026-07-01

    IV. A speedometer is required unless one was not originally installed by the manufacturer. V. Operators of OCEVs shall: (a) Hold a valid operator’s license in accordance with RSA 263:1; and (b) Be subject to RSA 263:64 if operating an OCEV upon a public way while under license suspension or revocation. 265:144-c Designated Use and Age Restrictions for Out-of-Class Electric Vehicles. I. OCEVs

  • 2026 HB1410-FN reference · effective 2026-07-01

    IV. A speedometer is required unless one was not originally installed by the manufacturer. V. Operators of OCEVs shall: (a) Hold a valid operator’s license in accordance with RSA 263:1; and (b) Be subject to RSA 263:64 if operating an OCEV upon a public way while under license suspension or revocation. 265:144-c Designated Use and Age Restrictions for Out-of-Class Electric Vehicles. I. OCEVs

  • 2026 HB1445 amend · effective 2027-01-01

    nd proof of citizenship. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Enhanced Drivers' Licenses and Identification Cards. Amend RSA 263:1-d, I to read as follows: I. The department [may] shall enter into a memorandum of understanding with any federal agency for the purpose of obtaining approval of an enhanced driver's license or enhanced nondriver's pic

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