This RSA section is an unofficial LFoD copy, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 422:28-a · Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration

Title: XXXIX: AERONAUTICS
Chapter: 422 · NEW HAMPSHIRE AERONAUTICS ACT
Status: current
Official source linked: Yes

Official source Copy section link

422:28-a Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. – Any person who operates or attempts to operate an aircraft on the ground, on the public waters, or in the air in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been operating, attempting to operate, or in actual physical control of an aircraft in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test. Source. 2003, 146:2, eff. Aug. 16, 2003. 2017, 78:4, eff. July 1, 2017.

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Source note

Source. 2003, 146:2, eff. Aug. 16, 2003. 2017, 78:4, eff. July 1, 2017.

Source history

2003, 146:2, eff. Aug. 16, 2003
2017, 78:4, eff. July 1, 2017

Related materials

Bill relationships

2026 HB1064 Effective 2027-01-01 reference
sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in th
2026 HB1064 Effective 2027-01-01 reference
ays shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in the exec
2026 SB409 Effective 2027-01-01 reference
sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in th
2026 SB409 Effective 2027-01-01 reference
ays shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in the ex
2023 HB171 House reference
sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422]. 3 Effective Date. This act shall take effect 60 days after its passage. LBA 23-0614 12/15/22 HB 171-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to bodily injury actions against governmental units. FISCAL I
2020 HB1182 Signed By Governor add
a suitable airfield which is also designed to be driven on public roadways as a conveyance. 33:39 New Section; Aeronautics; Prohibitions and Penalties; Roadable Aircraft in Operation on Public Roadways. Amend RSA 422 by inserting after section 27 the following new section: 422:27-a Roadable Aircraft in Operation on Public Roadways. I. All roadable aircraft shall be considered motor vehicles while in operation on the roadwa
2020 HB1517 Senate add
from a suitable airfield which is also designed to be driven on public roadways as a conveyance. 9 New Section; Aeronautics; Prohibitions and Penalties; Roadable Aircraft in Operation on Public Roadways. Amend RSA 422 by inserting after section 27 the following new section: 422:27-a Roadable Aircraft in Operation on Public Roadways. I. All roadable aircraft shall be considered motor vehicles while in operation on the roadwa
2018 HB124 Signed By Governor reference
is act may positively or negatively impact revenues, it is the legislative intent that the operating budget of the bureau of aeronautics shall not be based upon anticipated general fund revenue collected under RSA 422. Any resulting revenue impacts resulting from changes herein shall not negatively impact funding for the operation of the bureau of aeronautics. II. Effective July 1, 2018, the operating fee for an aircraft no
2018 SB565 Signed By Governor reference
is act may positively or negatively impact revenues, it is the legislative intent that the operating budget of the bureau of aeronautics shall not be based upon anticipated general fund revenue collected under RSA 422. Any resulting revenue impacts resulting from changes herein shall not negatively impact funding for the operation of the bureau of aeronautics. II. Effective July 1, 2018, the operating fee for an aircraft no
2017 SB20 Signed By Governor amend
ence that the defendant had, at the time alleged, an alcohol concentration of 0.03 or less is prima facie evidence that the defendant was not under the influence of intoxicating liquor. 78:4 Aeronautics. Amend RSA 422:28-a to read as follows: 422:28-a Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. Any person who operates or attempts to operate an aircraft on the ground, on the pu
2016 HB1688 House reference
sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. 2 Effective Date. This act shall take effect January 1, 2017. LBAO 16-2825 12/16/15 HB 1688-FN-LOCAL- FISCAL NOTE AN ACT relative to governmental liability for negligence claims. FISCAL IMPACT: The New Hampsh
2003 HB560 Signed By Governor add
in accordance with RSA [635:4] 635 without the express consent of the airport manager. 146:2 New Section; Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. Amend RSA 422 by inserting after section 28 the following new section: 422:28-a Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. Any person who operates or attempts to operate