Chapter 260
ADMINISTRATION OF MOTOR VEHICLE LAWS
Division of Motor Vehicles
Section 260:1
Source. 1981, 146:1. 1987, 124:22, eff. July 1, 1987.
Section 260:2, 260:3
Powers and Duties
Section 260:4
Source. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:5
Source. 1981, 146:1. 1994, 412:27, eff. Aug. 9, 1994.
Section 260:6
Source. RSA 269-A:30. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:6-a
Source. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:6-b
I. The director of motor vehicles may adopt rules pursuant to RSA 260:5 to establish 2 different uniform point systems for separately identifying automobile dealers and inspection stations which have violated the provisions of this title or rules adopted under this title. The rules shall include a designated level of point accumulation which so identifies automobile dealers and inspection stations.
II. The director may assess points for violations of this title or rules adopted pursuant to this title which have been found by a court of law or a hearing officer to have been violated. Notice of the assessment of points shall be given in accordance with the rules adopted by the director.
III. In the case of a conviction or finding against a dealer or inspection station of 2 or more violations committed on a single occasion, such dealer or inspection station shall be assessed points for one offense only, under each separate point system if the same entity holds both a dealer's registration, license, or privileges, and inspection station privileges. If the offenses have different point values, the dealer or inspection station shall be assessed for the offense having the greater point value.
IV. The director may suspend or revoke the dealer's registration, license, or privileges, or in the case of an inspection station the inspection station privileges, in accordance with the rules adopted under this section. The rules shall provide a mechanism for reduction of points for a dealer or inspection station that has completed a training course approved by the director.
V. The director may distinguish between larger and smaller dealers and inspection stations in establishing the point system. For the purposes of the point system established under this section, an inspection station may not be liable for violations committed by an individual mechanic if the mechanic deliberately commits an action that is contrary to the law, the rules of the department, or the policies and procedures of the station.
VI. Both point systems authorized under this section shall only count points for violations committed within the 3 most recent calendar years and shall only count violations that are committed on or after the effective date of the rules adopted under this section.
Source. 2007, 372:1, eff. July 18, 2007.
Section 260:7
Section 260:8
Source. 1915, 154:2. 1919, 82:1. PL 99:3. RL 115:3. RSA 259:5. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:9
Source. RSA 259:5-a. 1973, 204:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:10
Source. 1911, 133:3. 1913, 81:2. 1917, 229:3. 1921, 119:3. PL 100:31. RS 116:40. RSA 260:44. 1957, 310:1. 1981, 146:1. 1993, 117:1. 2005, 23:1, eff. Jan. 1, 2006.
Section 260:10-a
I. Every application form, renewal form, or other appropriate form or communication issued by the department shall provide an option to make an anatomical gift by inclusion in the donor registry, established under RSA 263:41, and shall be accompanied by a statement that the licensee or prospective licensee may make an anatomical gift by registering with the division of motor vehicles in accordance with RSA 263:41.
II. Every office dealing with motor vehicle licensure regulated by the division of motor vehicles shall place a notice in a conspicuous place stating that a licensee or prospective licensee may become an anatomical gift donor by registering with the division of motor vehicles in accordance with RSA 263:41.
Source. 1991, 108:2. 2006, 216:2, eff. July 31, 2006.
Section 260:10-b
I. The state shall not collect, obtain, or retain any biometric data in connection with motor vehicle registration or operation, or in connection with driver licensing. "Biometric data" includes, but is not limited to:
(a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.
(b) Facial feature pattern characteristics.
(c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.
(d) Voice data used for comparing live speech with a previously-created speech model of a person's voice.
(e) Iris recognition data containing color or texture patterns or codes.
(f) Keystroke dynamics, measuring pressure applied to key pads.
(g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.
(h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.
(i) DNA/RNA.
II. Paragraph I shall not apply to:
(a) The collection or retention of fingerprints or the purpose of enforcing laws relating to serious traffic offenses, including, but not limited to, driving while intoxicated, reckless driving, negligent homicide with a motor vehicle, operating after being declared an habitual motor vehicle offender, or any motor vehicle offense for which a physical custody arrest was made and bail is required.
(b) The taking or use of signatures, computerized images, likenesses, or photographs, in any form used by the department prior to the effective date of this subparagraph, for licensing purposes, provided that the taking or use is consistent with the provisions of RSA 260:14.
(c) The taking of fingerprints for the purpose of performing criminal records checks required under federal regulations governing the issuance of hazardous materials endorsements on drivers' licenses.
Source. 2004, 133:1, eff. July 18, 2004.
Section 260:11
Source. 1915, 154:2. 1919, 82:1. 1921, 118:2. PL 99:4. 1929, 34:1. RL 115:4. 1950, 5:1, part 24:25. RSA 259:6. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:12
Source. 1915, 154:2. 1919, 82:1. PL 99:5. RL 115:5. RSA 259:9. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:13
Source. 1911, 133:23. 1921, 119:22. PL 102:26. RL 118:28. RSA 262:33. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:14
I. In this section:
(a) "Motor vehicle records" means all applications, reports required by law, registrations, histories, certificates, and licenses issued or revoked by the department relative to motor vehicles and the information, including personal information, contained in them.
(b) "Person" means an individual, organization or entity, but shall not include this state or an agency thereof. "Person" shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person's conservator, executor, administrator, or next of kin as defined in RSA 259:66-a.
(c) "Personal information" means information in motor vehicle records that identifies a person, including a person's photograph or computerized image, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.
(d) "Legitimate business" means a business which is registered in New Hampshire and which receives compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research.
II. (a) Proper motor vehicle records shall be kept by the department at its office. Notwithstanding RSA 91-A or any other provision of law to the contrary, except as otherwise provided in this section, such records shall not be public records or open to the inspection of any person.
(b) Copies of such records, duly attested and certified by the director, or designee, shall be as competent evidence in any court within this state as the original record or document would be if produced by such person as the legal custodian. A hearings examiner shall be considered a legal custodian of motor vehicle records for the purpose of testifying at a trial.
II-a. The accident report, the technical accident reconstruction report, any repair estimate, or any similar document that constitutes a motor vehicle record that is created or received as a result of any accident or collision involving a vehicle owned or leased by the state, a county, a city, a town, or a local public entity shall be a governmental record subject to inspection and disclosure in accordance with RSA 91-A except when inspection or disclosure would risk exposure of undercover law enforcement activity. Any report of a violation of this title by an employee or official of a county, a city, a town, or a local public entity while engaged in official business in a vehicle owned or leased by the state, a county, a city, a town, or a local public entity shall be a governmental record subject to inspection and disclosure in accordance with RSA 91-A.
III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. Any records received pursuant to this paragraph shall not be used, further transferred, or otherwise made available to any other person or entity for the purpose of creating or enhancing a federal identification database.
III-a. The name and last known address of the owner of a vehicle used in violation of RSA 236:31-b and the physical characteristics of such vehicle may be made available to the department of transportation or to a nongovernmental contracted agent of the department of transportation for toll collection purposes only as identified by a toll collection system, as defined by RSA 236:31, I(i). Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to any other person or entity that is not a contracted agent of the department of transportation for toll collection. The nongovernmental contracted agent of the department of transportation for toll collection is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of RSA 260:14, XIV, the department of transportation shall be responsible for ensuring its own and its contracted agent's compliance with this section, and the commissioner, upon determining that the department of transportation or its contracted agent has violated any provisions of this section may issue a written order prohibiting the department of transportation and its contracted agent from receiving motor vehicle records commencing 10 days following the issuance of the order and lasting for no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
III-b. A corporation that is operating under an active DD Form 441 Department of Defense Security Agreement and has a facility located within the state may request that the commissioner grant a waiver to the corporation that would permit it to obtain the name and address of the owner of any motor vehicle that is on or adjacent to the corporation's property within the state of New Hampshire. The corporation shall only use information received under this paragraph for security purposes. The commissioner may grant or renew the waiver for any period up to one year. During the period when the waiver is valid, the police department of jurisdiction shall, upon request, provide to the corporation's security operations center supervisor, or equivalent person, the name and address of the owner of any motor vehicle on or adjacent to the corporation's property within the state of New Hampshire.
III-c. The name and last known address of the owner of a vehicle used in violation of a toll collection system and the physical characteristics of such vehicle may be made available to another state, or to a statutory or nongovernmental contracted agent of such other state for the collection of a toll in such other state as identified by a toll collection system, as defined by RSA 236:31, I(i), whether the vehicle was used in violation of an electronic toll collection system or the vehicle was identified by a toll collection monitoring system when there is no cash option in the toll lanes. Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to a person or entity that is not a statutory or contracted agent of such other state for toll collection. The other state or statutory or nongovernmental contracted agent of such other state is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of RSA 260:14, XIV, such other state shall be responsible for ensuring its own and its statutory or contracted agent's compliance with this section, and the commissioner, upon determining that such other state or its statutory or contracted agent has violated any provisions of this section may issue a written order prohibiting such other state and its statutory or contracted agent from receiving motor vehicle records commencing 10 business days following the issuance of the order and lasting no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
III-d. A municipal agent appointed pursuant to RSA 261:74-a may provide the name of a person who has registered a motor vehicle together with the permit number, vehicle identification number, and fee paid in such transaction to a nongovernmental contracted agent of a municipality for audit purposes only for the purposes of RSA 41:9, VI and RSA 41:31-c. Any information received by the nongovernmental contracted agent shall not be further transferred or otherwise made available to any other person. The municipal agent shall not provide the requested information without a written request from the nongovernmental contracted agent. The municipal agent shall keep the written request on file together with a copy of the information provided.
IV. (a) Except for a person's photograph, computerized image, and social security number, motor vehicle records shall be made available, upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one of the following described uses:
(1) Motor vehicle manufacturers, or their authorized agents, for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
(2) Insurance companies authorized to write automobile and personal excess liability insurance policies, or by self-insured entities, or their authorized agents, for use in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
(b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
IV-a. (a) Except for a person's photograph, computerized image, and social security number, motor vehicle records and at least monthly electronic bulk files indicating changes in driving violations and driver license status shall be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one or both of the following described uses:
(1) For use by an entity that employs drivers in the course of their business, or an authorized agent of such an entity, which requires a motor vehicle record or a monthly notification of changes to motor vehicle records in connection with pre-employment or continued employment screening of employees for driver safety reasons; or
(2) For use with respect to requests as to whether a driver meets the requirements of RSA 376-A:12.
(b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
(c) Any person who makes a request under this paragraph shall have first obtained the written consent of the person whose records are being requested. The written consent shall be retained for a period of 3 years and shall be made available upon request to the division for inspection. Motor vehicle records obtained under this paragraph shall not be subject to the notarization requirements of RSA 260:14, VII.
V. (a) Except for a person's photograph, computerized image and social security number, motor vehicle records may be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the use of the records will be strictly limited to one or more of the following described uses, which use shall be specified in the request:
(1) For use by a legitimate business in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research, so long as the name and address of the individual is not disclosed by the department; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
(2) For use with respect to a request for a named person's motor vehicle records in connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency, including the service of process and the execution or enforcement of judgments and orders, pursuant to an order of the court or agency.
(3) For use with respect to a request for a named person's motor vehicle records by a banking or similar institution, in the normal course of business, but only to verify the accuracy of personal information submitted by the individual to the bank and if such information is incorrect, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(4) For use by a legitimate business in research activities, and for use by a legitimate business in statistical reports, so long as personal information is not disclosed by the department.
(5) For use with respect to a request for a named person's motor vehicle records in providing notice to the owners of towed or impounded vehicles.
(6) For use with respect to a request for a named person's motor vehicle records by any private investigative agency or security service licensed by this state for any purpose permitted under subparagraph V(a) other than subparagraph V(a)(8).
(7) For use with respect to a request for a named person's motor vehicle records by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986.
(8) For bulk distribution for surveys, marketing or solicitations, provided that the express consent of each person to whom such motor vehicle records pertain has been obtained. Such consent may be withdrawn at any time.
(9) For use with respect to a request for a named person's motor vehicle records by a public utility, as defined in RSA 362:2 and over which the public utilities commission exercised jurisdiction on July 1, 1996, to perform its public service obligations, provided that the named person's express consent has been obtained. Such consent may be withdrawn at any time.
(10) For use by life insurance companies authorized to write life insurance policies, or their authorized agents, on a case-by-case basis, in connection with claims investigation, rating, and underwriting, provided that the insurance company has provided written notice to the named person that the person's motor vehicle records will be accessed.
(b)(1) A person may elect at any time not to have any personal information pertaining to such person made available as provided in subparagraphs V(a)(1), (2), (3), (4), (5), (6) and (7). A person who so elects shall inform the department in writing, and the department shall not thereafter make the personal information available, nor shall the department make available a list of the persons who have so elected. Any elections previously made under this section shall continue in effect.
(2) The department shall inform members of the public in a clear, simple and conspicuous manner of their right to make the election permitted by this subparagraph at each of its offices at which it requests personal information. The department shall also request that the same be done by municipal agents of the department appointed pursuant to RSA 261:74-a.
(c)(1) No person shall be required to provide his or her written or express consent to the release of personal information as a condition of doing business with any other person or legitimate business.
(2) For purposes of this section, "express consent" means upon knowledge and affirmative agreement of the person to whom the personal information pertains a written statement dated and executed by that person that is separate and distinct from any other document and that contains at least the following:
(A) A specific description of the personal information to be disclosed.
(B) The name of the entity that is authorized to make the disclosure.
(C) Identification of the entity or entities authorized to receive the disclosure and a specific description of the purpose for which such disclosure will be made.
(D) The expiration date of the authorization, which shall be no more than 2 years from the date of its execution.
(E) A clear, simple, and conspicuous statement that providing express consent to the release of personal information is not required in order to do business with the entity that is authorized to make the disclosure.
(F) An acknowledgment by the person executing the statement that he or she has the right to revoke the authorization at any time.
VI. (a) Except as provided in subparagraph (b), an authorized recipient of personal information for a particular use under the provisions of subparagraph V(a) may not sell, rent, transfer, or make the information available to another person for the same or for any other use.
(b) An authorized recipient of personal information for a particular use under subparagraphs V(a)(1), (4), (8), (9), and (10) may sell, rent, transfer or make the information available to another person for the same use only, subject to the limitations in the particular subparagraph.
(c) An authorized recipient of personal information for a particular use under the provisions of subparagraph VI(b) who sells, rents, transfers or uses the information, or makes the information available to another person, for the same use shall be required by the department to (1) maintain for a period of not less than 5 years records identifying each person who receives the information and the permitted purpose for which the information will be used; and (2) make such records available to the department on request.
VII. A person shall have access to motor vehicle records relating to such person upon proof of identity. Motor vehicle records relating to a person may be made available to any other person upon proof, in such form and manner as the department prescribes, that the notarized, written consent of the person who is the subject of the record has been obtained.
VII-a. Nothing in this section shall prohibit a law enforcement agency of a political subdivision or its employees from releasing the following reports of information, upon request of the parties identified herein, on a form prescribed by the department:
(a) Copies of reports of motor vehicle accidents prepared by the agency, and filed with the division pursuant to RSA 264:25 and RSA 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned. Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.
(b) Copies of reports of motor vehicle accidents prepared by the agency that are not required to be reported pursuant to RSA 264:25 and RSA 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned. Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.
(c) Information obtained by the law enforcement agency that accident participants are required to exchange pursuant to RSA 264:25, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, or the authorized legal representative of any of the aforementioned.
VIII. Nothing in this section shall prohibit the department in its discretion from releasing to the public any person's name, age or motor vehicle offenses only.
VIII-a. (a) No person who has been convicted of any offense enumerated in RSA 632-A, RSA 645, or RSA 649-A, or a reasonably equivalent offense under the law of another state or the federal government, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph. Such image, likeness, or photograph shall be retained in the records of the department of safety.
(b) No person who has been convicted of DWI, aggravated DWI, or a reasonably equivalent offense under the laws of another state, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph until at least 10 years after the date of the conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
(c) No person who has been convicted of a felony in this state or in any other jurisdiction shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph until at least 10 years after the date of conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
IX. (a) A person is guilty of a misdemeanor if such person knowingly discloses information from a department record to a person known by such person to be an unauthorized person; knowingly makes a false representation to obtain information from a department record; or knowingly uses such information for any use other than the use authorized by the department. In addition, any professional or business license issued by this state and held by such person may, upon conviction and at the discretion of the court, be revoked permanently or suspended. Each such unauthorized disclosure, unauthorized use or false representation shall be considered a separate offense.
(b) A person is guilty of a class B felony if, in the course of business, such person knowingly sells, rents, offers, or exposes for sale motor vehicle records to another person in violation of this section.
X. The department and any person aggrieved by a violation of this section may bring a civil action under this section and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 for each violation; reasonable attorneys' fees and other litigation costs reasonably incurred; and such other equitable relief as the court determines to be appropriate.
XI. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of motor vehicle records to any person obtaining such records as provided in this section.
XI-a. No political subdivision or its agencies or employees shall be civilly liable for any improper use of or release of motor vehicle records to any person obtaining such records as provided in this section.
XII. The commissioner of safety shall adopt rules to implement this section. Notwithstanding any other provisions of law, such rules shall be exempt from the provisions of RSA 541-A.
XIII. Notwithstanding the provisions of RSA 91-A, the department may charge reasonable fees for the release of information under this section. In determining a reasonable fee, the department shall consider factors such as labor and production costs, as well as the market value of the information. All such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
XIV. Any person determined by the commissioner, after hearing, to have violated any provisions of this section may be barred from receiving motor vehicle records for a period not to exceed 5 years.
XV. (a) Motor vehicle records obtained from the department under the provisions of subparagraph V(a)(4) and (8) shall be obtained separately for each use specified under subparagraph V(a)(4) and (8), one use to a request, provided that the commissioner may grant a request from a legitimate business for multiple uses if:
(1) The commissioner determines the legitimate business has responsible business practices including, but not limited to, data privacy and security policies.
(2) The legitimate business provides the commissioner with a list of all users of the information, including the name and address of the business, provided, however, that such list shall not be a public record available for public inspection pursuant to RSA 91-A.
(3) The subsequent users are required by the legitimate business to certify compliance with RSA 260:14 and shall be conspicuously informed that they are prohibited from reselling, transferring, or assigning any motor vehicle record information, including personal information.
(4) The legitimate business certifies its compliance with RSA 260:14 on a form prescribed by the department, including posting a bond if required by the commissioner.
(b) All legitimate businesses approved under this paragraph shall be charged a reasonable fee as determined by the commissioner that reflects the number of multiple uses authorized, the volume of the legitimate business' resale business, and the market value of the information.
XVI. The commissioner may limit the information contained in motor vehicle records released to any person under this section if it is determined by the commissioner that the release of certain personal information is unnecessary.
XVII. The provisions of this section shall be severable if any phrase, clause, sentence or provision is declared contrary to the constitution of this state or the United States.
Source. 1921, 119:23. PL 99:6. 1929, 55:1. RL 115:6. RSA 259:10. 1981, 146:1. 1990, 79:1. 1996, 295:1. 1997, 66:1. 2000, 319:2-11. 2001, 91:6; 134:1-4; 208:1. 2002, 242:2-4. 2003, 261:1, 2. 2004, 241:4. 2006, 108:1; 317:12. 2010, 241:3. 2011, 167:1. 2013, 186:11, eff. Aug. 31, 2013. 2015, 134:1, eff. Jan. 1, 2016; 242:4-6, eff. Sept. 11, 2015. 2016, 71:16, eff. May 10, 2016. 2017, 65:1, eff. Aug. 1, 2017; 139:2, 3, eff. June 16, 2017. 2018, 256:1, eff. Aug. 11, 2018. 2021, 206:2, Pt. IX, Sec. 1, eff. Aug. 10, 2021.
Section 260:14-a
I. Except as provided in this section, the department shall not provide, directly or indirectly, a complete, or substantially complete or mirrored, extract of motor vehicle records, or a significant portion thereof, that contain personally identifiable information from any file or database to the federal or any state government or to any agent or agency of, or contractor engaged by, the federal or any state governments.
II. Notwithstanding any law to the contrary, the department is authorized to participate in the National Driver Register (NDR) and Problem Driver Pointer System (PDPS), to achieve the state's compliance with the provisions of the National Driver Register Act of 1982, as amended, and its implementing regulations, and to facilitate the state's compliance with the provisions of the driver license compact authorized by RSA 263:77.
III. Notwithstanding any law to the contrary, the department is authorized to participate in the Commercial Driver's License Information System (CDLIS), to achieve the state's compliance with the provisions of the Federal Commercial Motor Vehicle Safety Act 1986, as amended, and its implementing regulations.
IV. Notwithstanding any law to the contrary, the department is authorized to participate in the National Law Enforcement Telecommunications System (NLETS).
V. Notwithstanding any law to the contrary, the department is authorized to participate in the National Motor Vehicle Title Information System (NMVTIS), to achieve the state's compliance with the provisions of the Federal Anti Car Theft Act of 1992, as amended, and its implementing regulations.
VI. Notwithstanding any law to the contrary, the department is authorized to participate in the state to state (S2S) driver information program.
VII. Notwithstanding any law to the contrary, the department is authorized to participate in the driver license data verification (DLDV) program.
Source. 2013, 135:1, eff. June 27, 2013. 2016, 71:15, eff. May 10, 2016. 2020, 33:15, eff. July 24, 2020.
Section 260:15
I. The department may issue a certified copy of any certificate of registration, or of any license to drive motor vehicles which may have been lost or mutilated, upon the written request of the person entitled thereto and the payment of the prescribed fee, and such certified copy shall have the same force and effect as the original.
II. The department may issue a copy of any motor vehicle record upon the request of an insurance company or any other authorized agent, and notwithstanding RSA 91-A shall require payment by the insurance company or authorized agent of a fee of $13 for email or other computer-generated requests where payment is debited against an account established with the department, or $15 for all other requests, which shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
Source. 1921, 119:23. PL 99:7. RL 115:7. RSA 259:11. 1981, 146:1. 1991, 262:3. 2001, 91:7. 2003, 248:2. 2009, 144:14, eff. July 1, 2009. 2019, 346:212, eff. July 1, 2019.
Section 260:16
Source. 1919, 12:1. 1925, 49:1. PL 99:8. 1929, 55:2. RL 115:8. 1947, 15:2. RSA 259:12. 1981, 146:1; 479:16. 2006, 260:16, eff. Jan. 1, 2007.
(Video) AEDD260Lecture02
Section 260:17
I. The department may cause any or all records, papers or documents kept by it, including those under RSA 260:16, to be photographed, microphotographed, recorded on film or retained on computer data files. The method used shall provide a reasonable degree of durability, and the device used for reproduction of such records shall be one which makes an accurate reproduction.
II. Any provision of this title which requires or appears to require the department or any of its divisions, bureaus, or officials to obtain any information, document or record in written or hardcopy form may be satisfied, at the option of the department, by obtaining the information, document or record by electronic transfer.
Source. 1947, 15:1. RSA 259:13. 1981, 146:1. 1985, 213:7. 1990, 79:13, eff. June 9, 1990.
Section 260:18
Source. 1947, 15:1. RSA 259:14. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:19
Source. 1947, 15:1. RSA 259:15. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:20
Source. 1921, 119:27. PL 99:9. RL 115:9. RSA 259:16. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:21
I. The department shall upon application issue a nondriver's picture identification card to any resident who is 12 years of age or older and does not possess a driver's license.
II. The department shall, before issuing a card to an applicant, require the applicant to furnish proof of his or her name, age, and residence. The department shall accept the following forms of proof unless there is evidence that the item is not genuine:
(a) A current United States passport.
(b) An armed services identification, or other photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.
(c) Two or more of the following:
(1) A certified or original birth certificate.
(2) A utility bill that is postmarked to the applicant.
(3) A lease or deed or a letter from the town or city clerk verifying the applicant's residency in the town or city.
(4) A marriage certificate or official court document if the person has changed his or her name.
(5) A non-photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.
(6) Other documentation recognized by the department for other purposes.
(d) A notarized statement mailed to the department by registered mail by the department of health and human services verifying the applicant's name, age, and residence and that the applicant is or has been in the custody of the department of health and human services under RSA 463 or under the custody or legal supervision of the department of health and human services pursuant to a proceeding under RSA 169-B, 169-C, or 169-D. This subparagraph shall only apply to applicants under 21 years of age and over 18 years of age or, in the case of a person found delinquent, over 17 years of age. The department shall also accept such a statement that does not verify residence if the applicant provides a notarized statement verifying residence from a homeless shelter or agency or organization receiving federal or state funding for homeless services on the letterhead of the shelter, agency, or organization.
III. The identification card shall bear the name, address, date of birth, blood type (optional), gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), and the picture and signature of the applicant. The identification card shall bear an approved security marking indicating that it was not issued in compliance with Public Law 109-13 and is therefore not acceptable for federal identification purposes.
IV. The identification card shall be valid for 5 years from the date of issuance; provided, however, that a card issued pursuant to RSA 260:21, XI shall be valid for 2 years from the date of issuance. If the director has adopted rules under RSA 263:10, II with respect to on-line renewal of licenses, the director shall provide the same on-line option for identification cards, provided that the applicant is eligible for identification card renewal and has a computerized image on file with the division. An identification card may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a licensing facility.
V. (a) The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his or her driver's license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A person who requires a photo identification card only for voter identification purposes may obtain a voucher in the form provided for in subparagraph (b) from his or her town or city clerk or the secretary of state exempting the voter from the identification card fee. Upon presentation of the voucher to the division, the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d. An identification card paid for by the secretary of state shall be valid for voter identification purposes only, and the card, which shall be known as a voter identification card, shall be marked "for voter identification only."
(b) The identification card voucher shall be in the following form:
IDENTIFICATION CARD VOUCHER To be completed by applicant:Name: ____________________Domicile Address: ____________________Mailing Address: ____________________I hereby swear or affirm that I require a photo identification for voting purposes and that I do not possess a form of identification that meets the requirements of the election laws of this state.I hereby swear or affirm that I am the identical person whom I represent myself to be and that to the best of my knowledge and belief the information above is true and correct. ________________________ (Signature of applicant)To be completed by town or city clerk:I, the clerk of __________ (town or city), hereby swear or affirm that the person identified on this voucher is listed on the voter checklist in this city or town. _________________________________ (Signature of town or city clerk)In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
VI. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.
VII. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
VIII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
IX. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
X. The director shall keep a record of the cards issued, and each card shall contain an identification number specifically assigned to the person to whom the card was issued.
XI. The department shall issue a nondriver's picture identification card to an inmate about to be released pursuant to RSA 651-A:6, IV, without requiring any proof of name, age, or residence. The card need not bear the inmate's new address if it is unknown prior to release.
XII. At the request of a resident who is otherwise eligible for an identification card pursuant to RSA 260:21, I and II, and is willing and able to meet the additional requirements of RSA 260:21-a or RSA 260:21-b, the department may issue a nondriver's picture identification card that is compliant with the standards of the Real ID Act of 2005, Public Law 109-13, and its implementing regulations, including, but not limited to, 6 C.F.R. part 37, or an enhanced identification card as proof of identity and citizenship for persons entering the United States at land and sea ports which meet the standards of the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security, and its associated regulations, including but not limited to Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere, 73 Fed. Reg. 18,384, Apr. 3, 2008, respectively, in lieu of an identification card defined in RSA 260:21.
Source. RSA 259:21. 1977, 194:1. 1979, 88:1; 469:2-4. 1981, 146:1. 1985, 303:6. 1990, 79:9; 140:2, X; 255:6. 1993, 117:2. 1994, 67:1. 1997, 336:3. 2002, 83:6. 2006, 216:3. 2008, 277:1-3. 2012, 127:1, eff. Aug. 4, 2012; 284:4, eff. June 27, 2012. 2016, 71:6, 7, eff. May 10, 2016; 188:1, eff. July 1, 2017. 2019, 205:1, eff. Jan. 1, 2020. 2021, 204:2, Pt. IV, Secs. 1 and 2, eff. Oct. 9, 2021.
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I. The department shall upon application issue a nondriver's picture identification card that complies with Public Law 109-13 to any resident who:
(a) Meets the requirements of RSA 260:21, I and II.
(b) Does not hold any other driver's license or nondriver's picture identification card.
(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
II. The identification card shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
III. The identification card shall be valid for 5 years from the date of issuance.
IV. The fee for such card shall be $10 and is not refundable.
V. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.
VI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
VII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
VIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
IX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
Source. 2016, 71:8, eff. May 10, 2016. 2019, 205:2, eff. Jan. 1, 2020.
Section 260:21-b
I. The department shall upon application issue an enhanced nondriver's picture identification card that complies with the standards of the Western Hemisphere Travel Initiative regarding proof of identity and citizenship for persons entering the United States at land and sea ports, to any resident who:
(a) Meets the requirements of RSA 260:21, I and II.
(b) Does not hold any other driver's license or nondriver's picture identification card.
(c) Agrees to have his or her facial image, signature, and social security number retained by the department.
(d) Provides documents required to demonstrate identity, United States citizenship, social security number, and New Hampshire residency.
II. The identification card shall bear the name, address, date of birth, gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), organ donor status (optional), picture, and signature of the applicant.
III. The identification card shall be valid for 5 years from the date of issuance.
IV. The fee for such card shall be $50 and is not refundable.
V. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a felony.
VI. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
VII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
VIII. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
IX. The director shall keep a record of the cards issued, and each card shall contain a random identification number specifically assigned to the person to whom the card was issued.
Source. 2016, 71:8, eff. May 10, 2016. 2019, 205:3, eff. Jan. 1, 2020.
Section 260:22
Source. RSA 259:22. 1977, 194:1. 1979, 469:5. 1981, 146:1. 1986, 128:11. 1989, 72:2, eff. Jan. 1, 1990. 2021, 204:2, Pt. IV, Sec. 3, eff. Oct. 9, 2021.
Section 260:23
Source. 1911, 133:27. 1919, 161:7. 1921, 119:26. PL 102:28. RL 118:30. 1945, 65:1. 1949, 94:1. 1951, 163:15; 245:9. RSA 262:35. 1957, 110:1. 1967, 182:3. 1981, 146:1. 1983, 383:16, eff. Jan. 1, 1984.
Bureau of Certificate of Title
Section 260:24
Source. RSA 269-A:45. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:25
Source. RSA 269-A:46. 1967, 357:1. 1977, 431:1. 1981, 146:1, eff. Jan. 1, 1982.
OHRV Bureau
Section 260:26
Section 260:27
Section 260:28
Section 260:29
Road Tolls
Section 260:30
Source. 1943, 65:1. RSA 265:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:31
Source. 1943, 65:1. RSA 265:3. 1981, 146:1. 1996, 292:9, eff. Jan. 1, 1997.
Section 260:32
There is hereby imposed a road toll of $.18 per gallon upon the sale of each gallon of motor fuel sold by distributors thereof, as adjusted according to RSA 260:32-a. The road toll shall be collected by the distributor from the purchaser and remitted to the state in the manner hereinafter set forth. All revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon shall be nonlapsing and continually appropriated to, and expended exclusively by, the department of transportation in accordance with RSA 260:32-b. Provided, that the road toll shall not apply to:
There is hereby imposed a road toll of $.18 per gallon upon the sale of each gallon of motor fuel sold by distributors thereof. The road toll shall be collected by the distributor from the purchaser and remitted to the state in the manner hereinafter set forth. Provided, that the road toll shall not apply to:
I. Sales to the United States government for use of the armed forces only.
II. Sales between duly licensed distributors;
III. Sale of motor fuel exported from the state;
IV. Bulk sales from distributors to the state of New Hampshire or its agencies; or
V. Sales from distributors to any city, town, county, school district, or village district.
VI. [Repealed.]
Source. 1943, 65:1. 1951, 83:2. RSA 265:4. 1966, 1:1. 1971, 504:1. 1979, 358:8, II. 1981, 146:1; 321:2, 18. 1987, 179:2. 1988, 64:10. 1990, 10:2; 62:21. 1991, 249:3. 1996, 292:10. 2001, 73:8. 2004, 194:2, eff. July 1, 2004. 2014, 17:1, eff. July 1, 2014; 17:2, eff. as provided by 17:6. 2016, 189:1, eff. Jan. 1, 2017.
Section 260:32-a
The rate for the levy of the road toll under RSA 260:32 shall be adjusted as follows:
I. The rate for the levy of the road toll under RSA 260:30 shall be adjusted, effective July 1, 2014, by multiplying the effective rate during the prior 12-month period by a fraction, the numerator being the annual average CPI for the year 2013 and the denominator being the annual average CPI for the year 2003.
II. The road toll adjustment required in paragraph I shall be calculated by the state treasurer and forwarded to the governor, president of the senate, speaker of the house of representatives, and the commissioner of the department of safety at least 30 days before the effective date of any road toll adjustment. The commissioner of the department of safety shall publish statewide the adjusted road toll rate. The state treasurer shall make the CPI and adjusted road toll calculations to 3 decimal places.
III. In this section, "CPI" means the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, all items, not seasonally adjusted, for the Boston, Brockton, Nashua; MA-NH-ME-CT area.
Source. 2014, 17:3, eff. July 1, 2014.
Section 260:32-b
I. For the fiscal year ending June 30, 2015, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) $12,000,000 shall be expended for the district rehabilitation program with said funds to be distributed equally among the 6 state highway districts.
(b) $13,200,000 shall be expended for the district resurfacing program with said funds to be distributed equally among the 6 state highway districts.
(c) All remaining funds shall be for the purpose of state bridge aid for municipal bridges under RSA 234.
II. For the fiscal year ending June 30, 2016, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) Up to $8,300,000 shall be appropriated to the department of transportation bureau of highway maintenance.
(d) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
III. For the fiscal year ending June 30, 2017, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) Up to $8,300,000 shall be appropriated the department of transportation bureau of highway maintenance.
(d) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
IV. For the fiscal year ending June 30, 2018 and each fiscal year thereafter, expenditure of revenues collected from adjustments under RSA 260:32-a for rates that exceed $.18 per gallon, less required "Apportionment A" distributions under RSA 235:23, I on said revenues, shall be made for the following purposes in the following order of priority:
(a) Debt service payments for bonds issued pursuant to RSA 6:13-d.
(b) In addition to sums otherwise appropriated, $6,800,000 for state bridge aid for municipal bridges under RSA 234.
(c) All remaining funds deposited into the highway and bridge betterment account under RSA 235:23-a.
Source. 2014, 17:3, eff. July 1, 2014. 2015, 276:210, eff. July 1, 2015.
Section 260:32-c
Source. 2014, 268:3, eff. Jan. 1, 2015.
Section 260:33
Section 260:34
Section 260:34-a
Section 260:35
Source. 1951, 83:9. RSA 265:6. 1955, 280:4. 1957, 273:2. 1981, 146:1, eff. Jan. 1, 1982.
(Video) 20 MOMENTS YOU WOULDN'T BELIEVE IF NOT FILMED
Section 260:36
Source. 1923, 75:2. PL 104:1. RL 120:1. 1943, 65:1. 1947, 138:2. RSA 265:8. 1963, 300:3. 1981, 146:1. 1994, 22:2. 1996, 292:11. 2004, 194:3. 2013, 100:1, eff. Aug. 23, 2013.
Section 260:36-a
Source. 1996, 292:12, eff. Jan. 1, 1997.
Section 260:36-b
Section 260:36-c
Section 260:36-d
I. Any person who refines, distills, prepares, blends, manufactures, or purchases biodiesel on which the road toll has not been paid and who is not a licensed and bonded distributor in accordance with RSA 260:36, shall become licensed with the department.
II. Any licensee that refines, distills, prepares, blends, manufactures, or purchases more than 10,000 gallons of biodiesel in a monthly period shall be required to file with the department a bond in accordance with RSA 260:37.
III. For all non-bonded licensees an annual fee for the license shall be $25.
IV. Each biodiesel distributor licensee shall file a monthly return with the department in accordance with RSA 260:38, I.
V. The license shall be unassignable and shall remain in full force and effect on a fiscal year basis from July 1 through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an application renewal form, provided that the distributor is in good standing with the division. The department shall furnish each licensee, monthly, a list of current licenses issued under this section.
VI. Any person who shall use any biodiesel or biodiesel blend, upon which the road toll has been paid to the state of New Hampshire, shall be entitled to a refund to the extent of the amount paid, if the biodiesel or biodiesel blend was used in any other way than generating power in an internal combustion engine while traveling on the ways, except that no refunds on biodiesel or biodiesel blends shall be paid on biodiesel or biodiesel blends used while idling a registered motor vehicle. All refunds shall be subject to the same conditions as set forth in RSA 260:47.
Source. 2008, 381:1, eff. Jan. 1, 2009.
Section 260:36-e
I. It shall be unlawful for any person to sell or use alternative fuel upon which the road toll imposed and collected under this subdivision has not been paid, unless the person is the holder of a valid license to engage in business as a dealer of alternative fuels. To procure an alternative fuel dealer license, an application, signed subject to prosecution for unsworn falsification and accompanied by a bond, shall be filed with the department in such form as the commissioner may prescribe. Once approved, the department shall issue a license certificate valid only for the dealer in whose name issued. The license shall be unassignable and shall remain in full force and effect from the date of issuance through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an annual application renewal form, provided that the dealer is in good standing with the division. Renewals are effective July 1 through June 30.
II. A person who has facilities for placing alternative fuel into the supply system of an internal combustion engine fueled by individual portable containers of 10 gallons or less is not required to be licensed as an alternative fuel dealer, provided that the fuel is only used for exempt purposes.
III. Any person who acts as an alternative fuel dealer and who does not hold a valid license issued under paragraph I shall pay a penalty of $500 for each month of operation without a license or a penalty of 10 percent of the tax assessed on the total purchases made during the unlicensed period, whichever is greater. This penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
IV. When an alternative fuel dealer license application is filed by a person whose previous license was canceled for cause by the department, or the department believes that such application was not filed in good faith, or is filed by another person as a subterfuge for the actual person in interest whose previous license has been canceled, the department may, if evidence warrants, refuse to issue a license for such an application.
V. An alternative fuel dealer shall:
(a) Collect and remit road tolls as provided in this subdivision.
(b) File in the same manner as a distributor in accordance with RSA 260:38.
(c) Be subject to the same penalty for failure to report or pay road toll in accordance with RSA 260:40.
Source. 2014, 268:4, eff. Jan. 1, 2015.
Section 260:37
I. (a) Every distributor shall file with the department a bond:
(1) In an amount equal to approximately 2 times the monthly road toll liability of the distributor, but not less than $10,000, on a form to be approved by the commissioner;
(2) With a surety company authorized to engage in business with the state as surety thereon;
(3) Upon which such distributor shall be the principal obligor and the state of New Hampshire shall be the obligee;
(4) Conditioned upon the prompt filing of true reports and the payment by the distributor of all motor vehicle road tolls which are imposed and which are to be collected under this subdivision, together with all penalties and interests thereon, and generally upon faithful compliance with the provisions of this subdivision.
(b) Changes in the monthly road toll liability level shall also require the bond amount to be adjusted so as to comply with this section.
(c) Annually, or sooner, the department shall review the distributor's average liability based on the prior 6 months' road toll returns and, if applicable, notify the distributor of the required adjustment in the level of the bond. Failure to comply with the adjustment or to maintain the bond at the required level shall result in the cancellation of the license.
II. Any surety on any bond furnished by any distributor as above provided shall be released and discharged from any and all liability accruing on the bond after the expiration of 60 days from the date upon which such surety shall have filed with the commissioner a written request to be released and discharged.
III. In lieu of furnishing a bond executed by a surety company, a distributor may deposit with the state treasurer cash or obligations of the United States or obligations of any federal agency fully guaranteed by the United States or bonds of the state of New Hampshire to the amount of the bond required by this section.
Source. 1931, 159:1. RL 120:2. 1943, 65:1. RSA 265:9. 1979, 358:8, III. 1981, 146:1. 1985, 236:8. 1987, 179:3. 1994, 22:2. 1996, 292:13. 2001, 73:1. 2008, 165:1. 2012, 172:3, eff. Aug. 10, 2012.
Section 260:37-a
I. A distributor may request a release or reduction of the bond required pursuant to RSA 260:37 if the distributor has complied with all licensing, reporting, and payment requirements of this chapter for the immediately preceding 3 consecutive years, provided that such distributors first provide audited financial statements for the immediately preceding 3 years and have been licensed as distributors in good standing in New Hampshire for the immediately preceding 5 consecutive years. If the commissioner or his or her designee determines that release or reduction of the bond will not unreasonably jeopardize state revenues, the bond shall be released or reduced.
II. In the event a distributor exempt under paragraph I fails to remain in compliance with this chapter, the commissioner may reimpose the bond requirement under RSA 260:37 if he or she determines that a material change in circumstances has occurred and that state road toll revenue will be unreasonably jeopardized without imposition of the bond. The commissioner shall notify a distributor of the requirement to obtain a new bond under this paragraph in writing, and shall provide the distributor 30 days to secure a new bond.
III. A distributor aggrieved by a decision of the commissioner under paragraph II may appeal the decision pursuant to RSA 260:6.
Source. 2019, 188:1, eff. Jan. 1, 2020.
Section 260:38
I. For the purpose of determining the amount of road toll imposed and to be collected under this subdivision, the sole proprietor, president, managing partner, chief executive officer, or equivalent thereof, of each distributor shall on or before the twentieth day of each calendar month render a return to the department on forms prescribed and furnished by the commissioner, and shall certify under the pains and penalties of perjury that the return is true, accurate, and complete in all material respects. The return shall show the total number of gallons sold and used in the state during the previous calendar month together with such other information as the commissioner may require for the reasonable administration of this subdivision. Each distributor shall accompany the return with a check payable to the state treasurer for the total amount of road toll shown by such return to be due.
II. The department shall allow, upon proper proof, any losses due to any catastrophe or extraordinary circumstances. A licensed distributor shall report immediately to the road toll administration any losses sustained by the distributor through fire, accident, or unavoidable calamity, in order that the road toll administration may make any investigation it may deem necessary. In such cases, the distributor shall not delay reporting the loss until the filing of the next monthly report. Failure to report any losses promptly may result in the refusal of the road toll administration to allow credit for such losses against the distributor's road toll liability.
III. Each person manufacturing alcohol, ethanol, methanol, or any other product within the state of New Hampshire for use in gasohol shall obtain a license and, on or before the twentieth day of each calendar month, the sole proprietor, president, managing partner, chief executive officer, or equivalent thereof, of said person shall render a return to the commissioner on forms prescribed and furnished by the commissioner, and shall certify under the pains and penalties of perjury that the return is true, accurate, and complete in all material respects. The return shall show the total number of gallons sold to distributors of gasohol, or to persons purchasing the product for the purpose of resale to the distributors, together with such other information as the commissioner may require for the reasonable administration of this subdivision.
IV. The department of safety shall be responsible for licensing and the collection of the fee established under RSA 146-A:11-b and transfer of such fees into the appropriate designated funds under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services and the oil fund disbursement board. The department of safety shall be responsible for the collection of the fee established under RSA 147-B:12 and transfer of such fee into the hazardous waste cleanup fund under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services.
V. [Repealed.]
VI. Special fuel sold by a distributor on which the New Hampshire road toll fees have not been paid shall have dye and markers added to it at or before the time of withdrawal at a terminal or refinery rack. At the option of the supplier, the dye and markers added may be either:
(a) Dye and markers required to be added pursuant to United States Internal Revenue Service requirements; or
(b) Dye with specifications and amounts as required by the department.
Source. 1923, 75:4. PL 104:3, 4. 1927, 123:1; 75:1. 1931, 159:2. 1941, 204:2. RL 120:4-6. 1943, 65:1. RSA 265:10. 1979, 358:8, IV. 1981, 146:1; 321:3, 19. 1987, 179:4. 1988, 271:2. 1993, 171:3; 294:16; 337:8, 9. 1994, 364:10. 1995, 282:7, 11. 1996, 228:44, 45; 292:14, 15. 2001, 293:15-17. 2004, 194:11, 12. 2008, 249:7. 2010, 94:4, eff. May 25, 2010; 94:5, eff. July 1, 2015 at 12:02 a.m. 2015, 142:13, eff. July 1, 2015.
Section 260:39
I. (a) If a distributor fails to maintain an active bond, as required by RSA 260:37, or at any time files a false monthly report, or willfully fails, neglects, or refuses to file the monthly report, or to pay the full amount of the road toll as required by this subdivision, the commissioner or his or her designee, after 10 days' written notice by certified mail directed to the last known address appearing on the files of the department:
(1) Shall revoke or suspend the distributor's license, effective as of the date of the written notice; and
(2) Shall fix a time and place at the department's bureau of hearings, within 10 days of the written notice, where the licensee may appear and show cause why such license should be reinstated. The license shall remain revoked or suspended until a hearing is conducted and a decision is rendered by the hearings examiner.
(b) The written notice shall be presumed to have been served, upon return of the certified receipt signed by the licensee, or 3 days after mailing to the last known address on record of the licensee, whichever comes first.
(c) Any distributor whose license remains suspended or revoked by the commissioner after a hearing may, within 30 days from the date of such decision, appeal to the superior court of Merrimack county.
II. Upon receipt of a written request from any distributor to cancel the license issued to the distributor, the commissioner shall have the power to cancel the license effective 60 days from the date of the receipt of the written request. No license shall be cancelled unless the distributor shall, prior to the date of the cancellation, have paid all road tolls payable, together with all penalties and interest accruing under the provisions of this subdivision and until the distributor shall have surrendered to the commissioner its license certificate. If, upon investigation, the department shall find that any person to whom a license has been issued is no longer engaged in the sale of motor fuel as a distributor, and has not been so engaged for a period of 6 months, the commissioner shall have the power to cancel such license by giving the person 60 days' notice of cancellation mailed to the last known address of the person, in which event the license certificate issued to the person shall be surrendered to the department.
III. In the event that the license of any distributor shall be cancelled by the commissioner as provided, in this section and in the further event that the distributor shall have paid all road tolls due, together with all penalties and interest accruing under any of the provisions of this subdivision, the commissioner shall cancel and surrender the bond, cash, or securities filed by the distributor.
Source. 1943, 65:1. RSA 265:11. 1981, 146:1. 1988, 64:11. 1996, 292:16. 2012, 172:4, eff. Aug. 10, 2012.
Section 260:39-a
I. If a distributor that has been granted a released or reduced bond pursuant to RSA 260:37-a files a false monthly report or willfully fails, neglects, or refuses to file a monthly report or pay the full amount of the road toll as required by this subdivision, the commissioner or his or her designee may immediately revoke or suspend the distributor's license.
II. The commissioner shall provide written notification of his or her decision to revoke or suspend the distributor's license. Such notification shall provide a date, time, and place at the department's bureau of hearings where the distributor may appear and show cause as to why the license should be reinstated, provided that the license shall remain revoked or suspended until otherwise ordered by a hearings examiner. Such hearing shall be held within 10 days of the date on the notification of suspension or revocation.
III. The written notification of suspension or revocation shall be presumed to have been served if sent to the last known recorded address of the licensee.
IV. Any distributor whose license remains revoked or suspended after a hearing conducted pursuant to paragraph II may appeal the hearing examiner's decision to the superior court of Merrimack County within 30 days of the date of such decision.
Source. 2019, 188:2, eff. Jan. 1, 2020.
Section 260:40
I. When any distributor shall fail to file a monthly report with the department at the time fixed in this subdivision, refuse to submit the data required by RSA 260:38, or fail to pay the amount of road tolls due when they shall be payable, a penalty of 10 percent shall be added to the amount of the road tolls due, or if no road toll is due, a penalty of $1 per day shall be assessed. Such penalty shall immediately accrue, and thereafter the overdue road tolls and the penalty shall bear interest as specified in RSA 260:40-a.
II. Any manufacturer of alcohol or any other product used in gasohol who fails to file a return with the commissioner as required by RSA 260:38, III shall be assessed a penalty of $50 for each return not filed. This penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
III. The commissioner is authorized to waive any penalty and interest assessed under this section when it is proved to the commissioner's satisfaction that the failure to file the monthly report or pay the road tolls on time was not willful.
Source. 1923, 75:6. PL 104:8. 1931, 159:4. 1935, 73:9. RL 120:12. 1943, 65:1. RSA 265:12. 1981, 146:1; 321:4, 20. 1988, 64:13. 1996, 292:17. 2001, 73:2, eff. July 1, 2001.
Section 260:40-a
Source. 1996, 292:18. 2001, 73:3, eff. July 1, 2001.
Section 260:41
I. Whenever a distributor shall neglect or refuse to file any report as required or shall file an incorrect or fraudulent report, the commissioner shall determine after an investigation the number of gallons of motor fuel for which the distributor has incurred liability and determine the amount payable by the distributor. The commissioner shall proceed to collect the amount due.
II. In any action or proceeding for the collection of the road toll or any penalties or interest imposed under this subdivision, an assessment by the commissioner shall constitute prima facie evidence of the claim of the state, and the burden of proof shall be upon the licensee to show that the assessment was incorrect and contrary to law.
III. All road tolls due and unpaid under the provisions of this subdivision shall be assessed within 4 years after such tolls become due.
Source. 1943, 65:1. RSA 265:13. 1981, 146:1. 1988, 64:16. 1996, 292:19, eff. Jan. 1, 1997.
Section 260:42
I. Every person not registered as a distributor who transports motor fuel or products subject to the fees stipulated in RSA 146-A, to a point or points outside the state from a point or points within the state, to a point or points within the state from a point or points outside the state, or to a point or points within the state from a point or points within the state, every common carrier or contract carrier who transports motor fuel or petroleum products, and every licensed distributor who transports motor fuel or petroleum products exclusive of the carrier's own product shall be licensed with the commissioner as a motor fuel and petroleum products transporter.
II. A transporter's license may be obtained by filing an application with the commissioner, on such form as the commissioner may prescribe. Falsification of the application shall be subject to prosecution for unsworn falsification.
III. The commissioner, after giving notice and opportunity for a hearing, may refuse to issue a transporter's license to any person who previously had a transporter's license suspended or revoked for cause or whose application the commissioner believes was not filed in good faith.
IV. The commissioner shall issue a license certificate when the application has been accepted and approved, and all other conditions and requirements of this subdivision have been fully complied with. The license shall be valid only for the transporter in whose name it is issued. The license shall not be assignable and shall remain in full force and effect from the date of issuance through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an annual application renewal form, provided that the transporter is in good standing with the division. Renewals are effective July 1 through June 30.
V. The transporter shall report to the commissioner on forms prescribed by the commissioner, not later than the twentieth of the succeeding calendar month, subject to prosecution for unsworn falsification, all deliveries of motor fuel and petroleum products made to or from points within the state during the previous calendar month. Such reports shall contain sufficient information to identify the quantities delivered, the consignor, the consignee and such additional information as the commissioner may require. A report shall be filed for any month in which no activity occurs. Information required pursuant to this paragraph which has been deemed confidential or as to which a request for confidential treatment is pending shall not be shown to or reviewed by any person other than the employees of the department who have a legitimate need to know the information for the purposes of enforcement of this subdivision, or fuel tax officials of another state as required by RSA 260:56, I, in which case the officials shall be required by the commissioner to agree to a similar limitation on disclosure before such information is furnished.
VI. (a) Any person who fails, neglects, or refuses to file the monthly report required by this section shall be assessed a penalty of $500. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
(b) Any person who fails to report a delivery of petroleum fuel or petroleum products within the time period specified in this section shall be assessed a penalty of $500 or $10 per unreported delivery, whichever is greater. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
VII. The commissioner is authorized to waive any civil penalty and interest when it is proved to the commissioner's satisfaction that the failure to file a monthly report on time or to report all deliveries of petroleum fuel or petroleum products within the time period specified in this section was not wilful.
VIII. The commissioner may require transporters to report products other than motor fuel and products subject to the fees in RSA 146-A. In such instance, the commissioner shall notify existing transporters no less than 30 days in advance of imposing such requirement.
IX. (a) All distributors licensed under RSA 260:36 who require transport of motor fuel or products subject to the fees stipulated in RSA 146-A shall use a licensed motor fuel and petroleum products transporter. The department shall make available to each distributor, monthly, a list of current licenses issued under this section.
(b) Any distributor who fails to use a motor fuel and petroleum products transporter licensed in accordance with this section shall be assessed a penalty of $500 or $10 per delivery, whichever is greater. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
Source. 1943, 65:1. 1947, 138:3. RSA 265:14. 1981, 146:1; 321:5, 21. 1988, 64:8, 14. 1990, 62:6-8. 1996, 292:20. 2001, 73:4. 2004, 194:4, 5, 13. 2009, 144:213, 214. 2013, 100:2-4, eff. Aug. 23, 2013.
Section 260:42-a
I. Every retail dealer shall be subject to reasonable inspections during the regular business hours of the retail dealer. Inspections may consist of the review of records of motor fuel and petroleum products, including:
(a) Purchases of product;
(b) Opening and closing inventory readings; and
(c) Pump meter readings.
II. Any person authorized by the department is hereby given the authority, during the usual business hours of the day, to enter any retail dealer's premises for the purpose of making an inspection or investigation as deemed necessary by the department. If the owner or occupant refuses to permit such inspection, the commissioner or the commissioner's authorized officers may apply under oath for a search warrant as provided in RSA 595-B.
Source. 2004, 194:6, eff. July 1, 2004.
Section 260:43
Source. 1943, 65:1. RSA 265:15. 1981, 146:1; 321:6, 22. 1988, 64:17. 1996, 292:21. 2001, 73:5, eff. July 1, 2001.
Section 260:43-a
I. Each retail dealer shall maintain and keep for a period of 3 years records of motor fuel and petroleum products, including purchases of product, opening and closing inventory readings, and pump meter readings.
II. Any retail dealer who fails to provide or maintain, or who denies access to, records required by this section shall be assessed a penalty of $500. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
III. The commissioner is authorized to waive any civil penalty and interest when it is proved to the commissioner's satisfaction that the failure to maintain records within the time period specified in this section was not willful.
Source. 2004, 194:7. 2008, 165:2, eff. July 1, 2008.
Section 260:43-b
Source. 2008, 381:4, eff. Jan. 1, 2009.
Section 260:44
I. The department, or any deputy, employee or agent authorized by it, is hereby given the authority to examine, during the usual business hours of the day, the records required to be preserved under this subdivision; provided, however, that no distributor, user or transporter shall be subjected to unnecessary examinations or investigations.
II. The commissioner shall have the power, in the enforcement of the provisions of this subdivision, to hold hearings, to administer oaths to witnesses, to take the sworn testimony of any person and cause it to be transcribed into writing, and for such purposes shall be authorized to issue subpoenas and subpoenas duces tecum and compel the attendance of witnesses, and shall have the power to conduct such investigations as he may deem necessary; provided, that it shall be unlawful for any person to disclose the information acquired by the department or any of its agents under the provisions of this section, except when used by the state or any officer thereof in any proceeding for the collection of the road toll or any prosecution for violation of any of the provisions of this subdivision, and provided, further, that if any distributor, user or transporter shall refuse access to such records or if any person shall fail or refuse to obey such subpoena or subpoena duces tecum, or shall fail or refuse to testify before the commissioner, then the commissioner may petition the superior court setting forth the circumstances, and the court shall enter such order against such distributor, user, transporter or person on the premises as the enforcement of this subdivision and justice shall require.
Source. 1943, 65:1. RSA 265:16. 1981, 146:1; 321:7, 23. 1990, 62:9. 1994, 22:2, eff. June 21, 1994.
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Section 260:45
I. Whenever a distributor ceases to engage in business as a distributor within the state by reason of the discontinuance, sale, or transfer of the business, it shall be the duty of the distributor to notify the commissioner in writing at least 10 days prior to the time the discontinuance, sale, or transfer takes effect. The notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date and the name and address of the purchaser or transferee thereof. All road tolls not yet due and payable shall, together with all interest accruing or penalties imposed, notwithstanding any other provisions of this subdivision, become due and payable concurrently with the discontinuance, sale, or transfer, and it shall be the duty of the distributor, concurrently with the discontinuance, sale, or transfer, to make a report and pay all road tolls, interest, and penalties, and to surrender to the department the license certificate issued to the distributor.
II. Unless the notice provided for in paragraph I shall have been given to the department, the purchaser or transferee shall be liable to the state for the amount of all road tolls, penalties, and interest under this subdivision accrued against any such distributor so selling or transferring the distributor's business, on the date of such sale or transfer, but only to the extent of the value of the property and business thereby acquired from the distributor.
Source. 1943, 65:1. RSA 265:17. 1981, 146:1. 1994, 22:2. 1996, 292:22, eff. Jan. 1, 1997.
Section 260:46
Source. 1923, 75:6. PL 104:5. RL 120:8. 1943, 65:1. RSA 265:18. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:47
I. Any person who shall use any motor fuel, upon which the road toll has been paid to the state of New Hampshire, shall be entitled to a refund to the extent of the amount paid, under the following conditions:
(a) The fuel was used in any other way than generating power in an internal combustion engine while traveling on the ways, except that no refunds on motor fuel shall be paid on motor fuel used while idling a registered motor vehicle. For the purposes of this subparagraph, "idling time" shall mean when a motor vehicle is stationary with the engine operating at less than 1,200 revolutions per minute (rpm) without the power take-off unit engaged, and with the transmission in the neutral or park positions. "Power take-off unit" shall mean a supplementary mechanism enabling the engine power to be used to operate non-automotive apparatus.
(b) Road tolls paid by the state of New Hampshire, its agencies, or any city, town, county, school district, or village district which uses the motor fuel in its own vehicles; provided, however, that no person, except an organized club of OHRVs or an organized club of snowmobiles, shall be entitled to a refund for an amount less than $10. The right to receive any refund under this section shall not be assignable and any assignment thereof shall be void. Provided, however, members of an organized club for OHRV or an organized club of snowmobile users may assign individual rights to a refund under this section to their respective clubs for the expansion and maintenance of club trails. With the exception of refunds made to OHRV or snowmobile clubs, no payment of any refund shall be made to any person other than the original person entitled to it and using motor fuel as set forth in this paragraph; and provided further, the OHRV or snowmobile of the user shall be registered for OHRV or snowmobile use in New Hampshire to be eligible for the road toll refund under this section.
II. [Repealed.]
III. Any person who shall be entitled to a refund of the road toll paid shall be reimbursed the amount of the road toll paid subject to the following conditions:
(a)(1)(A) Except as provided in subparagraph (2), all applications for refunds shall be made subject to prosecution for unsworn falsification pursuant to RSA 641:3 and shall be filed with the department:
(i) Annually, no later than April 15 following the end of the calendar year, or
(ii) If, at the close of any quarter of the calendar year at least $750 is payable in aggregate under these provisions to such person with respect to fuel used during the calendar year, an application may be filed under this subparagraph no later than the close of the subsequent quarter.
(B) These filing deadlines may be waived by the commissioner for just cause for agencies of political subdivisions within the state. The waiver shall not be granted to any such agency more often than once in 3 years.
(2) All applications for refunds for fuel used for off highway recreational vehicles, snowmobiles, and boats shall be made subject to prosecution for unsworn falsification pursuant to RSA 641:3 and shall be filed with the department annually no later than April 15 of the year following the calendar year the motor fuel was purchased by the user.
(b) The application shall be in a form as the department shall prescribe and shall contain such information as required to give the commissioner a full and complete basis for determining the validity of the claim.
(c) The application shall be accompanied by an invoice showing the purchase, together with evidence of payment of the invoice satisfactory to the commissioner.
(d) The provisions of RSA 260:44, relative to inspection of records and hearings, shall apply to this subparagraph if so determined by the commissioner or the commissioners.
(e) The application form shall permit the applicant to authorize payment of all or a portion of the refund to the navigation safety fund established under RSA 270-E:6-a or to the lake restoration and preservation fund, established in RSA 487:25, to be allocated to the control and prevention of exotic aquatic species.
IV. When the above conditions have been fully complied with and when, after investigation, the commissioner is satisfied that the claim is valid, the commissioner shall determine the amount of the refund due on the application, and shall certify the amount and the name of the person entitled to the refund to the state treasurer.
V. [Repealed.]
VI. Motorsport facilities which sell or dispense automotive racing fuel for off-highway activities including snowmobile use shall be entitled to apply for a refund under this section. Refunds shall only be granted to such facilities for fuels which are specifically designed for automotive racing and which have an octane rating of 105 or higher.
Source. 1943, 65:1. 1947, 138:1; 277:1. 1955, 193:1. RSA 265:19. 1957, 203:1. 1965, 355:1. 1967, 426:2. 1977, 193:1; 572:12. 1978, 14:2, 4. 1979, 138:1; 358:8, V. 1981, 146:1; 321:8, 9, 25, 26. 1983, 384:1; 449:24. 1987, 179:5. 1994, 22:2. 1996, 292:23. 1997, 56:1, 2, 4; 275:1. 2005, 30:1; 210:42, 43. 2006, 58:1, 2. 2008, 165:3, eff. July 1, 2008. 2017, 177:3, I, eff. Aug. 27, 2017.
Section 260:48
In addition to the provisions of RSA 260:47 any retail dealer shall be entitled to a refund for tolls paid on account of shrinkage or loss by evaporation of motor fuel. The procedure for such refund shall be as follows:
I. The amount of refund shall be computed at the rate of 3/4 of one percent of the toll paid on gross purchases.
II. All applications for refunds shall be made subject to prosecution for unsworn falsification and shall be made semi-annually within 90 days after June 30 and December 31, respectively.
III. The application shall be in such form as the commissioner shall prescribe and shall be accompanied by a statement from the distributor of the gross purchases of motor fuel made by the dealer during the 6-month period.
IV. The above conditions having been fully complied with, the commissioner shall calculate the amount of the refund due on the application and shall certify that amount and the name of the person entitled to the refund to the state treasurer.
Source. RSA 265:19-a. 1957, 117:2, 3. 1981, 146:1. 1994, 22:2. 1996, 292:24. 2003, 187:1, eff. July 1, 2003.
Section 260:49
Source. RSA 265:19-b. 1967, 426:3. 1981, 146:1. 1996, 292:25, eff. Jan. 1, 1997.
Section 260:50
I. If the commissioner decides that any road tolls or interest or penalties have been erroneously or illegally collected from any distributor, the distributor shall be entitled to a refund thereof, or the amount may be deducted from any subsequent return.
II. No refunds or deductions shall be made under the provisions of this section unless a written statement, signed subject to prosecution for unsworn falsification, setting forth the circumstances shall be filed with the department within 4 years from the date of payment of road tolls illegally or erroneously collected. Errors in making a return may be corrected on any subsequent return with proper explanation.
Source. 1943, 65:1. 1947, 138:4. RSA 265:20. 1981, 146:1. 1990, 62:10. 1994, 22:2. 1996, 292:25, eff. Jan. 1, 1997.
Section 260:50-a
Source. 2013, 100:5, eff. Aug. 23, 2013.
Section 260:51
Source. 1943, 65:1. RSA 265:21. 1979, 358:9, I. 1981, 146:1. 1994, 22:2, eff. June 21, 1994.
Section 260:52
I. All users of special fuel who travel exclusively (intrastate) on the ways of the state of New Hampshire shall use only special fuel on which the supplier has prepaid the New Hampshire road toll fees. Vehicles powered by special fuels having a gross registered weight in excess of 26,000 pounds or having 3 or more axles regardless of weight, or when the weight of such vehicle or combination of vehicles exceeds 26,000 pounds, that travel on the ways of New Hampshire that also travel in any other state, province, or other IFTA jurisdiction shall meet the licensing and reporting requirements of the International Fuel Tax Agreement (IFTA).
II. [Repealed.]
III. The provisions of RSA 260:52 shall not apply to or affect:
(a) Vehicles owned by the United States government for the use of the armed forces only, the state, a city, town, county, village, or school district.
(b) [Repealed.]
(c) Special mobile equipment as defined in RSA 259:105.
(d) Recreation vehicles as defined in RSA 259:84-a.
IV, IV-a. [Repealed.]
V. Every user of special fuel who is required to obtain an International Fuel Tax Agreement (IFTA) license under RSA 260:52, I shall make application for each vehicle on such forms as the commissioner may prescribe. Licenses shall expire on December 31 of each year, and shall be issued at a fee of $10 per vehicle.
VI. The department may grant a temporary authorization to drive a vehicle propelled by special fuel when, in the commissioner's judgment, it would be feasible. The fee for an authorization shall be based on the approximate toll that would be due but shall be not less than $5 for each authorization. The commissioner may adopt rules, pursuant to RSA 260:5, as the commissioner may deem necessary to carry out the provisions of this paragraph.
VII. [Repealed.]
VIII. Any user who has been issued a license in the form of a decal by the department or the user's base state, who fails to display the decal as the commissioner may prescribe shall be guilty of a violation.
IX. A user, or any agent or employee of a user, who consumes special fuel in a motor vehicle over the ways of this state when the user is not the holder of a required valid license or has not been granted temporary authorization shall be guilty of a violation. Upon conviction for a first offense, the user, agent, or employee shall, notwithstanding the provisions of title LXII, be fined not more than $500. Upon conviction based upon a complaint which alleges that such person was driving after license suspension or revocation, or based upon a complaint which alleges that such person has had one or more prior convictions within the 12-month period preceding the date of the second or subsequent offense, if said conviction or convictions are proven, such user, agent, or employee shall, notwithstanding the provisions of title LXII, be fined not less than $250 nor more than $1,000.
X. Notwithstanding the provisions of RSA 594:10 and RSA 594:14, a summons may be served on the owner or lessee of any vehicle driven in violation of this subdivision by delivering the summons in hand to any person driving the vehicle, and the driving of the vehicle with the express or implied consent of the owner or user shall be deemed equivalent to an appointment by such owner or user of the driver to be the true and lawful agent upon whom may be served the summons in any action against the owner or user arising out of a violation of this subdivision.
XI, XI-b. [Repealed.]
XI-c. No road toll shall be charged for a mixed use school bus operated under contract with a school board authority. However, mixed use school bus operators must, on or before the last day of April, July, October, and January of every year, file with the department on forms prescribed by the director, a report showing the total gallonage of special fuels used within the state for operations excluding mixed use school bus operations.
XII, XIII-a. [Repealed.]
XIV. In all other respects the collection and payment of the road toll imposed in this section shall be governed by the applicable general provisions of this subdivision.
XV. [Repealed.]
XVI. Any carrier granted a certificate of public convenience and necessity or public interest permit by the public utilities commission which is entitled to refunds on motor fuels tolls pursuant to the provisions of RSA 260:49 is hereby exempted from the tolls imposed under this section to the same extent and in accordance with the same formula provided for motor fuel refunds under RSA 260:47.
XVII. [Repealed.]
XVIII. [Repealed.]
Source. 1923, 75:5. PL 104:7. 1935, 73:8. 1941, 204:3. RL 120:10. 1943, 65:1. 1947, 138:5, 6. 1949, 32:1. RSA 265:22. 1959, 103:1; 266:1. 1963, 300:2. 1965, 355:2. 1967, 426:4. 1973, 530:39. 1977, 376:1; 558:2; 563:83. 1978, 14:3. 1979, 311:1; 358:8, VI-X; 496:3. 1981, 146:1; 321:10-14, 24, 27-30; 534:2, 7; 568:33. 1983, 269:1-3. 1985, 236:1-6; 383:1. 1986, 17:1; 52:1; 152:1. 1987, 179:6, 7, 9, IV-VII. 1988, 64:9, 15, 18-20. 1990, 10:3; 62:11-16. 1992, 282:10. 1994, 22:1, 2. 1996, 19:6; 292:26-31, 41, IV-VII. 2001, 121:5. 2004, 194:8, eff. July 1, 2004. 2017, 177:1, 2, 3, II, eff. Aug. 27, 2017.
Section 260:52-a
Section 260:52-b
I. Private school bus owners or school bus lines shall be entitled to a refund of any tolls paid by them when their vehicles are being used exclusively to transport pupils to and from public schools or public school activities by virtue of a contract with a municipality, municipal board, or school board authority to the extent that the amount of tolls paid on motor fuel was used in these activities. No private school bus owners or school bus lines shall be entitled to a refund for an amount less than $10, and no payment of any refund shall be made to any person other than the private school bus owners or school bus lines entitled to it. The entitlement to a refund shall not include a refund on any penalties or interest paid. The application for a refund filed by private school bus owners and school bus lines shall be accompanied by such documentary evidence as the commissioner may require.
II. All applications for refunds shall be made under penalty of unsworn falsification pursuant to RSA 641:3, and shall be filed with the department no later than the deadline provided under RSA 260:47, III.
Source. 1997, 56:3. 2008, 165:4, eff. July 1, 2008.
Section 260:52-c
I. A notice stating "dyed special fuel, nontaxable use only, penalty for taxable use" shall be:
(a) Provided by the distributor to any person who receives dyed special fuel at a terminal rack of the distributor.
(b) Provided by the seller of dyed special fuel to the buyer, if the fuel is located outside the bulk transfer or terminal system and is not sold from a retail pump posted in accordance with subparagraph (c).
(c) Posted by a seller on any retail pump where it sells dyed special fuel for use by the buyer.
II. The notice shall be provided by the time of the removal or sale and shall appear on shipping papers, bills of lading, and invoices accompanying the sale or removal of the fuel.
III. The department may designate any federal notice provision that is substantially similar to a notice required by this section as satisfying any notice requirement of this section.
Source. 2004, 194:9, eff. July 1, 2004.
Section 260:52-d
I. A person shall not operate a motor vehicle on the ways of this state if the fuel supply tanks of the vehicle contain dyed special fuel.
II. A person shall not sell or deliver any dyed special fuel knowing or having reason to know that the fuel will be consumed in a highway use. A person who dispenses dyed special fuel from a retail pump that is not properly labeled with the notice required by RSA 260:52-c, or who knowingly delivers dyed special fuel into the storage tank of such a pump, shall be presumed to know that the fuel will be consumed in a highway use.
III. A person shall not:
(a) Import, export, or transport within this state special fuel, other than dyed special fuel, without the license required under RSA 260:36 unless the road toll has been paid on the special fuel.
(b) Sell or deliver dyed special fuel from a retail pump unless the pump is properly labeled as required by RSA 260:52-c.
IV. A person who violates any provision of this section commits a violation and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500.
V. In addition to any penalty provided in paragraph IV, a person who violates paragraph I or III shall be assessed a penalty of $1,000 or $10 per gallon of dyed special fuel involved in the sale, delivery, or consumption, whichever is greater.
VI. Any person authorized by the department may enter any place where fuels are produced or stored, and may physically inspect any tank, reservoir, or other container that can be used for the production, storage, or transportation of special fuel, special fuel dyes, or special fuel markers. Inspection may also be made of any equipment used for or in connection with the production, storage, or transportation of special fuel, special fuel dyes, or special fuel markers, including any equipment used for the dyeing or marking of special fuel. Books, records, or other documents may be inspected to determine road toll liability. A person authorized by the department may detain a vehicle, vessel, or railroad tank car placed on a customer's siding for use or storage for the purpose of inspecting fuel tanks or fuel storage tanks as necessary to determine the amount and composition of the fuel. A person authorized by the department may take and remove samples of diesel fuel in reasonable quantities necessary to determine the composition of the fuel.
VII. A person that refuses to allow an inspection authorized by this section commits a violation and shall, upon conviction, be sentenced to pay a fine of $1,000 for each refusal.
Source. 2004, 194:9, eff. July 1, 2004.
Section 260:52-e
I. Eligible nonprofit corporations whose vehicles are registered in accordance with RSA 261:92 shall be entitled to a refund of any tolls paid by them to the extent that their vehicles are being used exclusively for the transportation of elderly or disabled persons by virtue of a contract with the department of transportation. No eligible nonprofit corporation shall be entitled to a refund for an amount less than $10, and no payment of any refund shall be made to any person other than the eligible nonprofit corporation. The entitlement to a refund shall not include a refund on any penalties or interest paid. The application for a refund filed by an eligible nonprofit corporation shall be accompanied by such documentary evidence as the commissioner may require.
II. All applications for refunds shall be made under penalty of unsworn falsification pursuant to RSA 641:3, and shall be filed with the road toll administration no later than the deadline provided under RSA 260:47, III, and the records of such applicants shall be open to audit by the department at any time.
Source. 2005, 203:5. 2008, 165:5, eff. July 1, 2008.
Section 260:52-f
I. A person shall not sell or deliver biodiesel or biodiesel blend in this state that does not meet the ASTM standard as defined in RSA 259:6-a.
II. A person who violates paragraph I of this section commits a violation and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500.
III. In addition to any fine provided in paragraph II, a person who violates paragraph I shall be assessed a penalty of $1,000 or $10 per gallon of biodiesel or biodiesel blends involved in the sale or delivery, whichever is greater.
IV. Upon conviction, a person who violates paragraph I of this section shall be ordered by the court to pay the costs associated with testing to determine ASTM standard as defined by RSA 259:6-a.
V. Any person authorized by the department may enter any place where fuels are produced or stored, and may physically inspect any tank, reservoir, or other container that can be used for the production, storage, or transportation of biodiesel or biodiesel blends. Inspection may also be made of any equipment used for or in connection with the production, storage, or transportation of biodiesel or biodiesel blends. A person authorized by the department may detain a vehicle, vessel, or railroad tank car placed on a customer's siding for use or storage for the purpose of inspecting fuel tanks or fuel storage tanks as necessary to determine the amount and composition of the fuel. A person authorized by the department may take and remove samples of biodiesel, either pure or blended with petroleum diesel, in reasonable quantities necessary to determine the composition of the fuel.
VI. A person who refuses to allow an inspection authorized by this section commits a violation and shall, upon conviction, be sentenced to pay a fine of $1,000 for each refusal.
Source. 2008, 381:3, eff. Jan. 1, 2009.
Section 260:52-g
I. If the sale of motor fuel upon which the road toll has been paid is made to an exempt governmental entity, as defined by RSA 260:32, and occurs at a fixed retail pump available to the general public, and the price of the motor fuel including the road toll is charged to a credit or fuel card issued to the exempt governmental entity, the issuer of the card shall be entitled to a refund of that road toll if the terms of the contract between the card issuer and the exempt governmental entity provide that the exempt governmental entity shall not be billed for the road toll. No credit or fuel card issuer under this section shall be entitled to a refund for an amount less than $10, and no payment of any refund shall be made to any person other than the credit or fuel card issuer entitled to it. The application for a refund filed by the credit or fuel card issuer shall be accompanied by such documentary evidence as the commissioner may require.
II. All applications for refunds shall be made under penalty of unsworn falsification pursuant to RSA 641:3, and shall be filed with the department no later than the deadline provided under RSA 260:47, III, and the records of such applicants shall be open to audit by the department at any time.
Source. 2014, 298:1, eff. Sept. 30, 2014.
Section 260:53
Section 260:54
Section 260:54-a
Source. 1983, 269:4. 1988, 64:12. 1994, 22:2. 1996, 292:32, eff. Jan. 1, 1997.
Section 260:55
I. (a) The term "person," as used in this section, shall include, but not be limited to, a natural person, a corporation, a limited liability company, a partnership, a professional association, an officer or employee of a corporation, a member, officer, or employee of a partnership, or a trustee, member, or employee of a trust who as such trustee, member, or employee is under a duty either to perform or to refrain from performing the act with respect to which the violation occurs. This section shall apply to persons acting in any fiduciary capacity.
(b) The term "wilfully," as used in this section, shall have the same meaning as provided in RSA 626:2, IV.
II. With respect to any road toll, penalty, or interest imposed by this subdivision, no person shall:
(a) Wilfully attempt in any manner to evade any tax or the payment thereof.
(b) Wilfully fail to collect, truthfully account for, and pay over any road toll, penalty, or interest which such person is required to collect, account for, and pay over to the department.
(c) Wilfully fail to make a return, report, or declaration, to keep records, or to supply any information, which such person is required to do under this subdivision or under rules adopted under authority of this subdivision, to make such return, report, or declaration, to keep such records, or to supply such information, at the time or times required by statute or rules.
(d) Make and submit to the department any return, report, statement, or other document, that is incomplete due to wilful omissions.
(e) Wilfully make and submit to the department any return, report, statement, or other document that he or she does not believe to be true and correct as to every material matter.
(f) Aid or assist in, or procure, counsel, or advise the preparation of or presentation under, or in connection with any matter arising with respect to the road tolls imposed under this subdivision, a return, affidavit, claim, or other document, which the person knows is fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge and consent of the person authorized or required to present such return, affidavit, claim, or document.
(g) Wilfully simulate, or falsely or fraudulently execute or sign, any bond, license, permit, or other document required by the department with respect to motor fuel laws, or by any rule adopted relative to such laws, or wilfully procure such documents to be falsely or fraudulently executed or advise, aid in, or connive at such execution.
(h) Wilfully remove, deposit, or conceal, or direct the removing, depositing, or concealing of any goods, chattels, or commodities for, or in respect to, any road toll which is or is to be imposed, or any property upon which levy is authorized by law, with intent to evade the assessment or collection of any road toll, penalty, or interest.
(i) Wilfully deliver or disclose to the department any list, return, account, statement, declaration, or other document, known by him or her to be fraudulent or to be false as to any material matter.
(j) Wilfully corrupt or by force or threat of force, including any threatening letter or communication, endeavor to obstruct or impede an officer or employee of the state acting in an official capacity under this subdivision, or in any other way corrupt or by force or threats of force, including any threatening letter or communication, obstruct or impede, or endeavor to obstruct or impede, the due administration of any tax administered by the department. The term "threats of force," as used in this subparagraph, means threats of bodily harm to the officer or employee of the department or to a member of his or her family.
(k) Wilfully accepts delivery of motor fuel upon which the road tolls have not been paid, unless such motor fuel is exempt under the law from the payment of road tolls.
III. (a) Any natural person who violates subparagraph II(a), (b), (e), (f), or (j) shall be guilty of a class B felony and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2. Any other person who violates subparagraph II(a), (b), (e), (f), or (j) shall be guilty of a felony and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2.
(b) Any natural person who violates subparagraph II(c), (d), (g), (h), (i), or (k) shall be guilty of a misdemeanor and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2. Any other person who violates subparagraph II(c), (d), (g), (h), (i), or (k) shall be guilty of a misdemeanor and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2.
IV. In addition to any penalties provided in RSA 651:2, any person convicted under this section shall be subject to a criminal penalty of at least 10 percent, but not more than 30 percent, of the outstanding road toll.
V. The motor fuel licenses issued to any distributor by the department shall be revoked upon the conviction of the distributor of any crime under this section. Such convicted distributors shall be ineligible to renew or obtain any motor fuel license issued by the department for a period of at least 5 years from the date of conviction.
Source. 1943, 65:1. RSA 265:24. 1967, 426:7. 1973, 528:149. 1981, 146:1. 2004, 194:10, eff. July 1, 2004.
Section 260:56
I. The department shall, upon request duly received from the officials to whom are entrusted the enforcement of the motor fuel tax laws of any other state, forward to such officials any information which the department may have in its possession relative to the sale, transportation, or shipment by any person of motor fuel into the other state.
II. The department upon request shall furnish information to any person as to the total gallonage of motor fuel imported, produced, exported, or sold for use in the state together with the total amount of road toll paid, by any distributor or user during any month.
III. The commissioner shall, upon written request duly received from the commissioner of the department of revenue administration, forward any road toll information pertaining to persons that are subject to taxes administered by the department of revenue administration.
Source. 1943, 65:1. RSA 265:25. 1981, 146:1. 1996, 292:33. 2008, 165:6, eff. July 1, 2008.
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Section 260:56-a
Source. 2008, 165:7, eff. July 1, 2008.
Section 260:57
Source. 1943, 65:1. RSA 265:26. 1981, 146:1. 1988, 288:5. 1994, 22:2. 1996, 292:33, eff. Jan. 1, 1997.
Section 260:58
Section 260:59
Source. 1943, 65:4. RSA 265:28. 1979, 298:2. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:60
Source. 1943, 65:4. 1947, 292:1. RSA 265:29. 1961, 166:3. 1967, 402:1. 1981, 146:1. 1987, 179:8. 1996, 68:1. 1997, 210:2. 1998, 324:2. 2008, 120:23, eff. Aug. 2, 2008. 2019, 346:312, eff. July 1, 2019.
Section 260:61
I. Annually, on or before June 30, the comptroller shall transfer, from road tolls collected, an amount equal to the number of licensed OHRVs and snowmobiles for the previous year times the average number of gallons consumed per year per OHRV and snowmobile times the gasoline road toll imposed under RSA 260:32, less any amount refunded for OHRV and snowmobile use for the previous year, to the fish and game department and the bureau of trails as follows. The road toll administrator shall report to the comptroller if there is a balance of unrefunded road tolls collected. The administrator shall certify the amount to the comptroller who shall credit 1/2 of such balance to the bureau of trails for use as provided in paragraph I-a, and 1/2 of such balance to the fish and game department as unrestricted revenue to the fish and game fund. For the purposes of this section, "the average number of gallons consumed per year per OHRV or snowmobile" is 100.
I-a. The bureau shall use 662/3 percent of the amount credited for grants under its grant-in-aid program, and 331/3 percent for general operating expenses and expenses incurred in administering and supervising the grant-in-aid program. Any balances in the funds hereby transferred shall not lapse at the end of the fiscal year but shall remain in the OHRV and snowmobile fund.
II. The bureau's grant-in-aid program shall bear the expenses of the following:
(a) A liability insurance policy for the benefit of landowners who allow riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1, to use their property, and
(b) A liability insurance policy for the benefit of landowners who lease their land to the state of New Hampshire for use by riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1.
Source. RSA 265:29-a. 1979, 298:1. 1981, 146:1. 1983, 449:29. 1993, 320:1. 2002, 233:17. 2005, 210:44. 2007, 375:1. 2008, 120:24, eff. Aug. 2, 2008. 2019, 346:313, eff. July 1, 2019.
Section 260:62
Section 260:63
I. Where any road toll or other fees or charges imposed under this subdivision or any fees or charges imposed under the fuel tax agreement authorized by RSA 260:65-b or any fees or charges imposed under the international registration plan authorized in RSA 260:73 are not paid and are due as prescribed by this subdivision or by RSA 260:65-b or authorized in RSA 260:73, the amount including interest, together with the costs that may accrue in addition thereto, shall become a lien in favor of the state of New Hampshire upon all property and rights to property, whether real or personal, including vehicles belonging to any person upon whom said tolls, fees, or charges are imposed, as follows:
(a) The lien shall arise at the time the tolls, fees, or charges are due pursuant to this subdivision or RSA 260:65-b or RSA 260:73 and shall continue until the liability for the sum, together with interest and costs, is satisfied or becomes unenforceable.
(b) The lien shall be valid against any subsequent mortgagee, pledgee, installment loan creditor, purchaser, or judgment creditor when notice of the lien and the sum due has been filed by the road toll administration as provided in this section. In the case of any prior mortgage on real or personal property so written as to secure present debt and also future advances by the mortgagee to the mortgagor, the lien provided for in this section, when notice thereof has been filed in the proper office, shall be subject to such prior mortgage unless the road toll administration also notifies the mortgagee of the recording of such lien in writing, in which case any indebtedness thereafter created from mortgagor to mortgagee shall be junior to the lien provided for in this section.
(c) Notice of the lien shall be provided to the person upon whom the road toll or fees are imposed by certified mail sent to the person's last known residence or principal place of business as shown on the records of the department. The notice shall advise the person of the right to seek an administrative hearing pursuant to RSA 260:44 relative to the imposition of road tolls or fees, or fees and charges under the fuel tax agreement, or fees and charges under the international registration plan, within 14 days of the receipt of the notice. Upon expiration of 14 days if no hearing is requested or after a hearing if a hearing is requested, the commissioner shall issue a decision determining the amount of road tolls or fees, or fees and charges under the fuel tax agreement, or fees and charges under the international registration plan, plus interest and costs due to the state.
II. After rendering a decision the commissioner shall file notice of the lien as follows:
(a) In the case of personal property subject to the lien, the notice shall be filed with the secretary of state;
(b) In the case of real property subject to the lien, notice shall be filed in the registry of deeds for the county wherein such property is situated;
(c) In the case of vehicles subject to the lien, notice shall be recorded on the registration and title records of the department pertaining to said vehicles. In the case of vehicles registered in another state or a Canadian province, a copy of the lien shall also be filed with the motor vehicle administrator in the state or province in which the vehicle is registered. Law enforcement agents of the department, upon encountering such a vehicle being operated on the ways of the state, may temporarily seize such vehicle for sufficient time to permit the department to institute appropriate civil action for the forfeiture and sale of said vehicle.
III. If the amount determined by the commissioner is not paid within 30 days or the decision of the commissioner is not appealed pursuant to RSA 260:51, the department shall have the authority to seize any real or personal property including vehicles subject to the above lien and to foreclosure upon the lien as provided in RSA 260:65.
IV. The fees payable for filing or recording any notice of lien under paragraph II or any certificate of release of such a lien in the same offices shall be in accordance with RSA 478:17-g.
Source. RSA 265:31. 1979, 358:8, XII. 1981, 146:1. 1994, 22:2. 1996, 292:34, 35. 2001, 102:28, 29. 2005, 106:1, eff. Jan. 1, 2006. 2019, 98:1, eff. June 21, 2019.
Section 260:64
The road toll administrator shall issue and record a certificate of release of the lien if:
I. The commissioner finds that the liability for the amount assessed together with interest and costs, has been satisfied; or
II. There is furnished to the department a bond with surety approved by the commissioner in a penal sum sufficient to equal the sum assessed together with interest and costs, said bond to be conditioned upon the payment of the tolls and fees plus interest and costs determined to be due as herein provided.
Source. RSA 265:32. 1979, 358:8, XII. 1981, 146:1. 1994, 22:2, eff. June 21, 1994.
Section 260:65
Source. RSA 265:33. 1979, 358:8, XII. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:65-a
Source. 1981, 321:32. 1985, 399:3, I, eff. July 1, 1985.
Fuel Tax Agreement
Section 260:65-b
Source. 1983, 281:1. 1990, 190:3. 1996, 292:37, eff. June 10, 1996.
Section 260:65-c
I. Entry into the compact shall be made by a resolution of ratification executed by the commissioner and submitted to the repository for balloting by member jurisdictions, and shall become effective no sooner than 2 complete calendar quarters after approval of the application unless the commissioner and all current members agree to an earlier effective date which shall be stated in the adopting resolution.
II. The commissioner may withdraw from the compact by official written notice to all member jurisdictions, but a withdrawal shall not take place until at least 2 full calendar quarters after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction, and the commissioner shall also notify each licensee of the withdrawal at least one full calendar quarter prior to the withdrawal.
III. [Repealed.]
Source. 1983, 281:1. 1996, 292:38, 41, XI, eff. June 10, 1996.
Section 260:65-d
Section 260:65-e
Source. 2005, 106:2, eff. Jan. 1, 2006.
Taxation of Motor Fuels Consumed by Interstate Buses
Section 260:66
Actions Against Operators
Section 260:67
Source. 1925, 106:1. PL 100:32. 1933, 104:1. 1937, 48:1. RL 116:42. RSA 264:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:68
Source. 1925, 106:1. PL 100:33. 1929, 73:1. 1933, 104:2. 1941, 156:1. RL 116:43. RSA 264:2. 1967, 268:1. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:69
Source. 1925, 106:1. PL 100:34. RL 116:44. RSA 264:3. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:70
Source. 1925, 106:1. PL 100:35. RL 116:45. RSA 264:4. 1981, 146:1, eff. Jan. 1, 1982.
Section 260:70-a
I. Notwithstanding the provisions of RSA 594:10 and RSA 594:14, a summons may be served on the owner or lessee of any truck, tractor, or semi-trailer operated in violation of the size, weight, equipment, or commercial vehicle rules in this title by delivering said summons in hand to any person driving said vehicle. The driving of such vehicle with the express or implied consent of such owner or user shall be deemed equivalent to an appointment by such owner or user of the driver to be his true and lawful agent upon whom may be served such summons in any action against him arising out of a violation of this title.
II. If a corporation or other legal entity, after being duly served with process, fails to appear before a court of competent jurisdiction and to answer to an indictment or complaint brought against it under this title, its default shall be recorded, the charges in the indictment or complaint taken to be true, and judgment rendered accordingly. Upon the rendering of such judgment, the court may issue a warrant of distress to compel payment of the penalty prescribed by law.
Source. 1981, 479:17, eff. Jan. 1, 1982 at 12:01 a.m.
Application and Interpretation
Section 260:71
Source. RSA 262:44. 1965, 274:2. 1981, 146:1, eff. Jan. 1, 1982.
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Laws Applicable on Government Land
Section 260:72
Source. RSA 263:83. 1955, 90:1. 1981, 146:1, eff. Jan. 1, 1982.
International Registration Plan
Section 260:73
Source. 1985, 146:2, eff. July 19, 1985. 2019, 98:2, eff. June 21, 2019.
Section 260:74, 260:75
Section 260:76
Source. 2005, 106:3, eff. Jan. 1, 2006.