HOUSE BILL 1778-FN-A-LOCAL STATE OF NEW HAMPSHIRE Right to travel!

HB 1778-FN-A-LOCAL - AS INTRODUCED

2018 SESSION

18-2144

03/10

HOUSE BILL 1778-FN-A-LOCAL

AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses.

SPONSORS: Rep. Marple, Merr. 24; Rep. Itse, Rock. 10; Rep. Comeau, Carr. 5

COMMITTEE: Transportation

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ANALYSIS

This bill restates the "right to travel" and requires the department of safety to provide at no cost to all noncommercial automobile and noncommercial conveyance owners a decal and identification card that states the holder is exempt from registering his or her private conveyance under the Uniform Commercial Code exemption for consumer goods and household goods.

This bill also repeals requirements for certain drivers to aquire noncommercial drivers' licenses.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2144

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses.

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

1  Statement of Purpose.  The general court finds that the authority of the department of safety is limited to only the commercial users of the public ways and that the corporate state employees have, by their silence, failed to fully inform the sovereign people of this state that an automobile has been confirmed by Chief Justice Grimes, in 108 N.H. 386, to be "private property" defined by current RSA 382-A:9-109, as "household goods" and "consumer goods" not for commercial use or for profit or gain.  Further, the courts have found that corporate public servants who ignore their accountability as mandated in Article 8, N.H. Bill of Rights have by their silence and failure to fully inform the sovereign people of the consequences arising from the corporate "offer to contract," is deemed silent deception and inducement by fraud.

2  Right to Travel.  RSA 261:40 is repealed and reenacted to read as follows:

261:40  Right to Travel.  

I.  For the purposes of this section:

(a)  "Automobile" and "motorcycle" means any self-propelled conveyance used for noncommercial travel upon the public ways.

(b)  "Motor vehicle" means any self-propelled conveyance designed and used upon the public ways for profit or gain in business or commerce.

(c)  "Household goods" or "consumer goods" has the same meaning as the Uniform Commercial Code found at RSA 382-A:9-102 and shall include an automobile.  Automobiles and all noncommercial conveyances shall be exempt from the license and registration required of commercial motor vehicles.

(d)  "Operator" or "driver" means one who controls the movement of a conveyance upon the public way for commercial or business purposes.

(e)  "Traveler" means one who controls the automobile or other noncommercial conveyance.

(f)  "Common law" means the sole remedy for any controversy arising from or by the public use of household goods or consumer goods such as an automobile or other noncommercial conveyance.

II.  The department of safety shall provide, at no cost, every noncommercial automobile owner or owner of an other noncommercial conveyance with an appropriate decal imprinted with the words "RSA 382-A:9-109 Exempt."  The division of motor vehicles shall also issue all noncommercial traveler a photo identification card at no cost with the words "RSA 382-A:9-109 Exempt" printed on such identification card.  This identification card is not a contract or a license or instrument that would require compelled performance by the holder and shall provide every law enforcement agency with notice of the holder's exemption from the statutes that are required for the commercial use of the public way for profit or gain.

III.  The automobile and all noncommercial conveyances are exempt from registration and taxation and the owner of such automobile or noncommercial conveyance are exempt from the requirement of a license that is necessary for commercial use of the public ways.  The owner of the automobile shall be considered to be exercising the common unalienable "Right to Travel on the public right-of-way in the ordinary and lawful pursuit of life, liberty, and the pursuit of happiness."

3  Vanity Plate Fees.  Amend RSA 263:52, I to read as follows:

I.  The proceeds from [original license fees as provided in RSA 263:42 and] the vanity plate service fee collected in accordance with RSA 261:89, plus the fee for the renewal of the use of such plates, after any refunding authorized by law and costs of such plates or designation of effective periods thereof and issuance of same have been appropriated and deducted, shall be expended for course materials, licensing of schools, and certification of instructors in connection with safe motor vehicle driving conducted in or under the supervision of secondary schools.  Such balance shall be kept in a separate fund.  The commissioner of safety shall adopt, pursuant to RSA 541-A, and publish, rules governing the courses of instruction and training.

4  Original and Youth Operators Commercial Licenses; Cross Reference Removed.  Amend RSA 263:14, III(a) to read as follows:

(a)  The director is authorized to revoke or suspend any original commercial license held by a person under 20 years of age after a hearing upon a showing by its records or other sufficient evidence that the driver has committed an offense, excluding the offenses of [RSA 261:40,] RSA 261:59[,] and RSA 266:5, following the issuance of an original commercial license for which the original commercial license holder has been convicted.

5  Drivers' Licenses; Rules.  Amend RSA 21-P:14, IV to read as follows:

IV.  The commissioner of safety shall adopt rules, under RSA 541-A [and RSA 260:5], relative to licensing commercial drivers as follows:

(a)  [Procedures for and information required on driver's license applications, including all necessary forms, as authorized by RSA 263:5.

(b)  Driver's license examination and reexamination requirements, as authorized by RSA 263:6 and 263:7.]

[(c)]  Restricted commercial licenses, as authorized by RSA 263:13.

[(d)] (b)  Conditions and requirements for a commercial driver's license, as authorized by RSA 263:14-263:33-b.

[(e)] (c)  Intrastate commercial licenses for nonresidents, as authorized by RSA 263:39-a.

[(f)] (d)  Access to information regarding anatomical gifts, as authorized by RSA 263:41.

[(g)  Collection of drivers' license fees, as authorized by RSA 263:42.]

[(h)] (e)  Petitions for refund of fees, as authorized by RSA 263:43.

[(i)] (f)  Application and requirements for issuance of commercial motor vehicle drivers' school licenses, as authorized by RSA 263:44-47 and 263:49-51.

[(j)] (g) Suspension or revocation of a commercial driver's license or driving privilege, as authorized by RSA 263:53 through RSA 263:65, RSA 263:73, RSA 265-A:26, and RSA 265-A:29.

[(k)] (h) Appeals of commercial driver's license denial, suspension, or revocation, as authorized by RSA 263:75, RSA 265-A:34, and RSA 263:76.

[(l)] (i)  Application for and issuance of a commercial vanpooler's permit, as authorized by RSA 376:2, XII.

[(m)] (j)  Commercial driver license requirements, as authorized by RSA 263:98.

[(n)  Temporary driver's licenses, including procedures for the issuance, revocation, form, and other related matters, as authorized by RSA 263:5-a.]

[(o)] (k)  Format, content and procedures for the display of the notice required under RSA 260:10-a, II.

[(p)] (l)  Criteria for waiver of the default fee required under RSA 263:56-a, I-a.

[(q)] (m) Approval of driver attitude programs and fee as provided in RSA 263:56-e.

[(r)] (n) Administrative suspension of motor vehicle commercial licenses pursuant to RSA 265:91-b and RSA 265:91-c and RSA 265-A:30 through RSA 265-A:32, including notices, forms, temporary driving permits, hearing procedures, and procedures for restoration after the suspension period.

[(s)] (o) Establishment of administrative procedures to aid in the collection of protested checks relating to commercial drivers' licenses, vehicle registrations, titles, permits or fees, including provisions for suspension of commercial license, registration, title, or permit.

[(t)] (p) Procedures for conducting the problem commercial driver pointer system search, including forms and procedures to be used in conducting a problem commercial driver pointer search as initiated by an employer.

6  Commercial License Expiration.  Amend RSA 263:10 to read as follows:

263:10  Commercial License Expiration.

I.  [Except as provided in RSA 263:5-f, I, RSA 263:14, and RSA 263:39-a, III, all] All commercial licenses shall expire on the fifth anniversary of the commercial license holder's date of birth following the date of issuance.  The department shall notify each holder of a commercial license by mail addressed to the holder's last known address, or, if the commercial license holder has so elected, by electronic, telephonic, or other means, 30 days prior to the expiration date thereof of a place and time when he or she shall appear for the issuance of a new commercial license and any availability of electronic commercial license renewal.

II.  Notwithstanding paragraph I, the director may adopt rules pursuant to RSA 541-A providing for the renewal of [driver] commercial licenses by applicants on-line rather than by appearing in person; provided that the applicant is otherwise eligible for commercial license renewal, [is not required to submit to a road test under the provisions of RSA 263:7,] has submitted proof sufficient to the director that he or she meets the visual acuity requirements for commercial licensing, and has a computerized image on file with the division.  A commercial license may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a commercial licensing facility.

7  Selective Service Registration.  Amend RSA 187-A:39 to read as follows:

187-A:39  Application.

[I.]  No person who is not in compliance with the Military Selective Service Act as provided in 50 U.S.C. app. section 451 et seq. shall:

[(a)] I.  Be permitted to enroll in a state-supported institution of postsecondary or higher education.

[(b)] II.  Be eligible to receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education supported by state revenue, including federal funds, gifts, or grants accepted by the state, or to receive a student loan guaranteed by the state.

[(c)] III.  Having attained the age of 18 years, be eligible for employment by or service to the state or any political subdivision of the state, including all state boards, commissions, departments, agencies, and institutions.

[II.  A person who has authorized the department of safety to submit information to the Selective Service System pursuant to RSA 263:5-c shall be considered to be in compliance with the Selective Service Act for purposes of this section.]

8  License Required.  Amend RSA 263:1, I to read as follows:

I.  No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state for commercial purposes unless such person has a valid driver's license, as required under the provisions of this chapter, for the class or type of vehicle being driven.

9  Possession of License.  Amend RSA 263:2 to read as follows:

263:2  Possession of License Required.  Every person driving a motor vehicle for commercial purposes shall have his or her driver's license upon his or her person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof.  No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he or she produces in the office of the arresting officer evidence that he or she held a valid driver's license which was in effect at the time of his or her arrest.

10  Repeal.  The following are repealed:

I.  RSA 263:1-a, relative to allowing an unlicensed driver to drive a car.

II.  RSA 263:1-b, relative to offenses committed by an unlicensed driver.

III.  RSA 263:1-c, relative to the effect of a drivers' license.

IV.  RSA 263:1-d, relative to enhanced drivers' licenses and identification cards.

V.  RSA 263:4, relative to limiting a driver to one license.

VI.  RSA 263:5, relative to an application for a driver's license.

VII.  RSA 263:5-a, relative to an application by a new resident.

VIII.  RSA 263:5-b, relative to drivers' licenses for members of the armed forces.

IX.  RSA 263:5-c, relative to compliance with federal selective service requirements.

X.  RSA 263:5-d, relative to acceptable forms of identification in order to receive a drivers' license.

XI.  RSA 263:5-e, relative to proof of residence in order to receive a drivers' license.

XII.  RSA 263:5-f, relative to application for a driver's license by residents without a permanent street address.

XIII.  RSA 263:6, relative to requiring the completion of an examination in order to receive a driver's license.

XIV.  RSA 263:6-a, relative to informing first-time applicants of the DWI and controlled drug laws.

XV.  RSA 263:6-b, relative to the medical/vision advisory board.

XVI.  RSA 263:6-c, relative to blind pedestrian information and examination.

XVII.  RSA 263:6-d, relative to reporting medically unfit persons.

XVIII.  RSA 263:7, relative to reexamination for a driver's license.

XIX.  RSA 261:52-a, relative to notice that interest and dividends tax may be due.

XX.  RSA 263:42, I, relative to fees for drivers' licenses.

XXI.  RSA 261:59-a, relative to proof of valid registration.

11  Effective Date.  This act shall take effect 60 days after its passage.

LBAO

18-2144

11/30/17

 http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2018&id=1157&txtFormat=html