New Hampshire Revised Statutes 263:14 – Original and Youth Operators’ Licenses
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I. The director, upon receiving proper application for an original driver‘s license, may in the director’s discretion issue a license designated as an original, with such designation to be effective until the fifth anniversary of the license holder’s date of birth following the date of issuance to allow such applicant to gain proper driving habits, attitudes, and experience.
II. (a) The director shall issue a youth operator’s license to applicants who are 16 years of age or older and under 21 years of age. The youth operator license shall expire on the 21st anniversary of the applicant’s date of birth. In addition to any other requirements established by law, no such license shall be issued to applicants under 18 years of age unless the applicant meets the requirements of N.H. Rev. Stat. § 263:17 or furnishes written consent from the applicant’s parent or legal guardian and a certificate of successful completion of a driver education course as provided in N.H. Rev. Stat. § 263:19.
(b) The holder of a youth operator’s license shall not operate a motor vehicle between the hours of 1:00 a.m. and 4:00 a.m., nor shall such holder operate a motor vehicle when the number of occupants exceeds the number of safety restraints in the vehicle.
(c) During the first 6 months after issuance of the license, the holder of a youth operator’s license shall not operate a motor vehicle with more than one passenger less than 25 years of age who is not a member of the holder’s family unless accompanied by a licensed responsible adult who is at least 25 years of age.
(d) Violation of N.H. Rev. Stat. § 263:14, II, (b) or (c) shall subject the violator to a fine not to exceed $100 and a license suspension not to exceed 30 days. Subsequent violations shall subject the violator to a fine of not more than $200 and a license suspension of up to 90 days.
(e) This paragraph shall not apply to drivers licensed under N.H. Rev. Stat. § 263:21.
(f) The restrictions set forth in N.H. Rev. Stat. § 263:14, II(b), (c), and (d) shall not apply to drivers who are over 18 years of age.
(g) [Repealed.]
III. (a) The director is authorized to revoke or suspend any original 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 N.H. Rev. Stat. § 261:40, N.H. Rev. Stat. § 261:59, and N.H. Rev. Stat. § 266:5, following the issuance of an original license for which the original license holder has been convicted.
(b) The periods of suspension or revocation set forth in subparagraph III(a) of this section shall be as follows:
(1) For a first offense 20 days.
(2) For a second offense 45 days.
(3) For a third or subsequent offense 90 days.
(c) A suspension or revocation imposed under this section shall not run concurrently with any other penalty imposed under the provisions of title XXI.
(d) The director, after hearing, may suspend or revoke an original license or any license held by a person under 20 years of age for good cause upon receipt of proper evidence or information of misconduct, misuse, or abuse of such driving privileges. Circumstances constituting misuse, abuse, or misconduct of driving privileges shall include driving behavior which poses an immediate hazard to the operator or to the safety or property of others on or near the roadway, or, when considered with other driving offenses, which demonstrates a repeated disregard for public safety.
(e) Notwithstanding N.H. Rev. Stat. § 605:6 or any provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of an original license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea.
(f) The director, after a hearing, may suspend or revoke a youth operator’s license upon receipt of proper evidence or information that the holder was involved in an accident resulting in death or serious bodily injury while the youth operator was operating a motor vehicle in violation of any prohibition or restriction in this section. A suspension under this subparagraph may be in effect for up to 12 months while the appropriate law enforcement agency is investigating the accident.
IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of N.H. Rev. Stat. § 265:107-a, I-a.
V. In addition to the other requirements of this section, the holder of a youth operator’s license who is convicted of an offense under N.H. Rev. Stat. Chapter 265-A shall not be eligible for reissuance of a license prior to the age of 21 unless the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety.
II. (a) The director shall issue a youth operator’s license to applicants who are 16 years of age or older and under 21 years of age. The youth operator license shall expire on the 21st anniversary of the applicant’s date of birth. In addition to any other requirements established by law, no such license shall be issued to applicants under 18 years of age unless the applicant meets the requirements of N.H. Rev. Stat. § 263:17 or furnishes written consent from the applicant’s parent or legal guardian and a certificate of successful completion of a driver education course as provided in N.H. Rev. Stat. § 263:19.
Terms Used In New Hampshire Revised Statutes 263:14
- Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
- Certificate: shall mean :
I. See New Hampshire Revised Statutes 259:9 - Conviction: shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation. See New Hampshire Revised Statutes 259:14
- Conviction: A judgement of guilt against a criminal defendant.
- Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
- roadway: means that portion of a way improved, designed, or ordinarily used for vehicular travel, including the berm or shoulder where such berm or shoulder is used by persons riding bicycles or other human powered vehicles. See New Hampshire Revised Statutes 259:75-b
- Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(b) The holder of a youth operator’s license shall not operate a motor vehicle between the hours of 1:00 a.m. and 4:00 a.m., nor shall such holder operate a motor vehicle when the number of occupants exceeds the number of safety restraints in the vehicle.
(c) During the first 6 months after issuance of the license, the holder of a youth operator’s license shall not operate a motor vehicle with more than one passenger less than 25 years of age who is not a member of the holder’s family unless accompanied by a licensed responsible adult who is at least 25 years of age.
(d) Violation of N.H. Rev. Stat. § 263:14, II, (b) or (c) shall subject the violator to a fine not to exceed $100 and a license suspension not to exceed 30 days. Subsequent violations shall subject the violator to a fine of not more than $200 and a license suspension of up to 90 days.
(e) This paragraph shall not apply to drivers licensed under N.H. Rev. Stat. § 263:21.
(f) The restrictions set forth in N.H. Rev. Stat. § 263:14, II(b), (c), and (d) shall not apply to drivers who are over 18 years of age.
(g) [Repealed.]
III. (a) The director is authorized to revoke or suspend any original 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 N.H. Rev. Stat. § 261:40, N.H. Rev. Stat. § 261:59, and N.H. Rev. Stat. § 266:5, following the issuance of an original license for which the original license holder has been convicted.
(b) The periods of suspension or revocation set forth in subparagraph III(a) of this section shall be as follows:
(1) For a first offense 20 days.
(2) For a second offense 45 days.
(3) For a third or subsequent offense 90 days.
(c) A suspension or revocation imposed under this section shall not run concurrently with any other penalty imposed under the provisions of title XXI.
(d) The director, after hearing, may suspend or revoke an original license or any license held by a person under 20 years of age for good cause upon receipt of proper evidence or information of misconduct, misuse, or abuse of such driving privileges. Circumstances constituting misuse, abuse, or misconduct of driving privileges shall include driving behavior which poses an immediate hazard to the operator or to the safety or property of others on or near the roadway, or, when considered with other driving offenses, which demonstrates a repeated disregard for public safety.
(e) Notwithstanding N.H. Rev. Stat. § 605:6 or any provision of law to the contrary, any conviction for an offense which is used as a basis for suspension or revocation of an original license under this section and which involves a plea of nolo contendere shall be treated in the same manner as a conviction which involves a guilty plea.
(f) The director, after a hearing, may suspend or revoke a youth operator’s license upon receipt of proper evidence or information that the holder was involved in an accident resulting in death or serious bodily injury while the youth operator was operating a motor vehicle in violation of any prohibition or restriction in this section. A suspension under this subparagraph may be in effect for up to 12 months while the appropriate law enforcement agency is investigating the accident.
IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of N.H. Rev. Stat. § 265:107-a, I-a.
V. In addition to the other requirements of this section, the holder of a youth operator’s license who is convicted of an offense under N.H. Rev. Stat. Chapter 265-A shall not be eligible for reissuance of a license prior to the age of 21 unless the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety.