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New Hampshire Revised Statutes 263:93-a - Disqualification And Out-Of-Service Orders

New Hampshire Revised Statutes > Title XXI > Chapter 263 > § 263:93-a - Disqualification And Out-Of-Service Orders

^{Current as of: 2009}

^{Check for updates}

[Paragraph I effective until January 1, 2011; see also paragraph I set out below.]

I. Notwithstanding any law to the contrary, any person who knowingly drives a commercial motor vehicle that is subject to an out-of-service order shall be guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for any subsequent offense within a 10-year period, and the person's commercial driver license or privilege to drive may be suspended for 90 days for a first offense, for one year for a second offense within a 10-year period, or for 3 years for a third or subsequent offense within a 10-year period.

[Paragraph I effective January 1, 2011; see also paragraph I set out above.]

I. Notwithstanding any law to the contrary, any person who knowingly drives a commercial motor vehicle that is subject to an out-of-service order shall be guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for any subsequent offense within a 10-year period, and the person's commercial driver license or privilege to drive shall be suspended for not less than 180 days nor more than one year for a first offense, for not less than 2 years nor more than 5 years for a second offense within a 10-year period, or for not less than 3 years nor more than 5 years for a third or subsequent offense within a 10-year period.

[Paragraph II effective until January 1, 2011; see also paragraph II set out below.]

[Paragraph II effective January 1, 2011; see also paragraph II set out above.]

    II. Any person who knowingly transports hazardous materials in a commercial motor vehicle that is subject to an out-of-service order or who operates a commercial motor vehicle designed or used to transport 15 or more passengers, including the driver, while such vehicle is subject to an out-of-service order shall be guilty of a misdemeanor and the person's commercial driver license or privilege to drive shall be suspended for not less than 180 days nor more than 2 years for a first offense, or for not less than 3 years nor more than 5 years for a second or subsequent offense within a 10-year period.
    III. Any person who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order shall be:
       (a) If a natural person, guilty of a class B misdemeanor for a first offense, or a class A misdemeanor for a second or subsequent offense within a 10-year period.
       (b) If any other person, guilty of a class A misdemeanor.
    IV. If a driver or employer is defaulted for failing to appear in court after being charged under paragraphs I-III, the court shall enter a guilty finding.