New Hampshire: Cell phone laws, legislation
Last updated: December 29, 2011 · Print this report · Comment
Cell phone, texting news: No legislation seeking a ban on drivers’ use of handheld cell phones was approved during the 2011 General Court session.
The House and Senate voted to liberalize the current ban on driver viewing of video screens, to allow use of dashboard screens that have navigation, traffic and other vehicle-related information.
New Hampshire’s ban on text messaging went into effect Jan. 1, 2010.
Current prohibitions:
- Text messaging outlawed for all drivers. Fine $100.
- No limits on cell phone use.
- Viewing of TV broadcast signals prohibited while driving.
Read the laws: Texting and driving | TV viewing
2011 distracted driving legislation:
HB 397: Seeks to contemporize current ban on drivers viewing TV signals with added prohibition of watching “dynamic visual images.” Long list of exceptions such as screen viewing related to operation of vehicle and navigation. Approved by the House on March 15 and then by the Senate on April 27. (Packard)
House Bill 546: Would prohibit use of handheld cell phones by drivers. Primary enforcement. Police would be allowed to examine cell phones to determine if a violation occurred. Fine: $100. Set aside by the Transportation Committee on March 17. (Pantelakos)
Distracted driving notes:
State Rep. Laura Pantelakos has filed HB 546, which seeks to ban handheld cell phone use while driving in New Hampshire. Pantelakos, D-Rockingham, previously tried and failed to get New Hampshire lawmakers to outlaw the handheld cell phones (below).
Rep. David Welch, R-Kingston, a sponsor of HB 546, expects removal of the provision that allows police to examine cell phones as it “appears that would be very questionable as to constitutionality.”
New Hampshire transportation officials say distracted driving and tailgating account for as much as a third of non-fatal vehicle crashes so far in 2010. As of early November, the state already has topped the number of roadway fatalities compared with 2009. Officials blame the 23 percent increase in fatalities on distracted driving. “We are sliding backward instead of forward,” said Peter Thomson, coordinator for the New Hampshire Highway Safety Agency. “We do have some problems with distracted driving.”
2010 legislation:
HB 34: Prohibits text messaging and any other use of two hands for typing on an electronic device. Fine $100. Approved in the New Hampshire House and Senate. Signed into law by Gov. John Lynch on July 31 and went into effect Jan. 1, 2010.
HB 294: Would have prohibited text messaging while driving and use of two hands for typing on an electronic device. (Retained in committee as HB 34 advanced.)
Legislation notes:
“It is clear that texting while driving poses a serious danger on our roadways,” Gov. John Lynch said as he approved the anti-texting legislation House Bill 34. “This new law sends a strong message that drivers should be attentive to the road, and those around them at all times.”
The new texting law reads specifically: “A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation.” That offense brings a fine of $100.
Rep. Richard Drisko, R-Hollis, saw the amended version of his HB 34 approved by the House on March 24, 2009, on a 222-137 vote. The bill advanced to the Senate, where it was approved by the Transportation Committee in a 5-0 vote on May 14 and then by the full New Hampshire Senate on May 20. The governor signed the bill in late July and it went into effect as 2010 began.
Rep. David Campbell, D-Hillsborough, is the sponsor of HB 294.
HB 1222 sought to prohibit text messaging while driving. It was introduced in the 2008 session, passed in the House and was last seen in the Senate’s Transportation committee.
State Rep. Laura Pantelakos’ 2007 bill seeking to ban use of cell phones without hands-free devices was shelved.
Regarding the state’s Live Free or Die ethic, Pantelakos said: “I can live free, too, and die because someone’s not paying attention,” she said of her cell safety legislation. “I don’t want to see someone killed because a driver was not paying attention.”
Many police cars in New Hampshire are outfitted with voice-activated control systems, freeing up officers’ hands.
Its not surprising NH would be passing this law. The state’s motto has got to be the most fraudulent of all state mottos. In truth NH police are breathing down people’s necks more than any other state. Pulled over 9 times in 2 weeks in NH for headlight out, not once in Mass, even though I drove far more there during those 2 weeks. Soon as you cross the line on 93 you see the blue lights flashing like crazy along the breakdown lane. Even though NH has scratched kicked and clawed its way over other states to mantain its 1st in the state primary status, an NH trooper wanted to arrest me for holding a sign in a non designated area. Only in NH would this happen. Its not the police fault. In order for every police dept in the state to be doing its best SS impersonation, it has to come from the top at the state house, another violation of a staple of true live free or die beliefs (decentralizationof power).
Now the statists of NH have a new Orwellian tool at their disposal, police having NEW reason to look into every motorist’s car to see what they are doing with their hands. (Hopefully, they will see more than they bargained for and stop the practice!!!!!) But seriously, how do they prove the violation? I mean can you really prove what someone was doing behind the wheel other than judging the movement of the vehicle? This is soooo big bro. Who wants cops staring into their car under the guise of safety? Does such an encroaching police state really make us “safer”? Safety is the buzz word for give gov more power. It likely will require more evidence to hold up, such as “give me that device, I wanna check the text log to see it u just sent a text”. If refused, it may require contacting the cell provider, more data mining Bushie boy luvs, only at the locoal level. More gov at all levels. How wonderful. From Patriot act to local driving safety, does anyone really believe safety as opposed to control is the real agenda???????
So since the law states a person driving cannot use two hands to text, does this mean I can use my on screen key board and text with 1 hand. Or text using my nose????
The Current Texting Law is good but it needs to have more limits. For Example.If you wanna text pull over to the side of the road in a safe area.
Rob, you have to understand that rural area cops are completely different from metro area cops.
New Hampshire is a very rural area. Crime-wise, cops aren’t off their wits trying to make time to handle excessive amounts of calls. Cops in New Hampshire are more likely to focus on things like the lights on your car and pull you over, because other than house parties, there’s not much else to focus on.
Meanwhile, in New York, Boston, or Philadelphia, cops are more-likely to turn their head to things such as a broken headlight, because they’re more preoccupied with other issues.
Also, understand that New Hampshire cops – even troopers – are A LOT friendlier than cops from other states. We were driving along I90 in New York, and a cop acted as if he was about to pull a gun out on my 50 year old 5’2 RNA mother for speeding (who is so used to the decency she receives from NH police). So while they are more likely to pull you over for tiny things, you should take note that they’re pretty understanding with a lot of things.
A month with a broken headlight is kind of ridiculous anyway.
I don’t see how they can ban cell phone use for answering the cell while driving. Our local and state police do it all the time, texting I can agree with . I would rather see people using hands free even tho that can be distracting at times in heavy traffic..
A $100 fine for texting while driving is not enough. The fine should be at least $500. Too many mothers with children in their car are texting and reading messages while driving. If they don’t care about themselves, they should think about how they are endangering the lives of their children as well as other children.