TITLE XXI
MOTOR VEHICLES

CHAPTER 265
RULES OF THE ROAD

Serious Traffic Offenses

Section 265:79-c

    265:79-c Use of Mobile Electronic Devices While Driving; Prohibition. –
I. (a) No person, while driving a moving motor vehicle upon a way or temporarily halted in traffic for a traffic control device or other momentary delay, shall use any hand-held mobile electronic device capable of providing voice or data communication, including but not limited to: reading, composing, viewing, or posting any electronic message; or initiating, receiving, or conducting a conversation; or initiating a command or request to access the Internet; or inputting information into a global positioning system or navigation device; or manually typing data into any other portable electronic device. An operator of a motor vehicle who holds a cellular telephone or other electronic device capable of voice communication in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section.
(b) "Driving," for the purposes of this section, shall not include when a person is behind the controls of a vehicle that has pulled to the side of or off the road at a location where it is legal to do so and where the vehicle remains stationary.
II. It shall not be an offense under this section for any person driving a motor vehicle upon a way:
(a) To make use of a cellular telephone or other electronic device capable of voice communication to report an emergency to the enhanced 911 system or directly to a law enforcement agency, fire department, or emergency medical provider.
(b) To use one hand to transmit or receive messages on any non-cellular 2-way radio.
(c) To use a Bluetooth enabled or other hands-free electronic device, or a similar device that is physically or electronically integrated into a motor vehicle, for such a purpose to send or receive information provided the driver does not have to divert his or her attention from the road ahead. As used in this section, "hands-free electronic device" means a mobile electronic device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile electronic device, by which a user engages in conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand merely to activate, deactivate, or initiate a function of the telephone.
(d) To perform any action required by an ignition interlock device.

[Paragraph III effective until January 1, 2027; see also paragraph III set out below.]


III. Any person who violates this section shall be guilty of a violation and shall be fined $100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense, and $500 plus penalty assessment for any subsequent offense within a 24-month period.

[Paragraph III effective January 1, 2027; see also paragraph III set out above.]


III. Any person who violates this section shall be guilty of a violation and shall be subject to the following fines and penalties:
(a) For a first offense, a fine of $250. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $500.
(b) For a second offense within 24 months of the first offense, a fine of $500. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $750.
(c) For a third or subsequent offense within 24 months of the first offense, a fine of $750 and license suspension of up to 30 days. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $1,000 and the suspension shall be 60 days.
IV. No person less than 18 years of age shall use a cellular or mobile telephone or other mobile electronic device, whether hands-free or not, while driving a motor vehicle in motion or temporarily stopped in traffic upon any way, except to report an emergency to the enhanced 911 system or any public safety agency. A person violating this paragraph shall be subject to the fines in paragraph III and license suspension or revocation under RSA 263:14, III.
V. Nothing in this section shall prohibit a driver, regardless of age, from receiving aural routing information from a hands-free global positioning device or navigation service through a mobile electronic device; or receiving turn-by-turn routing information from the screen of a global positioning device or navigation service through a mobile electronic device that is integrated into the vehicle or mounted on the dashboard, windshield, or visor of the vehicle.

Source. 2014, 256:1, eff. July 1, 2015. 2016, 154:1, eff. May 27, 2016; 168:2, eff. June 3, 2016. 2026, 114:1, eff. Jan. 1, 2027.