Full Notification

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.
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.
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.
Source. 2014, 256:1, eff. July 1, 2015.