Section 263:93-a Disqualification and Out-of-Service Orders. - New Hampshire Statutes

   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.
   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 may be suspended for 180 days for a first offense, or for 3 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.

Source. 1996, 255:3, eff. Aug. 9, 1996. 2007, 206:1, eff. Jan. 1, 2008.