New Hampshire driving laws
The rules your permit test asks about, in plain English. Each one is quoted from New Hampshire’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- No driver may use a hand-held phone or other mobile electronic device while driving, including when stopped at a light.
- Alcohol and drugs (DUI)
- It is illegal to drive impaired or with a blood alcohol concentration of 0.08 or more, or 0.02 or more if you are under 21.
- Seat belts and child seats
- New Hampshire requires seat belts only for people under 18: every passenger under 18 and every driver under 18 must be buckled.
- Speed limits
- Always drive at a reasonable and prudent speed.
Phones and texting
No driver may use a hand-held phone or other mobile electronic device while driving, including when stopped at a light; hands-free use is allowed for drivers 18 and older. Drivers under 18 may not use any phone or device at all, even hands-free, except to report an emergency.
Official wording (5 sources)
“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”
gc.nh.gov“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.”
gc.nh.gov“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.”
gc.nh.gov“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.”
gc.nh.gov“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.”
gc.nh.gov
Alcohol and drugs (DUI)
It is illegal to drive impaired or with a blood alcohol concentration of 0.08 or more, or 0.02 or more if you are under 21. Commercial drivers face CDL penalties at 0.04 and may not drive a commercial vehicle with any alcohol in their system.
Official wording (7 sources)
“While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.”
gc.nh.gov“who drives a commercial vehicle with an alcohol concentration of 0.04 or greater shall in addition to the penalties provided in this chapter be subject to the additional penalties and sanctions provided in RSA 263:94.”
gc.nh.gov“Notwithstanding any other provision of law, a person shall not drive a commercial motor vehicle while having alcohol in his or her system.”
gc.nh.gov“If this is the first refusal with no prior driving or operating while intoxicated or aggravated driving or operating while intoxicated convictions: (1) The director shall suspend his or her license to drive or nonresident driving privilege for a period of 180 days”
gc.nh.gov“The director shall suspend his or her license to drive or nonresident driving privilege for a period of 9 months”
gc.nh.gov“Any person who is convicted of any offense under RSA 265-A:2, I shall be: (1) Guilty of a class B misdemeanor; (2) Fined not less than $500;”
gc.nh.gov“The person's driver's license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence”
gc.nh.gov
Seat belts and child seats
New Hampshire requires seat belts only for people under 18: every passenger under 18 and every driver under 18 must be buckled. Adults 18 and older are not required by law to wear one, though it is strongly recommended.
Official wording (5 sources)
“No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such person is wearing a seat or safety belt which is properly adjusted and fastened.”
gc.nh.gov“No person who is less than 18 years of age shall drive a motor vehicle or autocycle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened.”
gc.nh.gov“while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation”
gc.nh.gov“If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.”
gc.nh.gov“while carrying as a passenger a person less than 2 years of age unless such passenger is properly fastened and secured by a rear facing child restraint system which is in accordance with safety standards.”
gc.nh.gov
Move Over law
When you approach a crash, emergency, roadwork, a police traffic stop, or any stopped vehicle showing hazard lights, flares, cones or warning signs, slow down and, if practical, give it a wide berth. Leave any blocked lane as soon as possible and obey anyone directing traffic.
Official wording (3 sources)
“or a location where a police officer has made a traffic stop, or a stopped or standing vehicle displaying warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs”
gc.nh.gov“Maintain a reduced speed and if practical give a wide berth, without endangering oncoming traffic, to public safety personnel, any persons in the roadway, and vehicles displaying blue, red, or amber emergency, warning lights, or a stopped or standing vehicle.”
gc.nh.gov“Any person violating this section shall be fined $75 plus penalty assessment for a first offense and $250 plus penalty assessment for a subsequent offense in a 12-month period.”
gc.nh.gov
School buses
Traffic in both directions must stop at least 25 feet from a school bus stopped to load or unload children, and stay stopped until the bus moves or its red lights stop flashing. On a divided highway with separate roadways, traffic on the other roadway need not stop.
Official wording (4 sources)
“meeting or overtaking from either direction any school bus, plainly marked with school bus signs or such other distinguishing identification as the director may require, which has stopped on the highway for the purpose of receiving or discharging school children shall stop his or her vehicle before reaching such school bus at least 25 feet away from such school bus.”
gc.nh.gov“The driver shall not proceed until such school bus resumes motion, or until flashing red lights cease to operate.”
gc.nh.gov“The driver of a vehicle upon a divided highway with separate roadways need not stop when meeting or passing a school bus which is traveling in the opposite direction on the other half of the divided highway”
gc.nh.gov“Whenever any way has been divided into 2 or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic”
gc.nh.gov
Speed limits
Always drive at a reasonable and prudent speed. Where no other limit is posted, the limits are 30 mph in business and urban residence districts, 35 mph in rural residence districts, 45 mph on unimproved rural highways, 55 mph elsewhere, and 65 mph on the interstate and turnpikes (70 mph on part of I-93).
Official wording (5 sources)
“In a posted school zone, at a speed of 10 miles per hour below the usual posted limit from 45 minutes prior to each school opening until each school opening and from each school closing until 45 minutes after each school closing.”
gc.nh.gov“30 miles per hour in any business or urban residence district as defined in RSA 259:118; (c) 35 miles per hour in any rural residence district as defined in RSA 259:93”
gc.nh.gov“45 miles per hour in any unimproved rural highway as defined in RSA 259:116-a. (e) 55 miles per hour in other locations, except as provided in (f);”
gc.nh.gov“65 miles an hour on the interstate system, the central New Hampshire turnpike and the eastern New Hampshire turnpike in locations where said highways are 4-lane divided highways or other divided highways of 4 or more lanes”
gc.nh.gov“except that the speed limit on the portion of I-93 from mile marker 45 to the Vermont border shall be 70 miles per hour.”
gc.nh.gov
After a crash
After any crash causing injury, death or property damage, stop and exchange information. Within 15 days, send a written report to the Division of Motor Vehicles if anyone was hurt or killed or property damage is over $1,000, unless a police officer investigated the crash.
Official wording (3 sources)
“shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address”
gc.nh.gov“shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000”
gc.nh.gov“unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section”
gc.nh.gov
Insurance
New Hampshire does not require most drivers to buy auto insurance. But if you cause a crash without it, or are ordered to prove financial responsibility, you must show you can cover at least 25/50/25, or lose your license and registration.
Official wording (3 sources)
“$25,000 because of bodily injury or death to any one person; and subject to said limit respecting one person, in the amount of $50,000 because of bodily injury to or death to 2 or more persons in any one accident, and in the amount of $25,000 because of injury to and destruction of property”
gc.nh.gov“shall suspend his license, if any, or driving privilege until such driver or owner or both shall have furnished sufficient security to satisfy any judgment or judgments for damages resulting from such accident”
gc.nh.gov“To such owner or driver if such owner had in effect at the time of such accident with respect to such vehicle a motor vehicle liability policy or motor vehicle liability bond, as herein defined;”
gc.nh.gov
Motorcycle helmets
Riders and passengers under 18 must wear an approved helmet with a neck or chin strap; riders 18 and older are not required to. A rider whose motorcycle has no windshield must wear eyeglasses, goggles or a face shield.
Official wording (3 sources)
“No person less than 18 years of age may drive or ride upon a motorcycle or autocycle unless he or she wears protective headgear of a type approved by the director. Such headgear shall be equipped with either a neck or chin strap.”
gc.nh.gov“Any motorcycle or autocycle operator who transports a person under the age of 18 years, when such person is in violation of paragraph I, shall be guilty of a violation.”
gc.nh.gov“If a motorcycle is not equipped with a windshield or screen which protects the driver's eyes and face when the driver is sitting erect, the driver shall wear either eyeglasses, goggles or a protective face shield when driving the motorcycle while the motorcycle is in motion.”
gc.nh.gov
Motorcycle permit rules
A motorcycle learner's permit is available at 18, or at 16 or 17 with completed driver education and a valid New Hampshire driver's license. It lasts 45 days, can be renewed once for 45 more, and allows riding only between sunrise and sunset with no passengers.
Official wording (8 sources)
“the department shall issue a motorcycle learner's permit to a person 18 years of age or older or a person who is 16 years of age or older and under 18 years of age who has successfully completed an approved driver education course and has a valid New Hampshire driver's license.”
gc.nh.gov“A motorcycle learner's permit shall permit the holder of such a permit to drive a motorcycle on any way after sunrise and before sunset. The holder of a motorcycle learner's permit shall not carry any passengers when he drives on any way.”
gc.nh.gov“The permit shall be valid for 45 days from the date of issuance, expiration of the renewal period, or until the holder of the permit obtains a special license to drive motorcycles, whichever is sooner.”
gc.nh.gov“Upon application, the department shall issue a one-time renewal of a motorcycle learner's permit which shall be valid for an additional 45 days from the date of issuance.”
gc.nh.gov“Such proof of fitness shall include either passage of a written basic motorcycle knowledge test approved by the commissioner and the motorcycle rider education program advisory committee or successful completion of the motorcycle rider education program under RSA 263:34-b”
gc.nh.gov“No person may take the motorcycle driver examination more than twice; any person who fails to pass the examination twice shall be required to successfully complete the motorcycle rider education program under RSA 263:34-b.”
gc.nh.gov“Any person who wishes to obtain a motorcycle endorsement shall not be required to complete the 40 hours of practice driving time specified in paragraph II, but shall successfully complete a program authorized pursuant to RSA 263:34-b”
gc.nh.gov“The director may waive the requirement for such a driving examination upon receipt of adequate evidence of experience in driving a motorcycle by an applicant under such rules as the director may deem necessary, or proof that the applicant has successfully completed a state-approved motorcycle rider education course.”
gc.nh.gov
Lane splitting
Lane splitting and filtering are illegal in New Hampshire. You may not ride between lanes of traffic or between rows of vehicles, or pass a vehicle in the same lane. Two motorcycles may ride side by side in one lane.
Official wording (3 sources)
“No person shall drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles.”
gc.nh.gov“The driver of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
gc.nh.gov“All motorcycles are entitled to the full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane; provided, however, that 2 motorcycles may ride abreast in a single lane.”
gc.nh.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with New Hampshire Department of Safety, Division of Motor Vehicles.