§ 261:177 — Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers

New Hampshire § 261:177

• Jurisdiction: New Hampshire
• Title XXI: MOTOR VEHICLES
• Ch. 261: CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES
• Subdivision: Registration Penalties and Offenses

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I. Upon any evidence of misuse of registration or any violation of the provisions of this chapter or any rules authorized by law the director may:
(a) After a hearing and upon a finding that a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has violated any provision of this chapter or rules adopted pursuant to this chapter, suspend or revoke the dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges for an appropriate period of time considering the severity of the offense, the number of offenses committed, and whether the dealer, utility dealer, automotive recycling dealer, transporter, or repairer committed prior offenses. If the license is revoked and the director determines after a hearing that an owner, partner, or officer of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of any provision of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer laws or rules, the director may prohibit an owner, partner, or officer from opening any other dealership for a period of time not to exceed 5 years; or
(b) Impose an administrative fine upon any dealer, utility dealer, automotive recycling dealer, transporter, or repairer. The maximum amounts of the fines which may be assessed shall be as follows:
(1) For the first violation, $250.
(2) For the second violation, $500.
(3) For the third violation, $750.
(4) For the fourth violation, $1,000.
(5) For 5 or more violations, $2,000.
(c) No fine, or suspension or revocation of a dealer's, utility dealer's, automotive recycling dealer's, transporter's, or repairer's registration, license, or privileges shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed or the suspension or revocation of registration, license, or privileges imposed.
II. Whenever a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has a license or plates or license and plates revoked or suspended for a period of greater than 15 days, a fee of $50 shall be paid for the restoration of such license or plates or license and plates.
III. Upon a finding by the director that any dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of an order of the commissioner issued pursuant to this section, the director may impose an administrative fine of up to $1,000 for each day that the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of the order.
IV. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who violates any of the provisions of this chapter or fails to comply with any order of the director pursuant to this chapter shall be guilty of a violation.
V. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who knowingly makes a false or misleading statement in any application or form required by the director pursuant to this chapter, with the purpose of obtaining any registration, license, or privilege, shall be guilty of a misdemeanor.
VI. Any person who violates RSA 261:103-b shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

Legislative History

RSA 260:82, 90. 1957, 316:1. 1969, 463:5. 1981, 146:1. 1992, 282:3. 1994, 350:6. 1997, 179:20. 1998, 202:8, 9. 2003, 298:2. 2008, 282:3. 2010, 33:1, eff. Jan. 1, 2011. 2014, 278:6, eff. Sept. 26, 2014.