§ 265:107-a — Child Passenger Restraints Required

I. 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. Except as provided in paragraph II, no person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless the motor vehicle was designed for and equipped with child passenger restraints in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.
I-a. 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.
I-b. No person shall drive a motor vehicle on any way 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 in 49 C.F.R. section 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply. Each child restraint system shall be used in accordance with its manufacturer instructions, including manufacturer height and weight limits, proper attachment to the vehicle, correct securement of the child, and expiry dates.
I-c. No person shall drive a motor vehicle on any way 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.
II. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is regularly used to transport passengers for hire, is a school bus weighing more than 10,000 pounds or is a school bus weighing less than 10,000 pounds that was manufactured without safety belts, or there is an individualized education program statement contraindicating the use of restraints, is a vehicle manufactured before 1968, is a motorcycle as defined in RSA 259:63, is an antique motor vehicle, farm tractor, or motorcycle as defined in RSA 259:4, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour.
III. Any driver who violates the provisions of this section shall be guilty of a violation, and shall be subject to the following fines:
(a) $50 for a first offense.
(b) $100 for a second or subsequent offense.
IV. A violation of this section shall not be used as evidence of contributory negligence in any civil action.
V. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.
VI. [Repealed.]

Legislative History

1983, 45:1. 1987, 240:1. 1989, 302:1. 1993, 21:1. 1995, 6:1. 1997, 244:1-4. 1999, 227:1. 2000, 19:1. 2003, 55:1. 2005, 177:24. 2006, 142:1, 2. 2008, 274:32. 2013, 246:1, eff. Jan. 1, 2014. 2015, 222:6, eff. July 1, 2015. 2022, 27:4, eff. June 17, 2022. 2023, 163:1, eff. Jan. 1, 2024.