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NH Legislation Updates

NH Legislation Updates: An opinion

HB-424 in 2020 created a commission to study distracted driving in NH and what could be done to prevent or reduce crashes.  Distracted driving is a primary cause of crashes, resulting in serious injuries and fatalities to many people, but with pedestrians and cyclists being among the most vulnerable.  Within the past two months, numerous serious crashes seem to have been caused with no other explanation.  Retired Police Sergeant Donna Briggs was killed while riding her bike in Kingston.  A motorist drove into the rear of a disabled tractor trailer truck parked in the breakdown lane on Route 89 in Concord, resulting in the death of his two sons riding in the SUV.  It seems every week we hear of motorists crashing into buildings under perfect driving conditions.  Yes, drunk, drugged, drowsy, or deliberate / road-rage driving could be involved, but per many police reports, the main problem is distracted driving.

With that background known, BWANH was pleased that in 2020, NH legislation was passed to form a committee to study and suggest methods to combat distracted driving.  In October the committee issued their final report with two recommendations: increase fines for violations and encourage motor vehicle manufacturers to incorporate technology which would disable a driver’s cell phone when the vehicle is in motion.  (This is already a feature in many phones but must be turned on by the user.)  The problem here?  There is no violation or penalty unless a driver is ticketed!  Without enforcement of current distracted driving laws, crashes will continue at a high rate, as the public feels “they can get away with it.”  A crash investigation may prove a driver was talking / texting on his hand-held device and a fine imposed, but that does not help the person who was hit.

Note that the NH distracted driving law is a “primary offense,” meaning enforcement can be done with no other reason for stopping a motorist.  A police officer just observing a hand-held device in use while driving is cause for enforcement.  “See something, do something” would be helpful but most police officers look the other way likely thinking “I have more important things to be doing.”  The paperwork for a traffic stop and follow-up through the court system for a violation is not fun, so little to no enforcement is done on a routine basis.  If a special funded crack-down or “sting operation” is conducted, then distracted driving is stopped before a crash happens.  Let the enforcement start with observation, ticketing, and then the penalty for the violation, t0 only not impose the penalty after a crash results in serious injury or a fatality.

Disclaimer:  The above is the position of Dave Topham, BWANH Founder / Director, and may not fully represent BWANH.

More about NH legislation:

The NH Rail Trails Coalition, a BWANH affiliate, is closely watching legislative actions underway concerning two state rail trail committees formed in the past two years and how e-bikes are viewed by the public.

SB-185 created the State Rail Trail Plan Update project and the Advisory Stakeholders Committee (ASC) to help guide the process.  This state-funded $200K project, the only state money spent on rail trails in recorded history, was to be completed in June 2021, but Covid-19 pushed out the completion date to June 2022.  Four public hearings were held in 2021 and two more ASC meetings are scheduled for March and May.  A lot of discussion is underway between NHDOT and the Bureau of Trails to determine which agency has jurisdiction over what.  Corridor ownership, maintenance, special use permits, insurance for volunteers working on state-owned property, and private/municipal funding that is not reflected in state budgets (like OHRV registrations) must all be considered.  The non-motorized community is often viewed as “free-loaders” whereas a lot of time and funding is donated to maintain state-owned property.  Additional private, public, and Federal funding sources are being explored and should be documented in the updated State Rail Trail Plan.

HB-311 committee to review best practices for rail trail development, costs, and environmental impact of OHRV/ATV users versus bike-ped traffic is now underway.  Several state agencies are to address the committee likewise NHRTC.  To date there have been concerns raised about trail damage and dust from motorized users, cost of determining if dust is a problem for trail abutters, and implementing / enforcing speed limits.  NHRTC is staying tuned to the committee discussions and will likely present at the January meeting.