HB 251-FN - AS INTRODUCED
2021 SESSION
21-0308
11/05
HOUSE BILL 251-FN
AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.
SPONSORS: Rep. Fenton, Ches. 8
COMMITTEE: Transportation
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ANALYSIS
This bill requires children under the age of 2 years old to be restrained in a rear facing child
restraint in a motor vehicle.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 251-FN - AS INTRODUCED
21-0308
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Rules of the Road; Child Passenger Restraints Required. Amend RSA 265:107-a, I-b to read as
2 follows:
3 I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person
4 less than 7 years of age and more than 2 years of age unless such passenger is properly fastened
5 and secured by a child restraint system which is in accordance with the safety standards approved
6 by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is
7 57 inches or more in height, the provisions of this paragraph shall not apply.
8 I-c. No person shall drive a motor vehicle on any way while carrying as a passenger
9 a person less than 2 years of age unless such passenger is properly fastened and secured by
10 a rear facing child restraint system which is in accordance with the safety standards
11 approved by the United States Department of Transportation in 49 C.F.R. section 571.213.
12 If the passenger is 40 inches or more in height and weighs 40 pounds or more, the
13 provisions of this paragraph shall not apply.
14 2 Effective Date. This act shall take effect 60 days after its passage.
 LBA
21-0308
12/7/20
HB 251-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring children under the age of 2 years be restrained in a motor vehicle.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 Indeterminable Indeterminable Indeterminable
Expenditures $0 Indeterminable Indeterminable Indeterminable
Funding Source: [ X ] General [ ] Education [ X ] Highway [ ] Other
METHODOLOGY:
This bill modifies the requirements for child passenger restraints in a motor vehicle, to which
those found guilty are subject to a violation level offense. It is not possible to estimate how many
new cases may arise as a result of this change, if any, however the Judicial Branch estimates
average cost of violation level cases to be $54 in FY 2022. It should be noted that average case
cost estimates for FY 2022 are based on data that is more than ten years old and does not reflect
changes to the courts over that same period of time or the impact these changes may have on
processing the various case types. Additionally, violations of this statute carry a fine of $50 for
first offense and $100 for subsequent offenses. Therefore, this bill may increase revenue to the
state highway fund.
Since this bill is effective 60 days after passage, it is assumed any impact would be incurred in
FY 2022 or after.
AGENCIES CONTACTED:
Judicial Branch


Statutes affected:
Introduced: 265:107-a