Hand-Held Cell phones While Driving In New Hampshire Banned as of July 1, 2015


No Hand-held cell phones while driving in New Hampshire

Effective July 1, 2015 hand-held cell phones while driving in New Hampshire are banned.  The law applies while “driving” which, it is important to note, includes when “temporarily halted in traffic” such as when at a light or obeying a similar traffic control device.  It also “presumes” that a driver who simply “holds a cellular telephone” “in close proximity of his or her ear” while the vehicle is in motion is engaging in a call in violation of the statute.

Allowed Cellphone Use – 911 and Bluetooth

911 calls are an exception.  So, too, is the use of integrated bluetooth enabled hands-free systems.

Minors – Complete Ban

Minors “less than the age of 18” may not use a cellphone while driving, at all, regardless of whether it is through bluetooth or not.


Penalties for violation: $100 first offense, $250 2nd offense, and $500 for third.


This statute also now creates a statutory duty owed by drivers.  Its violation is now an additional basis for determining fault in the event of an accident.

Source: RSA 265:79-c

If you have any questions regarding motor vehicle or personal injury law, please contact us.

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John P. Sherman, Esq. opened his own firm in 2005 after rising through the ranks to become a partner at one of New Hampshire’s largest law firms. Today he applies his deep expertise in personal injury, employment law, construction law, and real estate law to provide strategic counsel to both businesses and individuals in New Hampshire and Massachusetts. John holds a J.D. cum laude from American University, Washington College of Law and has a track record of successfully litigating cases in state and federal courts. Learn More »