Car registration

Biggd · 10-20-2019, 12:44 PM

Quote:

Originally Posted by TiltonBB

The existing law is absurd. In a personal sense that means I cannot take my NH vehicle, that is my transportation while I am in NH, to visit out of state relatives and stay overnight. What is someone supposed to do? Rent a car?

That also became a problem when I purchased a vehicle in Florida to drive to NH and leave in NH. The town clerk (correctly according to current law) refused to register the car because it was out of state. One should not have to pay sales tax and higher insurance costs for NH based vehicles because of this law.

After years of complaining about the non resident registration law I decided to attempt to have changes made. I spoke to the Governor at a fundraiser and got his support. I asked Senator Harold French to submit legislation and he did. In February I flew from Florida to NH to testify before the Senate Transportation Committee in Concord. I also spoke to House Transportation Committee members and attended their meetings.

The result is the following change that will become law on January 1, 2020.

Partial language printed to save space here:

Certificates of Title and Registration of Vehicles; Reciprocity for Nonresidents. Amend RSA 261:46 to read as follows:

261:46 Nonresident Registration. the department shall register motor vehicles owned by individuals who are not residents of New Hampshire upon presentation of an affidavit by the applicant, on a form developed by the department, swearing that the vehicle is principally garaged or is regularly kept overnight in New Hampshire and that the applicant is the owner of at least one other vehicle which is registered and insured in the state of the applicant's residence.

2 Effective Date. This act shall take effect January 1, 2020.

The key word is "regularly" which I take as, you can visit someone out of state over night as long as it's not a long stay?

TiltonBB · 10-20-2019, 04:03 PM

I think that is very open to interpretation. I am not sure how you could be charged with a violation if you kept the car in New Hampshire "often". Unless there is a legal definition of regularly it would be pretty hard to prove that you violated a vague law.

The dictionary says regularly means "occurring or doing something frequently enough over a period of time to establish a pattern, though not necessarily a strict one." I think that covers a lot of situations.

The other curious part of the new law is that they will require someone to have a vehicle "registered and insured in the state of the applicants residence". That is coming from New Hampshire, a state that does not require automobile insurance.

The final language is not what was initially submitted but it is what was approved by the House and signed by the Governor.

At least they improved on the old law.

Newbiesaukee · 10-20-2019, 09:30 PM

I think the intent of the wording requires that you have a home state car also and the car registered in NH is not the car you are using regularly in your home state.

BroadHopper · 10-21-2019, 07:23 AM

I register the RV in NH as this is my residency and address. I was a full timer and spent months in several states and no one has approach me about registration including FL. So my guess is proof of residency?

TiltonBB · 10-21-2019, 07:51 AM

New Hampshire determines residency by where your driver's license is from. If you have an out of state license then you are a non-resident. If you do not have a driver's license then the Town Clerk can decide if you are a resident. Absent that, or in a disagreement, I assume that the courts could get involved.

Most states have laws that say if you establish a residence there and are gainfully employed for over 30 days you must switch your vehicle registration(s) and license to that state. There is a tremendous grey area.

I asked a DMV official in Florida if they thought every snowbird that went to Florida for the winter and got a job bagging groceries to supplement their income had changed their license and registration. They acknowledged that most would not but would be subject to arrest for unlicensed and unregistered if they were stopped. So, if this fits you, make sure you have the "right" answers ready if you get stopped. (No sir, no job, just passing through............)

TiltonBB · 12-31-2019, 11:09 AM

For anyone who is interested the new motor vehicle registration Nonresident Affidavit is attached.

It is simple and improves on the old law. It takes effect January 1, 2020.

TiltonBB · 11-11-2021, 05:57 PM

Senator Harold French who was instrumental in the filing and passing of the legislation regarding non-resident registrations has served three terms as a New Hampshire State Senator. His current term ends on December 7, 2022 and he is not going to seek reelection.

I know that the legislation has helped many people who keep and register vehicles at their New Hampshire property but maintain their legal residency elsewhere. The savings are significant.

Harold French is a real regular guy and very down to earth. He has decided to run for US Congress in the 2022 election. I understand he will make a formal announcement in early December.

If anyone (especially non -residents who benefited from his work on the registration law) would like to thank him for all he has done his mailing address is:
Senator Harold French, P.O. Box 11 Warner, NH 03278. I am sure he would appreciate it

10-20-2019, 09:30 PM	#3
Newbiesaukee Senior Member Join Date: May 2004 Location: Coral Gables, winter; Long Island, summer Posts: 1,363 Thanks: 961 Thanked 575 Times in 300 Posts	I think the intent of the wording requires that you have a home state car also and the car registered in NH is not the car you are using regularly in your home state. __________________ "You're only young once, but you can be immature forever."

10-21-2019, 07:23 AM	#4
BroadHopper Senior Member Join Date: Oct 2004 Location: Laconia NH Posts: 5,615 Thanks: 3,245 Thanked 1,115 Times in 801 Posts	Not sure about a car but I register the RV in NH as this is my residency and address. I was a full timer and spent months in several states and no one has approach me about registration including FL. So my guess is proof of residency? __________________ Someday may never be an actual day.

10-20-2019, 04:03 PM	#2
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,063 Thanks: 726 Thanked 2,236 Times in 956 Posts	I think that is very open to interpretation. I am not sure how you could be charged with a violation if you kept the car in New Hampshire "often". Unless there is a legal definition of regularly it would be pretty hard to prove that you violated a vague law. The dictionary says regularly means "occurring or doing something frequently enough over a period of time to establish a pattern, though not necessarily a strict one." I think that covers a lot of situations. The other curious part of the new law is that they will require someone to have a vehicle "registered and insured in the state of the applicants residence". That is coming from New Hampshire, a state that does not require automobile insurance. The final language is not what was initially submitted but it is what was approved by the House and signed by the Governor. At least they improved on the old law.

10-21-2019, 07:51 AM	#5
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,063 Thanks: 726 Thanked 2,236 Times in 956 Posts	New Hampshire determines residency by where your driver's license is from. If you have an out of state license then you are a non-resident. If you do not have a driver's license then the Town Clerk can decide if you are a resident. Absent that, or in a disagreement, I assume that the courts could get involved. Most states have laws that say if you establish a residence there and are gainfully employed for over 30 days you must switch your vehicle registration(s) and license to that state. There is a tremendous grey area. I asked a DMV official in Florida if they thought every snowbird that went to Florida for the winter and got a job bagging groceries to supplement their income had changed their license and registration. They acknowledged that most would not but would be subject to arrest for unlicensed and unregistered if they were stopped. So, if this fits you, make sure you have the "right" answers ready if you get stopped. (No sir, no job, just passing through............)

11-11-2021, 05:57 PM	#7
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 3,063 Thanks: 726 Thanked 2,236 Times in 956 Posts	Senator Harold French who was instrumental in the filing and passing of the legislation regarding non-resident registrations has served three terms as a New Hampshire State Senator. His current term ends on December 7, 2022 and he is not going to seek reelection. I know that the legislation has helped many people who keep and register vehicles at their New Hampshire property but maintain their legal residency elsewhere. The savings are significant. Harold French is a real regular guy and very down to earth. He has decided to run for US Congress in the 2022 election. I understand he will make a formal announcement in early December. If anyone (especially non -residents who benefited from his work on the registration law) would like to thank him for all he has done his mailing address is: Senator Harold French, P.O. Box 11 Warner, NH 03278. I am sure he would appreciate it

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