New Hampshire Texting Laws


New Hampshire Distracted Driving Law

  1. Ban on texting for all drivers (Primary Law).

New Hampshire’s Texting While Driving Stand

Of the many rights and privileges granted to citizens of the Granite State, one has created more controversy in New Hampshire than many others. Distracted driving has been and continues to be one of the leading causes of highway collisions on New Hampshire highways. Law enforcement and the state legislature are working on tackling the issue.

Anti Texting Law

Section 265:105 of New Hampshire’s vehicle law prohibits text messaging and any other use of two hands for typing on an electronic device. Currently, there are no other rules regarding the use of cell phones. The proponents of this and other legislation are steadfast in the belief that they are doing the prudent thing for the state’s drivers. The detractors have claimed unconstitutional concerns. One of the objections voiced by the anti-ban lobby is involved with regular stops made by the police stopping and what goes on while checking the cell phone of the suspected offender. By viewing the call log, law enforcement might be able to determine if a call was made or a text was sent.

Cell phone use

New Hampshire has chosen not to enact legislation to ban the use of hand-held cell phones at this time. The use of hands-free cell phone adapters is highly encouraged; however, they are not required. Many would argue that the use of such devices would greatly reduce of risks of incidences on New Hampshire roadways. With most of the newer car models, hands-free devices are built into cars and trucks.

TV and other devices

In the matter of TV viewing, while driving, section 266:75 of New Hampshire code deals directly with that issue. It is an offense to watch TV or another video while in the driver’s seat. A common-sense approach was built into the code to cover most contingencies such as GPS devices and other non-entertainment type products. Map software in newer GPS devices and cell phones are exempt from the section.


The actual number of highway accidents due to distracted driving is growing at an alarming rate, according to the Highway Transportation Safety Administration. Approximately a third of accidents on New Hampshire highways are said to be directly related to distracted driving. Although current data from 2010 and 2011 have yet to be included in the statistical analysis presented on the NHTSA website, there are many indicators pointing to a significant increase in collisions related to distracted drivers. Officials from the state do affirm that there is a problem with distracted driving within the geographical limits of the state.