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Phone & Hands-Free Law No. NH Hand-held ban — all drivers

New Hampshire Truck Driver Phone Law

The federal hand-held ban already covers you in New Hampshire — no holding, dialing past one button, or reaching (49 CFR 392.82). The state bans holding any mobile electronic device and all texting for every driver as a primary offense (RSA 265:79-c). Fines run $100, $250, then $500 within 24 months, and a conviction lands on your New Hampshire record as a demerit-point offense.

State rule (all drivers)Hand-held ban — all drivers
First-offense fine$100 first offense, $250 second, $500 for a third or later within 24 months, plus the state penalty assessment on each
License pointsA 265:79-c conviction goes on your New Hampshire driving record and carries demerit points; the state schedule scales points by offense
StatuteN.H. Rev. Stat. Ann. §265:79-c

A figure on this page is flagged medium confidence. The hand-held rule is solid, but confirm the exact fine or enforcement detail with the state before you rely on it.

01 The federal floor

The federal ban applies here first

Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).

02 What New Hampshire adds

New Hampshire’s rule for all drivers

The federal hand-held ban already covers you in New Hampshire — no holding, dialing past one button, or reaching (49 CFR 392.82). The state bans holding any mobile electronic device and all texting for every driver as a primary offense (RSA 265:79-c). Fines run $100, $250, then $500 within 24 months, and a conviction lands on your New Hampshire record as a demerit-point offense.

New Hampshire Truck Phone Law FAQ

Can truck drivers use a phone in New Hampshire?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in New Hampshire. New Hampshire also bans hand-held use for all drivers (N.H. Rev. Stat. Ann. §265:79-c).
What is the phone fine in New Hampshire?
$100 first offense, $250 second, $500 for a third or later within 24 months, plus the state penalty assessment on each. Primary enforcement.
Is texting while driving illegal in New Hampshire?
New Hampshire bans holding any mobile electronic device and all texting for every driver (RSA 265:79-c), enforced as a primary offense.

Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://gc.nh.gov/rsa/html/xxi/265/265-79-c.htm. See our Terms & Disclaimer.

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