Commercial Drivers Licensing Resources
For Judges


  • N.H. DOT N.H. Pub. Emple. Labor Rels. Bd., 273 A.3d 368, 375 (2021)

    The State Employees’ Association of New Hampshire, Inc., SEIU Local 1984 (Union), filed an unfair labor practices claim against the New Hampshire Department of Transportation (DOT) after DOT changed commercial driver’s license requirements where a state employee must obtain a CDL medical card and pay a medical exam fee if he or she is promoted, demoted, or transferred to a different position requiring a CDL medical card. The Supreme Court of New Hampshire held that DOT did not have the “exclusive authority” to adopt a new CDL medical card requirement for current employees, and that, therefore, the requirement is not a prohibited subject of bargaining. The Court also held that the new CDL medical card requirement did affect the terms and conditions of employment and that the bargaining of said requirement would not interfere with the government control of a public function. Thus, the new CDL requirement should have been the subject of bargaining.

  • State v. Woodman, 114 N.H. 497, 323 A.2d 921 (N.H. 1974)

    State resident, whose place of business was in neighboring state, which required him to hold commercial driver’s license in that state, was also required to hold driver’s license issued by home state to operate a vehicle in such state, despite statute which provided that applicant for state driver’s license had to surrender any other state’s driver’s license held.


Adoption of Federal Regulations            

  • N.H. Rev. Stat. § 263:82 Statement of Intent; Construction. –
    • 49 CFR § 384 – Federal standards for state compliance with CDL mandate

What Constitutes a CMV

  •   N.H. Rev. Stat. § 259:12-e Commercial Motor Vehicle. –
    • 49 CFR § 383.5 – Definitions

Major Disqualifying Offenses

    • 49 CFR § 383.51(b) – Disqualification for Major Offenses

Major Disqualifying Offenses (Alcohol)

    • 49 CFR § 383.72 – Implied consent to alcohol testing
  • N.H. Rev. Stat. § 265-A:24 Commercial Drivers Prohibited from Driving With any Alcohol in Their Systems. –
    • 49 CFR § 392.5 – Alcohol prohibition
    • 49 CFR § 392.5 (c) – Alcohol prohibition: “Out-of-Service”
  • N.H. Rev. Stat. §265-A:25 Implied Consent Requirements for Commercial Motor Vehicle Drivers.
    • 49 CFR § 383.72 – Implied consent to alcohol testing


 Disqualification for Serious Traffic Offenses

  • N.H. Rev. Stat. § 259:98-a Serious Traffic Violation
    • 49 CFR § 383.51(c) – Disqualification of Drivers


Disqualification for Railroad Crossing Offenses

 Disqualification and Out-of-Service Orders

Identification of Conviction

  • N.H. Rev. Stat. § 259:14 Conviction
    • 49 CFR § 383.5 – Conviction Defined

Masking Convictions

  • N.H. Rev. Stat. §262:42-a Prohibition on Placing on File or Masking Convictions Incurred by Holders of Commercial Driver Licenses or Persons Required to Hold Such Licenses
    • 49 CFR § 384.226 – Prohibition on masking convictions

 10-Day Posting Requirement

  •   N.H. Rev. Stat. § 263:84 Notification Required by Driver.
  • N.H. Rev. Stat. § 260:14 Records and Certification.
    • 49 CFR § 384.225 – CDLIS driver recordkeeping

Other CDL Provisions

Commercial Drivers Licenses, Required, Exemptions, etc.


No additional resources for New Hampshire at this time.