Hand-held devices and distraction

Key points

1. No driver may use a hand-held mobile electronic device while driving or while halted in traffic at a light or other momentary delay.

   Source: Handbook p. 7

   “no person, while driving a moving motor vehicle upon a way or temporarily halted in traffic for a traffic control device, or other momentary delay, shall use any hand-held mobile electronic device”
   New Hampshire Driver's Manual, Handbook p. 7

2. Inputting information into a GPS or navigation device by hand is covered by the ban.

   Source: Handbook p. 7

   “or inputting information into a global positioning system or navigation device;”
   New Hampshire Driver's Manual, Handbook p. 7

3. A driver holding a phone near the ear while the vehicle moves is presumed to be on a call.

   Source: Handbook p. 8

   “who holds a cellular telephone or other electronic device capable of voice communication in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call.”
   New Hampshire Driver's Manual, Handbook p. 8

4. Only drivers over 18 may use a Bluetooth or other hands-free device, as long as it does not take attention from the road.

   Source: Handbook p. 8

   “Only drivers over the age of 18 years of age may: Use one hand to transmit or receive messages on any non-cellular 2-way radio. Use a Bluetooth enabled or other hands-free electronic device”
   New Hampshire Driver's Manual, Handbook p. 8

5. Drivers under 18 may not use a phone even hands free, except to report an emergency to 911 or a public safety agency.

   Source: Handbook p. 8

   “Drivers under the age of 18 years of age shall not use a cellular or mobile telephone or other mobile electronic device, whether hands-free or not, while driving a motor vehicle or temporarily stopped in traffic upon any way, except to report an emergency to the enhanced 911 system or any public safety agency.”
   New Hampshire Driver's Manual, Handbook p. 8

6. Mental activities that take your mind off driving are just as dangerous as taking your eyes off the road.

   Source: Handbook p. 7

   “Mental activities that take the operator's mind away from driving are just as dangerous.”
   New Hampshire Driver's Manual, Handbook p. 7

Numbers to know

3 questions from the New Hampshire practice test

1. 1. Under RSA 265:79-c, which activity with a hand-held device is prohibited while driving in New Hampshire?

   1. Listening to the radio
   2. Talking to a passenger
   3. Inputting information into a GPS or navigation device
   4. Adjusting the climate controls
   Show answer

   Inputting information into a GPS or navigation device. The hand-held device law covers more than texting. While driving or temporarily halted in traffic, no person may use a hand-held mobile electronic device to read, compose, view or post a message, initiate or conduct a conversation, access the Internet, input information into a global positioning system or navigation device, or manually type data into any portable electronic device. Radio, conversation with a passenger, and climate controls are not electronic device use under the statute, although any distraction can still be dangerous.

2. 2. A New Hampshire driver holds a cell phone near their ear while the vehicle is moving. How does the law treat that?

   1. It is legal if the call lasts under one minute
   2. It is only a violation if an officer hears the conversation
   3. It is legal as long as the driver is over 18
   4. The driver is presumed to be engaging in a call
   Show answer

   The driver is presumed to be engaging in a call. The statute closes an obvious loophole. An operator who holds a cellular telephone or other device capable of voice communication in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call. The officer does not need to prove the conversation, and the call's length does not matter. Drivers over 18 may use a hands-free device, but holding the phone to the ear is not hands-free.

3. 3. Which device use is generally permitted for New Hampshire drivers age 18 or older?

   1. Using a Bluetooth or other hands-free device to send or receive information
   2. Holding a phone to the ear on a rural road
   3. Typing an address into a phone while stopped in traffic
   4. Reading a text at a red light
   Show answer

   Using a Bluetooth or other hands-free device to send or receive information. Drivers age 18 or older may use one hand to transmit on a non-cellular two way radio, use a Bluetooth enabled or other hands-free device, or a similar device integrated into the vehicle to send or receive information, or perform an action required by an ignition interlock device. Even for adults the hands-free device may not require diverting attention from the road ahead. Reading a text at a light, holding a phone to the ear, and typing an address while stopped in traffic are prohibited for every driver.

Source: the New Hampshire Driver's Manual, Section 3: Dangerous Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.