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In a New Hampshire "driving law test" that I have, there is a question "Under what circumstance is it a crime if a car owner allows someone other than themself to drive their car?" What is the relevant statute if any?

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Cicero
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1 Answers1

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TITLE XXI Section 263:1-a

263:1-a Allowing an Improper Person. – No person shall knowingly permit a motor vehicle owned or controlled by him to be driven by a person who is not properly licensed or otherwise entitled to drive. Any person who violates this section shall be guilty of a violation, and if the license or driving privilege of the person allowed to drive is under suspension or revocation, the owner or person in control of the vehicle, notwithstanding title LXII, shall be fined not less than $100.

I would also hazard that allowing someone to use your vehicle knowing they intend to commit a crime would make you an accessory but I don’t think that’s the answer they’re looking for here.

Dale M
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    As well as trouble with the car: lacking registration, malfunctioning safety equipment (brakes, headlghts), etc. – Sotto Voce Mar 12 '23 at 23:56
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    Or with the condition of the person. If you allow your friend to drive despite he's obviously drunk, you get into trouble. – PMF Mar 13 '23 at 08:18
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    Another edge case would be insurance. My state (not NH) allows broad-form named operator insurance, which means I'm insured against liability. This contrasts with the typical case where the driver of the car on the policy is insured. So if you don't own a car and thus don't carry insurance - which is normally okay, because you'd be covered by the insurance of whomever you borrow a car from - I can't knowingly allow you to borrow my car. – Aoeuid Mar 13 '23 at 12:46
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    The keyword here is "knowingly". If you toss the keys to your car to a 15 year old child who isn't yet licensed to drive, to a 90 year old grandparent whose license was suspended due to old age (and everyone in the family knows this), or to a 40 year old crazy relative whose license was suspended due to drunk driving (and everyone in the family knows this), you are in trouble. On the other hand, if that unlicensed individual grabs the keys from the place where you store your keys, that probably does not qualify as "knowingly". You do not need to store your car keys in a safe. – David Hammen Mar 13 '23 at 13:49
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    @Aoeuid There's often a similar case when renting a car that only people listed on the rental agreement are allowed to drive it, and they usually charge extra for putting more than one name on the contract. Different story of course, because you are not the owner of the car in that case. I think it would fall under some sort of breach of contract to allow another person to drive the car you rented. – Darrel Hoffman Mar 13 '23 at 16:08
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    @SottoVoce In that case isn't it a crime for anyone to drive the car, not just someone other than the owner? The question is clearly specific about non-owners. – Barmar Mar 14 '23 at 14:18
  • @Barmar "Anyone" includes non-owners and doesn't exclude them, so I don't see how my suggestion wouldn't apply here. I don't see an implication in the question that it's okay for the owner to drive the car. I only see an implication that it's illegal for the owner to grant permission to drive the car. – Sotto Voce Mar 14 '23 at 17:17