N.H. Code Admin. R. Ann. Saf-C — Commissioner, Department of Safety (Pursuant to 1995, 226:5, effective 8-13-95, the Commissioner has authority to adopt all rules of the Department except for rules of the Mechanical Licensing Board in the Division of Fire Safety.)

Chapter Saf-C 100 Organizational Rules

Part Saf-C 101 Definitions

N.H. Code Admin. R. Ann. Saf-C 101.01 Commissioner {#sec-saf-c-101.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 101.01}

"Commissioner" means the commissioner of the New Hampshire department of safety.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 101.02 Department {#sec-saf-c-101.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 101.02}

"Department" means the New Hampshire department of safety.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

Part Saf-C 102 Organization

N.H. Code Admin. R. Ann. Saf-C 102.01 Statutory Reference {#sec-saf-c-102.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.01}

The New Hampshire department of safety is organized in accordance with the provisions of RSA 21-P.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.02 Commissioner of Safety {#sec-saf-c-102.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.02}

The commissioner of safety is the chief executive officer of the department, which consists of:

(a) The following divisions:

(1) The division of motor vehicles;

(2) The division of state police;

(3) The division of safety services;

(4) The division of fire standards and training;

(5) The division of administration;

(6) The division of fire safety;

(7) The division of emergency medical services; and

(8) The division of information technology.

(b) The following bureaus:

(1) Bureau of hearings; and

(2) Bureau of common carriers.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97; amd by #7429, eff 1-24-01; amd by #7651, eff 2-20-02

N.H. Code Admin. R. Ann. Saf-C 102.03 Directors of Divisions {#sec-saf-c-102.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.03}

A director is responsible to the commissioner for the management of each division.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.04 Appointing Authority {#sec-saf-c-102.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.04}

(a) The director of each division is the appointing authority for his/her division and shall require approval of the commissioner for:

(1) Appointments;

(2) Promotions;

(3) Demotions; and

(4) Disciplinary action.

(b) The commissioner, or the assistant commissioner with the commissioner's approval, shall be the appointing authority for all administration and support sections of the department.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.05 Budget and Legislation {#sec-saf-c-102.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.05}

The commissioner shall exercise final approval over all budget and legislative submissions on behalf of the department.

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.06 Adoption of Rules {#sec-saf-c-102.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.06}

The commissioner shall adopt such rules as are needed and authorized by statute. Such rules shall be adopted in accordance with the provisions of the Administrative Procedure Act, RSA 541-A, where applicable.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.061 Technical Advice Memorandum {#sec-saf-c-102.061 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.061}

The commissioner shall exercise final approval over all technical advice memoranda issued to any department division or bureau. For the purposes of this rule “technical advice memorandum” means a directive intended to implement laws, rules, and policies as specified by RSA 541-A:16, II(a).

History

#6715, INTERIM, eff 4-1-98, EXPIRED: 7-30-98
#6835, eff 8-26-98

N.H. Code Admin. R. Ann. Saf-C 102.07 Assistant Commissioner {#sec-saf-c-102.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.07}

The assistant commissioner shall have such powers and duties as are authorized under RSA 21-P:5 and such other duties as may be assigned by the commissioner, including but not limited to:

(a) Executive direction of all divisions of the department in the absence of the commissioner;

(b) Authority to control expenditures of all divisions including the division of state police, for budget control;

(c) Authority and power to direct and supervise the operation and administration of any division of the department, except the division of state police;

(d) Liaison between the commissioner and the directors of the various divisions;

(e) Pre-screening of all federal grant requests by all divisions and units;

(f) Department liaison with the state legislature;

(g) Coordination of administrative rulemaking;

(h) Liaison with employee bargaining agents and the office of the state negotiator for collective bargaining matters; and

(i) Responsibility for the operations of the bureau of hearings and the division of fire safety.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.08 Division of Motor Vehicles {#sec-saf-c-102.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.08}

(a) As provided in RSA 21-P:8, the division of motor vehicles is under the management of the director of motor vehicles, subject to the authority of the commissioner.

(b) The director of motor vehicles is assisted by an assistant to the director, a classified employee as provided in RSA 21-P:9, who shall supervise and direct such operating units as the director shall assign to him/her, and perform such other duties as the director assigns, including the performance of such duties which the director may designate in the absence of the director.

(1) A registration bureau, supervised by the supervisor of registration;

(2) A driver licensing bureau, supervised by a supervisor of driver licensing;

(3) A financial responsibility administration bureau, supervised by a financial responsibility administrator as provided in RSA 21-P:9;

(4) A bureau of certificate of title and anti-theft, supervised by a supervisor of title and anti-theft;

(5) A dealer bureau supervised by the supervisor of the dealer program;

(6) A driver and traffic safety education bureau, supervised by a supervisor of driver and traffic safety education; and

(7) A pupil transportation bureau supervised by the supervisor of pupil transportation.

(d) The dealer bureau is organized into the following sections:

(1) A dealer section; and

(2) An inspection station section.

(e) The division of motor vehicles is responsible for administering the motorcycle rider training program, pursuant to RSA 263:34-b. The motorcycle rider training program is supervised by the program administrator.

(f) The new motor vehicle arbitration board is administratively attached to the department of safety, pursuant to RSA 357-D:5, II. A program paralegal, under the supervision of the director of motor vehicles, shall be the liaison between the board and the department. The program paralegal assists the board in carrying out their duties.

(g) The director of state police provides the director of motor vehicles with assistance and cooperation in investigating provisions of the motor vehicle laws and rules as follows:

(1) Inspection stations;

(2) Dealers, as defined by RSA 259:18;

(3) Utility dealers, as defined by RSA 259:121;

(4) Motorcycle and moped dealers;

(5) Revoked or suspended licenses and registrations; and

(6) Eligibility for license reinstatement.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.09 Division of State Police {#sec-saf-c-102.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.09}

(a) As provided in RSA 21-P:7, the division of state police is under the management of the director of state police, subject to the authority of the commissioner. The director holds the rank of colonel.

(b) The director of state police is assisted by an executive officer.

(1) Communications/administration bureau;

(2) Traffic bureau;

(3) Detective bureau; and

(4) Highway enforcement.

(d) Each bureau is headed by a commanding officer, answerable to the director.

(e) The division of state police shall be broken down into sub-units according to such policies and operating procedures as shall be adopted by the commissioner.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.10 Division of Safety Services {#sec-saf-c-102.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.10}

(a) As provided in RSA 21-P:10, the division of safety services is under the management of the director of safety services, subject to the authority of the commissioner.

(b) The division of safety services is organized according to the following operating sub-units:

(1) A marine patrol bureau, headed by a supervisor of navigation; and

(2) A tramway and amusement ride safety bureau, headed by the chief of the tramway and amusement ride safety bureau.

(1) The enforcement of watercraft safety;

(2) The education regarding watercraft safety; and

(3) Conducting public hearings for watercraft operation restrictions.

(d) The chief of the tramway and amusement ride safety bureau, under the direction of the director, shall:

(1) Inspect the construction, operation and maintenance of passenger tramways as provided in RSA 225-A:10;

(2) Assist the tramway safety board with their duties including the inspection of all necessary maintenance of passenger tramways as provided in RSA 225-A:8 and RSA 225-A:10, and consistent with RSA 21-P; and

(3) Inspect the assembly, operation and maintenance of carnival and amusement rides as provided in RSA 321-A.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.11 Division of Fire Safety {#sec-saf-c-102.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.11}

(a) As provided in RSA 21-P:12, the division of fire safety is under the management of the director of fire safety, subject to the authority of the commissioner. The director shall be known as the state fire marshal.

(b) The state fire marshal shall be responsible for:

(1) The enforcement of all applicable laws; and

(2) Ensuring the following functions are performed by the appropriate personnel in the fire marshal's office:

a. Approve or disapprove, and grant exemptions from fire safety rules adopted by any state agency to the extent authorized by RSA 153:4-a, I;

b. Certify private firefighting units under RSA 153:4-a, I;

c. Assist counties, cities, towns, village districts and precincts in supervising and enforcing local laws relative to:

The prevention of fires;
The storage, sale and use of combustibles;
The installation and maintenance of fire alarm and fire extinguishing equipment;
The construction, maintenance and regulation of fire escapes;
The means and adequacy of exits from places of assembly;
The investigation of the cause of fires; and
The storage and handling of flammable liquids and gases;

d. Coordinate the activities of the state fire marshal's office with those of other state and local agencies and officials responsible for developing or enforcing fire safety regulations pursuant to RSA 153:4-a, II;

e. Assist and counsel officials responsible for the enforcement of fire safety regulations and assist them in the organization and efficient operation of fire departments pursuant to RSA 153:4-a, II;

f. Coordinate state services during an accident involving the transportation of hazardous material when requested by the fire officer in charge or if in the best interest of public safety under RSA 153:4-a, III;

g. Grant exemptions and variances to state fire code rules s/he shall deem necessary for the protection from fire and fire hazards for people in the state and for the general welfare of property and people within the state;

h. Approve or disapprove all plans for construction or revision of all state buildings and properties as to compliance with fire safety measures under RSA 153:8-a, I(a);

i. Enforce and grant exemptions to the life safety code, NFPA 101 as authorized by RSA 153:4-a, RSA 153:5 and RSA 153:8-a I(c);

j. Enforce the provisions of RSA 153:10-a relative to automatic fire warning devices;

k. Investigate fires of suspicious origin seeking to arrest and prosecute those responsible under RSA 153:11;

l. Notify insurance companies believed to have an interest in fire loss property, as an insurer pursuant to RSA 153:13-a, III;

m. Upon complaint or when deemed necessary, inspect all buildings or premises and order the correction of fire hazardous conditions pursuant to RSA 153:14, II;

n. With the approval of the commissioner, control the sale of dangerously flammable fabrics pursuant to RSA 153:14-a;

o. Approve or disapprove plastic containers as specified in NFPA 30 designed for storage of flammable liquids offered for sale in this state under RSA 153:16-a;

p. Investigate complaints alleging that local ordinances relating to fire safety measures are not being fully complied with and enforce such ordinances where such complaints are substantiated pursuant to RSA 153:17;

q. Whenever s/he deems it advisable, investigate any fire by which property is endangered, damaged or destroyed and conduct hearings pursuant to Saf-C 200 into the causes, circumstances and origin thereof pursuant to RSA 153:18;

r. At the request of any fire chief, enter and inspect any building or premises to the extent permitted by RSA 153:21, for the purpose of determining the existence of any violations of RSA 153, rules adopted by the commissioner, or local law or ordinances relating to fire protection;

s. Keep and maintain a record of all fires occurring in the state and of all facts concerning those fires to the extent required under RSA 153:22;

t. Upon request, give assistance in coordinating the service of fire departments giving mutual aid in the extinguishment of fires pursuant to RSA 154:30;

u. If petitioned, call the first organizational meeting of a newly forming mutual aid system under RSA 154:30-a and RSA 154:30-b;

v. Render advice, recommendations and assistance to any district fire mutual aid system pursuant to RSA 154:30-c, III;

w. Provide for periodic safety inspections of all occupied public buildings owned by the state pursuant to RSA 155-A:4;

x. Inspect all New Hampshire youth development center facilities to insure compliance with fire safety rules as specified in RSA 621:8;

y. Establish a program to promote fire safety education and reduce fire loss by encouraging fire-safe practices throughout the state, pursuant to RSA 153:10-c;

z. Regulate liquid propane gas pipeline safety, except propane gas pipelines regulated by the public utilities commission; and

aa. Perform such other functions as are necessary to comply with RSA 153 or any other statutes.

(1) The inspection of buildings;

(2) Investigation of fires and enforcement of state statutes, local ordinances and administrative rules dealing with fire prevention, pursuant to RSA 153:17; and

(3) In the absence of the state fire marshal, shall assume responsibility for all activities of the state fire marshal's office and all duties assigned to the state fire marshal's office by statute.

(d) Fire investigators and fire inspectors under the direction of the state fire marshal and under the supervision of the deputy fire marshals, shall:

(1) Investigate fires in accordance with procedures established by the state fire marshal;

(2) Inspect state owned and other buildings in accordance with procedures established by the state fire marshal;

(3) Assist local fire officials in promulgation and enforcement of local fire codes, pursuant to RSA 153:17;

(4) Review architectural and engineering plans and specifications for compliance with the state fire code; and

(5) Perform such other duties as directed by the state fire marshal or his/her deputies.

(e) The electricians' board is administratively attached to the department of safety, pursuant to RSA 319-C:4, IV. The state fire marshal supervises the inspectors in carrying out their duties.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.12 Division of Fire Standards and Training {#sec-saf-c-102.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.12}

(a) As provided in RSA 21-P:12-a, the division of fire standards and training is under the management of the director of fire standards and training, subject to the authority of the commissioner.

(b) Pursuant to 1989, 388:2, I, the New Hampshire fire standards and training commission is administratively attached to the department, with rulemaking authority under RSA 21-P:27. The director shall provide the commission with assistance in carrying out their duties.

(1) Administering and supervising a fire service training and research program throughout the state; and

(2) Establish training standards and offer instruction in methods of:

a. Determining and dealing with the causes of fire and the prevention of fire;

b. Techniques in firefighting and rescue;

c. Research in techniques in firefighting and protection; and

d. The administration and management of fire departments.

History

#6486, eff 4-16-97

N.H. Code Admin. R. Ann. Saf-C 102.13 Division of Administration {#sec-saf-c-102.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.13}

(a) As provided in RSA 21-P:6, the division of administration is under the management of the director of administration, subject to the authority of the commissioner.

(b) The division of administration includes the following operating sections and units:

(1) An internal audit bureau;

(2) A business bureau which shall have the following responsibilities:

a. All bookkeeping and accounting functions;

b. Financial management; and

c. Mailroom and equipment control service.

(3) An agency personnel officer, who shall be responsible for the personnel files and serve as a liaison with the state division of personnel;

(4) A liaison with the comptroller and legislative budget assistant; and

(5) A road toll bureau, supervised by a road toll administrator as provided by RSA 21-P:9.

History

#6486, eff 4-16-97; amd by #7651, eff 2-20-02

N.H. Code Admin. R. Ann. Saf-C 102.14 Division of Emergency Medical Services {#sec-saf-c-102.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.14}

(a) Pursuant to RSA 21-P:12-b, there is a division of emergency medical services within the department under the supervision of the unclassified director of emergency medical services.

(b) The director duties shall be as specified in RSA 21-P:12-b, II, including the following:

(1) Day-to-day operation of the division of emergency medical services;

(2) Coordination of emergency medical services throughout the state;

(3) Providing public information and education regarding the availability and use of the emergency medical and trauma services systems;

(4) Providing training and written and practical testing of emergency medical care providers;

(5) Licensing emergency medical care providers, emergency medical service units, emergency medical service instructors and coordinators, emergency medical service training agencies, emergency medical services dispatchers, and emergency medical service vehicles, including wheelchair vans for hire;

(6) Establishing and maintaining a data collection and analysis capability to evaluate emergency medical and trauma service systems for the evaluation of such services;

(7) Carrying out investigations as specified in RSA 153-A:14;

(8) Providing administrative support, within the limits of available funding, to the coordinating board, medical control board, trauma medical review committee, and the regional councils;

(9) Facilitating the establishment and maintenance of a communications network that addresses citizen access to the emergency medical and trauma services system and communications among emergency medical service units, health care facilities, and other local, county, and state agencies involved in the care or transportation of persons in need of appropriate medical attention;

(10) With the approval of the commissioner, authorizing the employment of part-time instructors, evaluators, and practical skill examination aids for the purpose of delivering training and written and practical examinations;

(11) Preparing budgets and grant requests, and planning initiatives related to improve the general health of the public; and

(12) With the approval of the commissioner, accepting in the name of the state any and all donations and grants, and receiving, utilizing, expending and disposing of such funds subject to budgetary provisions, consistent with the rules of the department and the purposes or conditions of the donation or grant.

(1) There shall be no less than 3 regional offices, each staffed by a training coordinator, as follows:

a. Southern NH region, Manchester office:

b. Seacoast region, Epping office;

c. Northern NH region, Berlin office;

(2) The division's office in Concord shall be responsible for training in those areas not covered by a region as well as licensing and data management; and

(3) The division shall provide administrative support as specified in RSA 21-P:12-b, II(j), to the following:

a. The emergency medical and trauma services coordinating board, as established by RSA 153-A:3;

b. The emergency medical services medical control board, as established by RSA 153-A:5;

c. The councils described in RSA 153-A:6; and

d. The trauma medical review committee, as established by RSA 153-A:8.

History

#7429, eff 1-24-01

N.H. Code Admin. R. Ann. Saf-C 102.15 Division of Information Technology {#sec-saf-c-102.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 102.15}

(a) Pursuant to RSA 21-P:12-f, there is a division of information technology within the department under the supervision of the unclassified director of information technology.

(b) The director’s duties are as specified in RSA 21-P:12-f, II, including the following:

(1) Day-to-day operations of the division of information technology;

(2) Administering all aspects of information technology for the department;

(3) Performing short-term and long-range planning for all aspects of information technology for the department;

(4) Evaluating information technology trends in hardware, software, and communications to be utilized in meeting the information technology needs of the department; and

(5) Directing managers of software development, technical support, and data center operations to ensure the quality of service and the effective use of information technology.

(1) Systems development section responsible for performing computer programming, testing and implementation services;

(2) Network services section responsible for performing local area and wide area network design, ordering, installation, maintenance and monitoring of hardware and software; and

(3) Mainframe operations section responsible for performing mainframe technical support, including systems programming, and preventative maintenance and intervention jobs for disaster recovery purposes.

History

#7651, eff 2-20-02

Part Saf-C 103 Photocopy Fees

N.H. Code Admin. R. Ann. Saf-C 103.01 Fees {#sec-saf-c-103.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 103.01}

Unless otherwise prescribed, copies of administrative rules maintained by the department shall be provided, pursuant to RSA 91-A:4, IV, for any person so requesting.

Appendix

Provision of the Proposed Rule

Specific State Statute which the Rule is Intended to Implement

Saf-C 102.02(a)(8)

RSA 21-P:12-d

Saf-C 102.02

RSA 21-P:12-b, I

Saf-C 102.13

RSA 21-P:6 and RSA 21-P:12-b, II

Saf-C 102.15

RSA 21-P:12-d

History

#2286, eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442, INTERIM, eff 2-1-97, EXPIRES: 6-1-97; ss by #6486, eff 4-16-97

Chapter Saf-C 200 Procedural and Hearings Rules

Part Saf-C 201 Purpose

N.H. Code Admin. R. Ann. Saf-C 201.01 Purpose {#sec-saf-c-201.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 201.01}

(a) The purpose of these rules is to set forth:

(1) The practice and procedures for the administrative hearings conducted by the commissioner;

(2) The motor vehicle accident reporting requirements;

(3) The handling of protested checks;

(4) A uniform point system for identifying frequent violators of traffic laws;

(5) The approval process for driver improvement courses; and

(6) The approval process for driver attitude courses.

History

#6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

N.H. Code Admin. R. Ann. Saf-C 201.02 Scope {#sec-saf-c-201.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 201.02}

All administrative hearings conducted by the commissioner or director or his designee shall be governed by the rules of practice set forth herein unless otherwise provided for by rules adopted by the department.

History

#6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

N.H. Code Admin. R. Ann. Saf-C 201.03 Applicability {#sec-saf-c-201.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 201.03}

(a) Except as otherwise provided by department rules, the rules in this chapter shall apply to any adjudicative proceedings held by the department.

(b) The hearings examiner shall not waive any of the provisions of these rules.

History

#7349, eff 8-22-00; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

Part Saf-C 202 Definitions

N.H. Code Admin. R. Ann. Saf-C 202.01 Definitions {#sec-saf-c-202.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 202.01}

Whenever used in these rules, the following terms shall be construed as set forth below, unless different meaning is clearly stated within the text:

(a) "Accident" means "accident" as defined in RSA 259:1-a.

(b) "Accident evaluator" means an individual who conducts a detailed review and examination of motor vehicle and police accident reports to determine compliance with the provisions of the New Hampshire financial responsibility law, RSA 264.

(c) "Administrative hearing" or "hearing" means a proceeding in which the legal rights, duties, immunities or privileges of a respondent are required by law or rule to be determined by the commissioner or director or their agents after an opportunity for a hearing.

(d) "Agent" means any person designated by the department to engage in administrative procedures.

(e) "Calendar year" means January 1 through December 31.

(f) "Certificate" means "certificate" as defined in RSA 259:9.

(g) "Complaint" means a written statement submitted by a person, association, partnership, corporation, state agency or any other legal entity that sets forth specific allegations and requests administrative action by the department.

(h) "Commissioner" means the commissioner of the New Hampshire department of safety or a designee.

(i) "Conviction" means a finding, as determined by the court, of guilty, guilty continued for sentencing, or placed on file with a finding of guilty, and also includes the definition in RSA 259:14.

(j) "Dealer" means "dealer" as defined in RSA 259:18.

(k) "Department" means "department" as defined in RSA 259:19.

(l) "Director" means "director" as defined in RSA 259:20, or his or her designee.

(m) "Division" means "division" as defined in RSA 259:22.

(n) "Driver" means "driver" as defined in RSA 259:25.

(o) "Financial responsibility administrator" means the individual designated pursuant to RSA 260:7, II, to assist the director for the purpose of administration of the motor vehicle financial responsibility law, RSA 264.

(p) "Foreign state" means any state within the United States other than New Hampshire, as well as the District of Columbia, all territories and commonwealths of the United States and all foreign countries and political subdivisions.

(q) "Habitual offender" means "habitual offender" as defined in RSA 259:39.

(r) "Hearings examiner" means the individual designated by the department to hold administrative hearings.

(s) "Judgment" means "judgment" as defined in RSA 259:46.

(t) "License" means "license" as defined in RSA 259:48.

(u) "Licensee" means a person to whom a license, as defined in (t) above, has been granted.

(v) "Motor vehicle" means "motor vehicle" as defined in RSA 259:60.

(w) "Next of kin" means "next of kin" as defined in RSA 259:66-a.

(x) "Non-resident" means "non-resident" as defined in RSA 259:67.

(y) "Owner" means "owner" as defined in RSA 259:72.

(z) "Party" means each person named or admitted as a person who has an interest in the subject matter of the administrative hearing held hereunder and necessary to the conduct of such hearing.

(aa) "Permit" means any and all documents conveying privileges, such as but not limited to inspection stickers, dynamite permits, non-driver's identification, school bus permits, dealer privileges and inspection privileges, issued by the department.

(ab) "Person" means "person" as defined in RSA 259:74.

(ac) "Reciprocating state" means "reciprocating state" as defined in RSA 259:84.

(ad) "Resident" means "resident" as defined in RSA 259:88.

(ae) "Revocation" means "revocation" as defined in RSA 259:90.

(af) "Road toll administrator" means the individual designated pursuant to RSA 260:7, I, to assist the director for the purpose of administration of the motor vehicle road toll laws, RSA 260:30 et. seq.

(ag) "Security agreement" means "security agreement" as defined in RSA 259:97.

(ah) "SR-22 certificate" means a uniform document filed by an insurance company pursuant to RSA 264:21 and RSA 259:9 that certifies the policyholder is insured for New Hampshire's minimum liability requirements under RSA 264.

(ai) "SR-26 certificate" means a uniform document filed by the insurance company that provides notice that the SR-22 certificate issued to the policyholder has been canceled.

(aj) "State" means "state" as defined in RSA 259:106.

(ak) "Suspension means "suspension" as defined in RSA 259:107.

(al) "Uninsured motor vehicle" means "uninsured motor vehicle" as defined in RSA 259:117.

(am) "Vehicle" means "vehicle" as defined in RSA 259:122.

(an) "Way" means "way" as defined in RSA 259:125.

(ao) "Working days" means days exclusive of Saturdays, Sundays, and state and federal holidays.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 202.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

Part Saf-C 203 Procedural Rules

N.H. Code Admin. R. Ann. Saf-C 203.01 Complaints {#sec-saf-c-203.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.01}

(a) Within 30 days after receipt of a complaint and completion of an investigation, the commissioner shall review the complaint to determine whether any statutory basis exists for administrative action.

(b) If no basis for administrative action exists, the complaining party shall be notified within 30 days from the conclusion of the investigation and the complaint shall be dismissed. In such a case, a hearing shall not be scheduled on the complaint.

(c) Upon investigating a complaint, if the commissioner determines that the complaint is incomplete, or that additional information is required in order to determine whether a statutory basis exists for administrative action, the commissioner shall temporarily defer any action and shall notify the complainant of any additional information that shall be required.

(d) If the commissioner determines that a statutory basis exists for administrative action, the commissioner shall, in accordance with these rules, schedule a hearing and issue notice thereof.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5064, eff 2-7-91; amd by #5274, eff 11-20-91; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

N.H. Code Admin. R. Ann. Saf-C 203.02 Notice of Hearing Requirements {#sec-saf-c-203.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.02}

(a) Unless otherwise provided in these rules, all notices of hearings shall be given in writing, or if prearranged by electronic means, and addressed to the party being called in for the hearing. The notice shall be prepared on an official form of the department and shall be sent in a sealed envelope through first class United States mail or by personal service or via electronic means or via facsimile.

(b) If an attorney files an appearance on behalf of a party, all subsequent correspondence from the department relative to that appearance shall be forwarded to the attorney and no further correspondence shall be forwarded directly to the client.

(c) In the event an attorney no longer represents the party, the party shall file a written statement of this fact with the commissioner, allowing subsequent correspondence from the department to be forwarded to the party.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.04); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

N.H. Code Admin. R. Ann. Saf-C 203.03 Requests for Hearings {#sec-saf-c-203.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.03}

(a) An individual requesting a hearing shall do so in writing and file it at the bureau of hearings. Facsimiles at 603 271 6653 or email requests at Safety-hearings@safety.state.nh.us shall be accepted.

(b) All requests for a hearing shall be typed, legibly written or printed.

(1) The name date of birth and address of the individual requesting the hearing;

(2) The name and address of the individual’s representative, if any;

(3) A concise statements of the facts which warrant the relief requested;

(4) A description of the action which the individual wishes the bureau to take;

(5) A citation to any statutes, rules, orders, or other authority which entitles the individual to the relief requested; and

(6) The signature of the individual with a date indicating when the request was signed.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6068, eff 7-28-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.05); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04

N.H. Code Admin. R. Ann. Saf-C 203.04 Contents of Notice {#sec-saf-c-203.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.04}

All notices shall comply with RSA 541-A:31, III.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #6249, INTERIM, eff 6-16-96, EXPIRESS 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.03)

N.H. Code Admin. R. Ann. Saf-C 203.05 Scheduling of Hearing {#sec-saf-c-203.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.05}

Unless otherwise provided in these rules, each hearing shall be assigned a hearing number and set for a date as soon as practical after the complaint has been received and reviewed. The hearing shall be scheduled to allow a reasonable time for preparation of the case by both the department and the parties.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.07); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.04)

N.H. Code Admin. R. Ann. Saf-C 203.06 Requests for Continuances {#sec-saf-c-203.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.06}

(a) A request for continuance of a hearing shall be made in writing with a copy to the respective party(s) and received by the department, absent exigent circumstances, at least 5 working days prior to the hearing.

(b) Exigent circumstances shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other unforeseeable circumstance beyond the party's control that requires the party's absence from the scheduled hearing.

(d) The written request or motion shall contain but not be limited to:

(1) The specific reason(s) for the request including issue(s) to be resolved and conflicts with scheduled court appearances;

(2) Optional dates and times when all interested parties shall be available;

(3) The identity of the requestor; and

(4) The name and date of birth of the respondent.

(e) If optional dates and times are not provided as required by (d)(2), the bureau shall deny the request.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5687, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.05)

N.H. Code Admin. R. Ann. Saf-C 203.07 Assignment and Transfer of Cases {#sec-saf-c-203.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.07}

(a) When a case is assigned to a hearings examiner, it shall remain with that hearings examiner until the case is concluded unless transferred pursuant to these rules.

(b) The presiding hearings examiner shall not be the person who is the official complainant against the party involved.

(c) In the event of absence, disability or disqualification of a hearings examiner, a case assigned to one hearings examiner shall be transferred to another by the appropriate supervisor.

(d) A case may be transferred from one designated location to another with due regard for the convenience and necessity of the parties or witnesses, and as the interests of justice may require.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.06)

N.H. Code Admin. R. Ann. Saf-C 203.08 Hearings Examiner Withdrawal {#sec-saf-c-203.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.08}

Each hearings examiner shall, at any stage of the hearing process, withdraw from a case if the hearings examiner has or has had a personal or business relationship with any party, witness or representative, that may hinder him or her from being able to arrive at an impartial decision on the issue(s), or for any other reason that might interfere with his or her ability to remain impartial.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.10); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.07)

N.H. Code Admin. R. Ann. Saf-C 203.09 Representation of Parties {#sec-saf-c-203.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.09}

(a) Parties may appear pro se or be represented by an attorney or as specified by RSA 311:1.

(b) Parties or their representatives may cross-examine witnesses and present evidence and witnesses on their own behalf.

(c) In the event a representative or party appears to be unable to ask pertinent questions regarding the issue(s) for which the hearing is being held, the hearings examiner shall conduct and complete such questioning to obtain all necessary information for the hearing examiner to make a fair and informed decision.

(d) Appearance by a representative of a party shall not waive the party's required presence at a hearing.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5314, eff 1-27-92 (Interim); ss by #5398, eff 5-20-92; amd by #5688, eff 8-20-93; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.11); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.08)

N.H. Code Admin. R. Ann. Saf-C 203.10 Public Access {#sec-saf-c-203.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.10}

(a) Except as otherwise provided by law, administrative hearings shall be open to the public.

(b) Members of the press shall be admitted to the hearings whenever the public is permitted. If the press is present at a hearing, the hearings examiner shall brief them, off the record, in the presence of all parties, as to the nature and purpose of the hearing.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.12); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.09)

N.H. Code Admin. R. Ann. Saf-C 203.11 General Authority of Hearings Examiners {#sec-saf-c-203.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.11}

(a) Subject to the statutes and rules governing the department, each hearings examiner shall have the authority to:

(1) Schedule and hold hearings;

(2) Administer oaths and affirmations;

(3) Issue subpoenas on behalf of the state;

(4) Determine the order of proof in any proceeding;

(5) Receive relevant evidence and rule on offers of proof in hearings;

(6) Take official notice of any facts which are of common knowledge and general notoriety;

(7) Take, or cause to be taken, depositions;

(8) Regulate and control the course of an administrative hearing;

(9) Hold on the record conferences for the settlement or simplification of issues, or for obtaining stipulations as to issues of fact or proof by consent of the parties;

(10) Dispose of procedural requests, including adjournments or continuances, at the request of the parties or on the hearing examiner's own motion;

(11) Interview and examine witnesses as the case may require;

(12) Direct parties to appear at hearings;

(13) Consider and evaluate the facts and evidence on the record and make findings of fact, conclusions of law, and dispositions;

(14) Determine credibility or weight of evidence in making findings of fact and conclusions of law;

(15) Render oral and written decisions, reports or recommendations as authorized by statute or rule;

(16) Make a complete record of any proceeding including all relevant matters;

(17) Take any action in a proceeding necessary to conduct and complete the case not inconsistent with applicable statutes, rules, and precedents;

(18) Place an individual or other legal entity on probation;

(19) Place all or part of a penalty in abeyance providing that this action is not inconsistent with any other rule or law; and

(20) Require that a respondent have a picture taken for identification purposes.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.13); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.10)

N.H. Code Admin. R. Ann. Saf-C 203.12 Control of Hearing {#sec-saf-c-203.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.12}

(a) In cases of disorder or refusal to comply with the rules of the hearing, the hearings examiner shall use reasonable means to control the hearing.

(b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the hearings examiner shall admonish the offender reminding the offender that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a case.

(c) If the offense is repeated and further admonition appears fruitless, the hearings examiner shall exclude a disorderly person from the hearing.

(d) A disorderly person shall not lose the case because of his/her offensive conduct or the offensive conduct of his/her representative or witness.

(e) Notwithstanding (d) above, if a disorderly person's offensive conduct is so flagrant that it prevents the completion of the case, the disorderly person shall be warned that his/her conduct shall result in a default judgment entered for the case. Such party may reopen the case upon submitting his/her offer of proof or argument in an orderly fashion.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.14); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.11)

N.H. Code Admin. R. Ann. Saf-C 203.13 Record of Hearing {#sec-saf-c-203.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.13}

(a) The hearings examiner shall record the administrative hearing and so notify all parties present.

(b) The hearings examiner shall make available, upon written request by a party and upon receipt of payment as set forth in Saf-C 203.14(b), a duplicate copy of the recording.

(c) Pursuant to RSA 541-A:31, VII, a party may request, in writing, a transcript of the hearing but shall first pay all reasonable costs for such transcription, as specified in Saf-C 203.14(b).

(d) The written request for a duplicate copy of the recording or a transcript shall be submitted and received by the hearings examiner no later than 75 days from the date of the final decision of the administrative hearing. The department shall retain hearing recordings for at least 75 days from the date of final decision.

(e) Any person attending an administrative hearing may tape or otherwise record the hearing. The hearings examiner conducting the hearing, upon being advised of any person's intention to make such a recording, shall notify all parties present of the fact that this record is in addition to the official recording being made by the bureau of hearings.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5228, eff 9-25-91; amd by #5753, eff 12-2-93; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.15); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.12)

N.H. Code Admin. R. Ann. Saf-C 203.14 Fee Schedule and Pre-Hearing Access {#sec-saf-c-203.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.14}

(a) Unless otherwise provided by these rules, any party or his representative shall be provided, upon request, with copies of material regarding the issue(s) to be decided.

(b) Requests pursuant to (a) above, shall be accompanied by the following fees:

(1) For accident reports, $1.00 per page;

(2) For insurance records, $8.00 per record;

(3) For certified records, $10.00 per record;

(4) For a complete non-certified driving record, $8.00 per record;

(5) For non-certified copies of any notices or documents, such as, but not limited to suspension notices, revocation notices, restoration notices, or hearing reports, $1.00 per page;

(6) For certified notices, $5.00 per page;

(7) For certified accident report, $5.00 per page;

(8) For certified typed transcript of hearing, $3.75 per page;

(9) For a copy of an audio record of the hearing, $25.00 per recording accompanied by a blank storage and container compatible to the type of recording made.

(c) Public records, not otherwise declared confidential by law, shall be open for inspection by appointment with the bureau of hearings or the financial responsibility administrator.

(d) All checks for fees set forth in this section shall be made payable to the State of New Hampshire.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5377, eff 4-21-92; amd by #5688, eff 8-20-93; ss by #6143, eff 12-21-95; ss by #6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.13)

N.H. Code Admin. R. Ann. Saf-C 203.15 Identification of Parties {#sec-saf-c-203.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.15}

(a) The hearings examiner shall, at the opening of the hearing:

(1) Determine the identities of all parties and their representatives and witnesses;

(2) Obtain the parties addresses and the correct spelling and pronunciation of their names and addresses;

(3) Record on the report of the hearing, the name of the respondent and his/her representative(s), members of the prosecution, and all witnesses appearing;

(4) Identify himself or herself, his/her official title and function and briefly summarize the following:

a. The purpose of the hearing;

b. The issues involved;

c. The procedural rights of all parties; and

d. The statute(s) or rule(s) under which the hearing is being held.

(b) For the purposes of (a)(1), if a party's or witness' identity is in question, the hearings examiner shall require the individual to produce an official driver license, nondriver identification form or other official verification of identity.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.16); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.14)

N.H. Code Admin. R. Ann. Saf-C 203.16 Sequestering of Witnesses {#sec-saf-c-203.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.16}

(a) If there is a clear dispute of facts between the parties in which the credibility of testimony might determine the outcome of the hearing, the hearings examiner, on the request of a party, shall sequester witnesses until they are called to testify.

(b) Notwithstanding (a) above, a witness shall be sequestered only if prosecution and defense, as appropriate, shall have one individual present throughout the process to ensure neither side is placed at an unfair advantage for summation.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.17); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.15)

N.H. Code Admin. R. Ann. Saf-C 203.17 Oaths or Affirmations {#sec-saf-c-203.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.17}

(a) In any hearing in which administrative action affecting the rights or privileges of any party might be taken, an oath or affirmation shall be administered by the presiding hearings examiner to each witness prior to identifying each witness and receiving testimony.

(b) If a witness asserts an objection to the taking of an oath for religious or other related reasons, an affirmation shall be administered.

(c) Interpreters shall be administered an oath or affirmation to truthfully and accurately translate, to the best of their ability, all questions asked and answers given.

(d) Once a witness has taken the oath or made the affirmation at any hearing it shall not be necessary for him or her to be sworn again for subsequent testimony on the same day and in the same case. The record of the proceeding shall indicate that a person was recalled to testify and reminded that s/he was still under oath or affirmation.

History

#6337, eff 9-25-96 (from Saf-C 202.18); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.16)

N.H. Code Admin. R. Ann. Saf-C 203.18 Motions {#sec-saf-c-203.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.18}

(a) Motions shall be in written form unless orally presented at the hearing. Written motions shall be included in the record of the proceeding and filed together with the case file.

(b) All written motions submitted on the date of the hearing shall be excluded from consideration by the hearings examiner.

(c) Notwithstanding (b) above, the hearings examiner shall accept a written motion submitted on the day of the scheduled hearing if the moving party is able to show:

(1) The existence of newly discovered evidence which due diligence would not have discovered prior to the hearing; or

(2) Exigent circumstances, pursuant to Saf-C 203.05(b), existed that prevented the filing of the motion prior to the day of the hearing.

(d) If the hearings examiner accepts the written motion on the day of the scheduled hearing and the opposing party requests time to respond, a continuance shall be granted. The continuance shall be attributed to the party submitting the motion.

(e) Oral motions shall be recorded in full in any transcript of the proceeding.

(f) Once all testimony has been heard and closing arguments, if any, have been completed, the hearing shall be closed and no motion(s) in any form shall be allowed unless expressly authorized by these rules.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #6143, eff 12-21-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.19); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.17)

N.H. Code Admin. R. Ann. Saf-C 203.19 Applicable Rules of Evidence {#sec-saf-c-203.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.19}

The following rules shall govern the introduction and admissibility of evidence at administrative hearings.

(a) Administrative hearings shall not be bound by common law or the rules of evidence.

(b) All relevant evidence shall be admissible.

(1) Depositions;

(2) Affidavits;

(3) Official documents; and

(4) Testimony of witnesses.

(d) Pursuant to RSA 541-A:33, II, the hearings examiner may exclude any irrelevant, immaterial, or unduly cumulative or repetitious evidence.

(e) Applicable statutory and constitutional privileges and immunities requiring exclusion of evidence in civil proceedings shall be recognized, provided however, that nothing contained herein shall prohibit a party from waiving his privilege or immunity.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.20); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.18)

N.H. Code Admin. R. Ann. Saf-C 203.20 Concluding Proceeding {#sec-saf-c-203.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.20}

No party shall be required to rest his case at a given time, except when a hearings examiner has heard all relevant evidence and rebuttals.

History

#6337, eff 9-25-96 (from Saf-C 202.21); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.19)

N.H. Code Admin. R. Ann. Saf-C 203.21 Rendering Decision {#sec-saf-c-203.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.21}

(a) Except as otherwise provided by law, within a reasonable time after the hearing, not to exceed 30 working days after the conclusion of the hearing, the hearings examiner shall issue a written decision stating the action to be taken by the department, the reason therefore, and notify the respondent of his/her rights to appeal.

(b) All decisions shall be reached on the basis of a preponderance of the evidence.

(d) The decision setting forth findings of fact, conclusions of law and disposition, made by the hearings examiner, shall be provided to all parties.

(e) Upon request of the hearings examiner, either party may submit proposed findings of fact and conclusions of law. If submitted, the hearings examiner's decision shall include rulings on the proposals.

History

#6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.20)

N.H. Code Admin. R. Ann. Saf-C 203.22 Failure to Appear {#sec-saf-c-203.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.22}

(a) Any party to whom a notice of hearing has been forwarded but fails to appear shall have a default judgment rendered against him or her which shall result in administrative action being taken if, after a review of the case file, a hearings examiner determines that a lawful basis for such action exists. However, there shall be no default judgment if the commissioner determines there was good cause for failing to appear.

(b) Good cause shall include, but not be limited to:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other unforeseeable circumstance beyond the party's control that requires the party's absence from the scheduled hearing.

History

#6337, eff 9-25-96 (from Saf-C 202.23); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.21)

N.H. Code Admin. R. Ann. Saf-C 203.23 Re-Opening of Cases {#sec-saf-c-203.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.23}

(a) Whenever a hearings examiner is satisfied that good cause exists to explain why a person failed to appear at an administrative hearing at which a default decision was rendered, the hearings examiner shall strike the default judgment and reopen the case for determination on the merits.

(b) Good cause shall shall be as specified in Saf-C 203.22 (b).

(1) A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to hearing; or

(2) A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresentations of applicable precedents.

(d) An application to reopen a case shall be in the format of a written request when submitted pursuant to (c) above. It shall outline the newly discovered evidence or an allegation and specific references of material error, omission or misconstrued statutes or rules, or misrepresentation of applicable precedents.

(e) In the case of a default judgment, a request pursuant to (a) above, shall be submitted to and received by the department no later than 15 working days from the date of the default or from the date of the condition that prevented the appearance and notification no longer existed, whichever occurs first. Requests received subsequent to the time requirement shall be denied as untimely. An application to reopen shall not suspend the applicable appeal period prescribed by statute.

(f) An application to reopen a case, when submitted pursuant to (a) above, shall outline the good cause, pursuant to (b) above, that existed which precluded the person from appearing at the administrative hearing.

(g) An application to reopen cases shall be denied if it is determined that such application:

(1) Is made solely to obtain a delay in the disposition of the case; or

(2) Is not in compliance with this section.

History

#6337, eff 9-25-96 (from Saf-C 202.24); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.22)

N.H. Code Admin. R. Ann. Saf-C 203.24 Official Notice {#sec-saf-c-203.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.24}

(a) The hearings examiner shall take official notice pursuant to RSA 541-A:33, V.

(b) The hearings examiner shall state on the record the matters of which he/she intends to take official notice, and afford the parties the opportunity to object.

History

#6337, eff 9-25-96 (from Saf-C 202.25); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.23)

N.H. Code Admin. R. Ann. Saf-C 203.25 Multiple Cases: Consolidation {#sec-saf-c-203.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.25}

Where the interests of justice shall be better served without substantial prejudice to the rights of any party, a hearings examiner shall sever one case from another or shall consolidate 2 or more cases preserving for all parties the right of appeal from the single or several decisions rendered.

History

#6337, eff 9-25-96 (from Saf-C 202.26); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.24)

N.H. Code Admin. R. Ann. Saf-C 203.26 Notice of Suspension or Revocation {#sec-saf-c-203.26 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.26}

(a) Unless otherwise provided in these rules, all notices of suspension or revocation shall be sent on an official form of the department by first class mail or personal service.

(b) The notice of suspension or revocation shall contain the following:

(1) The name, address and date of birth of person against whom the suspension or revocation is issued;

(2) The date of action;

(3) The file number, if any;

(4) An indication as to whether suspension or revocation is being issued;

(5) The license or registration number, or both as appropriate;

(6) The privileges and permits subject to administrative action;

(7) The period of suspension or revocation;

(8) An indication as to:

a. The court action and date;

b. The accident involvement and date;

c. The administrative action and date;

d. The default action and date;

e. The insurance canceled and date; and

f. Whether security is required and if so, amount thereof and date required;

(9) The reason for suspension or revocation;

(10) Notification that when a license has been suspended or revoked, driving of motor vehicles shall cease and the license shall be returned to the department at once;

(11) Notification that driving of motor vehicles shall not be resumed until a license is restored in writing by the department;

(12) Notification that when a non-resident's privilege to drive has been suspended or revoked, driving of motor vehicles in New Hampshire shall cease and shall not be resumed until that privilege has been restored;

(13) Notification that when a vehicle registration or privilege to drive a vehicle has been suspended or revoked, driving of the vehicle shall cease at once;

(14) Notification that if a vehicle registration has been suspended or revoked, the registration certificate and number plates shall be delivered to the department immediately;

(15) Notification that failure to deliver a suspended or a revoked license or registration certificate and plates may result in continued suspension at the rate of one day for each day of non-compliance;

(16) Notification that when a permit has been suspended or revoked the privileges authorized shall cease;

(17) Explanations relating to the reason for suspension or revocation shall be printed on the form; and

(18) Such other information as the commissioner shall deem necessary to put the individual on notice of any impending administrative action.

History

#6337, eff 9-25-96 (from Saf-C 202.27); amd by #7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.25)

N.H. Code Admin. R. Ann. Saf-C 203.27 Appeal of Administrative Sanction {#sec-saf-c-203.27 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.27}

Except as otherwise provided by law, any suspension or revocation resulting from administrative action shall remain in full force and effect pending the outcome of the appeal or expiration of the sanction imposed.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.26)

N.H. Code Admin. R. Ann. Saf-C 203.28 Burden of Proof {#sec-saf-c-203.28 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.28}

Unless otherwise specified by law, the burden of proof shall be on the moving party.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.27)

N.H. Code Admin. R. Ann. Saf-C 203.29 Standard of Proof {#sec-saf-c-203.29 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.29}

Unless otherwise specified by law, the standard of proof shall be by a preponderance of the evidence. “Proof by preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.28)

N.H. Code Admin. R. Ann. Saf-C 203.30 Intervenors {#sec-saf-c-203.30 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.30}

If a person meets the criteria of RSA 541-A:32, that person shall be allowed to intervene in any action before a hearings examiner.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.29)

N.H. Code Admin. R. Ann. Saf-C 203.31 Computation of Time {#sec-saf-c-203.31 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.31}

In computing any period of time prescribed or allowed by these rules, by order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA 288, as amended.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.30)

N.H. Code Admin. R. Ann. Saf-C 203.32 Discovery {#sec-saf-c-203.32 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.32}

(a) A hearings examiner shall permit discovery upon a finding by a preponderance of the evidence that such discovery is necessary for a fair hearing.

(b) In determining necessity that examiner shall consider:

(1) The complexity of the issues involved;

(2) Other opportunities or information available to discover the information sought; and

(3) Any other special or exceptional circumstances that exist.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.31)

N.H. Code Admin. R. Ann. Saf-C 203.33 Format {#sec-saf-c-203.33 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.33}

Unless otherwise specified in department rules, all requests, reports, and documents shall be submitted in a legible form.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.32)

N.H. Code Admin. R. Ann. Saf-C 203.34 Role of Agency Staff in Enforcement Proceedings {#sec-saf-c-203.34 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.34}

Agency personnel who have been designated by the commissioner or a division director to request a hearing and present the division’s case shall fully participate in the hearing. Other agency staff shall have no role in the hearing unless called as a witness.

History

#7349, eff 8-22-00; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.33)

N.H. Code Admin. R. Ann. Saf-C 203.35 Date of Issuance or Filing {#sec-saf-c-203.35 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.35}

(a) There shall be a rebuttable presumption that the date on the notice of any document governed by these rules was the date the document was issued by the department.

(b) There shall be a rebuttable presumption that the date stamp on any document filed pursuant to these rules was the date it was received by the department.

History

#8230-A, eff 12-17-04 (formerly Saf-C 203.34)

N.H. Code Admin. R. Ann. Saf-C 203.36 Waiver of Procedural Rules {#sec-saf-c-203.36 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.36}

(a) A hearing examiner, upon the accepted motion of any interested person, shall waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension is lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues properly pending before the hearing examiner than would adherence to particular procedural rules or requirements. A motion for waiver or suspension of a procedural rule or order shall fully set forth the reasons for the requested relief.

(b) Notwithstanding any rule to the contrary, during a state of emergency declared by the governor, a hearing examiner, with consent of all parties shall waive the personal appearance requirement and permit appearance at a hearing by telephone, video conference, or other.

(c) If all parties do not agree to the presence of a party or the examination of a witness by telephone, video conference, or other means, the hearing examiner shall allow the presence of a party or the ability of a witness to testify by telephone, video conference, or other means upon a finding of exigent circumstances, such as but not limited to the following:

(1) Economic hardship;

(2) Illness;

(3) Incarceration;

(4) Safety of any party or member of the public; or

(5) It would be inequitable to deny the requesting party use of telephone, video conference, or other.

(d) If the hearing examiner determines that either party shall be substantially disadvantaged by presenting their case by telephone, video conference, or other means, the hearing shall be by live testimony.

History

#8230-A, eff 12-17-04; amd by #13004, EMERGENCY RULE, eff 3-17-20, EXPIRES: 9-13-20; ss by #13096, eff 8-28-20

N.H. Code Admin. R. Ann. Saf-C 203.37 Retention Schedule {#sec-saf-c-203.37 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 203.37}

The department shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#8230-A, eff 12-17-04

Part Saf-C 204 Driver License and Registration Actions

N.H. Code Admin. R. Ann. Saf-C 204.01 License Under Suspension or Revocation {#sec-saf-c-204.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.01}

(a) Upon receipt of evidence that a New Hampshire resident is under suspension or revocation for motor vehicle offenses, court defaults, or administrative actions in another jurisdiction, the commissioner shall determine if such person currently holds, or is an applicant for, a New Hampshire driver's license. Parking violations and failure to pay excise taxes shall be excluded from this rule.

(b) If the person holds, or is an applicant for a New Hampshire driver's license, the commissioner shall give the same effect to the offense or conduct reported, pursuant to (a) above, as he would if the offense or conduct had occurred in New Hampshire.

(c) If the commissioner determines the person is under suspension or revocation in another jurisdiction, s/he shall deny or suspend the person's license or driving privileges until the person furnishes evidence of compliance with the law of such other jurisdiction. Such person shall be entitled to a hearing upon request.

(d) If the suspension or revocation is for driving while intoxicated or reckless operation, the department's effective date of revocation shall be the date of final conviction in the other jurisdiction. The license revocation period shall be the same as if the conviction had taken place in New Hampshire.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.01); amd by #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.02 Physical, Mental or Moral Impairment: Driver Re-Examination {#sec-saf-c-204.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.02}

(a) "Alcohol evaluation" for the purposes of this section, means an evaluation conducted by a certified alcohol and drug abuse counselor or licensed alcohol counselor to determine if a chemical dependency exists and if the individual is at risk to recidivate.

(b) An alcohol evaluation shall include, but not be limited to:

(1) The reason for evaluation;

(2) A mental status examination;

(3) A psychosocial history, including:

a. A family background;

b. Any physical and emotional difficulties;

c. The employment situation;

(4) An arrest history;

(5) The medical history;

(6) A history of alcohol and/or drug usage, including:

a. The age of onset;

b. The duration;

c. Consumption;

d. Patterns of consumption and use;

e. Family members usage; and

f. The types of previous treatment and response;

(7) The substance abuse treatment history;

(8) The diagnostic test scores; and

(9) Summary and recommendations, including the current risk of repeating an alcohol or drug related offense.

(c) "Driver examination" for the purposes of this section, means a visual acuity screening, a road performance test, or a written examination, or all 3, or any combination thereof, administered by the driver licensing section of the division.

(d) “Driver re-examination” for the purposes of this section means the requirements set forth in Saf-C 1009.

(e) "Medical evaluation" for the purposes of this section means a medical, psychiatric or psychological examination or any combination thereof.

(f) A hearings examiner shall require a licensee or license applicant to undergo an alcohol evaluation, a medical evaluation, a driver re-examination, or any combination thereof upon receipt of information that the licensee or applicant has a condition which might impair his or her driving ability.

(g) Information shall be accepted from sources including, but not limited to:

(1) The licensee's or applicant's admission to impairment;

(2) Accident reports;

(3) Law enforcement officers;

(4) Physicians;

(5) Private complaints; and

(6) Licensing officers.

(h) If a medical or alcohol evaluation is required, the licensee or applicant shall be responsible for the cost of such evaluation, and for releasing and forwarding the results of such evaluation in written form to the department.

(i) Prior to requiring such medical evaluation, alcohol evaluation, or driver re-examination, a hearings examiner shall afford the licensee the opportunity for a hearing, except as provided in paragraph (k).

(j) Upon receipt of the results of such alcohol or medical evaluation or driver re-examination, the hearings examiner shall take administrative action. The licensee shall be afforded an opportunity for a hearing prior to any administrative action unless the hearing examiner determines that action pursuant to (k) is applicable.

(k) If the department receives information which substantiates that the licensee is so physically, mentally or morally impaired that immediate harm to the public could occur if the licensee retains his or her driver license or operating privilege, the director shall immediately suspend the driver license or operating privilege.

(l) Such information referred to in (k) above shall include, but not be limited to, reports:

(1) Of chemical dependency, substance abuse, seizures or blackouts;

(2) That the licensee has been adjudicated as incapacitated in accordance with the provisions of RSA 464-A:1, et seq.;

(3) That the licensee is suffering from a mental illness as defined in RSA 135-C:2, X, and the rules adopted therefrom, or is severely mentally disabled as defined in RSA 135-C:2, XV, and the rules adopted therefrom;

(4) That the licensee has been involuntarily committed to a psychiatric facility; or

(5) That the licensee has been convicted of a crime involving moral turpitude.

(m) Nothing contained herein shall prohibit the commissioner from requiring proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.03 Original License Suspension or Revocation: Probationary License Suspension {#sec-saf-c-204.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.03}

(a) Every first license issued shall be deemed an original license. It shall be issued subject to the conditions set forth in the following paragraphs.

(b) Unless extenuating circumstances exist, a hearings examiner shall, after the hearing, suspend an original license and require the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05 upon receipt of evidence of:

(1) Misconduct in the driving of a vehicle, as alleged in a written complaint from a law enforcement officer whereby the conduct poses a hazard to the public's safety;

(2) Misuse or abuse of driving privileges as alleged in a written complaint from a law enforcement officer; or

(3) Having 3 or more at fault accidents within the term of the original license.

(1) The maturity of the licensee;

(2) The impact a suspension would have on the licensee’s education or employment;

(3) The length of time the licensee has held an original license without prior motor vehicle convictions;

(4) The licensee’s lack of prior motor vehicle convictions; and

(5) The licensee does not present as a hazard to public safety;

(d) Pursuant to RSA 265-A:35, any license issued subsequent to a conviction for reckless operation or driving while intoxicated shall be deemed to be probationary for 3 years from the date issued.

(e) Any driver under 21 years of age convicted for illegal possession of alcoholic beverages pursuant to RSA 179:10 shall only be eligible to hold a probationary license until 21 years of age. The convictions shall be noted on the individual's motor vehicle record.

(f) A probationary license holder shall not drive or attempt to drive a vehicle upon a way while under the influence of a controlled drug or intoxicating liquor if his blood alcohol content is 3/100 percent or greater.

(g) A probationary license holder who refuses a blood alcohol content test of the officer's choosing shall have his driver's license administratively suspended for 90 days, and:

(1) The division shall notify the person in writing by first class mail of the suspension which shall become effective 30 days from the date of notification;

(2) The person may request a hearing by submitting a written request to the bureau of hearings within 30 days from the effective date of the suspension;

(3) A request, pursuant to (2) above, shall not delay, postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearings examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(h) The department shall suspend the driver's license of a probationary license holder who submits to an alcohol concentration test and the results are 3/100 percent or more. The licensee shall be suspended for 90 days for a first probationary license offense and 180 days for a subsequent probationary license offense.

(i) In the case of (f) above the following shall apply:

(1) The division shall notify the person in writing by first class mail of the suspension which shall become effective 30 days from the date of notification;

(2) The person shall be afforded a hearing by submitting a written request to the bureau of hearings within 30 days of the effective date of the suspension;

(3) A request, pursuant to (2) above, shall not delay postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearing examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(j) The scope of the hearing shall be limited to whether:

(1) The person held a probationary license at the time of the offense; and

(2) The person refused a blood alcohol content test as specified in (e); or

(3) The person took a blood alcohol content test which showed a result of 3/100 percent or more as specified in (f).

(k) A request for a hearing received more than 30 days from the effective date of the suspension shall be denied as untimely.

(l) Pursuant to RSA 265-A:35, II, the penalties prescribed in paragraphs (e) and (f), shall not run concurrently with any other penalties imposed by the court.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.03); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.04 Original License Suspension: Drivers Under Age 20 {#sec-saf-c-204.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.04}

(a) For the purposes of this section, “conviction” is defined as and includes a violation of any motor vehicle offense, whether it occurred in New Hampshire or any other jurisdiction.

(b) Pursuant to RSA 263:14 and for the purpose of this section, "offense" shall include proof of a conviction of any motor vehicle violation excluding a conviction of RSA 261:40, RSA 261:59 or RSA 266:5.

(c) Pursuant to RSA 263:14 and for the purpose of this section, "original license" means any driver license issued under title XXI to a person under the age of 20.

(d) Upon learning that an original license holder under the age of 20 has been convicted of an offense, the director or his/her agent shall suspend the original license as specified in this rule. In addition to a suspension of the original license, the director or his or her agent shall require that proof of liability insurance in the form of an SR-22 certificate be filed when an original license holder has 2 or more speeding convictions based upon violations that occurred within 2 years from the date the license was issued.

(e) An original license holder shall be given an opportunity for a hearing before the director or his/her agent suspends the original license.

(f) The division shall notify the driver of a date, location, and time where the driver may appear to show just cause why his/her license should not be suspended.

(g) Just cause pursuant to (f) above shall be that:

(1) The driver was 20 years or older at the time of the violation;

(2) The driver was not convicted of the violation;

(3) The driver did not hold an original New Hampshire license at the time of the violation; or

(4) There are extenuating or mitigating circumstances that the hearings examiner should consider.

(h) The scope of the original license suspension hearing shall be limited to:

(1) Whether the driver was under the age of 20 on the date of the violation;

(2) Whether the driver held an original New Hampshire license at the time of the violation;

(3) Whether the driver was convicted of a violation listed in (a) above; and

(4) Whether the driver presented compelling evidence of extenuating or mitigating circumstances.

(i) Extenuating or mitigating circumstances pursuant to (g) and (h) above shall include:

(1) The impact a suspension would have on the driver's education or employment;

(2) The length of time the driver has held an original license without prior motor vehicle violations;

(3) The driver's lack of prior motor vehicle convictions; and

(4) The lack of seriousness of the violation for which the driver has been convicted.

(k) The following suspension periods shall apply to original licenses:

(1) For the first conviction, 20 days;

(2) For the second conviction, 45 days; and

(3) For the third or subsequent conviction, 90 days.

(l) The suspension periods listed in (k) above, shall be in addition to any other penalty or remedy prescribed by statute or rule. If an additional suspension period is provided for by statute or rule, the original license suspension period shall not run concurrently.

(m) If a person fails to return his/her original license to the department by the date specified in the pending suspension notice or as instructed by the hearings examiner a day shall be added to the suspension period specified in (k) above for every day that the department does not receive the license.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.031); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.05 Parent or Guardian Authorization Certificate {#sec-saf-c-204.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.05}

(a) If the department receives written information which indicates the death of a signatory of a "parent or guardian authorization certificate," form DSMV 38 as set forth in Saf-C 1002.04, the reviewing hearings examiner or financial responsibility administrator shall suspend the named minor's license and registration, if any.

(b) If the signatory of a "parent or guardian authorization certificate" withdraws such consent, the reviewing hearings examiner or financial responsibility administrator shall suspend the named minor's license and registration, if any. Such withdrawal of consent shall be in written form.

(1) The withdrawal of consent;

(2) The name of the parent or guardian; and

(3) The name of the minor.

(d) Suspension under this section shall remain in effect until:

(1) The named minor attains the age of 18;

(2) A new "parent or guardian authorization certificate" is received;

(3) Proof of insurance in the form of an SR-22 certificate covering the named minor is received; or

(4) The person under 18 years of age is emancipated by marriage.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.04); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.06 Revocation: Third Offense {#sec-saf-c-204.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.06}

(a) Upon receipt of a driver's record which reflects a third or subsequent conviction of a violation of title XXI in the same calendar year, the hearings examiner shall review such record to determine whether the license will be revoked.

(b) Subsequent to such review, the hearings examiner shall:

(1) Defer action if more information through investigation is needed to proceed with any administrative action; or

(2) Schedule a hearing if the record indicates there is basis for administrative action; or

(3) Take no administrative action based upon the results of the investigation and recommendation of the investigation.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.06); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.05); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.07 Suspension/Revocation for Serious Offenses Under Reciprocity {#sec-saf-c-204.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.07}

(a) The commissioner shall revoke the license or operating privileges of a resident upon receipt of evidence of conviction in another jurisdiction for reckless driving, driving while intoxicated, negligent homicide resulting from the operation of a motor vehicle or manslaughter resulting from the operating of a motor vehicle.

(b) The date of revocation or suspension shall be the date of final conviction by a court of competent jurisdiction based upon a criminal or civil proceeding.

(c) If the conviction is a driving while intoxicated and there is no prior driving while intoxicated convictions, the revocation shall be for the same duration as if the conviction had occurred in New Hampshire. Restoration shall be contingent upon the person’s compliance with Saf-C 205.04.

(d) If the conviction is a driving while intoxicated first offense and there is a record of prior driving while intoxicated conviction(s), the initial revocation shall be one year subject to review after successful completion of an approved alcohol education program pursuant to RSA 265-A:39. Upon such completion and after a minimum 6-month period of revocation, the defendant may, under the provisions of Saf-C 204.06(h), submit a written request for a hearing. Restoration shall be contingent on the defendant's compliance with Saf-C 205.04.

(e) If the conviction is for reckless operation, the minimum period of revocation shall be 60 days. If there is a record of prior reckless operation convictions within 5 years, the provisions of Saf-C 207.04 and Saf-C 205.02 shall apply.

(f) If the conviction is for either negligent homicide or manslaughter, the restoration provisions of Saf-C 209 shall apply.

(g) If action is taken under paragraphs (c), (d), (e), or (f), the defendant shall be afforded the opportunity for a hearing. Any such hearing request shall not postpone, delay or otherwise impact the revocation or suspension. The hearing shall be scheduled within 15 days from the date the request is received.

(h) At the hearing, after introduction of evidence by the state, the respondent shall have the burden of proving by a preponderance of evidence that:

(1) The respondent is not the same person named on the notice(s);

(2) The respondent was not convicted of the charges or similar charges as listed in (a) above; and

(3) The respondent’s operating privilege or license was not suspended or revoked as a result of the conviction.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.06); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.08 Suspension by Justice for Cause {#sec-saf-c-204.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.08}

Pursuant to RSA 263:57, whenever the department receives an abstract of conviction from a municipal, district or superior court suspending a license or operating privilege for up to 30 days, the financial responsibility administrator shall notify the individual by first class mail of the suspension and administrative requirements for restoration. Restoration shall take effect at the conclusion of the suspension period imposed by the court provided all administrative requirements have been met and, further provided, there are no other suspensions and/or revocations in effect.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5377, eff 4-21-92; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.07); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.09 Flagrant Cases {#sec-saf-c-204.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.09}

(a) If a court or justice recommends the suspension or revocation of a license or operating privilege or certificate of registration on an abstract of conviction for a period longer than 30 days pursuant to RSA 263:61, the financial responsibility administrator shall immediately notify the bureau of hearings. The bureau of hearings shall notify the person of a hearing or opportunity to be heard.

(b) The scope of any such hearing shall be:

(1) A review of the court's abstract of conviction;

(2) Any additional information provided by the court or justice;

(3) A review of the person's motor vehicle record on file with the director; and

(4) Information received in the hearing.

(c) If the bureau of hearings concurs with the court's recommendation, pursuant to Saf-C 204.09(a), the person shall be notified in writing. The notice shall include a brief explanation of the suspension or revocation and the restoration process.

(d) Restoration shall be effectuated at the conclusion of the sanction period imposed by the bureau of hearings, provided all administrative requirements have been met and further provided, there are no other suspensions and/or revocations in effect.

History

#6337, eff 9-25-96 (from Saf-C 203.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.08); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.10 Transporting Alcoholic Beverages {#sec-saf-c-204.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.10}

(a) Upon receipt of evidence alleging a violation of RSA 265-A:45, a hearing shall be scheduled and the person notified in accordance with these rules.

(b) The scope of such hearing shall be limited to the following issues:

(1) Whether the person is the individual identified on the complaint;

(2) Whether the person was under the age prescribed by RSA 265-A:45 at the time of the alleged violation;

(3) Whether the person was driving a motor vehicle upon a way;

(4) Whether the person was accompanied by a parent or legal guardian or legal age spouse;

(5) Whether liquor or alcoholic beverage was present in any part of the vehicle; and

(6) Whether the person falls within the exemption pursuant to RSA 179:23.

(c) If the hearings examiner finds that the provisions of paragraph (b) have been met, the hearings examiner shall suspend the license or deny the person's privilege to drive for a period not to exceed the maximum penalty prescribed by law.

History

#6337, eff 9-25-96 (from Saf-C 203.10; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.09); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.11 RSA 265-A:25, Commercial Driver License Hearing {#sec-saf-c-204.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.11}

– (Moved to Saf-C 1808.05)

History

#6337, eff 9-25-96 (formerly Saf-C 203.111); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.12 Suspension of a New Hampshire Nonresident Commercial Driver License {#sec-saf-c-204.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.12}

– (Moved to Saf-C 1808.06)

History

#6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.13 Persons Hazardous to Public Safety {#sec-saf-c-204.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.13}

(a) The commissioner, upon receipt of information that a person might be hazardous to public safety, shall issue an order requiring the person to appear and show cause why his/her driver's license or operating privilege should not be revoked or denied.

(b) A person who shall be subject to such an order shall include, but is not limited to, one who:

(1) Has been driving to endanger the public;

(2) A law enforcement officer has reported for misconduct, abuse or misuse of the person’s driving privileges;

(3) Has been convicted 2 or more times of driving a motor vehicle while under the influence of intoxicating liquor or controlled drugs, or any combination thereof; or

(4) Has an alcohol or drug problem that is not under control.

(c) The commissioner shall presume that a person with an alcohol or drug problem that is not under control, is a person hazardous to the public safety.

(d) Nothing contained herein shall prevent the department from conducting an investigation or requiring a driver examination, alcohol evaluation, a medical examination or any combination thereof of such person or requiring the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05.

(e) After notice and an opportunity for a hearing, a hearings examiner shall suspend, revoke, or deny the driver's license or driving privilege of any person whose past record of convictions, accident involvement or other serious misbehavior would make the person a hazard to him/herself or other highway users, or result in the person being declared a habitual violator.

(f) Nothing contained in this section shall prevent the commissioner from suspending the license or driving privilege of a person prior to a hearing, whenever there is reason to believe that the person is operating in such a manner so as to constitute a present danger to the public or him/herself.

(g) In the case of a person whose license has been suspended or revoked pursuant to RSA 263:56, I (d) by reason of physical or mental impairment, the suspension or revocation shall be for an indefinite period provided, however, the person may request a hearing once every year thereafter for the purpose of reviewing the original order. Such a request shall be in writing. The person shall be required to produce medical evidence clearly indicating his/her condition no longer renders him a hazard.

(h) For the purposes of (g) above, the request for a hearing shall contain:

(1) The individual's name, address and date of birth; and

(2) A request for a hearing to be scheduled.

History

#6337, eff 9-25-96 (from Saf-C 203.12); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.14 False Statements in Official Proceedings {#sec-saf-c-204.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.14}

(a) Where any licensee, testifying under oath or affirmation in any hearing conducted by the commissioner, makes a false statement, the licensee’s driver license or driving privilege shall be suspended if such a statement is found to affect the course or outcome of the proceeding.

(b) Upon receipt of information that any person has made a materially false statement in any proceeding, the commissioner shall issue an order, pursuant to RSA 263:59, of suspension of a licensee’s driver’s license or driving privilege and if applicable, order the license to be delivered to the department. Upon written request, a licensee shall be granted a hearing within 15 days of filing his or her request.

(c) The hearing shall be held before the commissioner provided, however, that in no case shall the hearing be conducted before the person who presided at the proceeding during which the alleged false statement was made.

(d) The scope of the hearing shall be limited to whether the respondent:

(1) Made a false statement;

(2) The false statement which s/he made was not material;

(3) The false statement which s/he made was the result of coercion by a person whom the respondent reasonably believed would cause him/her harm; or

(4) The respondent believed the false statement to be true.

(e) The commissioner shall continue the suspension of the driver's license or driving privilege, or deny the pending application for a driver's license, and as appropriate, rescind any administrative action which was substantially affected by the false statement, of any person found to have made a materially false statement which was not the result of factors contained in (d)(2), (3) or (4) above.

(f) Where the license or driving privilege of any person is already under suspension, revocation, or has been denied, the license or driving privilege shall be suspended, revoked or denied for an additional period of time.

(g) Notwithstanding the above provisions, where any person has, in the course of the original hearing, retracted the false material statement before it could substantially affect the outcome of the proceeding, the person’s driver's license or driving privilege shall not be suspended, revoked, or denied.

(h) Nothing contained in this rule shall prevent the department from seeking criminal prosecution under RSA 641, of any person making a false material statement in any official proceeding.

History

#6337, eff 9-25-96 (from Saf-C 203.13); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.15 Fraudulent Activities {#sec-saf-c-204.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.15}

(a) The commissioner shall, after notice and opportunity for a hearing, suspend a driver's license or driving privileges, or permit upon receipt of information indicating that any person has:

(1) Fraudulently altered a driver's license or permit;

(2) Lent his/her driver's license or permit to another person;

(3) Displayed, possessed or represented as his/her own a driver's license or permit not issued to him/her by the proper authority;

(4) Displayed or possessed any fraudulently altered, fictitious, facsimile, or simulated driver's license or permit;

(5) Photographed, photostatted, duplicated or in any manner reproduced a driver's license or permit in such a manner that it could be mistaken for a valid driver's license or permit;

(6) Used a false or fictitious name, age or address, or other false information in any application, submitted to the department relative to a driver's license or permit;

(7) Been found in possession of more than one valid driver's license;

(8) Applied for a temporary registration and/or plate contrary to RSA 261:57 or RSA 261:57-a; or

(9) Produced or otherwise provided fraudulent documentation or evidence of compliance with an order(s) of the department.

(b) The commissioner shall, after notice and opportunity for a hearing, suspend a non-driver's identification card if, pursuant to RSA 260:21, IX, there is just cause to withdraw the non-driver identification. Just cause shall include, offenses enumerated in (a) and any other action which contributes to the improper receipt or display of a non-driver's identification card, contrary to RSA 260:21.

(c) Upon receipt of information indicating that any person has committed an unsworn falsification, pursuant to RSA 260:10, the department shall, after notice and opportunity for a hearing, suspend any or a combination of the following:

(1) A driver's license or privilege;

(2) A permit;

(3) A non-driver's identification card; and

(4) A certificate of registration.

(d) When determining what privileges are to be suspended under (c) above, the hearings examiner shall determine the severity of the offense after considering the following:

(1) Which documents were obtained by the individual;

(2) Whether the individual falsified information given to the department; and

(3) Any other evidence relevant to a violation of RSA 260:10.

(e) The privileges to be suspended shall correlate positively with the severity of the offense as determined in (d) above, and after considering any mitigating circumstances.

(f) For the purposes of (c) above, the hearings examiner in making the determination what to suspend, shall not be limited to the privilege, license, permit, card or certificate for which the person was making application for when the person committed an unsworn falsification.

(g) The commissioner shall suspend the registration of any vehicle, after notice and opportunity for a hearing, on receipt of written information indicating that any person to whom said registration is issued has:

(1) Fraudulently altered the registration certificate, validation sticker or plates, or inspection sticker;

(2) Lent his or her registration plates or validation stickers to another person;

(3) Affixed or allowed any other person to affix his or her registration plate(s) or validation stickers to a vehicle other than that for which they were issued;

(4) Displayed any registration plate(s), validation stickers or certificate(s) that were issued for a vehicle other than that which he or she is driving;

(5) Displayed any fictitious, facsimile, or simulated registration plate(s) or certificate(s);

(6) Used a false or fictitious name, date of birth, address, vehicle identification number, or other false or fictitious information in any application, official form, document or communication submitted to the department relative to vehicle registration;

(7) Displayed on said vehicle any forged or fraudulently altered inspection sticker, any facsimile or copy of any inspection sticker, or any such sticker which was fraudulently issued or was not issued by an official inspection station; or

(8) Applied for a temporary registration and/or plate in violation of law.

(h) Notwithstanding any rule to the contrary, the commissioner or director shall suspend a person's driver's license prior to a hearing, pursuant to RSA 263:59, if:

(1) The person admits to making a material false statement in his or her application for a driver's license; or

(2) The department receives evidence that indicates the person made a materially false statement in his or her application for a driver's license.

History

#6337, eff 9-25-96 (from Saf-C 203.14); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.16 Operation After Suspension or Revocation {#sec-saf-c-204.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.16}

(a) Upon receipt of information indicating that any person has been convicted of driving a vehicle after suspension or revocation of the driver's license, the commissioner shall, after notice and a hearing, extend the period of such suspension(s) or revocation(s) in effect for an additional period of the same duration, unless extenuating circumstances exist such as, but not limited to:

(1) Failure to receive notice of suspension or revocation; or

(2) Failure of an insurance company to act in a timely manner.

History

#6337, eff 9-25-96 (from Saf-C 203.15); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.17 Refusal to Surrender Articles {#sec-saf-c-204.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.17}

(a) The commissioner shall extend the period of suspension or revocation of any registration, license, or permit in any case in which a person fails or refuses to comply with an order to return any suspended or revoked registration plates or certificate, license or permit to the department unless extenuating circumstances exist. Extenuating circumstances shall include but not be limited to failure to receive notice of suspension or revocation, or failure of an insurance company to file proof of insurance in the form of an SR-22 certificate in a timely manner.

(b) Parties aggrieved by this decision may submit a written request to the department for a hearing.

(1) A person shall be deemed to have failed or refused to comply with an order if the person does not mail or deliver the suspended/revoked items to the department within 5 working days of the effective date of any suspension or revocation; and

(2) The maximum additional period imposed under this section shall be equal to the period of time during which any person fails or refuses to return any suspended or revoked item to the department. Calculation of the maximum period shall commence after the expiration of the 5 working day period set forth in (c)(1) above.

History

#6337, eff 9-25-96 (from Saf-C 203.16); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.18 Division Files {#sec-saf-c-204.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.18}

(a) "The date of conviction", for the purposes of this section, means:

(1) The date of the original conviction;

(2) Date of final conviction that resulted from an appeal; and/or

(3) In the case of refusal to consent, the date of the act of refusal.

(b) For the purpose of consideration of enhanced penalties for driving while intoxicated convictions, pursuant to RSA 265-A:18, prior refusal of consent to submit to testing for blood alcohol content, pursuant to RSA 265-A:14, and administrative license suspension, RSA 265-A:30, records older than 10 years shall not be considered by the department.

(c) Nothing in this section shall be construed as preventing the department from maintaining records for a longer period of time for use in consideration in hearings or determinations in areas other than enhancement of sanctions, such as for persons hazardous to public safety under Saf-C 204.13.

History

#6337, eff 9-25-96 (from Saf-C 203.18); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.19 Suspension of Registration {#sec-saf-c-204.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.19}

(a) The commissioner shall suspend the registration and corresponding plates if there is evidence on file indicating the vehicle's owner has:

(1) Allowed the vehicle to be driven in violation of any provisions under title XXI;

(2) Made false statements on the registration application; or

(3) Submitted a written request to the commissioner or director asking that the registration certificate and plates be suspended.

(b) Prior to suspending under (a)(1) or (2) above, the owner shall be afforded an opportunity for a hearing.

(c) Notwithstanding (a)(1) and (2) above nothing shall prohibit the commissioner from immediately suspending the registration and plates, if there is evidence from law enforcement officer(s) indicating the vehicle is an immediate hazard to public safety and is not capable of passing inspection.

(d) Anyone aggrieved by the action taken pursuant to (c) above shall be entitled to a hearing. A hearing shall be scheduled within 15 days from receipt of the request.

History

#6337, eff 9-25-96 (from Saf-C 203.19); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 204.20 Alcohol Program Completion Hearings {#sec-saf-c-204.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 204.20}

(a) Any person who attends an approved alcohol program as required by RSA 265-A:42, and is diagnosed during the final exit evaluation with substance abuse, alcohol abuse, or alcohol dependence may request a hearing within 20 calendar days if s/he does not agree with the diagnosis and/or further counseling requirements.

(b) Hearings may be requested by writing to the department of safety, bureau of hearings, 33 Hazen Drive, Concord, NH 03305 within 20 calendar days. Requests received after 20 days shall be denied.

(c) The bureau of hearings shall notify the person and the approved alcohol program provider of the time, date, and location of the hearing.

(d) There shall be a rebuttable presumption that the approved alcohol program provider’s evaluation is correct if the approved alcohol program provider complied with He-A 500, He-A 700, or He-A 900, as appropriate.

(e) Prior to hearing, the person may obtain evidence to rebut the evaluation in (a), including:

(1) A second opinion from a state licensed alcohol and/or drug abuse counselor as specified in He-A 707.16 or He-A 907.15, at his/her own expense;

(2) Copies of the second evaluation shall be given to the original approved alcohol program provider before the hearing;

(3) Any evidence showing that the approved alcohol program provider did not comply with He-A 500, He-A 700, or He-A 900; and

(4) Any other evidence that the person believes demonstrates that the evaluation was incorrect.

(f) If an alcohol evaluation was not performed during the 12-months preceding the hearing, the person shall obtain a new evaluation from a state certified alcohol and/or drug abuse counselor before the hearing.

(g) The scope of the hearing shall be limited to whether:

(1) The person has successfully completed an approved alcohol program;

(2) The diagnosis is supported by the evidence and/or further counseling requirements are appropriate;

(3) The person has a medical or other condition that is not controlled and constitutes a hazard to public safety; and

(4) The person is eligible for license restoration.

(h) Following hearing, the examiner shall:

(1) Sustain the diagnosis and/or counseling requirements and order the person to complete counseling as specified by the approved alcohol program provider prior to restoration of his/her driving license or privilege; or

(2) In cases where the person does not challenge the diagnosis, but does challenge the counseling requirement, either:

a. Sustain the counseling as specified by the alcohol program provider; or

b. Modify the counseling including the following options, or any combination thereof:

Recognized alcohol or drug abuse self-help groups;
Outpatients with a state licensed alcohol and/or drug abuse counselor;
Residential treatment facilities; and/or
Counseling with a licensed psychologist who holds a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance abuse disorders;

(i) If a person believes that he or she has completed the counseling requirements specified in the hearings examiner's decision issued under (i), above, he or she may request in writing that the hearings examiner review the file to determine whether the person has complied with the counseling requirements.

(j) Upon finding that the person complied with the hearings examiner’s decision in (h), above, the hearings examiner shall issue a decision finding compliance with RSA 265-A:42, II.

(k) If the hearings examiner finds that a person has not complied with the hearings examiner’s decision in (h), then the hearing examiner shall notify the person in writing that:

(1) He or she has an opportunity for a hearing to show how he or she has complied;

(2) Requests shall be made in writing and addressed to the department of safety, bureau of hearings, 33 Hazen Drive, Concord, NH 03305; and

(3) If no hearing is requested, the person shall not be eligible for restoration until such time as a hearing is requested and a hearings examiner finds compliance with a decision issued under (h), above.

(l) The scope of the hearing shall be limited to whether the person complied with the hearings examiner’s decision under (h), above.

History

#7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 205 Reissuance of License or Registration

N.H. Code Admin. R. Ann. Saf-C 205.01 Request for Restoration {#sec-saf-c-205.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.01}

(a) Any person whose driver's license, privilege to operate a motor vehicle, or motor vehicle registration has been revoked or suspended, shall prior to seeking restoration, comply with the administrative requirements contained in the disposition of their hearing. Restoration shall not occur until evidence is on file documenting full compliance with all the requirements outlined in the hearing.

(b) When any license has been suspended under RSA 263:56-a or when any suspension or revocation is for a period greater than 15 calendar days, said license shall not be restored until the fee specified in RSA 263:42, V, has been paid.

(c) Pursuant to RSA 265-A:22, a person shall not have his/her license restored until all his/her obligations resulting from his/her arrest and conviction are met.

(d) No person shall have his/her license restored if it is determined that there are other revocations or suspensions in effect under any other statute or rule or regulation, including reciprocity agreements and requirements.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 205.02 Restoration: Reckless Driving {#sec-saf-c-205.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.02}

Any person whose driver's license or driving privilege has been revoked pursuant to RSA 265:79, shall have such license or privilege restored if the following conditions are met:

(a) The period of revocation imposed by the court has expired;

(b) In a case involving reciprocity, the revocation imposed by the department has expired;

(c) Any revoked license has been physically surrendered to the division as required or the respondent has notified the department that the license was lost or stolen;

(d) There is no evidence of continued driving of a motor vehicle in this state during the revocation period;

(e) A license application and fee are on file with the division if the driver's license has expired or if the revokee is a new resident;

(f) The fee, required pursuant to RSA 263:42, V, has been paid;

(g) The person's record has been reviewed to assure complete compliance with applicable statutes and rules;

(h) All court fines have been paid and defaults cleared; and

(i) There are no other revocations or suspensions in effect under any other statute or rule including reciprocity agreements and requirements.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 205.03 Restoration: Possession of Drugs {#sec-saf-c-205.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.03}

Prior to such restoration, the hearings examiner shall make further inquiry into the person's fitness to drive if s/he has evidence that such person has a drug abuse problem which might affect his/her ability to drive a motor vehicle safely.

History

#3170, eff 12-31-85; #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 205.04 Restoration: Influence of Alcohol or Drugs {#sec-saf-c-205.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.04}

(a) Any person whose driver's license or operating privilege has been revoked pursuant to RSA 265-A:2 or 265-A:3, or RSA 263:65 for a out of state conviction shall have such license or privilege restored upon meeting the following requirements:

(1) The period of revocation imposed by the court has expired;

(2) Any revoked license has been physically surrendered to the division as required, or the person has notified the department that the license was lost or stolen;

(3) A license application and fee are filed with the division if the revoked New Hampshire license expired or if the revokee is a new resident;

(4) The fee required by RSA 263:42, V, has been paid;

(5) All court fines have been paid and defaults cleared;

(6) The person’s file reflects documentation of successful completion of an approved alcohol education program;

(7) A negative alcohol evaluation report pursuant to Saf-C 204.02 is on file;

(8) All requirements imposed by the court in conjunction with its findings have been complied with, including but not limited to:

a. Driver certification; or

b. Professional counseling;

(9) Proof of financial responsibility in the form of an SR-22 certificate is on file; and

(10) There are no other revocations or suspensions in effect under any other statute, rule or regulation including reciprocity agreements and requirements.

History

#3170, eff 12-31-85; #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 205.05 Restoration to Persons Found Not Guilty of Driving While Intoxicated {#sec-saf-c-205.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.05}

Upon receipt of a court abstract indicating that the person has been found not guilty in superior or district court, Saf-C 205.03 shall not apply and such license or driving privilege revoked pursuant to RSA 265-A:2 or 265-A:3-a shall be restored provided there are no other active suspensions or revocations in effect under any other statute or rule including reciprocity agreements and requirements.

History

#3170-a, eff 12-31-85; #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

(a) Any person whose license or privilege to drive a motor vehicle in this state has been suspended pursuant to RSA 265-A:30 or 265-A:14, shall have such license or privilege restored upon compliance with the requirements set forth in (b) below.

(b) Pursuant to (a) above, a person's license shall be restored if:

(1) The period of the original suspension imposed by the department has expired unless the original order was modified at the hearing;

(2) Any license suspended by the department has been physically surrendered or the respondent has notified the department that the license was lost or stolen;

(3) The fee required pursuant to RSA 263:42, V, has been paid;

(4) A review of the person's record discloses total compliance with applicable statutes and rules; and

(5) There are no other revocations or suspensions in effect under any other statute or rule including reciprocity agreements and requirements.

History

#3170, eff 12-31-85; #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by #6068, eff 7-28-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

(a) Saf-C 205.05 notwithstanding, a hearing examiner shall deny restoration of a license or driving privilege revoked pursuant to RSA 265-A:30 or RSA 265-A:14, if:

(1) Any court, department, division or administrative action has imposed an additional revocation of license or driving privileges;

(2) The person has failed to comply with financial responsibility requirements; or

(3) Physical, mental or moral impairment exists that could result in immediate harm to the public should the person's license be restored.

(b) In a case as prescribed by (a)(1) above, the revocation shall run consecutively with the revocation issued pursuant to RSA 265-A:14. Under no circumstances shall said revocations run concurrently.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #5687, eff 8-20-93; amd by #5688, eff 8-20-93; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 205.08 Restoration or Reapplication: Medical Evidence {#sec-saf-c-205.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 205.08}

(a) In the event that a person's license or driving privilege has been suspended or revoked, or an application denied due to a medical condition, the following shall be required from such person prior to restoring said license or privilege:

(1) A current statement of case history;

(2) A current medical evaluation by the treating physician covering:

a. Diagnosis;

b. Treatment;

c. Prognosis;

d. Relationship to the patient's driving ability; and

e. Evidence the person has been symptom-free, for a minimum of 12 months, of the medical condition which led to the existing license or driving privilege suspension; and

(3) Any other relevant evidence as to the medical condition of the applicant which relates to his ability to drive a motor vehicle.

(b) In lieu of the medical evaluation pursuant to (a)(2) above, a person may submit a medical evaluation stating there is no evidence of reoccurrence of the condition which led to the existing medical suspension and that any treatment program, including medication, does not render the person a hazard to public safety or incapable of safe operation of a vehicle.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 206 Habitual Offenders

N.H. Code Admin. R. Ann. Saf-C 206.01 Hearing Order {#sec-saf-c-206.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.01}

(a) Upon receipt of evidence that any person might qualify as an habitual offender within the meaning of RSA 259:39, the commissioner shall issue an order requiring that person to appear for a hearing to show cause why he should not be barred from driving a motor vehicle on the ways of this state.

(b) The order shall be issued to the appropriate law enforcement officer for service on the person.

(d) The order shall be accompanied by form DSBH 14 so the law enforcement officer or agency can document and return to the commissioner the service of process.

(e) The law enforcement officer serving the order shall submit the following on DSBH 14:

(1) The name of the county where service was made;

(2) The date of the service;

(3) The time of the service;

(4) The signature of the law enforcement officer;

(5) The name of the law enforcement agency; and

(6) The signature of the individual served in hand, or if the person refuses to sign, a notation of same by the law enforcement officer.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.02 Scope of Hearing {#sec-saf-c-206.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.02}

(a) The scope of an habitual offender hearing shall be limited to a review of the convictions which shall be used as the basis for finding a person to be an habitual offender.

(b) In the event the commissioner finds there are sufficient convictions to satisfy RSA 259:39, the convictions are valid, and that the person is the same person named in the transcript, the commissioner shall certify the person to be an habitual offender.

(c) If a person is convicted under the laws of another state, of an offense specified in RSA 262:19, V, the conviction shall be used for the purpose of certifying an habitual offender.

(d) Pursuant to RSA 259:39, after a conviction for an offense listed in either RSA 259:39, I or in RSA 259:39, II, and within a 5 year period, a person who has a subsequent single incident resulting in 2 or more convictions of an offense under the same paragraph as the initial conviction, each such subsequent conviction shall be counted separately for the purposes of certifying the individual as an habitual offender.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.03 Burden of Proof {#sec-saf-c-206.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.03}

If the person shall deny any of the facts stated in the transcript or abstract, or deny, in the case of a conviction for a misdemeanor, that he/she was represented by counsel or that there was an appropriate waiver of counsel and acknowledgment of rights documented in the court, then the person shall have the burden of proving that such is untrue.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.04 Commissioner Ordered Prohibition {#sec-saf-c-206.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.04}

(a) If, as a result of the hearing, the commissioner finds a person to be an habitual offender, the commissioner shall cause notice to be served in hand.

(b) The notice in (a) above shall:

(1) Order the person not to drive on the ways of this state until such privilege is restored in writing:

(2) Advise the person that the penalty of driving after being declared an habitual offender is a one to 5 year term of imprisonment;

(3) Indicate the period of time that the habitual offender's license shall be revoked; and

(4) Indicate conditions of probation as authorized pursuant to Saf-C 203.11.

(c) The department shall cause all licenses and permits to drive a motor vehicle on the ways of this state, held by such person, to be surrendered.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.05 Default Judgment {#sec-saf-c-206.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.05}

(a) Failure of the person named in the order to appear for the hearing shall result in a default judgment certifying the person to be an habitual offender if the commissioner determines that:

(1) The convictions contained in the transcript or abstract are valid and are of sufficient numbers to qualify the person as an habitual offender; and

(2) The person named in the order was properly served pursuant to Saf-C 206.01.

(b) The commissioner shall not be required to further contact the person provided the evidence clearly indicates s/he was properly served.

(1) The effective date of revocation and certification as a habitual offender shall be the date of hearing wherein the respondent failed to appear; and

(2) The notice sent date shall be the date of original service on the respondent.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.06 The Habitual Offender Decertification Process and Restoration of License {#sec-saf-c-206.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.06}

(a) The habitual offender certification shall remain in effect until the habitual offender is decertified.

(b) When the original period of certification has expired, if the habitual offender wishes to be decertified, the habitual offender shall submit a written statement requesting a decertification hearing or a decertification record review.

(1) The habitual offender's full name;

(2) The habitual offender's address; and

(3) The habitual offender's date of birth.

(d) The department shall schedule a review hearing within 30 days from the date of receipt of the written request, so long as:

(1) The written request meets the provisions of (c) above;

(2) The habitual offender has been free from incarceration for at least 6 months for a motor vehicle offense;

(3) The habitual offender has complied with all the terms and conditions of the certification order; and

(4) There are no other suspensions/revocations in effect in New Hampshire or any other jurisdiction.

(e) The burden of persuasion for the hearing in this section shall be on the respondent.

(f) The scope of the decertification hearing or review shall be limited to the following:

(1) A review of the record and the division's files to determine if any agency has filed complaints against the habitual offender alleging the habitual offender remains an on-going hazard to the public's safety;

(2) A review of the record to determine if the habitual offender drove a motor vehicle in New Hampshire during the period of revocation or if there are out-of-state convictions during the period of revocation of an offense specified in RSA 262:19, V;

(3) A determination that the habitual offender has no unpaid court fines;

(4) A determination that the habitual offender has no court defaults;

(5) A determination that the habitual offender's driving privileges is not suspended or revoked in any other jurisdiction;

(6) A determination that all alcohol education requirements, pursuant to RSA 265-A:42, have been satisfied;

(7) A determination that current medical information is on file, favorable to the habitual offender, if there was any suspension or revocation activity remaining that was medically related; and

(8) A determination that the habitual offender has been free of confinement or incarceration for a motor vehicle offense, for a period of 6 months or more.

(g) For the purposes of (f)(7) above, any medical information that is older than 6 months shall not be considered current.

(h) When there is an outstanding implied consent revocation to be served, it shall not preclude the decertification process.

(i) If after a hearing, the habitual offender decertification is denied, the habitual offender certification shall remain in full force and effect. The habitual offender may request a decertification hearing once every year thereafter.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.06); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 206.07 Restoration of License or Nonresident Operating Privileges {#sec-saf-c-206.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 206.07}

(a) Once the habitual offender has been decertified, the driver's license or nonresident operating privileges shall be restored upon:

(1) Receipt of evidence that the person has successfully completed an approved driver attitude program pursuant to RSA 263:56-e, I(c) or, pursuant to Saf-C 212.09, the requirement has been waived;

(2) The filing of an SR-22 certificate with the department, pursuant to RSA 262:22, II;

(3) Payment of the restoration fee, pursuant to RSA 263:42, V; and

(4) Serving any outstanding implied consent revocation(s).

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.07); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 207 Financial Responsibility Hearing Requirements

N.H. Code Admin. R. Ann. Saf-C 207.01 Insurance Certificates {#sec-saf-c-207.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.01}

(a) An SR-22 certificate filed pursuant to any law or rule shall include:

(1) The insured's name and date of birth;

(2) The insured's address;

(3) The name of the insurance company;

(4) The policy number;

(5) The effective date of the policy; and

(6) The type of coverage in effect.

(b) An SR-26 certificate filed pursuant to any law or rule shall include:

(1) The insured's name and date of birth;

(2) The insured's address;

(3) The name of the insurance company;

(4) The policy number;

(5) The effective date of the policy; and

(6) The effective date of the cancellation or termination of the policy.

History

#2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss by #6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.02 Homicide or Assault with a Motor Vehicle {#sec-saf-c-207.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.02}

(a) Upon receipt of an abstract of the record of conviction of a person for homicide or assault arising out of the driving of a vehicle, the financial responsibility administrator shall forward or cause to be forwarded to that person a notice of action by first class United States mail or hand service advising the person of:

(1) The requirement to file proof of financial responsibility in the form of an SR-22 certificate; and

(2) The department's intent to suspend such person's license and registration certificate and plates 30 days subsequent to the issuance of said notice of intent if there is noncompliance with (a) above.

(b) The financial responsibility administrator or hearings examiner shall, upon request, issue an amended notice allowing the person an additional 10 days in which to comply with the filing requirement.

(c) In the event such person, as described in paragraph (a) fails to file proof of financial responsibility, the financial responsibility administrator shall suspend such person's license and registration certificate and plates.

(d) Whenever the SR-22 certificate is filed with the director prior to the effective date of suspension, no suspension shall occur.

(e) In the event the SR-22 certificate is filed subsequent to suspension, all applicable rules and statutes shall be complied with to effectuate restoration.

(f) The provisions of this section shall be of general application but shall not supersede any court imposed suspension/revocation or insurance filing or action taken pursuant to Saf-C 209.

History

#2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.03 Failing to Stop and Report an Accident {#sec-saf-c-207.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.03}

(a) Upon receipt of an abstract of the record of conviction of a person for failing to stop and report when involved in an accident, the financial responsibility administrator shall forward or cause to be forwarded to the person a notice of action by first class United States mail or hand service advising the person of:

(1) The requirement to file proof of financial responsibility in the form of an SR-22 certificate; and

(b) The financial responsibility administrator or hearings examiner shall upon request, issue an amended notice allowing the person an additional 10 days in which to comply with the filing requirement.

(c) In the event such person, as described in paragraph (a), fails to file proof of financial responsibility, the financial responsibility administrator shall suspend such person's license and registration certificate and plates.

(d) Whenever the SR-22 certificate is filed with the director prior to the effective date of suspension, no suspension shall occur.

(e) In the event the SR-22 certificate is filed subsequent to suspension, all applicable rules and statutes shall be complied with to effectuate restoration.

(f) The provisions of this section shall be of general application but shall not supersede any court imposed suspension/revocation or insurance filing.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.04 Four or More Speeding Convictions {#sec-saf-c-207.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.04}

(a) Upon receipt of abstracts of the record of convictions of a person for 4 or more speeding convictions, based on violations within the same calendar year, the financial responsibility administrator shall forward or cause to be forwarded to the person a notice of action by first class United States mail or hand service advising the person of:

(1) The requirement to file proof of financial responsibility in the form of an SR-22 certificate; and

(d) Whenever the SR-22 certificate is filed with the director prior to the effective date of suspension, no suspension shall occur.

(e) In the event the SR-22 certificate is filed subsequent to suspension, all applicable rules and statutes shall be complied with to effectuate restoration.

(f) The provision of this section shall be of general application but shall not supersede any court imposed suspension/revocation or insurance filing or action taken pursuant to Saf-C 212.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.05 Reckless Driving {#sec-saf-c-207.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.05}

(a) Upon receipt of an abstract of the record of conviction of a person for the second time for driving a vehicle in a reckless manner within 5 years, based on the date of violation, the financial responsibility administrator or hearing examiner shall forward, or cause to be forwarded to the person, a notice of action by first class United States mail or hand service advising the person of:

(1) The requirement to file proof of financial responsibility in the form of an SR-22 certificate; and

(b) The financial responsibility administrator or hearing examiner shall, upon request, issue an amended notice allowing the person an additional 10 days in which to comply with the filing requirement.

(d) Whenever the SR-22 certificate is filed with the director prior to the effective date of suspension, no suspension shall occur.

(e) In the event the SR-22 certificate is filed subsequent to suspension, all applicable rules and statutes shall be complied with to effectuate restoration.

(f) The provisions of this section shall be of general application but shall not supersede any court imposed suspension or insurance filing requirement.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.06 Owner/Non-Owner Designation Required {#sec-saf-c-207.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.06}

(a) Whenever proof of financial responsibility is required, it shall be furnished, in duplicate, by an SR-22 certificate pursuant to RSA 264:21 and RSA 259:9. An SR-22 certificate shall not contain a cancellation date.

(b) The certificate shall clearly set forth whether the type of coverage afforded is:

(1) If owner coverage, whether it is applicable to any vehicles owned; or

(2) If non-owner applicable to any non-owned vehicle.

(c) Whenever proof of financial responsibility is canceled, the insurance company shall furnish the department with an SR-26 certificate that shall effectively cancel any SR-22 filings from that company bearing identical policy number(s).

(d) All such certificates shall contain an official signature of the insurer.

(e) The department shall not be responsible for verifying the authenticity of the signatures on the SR-22 or SR-26 certificates.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.07 Decertified Habitual Offenders {#sec-saf-c-207.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.07}

Notwithstanding Saf-C 207.12(a), the requirement to file proof of financial responsibility shall be terminated by a hearings examiner or the financial responsibility administrator after 3 years from the habitual offender’s date of eligibility for driver’s license/operating privileges, as determined at the decertification hearing.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.08 Restoration of Registration {#sec-saf-c-207.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.08}

Restoration shall be based on the type of filing made. In cases where non-owner's coverage is filed, registration of a vehicle shall not be permitted and active registration shall be suspended until evidence of owner coverage on any such vehicle is filed with the director.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.07); ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.09 Cancellation of Coverage {#sec-saf-c-207.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.09}

On receipt of an insurer's intention to cancel a person's proof of financial responsibility in the form of an SR-26, the commissioner shall:

(a) Forward or cause to be forwarded a notice of action to the named insured advising him of such cancellation; and

(b) Advise the named insured that his license and registration shall be suspended 20 days after the issuance of such notice if an SR-22 certificate is not filed within that period.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.08); ss by #10395-B, ef 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.10 Notice of Suspension {#sec-saf-c-207.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.10}

(a) In the event a suspension of license or registration or both is effected due to a failure to file an SR-22 certificate as required, the financial responsibility administrator shall forward, or cause to be forwarded, a notice of suspension to the address of record of such person by first class mail.

(b) In such letter, the suspended licensee or registrant shall be directed to surrender his/her license and registration certificate and registration plates.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 206.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.09); ss by #10395-B, ef 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.11 Failure to Surrender License, Plates, Registration {#sec-saf-c-207.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.11}

In the event a person is advised by letter to surrender his or her license and/or registration certificate and plates, and such person fails to comply,

the financial responsibility administrator or hearing examiner shall, after 15 working days from the effective date of the suspension or revocation, forward a pickup order to a law enforcement officer to retrieve such items.

History

#5274, eff 11-20-91; ss by #5688, eff 8-20-93; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 206.10); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.10); ss by #10395-B, ef 8-15-13

N.H. Code Admin. R. Ann. Saf-C 207.12 Cancellation of Requirement for Proof of Financial Responsibility {#sec-saf-c-207.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 207.12}

(a) The requirement to file proof of financial responsibility shall be terminated by a hearings examiner or the financial responsibility administrator after 3 years from the date of accident involvement, final conviction, or administrative action requiring such proof.

(b) The filing period shall be extended for a period of 3 years from the date of a record of the following subsequent activities:

(1) Uninsured accident involvement;

(2) A conviction under RSA 259:39, I, with a violation date occurring during the required filing period;

(3) Any administrative action resulting from a hearing, imposing the filing of an SR-22 certificate;

(4) An unsatisfied judgment that resulted from an uninsured motor vehicle accident;

(5) Certification as an habitual offender; and

(6) Other actions, pursuant to RSA 264:2 and RSA 264:3, which require furnishing proof of financial responsibility.

(c) A person convicted of driving while intoxicated second offense or subsequent offense shall file proof of financial responsibility for 3 years from the date of eligibility for restoration.

(d) If an individual is in default of an agreement pursuant to Saf-C 208.12, that person shall not be relieved from the SR-22 filing requirement until the agreed amount has been paid in full.

(e) The financial responsibility administrator or hearing examiner shall notify the named insured and the insurance company when an SR-22 filing is no longer required.

History

#8230-B, eff 12-17-04 (formerly Saf-C 207.11); ss by #10395-B, ef 8-15-13

Part Saf-C 208 Accident Reports, Hearings

N.H. Code Admin. R. Ann. Saf-C 208.01 Uniform Police Traffic Accident Report {#sec-saf-c-208.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.01}

(a) The report of investigation of accidents required pursuant to RSA 264:26, shall be submitted to the division on form DSMV-159.

(b) The investigating law enforcement officer shall submit the following on form DSMV-159:

(1) The location of accident, including the:

a. Route number/street name;

b. Distance from and name of nearest intersecting road, bridge, town line;

c. City or town, and county;

d. Relative distance to nearest nodes or mile markers, if interstate highway; and

e. Posted speed;

(2) The day, date and time of accident;

(3) The total number of:

a. Killed;

b. Injured; and

c. Vehicles;

(4) The time that the:

a. Police were notified;

b. Police arrived; and

c. Ambulance arrived;

(5) Which police department was involved;

(6) The identification of drivers, pedestrians, and bicyclists, including:

a. Their names;

b. Their addresses;

c. Their license numbers;

d. Their license classifications;

e. Their dates of birth;

f. Their sex; and

g. An indication as to whether license restrictions/endorsements were complied with;

(7) Identification of owners and vehicles involved, including:

a. Their names;

b. Their addresses;

c. Their vehicle identification numbers;

d. The make of each vehicle;

e. The year of manufacture for each vehicle;

f. The plate numbers and state where issued;

g. The trailer plate number and state where issued, if

applicable; and

h. The insurance company and policy number or indication as to whether an insurance card, DSMV 385, was issued;

(8) An indication as to whether the accident involved:

a. A commercial vehicle; or

b. Hazardous materials;

(9) The probable points of impact for any vehicle;

(10) A diagram of accident;

(11) A recommendation to division relative to hearing or driver re-examination, including a report describing the reason for the recommendation;

(12) An indication as to whether vehicle was towed, and if so, by whom and to what destination;

(13) A narrative description of accident;

(14) Summaries of any driver's statements;

(15) The name, address, and phone number of each occupant or witness;

(16) The signature of the investigator, and the date, department, division, or troop; and

(17) An indication as to whether photographs of the scene were taken.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.01); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, ef 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.02 Operator's Report of Accident {#sec-saf-c-208.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.02}

(a) A person required by RSA 264:25 to report an accident shall submit form DSMV 400 to the division.

(b) A person required by RSA 264:25 to report an accident shall submit the following on form DSMV 400:

(1) A statement as to the day, date and time of accident;

(2) A description of the location of accident, including:

a. Route number or street name;

b. Nearest intersecting route number or street name; and

c. City or town, and county;

(3) The number of vehicles involved;

(4) A statement as to whether police investigated at scene;

(5) A statement as to identification of drivers, including:

a. Their names;

b. Their addresses;

c. Their telephone numbers;

d. Their license numbers, states where issued, and classifications;

e. Their dates of birth; and

f. Their sex;

(6) A statement as to the identification of the owner of the vehicle driven by each driver, including:

a. Their name;

b. Their addresses; and

c. Their telephone numbers;

(7) A statement as to the identification and description of the vehicle of each owner, including:

a. Its year of manufacture;

b. Its make;

c. Its plate number and state where issued;

d. Its trailer plate number and state where issued, if applicable;

e. Its vehicle identification number;

f. A description of the extent of the damage and estimated cost of repair; and

g. An indication as to whether the vehicle is a commercial motor vehicle;

(8) A diagram of the accident;

(9) A narrative description of accident;

(10) Description of occupants and witnesses, including:

a. Their names;

b. Their addresses and phone numbers;

c. Their ages;

d. Their sex;

e. An indication as to whether safety equipment was used;

f. A statement as to the type and location of injury;

g. An indication as to whether the individual was a vehicle occupant, bicyclist, or pedestrian;

h. A statement as to the injured person's position in or on vehicle, motorcycle, bicycle, or snowmobile;

i. A statement as to whether helmet was worn; and

j. A statement as to whether the injured person was thrown from vehicle;

(11) The following regarding the operator's insurance:

a. The name of the company;

b. The insured's agent;

c. The insured's agent's address;

d. The policy number; and

e. The effective date of the policy;

(12) A description of property, other than vehicle, damage;

(13) A statement as to the details of the accident, including:

a. The type of accident, such as:

Collision; or
Noncollision;

b. A description of any object struck;

c. The accident's location;

d. A description of any traffic controls;

e. A description of the road design;

f. A statement as to the road surface condition;

g. A description of the weather at the time of the accident;

h. A description of the types of vehicles involved in the accident;

i. A statement as to the directions in which the vehicles were traveling; and

j. A statement as to the pre-accident action of vehicles, bicyclists, or pedestrians; and

(14) The signature of the operator and the date of the report.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.03 Failure to File Accident Report {#sec-saf-c-208.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.03}

If a person fails to file an accident report as required under RSA 264:3 and RSA 264:25, the financial responsibility administrator shall forward or cause to be forwarded by first class mail a notice of suspension of license and registration to the person’s last known address.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.04 Late Report After Suspension {#sec-saf-c-208.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.04}

If an accident report in compliance with RSA 264:3, RSA 264:25, RSA 264:26 and these rules is received subsequent to the action required by Saf-C 208.03, the license and registration of the person required to submit such accident report shall be restored, unless an examination of such person’s file by the financial responsibility administrator or a hearings examiner shows that the person’s license or registration or both has been suspended on other grounds and that the criteria for restoration of such license or registration based upon such other grounds have not been satisfied.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.05 Evaluation of Accident Reports {#sec-saf-c-208.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.05}

(a) Upon receipt of any accident report, the department's accident evaluator shall:

(1) Review the accident report and any related documentation submitted;

(2) Determine if the operator, at the time of the accident, was self-insured, based upon evidence on file with the department;

(3) Determine if the owner had in effect, at the time of the accident, an automobile liability policy with respect to the vehicle involved in the accident;

(4) Determine whether the operator or owner had in effect at the time of the accident any other form of coverage;

(5) Determine whether the vehicle at the time of the accident was legally parked;

(6) Determine whether the owner of the vehicle at the time of the accident was:

a. The United States Government;

b. The state; or

c. A city or town; and

(7) Determine whether the driver was a town police officer or state employee while on official duty.

(b) If the review in (a) above results in a conclusion that there is a reasonable possibility of judgment against the uninsured motorist in any civil litigation, then the reviewer shall establish the security requirement in the amount sufficient to satisfy any judgment.

(1) A standard interest bearing savings account in the exact amount specified, accompanied by a signed order of withdrawal;

(2) A certified check or money order for the exact amount specified; or

(3) Cash for the exact amount specified.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by#10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.06 Computation of Security Requirement Amount {#sec-saf-c-208.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.06}

(a) In the event that security is deemed to be required, pursuant to Saf-C 208.05(b), the amount of such security shall reflect a reasonable prediction of the extent of personal injury and property damage costs.

(b) The following criteria shall be considered in determining the predicted cost from personal injury:

(1) The description of the injury;

(2) The probable length of recovery time;

(3) The age of the injured party;

(4) All medical, dental, and hospital costs;

(5) The prospects of disability; and

(6) The severity of property damage in relation to the described injury.

(d) Information for making a determination pursuant to (a) above, shall be obtained from:

(1) Medical or dental reports;

(2) Schedules for approximate costs of injuries and physical disabilities; and

(3) Schedules from health and accident insurance companies.

(e) The amount of security required due to property damage shall be on the basis of one or more of the following:

(1) Repair estimates, one or more;

(2) Current new or used car guides; and

(3) Initial or supplemental estimates from a repair facility or automotive body shop as obtained and submitted from the involved parties;

(f) Notwithstanding (d)(1) through (d)(4), the dollar amount shall not exceed the provision specified in RSA 264:20.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #6068, eff 7-28-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.07 Non-Response for Information Needed to Determine Security Requirement {#sec-saf-c-208.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.07}

If a person fails to respond within 20 days to the request from an evaluator and/or the financial responsibility administrator for the information necessary to determine the amount of the required security, the financial responsibility administrator and/or accident evaluator shall utilize the criteria under Saf-C 208.06 (e) to determine an amount of security. This amount shall be adjusted upon the submission of documentation substantiating actual cost of the repair or replacement to property.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 207.061); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.08 Notice of Security Requirement {#sec-saf-c-208.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.08}

(a) In the event security is determined to be required from a driver or owner, the department shall forward a notice to the appropriate person(s).

(b) The notice in (a) above shall include:

(1) The reason(s) for the imposition of the requirement;

(2) The amount of security required;

(3) Request for a hearing instructions regarding the person's eligibility for hearing;

(4) A statement as to the department's intention to suspend the license and registration for failure to deposit security as required;

(5) A statement as to the department's intention to suspend the license and registration for failure to file proof of financial responsibility in the form of an SR-22 certificate; and

(6) A statement indicating that absent good cause, no hearing shall be held if requested after 30 days from the date the notice was issued.

History

#6337, eff 9-25-96 (from Saf-C 207.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.09 Failure to Deposit Security: Suspension {#sec-saf-c-208.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.09}

(a) After 30 days from the issuance of the notice required in Saf-C 208.08, the financial responsibility administrator shall suspend the license and registration or non-resident driving privileges of the person named in the notice unless:

(1) Security in the required amount and form has been deposited and proof of financial responsibility has been filed in the form of an SR-22 certificate clearly setting forth whether the type of coverage is owner or non-owner;

(2) The request for hearing has been received by the department; or

(3) The named party has presented evidence of a release, covenant not to sue, or final adjudication of non-liability.

(b) If a hearing is requested, the hearings examiner shall determine the amount of security required to be posted pursuant to Saf-C 208.06. If security and financial responsibility are required, the hearings examiner shall suspend the license and registration of the person 30 days from the date of his decision unless or until the requirements are met.

(1) Whether the respondent or the respondent's vehicle was involved in an accident on the date alleged in the notice of suspension;

(2) Whether appropriate insurance was in effect at the time of the accident;

(3) Whether the accident was reportable under RSA 264:25; and

(4) Whether based on the evidence presented by the respondent, there exists doubt as to whether a judgment would be obtained, taking into consideration the provisions of RSA 507:7-d.

History

#6337, eff 9-25-96 (from Saf-C 207.08); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.10 Withdrawal of Security Requirement {#sec-saf-c-208.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.10}

(a) Security deposits shall be withdrawn in any of the following instances:

(1) By assignment of any part or all of the deposit of security to a party in whose favor judgment is obtained as deemed necessary by the court order;

(2) A settlement between the parties wherein assignment and release forms are executed; or

(3) After a 2 year period has elapsed since the accident, and there is no evidence of suit against the depositor.

(b) Any request for withdrawal of the deposit of security shall be made in writing to the department.

History

#6337, eff 9-25-96 (from Saf-C 207.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.11 Unsatisfied Judgments {#sec-saf-c-208.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.11}

(a) Upon receipt of a court judgment that is unsatisfied that resulted from an uninsured accident, the financial responsibility administrator shall issue a suspension order effective 30 days subsequent to the date of notice. This notice shall include a copy of the court's judgment and advise the recipient of his right to request a hearing.

(b) The scope of such a hearing shall be limited to:

(1) Whether the recipient is the same person named in the court's decision; and

(2) Whether the accident, if in-state, was reportable under RSA 264:25.

History

#6337, eff 9-25-96 (from Saf-C 207.10); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 208.12 Failure to Pay an Agreement with a Creditor {#sec-saf-c-208.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 208.12}

(a) Pursuant to RSA 264:11, a debtor who fails to pay any installment as specified in an agreement with a creditor shall have his/her license, driving privileges and registration suspended. Upon receipt of notification of non-payment of agreement, the financial responsibility administrator shall issue a suspension order effective 10 days subsequent to the date of the notice. The notice shall advise the recipient of his/her right to request a hearing.

(b) The scope of the hearing shall be limited to:

(1) Whether the recipient entered into a security release agreement with the aggrieved party or parties; and

(2) Whether the recipient is in compliance with the agreement.

History

#6337, eff 9-25-96 (from Saf-C 207.11); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 209 Procedures in Cases of Fatal Accidents

N.H. Code Admin. R. Ann. Saf-C 209.01 Suspension Upon Findings {#sec-saf-c-209.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.01}

(a) On receipt of a written report indicating that the surviving driver involved in an accident, wherein one or more persons lost their lives, drove a vehicle in an improper or illegal manner and contributed materially to the accident and the resulting death, the director of motor vehicles shall forward a notice of suspension to such driver.

(b) The effective date of such suspension shall be 5 days subsequent to its issuance.

(1) The time, date, and location of the accident;

(2) The name of any deceased;

(3) A letter signed by the commissioner noting the effective date of the suspension and the authority therefore; and

(4) Reasons for the suspension order.

(d) In those cases where such a report indicates the driver might have contributed materially to the resulting accident or death and the driver is not determined to be an immediate hazard, the department shall schedule a hearing prior to suspension.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 208.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 209.02 Request for Hearing {#sec-saf-c-209.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.02}

For any hearing scheduled under the provisions of RSA 263:56 or 263:59 regarding a fatality, the decedent's next of kin shall receive notice of the hearing and shall have the right to be present at the hearing. Next of kin shall be deemed to have been properly notified by certified mail with return receipt requested to at least one of the next of kin who is listed in RSA 259:66-a

and who has been identified as a result of a review of department records or of information made known to the department.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 208.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 209.03 Summary of Findings {#sec-saf-c-209.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.03}

(a) The hearings examiner shall file with the department a published summary of the hearing, which shall include all findings of fact and conclusions of law and disposition. Such summary of findings may be made orally at the hearing, but a written summary shall be issued to the respondent or the respondent’s representative within 15 working days following the conclusion of the hearing.

(b) Such summary shall be available to any person in attendance on request and payment of the prescribed fee detailed in Saf-C 203.13.

(c) In proceedings concerning accidents involving motor vehicle fatalities, the hearings examiner shall not give weight to the lack of a criminal prosecution relative to the accident, in making the decision concerning license suspension or revocation.

History

#6337, eff 9-25-96 (from Saf-C 208.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 209.04 Statement of Next of Kin of Deceased {#sec-saf-c-209.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.04}

(a) "Next of kin", for the purpose of this section, means at least one party listed in RSA 259:66-a and who has been identified as a result of a review of department records or of information made known to the department.

(b) Testimony from the next of kin shall be considered by the hearings examiner only after the hearings examiner’s findings have been made and in consideration of the appropriate sanction.

(c) Next of kin may submit to the hearings examiner oral testimony or written statements which may contain such information or opinions concerning the accident, the person responsible and the appropriate sentence.

(d) A copy of the written statement submitted to the department by next of kin shall be made available to the respondent who is the subject of the hearing, or his representative. The respondent or the respondent’s representative shall be afforded 15 working days to provide relevant written evidence and statements for dispositional purposes.

(e) Nothing in this section shall be construed as preventing the hearings examiner from imposing an indefinite suspension of license or driving privileges until said rebuttal is considered by the hearings examiner in the decision.

History

#6337, eff 9-25-96 (from Saf-C 208.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 209.05 Decision of Hearing Examiner {#sec-saf-c-209.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.05}

(a) The hearings examiner's disposition and sanction shall be imposed within 15 working days after the close of evidence. Dispositions and sanctions of the hearings examiner shall be based on the findings of fact and conclusions of law as made by the hearings examiner.

(b) The hearings examiner shall forward a copy of the decision to the parties and the decision of the hearings examiner shall be available to individuals in attendance on request and payment of the fee prescribed in Saf-C 203.13.

(c) The decision shall include the length of suspension or revocation, if any, and the appropriate appeal mechanism available, pursuant to RSA 263:76.

(d) A copy of such decision shall be forwarded to the complainant in attendance at the hearing.

(e) The hearings examiner shall forward a copy of the decision to the next of kin by first class mail. If aggrieved by the decision, the next of kin shall, pursuant to RSA 263:56, IV, have standing under RSA 263:76 to file a petition in the superior court for review of the questions of law in the decision.

History

#6337, eff 9-25-96 (from Saf-C 208.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 209.06 Restoration: Fatal Accident Involvement {#sec-saf-c-209.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 209.06}

(a) On receipt of a petition for reinstatement subsequent to suspension for fatal accident involvement pursuant to RSA 263:56 or 263:59, the commissioner or director, after a hearing, shall restore the privilege to drive a motor vehicle on the ways of this state provided the following conditions have been met:

(1) There is indication through any additional investigation that the applicant is no longer a hazard to public safety. Such investigation shall include a report from a probation/parole officer if applicable;

(2) There is no evidence the applicant drove a motor vehicle on the ways of this state during the period of suspension;

(3) The fee pursuant to RSA 263:42, V, has been paid;

(4) All court fines have been paid;

(5) Any defaults have been cleared;

(6) There are no court imposed sanctions resulting from the fatal accident that remain unsatisfied;

(7) The hearing and record review clearly indicate the defendant is in complete compliance with applicable statutes and rules;

(8) Proof of financial responsibility in the form of an SR-22 certificate is on file with the division for a minimum of 3 years from the date of eligibility; and

(9) There are no other revocations or suspensions in effect under any other statute or rule, including reciprocity agreements and requirements.

(b) The commissioner or director shall require:

(1) A license examination as appropriate;

(2) A medical evaluation as prescribed in Saf-C 204.02(c), as appropriate;

(3) An alcohol evaluation as prescribed in Saf-C 204.02(a), as appropriate; and

(4) Any other terms and conditions as allowed by other provisions of law.

History

#6337, eff 9-25-96 (from Saf-C 208.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 210 Procedures in Cases of Personal Injury Accidents or Serious Property Damage Accidents

N.H. Code Admin. R. Ann. Saf-C 210.01 Suspension Upon Findings {#sec-saf-c-210.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 210.01}

(a) The commissioner or the director, on receipt of a written report indicating that a surviving driver recklessly or unlawfully operated a motor vehicle, causing or materially contributing to the accident that resulted in injury or serious property damage, shall forward a request to the financial responsibility administrator that notice of suspension be issued to said operator.

(b) The effective date of such suspension shall be 5 days subsequent to its issuance.

(1) The date, time and location of the accident;

(2) The name of any injured parties;

(3) A brief description of the serious property damage;

(4) A letter issued by the commissioner or director noting the effective date of the suspension and the authority therefore; and

(5) Reasons for the suspension order.

(d) In cases where a report indicates that the driver may have contributed materially to the resulting accident and the driver is not determined to be an immediate hazard, the department shall schedule a hearing prior to suspension.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by #6143, eff 12-21-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 209.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 210.02 Request for Hearing {#sec-saf-c-210.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 210.02}

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 209.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 210.03 Restoration: Injury or Serious Property Damage Accident Involvement {#sec-saf-c-210.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 210.03}

(a) On receipt of a petition for reinstatement subsequent to suspension for injury or serious property accident involvement pursuant to RSA 263:56 or RSA 263:59, the commissioner shall restore the privilege to drive a motor vehicle on the ways of this state provided the following conditions have been met:

(1) There is indication through any additional investigation, such as a report from a probation or parole officer, if applicable, that the applicant is no longer a hazard to public safety;

(2) There is no evidence the applicant drove a motor vehicle on the ways of this state during the period of suspension;

(3) The fee pursuant to RSA 263:42, V has been paid;

(4) All court fines have been paid;

(5) Any defaults have been cleared;

(6) There are no court imposed sanctions resulting from the accident that remain unsatisfied;

(7) The hearing and record review clearly indicate the respondent is in complete compliance with applicable statutes and rules;

(8) Proof of financial responsibility in the form of an SR-22 certificate is on file with the division for a minimum of 3 years from the date of license eligibility; and

(9) There are no other revocations or suspensions in effect under any other statute or rule, including reciprocity agreements and requirements.

(b) The commissioner shall require:

(1) A license examination, as appropriate;

(2) A medical evaluation, as prescribed in Saf-C 204.02(c), as appropriate;

(3) An alcohol evaluation as prescribed in Saf-C 204.02(a), as appropriate; and

(4) Any other terms and conditions as allowed by other provisions of law.

History

#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 211 Protested Checks

N.H. Code Admin. R. Ann. Saf-C 211.01 Business Office {#sec-saf-c-211.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 211.01}

When any check in payment of a license, vehicle registration, title, permit or fee is returned to the department's business office as uncollectible:

(a) The check shall not be redeposited; and

(b) The business office shall forward an advisory letter to the signatory which contains:

(1) Notification that the check has been returned and the reason;

(2) Notification that the check cannot be redeposited;

(3) A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a;

(4) Notification that if the license is suspended for more than 15 days, the statutory restoration fee, in addition to restitution of the full amount of the check and penalty, shall be paid before the license shall be restored;

(5) Notification that if the license has been under suspension for more than 15 days, payment of the statutory restoration fee shall be included in addition to restitution for the full amount of the check and payment of the penalty;

(6) Notification that payment shall be made by certified check, money order, or cash;

(7) The notification shall also state that if payment is sent by mail, it shall be by certified check or money order;

(8) Notification that payment shall be payable to State of New Hampshire - MV, and sent to:

Department of Safety

Business Office

James H. Hayes Building

23 Hazen Drive

Concord, N.H. 03305

(9) Notification that unless payment is received within 20 working days from the date of the letter, or a hearing is requested, action shall be initiated to suspend any license, vehicle registration, title, permit, or any combination thereof, which has been obtained by the signatory or any other person by issuance of the returned check, together with the driving privileges of said person where appropriate.

(c) The department shall accept a second personal check in satisfaction of the uncollectible check amount plus any penalties if the business office determines that:

(1) The individual's record indicates that there is no more than one returned check in the previous 12 month period in any transaction with the department;

(2) It would be inefficient and impractical to refuse the second personal check because the individual has mistakenly presented or mailed a second personal check; or

(3) The individual's bank indicates that the account that the second personal check is drawn on has sufficient funds to satisfy the amount of the check.

(d) A hearing may be requested in writing, and if received prior to the effective date of suspension, it shall preclude the suspension from taking effect.

(e) The person requesting the hearing, pursuant to (d) above, shall have the burden of proving by a preponderance of the evidence that the person:

(1) Is not indebted to the department; or

(2) Has paid to the department the full amount of the returned check, the penalty authorized by RSA 6:11-a, and any applicable statutory restoration fee.

(f) At the conclusion of a hearing, a hearings examiner shall suspend any license, vehicle registration, title, permit or any combination thereof which was obtained by issuance of the returned check in any case in which it is found that the signatory of the returned check or any other person who obtained any of the foregoing items by the issuance thereof:

(1) Is indebted to the department as a result of the returned check; and

(2) Has not paid to the department the full amount of the returned check, the penalty authorized by RSA 6:11-a, and any applicable statutory restoration fee.

(g) All licenses, vehicle registrations, plates and decals, titles and permits suspended under this rule shall be returned to the department immediately following the effective date of suspension. Notice of this requirement shall be included in any suspension order issued.

(h) Any item suspended under this rule shall be restored upon receipt of restitution of the full amount of the returned check, together with any penalty owed to the department, provided there are no other suspensions and or revocations in effect, and further provided no additional penalties are applicable pursuant to RSA 263:12, 263:64-a, and or 265:4.

(i) Restoration shall not become effective until notice is given by the financial responsibility administrator and is received by the person against whom the suspension was issued.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 210.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 211.02 Municipalities {#sec-saf-c-211.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 211.02}

(a) When any check in payment of a permit fee is returned to a municipality as uncollectible because of insufficient funds, the procedure set forth in this section shall be followed.

(b) A written complaint shall be executed against the registrant by the designated municipal official. The complaint shall be filed on form DSMV 164.

(1) The registrant's name and address;

(2) The registration number, if available;

(3) A copy of each of the municipal permit(s) issued;

(4) The insufficient fund check which was tendered in payment therefore;

(5) The date of the transaction;

(6) A statement that there are insufficient funds for a check drawn to pay for the municipal permit;

(7) A statement that a certified letter, return receipt requested, was mailed to the respondent more than 10 days prior to the date of the complaint; and

(8) That the registrant has failed to make payment as of the date of the complaint.

(d) The written complaint shall be filed with the financial responsibility administrator and sent to:

Division of Motor Vehicles

Financial Responsibility

23 Hazen Drive

Concord, New Hampshire, 03305

(e) The financial responsibility administrator shall generate a suspension notice to take effect in 10 days from the date of the notice, which shall indicate that:

(1) A hearing may be requested in writing and if such request is made it shall preclude suspension from taking effect; and

(2) If a hearing is requested, the registrant shall have the burden of proving, by a preponderance of the evidence, that he has made restitution of the full amount of the returned check and has paid any protest fees assessed by the municipality to which the returned check was issued.

(f) At the conclusion of a hearing, a hearings examiner shall continue suspension of the registration certificate and number plates of the registrant in any case in which it is found that the person had not made full restitution of the returned check, or paid any protest fees assessed by the municipality to which the returned check was issued.

(g) Any suspension issued under this section shall remain in effect until the financial responsibility administrator receives written evidence which conclusively establishes that:

(1) Restitution of the full amount of the returned check has been made to the municipality;

(2) Payment of any protest fees has been made to the municipality; and

(3) There are no other suspensions and or revocations in effect and further provided no additional penalties are applicable pursuant to RSA 263:12, RSA 263:64-a or RSA 265:4.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 210.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 211.03 Road Toll Bureau {#sec-saf-c-211.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 211.03}

– (Moved to Saf-C 305.07)

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 211.04 Prosecution {#sec-saf-c-211.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 211.04}

– (Moved to Saf-C 305.08)

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 211.05 Noncompliance with Road Toll Law {#sec-saf-c-211.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 211.05}

– (Moved to Saf-C 305.09)

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 212 Uniform Point System

N.H. Code Admin. R. Ann. Saf-C 212.01 Purpose {#sec-saf-c-212.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.01}

The purpose of these rules is to create a rational and uniform system for identifying habitually reckless or negligent drivers and habitual or frequent violators of traffic laws governing the movement of vehicles.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 211.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.02 Assessment of Points: Suspensions {#sec-saf-c-212.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.02}

(a) Any person under 18 years of age who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04 shall be subject to the following suspension period:

(1) For 6 demerit points in one calendar year, up to 3 months;

(2) For 12 demerit points in 2 consecutive calendar years, up to 6 months;

(3) For 18 demerit points in 3 consecutive calendar years, up to one year.

(b) Any person 18 to under 21 years of age who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04, shall be subject to the following suspension period:

(1) For 9 demerit points in one calendar year, up to 3 months;

(2) For 15 demerit points in 2 consecutive calendar years, up to 6 months;

(3) For 21 demerit points in 3 consecutive calendar years, up to one year.

(c) Any person 21 years of age or older who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04 shall be subject to the suspension period specified:

(1) For 12 demerit points in one calendar year, up to 3 months;

(2) For 18 demerit points in 2 consecutive calendar years, up to 6 months;

(3) For 24 demerit points in 3 consecutive calendar years, up to one year.

(d) For the purpose of assessing the points as specified in Saf-C 212.03, the violation date, not the conviction date, shall be used to determine whether the appropriate number of points have been obtained within a particular calendar year.

(e) When 2 or more convictions result from a single incident, the commissioner shall assess points for one offense only, if the offenses are assigned different demerit points, the offense having the greater point value shall be used.

(f) Any person convicted under the laws of another state, of any violation which would have constituted a violation specified in Saf-C 212.03 if committed in New Hampshire, shall be assessed the number of points specified in that section.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; ss and moved by #6337, eff 9-25-96 (from Saf-C 211.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.03 Demerit Points {#sec-saf-c-212.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.03}

Upon conviction, the following demerit points shall be assessed for the corresponding violation:

(a) One demerit point for a conviction of violating:

(1) RSA 261:59, operating without possession of a registration certificate;

(2) RSA 266:5, failure to obey inspection requirements; or

(3) RSA 263:35, failure to obtain a New Hampshire driver's license;

(b) Two demerit points for a conviction of violating:

(1) RSA 261:40, unregistered vehicle;

(2) RSA 263:1-a, allowing an improper person to operate a motor vehicle;

(3) RSA 263:2, failure to display or produce a license for inspection by an officer;

(4) RSA 263:85, allowing an improper person to drive a commercial motor vehicle;

(5) RSA 263:13, failure to abide by license restrictions;

(6) RSA 263:92, operating a motor vehicle with the improper class of license;

(7) RSA 263:30, operating without a motorcycle license;

(8) RSA 265:3, obedience required to a police officer; or

(9) RSA 265:102, littering;

(1) RSA 265:9, disobedience to any required traffic control device;

(2) RSA 265:21, limitations on driving to left of center of roadway;

(3) RSA 265:23, one-way roadways and roadways and rotary traffic islands;

(4) RSA 265:24, driving on roadways laned for traffic;

(5) RSA 265:25, following too closely;

(6) RSA 265:26, driving on divided ways;

(7) RSA 265:26-a, driving on a sidewalk;

(8) RSA 265:28, failure to yield the right of way;

(9) RSA 265:29, vehicle turning left;

(10) RSA 265:30, failure to obey yield sign;

(11) RSA 265:31, failure to obey stop and yield signs;

(12) RSA 265:32, vehicle entering way from private road or driveway;

(13) RSA 265:33, failure to yield to authorized emergency vehicles;

(14) RSA 265:37 or RSA 265:41, failure to use due care;

(15) RSA 265:45, failure to signal turn;

(16) RSA 265:48-51, improper conduct at a railroad crossing;

(17) RSA 265:60-67, speeding when the conviction is for speeding under 25 miles per hour above the posted speed limit;

(18) RSA 261:75 or RSA 261:77, misuse of plates;

(19) RSA 265:94, illegal backing;

(20) RSA 265:95, obstruction of driver's view;

(21) RSA 265:96, opening and closing vehicle doors improperly;

(22) RSA 265:99, coasting;

(23) RSA 265:100, following fire apparatus too closely;

(24) RSA 265:106, carrying passengers in truck not so designed;

(25) RSA 261:75 or RSA 261:77, misuse of plates;

(26) RSA 265:109, failure to display lights;

(27) RSA 261:176, misuse or failure to display plates;

(28) RSA 262:40-c, abandoned vehicles; or

(29) RSA 263:14, Youth Operator;

(d) Four demerit points for a conviction of violating:

(1) RSA 263:1, license required;

(2) RSA 265:16, failure to drive on the right hand side of the road;

(3) RSA 265:18, RSA 265:19 or RSA 265:20, improper passing;

(4) RSA 265:22, yellow line violation;

(5) RSA 265:60 - 67, speeding, when the conviction is for speeding of 25 miles per hour or more above the posted speed limit;

(6) RSA 263:63, driving without giving proof of financial responsibility; or

(7) RSA 265:79-b, negligent driving;

(e) Six demerit points for a conviction of violating:

(1) RSA 261:61, improper use of registration;

(2) RSA 262:3, false report of theft;

(3) RSA 262:7 or RSA 262:10, changed or removed vehicle identification;

(4) RSA 630:3, negligent homicide, resulting from the operation of a motor vehicle;

(5) RSA 630:2, manslaughter resulting from the operation of a motor vehicle;

(6) RSA 262:8, concealing identity of vehicle

(7) RSA 262:13, possession of master keys;

(8) RSA 262:23, driving after suspension;

(9) RSA 263:12, prohibited activities relative to license or nondriver identification card;

(10) RSA 262:16, inspection sticker or registration decal modified or forged;

(11) RSA 265:54, school bus violation;

(12) RSA 262:1, alteration of title;

(13) RSA 262:12, taking without owner's consent;

(14) RSA 262:17, odometer tampering;

(15) RSA 263:57-a, lending an operator's license to an underage person to purchase an alcoholic beverage;

(16) RSA 263:64, driving after revocation or suspension;

(17) RSA 264:25, conduct after an accident;

(18) RSA 265:4, disobeying a police officer;

(19) RSA 265:75, racing;

(20) RSA 265:79, reckless driving;

(21) RSA 265-A:43, driving a motor vehicle while in possession of drugs;

(22) RSA 265-A:2, driving while under the influence of drugs or liquor;

(23) RSA 265-A:3, aggravated driving while intoxicated; or

(24) RSA 265:79-a, vehicular assault.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 211.03); amd by #7564, eff 9-27-01; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; amd by #9724, eff 6-15-10; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.04 Notice and Hearing {#sec-saf-c-212.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.04}

(a) The department shall send notice by first class mail or hand deliver to the licensee an order that the licensee appear before the department to determine why that person's license or operating privileges should not be suspended for the period specified.

(b) If, after a hearing, the commissioner determines that the licensee has a sufficient number of points to warrant a suspension for the period specified in Saf-C 212.02, the commissioner shall suspend that license for the period specified and shall further require proof of financial responsibility when said suspension period specified is 6 or more months.

(c) Nothing contained herein shall prohibit the commissioner or director from requiring proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.

(d) Demerit point hearings shall not be scheduled for individuals who qualify under section Saf-C 204.04 above unless:

(1) The individual has 3 or more offenses; or

(2) The total demerit points qualify the individual for a suspension of 6 months or longer.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 211.04); amd by #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.05 Warning Notice {#sec-saf-c-212.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.05}

(a) The department shall, absent any computer failure, mail warning letters through first class United States mail to individuals as they accumulate point system convictions.

(b) Notwithstanding (a) above, failure of a person to receive such a letter shall not prohibit further action against the person's license.

History

#6337, eff 9-25-96 (from Saf-C 211.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.06 Reduction of Points {#sec-saf-c-212.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.06}

(a) Any person who has accumulated at least 3 points under the provisions of these rules shall, only for suspension purposes pursuant to Saf-C 212.02, have the most recent point assessment total reduced by 3 points if s/he can prove to the division s/he has successfully completed a driver improvement course which meets the requirements established under Saf-C 212.07 or s/he has successfully completed a driver attitude course which meets the requirements established under Saf-C 212.08.

(b) An original completion certificate shall constitute proof of successful completion of a driver improvement or driver attitude course.

(c) To be eligible for the point reduction, the course shall have been completed within the period for which the points are being assessed provided however, that such reductions shall be applied retroactively but shall not be applied prospectively.

(d) No person shall have his point total reduced by more than 3 points during any 3 complete consecutive calendar year period.

(e) Such a point total reduction shall not be reflected on the person’s motor vehicle record so that total points are accurately reported as prescribed in Saf-C 212.02.

History

#6337, eff 9-25-96 (formerly Saf-C 211.06); ss by #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.07 Driver Improvement Course {#sec-saf-c-212.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.07}

(a) To be eligible for the point reduction described in Saf-C 212.06, a person shall successfully complete a New Hampshire driver improvement program which has been approved by the commissioner.

(b) To be eligible for approval, a program shall:

(1) Be administered and conducted by:

a. A chartered and accredited chapter of the National Safety Council or an accredited public training agency certified and approved by the National Safety Council;

b. Accredited American Automobile Association or Automobile Legal Association Motor Clubs or their agents;

c. American Association of Retired Persons; or

d. Commercial motor vehicle driver schools licensed under RSA 263:44;

(2) Contain a minimum of 6 hours of instruction;

(3) Incorporate audio-visual aids, providing that films, filmstrips, or video recordings shall not exceed 50 percent of the presentation time, including but not limited to:

a. Films;

b. Blackboards;

c. Magnetic boards;

d. Flip charts; and

e. Slides when appropriate;

(4) Provide an instructor preparation course to ensure competency in delivering the course;

(5) Provide each instructor with an instructor's manual and each student with a student's workbook or manual, when necessary, to follow and participate in the course;

(6) Provide a copy of a completion certificate designed for and capable of preventing fraud and forgery, and which verifies course completion;

(7) Establish and maintain a record system compatible with the department's requirements for entry of completed certificates;

(8) Provide for the maintenance of records for a period of 5 years;

(9) Make the records available for inspection by an agent of the commissioner during normal business hours;

(10) Establish appropriate lines of communication with the department in order to provide efficient administration of the course;

(11) Provide and maintain a full-time operational office in New Hampshire for the operation and supervision of such courses; and

(12) Charge a fee of not more than $50.00 per person.

(1) Consist of at least 4 hours of classroom instruction in those instances where behind-the-wheel training is utilized; and

(2) Address the following subject areas:

a. The concept of accident preventability including a discussion of the magnitude of traffic accident problems;

b. Defensive driving techniques;

c. Alcohol and drug use as an accident factor;

d. The risk factors involved in driver attitude and behavior such as speeding, reckless driving, and improper lane use; and

e. Traffic laws in New Hampshire.

(d) Any person wishing to establish an approved driver improvement program shall submit to the commissioner an application containing the following information:

(1) The name, address and telephone number of the organization and any affiliations or licenses necessary to satisfy (b)(1) above;

(2) A complete description of the program as outlined in (b) above;

(3) A list of all instructors who shall be teaching as part of the program, including their:

a. Names;

b. Dates of birth;

c. Addresses;

d. Educational background; and

e. Work experience; and

(4) A complete description of the record system that the program will use to satisfy (b)(8) and (b)(9) above.

(e) An agent of the commissioner shall observe any course approved under this section if the agent needs to determine compliance with paragraph (b) above.

(f) The commissioner shall, after a hearing, revoke approval for any course which does not follow the requirements of paragraph (b) above.

History

#6337, eff 9-25-96 (formerly Saf-C 211.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.08 Driver Attitude Program {#sec-saf-c-212.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.08}

(a) Except as provided herein, the commissioner shall require proof of successful completion of the New Hampshire driver attitude program before restoring the license of any person who has:

(1) Been ordered to complete the driver attitude program by a justice of the district court;

(2) Been ordered, after an administrative hearing before the department concerning his driving record, to complete a driver attitude program; or

(3) Had his license revoked pursuant to RSA 262:18-26.

History

#6337, eff 9-25-96 (formerly Saf-C 211.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.09 Waiver {#sec-saf-c-212.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.09}

(a) Pursuant to RSA 263:56-e, II, the commissioner shall waive the provisions of Saf-C 212.08, upon written request of the person if the request demonstrates:

(1) That no programs are offered within a 30 mile radius of the person's residence;

(2) That no programs are offered during the period of time between the order to attend the program and the date from which the person is eligible for license restoration;

(3) The person has completed a driver improvement course within 30 days of having been required to attend the driver attitude program; or

(4) Any other similar extenuating circumstances exist that the commissioner deems appropriate for waiver.

History

#6337, eff 9-25-96 (formerly Saf-C 211.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 212.10 Approval of Driver Attitude Program {#sec-saf-c-212.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.10}

(a) To be eligible for approval, a driver attitude program shall:

(1) Follow a course format that contains a minimum of 6 hours and a maximum of 8 hours of instruction which shall include the following subject areas:

a. State and local traffic laws and regulations;

b. Driver behavior self-assessment;

c. Selecting and planning effective driving behavior; and

d. Emphasis on acceptance of individual responsibility for driving related choices and outcomes;

(2) Incorporate audio-visual aids provided that films, filmstrips or video recordings shall not exceed 50 percent of the presentation time, including but not limited to:

a. Films;

b. Blackboards;

c. Flip charts; and

d. Slides;

(3) Provide an instructor preparation course to ensure competency in delivering the course;

(4) Provide each instructor with an instructor manual and each student with a workbook or manual, when necessary, to follow and participate in the course;

(5) Provide a copy of a completion certificate designed for and capable of preventing fraud and forgery and which verifies course completion;

(6) Establish and maintain a record system compatible with the department's requirements for entry of completed certificate;

(7) Provide for the maintenance of records for a period of 5 years and the records shall be made available for inspection by an agent of the commissioner during established business hours;

(8) Establish appropriate lines of communication with the department in order to provide efficient administration of the course;

(9) Provide and maintain a full-time operational office in New Hampshire for the operation and supervision of such courses;

(10) Establish location(s) for the courses throughout the state;

(11) Have a permanently established administrative office in New Hampshire; and

(12) Charge a fee of not more than $75.00 per person.

(b) An agent of the commissioner shall observe any course approved under this section if the agent needs to determine compliance with (a).

(c) The commissioner shall, after a hearing, revoke approval for any course which does not follow the requirements of paragraph (a).

History

#6337, eff 9-25-96 (formerly Saf-C 211.10); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #9031, eff 11-19-07

N.H. Code Admin. R. Ann. Saf-C 212.11 Application for Approval of Driver Attitude Program {#sec-saf-c-212.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 212.11}

(a) Any person wishing to establish an approved driver attitude program shall submit to the commissioner an application containing the following information:

(1) The name, address and telephone number of the organization and any affiliation or license necessary to satisfy Saf-C 212.10;

(2) A complete description of the program as outlined in Saf-C 212.10(a);

(3) A list of all instructors who shall be teaching as part of the program, including their names, dates of birth, addresses, educational background, and work experience; and

(4) A complete description of the record system that the program will use to satisfy Saf-C 212.10(a)(7).

History

#6337, eff 9-25-96 (formerly Saf-C 211.11); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 213 Suspension for in-State Resident's Default or Failure to Pay a Fine

N.H. Code Admin. R. Ann. Saf-C 213.01 Suspension Process {#sec-saf-c-213.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 213.01}

The director shall notify the person at the person’s last known address that his or her license/operating privileges shall be suspended 30 days subsequent to the date notice issued after finding and notification as applicable, that one or more of the following occurred:

(a) Failure of the individual to appear at a scheduled court proceeding or administrative hearing on a charge or conviction or notice to appear for any reason which results in a default;

(b) Failure of the individual to pay a fine or penalty imposed by a court or the director, for any offense;

(d) Failure of the individual to comply with an order within the jurisdiction of and made by the court or the director, that results in a default.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 212.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 213.02 Summons from Law Enforcement Officer {#sec-saf-c-213.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 213.02}

(a) Pursuant to RSA 263:56-a, I(d), if the person fails to comply with the conditions outlined on the summons, upon notification by the court, the director shall issue an order of suspension effective 30 days subsequent to the date notice issued.

(b) If a summons is not received in hand from the law enforcement officer, the director shall notify the person, by certified mail at his last known address, that his driving privilege shall be suspended 30 days from the date of notification.

History

#4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 212.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 213.03 Court's Role in Suspension Process {#sec-saf-c-213.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 213.03}

(a) Pursuant to RSA 263:56-a, II, all courts shall notify the commissioner or director of defaults, unpaid fines, or non-compliance.

(b) Suspensions shall be for an indefinite period with the files marked accordingly.

History

#6337, eff 9-25-96 (from Saf-C 212.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 213.04 Restoration Process {#sec-saf-c-213.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 213.04}

(a) Reinstatement shall be affected upon:

(1) Payment of the restoration fee prescribed by RSA 263:56-a, III(a);

(2) Receipt from the court of evidence that the defendant has cleared all problems related to the suspension; and

(3) Completion of a record review by an agent of the commissioner to ensure there are no other suspensions or revocations in effect.

(b) Pursuant to RSA 263:56-a, III(b), in the event the default, unpaid fine or non-compliance is cleared prior to the suspension effective date, the court shall immediately notify the department and the director shall forthwith rescind the order of suspension and update the file by deleting the evidence of the default, unpaid fine or non-compliance and record the disposition of the court.

History

#6337, eff 9-25-96 (from Saf-C 212.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 214 Suspensions Under the Provisions of the Non-Resident Violator Compact

N.H. Code Admin. R. Ann. Saf-C 214.01 Suspension Process {#sec-saf-c-214.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 214.01}

(a) Upon receipt of evidence that a New Hampshire resident has defaulted a scheduled court appearance or failed to pay a fine in a member jurisdiction of the non-resident violator compact, the defendant shall be notified by first class mail, at his address of record, of the department's intent to suspend his driver's license and operating privilege 60 days from the date of notice. The suspension shall be for an indefinite period and the files shall be marked accordingly.

(b) Pursuant to RSA 262:27, III, upon receipt of evidence that a non-resident has defaulted a scheduled court appearance or failed to pay a fine in a member jurisdiction of the non-resident violator compact, the court shall notify the commissioner of the default or unpaid fine.

(1) Note this on the defendant's record;

(2) Suspend the operating privileges 30 days but in the event of default/unpaid fine by an individual licensed in a foreign country this 30 days shall be extended to 60 days, subsequent to notice sent date; and

(3) Notify the defendant's motor vehicle department and request a suspension of his license and operating privileges until the court is satisfied that the default has been cleared and/or the fine paid in full.

(d) The following summonses shall not be covered under the non-resident violator compact:

(1) Offenses which mandate personal appearances;

(2) Moving traffic violations which carry a suspension or revocation;

(3) Size and weight violations;

(4) Parking violations; and

(5) Transportation of hazardous material violations.

History

#4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 213.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 214.02 Suspension Restoration/Cancellation Process {#sec-saf-c-214.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 214.02}

(a) When the court is satisfied that all required fines and assessments have been paid, a suspension cancellation notice shall be mailed immediately to the defendant. The defendant shall be responsible for notifying his motor vehicle department and providing them with the cancellation notice.

(b) If a suspension took effect under the provisions of Saf-C 214.01 (a) and the suspension exceeds 15 days, in addition to the suspension cancellation notice, the defendant shall provide the division with the restoration fee prescribed in RSA 263:42, V.

(c) If action took effect under the provisions of Saf-C 214.01(b), the court shall send an abstract of conviction to the division. The division shall clear the default and update the record to reflect the conviction and restore operating privileges provided the restoration fee prescribed in RSA 263:42,V has been paid and further provided there are no other suspensions or revocations in effect.

History

#6337, eff 9-25-96 (from Saf-C 213.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 215 REVOCATION OF MINOR'S LICENSE/OPERATING PRIVILEGES PURSUANT TO RSA 263:56-b.

N.H. Code Admin. R. Ann. Saf-C 215.01 Revocation of Minor's License/Operating Privileges {#sec-saf-c-215.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 215.01}

(a) Upon receipt of an abstract of conviction pursuant to RSA 263:56-b,I or III, the director or financial responsibility administrator shall cause the conviction to be posted to the individual’s driver report categorized as "other". The director or financial responsibility administrator shall ensure that the record is sealed and labeled accordingly.

(b) The director or financial responsibility administrator shall immediately forward the sealed file to the administrator of bureau of hearings.

(c) The bureau of hearings shall notify the individual to appear for a hearing, in accordance with the provisions of Saf-C 203.02 and Saf-C 203.03.

(d) The scope of the hearing shall be limited to the following:

(1) Whether the offense is related to alcohol or drugs;

(2) Whether on the date of the violation, the offender was under 21 years of age; and

(3) Whether the individual was convicted, or found by the court to be delinquent pursuant to RSA 169-B or be in need of services pursuant to RSA 169-D, for an offense that involved the sale, possession, use or abuse of alcohol or controlled drug(s) as defined in RSA 318-B:1, VI or of a controlled drug analog as defined in RSA 318-B:1, VI-a.

(e) Provided the presiding hearings examiner concludes in the affirmative to (d) above, the penalties prescribed in RSA 263:56-b, II or III, shall apply.

(f) In cases of denial of applications for licenses, the period imposed shall begin on the date of the hearing provided the person is then eligible by age for the issuance of a license. Otherwise the denial shall be imposed effective on the individual’s 16th birthday.

History

#6337, eff 9-25-96 (from Saf-C 214.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 216 Hearings to Contest Vehicle Removal

N.H. Code Admin. R. Ann. Saf-C 216.01 Scope {#sec-saf-c-216.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 216.01}

This part allows an individual, whose vehicle has been removed from its location and stored at another by an authorized official, to request a hearing to contest the removal.

History

#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 216.02 Definition {#sec-saf-c-216.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 216.02}

(a) “Authorized official” means any police employee of the division of state police, division of motor vehicles, or authorized employee of the department.

History

#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 216.03 Form of Request for Hearing {#sec-saf-c-216.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 216.03}

(a) Each request for a hearing shall be in writing and contain the following information:

(1) Name, address and telephone number of person requesting the hearing;

(2) Make and registration of vehicle in question;

(3) Date and time vehicle was removed from its location;

(4) Location of vehicle after removal;

(5) Name of authorized officer involved, if known; and

(6) Reason for contesting the removal.

(b) All requests for hearings shall be addressed to:

Commissioner

Department of Safety

33 Hazen Drive, Concord, NH 03305

History

#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

N.H. Code Admin. R. Ann. Saf-C 216.04 Time of Request {#sec-saf-c-216.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 216.04}

All requests for hearing shall be received within 15 days of the towing and impoundment.

History

#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13

Part Saf-C 217 ELECTRONIC TOLL COLLECTION HEARINGS – Moved to Saf-C 522

N.H. Code Admin. R. Ann. Saf-C 217.01 Procedural and Hearings Rules {#sec-saf-c-217.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 217.01}

– 217.10

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09, EXPIRED: 6-23-17

Part Saf-C 218 Hearings to Contest Compliance with Registration of Criminal Offenders

N.H. Code Admin. R. Ann. Saf-C 218.01 Suspension for Non-Compliance with Registration of Criminal Offenders {#sec-saf-c-218.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 218.01}

History

#9724, eff 6-15-10; renumbered by #12517 (see Saf-C 5506.031)

Part Saf-C 219 Rulemaking Petitions

N.H. Code Admin. R. Ann. Saf-C 219.01 Petition {#sec-saf-c-219.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 219.01}

(a) Petitions for rulemaking shall be in writing;

(b) The petitioner shall include a cover letter stating the reasons the rule is being proposed;

(d) Petitions shall be sent:

Commissioner

Department of Safety

33 Hazen Drive

Concord, NH 03305

History

#8230-A, eff 12-17-04 (formerly Saf-C 217.01, renumbered by #8544); (formerly Saf-C 218.01, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 219.02 Disposition of Petitions for Rulemaking {#sec-saf-c-219.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 219.02}

(a) The commissioner shall request additional information from the petitioner or from others if such additional information is required to reach a decision.

(b) The commissioner shall deny the petition for rulemaking when the adoption, amendment or repeal of such rule is contrary to public safety or public interest, such as but not limited to:

(1) A rule which is not within the rulemaking authority of the commissioner;

(2) Duplication of a rule or a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the commissioner; or

(4) Inconsistency of administrative rules one with another.

(c) Within 30 days of receipt of a sufficient petition, the commissioner shall dispose of it by notifying the petitioner:

(1) That the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

(2) In writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

History

#8230-A, eff 12-17-04 (formerly Saf-C 217.02, renumbered by #8544); (formerly Saf-C 218.02, renumbered by #9724)

Part Saf-C 220 Rulemaking Hearings

N.H. Code Admin. R. Ann. Saf-C 220.01 Scope {#sec-saf-c-220.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.01}

This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.01, renumbered by #8544); (formerly Saf-C 219.01, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.02 Notice {#sec-saf-c-220.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.02}

The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.02, renumbered by #8544); (formerly Saf-C 219.02, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.03 Presiding Officer {#sec-saf-c-220.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.03}

(a) The hearing shall be presided over by the commissioner or his or her designee.

(b) The commissioner or designee shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Recognize those who wish to be heard;

(4) Maintain order during the hearing; and

(5) Adjourn the hearing.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.03, renumbered by #8544); (formerly Saf-C 219.03, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.04 Order of the Hearing {#sec-saf-c-220.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.04}

(a) Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board.

(b) Individuals shall be called to testify in the order in which they signed up.

(c) Before adjourning the public hearing and after all individuals who signed up have been heard, the commissioner or designee shall call for any new testimony from any new speaker.

(d) When the commissioner or designee has determined that no other individual wishes to testify, he or she shall close the public hearing.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.04, renumbered by #8544); (formerly Saf-C 219.04, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.05 Postponement and Continuations {#sec-saf-c-220.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.05}

(a) The commissioner or designee shall postpone a hearing to a later date, time or place in the event of:

(1) Inclement weather; or

(2) A determination that postponement of the hearing shall facilitate greater participation by the public.

(b) The commissioner or designee shall continue a hearing to a later date, time or place in the event that the time allotted is not sufficient to give each individual who wishes to testify an opportunity to do so.

(c) Notice of a postponement or continuation of a public hearing or written comment period shall be provided pursuant to RSA 541-A:11, III.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.05, renumbered by #8544); (formerly Saf-C 219.05, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.06 Written Comments {#sec-saf-c-220.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.06}

Individuals may submit written comments to the commissioner or designee on proposed rulemaking actions any time from the time notice has been published until the end of the written comment period as set forth in the notice of rulemaking.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.06, renumbered by #8544); (formerly Saf-C 219.06, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 220.07 Transcripts or Copies of Tapes {#sec-saf-c-220.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 220.07}

(a) All hearings shall be tape-recorded.

(b) A copy of the tape may be requested by submitting a written request to:

Department of Safety

33 Hazen Drive

Concord, NH 03305

(d) Recordings of proceedings shall be preserved for no less than 75 days from the conclusion of the hearing date.

History

#8230-A, eff 12-17-04 (formerly Saf-C 218.07, renumbered by #8544); (formerly Saf-C 219.07, renumbered by #9724)

Part Saf-C 221 Request for Statement Explaining Rule

N.H. Code Admin. R. Ann. Saf-C 221.01 Request for Rule Explanation {#sec-saf-c-221.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 221.01}

(a) Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following:

(1) The principle reason(s) for and against the adoption of a rule in its final form; or

(2) Reasons why the board overruled arguments and considerations relative to the rule.

(b) Rule explanation requests shall be received and disposed of in the following manner:

(1) Requests shall be submitted at:

Department of Safety

33 Hazen Drive

Concord, NH 03305

(2) When a request for rule explanation has been received by the board, the board shall issue a statement responsive to the request within 60 days. The statement shall provide the information required by (a) above.

History

#8230-B, eff 12-17-04 (formerly Saf-C 219.01, renumbered by #8544); (formerly Saf-C 220.01, renumbered by #9724); ss by #10395-A, eff 8-15-13

Part Saf-C 222 Declaratory Ruling

N.H. Code Admin. R. Ann. Saf-C 222.01 Submitting Request for Declaratory Ruling {#sec-saf-c-222.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 222.01}

(a) Individuals petitioning for a declaratory ruling, as defined by RSA 541-A:1, V, shall submit the following information to the commissioner in writing:

(1) The specific statute, rule, or order whose applicability is being questioned;

(2) The interest of the petitioner;

(3) The activity in question; and

(4) The name, address and phone number of the petitioner.

(b) Any petition which does not contain the information in (a) above shall be inadequate.

History

#8230-A, eff 12-17-04 (formerly Saf-C 220.01, renumbered by #8544); (formerly Saf-C 221.01, renumbered by #9724)

N.H. Code Admin. R. Ann. Saf-C 222.02 Disposition of Petition {#sec-saf-c-222.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 222.02}

(a) The commissioner shall act on the petition as follows:

(1) Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered;

(2) Reject the declaratory ruling petition if it is inadequate or beyond the scope of the commissioner’s statutory authority; or

(3) Refer the petition to the department of justice when the commissioner requires legal guidance. In such cases the commissioner shall render a decision to the petition within 120 days of receiving the petition.

APPENDIX

Rule Number

Statute Implemented

Saf-C 201

RSA 541-A:7

Saf-C 202

RSA 541-A:7

Saf-C 203.01 – 203.03

RSA 541-A:30-a, III(a)

Saf-C 203.04

RSA 541-A:31, III

Saf-C 203.05

RSA 541-A:16, I(b)(2) & RSA 541-A:30-a, III

Saf-C 203.06

RSA 541-A:16, I(b)(2) & RSA 541-A:30-a, III (h)

Saf-C 203.07 & 203.08

RSA 541-A:16, I(b)(2), RSA 541-A:30-a, III &

RSA 541-A:30-a, III(k)

Saf-C 203.09

RSA 541-A:30-a, III

Saf-C 203.10

RSA 91-A:2

Saf-C 203.11 – 203.12

RSA 541-A:30-a, III

Saf-C 203.13 & 203.14

RSA 541-A:30-a, III & RSA 541-A:31, VII

Saf-C 203.14(a), (c) – (d)

RSA 91-A:4, IV & RSA 541-A:30-a,III

Saf-C 203.14(b)(1), (3)-(9)

RSA 91-A:4, IV

Saf-C 203.14(b)(2)

RSA 260:15, II

Saf-C 203.15 – 203.16

RSA 541-A:30-a, III

Saf-C 203.17

RSA 541-A:30-a, III & RSA 541-A:33, I

Saf-C 203.18

RSA 541-A:30-a, III(a)

Saf-C 203.19

RSA 541-A:30-a, III & RSA 541-A:33, II

Saf-C 203.20

RSA 541-A:30-a, III

Saf-C 203.21

RSA 541-A:30-a, III(d) & RSA 541-A:35

Saf-C 203.22

RSA 541-A:30-a, III (b)

Saf-C 203.23

RSA 541-A:30-a, III (i)

Saf-C 203.24

RSA 541-A:33, V

Saf-C 203.25

RSA 541-A:30-a, III

Saf-C 203.26

RSA 541-A:30-a, III & RSA 541-A:31, III

Saf-C 203.27

RSA 541-A:7

Saf-C 203.28 - 203.37

RSA 541-A:30-a

Saf-C 204.01

RSA 263:47

Saf-C 204.02(a) & (c)

RSA 541-A:7

Saf-C 204.02(b)

RSA 263:56, I(d)

Saf-C 204.02(d) & (e)

RSA 541-A:7

Saf-C 204.02(f) – (m)

RSA 263:56, I(d)

Saf-C 204.03(a)

RSA 263:14

Saf-C 204.03(b)

RSA 263:14 and RSA 264:2

Saf-C 204.03(c)

RSA 263:14-a

Saf-C 204.03(d)

RSA 263:14-a, I(b)

Saf-C 204.03(e), (g)-(i) & (k)

RSA 265-A:35, II

Saf-C 204.03(f)

RSA 265-A:35, III

Saf-C 204.03(j)

RSA 263:47

Saf-C 204.03(l)

RSA 265-A:35, II

Saf-C 204.04

RSA 263:14

Saf-C 204.05

RSA 263:17

Saf-C 204.06

RSA 263:55

Saf-C 204.07

RSA 263:77, Article IV (a)

Saf-C 204.08

RSA 263:57

Saf-C 204.09

RSA 263:61

Saf-C 204.10

RSA 265-A:45, I

Saf-C 204.11(a)

RSA 541-A:7

Saf-C 204.11(b)-(k)

RSA 265-A:25, IV

Saf-C 204.12

RSA 263:94

Saf-C 204.13

RSA 263:59

Saf-C 204.14

RSA 541-A:30-a, III & 263:59

Saf-C 204.15

RSA 263:12 & 263:47

Saf-C 204.16

RSA 263:64

Saf-C 204.17

RSA 263:64-a & RSA 261:180

Saf-C 204.18(a)

RSA 541-A:7

Saf-C 204.18(b)-(c)

RSA 260:16 & RSA 265-A:18

Saf-C 204.19

RSA 261:178

Saf-C 204.20

RSA 263:65-a, II

Saf-C 205.01(a)

RSA 541-A:30-a, III

Saf-C 205.01(b)

RSA 263:42, V

Saf-C 205.01(c)

RSA 265-A:22

Saf-C 205.01(d)

RSA 263:56-a, IV & RSA 541-A:30-a,III

Saf-C 205.02

RSA 265:79 & RSA 541-A:30-a, III

Saf-C 205.03

RSA 263:56, I(d)

Saf-C 205.04

RSA 263:65-a & RSA 263:42, V

Saf-C 205.05

RSA 263:67

Saf-C 205.06

RSA 265-A:30, RSA 265-A:14 and RSA 541-A:30-a, III

Saf-C 205.07(a)

RSA 263:46 and RSA 263:56

Saf-C 205.07(b)

RSA 265-A:14

Saf-C 205.08

RSA 263:56, I(d) & III(b)

Saf-C 206.01 & 206.02

RSA 262:19

Saf-C 206.03

RSA 541-A:30-a, III(d)

Saf-C 206.04

RSA 262:19, III

Saf-C 206.05

RSA 262:19

Saf-C 206.06

RSA 262:19

Saf-C 206.07

RSA 262:24

Saf-C 207.01

RSA 264:4 & 264:21

Saf-C 207.02-207.05

RSA 264:2, I

Saf-C 207.06

RSA 264:21

Saf-C 207.07

RSA 262:19

Saf-C 207.08

RSA 264:2 & 264:3

Saf-C 207.09

RsA 264:21, I

Saf-C 207.10

RSA 264:2 & 264:3 & RSA 541-A:31, III

Saf-C 207.11

RSA 264:2 & 264:3

Saf-C 207.12

RSA 264:7, II

Saf-C 208.01(a)

RSA 264:26

Saf-C 208.01(b)

RSA 541-A:16, I(b)

Saf-C 208.02(a)

RSA 264:25

Saf-C 208.02(b)

RSA 541-A:16, I(b)

Saf-C 208.03 & 208.04

RSA 264:1 & 264:25

Saf-C 208.05

RSA 264:3

Saf-C 208.06

RSA 264:4 & 264:20

Saf-C 208.07

RSA 264:1, 264:4 & 264:20

Saf-C 208.08(a) and (c)

RSA 264:1

Saf-C 208.08(b)

RSA 541-A:31, III

Saf-C 208.09

RSA 264:7

Saf-C 208.10

RSA 264:8 and RSA 264:11

Saf-C 208.11

RSA 264:12

Saf-C 208.12

RSA 264:11

Saf-C 209.01 - 209.06

RSA 264:26 & RSA 263:56, III

Saf-C 210

RSA 263:56 & 263:59

Saf-C 211

RSA 6:11-a

Saf-C 212.01-212.07

RSA 263:56, II

Saf-C 212.08

RSA 263:56-e

Saf-C 212.09

RSA 263:56-e, II

Saf-C 212.10

RSA 263:56-c, III

Saf-C 212.10(a) and (b)

RSA 263:56-e, III

Saf-C 212.10(c)

RSA 541-A:30

Saf-C 212.11

RSA 263:56-c, III

Saf-C 213

RSA 263:56-a

Saf-C 214

RSA 262:27

Saf-C 215

RSA 263:56-b, I

Saf-C 216.01

RSA 262:33

Saf-C 216.02

RSA 541-A:7

Saf-C 216.03 & 216.04

RSA 262:33

Saf-C 218

RSA 263:56-a, I(e)

Saf-C 219

RSA 541-A:16, I(c)

Saf-C 220

RSA 541-A:16, I(b)(3)

Saf-C 221

RSA 541-A:11, VII

Saf-C 222

RSA 541-A:16, I(d)

History

#8230-A, eff 12-17-04 (formerly Saf-C 220.02, renumbered by #8544); (formerly Saf-C 221.02, renumbered by #9724)

Chapter Saf-C 300 Road Toll Administration Rules

Part Saf-C 301 Purpose

N.H. Code Admin. R. Ann. Saf-C 301.01 Purpose of Road Toll Administration Rules {#sec-saf-c-301.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 301.01}

(a) The purpose of this chapter is to manage the functions of the road toll administration and to educate the public as to the requirements for reporting, record keeping, and payment of road toll and obtaining International Fuel Tax Agreement (IFTA) licenses, motor fuel distributor licenses, and motor fuel and petroleum products transporter licenses in the State of New Hampshire.

(b) The purpose of this chapter is also to define the following road toll administration responsibilities:

(1) To issue IFTA licenses, motor fuel distributor licenses, motor fuel and petroleum products transporter licenses, and to make refunds of motor fuel tolls used off-highway;

(2) To collect tolls and fees pursuant to the road toll laws and RSA 260:38, IV, to maintain records and to process all information pertaining to the collection of tolls and fees; and

(3) To perform periodic compliance audits and inspections on persons subject to the road toll laws and RSA 260:38, IV, and these rules.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 302 Definitions

N.H. Code Admin. R. Ann. Saf-C 302.01 Alternative fuel {#sec-saf-c-302.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.01}

“Alternative fuel” means “alternative fuel” as defined in RSA 259:3-d.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.02 Alternative fuel dealer {#sec-saf-c-302.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.02}

“Alternative fuel dealer” means “alternative fuel dealer” as defined in RSA 259:3-e. Any person who meets the criteria in RSA 259:3-e is an “alternative fuel dealer,” regardless of the ownership of the vehicles into which alternative fuels are dispensed.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.03 Automated clearing house (ACH) debit {#sec-saf-c-302.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.03}

“Automated clearing house (ACH) debit” means a debit, in which information and payment(s) are electronically transmitted to the department.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.01); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.04 Administration {#sec-saf-c-302.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.04}

“Administration” means the road toll administration of the New Hampshire department of safety. The term includes “road toll administration”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.02); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.05 Administrator {#sec-saf-c-302.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.05}

“Administrator” means the administrator of the bureau of road toll, department of safety.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.03); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.06 Biodiesel {#sec-saf-c-302.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.06}

“Biodiesel” means “biodiesel” as defined in RSA 259:6-a.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.04); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.07 Biodiesel distributor licensee {#sec-saf-c-302.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.07}

“Biodiesel distributor licensee” means a person licensed by the department pursuant to RSA 260:36-d.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.05); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.08 Cancelled {#sec-saf-c-302.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.08}

“Cancelled” means that a license or any other item to which the term is applied is null and void.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.06); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.09 Certified Public Accountant {#sec-saf-c-302.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.09}

“Certified Public Accountant” or “CPA” means “certified public accountant” as defined in Ac 102.02.

History

#13186, eff 4-7-21 (see Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.10 CPA firm {#sec-saf-c-302.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.10}

“CPA firm” means “CPA firm” as defined in RSA 309-B:3, IV.

History

#13186, eff 4-7-21 (see Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.11 Commissioner {#sec-saf-c-302.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.11}

“Commissioner” means the commissioner of the New Hampshire department of safety or his or her designee.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.07); ss by #13186, eff 4-7-21 (formerly Saf-C 302.09) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.12 Compressed Natural Gas (CNG) {#sec-saf-c-302.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.12}

“Compressed Natural Gas (CNG)” means a natural gas compressed to a pressure at or above 200-248 bar, that is, 2900-3600 pounds per square inch, and stored in high-pressure containers. It is used as a fuel for natural gas-powered vehicles.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (formerly Saf-C 302.10) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.13 Critical error {#sec-saf-c-302.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.13}

“Critical error” means any failure to complete a required field in a licensee’s electronic return that prevents the return from being accepted by the state’s road toll processing system.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.08); ss by #13186, eff 4-7-21 (formerly Saf-C 302.11) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.14 Department {#sec-saf-c-302.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.14}

“Department” means the New Hampshire department of safety.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.09); ss by #13186, eff 4-7-21 (formerly Saf-C 302.12) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.15 Director {#sec-saf-c-302.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.15}

“Director” means the director of the division of administration of the New Hampshire department of safety.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.10); ss by #13186, eff 4-7-21 (formerly Saf-C 302.13) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.16 Division {#sec-saf-c-302.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.16}

“Division” means the division of administration of the New Hampshire department of safety.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.11); ss by #13186, eff 4-7-21 (formerly Saf-C 302.14) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.17 Electronic {#sec-saf-c-302.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.17}

“Electronic” means “electronic” as defined in RSA 294-E:2, V namely, “relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.12); ss by #13186, eff 4-7-21 (formerly Saf-C 302.15) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.18 Electronic record {#sec-saf-c-302.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.18}

“Electronic record” means “electronic record” as defined in RSA 294-E:2, VII namely, “a record created, generated, sent, communicated, received, or stored by electronic means”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.13); ss by #13186, eff 4-7-21 (formerly Saf-C 302.16) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.19 Electronic signature {#sec-saf-c-302.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.19}

“Electronic signature” means “electronic signature” as defined in RSA 294-E:2, VIII namely, “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.14); ss by #13186, eff 4-7-21 (formerly Saf-C 302.17) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.20 Gallon {#sec-saf-c-302.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.20}

“Gallon” means a liquid measure that is not corrected for temperature and that contains 231 cubic inches or the equivalent of 4 1/4 pounds of propane or 100 cubic feet of natural gas. The term includes “gross gallons”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.15); ss by #13186, eff 4-7-21 (formerly Saf-C 302.18) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.21 Good standing {#sec-saf-c-302.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.21}

“Good standing” means that the licensee is certified and approved for online filing, is in compliance with the motor vehicle road toll laws, and has filed all related applications, returns, tolls, and fees for the previous 5 consecutive years.

History

#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 302.22 Inventory {#sec-saf-c-302.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.22}

“Inventory” as reported by motor fuel distributors, means the physical quantity of motor fuel gallons contained in wholesale bulk storage at the time the inventory is taken. The term does not include any product contained in a facility that is attached to a pump used for retail sale to the public or any product on consignment to a retail dealer or in a retail station.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.16); ss by #13186, eff 4-7-21 (formerly Saf-C 302.19)

N.H. Code Admin. R. Ann. Saf-C 302.23 License {#sec-saf-c-302.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.23}

“License” means any road toll administration issued identifiers such as motor fuel distributor, motor fuel and petroleum products transporter, oil discharge and pollution control, and IFTA.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.17); ss by #13186, eff 4-7-21 (formerly Saf-C 302.20)

N.H. Code Admin. R. Ann. Saf-C 302.24 Liquefied Natural Gas (LNG) {#sec-saf-c-302.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.24}

“Liquefied Natural Gas (LNG)” means a natural gas (primarily methane) that has been liquefied by reducing its temperature to -260 degrees Fahrenheit at atmospheric pressure.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15); ss by #13186, eff 4-7-21 (formerly Saf-C 302.21)

N.H. Code Admin. R. Ann. Saf-C 302.25 Motor fuel {#sec-saf-c-302.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.25}

“Motor fuel” means “motor fuel” as defined in RSA 259:58.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.18); ss by #13186, eff 4-7-21 (formerly Saf-C 302.22)

N.H. Code Admin. R. Ann. Saf-C 302.26 Motor fuel and petroleum products transporter {#sec-saf-c-302.26 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.26}

“Motor fuel and petroleum products transporter” means a company or vehicle that hauls liquid motor fuels and/or petroleum products pursuant to RSA 146-A into New Hampshire. The term includes “transporter”.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.19); ss by #13186, eff 4-7-21 (formerly Saf-C 302.23)

N.H. Code Admin. R. Ann. Saf-C 302.27 Person {#sec-saf-c-302.27 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.27}

“Person” means “person” as defined in RSA 21:9.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.20); ss by #13186, eff 4-7-21 (formerly Saf-C 302.24)

N.H. Code Admin. R. Ann. Saf-C 302.28 Pipeline {#sec-saf-c-302.28 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.28}

“Pipeline” means a fuel distribution system that moves product, in bulk, through a pipe, either from a refinery to a terminal or from a terminal to another terminal.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.21); ss by #13186, eff 4-7-21 (formerly Saf-C 302.25)

N.H. Code Admin. R. Ann. Saf-C 302.29 Prescribed filing date {#sec-saf-c-302.29 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.29}

“Prescribed filing date” means the date, pursuant to the road toll law and these rules, on which reports are to be filed with the administration.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.22); ss by #13186, eff 4-7-21 (formerly Saf-C 302.26)

N.H. Code Admin. R. Ann. Saf-C 302.30 Propane {#sec-saf-c-302.30 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.30}

“Propane” means a 3-carbon alkane gas (C3H8), that when stored under pressure inside a tank, is a colorless, odorless liquid. It is obtained as a by-product from the refining of petroleum or from natural gas processing. Propane is the main component of liquefied petroleum gas.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15 ss by #13186, eff 4-7-21 (formerly Saf-C 302.27); ss by #13186, eff 4-7-21 (formerly Saf-C 302.27)

N.H. Code Admin. R. Ann. Saf-C 302.31 Rack {#sec-saf-c-302.31 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.31}

“Rack” means a mechanism used to dispense accountable product/motor fuel from a refinery, terminal, or bulk plant into a transport truck, railroad tank car or other means of transportation.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.23); ss by #13186, eff 4-7-21 (formerly Saf-C 302.28)

N.H. Code Admin. R. Ann. Saf-C 302.32 Report {#sec-saf-c-302.32 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.32}

“Report” means any report submitted to the administration as required by the road toll law or these rules.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.24); ss by #13186, eff 4-7-21 (formerly Saf-C 302.29)

N.H. Code Admin. R. Ann. Saf-C 302.33 Refinery {#sec-saf-c-302.33 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.33}

“Refinery” means any facility used to process crude oil, unfinished oils, natural gas liquids, or other hydrocarbons into any accountable product/motor fuel.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.25); ss by #13186, eff 4-7-21 (formerly Saf-C 302.30)

N.H. Code Admin. R. Ann. Saf-C 302.34 Revocation {#sec-saf-c-302.34 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.34}

“Revocation” means “revocation” as defined in RSA 259:90.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.31); ss by #13186, eff 4-7-21 (formerly Saf-C 302.31)

N.H. Code Admin. R. Ann. Saf-C 302.35 Special fuel {#sec-saf-c-302.35 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.35}

“Special fuel” means “special fuel” as defined in RSA 259:103-a.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.32); ss by #13186, eff 4-7-21 (formerly Saf-C 302.32)

N.H. Code Admin. R. Ann. Saf-C 302.36 Storage facility {#sec-saf-c-302.36 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.36}

“Storage facility” means a permanently affixed enclosed space used for the accumulation and subsequent distribution of motor fuel at the wholesale level. The term does not include any product contained in a facility that is attached to a pump used for retail sale to the public.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.28); ss by #13186, eff 4-7-21 (formerly Saf-C 302.33)

N.H. Code Admin. R. Ann. Saf-C 302.37 Suspension {#sec-saf-c-302.37 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.37}

“Suspension” means “suspension” as defined in RSA 259:107.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.29); ss by #13186, eff 4-7-21 (formerly Saf-C 302.34)

N.H. Code Admin. R. Ann. Saf-C 302.38 Terminal {#sec-saf-c-302.38 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.38}

“Terminal” means a reportable fuel storage and distribution facility that is supplied by pipeline or vessel and from which reportable fuel may be removed at a rack. The term includes bulk plants that store reportable fuel for others.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.30); ss by #13186, eff 4-7-21 (formerly Saf-C 302.35)

N.H. Code Admin. R. Ann. Saf-C 302.39 Transaction {#sec-saf-c-302.39 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.39}

“Transaction” means a line of data on a road toll report schedule.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.31); ss by #13186, eff 4-7-21 (formerly Saf-C 302.36)

N.H. Code Admin. R. Ann. Saf-C 302.40 United States Gov’t Armed Forces {#sec-saf-c-302.40 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.40}

“United States Gov’t Armed Forces” means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard.

History

#12058, INTERIM, eff 1-1-17, EXPIRED: 6-30-17
#12520, eff 4-25-18; ss by #13186, eff 4-7-21 (formerly Saf-C 302.37)

N.H. Code Admin. R. Ann. Saf-C 302.41 Vessel {#sec-saf-c-302.41 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 302.41}

“Vessel” means a ship, boat, barge or other watercraft that is designed to move in or through the water.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 302.32); renumbered by #12058 (from Saf-C 302.37); ss by #13186, eff 4-7-21 (formerly Saf-C 302.38)

Part Saf-C 303 International Fuel Tax Agreement

N.H. Code Admin. R. Ann. Saf-C 303.01 Agreement {#sec-saf-c-303.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.01}

(a) Pursuant to the authority provided by RSA 21-P:14, VI, all persons operating qualified motor vehicle(s) in New Hampshire, and one or more additional member jurisdiction(s), shall comply with the licensing and reporting requirements of the international fuel tax agreement, including the articles of agreement, audit manual, and the administrative procedures manual, as ratified by the member jurisdictions.

(b) The International Fuel Tax Agreement shall be referred to as “IFTA” in these rules.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.02 Applicability {#sec-saf-c-303.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.02}

(a) All persons operating qualified motor vehicle(s), in New Hampshire and one or more additional member jurisdiction(s) shall comply with IFTA.

(b) For the purposes of this part, “qualified motor vehicle” means a motor vehicle used, designed, or maintained for the transportation of persons or property that:

(1) Has 2 axles and a gross vehicle weight or registered gross vehicle weight that exceeds 26,000 pounds or 11,797 kilograms;

(2) Has 3 or more axles; or

(3) Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.03 Availability {#sec-saf-c-303.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.03}

Copies of IFTA, the procedures manual and/or audit manual may be obtained online at https://www.iftach.org/manuals/2019/PM/Procedures%20Manual%2011-22-19.pdf and https://www.iftach.org/manuals/2017/AM/Audit%20Manual%20-%20July%202017.pdf respectively, or from the road toll bureau by sending a written request to:

Department of Safety

Road Toll Bureau

33 Hazen Drive

Concord, NH 03305

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.04 IFTA Bond Requirement {#sec-saf-c-303.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.04}

(a) The administration shall require a bond executed by a surety company in the event of failure to pay taxes in accordance with the provisions set forth in Saf-C 303.01(a).

(b) The bond required pursuant to (a) above shall be in an amount equal to the quarterly IFTA tax liability of the licensee.

(c) In lieu of furnishing a bond executed by a surety company, a licensee may deposit cash or cash equivalent to the state treasurer in the amount of the bond required pursuant to this section.

(d) In lieu of (a) or (c) above, a licensee may file a letter of credit from his/her bank that is in compliance with the Uniform Commercial Code, stating that the bank will honor demands for payment necessary to meet the requirements of this section.

(e) After 4 consecutive quarters, in the event that all taxes have been paid, the licensee shall be released from the requirements of this section.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.05 Form RT 129, Application for IFTA {#sec-saf-c-303.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.05}

(a) An applicant shall submit the following on form RT 129, “State of NH-International Fuel Tax Agreement (IFTA) Application”:

(1) Applicant’s legal name and trade name, if different from legal name;

(2) Applicant’s mailing and physical address;

(3) IFTA account number;

(4) Federal taxpayer identification number;

(5) US Department of Transportation (USDOT) number, and indication as to whether the number is the applicant’s or lessor’s;

(6) Name of primary contact, including:

a. Title;

b. Telephone number; and

c. Email address;

(7) IRP base jurisdiction and account number;

(8) Indication as to whether the applicant has bulk storage, and if yes:

a. Whether clear or dyed; and

b. Location of tanks;

(9) Indication as to whether the applicant is registered with the secretary of state’s office to do business in New Hampshire, and if yes, the business identification number;

(10) Indication as to whether the applicant has any other IFTA accounts, and if so all account numbers;

(11) Indication as to whether any IFTA license is currently suspended or revoked in any jurisdiction, and if yes list of all jurisdictions;

(12) Indication as to whether any of the applicant’s vehicles are leased, and if yes, indication as to whether the leasing company is responsible for the filing of the quarterly tax reports;

(13) Indication as to whether any of the IFTA vehicles consume the following fuel:

a. Diesel;

b. Gasoline;

c. Gasohol;

d. LPG/propane;

e. Natural gas; or

f. The type of any other fuel;

(14) Quantity of vehicles requiring decals;

(15) Preparer’s name, title and signature, along with the date the preparer signed the application.

(b) For each vehicle that the applicant wants to register, the applicant shall provide the following on form RT 129, “State of NH-International Fuel Tax Agreement (IFTA) Application”:

(1) Vehicle plate number, year and make;

(2) Vehicle fuel type used;

(3) Gross/combined vehicle weight;

(4) Indication as to whether the vehicle will be used in combination with a trailer;

(5) Vehicle identification number; and

(6) Number of axles.

(d) The signatory shall execute the application under penalties of unsworn falsification pursuant to RSA 641:3.

(e) By signing the application, the signatory agrees:

(1) To comply with reporting, payment, record keeping and license display requirements as specified by the International Fuel Tax Agreement;

(2) That the base jurisdiction may withhold any refunds due if the applicant is delinquent on payment of fuel taxes due any member jurisdiction;

(3) That failure to comply with the aforementioned provisions shall be grounds for revocation of license in all member states; and

(4) Information provided on the application is accurate and complete, to the best of his or her knowledge.

History

#13186, eff 4-7-21 (see Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.06 Form IFTA-100, IFTA Quarterly Fuel Use Tax Return {#sec-saf-c-303.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.06}

(a) Anyone holding a license under IFTA shall complete and submit, on a quarterly basis, form IFTA-100, ÍFTA Quarterly Fuel Use Tax Return” and form IFTA-101, “ÍFTA Quarterly Fuel Use Tax Schedule” as set forth in Saf-C 303.07.

(b) An applicant shall submit the following on form IFTA-100, “Quarterly Fuel Use Tax Return”:

(1) Licensee’s account number and IFTA license number;

(2) Indication as to whether the licensee:

a. Did not operate in any jurisdiction;

b. Cancelled license;

c. Is amending a return; or

d. Submitting an address change;

(3) Amount of payment due;

(4) Diesel fee due, as calculated on form IFTA 101;

(5) Gasoline fee due, as calculated on form IFTA 101;

(6) Ethanol fee due, as calculated on form IFTA 101;

(7) LPG/ propane fee due, as calculated on form IFTA 101;

(8) Other fuel type fees due, as calculated on form IFTA 101;

(9) Total due/refund(s) from each fuel summary;

(10) Late filing penalty;

(11) Total of (9) and (10);

(11) Credit/balance from prior quarter;

(12) Total due the state or refund due the licensee, as appropriate by subtracting (11) from (10) above;

(13) Whether a refund is requested;

(14) The preparer's:

a. Title;

b. Employer identification number;

c. Address and telephone number;

d. Signature and date thereof;

(15) Taxpayer’s telephone number; and

(16) Signature of authorized individual to act on behalf of taxpayer, and date thereof.

(b) By signing the form IFTA-100, “IFTA Quarterly Fuel Use Tax Return”, the signatory is certifying that the business is duly licensed and the return, including any schedules, is true, correct and complete to the best of his or her knowledge.

History

#13186, eff 4-7-21 (see Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 303.07 Form IFTA-101, IFTA Quarterly Fuel Use Tax Schedule {#sec-saf-c-303.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 303.07}

(a) Form IFTA-101, “IFTA Quarterly Fuel Use Tax Schedule” shall be submitted along with form IFTA 100, “IFTA Quarterly Fuel Use Tax Return” as set forth in Saf-C 303.06, as appropriate.

(b) An applicant shall submit the following on form IFTA-101, “IFTA Quarterly Fuel Use Tax Return”, for each fuel type:

(1) Licensee’s name and account number;

(2) IFTA license number;

(3) End due date of the quarter period;

(4) Total miles traveled in IFTA jurisdictions;

(5) Total miles traveled in non-IFTA jurisdictions;

(6) Total miles traveled by adding (4) and (5) above;

(7) Total gallons; and

(8) Average fleet miles per gallon by dividing (6) by (7) above;

(9) Total miles traveled in each IFTA jurisdiction;

(10) Total IFTA taxable miles for each IFTA jurisdiction;

(11) Taxable gallons by dividing (10) by the average fleet miles per gallon in (8) above;

(12) Tax-paid gallons of fuel purchased in each IFTA jurisdiction;

(13) Net taxable gallons by subtracting (12) from (11) above;

(14) Tax credit or tax due by multiplying the sum in (13) above with the jurisdiction’s tax rate;

(15) Interest due for each jurisdiction, if applicable;

(16) Total due by adding (14) and (15) above; and

(17) Total of (16) above for each fuel type and each jurisdiction.

History

#13186, eff 4-7-21 (see Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 304 Administration and General Requirements

N.H. Code Admin. R. Ann. Saf-C 304.01 Collection of Tolls {#sec-saf-c-304.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.01}

All motor fuel and special fuel shall be assessed for tolls in accordance with the applicable laws and these rules.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.02 Licensing of Vehicles {#sec-saf-c-304.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.02}

All vehicles owned and operated by the United States government, the government of any state or province of Canada, or political subdivision thereof, including any municipality and any governmental agency thereof, shall be exempt from all road toll licensing requirements.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.03 Single-Trip Authorization {#sec-saf-c-304.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.03}

(a) A single-trip authorization to operate a vehicle as set forth in RSA 260:52, VI, shall be issued for a 3-day period if the following criteria are met:

(1) The operator is only in the state on a temporary basis; and

(2) The operator does not regularly conduct business in the state.

(b) Pursuant to RSA 260:52, VI, the fee for a single-trip authorization shall be $10.00, which shall be received by the administration prior to the issuance of the authorization.

(c) Every single-trip authorization to operate a vehicle shall be carried in the vehicle to which it has been issued, while it is in effect, and shall be displayed to any law enforcement officer or agent of the department upon demand. Failure to carry the authorization in the vehicle shall render the authorization invalid and the vehicle unlicensed.

(d) No person shall refuse or fail to allow a law enforcement officer or agent of the department to take an authorization in hand for inspection.

(e) A dealer shall be authorized to issue a single-trip user of fuel license to a person who, in the course of seeking repairs to a vehicle, requests to operate such vehicle in New Hampshire.

(f) A single-trip user of fuel licenses shall be distributed by the department to dealers for issuance.

(g) A dealer-issued single-trip user of fuel license shall be issued on form RT 206, “Dealer-Issued Temporary User of Fuel License”, revised 12/09.

(h) A single-trip user of fuel license shall be issued to any user who does not operate the vehicle within New Hampshire, except to seek repairs.

(i) A dealer-issued single-trip user of fuel license shall be effective from the date of issuance until the vehicle reaches its repair destination and then returns to the user's out-of-state point of origin subject to the limitations of (a) above.

(j) Every dealer-issued single-trip user of fuel license shall be carried in the vehicle to which it has been issued, while it is in effect and shall be displayed to any law enforcement officer or agent of the department upon demand. Failure to carry the license in the vehicle shall render the license invalid and the vehicle unlicensed.

(k) Notwithstanding the provisions of (j) above, if a user requires immediate repairs and is unable to physically possess a dealer-issued single trip user of fuel license prior to seeking repairs within New Hampshire, the following shall apply:

(1) In an emergency, a user shall contact the dealer where the repairs are to be completed and obtain a permit number by telephone or fax machine;

(2) Once the dealer has issued a permit number, the corresponding single-trip user of fuel license shall be completed by the dealer as if it was issued to the user in-person;

(3) The dealer shall give the user the completed permit upon arrival at the dealer's place of business;

(4) A user who obtains a permit in an emergency shall be deemed to have obtained a valid license in accordance with this section;

(5) Any user who is requested by a law enforcement officer or an agent of the department to display a single-trip user of fuel license shall inform the officer or agent of the emergency and the permit number issued by the dealer; and

(6) In an emergency and upon the request of a law enforcement officer or an agent of the department, a user shall provide the officer or agent with a copy of the permit as soon as it is received from the dealer.

(l) All copies of single-trip user of fuel licenses issued by a dealer shall be kept by the dealer for a minimum period of 4 years.

(m) Pursuant to RSA 260:52, VI, the fee for an emergency single-trip user of fuel license shall be $5.00, which the dealer shall pay to the administration prior to the issuance of any emergency license.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.04 Cancellation of Accounts {#sec-saf-c-304.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.04}

(a) Unless otherwise provided in these rules, a person subject to the provisions of the road toll law shall be considered to have ceased to do business within this state upon notifying the administration, in writing, within 15 days of cessation of business.

(b) All tolls, penalties and interest imposed by the road toll law and these rules that have accumulated prior to the end of any reporting period, shall become due and payable concurrently with the cessation of business.

(c) Upon cessation of business, the person shall report and pay in full all tolls, interest and penalties and surrender any license issued by the administration.

(d) The person shall continue to be subject to all requirements of the road toll law and these rules until notice of cessation of business, as required in (a) above, is received by the administration.

(e) The administration shall cancel the licensee’s account within 60 days of the expiration of the license, provided that the licensee has met all reporting requirements and has paid all tolls, interest and penalties in accordance with the road toll law and these rules.

(f) When a person cancels his/her account with the administration pursuant to (a) above, upon filing the final tax return, any existing credit due shall be refunded.

(g) The administration shall cancel any distributor account that has been inactive for a period of 6 months.

(h) The administration shall cancel any IFTA account that has been inactive for a period of 3 consecutive quarters, in accordance with the provisions set forth in Saf-C 303.01.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.05 Reporting - General {#sec-saf-c-304.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.05}

(a) All reports shall be filed in the true legal name of a licensee, which shall be the same name to which the license is issued.

(b) All required reports shall be filed for each reporting period during which a person holds a valid license.

(c) All required reports shall be filed, even when there has been no operation within the state during a given reporting period.

(d) The failure or inability to acquire forms or to file electronically, if required, shall not exempt any person from the obligation to file the required reports within the time specified, as required in RSA 260:38, RSA 260:42, RSA 260:52 and these rules.

(e) A facsimile of the official forms provided by the administration shall be accepted if the person is filing by paper and does not have access to the official forms.

(f) The following filing dates shall apply:

(1) For reports that are mailed to the administration, the filing date shall be the date on the post office cancellation mark, or if delivered by another service, the date of shipment;

(2) For reports that are hand-delivered, the filing date shall be the date upon which the reports are received and time-stamped by the administration; and

(3) For reports submitted electronically, the filing date shall be the date upon which the reports are accepted without critical error.

(g) The failure of any person to obtain a license as required by the road toll law and these rules shall not relieve the person from liability for all road toll fees incurred as a result.

(h) When a person that is subject to the road toll law fails to pay the amount of road tolls due, the road toll shall bear interest at the rate established in the IFTA articles of agreement, pursuant to Saf-C 303.01(a).

(i) The licensee shall be responsible to file or cause to be filed all reports required by RSA 260:38, RSA 260:42, RSA 260:52 and these rules by the prescribed filing date.

(j) If a licensee has overpaid any road toll or other fee for which he/she was liable, because of an error in calculation, a refund shall be issued to the licensee in the amount of the excess payment. Refunds shall not be issued for individual amounts of less than one dollar. Pursuant to RSA 260:50, II, refunds shall not be issued more than 4 years after the date of payment of road tolls erroneously collected.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.06 Electronic Filing {#sec-saf-c-304.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.06}

(a) The department shall accept the following reports electronically:

(1) MFD 1-S/AF, “Motor Fuel and Aviation Fuel Distributor Report”, as revised 07/2018;

(2) RT 113, “Motor Fuel & Petroleum Products Transporter Report”, as revised 03/2010;

(3) RT 132, “Application for Motor Fuel & Aviation Fuel Distributor License”, as revised 03/2010;

(4) RT 132a, “Application for Biodiesel Fuel Distributor License”, as revised 03/2010;

(5) RT 132b, “Application for Alternative Fuels Dealer License”, as revised 01/2015; and

(6) RT 111, “Application for Motor Fuel & Petroleum Products Transporter’s License”, as revised 07/2016.

(b) The reports set forth in (a) above shall be submitted as follows:

(1) Licensees with 100 or more total transactions during a reporting period shall submit reports electronically, with any and all road toll due paid by means of ACH debit transfer;

(2) Licensees with less than 100 total transactions during a reporting period may submit paper returns, accompanied by a check made payable to the “State of NH – Road Toll” for the total amount of road toll due, as shown on the return; and

(3) Once a licensee files 100 or more total transactions during any one reporting period, he/she shall file all future reports electronically, regardless of the number of transactions.

(1) Submit reports via the web-based automated fuel tax system; or

(2) Submit reports via electronic data interface, with the licensee bearing the cost to provide and maintain the equipment, software, security and other related expenses.

(d) The filing date for electronically submitted reports shall be the date set forth in Saf-C 304.05(f)(3).

(e) Pursuant to RSA 294-E:7, I, a record or signature shall not be denied legal effect or enforceability solely because it is submitted in an electronic format.

(f) The failure to comply with all electronic filing requirements shall subject the licensee to the suspension of his/her motor fuel and aviation fuel distributor license or motor fuel and petroleum products transporter license.

(g) A licensee paying by means of ACH debit transfer shall first register with the department by completing and submitting form RT 150, “Registration for Electronic Fund Transfer Payment”, revised 03/2010.

(h) Form RT 150, “Registration for Electronic Fund Transfer Payment”, revised 03/2010, shall be signed by the account holder and serve as authorization for the department to initiate debit entries for the account specified at the financial institution and debit the account. By signing the form RT 150, “Registration for Electronic Fund Transfer Payment”, the account holder shall also acknowledge that the origination of ACH transaction to the account shall comply with the all laws.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.07 Protested Payment {#sec-saf-c-304.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.07}

(a) When a person submits a check or ACH debit in payment for a license, toll, fee, penalty or interest assessed pursuant to the road toll law or these rules and the check is returned as uncollectible, the person shall be immediately assessed a penalty of $25 or 5 percent of the face amount of the check or ACH debit, whichever is the greater, in addition to any other costs directly incurred by the administration in the process of collecting the amount of the returned check or ACH debit.

(b) Upon return of the check or ACH debit, the administrator shall follow the procedure set forth in Saf-C 305.07 for the purpose of obtaining full payment of all monies owed to the administration.

(c) If a person fails, neglects or refuses to pay the full amount of the returned check, the person shall be subject, as appropriate, to the relevant provisions of RSA 260:39, RSA 260:40, RSA 260:46, RSA 260:52, RSA 260:55, RSA 260:63, Saf-C 305.07, and any other administrative rules pertaining to the failure to pay any road toll, fee, penalty, or interest.

(d) If more than one check is returned as uncollectible within a 12 month period:

(1) The commissioner shall direct the licensee to pay all road toll charges by certified funds; and

(2) Any payment not made by certified funds pursuant to (e)(1) above shall be returned to the licensee and not be considered timely paid.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #12520, eff 4-25-18; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.08 Accounts Receivable {#sec-saf-c-304.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.08}

(a) In the event a person overpays or underpays any license, toll, penalty or other fee required by the road toll law, an account statement shall be issued to the person. Refunds shall not be issued more than 4 years after the due date of the return.

(b) Amounts of less than one dollar shall not be invoiced or refunded.

(c) The balance from an account statement shall be carried on the administration's appropriate account ledger and the account shall be suspended until resolved.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.09 Partial Payments {#sec-saf-c-304.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.09}

(a) Payments from a person made in an amount less than the total amount due shall be applied in the following order:

(1) First, against the penalties assessed pursuant to RSA 260:40;

(2) Second, against interest assessed pursuant to RSA 260:40-a and Saf-C 304.05(h);

(3) Third, against road tolls assessed in accordance with the specific law or rule administered by the department; and

(4) Fourth, against the protested check fees assessed pursuant to RSA 6:11-a.

(b) Interest shall continue to accrue on any toll liability remaining unpaid until the outstanding toll liability has been paid.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 304.10 Loss of Motor Fuel {#sec-saf-c-304.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 304.10}

(a) Pursuant to RSA 260:38, II, a licensed distributor, or its authorized representative, shall report immediately to the administration any losses sustained by the distributor as a result of fire, accident, or unavoidable calamity and shall do so by completing and submitting form RT 218, “Loss of Petroleum Product Notification”, as revised 12/10/03.

(b) A distributor shall not delay reporting motor fuel loss until the filing of the next monthly report.

(c) Failure to file RT 218 promptly shall result in the refusal of the credit for the loss against the distributor’s liability.

(d) An individual submitting RT 218, “Loss of Petroleum Product Notification”, as revised 12/10/03 shall sign and date the form under the penalty of unsworn falsification pursuant to RSA 641:3. If an authorized representative submits the RT 218 on behalf of the distributor, the authorized representative shall sign and certify that he or she has the authority to execute RT 218 on behalf of the distributor.

History

#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 305 Hearings

N.H. Code Admin. R. Ann. Saf-C 305.01 Procedural Requirements {#sec-saf-c-305.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.01}

(a) All administrative hearings held by the administration shall be conducted in accordance with the procedures set forth in Saf-C 200, unless otherwise specified in these rules.

(b) If the procedures contained in Saf-C 200 and these rules are duplicative or in conflict, the procedure contained in these rules shall take precedence.

(c) When a person fails to obtain any licenses required by the road toll law, IFTA, or these rules or fails to file any report or pay any tolls, fees, penalties or interest required by the law or rules, the administrator shall request a suspension of the person’s vehicle registration and right to operate any vehicle in accordance with RSA 261:178 and RSA 263:56-a.

(d) The suspension request shall be filed with the bureau of financial responsibility of the division of motor vehicles.

(e) A person who receives a suspension notice pursuant to (c) above may request a hearing within 30 days of issuance of the notice.

(f) If a hearing is requested, the bureau of hearings shall proceed in accordance with the requirements of Saf-C 200.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.02 Suspension of Licenses {#sec-saf-c-305.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.02}

(a) A person's motor fuel and aviation distributor, biodiesel distributor, alternative fuel dealer, IFTA or motor fuel and petroleum products transporter license shall be suspended if he or she:

(1) Files a report containing false data or information;

(2) Fails, neglects, or refuses to file any report required by the road toll law, IFTA, or these rules;

(3) Fails to pay the full amount of road tolls, penalties, interest, licensing, or any other required fees; or

(4) Violates any provision of Title XXI of the New Hampshire revised statutes annotated or any corresponding administrative rule or any other applicable law, if:

a. The violation is contrary to the public safety;

b. There is a pattern of violations of the law and/or administrative rules; or

c. The commissioner reasonably believes that suspension of the person's license will serve as a deterrent to future violations.

(b) The commissioner or his/her designee shall forward written notice of his/her intention to suspend a license to the last address of the person appearing on file. The suspension notice shall be sent by certified mail and shall state a time and place, at least 10 days after the date of the notice, at which the person may appear and show cause why his/her license should not be suspended.

(c) If the person fails to appear during the time specified in the notice of hearing, the commissioner or his/her designee shall suspend the person's license, unless the person demonstrates good cause for failing to appear as described in Saf-C 203.22(b).

(d) If the person appears for a hearing, the hearing shall be held before a hearings examiner and can include representatives of the administration.

(e) The scope of the hearing shall be limited to the following issues:

(1) The status of the person's account with the administration;

(2) The reason(s) the suspension action is being initiated; and

(3) The reason(s) the person believes that his/her license should not be suspended.

(f) The hearings examiner shall:

(1) Consider the issues and information presented at the hearing along with information from the records of the administration, as appropriate;

(2) After consideration, determine whether to suspend the person’s license; and

(3) Notify the person, in writing, of the decision.

(g) Following suspension of a license for any reason set forth in this section, a person shall be required to pay all outstanding road tolls, penalties, interest and fees prior to obtaining a new license or any privileges accorded to a licensee.

(h) When a previously suspended license has been restored, notice of the restoration shall be forwarded to the holder of the restored license.

(i) If a license has been issued without regard to the provisions of (h) above, or is issued in error, the commissioner or his/her designee shall suspend the license, after notice and opportunity for a hearing.

(j) The suspension of any license issued by the administration and not otherwise provided for shall be executed as prescribed in this section.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.03 Denial of License Application {#sec-saf-c-305.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.03}

(a) The commissioner or his/her designee shall deny, in writing, any application for a license if:

(1) The applicant’s license has been suspended for cause pursuant to any provision of the road toll law or these rules;

(2) The applicant has filed the application as a subterfuge for another person whose license has been suspended for cause pursuant to any provision of the road toll law or these rules; or

(3) The commissioner determines that the application has been filed in bad faith or has other reasonable grounds to deny the application.

(b) If a license has been issued without regard to the provisions of (a) above, or is issued in error, the commissioner or his/her designee shall suspend the license, after notice and opportunity for a hearing.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.04 Hearing for Denial of License Application {#sec-saf-c-305.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.04}

(a) Pursuant to Saf-C 305.03, the commissioner or his/her designee, shall forward written notice of his/her intention to deny an application for a license to the last address of the applicant appearing on file. The notice shall be sent by certified mail and shall state a time and place, at least 10 days after the date of the notice, at which the applicant may appear and show cause why his/her application for a license should not be denied.

(b) If the applicant fails to appear during the time specified in the notice, the commissioner or his/her designee shall deny the application for a license, which shall be final, unless the applicant demonstrates good cause for failing to appear as described in Saf-C 203.22.

(c) If the applicant appears for a hearing, the hearing shall be held before a hearings examiner and can include representatives of the administration.

(d) The scope of the hearing shall be limited to the following issues:

(1) If the applicant’s license was previously suspended, whether the applicant has resolved all the conditions for which the license was suspended;

(2) Whether the application was filed by or on behalf of persons in good standing with the administration;

(3) The names of those persons in whose interest the application was filed; and

(4) The reason(s) the applicant believes he/she is entitled to obtain a license.

(e) The hearings examiner shall review the issues and information presented at the hearing, along with all information from the records of the administration and any other evidence the hearings examiner deems relevant such as but not limited to:

(1) Information from other states;

(2) Information from surety companies; and

(3) Payments of accounts.

(f) After review and consideration, the hearings examiner shall order that the application for a license be granted or denied.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.05 Statutory Lien Hearing {#sec-saf-c-305.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.05}

(a) Pursuant to RSA 260:63, a person whose property or property rights are subject to a lien shall be entitled to a hearing, at which he/she can show cause why the lien should not be applied to his/her property or property rights.

(b) In accordance with RSA 260:63, I(c), notice of the person's right to request a hearing shall be sent by certified mail to the person’s residence or principal place of business, both of which shall be determined from the last information supplied by the person appearing on file at the administration.

(c) The person shall file a request for a hearing within 14 days of receipt of the notice. If a hearing is requested, a hearing examiner shall notify the person of the time and place at which the hearing shall be held.

(d) The hearing shall be held before a hearings examiner pursuant to RSA 260:44 and in accordance with the provisions of Saf-C 200.

(e) The scope of the hearing shall be limited to the following:

(1) The amount of road tolls, fees, and interest due the state of New Hampshire from the person;

(2) The nature and location of the person's real or personal property;

(3) Whether or not the person has filed a bond with the road toll administration and if so, the amount of the bond; and

(4) The reason(s) the person believes the lien should not be applied to his/her property or property rights.

(f) The hearings examiner shall review the issues and information presented at the hearing, along with all information from the records of the administration and any evidence presented by the person subject to the lien. After review and consideration, the hearings examiner shall determine the amount of road tolls or fees plus interest and cost due the state. If road tolls or fees are not satisfied, the administration shall file a notice of lien in accordance with RSA 260:63, II. A copy of the order shall be furnished to the person.

(g) If the person fails to request a hearing within the time prescribed by RSA 260:63, I(c), or fails to appear for the hearing, the commissioner or his/her designee shall determine the amount of road tolls or fees plus interest and costs due the state. If road tolls or fees are not satisfied, the administration shall file a notice of lien in accordance with RSA 260:63, II. Under such circumstances, the decision shall be deemed final.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.06 Refund Disallowment Hearing {#sec-saf-c-305.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.06}

(a) Except as provided in (b) below, an applicant who disagrees with the results of a disallowed claim for a refund may submit his/ her objection(s), in writing, within 30 days of the date of the disallowment letter. The objection(s) shall be submitted to the administration, along with all evidence in support of the claimant’s position. Upon receipt, an administrative hearing shall be held in accordance with the provisions of Saf-C 200, unless otherwise set forth in these rules. Failure of the claimant to comply within the prescribed period of time shall constitute acceptance of the disallowment.

(b) If an agency of a political subdivision within this state applies to the administration for a refund of the road tolls pursuant to RSA 260:47, III(a), and the refund is disallowed, the political subdivison may appeal the disallowment to the commissioner. Appeals shall be considered only if a disallowment was ordered because a refund claim was filed after the prescribed filing time limitation in accordance with RSA 260:47 and provided that no other filing deadline waiver has been granted within 3 years of appeal.

(c) Upon receipt of an appeal request, the commissioner shall set a time and place at which the appellant may appear and show good cause why a waiver should be granted.

(d) The hearing shall be held before the commissioner and can include representatives from the agency of the political subdivision and the administration.

(e) The scope of the hearing shall be limited to the following issues:

(1) The circumstances that resulted in the late filing by an agency of a political subdivision of a refund claim;

(2) The refund claim number and the amount of the refund requested; and

(3) The reason(s) the appellant believes that he/she is entitled to a waiver.

(f) The commissioner shall review the issues and information presented at the hearing, along with all information from the records of the administration. In the case of a disallowment due to a late filing by an agency of a political subdivision within the state, after review and consideration, the commissioner shall order that the previously disallowed refund claim be granted if it is determined that the late filing was caused by circumstances beyond the appellant’s control and a waiver had not been granted more often than once in 3 years pursuant to RSA 260:47, III(a)(1)(B).

(g) If the commissioner decides to allow a refund claim, the administration shall immediately process the claim.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.07 Hearing for Returned Checks {#sec-saf-c-305.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.07}

(a) "Signatory" as used in this section shall include the person issuing the check, or any other person who has obtained any license, registration, permit, or the payment of any road toll, penalty, or interest by the issuance thereof.

(b) When any check in payment for any license, registration, or permit, issued by the administration, or of any toll, fee, penalty, or interest assessed under the provisions of the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300, is returned as uncorrectable, the check shall not be redeposited.

(1) Notification that the check has been returned and the reason;

(2) Notification that the check cannot be redeposited;

(3) A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a, and any additional penalty and interest assessed by the road toll law or these rules;

(4) Notification that payment shall be by certified check, money order, or cash;

(5) Notification that when payment is sent by mail, the preferred medium of exchange shall be by certified check or money order;

(6) Notification that payment shall be sent to:

Department of Safety

Road Toll Bureau

33 Hazen Drive

Concord, New Hampshire 03305

(7) Notification that unless payment is received, or a hearing is requested within 10 working days from the date of the notice, action shall be initiated to:

a. Suspend any license, registration, permit, or any combination thereof which was obtained by issuance of the returned check;

b. Suspend any license, registration, permit, or any combination thereof, where the returned check was used in payment for any toll, penalty, or interest for which the signatory was liable by virtue of holding said license, registration, or permit;

c. Suspend the vehicle registration of any New Hampshire registered vehicle which has been issued a license, registration, or permit which may be suspended under a. or b. above; or

d. Suspend the privilege to drive any vehicle within the State of New Hampshire where the vehicle is registered in a foreign state, is leased, owned, or driven by the signatory of the returned check, and has been issued any license, registration, or permit which may be suspended under a. or b. above.

(d) If restitution of the full amount of the returned check, together with payment of any penalty and interest assessed under the provisions of the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300 is not received within the time specified by Saf-C 305.07 (c)(7), or a hearing is not requested, the administrator shall generate a suspension notice to take effect in 10 days from the date of the notice.

(e) In any case involving action to cancel a distributor's license, the order issued by the road toll administrator shall be sent by certified mail.

(f) A hearing may be requested in writing. Such a request shall preclude the suspension from taking effect.

(g) The person requesting the hearing shall have the burden of proving by a preponderance of the evidence that:

(1) The person is not indebted to the road toll bureau; or

(2) The person has made full restitution of the returned check, and has paid any interest or penalty assessed by the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300.

(h) At the conclusion of a hearing, a hearings examiner shall cancel any of the items enumerated in Saf-C 305.07(c)(7)a. or b., or any combination thereof, and shall suspend any vehicle registration or privilege to drive as specified in Saf-C 305.07(c)(7)c. or d., respectively, in any case in which it is found that:

(1) The signatory is indebted to the road toll bureau as a result of the returned check; and

(2) The signatory has not paid to the road toll bureau the full amount of the returned check and any penalty or interest assessed by the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300.

(i) Where a distributor's license is suspended under any provision of this section, the administrator shall notify the distributor of the suspension by registered mail.

(j) Except for driving privileges suspended pursuant to Saf-C 305.07(c)(7)d., any item cancelled or suspended under these rules shall be returned to the department immediately following the effective date of the cancellation or suspension, and notice of this requirement shall be included in any suspension order issued.

(k) Any item canceled or suspended under this rule shall be restored upon receipt of restitution of the full amount of the returned check together with any interest or penalty owed to the department, and restoration shall not become effective until notice is given by the department.

(l) Notwithstanding (k), restoration shall not take place if the item is under suspension or revocation for other reasons.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #12520, eff 4-25-18 (formerly Saf-C 211.03); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.08 Prosecution {#sec-saf-c-305.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.08}

Nothing contained in these rules shall preclude the department from seeking criminal prosecution, under RSA 638:4, of any person who has issued a bad check.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #12520, eff 4-25-18 (formerly Saf-C 211.04) ); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.09 Noncompliance with Road Toll Law {#sec-saf-c-305.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.09}

After notice and an opportunity for a hearing, the commissioner shall suspend the registration of any vehicle, or the privilege to operate any vehicle, in the state of New Hampshire where:

(a) The owner, lessee, or driver of a vehicle fails to obtain any license as defined by Saf-C 300, permit, or registration for the vehicle or where the license, permit, or registration is required under provisions of the road toll law, or these rules. Any suspension issued under this paragraph shall remain in effect until the owner, lessee, or driver obtains the appropriate license, permit, or registration and complies with all provisions of the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300; or

(b) The owner, lessee, or driver of a vehicle fails to pay any road toll, highway use fee, permit fee, or any other charge as required by law, where the owner, lessee, or driver is liable under the provisions of the road toll law RSA 260, RSA 6:11-a or Saf-C 300, by virtue of his ownership, leasing, or driving of the vehicle. Any suspension issued under this paragraph shall remain in effect until the owner, lessee or driver pays all tolls, fees, and other charges.

History

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (formerly Saf-C 210.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #12520, eff 4-25-18 (formerly Saf-C 211.05); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.10 Rehearing of Reimposition of Bond Requirement {#sec-saf-c-305.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.10}

(a) A licensed distributor exempt from the bond requirement who has been notified of the reimposition of the bond requirement pursuant to Saf-C 306.11 and RSA 260:37-a may request in writing a rehearing to the commissioner within 30 days of the decision.

(b) A request for rehearing shall set forth every ground upon which it is claimed that the commissioner’s decision is unlawful or unreasonable.

(d) Pursuant to RSA 541:6, within 30 days after the request for rehearing is denied, the licensed distributor may appeal to the supreme court.

History

#12961, INTERIM, eff 1-1-20, EXPIRED: 6-29-20
#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 305.11 Suspension {#sec-saf-c-305.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 305.11}

of Licensed Distributor Exempt from Bond Requirement.

(a) Pursuant to RSA 260:39-a, the commissioner shall immediately suspend the license of a licensed distributor exempt from bond requirement for any of the following:

(1) Filing a false monthly report; or

(2) Willfully fails, neglects, or refuses to file a monthly report or pay the amount of road toll required by RSA 260.

(b) The commissioner shall provide the licensee written notification of the immediate suspension of the license and shall provide a date, time and place of a hearing to be held within 10 days of the written notice where the licensee may appear and show cause why the license should be reinstated. Notwithstanding any rule to the contrary, the licensee shall remain suspended until otherwise ordered by a hearing examiner.

(c) Pursuant to RSA 263:39-a, III, written notification of suspension shall be presumed to have been served if sent to the last known recorded address of the licensee.

(d) If after a hearing, the distributor’s license remains suspended, the distributor may appeal the hearing examiner’s decision to the Merrimack County superior court within 30 days of the date of the hearing examiner’s decision.

History

#12961, INTERIM, eff 1-1-20, EXPIRED: 6-29-20
#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 306 Motor Fuel and Biodiesel Distributors

N.H. Code Admin. R. Ann. Saf-C 306.01 Motor Fuel and Aviation Fuel Distributor License {#sec-saf-c-306.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.01}

(a) An applicant for a motor fuel and aviation fuel distributor license shall complete and submit form RT 132, “Application for Motor Fuel & Aviation Fuel Distributor License”, as revised 01/2020.

(b) In addition to (a) above, the applicant shall complete and submit a fully executed form RT 133, “Motor Fuel Distributor Bond”, as revised 03/2010. The applicant’s signature shall affirm the applicant’s obligation as licensee in accordance with RSA 260:37, I(a).

(c) Pursuant to RSA 260:37, II, surety shall be released prospectively. Prior liability shall be retained until a final audit is performed and results settled. For the purposes of this paragraph, “released prospectively” means the surety is released from all liability arising after the date upon which release is granted.

(d) An applicant shall renew a motor fuel and aviation fuel distributor license on a fiscal year basis from July 1 through June 30 by completing and submitting form RT 132 as revised 01/2020, and RT 133 as revised 03/2010, pursuant to (a) and (b) above.

(e) The surety company, through its agent and attorney, shall also execute RT 133, “Motor Fuel Distributor Bond”, as revised 03/2010. The surety agent and agent attorney shall sign RT 133, as revised 03/2010, and shall affix its corporate seal.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, paras (a) & (b) EXPIRED: 6-30-15; paras. (a) & (b) amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.02 Biodiesel Fuel Distributor License {#sec-saf-c-306.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.02}

(a) An applicant for a biodiesel fuel distributor license shall complete and submit RT 132a, “Application for Biodiesel Fuel Distributor License”, as revised 03/2010.

(b) An applicant shall renew a biodiesel fuel distributor license on a fiscal year basis from July 1 through June 30 by completing and submitting form RT 132a Application for Biodiesel Fuel Distributor License, as revised 03/2010, pursuant to (a) above.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; para. (a) amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.03 Alternative Fuel Dealer License {#sec-saf-c-306.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.03}

(a) An applicant for an alternative fuel dealer license shall complete and submit form RT 132b, “Application for Alternative Fuels Dealer License” (Rev 01/2015).

(b) An applicant for an alternative fuel dealer license shall file a bond that complies with RSA 260:37. A current motor fuel and aviation fuel distributor licensee or biodiesel fuel distributor licensee having a bond as required by RSA 260:37-d, II and RSA 260:37 shall fulfill this requirement by either competing and submitting form RT 133a, “Alternative Fuels Dealer Bond Form” (Rev 01/2015), or resubmitting the current bond on form RT 132, “Application for Motor Fuel & Aviation Fuel Distributor License”, as revised 01/2020, in an amount sufficient to comply with RSA 260:37 for all licensed activities.

(d) An applicant shall renew an alternative fuel dealer license on a fiscal year basis from July 1 through June 30 by completing and submitting form RT 132b, “Application for Alternative Fuels Dealer License”, as revised 01/2015, and RT 133a, “Alternative Fuels Dealer Bond Form”, as revised 01/2015, pursuant to (a) and (b) above.

(e) An applicant’s signature on form RT 133a, “Alternative Fuels Dealer Bond Form” (Rev 01/2015), shall affirm the applicant’s obligations as licensee in accordance with RSA 260:37, I(a).

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.04 Motor Fuel and Aviation Fuel Distributor License Reporting Requirements {#sec-saf-c-306.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.04}

(a) Upon approval of an application for a motor fuel and aviation fuel distributor license pursuant to Saf-C 306.01, the administration shall issue a certificate to the distributor.

(b) A distributor as defined in RSA 259:21 shall complete and submit reports on form MFD 1-S/AF, “Motor Fuel & Aviation Fuel Distributor Report”, as revised 07/2018.

(c) Form MDF 1-S/AF, pursuant to (b) above shall be completed, submitted, and maintained together with the following proper supporting documentation:

(1) MFD 2, 2E, 2F, 3, 4 – “Schedule of Receipts”, as revised 07/2018;

(2) MFD 5, 5X, 6, 6F, 7, 8, 9 – “Schedule of Disbursements”, as revised 07/2018; and

(3) MFD 13C, 13H, 13K – “Schedule of Tax-Paid Credits”, as revised 07/2018.

(d) Pursuant to RSA 260:38, the forms set forth in (b) and (c) above shall contain the total number of gallons used and sold in this state.

(e) The forms set forth in (b) and (c) above shall be filed under the penalty of unsworn falsification, pursuant to RSA 641:3.

(f) The forms set forth in (b) and (c) above shall be filed, even when there has been no operation during the given month.

(g) The preparer shall print his/her name and title, sign, and date the form.

(h) An applicant may submit the following information on forms MFD schedule 13C, 13H and 13K, “Schedule of Tax-Paid Credits”, as revised 07/2018:

(1) Carrier name and federal employer identification number;

(2) Mode of transportation; or

(3) Document number.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd and renumbered by #10753, INTERIM, eff 1-1-15 (formerly Saf-C 306.03), para. (a) EXPIRED: 6-30-15; para. (a) amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.05 Biodiesel Fuel Distributor License Reporting Requirements {#sec-saf-c-306.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.05}

(a) Upon approval of an application for a biodiesel fuel distributor license pursuant to Saf-C 306.02, the administration shall issue a certificate to the distributor.

(b) A distributor as defined in RSA 260:36-d, I shall complete and submit reports on form BDF 1, “Biodiesel Fuel Distributor Report”, as revised effective 01/2017.

(c) Form BDF 1 pursuant to (b) above shall be completed, submitted, and maintained together with the following proper supporting documentation:

(1) BDF 2, 2E, 2F, 3, 4 – “Schedule of Receipts”, as revised effective 01/2017;

(2) BDF 5, 6, 6F, 7, 8, 9 – “Schedule of Disbursements”, as revised effective 01/2017; and

(3) BDF 13C, 13H – “Schedule of Tax-Paid Credits”, as revised effective 01/2017.

(d) Pursuant to RSA 260:38, the forms set forth in (b) and (c) above shall contain the total number of gallons used and sold in this state.

(e) The forms set forth in (b) and (c) above shall be filed under the penalty of unsworn falsification, pursuant to RSA 641:3.

(f) The forms set forth in (b) and (c) above shall be filed, even when there has been no operation during the given month.

(g) The preparer shall print his/her name and title, sign, and date the form.

(h) An applicant may submit the following information on forms BDF schedule 13C and 13H, “Schedule of Tax-Paid Credits”, as revised effective 01/2017:

(1) Carrier name and federal employer identification number;

(2) Mode of transportation; or

(3) Document number.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd and renumbered by #10753, INTERIM, eff 1-1-15 (formerly Saf-C 306.04), para. (a) EXPIRED: 6-30-15; para. (a) amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.06 Alternative Fuel Dealer License Reporting Requirements {#sec-saf-c-306.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.06}

(a) Upon approval of an application for an alternative fuel dealer license pursuant to Saf-C 306.06, the administration shall issue a certificate to the dealer.

(b) A dealer as defined in RSA 259:3-e shall complete and submit reports on form AFD 1, “Alternative Fuels Dealer Report” as revised effective 01/2017.

(c) Form AFD 1, pursuant to (b) above, shall be submitted and maintained together with the following proper supporting documentation AFD 5, 8, 9 - “Schedule of Disbursements”, as revised effective 01/2017.

(d) Pursuant to RSA 260:38, the forms set forth in (b) and (c) above shall contain the total number of motor fuel equivalent gallons sold in this state.

(e) The forms set forth in (b) and (c) above shall be filed under the penalty of unsworn falsification, pursuant to RSA 641:3.

(f) The forms set forth in (b) and (c) above shall be filed, even when there has been no operation during the given month.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.07 Motor Fuel Equivalent Gallons {#sec-saf-c-306.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.07}

(a) Pursuant to RSA 259:58-b, conversion rates for motor fuel equivalent gallons shall be as follows:

(1) Compressed natural gas shall be 126.67 cubic feet or 5.66 pounds of CNG equals one gasoline gallon equivalent;

(2) Liquid natural gas shall be 1.68 gallons or 6.06 pounds of LNG equals one diesel gallon equivalent; and

(3) Liquid propane gas shall be 1.35 gallons of LPG equals one gasoline gallon equivalent.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.08 Distributor of Motor or Jet Fuel for Aircraft {#sec-saf-c-306.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.08}

Pursuant to the authority granted to the commissioner in RSA 422:34 and for the purpose of determining the amount of road tolls payable, each distributor selling motor fuel or jet fuel that is used in aircraft, shall complete and submit reports on form MFD 1-S/AF, as revised 07/2018. The report shall contain the total number of gallons of motor fuel or other fuel sold and used in the aircraft.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 306.05); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.09 Penalty and Interest Waiver Request Procedure {#sec-saf-c-306.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.09}

(a) Pursuant to RSA 260:40, III, RSA 260:42, VII, and RSA 260:65-b, any licensee who has been assessed a penalty or interest in New Hampshire for the late filing of any report may request a waiver of the penalty or interest from the commissioner.

(b) The request for a waiver shall be submitted to the commissioner in the form of a letter and include the following:

(1) Whether the licensee willfully failed to file the report or pay the road tolls within the time prescribed by RSA 260:38, RSA 260:42, or RSA 260:65-b;

(2) The circumstances that led to the late filing of the report or late payment of the road tolls by the licensee; and

(3) The reason(s) the applicant believes the waiver should be granted.

(c) After considering the issues and information presented in the letter specified in (a) above, the commissioner shall grant the waiver if he/she determines that:

(1) The licensee does not have a previous history of late filing and is not likely to file late in the future; and

(2) The licensee has a history of compliance with the road toll law and these rules.

(d) When a waiver is granted, the commissioner or his/her designee shall determine the amount of the waiver and a written copy of the decision shall be furnished to the applicant.

(e) Notwithstanding any other provision to the contrary, when interest has been waived on an IFTA account, only the New Hampshire assessed interest may be waived. Interest due to any other jurisdiction shall not be waived in New Hampshire.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; renumbered by #10753 (formerly Saf-C 306.06); ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.10 Licensed Distributor Elimination or Reduction of Bond Procedure {#sec-saf-c-306.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.10}

(a) Upon application for license renewal, a licensed distributor in good standing may request the initial release or reduction of the bond required under RSA 260:37 by submitting:

(1) A written request to:

Department of Safety

Road Toll. Bureau

33 Hazen Drive

Concord, New Hampshire, 03305;

(2) The business entity’s financial statements audited by a CPA firm in accordance with the AICPA’s Statements of Auditing Standards (SAS) for the immediate preceding 3 consecutive years; and

(3) A copy of the “Independent Auditors Report” issued by the CPA firm for the immediate preceding 3 consecutive years.

(b) Upon review of the licensed distributor’s request pursuant to (a) above, the commissioner shall release the bond requirement if he determines:

(1) The licensed distributor has been in good standing for the immediate 5 consecutive years;

(2) The “Independent Auditors Report” provides an unqualified opinion; and

(3) The elimination of the bond would not unreasonably jeopardize state revenues.

(c) Upon review of the licensed distributor’s request pursuant to (a) above, the commissioner shall reduce the bond if the commissioner determines:

(1) The licensed distributor has been in good standing for the immediate 5 consecutive years;

(2) The “Independent Auditors Report” provides a qualified opinion;

(3) The reduction of the bond would not unreasonably jeopardize state revenues.

(d) For the purposes of (c) above, the administrator shall perform a financial analysis to determine the amount of the reduction of the bond that will not unreasonably jeopardize state revenues.

(e) A request for the reduction or elimination of bond shall be denied if:

(1) The licensed distributor is not in good standing;

(2) The licensed distributor has not provided the information in (a) above;

(3) The Independent Auditors Report issues an opinion that is “Unqualified” with explanatory language that there is a substantial doubt about the entity’s ability to continue as a going concern, “Adverse” or a “Disclaimer”; or

(4) Reducing or eliminating the bond shall unreasonably jeopardize state revenues.

(f) If the elimination or reduction of bond is granted, it shall be in force during the annual license term. During each subsequent license renewal, the licensed distributor shall resubmit a request for elimination or reduction of bond and provide the most recent audited financial statement and accompanying independent auditor’s report. If a licensed distributor fails to submit a request and the records specified in this section at the time of renewal, the license renewal shall be denied until a bond is put back into place pursuant to RSA 260:37.

(g) For the purposes of (a)(2) above, if the licensed distributor submits a consolidated financial statement whereas the distributor is a component or subsidiary of a consolidated company’s financial statement, the distributor shall submit the parent company’s guaranty that insures that the parent company shall guaranty any road toll liability in the event that the component or subsidiary distributor cannot pay.

History

#12961, INTERIM, eff 1-1-20, EXPIRED: 6-29-20
##13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 306.11 Reimposition of Bond Requirement {#sec-saf-c-306.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 306.11}

(a) The commissioner shall reimpose the bond requirement upon any licensed distributor granted an elimination or reduction of a bond pursuant to RSA 260:37-a and these rules, if:

(1) The distributor fails to comply with road toll laws or these rules;

(2) There is evidence of a material change in circumstances; and

(3) State road toll revenue will be unreasonably jeopardized without imposition of the bond.

(b) The commissioner shall notify the distributor in writing of the requirement to obtain a new bond pursuant to RSA 260:37. Written notification shall be sent to the last known recorded address of the licensee.

(c) The licensed distributor shall have 30 days from the date of the letter to provide the department with evidence of having secured a bond.

History

#12961, INTERIM, eff 1-1-20, EXPIRED: 6-29-20
#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 307 Motor Fuel and Petroleum Products Transporters

N.H. Code Admin. R. Ann. Saf-C 307.01 Transporter License {#sec-saf-c-307.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 307.01}

(a) Pursuant to RSA 260:42, an applicant for a motor fuel and petroleum products transporter license shall complete and submit form RT 111, “Application for Motor Fuel & Petroleum Products Transporter’s License,” as revised effective 07/2016.

(b) Upon approval of the application set forth in (a) above, the administration shall issue a certificate.

(c) An applicant shall renew a motor fuel and petroleum products transporter license on a fiscal year basis from July 1 through June 30 by completing and submitting form RT 111, “Application for Motor Fuel & Petroleum Products Transporter’s License” as revised effective 07/2016, pursuant to (a) above.

(d) All licensees shall complete and submit monthly reports to the administration on form RT 113, "Motor Fuel & Petroleum Products Transporter’s Report", as revised effective 03/2010.

(e) Form RT 113 pursuant to (d) above, shall be submitted and maintained together with schedule 14A, 14B and 14C, as revised effective 03/2010.

(f) The forms set forth in (d) and (e) above shall be filed under the penalty of unsworn falsification, pursuant to RSA 641:3.

(g) A transporter’s license cannot be transferred. A licensee shall report to the department any change in name, address, or corporate status.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a), (b), (d) & (e) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 308 Reporting and Auditing

N.H. Code Admin. R. Ann. Saf-C 308.01 Auditing and Record Keeping {#sec-saf-c-308.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 308.01}

Pursuant to RSA 260:44 and 260:47, III(d), the field audit staff of the division shall examine all books, papers and records maintained in support of the reporting requirements of the administration pursuant to the road toll law. Motor fuel distributors, biodiesel distributors, alternative fuel dealers, IFTA licensees, transporters of motor fuel and petroleum products and persons applying for refunds of motor fuel shall be subject to periodic review by the field audit staff to assure that all reports and payments submitted to the administration are in compliance with the road toll law, IFTA and these rules.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 308.02 Conclusion of an Audit {#sec-saf-c-308.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 308.02}

(a) When an audit is completed, the auditee shall be notified by certified letter of the results. This letter shall be referred to as the audit findings letter.

(b) When the auditee has overpaid tolls or other charges, the auditee shall be notified of a refund within 30 days of the release of the audit findings letter.

(c) When the auditee is liable for tolls or other charges, the auditee shall be sent a statement of account within 30 days of the release of the audit findings letter.

(d) If an auditee disagrees with the results of an audit, the auditee may submit his/her objection(s), in writing, within 30 days of receipt of the audit findings letter. The objection(s) shall be submitted to the audit bureau, along with all evidence in support of the auditee’s position. Upon receipt, an administrative hearing shall be held in accordance with the provisions of Saf-C 200, unless otherwise set forth in these rules. Failure of the auditee to comply within the prescribed period of time, or to submit evidence in support of his/her position, shall constitute acceptance of the audit. If an administrative hearing is requested, any collection on the invoice shall be stayed until a decision from the hearings examiner is rendered.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 308.03 Retention of Records for Motor Fuel Distributors, Biodiesel Distributors, Alternative Fuel Dealers, Transporters and IFTA Licensees {#sec-saf-c-308.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 308.03}

(a) Pursuant to RSA 260:43, each motor fuel distributor, biodiesel distributor, alternative fuel dealer, transporter and IFTA licensee shall maintain all records pertaining to a return for 4 years from the date of the filing of the return.

(b) Notwithstanding (a) above, in the event that a motor fuel distributor, biodiesel distributor, alternative fuel dealer, transporter or IFTA licensee fails to provide records required for audit purposes, the 4 year record retention period shall be extended to the date that the audit is completed.

(c) In the event that an auditee and the department mutually agree to extend the 4 year record retention period, the auditee shall complete and file RT 333 “Waiver of Statute of Limitations”, as revised 6/2007.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 308.04 Retention of Records for Retail Dealers {#sec-saf-c-308.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 308.04}

(a) Pursuant to RSA 260:43-a, each retail dealer shall maintain all records pertaining to motor fuel and petroleum products, including invoices, bills of lading and delivery tickets, minimum of weekly opening and closing inventory reading, including monthly reconciliation of physical to book inventory, and daily pump meter readings showing sales in gallons for 3 years.

(b) Notwithstanding (a) above, in the event that a retail dealer fails to provide records required for a retail dealer inspection, the 3 year record retention period shall be extended to the date that the inspection is completed.

(c) In the event that a retail dealer and the department agree to extend the 3 year record retention period, the retail dealer shall complete RT 333 “Waiver of Statute of Limitations”, as revised 6/2007.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (c) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 309 Non Taxable/Off Highway Use

N.H. Code Admin. R. Ann. Saf-C 309.01 Non Taxable/Off Highway Use for IFTA Vehicles {#sec-saf-c-309.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 309.01}

(a) Pursuant to RSA 260:52, I, road tolls shall not be imposed on motor fuel which is used for purposes other than for use in motor vehicles on the ways of this state.

(b) Tolls on motor fuel purchased in NH and determined to have been used for NH off-highway purposes may be refunded by completing and submitting one of the following forms:

(1) RT 122D, “Road Toll Refund Application – Toll Paid on Special Fuel Only,” as revised effective 01/17; or

(2) RT 122G, “Road Toll Refund Application – Gasoline Only”, as revised effective 01/17.

(c) New Hampshire tax-paid gallons listed on the IFTA “Quarterly Fuel Use Tax Return”, shall reflect the total gallons purchased in NH.

(d) The licensee may be refunded non-taxable gallons by completing and submitting form RT 122D, “Road Toll Refund Application – Toll Paid on Special Fuel Only,” as revised effective 01/17, or RT 122G, “Road Toll Refund Application – Gasoline Only”, as revised effective 01/17, pursuant to (b) above, along with the IFTA ”Quarterly Fuel Use Tax Return”.

(e) The following process shall be used to determine the amount of motor fuel upon which no road toll shall be levied when the same vehicle fuel tank is supplying fuel for purposes other than for use in a motor vehicle on the ways of this state as well as for use on the ways of this state:

(1) In the event that a vehicle consumes motor fuel while the vehicle is unloading bulk grain or feed by means of any device powered by fuel carried in the vehicle's primary supply tank, 0.225 gallons of said fuel shall be deemed to have been consumed for off-highway purposes for every one ton of feed, mash or grain so unloaded;

(2) In the event that a vehicle consumes motor fuel while the vehicle is unloading one of the following by means of any device powered by fuel carried in the vehicle's primary supply tank:

a. For motor vehicles carrying liquid petroleum fuels, an allowance of 1.5 off-highway gallons shall be awarded for every 10,000 gallons unloaded;

b. For motor vehicles carrying bulk cement, an allowance of 4 gallons of off-highway fuel shall be awarded for each full load, 120 barrels or 22.5 tons of bulk cement unloaded;

c. For motor vehicles that mix and pour concrete, an allowance of 1.68 gallons of off-highway fuel shall be awarded for every 5 cubic yards of concrete unloaded;

d. For motor vehicles unloading lime, an allowance of 3.14 gallons per hour shall be awarded;

e. For motor vehicles unloading calcium crystals, an allowance of 4.13 gallons per hour shall be awarded;

f. For motor vehicles running reefer units, an allowance of .75 gallons per hour shall be awarded;

g. For motor vehicles loading and unloading pulp, an allowance of .53 gallons per cord, 1.89 cords per gallon, or 4.73 gallons per hour shall be awarded; and

h. For motor vehicles loading and unloading tree length pulp, an allowance of .0503 gallons per ton, 19.88 tons per gallon, or 3.46 gallons per hour shall be awarded;

(3) A licensee shall be permitted to deduct any amounts over and above the aforementioned amount if he/she can provide proof through documentation of the off-highway fuel use to the administration;

(4) A licensee shall be granted a similar allowance as (e)(3) above for motor fuel consumed off-highway by other types of vehicles if he/she can provide proof through documentation of the off-highway fuel use to the administration; and

(5) Unless otherwise specified, the provisions of Saf-C 303 shall apply to this section.

(f) For vehicles that consume motor fuel while loading or unloading solid waste, as defined in RSA 149-M:4, XXII, by means of any compacting/ramming device powered by fuel carried in the vehicle’s primary supply tank, 25 percent of said fuel shall be deemed to have been consumed for off-highway purposes.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, paras (b), (c), (d), & (e) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 309.02 Off-Highway Use for Vehicles {#sec-saf-c-309.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 309.02}

(a) Pursuant to RSA 260:47, road tolls shall not be imposed on motor fuel purchased in New Hampshire which is used for purposes other than for use in motor vehicles on the ways of this state. For the purposes of this section, "bulk fuel storage" means a container greater than 55 gallons.

(b) Tolls on motor fuel purchased in New Hampshire and determined to have been used for purposes other than for use in motor vehicles on the ways of this state may be refunded by completing and submitting one of the forms set forth in Saf-C 309.01(b).

(c) The following records shall be used to determine the amount of motor fuel upon which no road toll shall be levied when a person uses the fuel for purposes other than for use in a motor vehicle on the ways of this state:

(1) A complete record of all fuel purchased, received, and used in the conduct of its business, including:

a. The date of each receipt of fuel;

b. The seller’s name and address;

c. The number of gallons received;

d. The type of fuel;

e. The vehicle or equipment identification; and

f. Receipts/invoices for all fuel purchases;

(2) For users of bulk fuel storage, a log that contains disbursement of fuel in any on or off road vehicle or equipment, including:

a. The date of disbursement;

b. The number of gallons of fuel;

c. The type of fuel;

d. The vehicle or equipment identification; and

e. Copies of all delivery tickets and/or receipts; and

(3) For users of over-the-road purchases, records supported by fuel receipts or credit card receipts, including:

a. The date of purchase;

b. The seller’s name and address;

c. The number of gallons purchased;

d. The type of fuel;

e. The price per gallon or total amount of the sale;

f. The vehicle or equipment identification; and

g. The purchaser’s name, or in the case of a lessee/lessor agreement, receipts in either name, provided that the vehicle registration or other identification is traceable to the reporting party.

(d) If a vehicle is used both on and off road, mileage records documented with odometer readings shall be maintained for the vehicle.

(e) For audit purposes, records, including reconciliation of fuel through fuel logs and fuel receipts, and any applicable mileage log, shall be retained for 4 years.

(f) If an auditee disagrees with the results of an audit, he/she may request a hearing, pursuant to Saf-C 308.02(d).

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 310 Refunds

N.H. Code Admin. R. Ann. Saf-C 310.01 Refunds – General {#sec-saf-c-310.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.01}

(a) Any person requesting a refund on motor fuel shall complete and submit one or more of the following applicable forms to the administration:

(1) RT 115, “Road Toll Refund Application Retail Dealer”, as revised effective 08/14 and as set forth in Saf-C 311.23, along with RT 115R, “Schedule of Sales to New Hampshire Retail Dealers”, as revised effective 07/05;

(2) RT 122D, “Road Toll Refund Application - Toll Paid on Special Fuel Only”, as revised effective 01/17;

(3) RT 122G, “Road Toll Refund General Application - Gasoline Only”, as revised effective 01/17;

(4) RT 123, “Road Toll Refund Application - Off Highway Recreational Vehicles, Snowmobiles and All Boats”, as revised effective 04/15;

(5) RT 125D, “Road Toll Refund Application – New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only - Toll Paid on Special Fuel Only”, as revised effective 04/2018;

(6) RT 125G, “Road Toll Refund Application - New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only - Gasoline Only”, as revised effective 04/2018;

(7) RT 126, “Road Toll Refund Application - Farm Use Only”, as revised effective 01/15;

(8) RT 127D, “Road Toll Refund Application - Private School Bus Owner - Toll Paid on Special Fuel”, as revised effective 08/14;

(9) RT 127G, “Road Toll Refund Application - Private School Bus Owner - Gasoline Only”, as revised effective 01/15;

(10) RT 130, “Road Toll Refund Application Exempt Credit Cards and Fuel Card Issuers”, as revised effective 10/14, along with RT 130R, “Schedule of Exempt Sales from New Hampshire Retail Dealers”, as revised effective 10/14 ; or

(11) RT 128, “Airways Toll Refund Application Toll Paid on Aviation Jet Fuel Only”, as revised effective 12/17.

(b) In addition to the form(s), each person shall submit invoices for all motor fuel purchases, with evidence of payment of the invoice, to the administration. If original invoices are required to be maintained for other tax purposes, photocopies shall be accepted.

(c) For the purposes of this section, invoices shall include but not be limited to carbon copies and credit card sales slips.

(d) Each invoice shall:

(1) Be attached to the form(s);

(2) Contain the name and address of the fuel supplier;

(3) Contain the applicant’s name, and shall not be accepted if it is made payable to “cash”; and

(4) Contain the gallons, price per gallon and type of fuel.

(e) Any evidence of erasures or other changes in the name of purchaser, supplier, type of fuel, date or the amounts shown on the invoices shall cause the portion of the requested refund that is dependent upon that documentation to be denied.

(f) Motor fuel claimed on a refund application shall be the actual amount of motor fuel used by the applicant.

(g) An application for a refund shall be submitted:

(1) Annually, but no later than April 15 following the end of the calendar year; or

(2) If, at the close of any quarter of the calendar year at least $750 is payable in the aggregate to a person with respect to fuel used during the calendar year, an application may be filed no later than the close of the subsequent quarter, in accordance with RSA 260:47, III(a).

(h) A refund shall be disallowed for any of the following reasons:

(1) The refund application was not submitted in accordance with (f) above;

(2) An error was made in computing the number of gallons upon which the refund is claimed;

(3) An error was made in computing the amount of the refund claimed;

(4) The filing of the application is contrary to RSA 260:47; or

(5) The road tolls were not paid upon the purchase of the fuel.

(i) An incomplete refund application shall be returned to the applicant along with a written explanation of any deficiencies.

(j) A refund shall be partially disallowed if the commissioner or his/her designee is only able to determine the validity of a portion of said claim.

(k) If an application is disallowed, the applicant shall be notified in writing.

(l) An applicant shall maintain any records pertaining to the claim for 4 years from the date of the filing of the claim. Failure to maintain records shall result in a partial or full denial of refund.

(m) The general refund rules shall apply to all types of refunds, except as otherwise stated in the specific refund provision.

(n) The forms set forth in (a) above shall be filed under the penalty of unsworn falsification, pursuant to RSA 641:3.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; amd by #12058, INTERIM, eff 1-1-17, EXPIRED: 6-30-17 in para. (a) intro. and (a)(5) & (6); amd by #12520, eff 4-25-18; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.02 Refunds Claimed in the Name of an OHRV Club {#sec-saf-c-310.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.02}

(a) A person who is entitled to an OHRV fuel refund and requests to assign the refund to an OHRV club, as provided in RSA 260:47, I, shall complete and submit RT 6, “Road Toll Refund Assignment” form, as revised effective 01/11, along with form RT 123, “Road Toll Refund Application – Off Highway Recreational Vehicles, Snowmobiles, and All Boats”, as revised effective 04/15, to the administration.

(b) Pursuant to RSA 260:47, III (a), RT6, “OHRV Refund Assignment” form, as revised effective 01/11, shall be dated and signed by the assignor under the penalty of unsworn falsification pursuant to RSA 641:3.

(1) Certifies that the motor fuel on which the fuel tax had been paid was used exclusively in the snowmobiles listed in the assignment; and

(2) Acknowledges that the refunds for which he or she has assigned his or her rights are to be used for the expansion and maintenance of club trails as stated in RSA 260:47.

(d) The transferor shall print his or her name and title on RT 123, “Road Toll Refund Application – Off Highway Recreational Vehicles, Snowmobiles, and All Boats”, effective 04/15.

(e) Any refund payment made to an OHRV club shall be issued by check payable in the legal name of the club.

(f) Any OHRV club seeking to file collective refund claims on behalf of its members shall submit, by September 30 of each calendar year, a list of signatures of the club members authorized to sign on the club’s behalf, to the administration.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.03 Refund Claimed for Farming Purposes {#sec-saf-c-310.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.03}

(a) An applicant requesting a refund for farming purposes shall complete and submit form RT 126, "Road Toll Refund Application - Farm Use Only", as revised 01/15, to the administration.

(b) An applicant shall sign form RT 126, as revised 01/15, under the penalty of unsworn falsification pursuant to RSA 641:3.

(c) By signing and dating the application, the applicant shall certify that the purchased motor fuel upon which the road toll has been paid and subsequently used in motor vehicles owned by the applicant for farming purposes in accordance with RSA 260:47.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.04 Refund Claimed for New Hampshire Political Subdivisions and United States Gov’t Armed Forces {#sec-saf-c-310.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.04}

(a) An applicant requesting a refund for New Hampshire political subdivisions and United States Gov’t armed forces shall submit form RT 125G, "Road Toll Refund Application - New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only - Gasoline Only", as revised 04/2018, or form RT 125D, “Road Toll Refund Application – New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only – Toll Paid on Special Fuel Only”, as revised 04/2018, to the administration.

(b) A school district may apply for a refund on motor fuel or special fuel used in buses not owned by the school district, while engaged in transporting students and faculty to or from official school activities.

(1) Mileage;

(2) Dates;

(3) Location;

(4) Types of fuel; and

(5) Name of bus contractor.

(d) A motor or special fuel refund application shall be accompanied by a signed statement from the bus contractor stipulating the amount of fuel consumed by the buses while transporting pupils during the refund period, and that the road toll was paid on the motor or special fuel.

(e) New Hampshire political subdivisions and United States Gov’t armed forces having bulk fuel storage shall maintain records in accordance with Saf-C 309.02(c) if they wish to seek a refund.

(f) Failure to maintain records as required shall result in a partial or full denial of a refund.

(g) A separate application shall be filed for motor fuel and fuel other than motor fuel.

(h) An individual on behalf of the applicant for form 125G, “Road Toll Refund Application New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only Gasoline Only”, revised 04/2018 or form 125D, “Road Toll Refund Application New Hampshire Political Subdivisions and United States Gov’t Armed Forces Only Toll Paid on Special Fuel Only” shall sign the form under the penalty of unsworn falsification pursuant to RSA 641:3.

(i) By signing and dating the form 125G, the individual shall certify that the applicant purchased gasoline upon which the road toll has been paid and the gasoline purchased was subsequently used in motor vehicles owned by the applicant, in accordance with RSA 260:47.

(j) By signing and dating the form 125D, the individual shall certify that the applicant purchased special fuel upon which the road toll has been paid and the special fuel purchased was subsequently used in motor vehicles owned by the applicant, in accordance with RSA 260:47.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15 in para. (a); para. (a) amd by #10890, eff 7-16-15; ss by #12058, INTERIM, eff 1-1-17, EXPIRED: 6-30-17
#12520, eff 4-25-18; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.05 Retail Dealer Refunds {#sec-saf-c-310.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.05}

(a) Pursuant to RSA 260:48, a retail dealer requesting a refund shall complete and submit form RT 115, "Road Toll Refund Application --- Retail Dealer", as revised 08/14, along with a completed RT 115R, “Schedule of Sales to New Hampshire Retail Dealers” form, as revised 07/05, to the administration.

(b) Pursuant to RSA 260:48, a retail dealer shall be a separate legal entity from a licensed distributor, as defined in RSA 259:21.

(d) A retail dealer refund shall be disallowed for any of the following:

(1) The application was not submitted within 90 days after June 30 or December 31, respectively;

(2) The application was not submitted for the 6 month period ending June 30 or December 31, respectively;

(3) A violation of RSA 260:48 has occurred; or

(4) The amount of the refund requested is less than $10.00.

(e) Pursuant to RSA 260:48, III, purchases for the reporting period shall be certified only by a licensed New Hampshire distributor. The licensed distributor’s signature on form RT 115 shall be under penalty of unsworn falsification pursuant to RSA 641:3. By signing form RT 115, as revised 08/14, the licensed distributor is stating that the recorded quantity of motor fuel gallonage was sold to the named retail dealer for the period indicated.

(f) A retail dealer requesting a refund shall submit to the administration, every 6 months, proof that it is owned by a separate legal entity from the supplying distributor, and that it is in good standing with the secretary of state.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.06 Refunds Claimed for Private School Bus Owners {#sec-saf-c-310.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.06}

(a) An applicant requesting a refund for a private school bus owner shall complete and submit form RT 127D, “Road Toll Refund Application – Private School Bus Owner – Toll Paid on Special Fuel”, as revised 08/14, or form RT 127G, “Road Toll Refund Application – Private School Bus Owner – Gasoline Only”, as revised 01/15, to the administration.

(b) Pursuant to RSA 260:52-b, a private school bus owner may apply for a refund on motor fuel or special fuel used in buses while engaged in transporting students and faculty to or from official public school activities.

(1) Mileage;

(2) Dates;

(3) Location;

(4) Types of fuel;

(5) Contracts with New Hampshire public school districts; and

(6) Bulk fuel storage inventory records.

(d) A motor or special fuel refund application shall be accompanied by a schedule of fuel purchases, along with an original or copy of the fuel receipts or invoices of fuel purchased for bus consumption while transporting pupils during the refund period to document that road toll was paid on the motor or special fuel.

(e) A private school bus owner having bulk fuel storage shall maintain records in accordance with Saf-C 309.02.

(f) All refunds shall be filed in accordance with Saf-C 310.01(f).

(g) Failure to maintain records as required shall result in a partial or full denial of a refund.

(h) A separate application shall be filed for motor fuel and special fuel.

(i) A private school bus owner shall not receive tax exempt bulk fuel deliveries by virtue of a contract with a New Hampshire public school.

(j) An applicant shall maintain records pertaining to the claim for 4 years from the date of the filing of the claim.

(k) An individual on behalf of the applicant for form 127G, “Road Toll Refund Application Private School Bus Owner Gasoline Only”, revised 01/15, or form 127D, “Road Toll Refund Application Private School Bus Owner Toll Paid on Special Fuel Only”, revised 08/14, shall sign the form under the penalty of unsworn falsification pursuant to RSA 641:3.

(l) By signing and dating the form 127G, the individual shall certify that the applicant purchased gasoline upon which the road toll has been paid and the gasoline purchased was subsequently used in motor vehicles to transport students, in accordance with RSA 260:47 and RSA 260:52-b.

(m) By signing and dating the form 127D, the individual shall certify that the applicant purchased special fuel upon which the road toll has been paid and the special fuel purchased was subsequently used to transport students, in accordance with RSA 260:47 and RSA 260:52-b.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.07 Exempt Credit Card and Refunds {#sec-saf-c-310.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.07}

(a) Pursuant to RSA 260:52-g, an eligible exempt credit and fuel card issuer shall complete and submit form RT 130, Road Toll Refund Application -- Exempt Credit Cards and Fuel Card Issuers", as revised 10/14, along with RT 130R, “Schedule of Exempt Sales from New Hampshire Retail Dealers” form, as revised 10/14, to the administration.

(b) For audit purposes, the exempt credit and fuel card issuer shall maintain records, to include, at a minimum, the following:

(1) Purchase dates;

(2) Purchase locations;

(3) Types of fuel;

(4) Name and federal employee identification number (FEIN) of exempt entity;

(5) Gross gallons and the price per gallon; and

(6) Proof of payment by exempt entity.

(d) A separate RT 130R shall be completed and filed for each type of motor fuel.

(e) An applicant submitting form RT 130, as revised 10/14, shall sign and date the application under the penalty of unsworn falsification pursuant to RSA 641:3.

(f) The preparer, if other than the applicant, shall print his or her name, title, telephone, and email address.

History

#10753, INTERIM, eff 1-1-15, EXPIRED: 6-30-15
#10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 310.08 Refund Claimed for Aviation Jet Fuel {#sec-saf-c-310.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 310.08}

(a) An applicant requesting a refund for airways toll paid on aviation jet fuel used in an aircraft shall complete and submit form RT 128, "Airways Toll Refund Application - Toll Paid on Aviation Jet Fuel Only", as revised 12/17, to the administration.

(b) An applicant shall sign form RT 128, as revised 012/17, under the penalty of unsworn falsification pursuant to RSA 641:3.

(c) By signing and dating the application, the applicant shall certify that the aviation jet fuel upon which the airways toll has been paid and the aviation jet fuel purchased was subsequently used in an aircraft owned by the applicant in accordance with RSA 422:34.

History

#13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)

Part Saf-C 311 Special Fuel Dyeing Requirements

N.H. Code Admin. R. Ann. Saf-C 311.01 Special Fuel Dyeing Requirements – General {#sec-saf-c-311.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 311.01}

(a) Special fuel shall satisfy the dyeing requirements if it:

(1) Contains only the dye Solvent 164 at a concentration spectrally equivalent to at least 3.9 pounds of the solid dye standard Solvent Red 26 per thousand barrels of fuel or any dye of a type and in a concentration that has been approved by the commissioner; and

(2) Is indelibly dyed by mechanical injection.

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (formerly Saf-C 312.01) (See Revision Note #3 at Chapter Heading for Saf-C 300)

N.H. Code Admin. R. Ann. Saf-C 311.02 Biodiesel Dyeing Requirements {#sec-saf-c-311.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 311.02}

(a) A biodiesel mixture containing diesel fuel or kerosene shall be treated as being dyed by mechanical injection if:

(1) The mixture consists of at least 80 percent diesel fuel or kerosene and the remaining portion is biodiesel;

(2) The diesel fuel or kerosene in the mixture was dyed by mechanical injection;

(3) The diesel fuel or kerosene and the biodiesel are combined at a facility that is not a terminal; and

(4) The mixture meets the specifications of Saf-C 311.01, relating to dye type and concentration, when it is removed from the facility where the diesel fuel or kerosene and the biodiesel are combined.

APPENDIX

Rule Number

Statute Implemented

Saf-C 301.01

RSA 541-A:7

Saf-C 302.01

RSA 259:3-d

Saf-C 302.02

RSA 259:3-e

Saf-C 302.03 – 302.05

RSA 541-A:7

Saf-C 302.06

RSA 259:6-a

Saf-C 302.07-302.09

RSA 541-A:7

Saf-C 302.10

RSA 309-B:3, IV

Saf-C 302.11-302.16

RSA 541-A:7

Saf-C 302.17

RSA 294-E:2, V

Saf-C 302.18

RSA 294-E:2, VII

Saf-C 302.19

RSA 294-E:2, VIII

Saf-C 302.20-302.24

RSA 541-A:7

Saf-C 302.25

RSA 259:58

Saf-C 302.26

RSA 541-A:7

Saf-C 302.27

RSA 21:9

Saf-C 302.28-302.33

RSA 541-A:7

Saf-C 302.34

RSA 259:90

Saf-C 302.35

RSA 259:103-a

Saf-C 302.36

RSA 541-A:7

Saf-C 302.37

RSA 259:107

Saf-C 302.38-302.39

RSA 541-A:7

Saf-C 302.40

RSA 21:50, II

Saf-C 302.41

RSA 541-A:7

Saf-C 303.01-303.04

RSA 260:65-b; RSA 541-A:7

Saf-C 303.05-303.07

RSA 260:65-b

Saf-C 304.01-304.02

RSA 260:32

Saf-C 304.03

RSA 260:52, VI

Saf-C 304.04

RSA 260:45

Saf-C 304.05

RSA 260:38; RSA 260:40-a; RSA 260:42, V; RSA 260:50

Saf-C 304.06

RSA 260:36; RSA 260:57; RSA 294-E

Saf-C 304.07

RSA 6:11-a; RSA 260:40; RSA 541-A:30; RSA 638:4

Saf-C 304.08-304.09

RSA 6:11-a; RSA 260:40; RSA 260:50

Saf-C 304.10

RSA 260:38, II

Saf-C 305.01

RSA 261:178; RSA 263:56-a; RSA 541-A:30

Saf-C 305.02

RSA 260:39; RSA 260:44, II; RSA 541-A:30

Saf-C 305.03-305.04

RSA 260:36-a; RSA 260:42, III; RSA 262:44, II; RSA 541-A:30

Saf-C 305.05

RSA 260:63; RSA 541-A:30

Saf-C 305.06

RSA 260:44, II; RSA 260:47, III; RSA 541-A:30

Saf-C 305.07-305.09

RSA 6:11-a; RSA 260:40; RSA 541-A:30; RSA 638:4

Saf-C 305.10(a)

RSA 260:6; RSA 260:37-a, III; RSA 541:3

Saf-C 305.10(b)

RSA 260:6; RSA 260:37-a, III; RSA 541:4

Saf-C 305.10(c)

RSA 260:6; RSA 260:37-a, III; RSA 541:5

Saf-C 305.10(d)

RSA 260:6; RSA 260:37-a, III; RSA 541:6

Saf-C 305:11

RSA 260:39-a; RSA 541-A:30

Saf-C 306.01

RSA 260:36; RSA 260:37

Saf-C 306.02

RSA 260:36-d

Saf-C 306.03

RSA 260:36-e

Saf-C 306.04

RSA 260:36; RSA 260:38

Saf-C 306.05

RSA 260:36-d; RSA 260:38

Saf-C 306.06

RSA 260:36-e

Saf-C 306.07

RSA 260:58-b

Saf-C 306.08

RSA 422:34

Saf-C 306.09

RSA 260:40, III

Saf-C 306.10 –306.11

RSA 260:37-a

Saf-C 307.01

RSA 260:42

Saf-C 308.01

RSA 260:44; RSA 260:47, III(d)

Saf-C 308.02

RSA 260:42-a; RSA 260:44

Saf-C 308.03

RSA 260:43

Saf-C 308.04

RSA 260:43-a

Saf-C 309.01

RSA 260:52, I; RSA 260:57

Saf-C 309.02

RSA 260:47; RSA 260:57

Saf-C 310.01

RSA 260:47; RSA 260:48; RSA 260:52-b; RSA 260:52-e

Saf-C 310.01

RSA 260:47; RSA 260:48; RSA 260:52-a; RSA 260:52-b;

RSA 260:52-e; RSA 260:52-g

Saf-C 310.02

RSA 260:47; RSA 260:48; RSA 260:52-b; RSA 260:52-e

Saf-C 310.03

RSA 260:47

Saf-C 310.04

RSA 260:32, I; RSA 260:47; RSA 260:48; RSA 260:52-b;

RSA 260:52-e

Saf-C 310.05-310.06

RSA 260:47; RSA 260:48; RSA 260:52-b; RSA 260:52-e

Saf-C 310.07

RSA 260:47; RSA 260:52-g

Saf-C 310.08

RSA 422:34

Saf-C 311

RSA 260:52-d

History

(See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; ss by #13186, eff 4-7-21 (formerly Saf-C 312.02) (See Revision Note #3 at Chapter Heading for Saf-C 300)

Chapter Saf-C 400 Watercraft Safety Rules

Part Saf-C 401 Definitions

N.H. Code Admin. R. Ann. Saf-C 401.01 Boat {#sec-saf-c-401.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.01}

“Boat” means “boat” as defined in RSA 270-D:1, I.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #4750, eff 1-29-90; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.02 Commercial vessel {#sec-saf-c-401.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.02}

“Commercial vessel” means every description of watercraft, not a private vessel or a rental vessel, used in conjunction with any form of enterprise where money or other compensation is received, whether actual or implied, for employment of the vessel, or any description of watercraft utilized by an employee of any enterprise in the performance of the employee’s duties.

History

#3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.03 Commissioner {#sec-saf-c-401.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.03}

“Commissioner” means the commissioner of the department of safety or his or her designee.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (formerly Saf-C 401.021); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.04 Congregate mooring field {#sec-saf-c-401.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.04}

“Congregate mooring field” means “congregate mooring field” as defined in RSA 270:59, X.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.03); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.05 Department {#sec-saf-c-401.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.05}

“Department” means the department of safety.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.031); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.06 Director {#sec-saf-c-401.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.06}

“Director” means the director of the division of state police, or in his absence, the commissioner or the commissioner’s designee.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.04); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.07 Division {#sec-saf-c-401.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.07}

“Division” means the division of state police of the department of safety.

History

#3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.05); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.08 Headway speed {#sec-saf-c-401.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.08}

“Headway speed” means “headway speed” as defined in RSA 270-D:1, VI.

History

#4214, eff 1-22-87; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.06); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.09 Immediately {#sec-saf-c-401.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.09}

“Immediately” as used in RSA 270:1-a, relative to the reporting of boat accidents, means at the earliest possible time a person is physically able and has the means available.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and renumbered by #8172, eff 9-21-04 (from Saf-C 401.07); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.10 Individual mooring {#sec-saf-c-401.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.10}

“Individual mooring” means a mooring that is not positioned within a mooring field.

History

#4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.08); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.11 Limited term of use {#sec-saf-c-401.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.11}

“Limited term of use” means a period of 30 consecutive days or less.

History

#4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.09); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.12 Mooring {#sec-saf-c-401.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.12}

“Mooring” means “mooring” as defined in RSA 270:59, III.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.10); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.13 Mooring anchor {#sec-saf-c-401.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.13}

“Mooring anchor” means “mooring anchor” as defined in RSA 270:59, IV.

History

#4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.11); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.14 Mooring area {#sec-saf-c-401.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.14}

“Mooring area” means “mooring area” as defined in RSA 270:59, V.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.12); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.15 Mooring buoy {#sec-saf-c-401.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.15}

“Mooring buoy” means “mooring buoy” as defined in RSA 270:59, VI.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.13); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.16 Mooring field {#sec-saf-c-401.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.16}

“Mooring field” means “mooring field” as defined in RSA 270:59, VII. The term includes congregate and public mooring fields.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.14); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.17 Motorboat {#sec-saf-c-401.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.17}

“Motorboat” means “motorboat” as defined in RSA 270-D:1, VII.

History

#3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.15); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.18 No wake area {#sec-saf-c-401.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.18}

“No wake area” means “no wake area” as defined in RSA 270-D:1, VIII.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.16); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.19 Parasail {#sec-saf-c-401.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.19}

“Parasail” means a parachute type device to which a person attaches him/ herself and is then towed by a motorboat.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.161); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.20 Permit {#sec-saf-c-401.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.20}

“Permit” means written approval by the commissioner of a water event or slalom course application.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.162); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.21 PFD {#sec-saf-c-401.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.21}

“PFD” means “PFD” as defined in RSA 270-D:1, IX.

History

#4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 401.17); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.22 Person {#sec-saf-c-401.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.22}

“Person” means “person” as defined in RSA 21:9.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.18); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.23 Public mooring field {#sec-saf-c-401.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.23}

“Public mooring field” means “public mooring field” as defined in RSA 270:59, IX. The term includes moorings of which a portion are dedicated to a limited term of use.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.19); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.24 Public waters {#sec-saf-c-401.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.24}

“Public waters” means “public waters” as defined in RSA 271:20.

History

#5448, eff 8-24-92; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.191); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.25 Readily accessible {#sec-saf-c-401.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.25}

“Readily accessible” means within arm's reach.

History

#5448, eff 8-24-92, EXPIRED: 8-24-98
#7534, eff 7-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.20); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.26 Rental boat {#sec-saf-c-401.26 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.26}

“Rental boat” means any boat available to another party for rent by the hour or any fraction thereof, day, week or season for recreational use exclusively.

History

#5448, eff 8-24-92, EXPIRED: 8-24-98
#7534, eff 7-25-01; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.27 Shorefront property {#sec-saf-c-401.27 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.27}

“Shorefront property” means “shorefront property” as defined in RSA 270:59, VIII.

History

#8172, eff 9-21-04 (from Saf-C 401.21); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.28 Slalom course {#sec-saf-c-401.28 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.28}

“Slalom course” means flags or markers set up in a wavy or zig-zag course in which a water-skier moves around behind a boat.

History

#8172, eff 9-21-04 (from Saf-C 401.211); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.29 Swim line {#sec-saf-c-401.29 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.29}

“Swim line” means “swim line” as defined in RSA 270:2, X.

History

#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.30 Swim raft {#sec-saf-c-401.30 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.30}

“Swim raft” means a floating structure, not attached to the shore line, and anchored to the floor of the lake by means of ropes, cable, chain or other materials, and which might be constructed of materials such as wood, metal or inflatable material.

History

#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.31 Vessel {#sec-saf-c-401.31 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.31}

“Vessel” means “vessel” as defined in RSA 270-D:1, XI and RSA 270-E:3, XII.

History

#8172, eff 9-21-04 (from Saf-C 401.22); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.32 Wake {#sec-saf-c-401.32 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.32}

“Wake” means “wake” as defined in RSA 270-D: 1, XII.

History

#8172, eff 9-21-04 (from Saf-C 401.23); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.33 Water event {#sec-saf-c-401.33 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.33}

“Water event” means an activity, which can be observed by spectators, by persons utilizing a portion of a public water, including a water carnival, fishing derby, water ski show or exhibition or a distance swimming event.

History

#8172, eff 9-21-04 (from Saf-C 401.24); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.34 Waterskiing {#sec-saf-c-401.34 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.34}

“Waterskiing” means “waterskiing” as defined in RSA 270-D:1,XIII.

History

#8172, eff 9-21-04 (from Saf-C 401.25); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 401.35 Waterski jump {#sec-saf-c-401.35 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 401.35}

“Waterski jump” means a platform raised at an angle in the public water over which a waterskier jumps.

History

#8172, eff 9-21-04 (from Saf-C 401.26); ss by #10293, eff 3-20-13

Part Saf-C 403 Equipment Requirements

N.H. Code Admin. R. Ann. Saf-C 403.01 Personal Flotation Devices {#sec-saf-c-403.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.01}

(a) No person shall use a boat on the public waters unless it is equipped as follows:

(1) Recreational boats less than 16 feet in length, or canoes, kayaks or one-person sailboats of any length, shall have at least one of the following types on board for each person:

a. Type I PFD;

b. Type II PFD;

c. Type III PFD; or

d. Type V PFD;

(2) Recreational boats 16 feet or more in length, except canoes or kayaks, shall have at least one PFD of the following types on board for each person:

a. Type I PFD;

b. Type II PFD;

c. Type III PFD; or

d. Type V PFD; and

(3) Recreational boats 16 feet or more in length, except canoes or kayaks, shall have at least one Type IV PFD on board in addition to the PFDs required in subparagraph (2) above.

(b) All PFD's shall be:

(1) U.S. Coast Guard approved;

(2) In serviceable condition;

(3) Readily accessible; and

(4) Of an appropriate size, within the weight range and chest sizes marked on the PFD, for the person who intends to wear them.

(c) Racing shells, rowing sculls, and racing kayaks shall be exempt from the requirements of Saf-C 403.01(a)(1), (2) and (3). For the purposes of this rule, "racing shell, rowing scull, and racing kayak" means a manually propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry, and does not carry any equipment not solely for competitive racing.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #4563, eff 1-3-89; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.02 Personal Flotational Devices-Commercial Boats {#sec-saf-c-403.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.02}

(a) Any vessel carrying passengers for hire as a common carrier of passengers or property operating on a regular schedule shall carry an approved adult type I life preserver for each person on board. In addition, unless the service is such that children are never carried, there shall be provided a number of approved life preservers suitable for children equal to at least 10 percent of the total number of persons carried.

(b) When passengers aboard a commercial boat are wearing an approved type I, II, III, or V PFD while underway, the vessel shall be exempt from the carrying requirement set forth in (a) above.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; amd by #9237, eff 8-22-08; ss by #10293

N.H. Code Admin. R. Ann. Saf-C 403.03 Classification of Boats {#sec-saf-c-403.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.03}

(a) For the purposes of this part, motorboats shall be classified follows:

(1) Class A shall be for motorboats less than 16 feet in length;

(2) Class I shall be for motorboats at least 16 feet but less than 26 feet in length;

(3) Class II shall be for motorboats at least 26 feet but less than 40 feet in length; and

(4) Class III shall be for motorboats at least 40 feet but less than 65 feet in length.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.03 Classification of Boats {#sec-saf-c-403.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.03}

(a) For the purposes of this part, motorboats shall be classified follows:

(1) Class A shall be for motorboats less than 16 feet in length;

(2) Class I shall be for motorboats at least 16 feet but less than 26 feet in length;

(3) Class II shall be for motorboats at least 26 feet but less than 40 feet in length; and

(4) Class III shall be for motorboats at least 40 feet but less than 65 feet in length.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.04 Description of Approved Personal Flotation Devices {#sec-saf-c-403.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.04}

(a) For the purposes of this part, the following description for the types of PFD shall apply:

(1) A type I PFD shall be designed to turn an unconscious person in the water from a face downward to a vertical or slightly backward position. It shall have more than 20 pounds of buoyancy and is recommended for off-shore cruising;

(2) A type II PFD shall be designed to turn an unconscious person in the water to the same position as a Type I PFD and shall have at least 15.5 pounds of buoyancy. It is recommended for closer, in-shore cruising;

(3) A type III PFD shall be designed to keep a conscious person in a vertical or slightly backward position and shall have at least 15.5 pounds of buoyancy. It is recommended for in-water sports such as water skiing, and for close, in-shore buoyancy;

(4) A type IV PFD shall be designed to be thrown to a person in the water and not worn. It shall have at least 16.5 pounds of buoyance; and

(5) A type V PFD is intended for specific activities and may be carried instead of another PFD only if used according to the approval condition on the label.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.05 Fire Extinguishers {#sec-saf-c-403.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.05}

(a) Every motorboat shall be provided with such number, size, and type of fire extinguishers approved by Underwriter’s Laboratories, as set forth below, which are capable of promptly and completely extinguishing burning fuel. Said extinguishers shall be kept in condition for immediate use and so placed as to be readily accessible at all times.

(b) The provisions of this section shall not apply to:

(1) Motorboats propelled by outboard motors while competing in any authorized race or such use as is incidental to tuning up of such boats and motors for the race; or

(2) Rowboats, canoes or kayaks equipped with outboard electric motors only.

Table 400-1 B-1 Hand Portable Fire Extinguishers

Class of Motorboat Fire

No Fixed Extinguishing

System in Machinery Spaces

Fixed Fire Extinguishing

System in Machinery Spaces

III

(d) One B-2 hand portable fire extinguisher may be substituted for 2 B-1 hand portable fire extinguishers.

(e) Fire extinguisher classification shall comply with the requirements as set forth in Table 400.2 below:

Table 400.2

Classification

Type Size

Foam (Gallons)

Carbon Dioxide

(Pounds)

Dry Chemicals

(Pounds)

B-1

1 ¼

B-2

1 ½

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; amd by #6005, eff 3-24-95; paragraphs (a), (c) and (d) EXPIRED: 7-1-00; paragraph (b) EXPIRED 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.06 Containers {#sec-saf-c-403.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.06}

The carrying of gasoline in glass or non-approved plastic containers, in accordance with Saf-C 6009.02, in any motorboat shall be prohibited.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.07 Flame Arresters {#sec-saf-c-403.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.07}

The carburetor(s) of every engine installed on motorboats which use gasoline as fuel, except outboard motors, shall be fitted with a device which has demonstrated its ability to arrest backfire, and which has been approved or accepted by the U.S. coast guard.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.08 Special Requirements for Commercial Boats {#sec-saf-c-403.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.08}

(a) All vessels powered by gasoline or other inflammable fuel in which the motors or fuel tanks are enclosed, and which are operated as commercial boats, shall in addition to equipment otherwise specified in these rules, have equipment of a type to be approved by the division as follows:

(1) A fixed fire extinguisher system in an enclosed engine compartment;

(2) A forced draft blower for ventilating the bilge, and engine and fuel tank compartments; and

(3) Two paddles, class A and I.

(b) All gasoline or other fuel tanks having a capacity of 6 gallons or more, shall be equipped with a functional shut-off valve having a securely attached handle located outside of the engine compartment and the valve shall be readily accessible for use.

(1) It is in good working condition; and

(2) It does not pose a public safety hazard.

(d) Vessels using portable gas tanks of 6 gallons or less, equipped with a fuel line that is readily detachable from both the tank and the motor and is not located in an enclosed space, shall be exempt from the requirements of (b) above.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.09); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.09 Special Requirements for Rental Boats {#sec-saf-c-403.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.09}

(a) All rental boats powered by gasoline or other flammable fuel, shall in addition to the equipment otherwise specified in these rules, have equipment of a type to be approved by the division as follows:

(1) A forced draft blower for ventilating enclosed bilge, engine, and fuel tank compartments;

(2) Two paddles, if the boat is a class A or I; and

(3) One anchor attached to a sufficient amount of line capable of securing a vessel in the case of an emergency or mechanical failure.

(b) The requirements of (a) above shall not apply to rental boats that are manually propelled, sailboats less than 20 feet in length, or personal watercrafts.

(1) Required safety equipment is in serviceable condition;

(2) Overall condition of the vessel including, but not limited to, hull and structure condition; and

(3) Mechanical spaces are clean and in good repair.

(d) All rental boats with enclosed engine compartments shall be inspected annually by the director prior to the issuance of the registration certificate.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.10 Ventilation {#sec-saf-c-403.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.10}

All motorboats with a closed engine compartment which use gasoline or other inflammable fuel having a flash point of less than 110 degrees Fahrenheit, shall be provided with at least 2 ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilge, engine, and fuel tank compartments in order to remove any inflammable or explosive gases.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.11); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.09); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.11 Exhaust Pipe Connections {#sec-saf-c-403.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.11}

(a) No person shall operate a motorboat on the public waters of this state unless such vessel is equipped with an exhaust discharge pipe extending outside the hull, with connections to withstand exhaust pressure.

(b) Whenever flexible rubber hose connections are used they shall:

(1) Be installed only on vessels which discharge circulating water through the exhaust pipe;

(2) Be installed at places where a full flow of water is maintained; and

(3) In all cases be securely fastened by hose clamps.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.10); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.12 Sound-Producing Devices {#sec-saf-c-403.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.12}

(a) All class A motorboats shall be equipped with one hand, mouth or power operated whistle.

(b) All class I motorboats from 16 feet to less than 26 feet in length shall be equipped with one hand, mouth or power operated whistle, audible for a distance of at least one-half mile.

(c) All class II motorboats from 26 feet to less than 40 feet in length shall be equipped with one bell and one hand or power operated whistle, audible for a distance of at least one mile.

(d) All class III motorboats 40 feet in length to less than 65 feet shall be equipped with one bell and one power operated whistle, audible for a distance of at least one mile.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.11); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.13 Siren, Flashing Lights {#sec-saf-c-403.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.13}

No person, except an authorized representative of the state or any of its political subdivisions, shall use a siren or flashing blue or red lights on a vessel on state waters.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.15); ss by #6005, eff 3-24-95; ss by #6092, eff 9-19-95, EXPIRED: 9-19-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.12); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.14 Time for Lights {#sec-saf-c-403.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.14}

Proper lighting, as required in Saf-C 403.15 and Saf-C 403.16, shall be displayed between sunset and sunrise. Lights shall be lighted at such times and no other lights which might be mistaken for, interfere with, or distract from, the prescribed lights shall be exhibited.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.16); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.13); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.15 Lights on all Motorboats {#sec-saf-c-403.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.15}

(a) All motorboats, including boats propelled by outboard motors, shall while under way, carry lights with distances of visibility on clear nights shown as follows:

(1) For class A and I motorboats:

a. A bright white light aft to show all around the horizon; and

b. A combined light on the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam of their respective sides; and

(2) For class II and III motorboats:

a. A bright white light in the fore part of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, namely, from straight ahead to 2 points abaft the beam on either side;

b. A bright white light aft to show all around the horizon, and higher than the white light forward;

c. On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from straight ahead to 2 points abaft the beam on the starboard side;

d. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from straight ahead to 2 points abaft the beam on the port side; and

e. The side lights shall be fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow.

(b) Each motorboat shall carry only the combined light or separate side lights as appropriate to its class. Additionally, one white light at the stern so constructed that it shall show an unbroken light over an area of the horizon of 12 points of the compass so fixed as to show the light 6 points from right aft on each side of the vessel.

(c) When propelled by both sail and machinery a motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this paragraph, when applied to lights, means visible on a dark night with clear atmosphere.

(e) Any motorboat may carry and exhibit the lights required by the federal requirements for preventing collisions at sea, 1960, International Rules of the Road, federal act of September 24, 1963, 33 USC 1051-1053, 1061-1094, 77 Stat. 194-210, as amended, in lieu of the lights required by this section.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.17); ss by #6005, eff 3-24-95; ss by #6092, eff 9-19-95, EXPIRED: 9-19-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.14); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.16 Lights on Non-Power Boats {#sec-saf-c-403.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.16}

(a) Boats propelled by oars, paddles or other human or natural device except sails, operated on any public water, shall, between sunset and sunrise, display one white light in a conspicuous position, so placed as to show all around the horizon.

(b) Any other type of non-motorized vessel, when propelled by sail alone, shall carry only the combined light or separate side lights as appropriate to its class. Additionally, one white light at the stern so constructed that it shall show an unbroken light over an area of the horizon of 12 points of the compass so fixed as to show the light 6 points from right aft on each side of the vessel.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.18); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.15); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.17 Diagrams. {#sec-saf-c-403.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.17}

The running lights set forth in these rules shall be as illustrated in Figure 400-1:

Figure 400-1 Running Lights

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.19); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.16); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.18 Lights on Rafts and Barges Under Way {#sec-saf-c-403.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.18}

(a) For the purpose of this section, “raft” means an appurtenance to a vessel.

(b) Rafts shall carry a white light on each end between sunset and sunrise, when being towed or propelled in any way.

(c) Barges being towed astern of vessels, when towing singly or in what is known as tandem towing, shall each carry a white light on the bow and a white light on the stern.

(d) Barges being towed alongside a vessel shall:

(1) Carry a green light upon the starboard side;

(2) Carry a red light on the port side of the barge; and

(3) If there is more than one barge abreast, the colored lights shall be displayed from the outer sides of the outside barge.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94 (formerly Saf-C 403.19), EXPIRED: 7-1-00
#7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.17); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.19 Lights on Boats or Rafts at Anchor {#sec-saf-c-403.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.19}

All vessels, log rafts and rafts as defined in RSA 270:42, IV, when at anchor in the normally traveled portion of the public waters, between sunset and sunrise, shall display a white light high enough to show all around the horizon.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.21); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.18); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.20 Communication Facilities Required {#sec-saf-c-403.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.20}

When remote controls are not provided, the pilot house and engine room of a vessel shall be equipped with a reliable communication system which shall be maintained in good working condition at all times.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.23); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.19); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.21 Automatic Shut-Off Required {#sec-saf-c-403.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.21}

When vessels powered with inboard or outboard motors are racing or running time trials in a program and on a course which has been approved by the commissioner, pursuant to Saf-C 413, the vessel shall be equipped with a deadman's throttle, also known as a kill switch.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94 (formerly Saf-C 403.24); amd by #6005, eff 3-24-95; paragraphs (a)-(d) EXPIRED: 7-1-00; amd by #7798, eff 12-3-02 (inserted (a)-(d) again); paragraph (e) EXPIRED: 3-24-95; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03 (inserted (e) again)
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04, except for paragraphs (a)-(d); ss and moved by #8172, eff 9-21-04 (from Saf-C 403.20); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.22 Hull {#sec-saf-c-403.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.22}

Numbers Issued by the Department.

(a) When a vessel bears no manufacturer’s hull identification number because it is homemade or was constructed before identification numbers were required, the registrant shall so notify the division of motor vehicles and the director shall issue an identification number for such vessel.

(b) Hull identification numbers issued by the director shall bear the prefix NHZ and be followed by 9 numbers for entry in the National Crime Information Center (NCIC).

(c) Hull identification numbers shall be issued and recorded at the Concord boat registration desk, division of motor vehicles.

(d) For any registration transacted by a boat agent, a hull identification number shall be assigned, if necessary, at the time the registration is processed.

(e) Hull identification numbers issued by the director shall be permanently affixed to the transom of the vessel in plain view.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.25); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.21); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.23 Noise Level Testing Procedure {#sec-saf-c-403.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.23}

(a) This section shall set forth the testing procedures used to measure marine engine noise levels, pursuant to RSA 270:36-40.

(b) The following instruments shall be used to measure decibel levels of marine engines and motors:

(1) A precision sound level meter that conforms to the specifications of ANSI S1.4-1983; and

(2) An external field test, such as a sound level calibrator.

(c) The test site shall be located on a calm body of water that is large enough to allow pass-bys at full speed, as designated by the division.

(d) The area around the test site shall be free of large obstructions, such as buildings, boats, hills, large piers and breakwater walls, for a minimum distance of 100 feet.

(e) The test course shall consist of 3 small buoys, in a straight line.

(f) The test boat shall be positioned parallel to the test course, at a distance of 50 feet from the center buoy of the course. The bow and stern of a test boat shall be secured to moorings.

(g) A marine patrol officer shall stay on board each boat tested to verify that the boat was operated at maximum speed, pursuant to (k) below, for 2 of the pass-bys.

(h) Calibration shall be as follows:

(1) The sound level meter used shall be calibrated using an external field test;

(2) Field calibration of the sound level meter shall be made immediately before and after each test sequence;

(3) The person performing the field calibration shall record successful completion of the calibration on a noise test report form;

(4) An external standard calibration test shall be conducted annually on the sound level meter and the external field test; and

(5) A copy of the external standard calibration test form, completed by the person(s) who performed the last external standard calibration, shall be evidence that the sound level meter and the external field test were properly calibrated at the time of the noise level test.

(i) The ambient sound level, including wind effects, due to noise sources other than the vessel being tested, shall be measured immediately prior to the test sequence. The value shall be recorded.

(j) The temperature, humidity and windspeed shall be recorded, using the current values available and reported by the National Weather Service at the nearest observation station to the site.

(k) The test shall consist of 4 passes along the test course of 3 buoys, at a distance of 1 to 3 feet from the buoys. The direction of travel shall be reversed between each run. The first 2 runs shall be at the boat's half throttle cruising speed, and the other 2 runs shall be at full throttle.

(l) During each test, all radio equipment shall be switched off. An officer shall hold the sound level meter 5 to 6 feet above the water with the microphone inclined approximately 70 degrees off horizontal, facing the center buoy of the test course. The results of each run shall be recorded by a marine patrol officer in the test boat.

(m) Each meter reading shall be obtained while the boat is within the boundaries of the test course, at the highest sound level for each speed.

(n) All values obtained pursuant to (m) above shall be recorded, however, the sound level shall be the average of the 2 readings, rounded down to the nearest whole number.

(o) The officers conducting the noise level test shall record the following information on a log sheet:

(1) Name, address and date of birth of owner of the boat;

(2) Documentation showing proof of identification of the boat operator;

(3) Names of officers conducting the test;

(4) Date and time of test;

(5) Location of test site;

(6) Weather conditions;

(7) Water conditions;

(8) Make, model number and color of the boat being tested;

(9) Length of the boat;

(10) Registration number of the boat;

(11) Hull identification number of the boat;

(12) Names or distinguishing marking on the boat;

(13) The result of the external field test of the sound level meter;

(14) Direction of the test pass, either left or right; and

(15) Results of each test.

History

#4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.26); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.22); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.24 Noise Levels of Marine Engines {#sec-saf-c-403.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.24}

No boat shall be offered for sale or operated in or upon the waters of this state that have engines or motors that exceed the noise levels set forth in RSA 270:37.

History

#8172, eff 9-21-04 (from Saf-C 403.23); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 403.25 Defective Equipment Tags {#sec-saf-c-403.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 403.25}

(a) The director or his or her authorized representatives shall issue a defective equipment tag to the operator of any boat found to be in violation of any of the equipment requirements set forth in law or these rules.

(b) Any equipment violation shall be noted on the defective equipment tag and the owner of the boat shall be responsible to immediately correct the violation and have the correction verified by the signature of a marina dealer employee or the director or his or her designee. The owner’s copy of the defective equipment tag shall be returned to the New Hampshire department of safety, division of state police, marine patrol bureau, within 48 hours of having the equipment violation corrected and verified.

(c) The issuance of a defective equipment tag shall prohibit the continued operation of the boat until the equipment violation is corrected.

History

#8172, eff 9-21-04 (formerly Saf-C 405.05); ss by #10293, eff 3-20-13

Part Saf-C 404 Boating Rules

N.H. Code Admin. R. Ann. Saf-C 404.01 Operating in Fog {#sec-saf-c-404.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.01}

(a) Any vessel that is running in a fog, mist, falling snow or heavy rain storm, or when a vessel cannot see other vessels, the pilot shall cause a long blast, 4 to 6 seconds in duration, of the whistle or horn, at intervals not exceeding 2 minutes.

(b) A vessel hearing the fog signal of another vessel, apparently forward of the beam, the position of which is not ascertained, shall immediately slow to headway speed only, and then navigate with caution until danger of collision is over.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.09); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.02 At Anchor in Fog {#sec-saf-c-404.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.02}

Vessels of any kind or their appurtenances, when at anchor on the normally traveled portion of the public waters in a fog or thick weather, shall sound their fog signals at intervals not exceeding one minute.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.03 Care of Log Rafts {#sec-saf-c-404.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.03}

All rafts or booms of logs shall be accompanied, while in transit, by a trailer vessel. The trailer vessel shall watch for and pick up any escaping logs, and generally supervise the condition of the raft or boom while under way.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.04 Meeting or Passing Log Rafts {#sec-saf-c-404.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.04}

All vessels, when meeting or passing rafts or logs being towed shall, during such meeting or passing, reduce their speed to such an extent as to prevent their wake from causing logs to break away or wash out of the raft or boom.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.05 Commercial Vessel Passengers {#sec-saf-c-404.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.05}

The number of passengers carried on any of the public waters of the state shall not exceed the passenger carrying capacity of the vessel, as determined by a licensed marine surveyor and as registered with the division.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.15); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.06 Age of Commercial Operator {#sec-saf-c-404.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.06}

A person under 18 years of age shall not be issued a certificate to operate a commercial vessel on the public waters of the state.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.16); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.07 Accident Assistance {#sec-saf-c-404.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.07}

(a) In the event of a collision, accident or other casualty involving a vessel subject to this chapter, the operator, if he or she can do so without serious danger to his or her own vessel or persons aboard, shall render such assistance as shall be practicable and necessary to other persons affected by the collision, accident or casualty in order to save them from danger caused by the collision, accident or casualty. The operator shall also give his or her name, address and identification of his or her vessel to any person injured, to the operator of any other vessel(s) involved and to the owner of any property damaged.

(b) Any person who complies with this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident or other casualty, without objection from any person assisted, shall not be liable for any action taken as a result of the rendering of assistance when he or she acted as any ordinary reasonably prudent person would have acted under the same or similar circumstances.

(c) Any owner, operator or passenger aboard a vessel involved in a collision, accident or other casualty shall immediately report the incident to the NH marine patrol bureau.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.23); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.08 Swim Lines {#sec-saf-c-404.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.08}

(a) No person shall operate a boat within any permitted swim line on any public body of water.

(b) No person shall put or place a swim line in any public body of water without prior written approval of the director.

(c) An application for a swim line permit, form DSSS 41, shall be submitted to the director by the shore front property owner, or a contact person.

(d) The following shall be submitted on form DSSS 41:

(1) Name, address, telephone number and cellular telephone number, if available, of the property owner;

(2) Name, address, telephone number and cellular telephone number, if available, of the contact person for the property owner, if applicable;

(3) Address of the shore front property;

(4) Name of the body of water;

(5) Lot number and tax map number of the shore front property;

(6) Name and address of adjacent abutters;

(7) Type of swim area, such as:

a. Private or individual swim area;

b. Town or state owned swim area; or

c. Private group or association swim area; and

(8) If a waiver is requested, a statement of need with a description of water depth and distance from shore.

(e) An application for a swim line permit shall be signed and dated by the property owner or contact person.

(f) A diagram of the swim area that is accurate in relation to north shall be attached to form DSSS 41.

(g) The diagram referenced in (f) above shall be accurate in relation to north and contain the following:

(1) Applicant’s shore line and property line in feet;

(2) The proposed swimline’s location and dimensions in feet;

(3) Water depth in feet at furthest point of the proposed swim line;

(4) Location, dimensions and distance in feet to moorings, docks, or swim rafts located off the applicant’s shore frontage; and

(5) Adjacent abutter’s shore frontage(s), and location, dimensions and distance in feet to moorings, docks, swim rafts or swim lines, located within 200 feet of the applicant’s shore frontage.

(h) No swim line shall be approved which:

(1) In the opinion of the director constitutes a hazard or obstruction to navigation;

(2) Is placed closer than 20 feet from adjacent abutter property lines;

(3) Has an open-sided configuration that would permit boats to enter the swim area;

(4) Extends into the water beyond the point where the depth of water exceeds 6 feet or for a distance from shore of 50 feet, whichever occurs first; or

(5) Diminishes the residential, recreational or scenic value of the public water in light of the competing uses for the enjoyment of the public water.

(i) Any waiver of the restrictions set forth in (h) above shall be requested and submitted to the director on form DSSS 41. The request shall include a detailed description of water depth and distance from shore.

(j) Upon receipt of a request for a waiver pursuant to (i) above, the director shall conduct a visual inspection of the proposed swim line site. A waiver shall be granted if the director determines that the proposed swim line does not constitute a hazard or obstruction to navigation and that the swim line does not diminish the residential, recreational or scenic value that the public water provides to all users. The conditions of the waiver shall appear on the swim line permit.

(k) A swim line permit shall expire on December 31 of each year.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; renumbered by #6005, eff 3-24-95 (formerly Saf-C 404.28), EXPIRED: 7-1-00
#7798, eff 12-3-02; ss by #8172, eff 9-21-04; amd by #9731, eff 6-24-10; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.09 Swim Rafts {#sec-saf-c-404.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.09}

(a) Each swim raft placed in public waters shall display the owners name and shore front address plainly marked on the outside of such raft.

(b) Each swim raft placed in public waters shall display 12 square inches of reflective material at least half way up on all sides of the raft.

History

#6092, eff 9-19-95, EXPIRED: 9-19-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; rpld by #8614, eff 4-25-06
#10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.10 Operating Restrictions {#sec-saf-c-404.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.10}

All vessels leaving Back Bay Channel on Lake Winnipesaukee in the town of Wolfeboro shall have the right-of-way from all vessels, except for canoes, rowboats and sailboats entering the channel, pursuant to RSA 270-D:2, IX.

History

#7305, EMERGENCY, eff 6-9-00, EXPIRED: 10-7-00
#7502, EMERGENCY, eff 6-8-01, EXPIRES:12-5-01; ss by #7534, eff 7-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 404.09); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.11 Weirs {#sec-saf-c-404.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.11}

Beach Restriction.

(a) No person shall anchor, moor or raft as defined in RSA 270:42, IV, on the portion of Lake Winnipesaukee known as Weir’s Beach in the city of Laconia from:

(1) An imaginary line that runs from the northeastern corner of the Winnipesaukee Pier to the northernmost light buoy that marks the northernmost end of the Weirs Channel and continuing on to the shoreline; and

(2) All points south of said imaginary line to include the Weirs Channel area to the lighted navigational aid marking the southernmost end of the Weirs Channel.

(b) This section shall be implemented each year, beginning on the Wednesday before the annual Motorcycle Week in Laconia, at Weir’s Beach, and ending at noon on the last day of Motorcycle Week.

History

#7482, eff 4-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 404.10); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 404.12 Rules for Crossing Boat Wakes and Conduct Near Other Vessels {#sec-saf-c-404.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 404.12}

(a) No boat operator shall allow his or her boat to cross the wake of another boat, or cross its own wake, in a manner that causes the vessel to become airborne. For the purposes of this section, "airborne" means that the boat's hull completely leaves the water.

(b) An operator shall slow to headway speed when crossing the wake of another vessel when within 150 feet of the other vessel.

(c) No boat operator shall operate his or her her boat in a manner that is unsafe, including the following types of conduct:

(1) Challenging other boaters by heading directly at a vessel and then swerving at the last minute to avoid collision;

(2) Weaving through congested boat traffic at greater than headway speed;

(3) Operating while his or her vision is obstructed; and

(4) Types of operation that are intended to create erratic operational patterns so that other boaters cannot determine the course or heading of the boat.

(d) Notwithstanding any other rule to the contrary, this section shall not apply to the following:

(1) Water events as set forth in RSA 270-D:4 and Saf-C 413; and

(2) Law enforcement agencies and their representatives acting in their official capacity.

History

#8172, eff 9-21-04 (from Saf-C 404.11); ss by #10293, eff 3-20-13

Part Saf-C 405 Description of Buoying System

N.H. Code Admin. R. Ann. Saf-C 405.01 Spar Buoys {#sec-saf-c-405.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 405.01}

(a) An operator of a vessel shall observe the following rules when encountering spar buoys on the public waters of the state:

(1) White buoy with black top means:

a. When navigating on an east-to-west or west-to-east course go north; or

b. When navigating on a north-to-south or south-to-north course go east;

(2) White buoy with red top means:

a. When navigating on an east-to-west or west-to-east course go south; or

b. When navigating on a north-to-south or south-to-north course go west;

(3) An all black buoy means one has to travel between it and its companion all red buoy. The all black buoy is used together with the all red buoy to mark a well-defined channel; and

(4) An all red buoy means one has to travel between it and its companion all black buoy. The all red buoy is used together with the all black buoy to mark a well-defined channel.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 405.02 Flashing Light Buoys {#sec-saf-c-405.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 405.02}

Flashing light buoys shall be range or general direction indicators, white in color. The light shall not control navigation directions. The spar buoy adjacent to such lights shall indicate the governing direction for navigation. When navigating at night, operators shall use the light for general direction, keeping the course of the vessel a few degrees to the correct side or passage, as indicated by the buoy adjacent to it. Operators shall not approach a light head.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 405.03 Bridge Lights. {#sec-saf-c-405.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 405.03}

Whenever lights are displayed on bridges, fixed red lights shall mark the edges of the safe channel, with a single fixed green light placed over the center of the safe channel to indicate maximum vertical clearance.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 405.04 Regulatory Markers {#sec-saf-c-405.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 405.04}

Regulatory markers shall be geometric figures painted international orange and white. Regulatory markers shall indicate the existence of danger, speed zones, swim areas and other controls. Spelled-out words or recognized abbreviations may appear on these markers to convey their meaning to vessel operators.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 406 Training Rules

N.H. Code Admin. R. Ann. Saf-C 406.01 Agents of the Director {#sec-saf-c-406.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 406.01}

(a) Each certified agent of the director shall attend an annual boating enforcement seminar conducted by the captain of marine patrol or his or her designee for which the curriculum has been established and approved by the director, unless excused from attendance by the director by virtue of past experience and training in boating law enforcement.

(b) Each certified agent of the director shall attend an annual boating enforcement seminar that complies with Pol 403.01, conducted by the captain of marine patrol or his or her designee for which the curriculum has been established and approved by the director, unless excused from attendance by the director by virtue of past experience and training in boating law enforcement.

History

#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00
#7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 407 Rafting Rules

N.H. Code Admin. R. Ann. Saf-C 407.01 Rafting Rules {#sec-saf-c-407.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 407.01}

(a) In addition to and in conjunction with the requirements of RSA 270:44, no person, except as otherwise provided herein, shall, in a prohibited location or at a prohibited time:

(1) Form or allow a boat which he or she is operating or in charge of to be a member of a raft consisting of 3 or more boats;

(2) Form or allow the boat which he or she is operating or in charge of to be a member of a raft if any part of such raft is:

a. Less than 150 feet from shore;

b. Less than 50 feet from any other raft; or

c. Less than 50 feet from any occupied single boat which is stationary upon the waters of the same lake or pond; and

(3) Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond, other than momentarily, if any part of such boat is:

a. Less than 150 feet from shore;

b. Less than 50 feet away from any raft; or

c. Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.

History

#2573, eff 12-30-83; ss by #3010, eff 5-2-85; ss by #4070, eff 06-30-86; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 407.02 Exceptions {#sec-saf-c-407.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 407.02}

(a) The provisions of Saf-C 407.01 shall not apply to:

(1) Boats anchored or moored at marinas, yacht clubs or at private docks with the owner's permission;

(2) Boats involved in or attending a:

a. Fireworks display;

b. Boat parade;

c. Boat race; or

d. Any other public event for which the commissioner issues a permit in accordance with Saf-C 413;

(3) Boats converged at the direction of the division or of the fish and game department to protect threatened wildlife species;

(4) Boats converged in an emergency to prevent personal injury, property damage or other life or health-threatening situations;

(5) Boats operated by peace officers engaged in law enforcement;

(6) Lifeboats or dinghies;

(7) Sailboats operated by organized youth groups under the direct control of a camp counselor or other responsible adult; and

(8) Boats on estuaries, tidal waters, or lakes or ponds of less than 400 acres.

History

#4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 407.03 Prohibited Areas {#sec-saf-c-407.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 407.03}

(a) Rafting, as defined in RSA 270:42, V, shall be prohibited on the following portions of Lake Winnipesaukee, unless covered by one of the exceptions specified in RSA 270:45:

(1) The area known as Kona Mansion, in the town of Moultonborough, east of an imaginary line running north and south from the red top mark buoy located on the western tip of Avery's Point on the south to the Kona Farm gas docks on the north;

(2) Small's Cove in the town of Alton, southwest of an imaginary line running southeast-northwest from light 75 on the northwestern end to the northernmost point of land marking the entrance to the first cove, south of Small's Cove on the south;

(3) Wentworth Cove, southwest of Governor's Island Bridge west of an imaginary north-south line, running from light 43 on the north to the black top buoy, located off Wentworth Cove Estates on the south;

(4) Braun Bay, within 300 feet of both fish and game property lines, to be delineated by marine patrol with orange mooring balls;

(5) Braun Bay, at a distance less than 75 feet from shore, to be delineated by marine patrol with orange mooring balls;

(6) The area known as Cedar Cove, specifically identified as the area opposite Plum Island which borders the town of Alton tax map 18, lot numbers 12 through 20 and 55;

(7) The area of Winter Harbor from the southern boundary of the town of Tuftonboro tax map 51, block 3, lot number 14 to the southern boundary of tax map 51, block 1, lot number 20;

(8) The entire area known as Green’s Basin in the town of Moultonborough;

(9) Orchard Cove, on the east side of Cow Island, in the town of Tuftonboro;

(10) The entire area known as Buzzell Cove in the town of Moultonborough;

(11) Brickyard Cove, south of an imaginary line running about 2,300 feet from the northern tip of Clay Point to the southern tip of Barndoor Island;

(12) The entire area known as Black Cove, in the town of Meredith, encompassing an area in Meredith tax map S-7, east from the northern most point of Lot 5-1 to the southeastern most point of Lot 1;

(13) The entire area known as East Cove in the town of Moultonborough;

(14) The entire area known as Advent Cove in the town of Meredith;

(15) Roberts Cove, in the town of Alton, east of an imaginary line running north to south from the westerly boundary of lot 41 on tax map 48 to the westerly boundary of lot 1 on tax map 48; and

(16) The entire areas known as Round Cove, Fish Cove, and Flag Cove in the town of Meredith.

(b) Rafting, as defined in RSA 270:42, V, shall be prohibited on the following portions of Lake Sunapee, unless covered by one of the exceptions specified in RSA 270:45:

(1) Along the eastern shore beginning at Owl's Nest Point, running northeast to a point off Soo Nipi Road, a distance of approximately 2,800 feet;

(2) Along the front of the John Hay National Wildlife Refuge in the town of Newbury; and

(3) In the area 2,000 feet north northeast of Twin Islands, adjacent to the red top spar buoy in George’s Mills.

(c) Rafting, as defined in RSA 270:42, V, shall be prohibited within the entire area known as Camp Starfish Cove, on Lake Monomonac, unless covered by one of the exeptions specified in RSA 270:45.

History

#4562, eff 1-3-89; amd by #5671, eff 7-19-93; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95; ss by #6815, eff 7-24-98; amd by #7286, eff 5-23-00; amd by #7906, eff 6-24-03; ss by #8172, eff 9-21-04; amd by #8338, eff 4-22-05; amd by #9237, eff 8-22-08; (See Revision Note #2 at chapter heading) amd by #9544, eff 9-15-09; ss by #10293, eff 3-20-13; amd by #10515, eff 1-27-14; amd by #10740, eff 12-2-14; amd by #12492, eff 3-19-18

N.H. Code Admin. R. Ann. Saf-C 407.04 Ossipee {#sec-saf-c-407.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 407.04}

Lake Rafting Restrictions.

(a) The following rafting restriction shall apply to that portion of Lake Ossipee known as Cassie and Turtle Coves and the adjacent sandbar, including the channel to and from Broad Bay and the main lake:

(1) Rafts shall be limited to 10 boats;

(2) Rafting shall be allowed from sunrise to sunset;

(3) Rafts shall be at least 50 feet from the main navigational channel; and

(4) Rafts shall not be anchored or secured to the shoreline in any way.

History

#7534, eff 7-25-01; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 408 Moorings

N.H. Code Admin. R. Ann. Saf-C 408.01 Lakes Covered {#sec-saf-c-408.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.01}

Saf-C 408 shall only apply to moorings on Lake Winnipesaukee, Squam Lakes, Lake Sunapee, Lake Winnisquam, Newfound Lake, Ossipee Lake, Bow Lake, and Pleasant Lake.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.02); ss by #6005, eff 3-24-95; ss by #6815, eff 7-24-98; ss by #8172, eff 9-21-04; ss by #9731, eff 6-24-10; ss by #10293, eff 3-20-13; ss by #12398, eff 10-1-17

N.H. Code Admin. R. Ann. Saf-C 408.02 Abutter {#sec-saf-c-408.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.02}

For the purposes of this part, “abutter” means the record owner of land immediately adjacent to, and/or of any portion of land that is located within 300 feet of the boundaries of the proposed mooring field, including properties adjacent to the water within 300 linear feet, such as in the case of coves.

History

#4750, eff 1-29-90; ss by #6005, eff 3-24-95 (formerly Saf-C 401.01), EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.03 Mooring {#sec-saf-c-408.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.03}

Only one boat shall be attached to a mooring.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.01); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.04 Mooring Permit Required {#sec-saf-c-408.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.04}

No person shall erect, install, maintain, use or have control over a mooring on any body of water specified in Saf-C 408.01, unless a mooring permit has been issued by the division.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.03); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.05 Mooring Permit Application {#sec-saf-c-408.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.05}

(a) Each applicant for a mooring permit pursuant to RSA 270:61 shall complete:

(1) Form DSSS 18, application for an individual mooring permit, if applying for one to 4 moorings;

(2) Form DSSS 19, application for a congregate mooring permit, if applying for a congregate mooring field that is 5 or more moorings; and

(3) Form DSSS 33, application for a public mooring field permit, if applying for a public mooring field, that is 5 or more moorings.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.04); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.06 Individual Mooring Permit Application {#sec-saf-c-408.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.06}

(a) The owner of the shorefront property or the owner of the shorefront property allowing access to the mooring shall complete form DSSS 18.

(b) An applicant shall provide the following on form DSSS 18:

(1) Name, shorefront and mailing address, telephone number and cellular telephone number, if available of the mooring owner;

(2) Name, address, telephone number and cellular telephone number, if available, of the contact person for the mooring owner, if applicable;

(3) Name of the body of water on which the proposed mooring will be located;

(4) Adequate directions for locating the mooring by both water and land;

(5) Town or city tax map and lot number of the shorefront property adjacent to which the mooring shall be placed;

(6) The water depth where the mooring is located;

(7) If the mooring will be used by another person, the person’s name, address and telephone number, along with an explanation of the request;

(8) Current copy of the boat registration for all boats used at the shorefront property;

(9) If the boat does not require registration, the name of the boat’s owner and full description of the boat, including length, color, make and model;

(10) Name and address of all abutters;

(11) The mooring owner’s or contact person’s signature and date signed;

(12) Statement that no other viable and safe alternative exists for securing the boat;

(13) Statement whether docking facilities exist, over which the applicant has control;

(14) Statement that the mooring shall not be transferred, leased or sold;

(15) A diagram or plan that includes the following:

a. The applicant’s shore frontage in feet;

b. Name and shore frontage in feet of each abutter, located within 300 feet of the applicant’s shore frontage;

c. The location and distance from shore of each mooring applied for; and

d. The location of all structures in the water in front of the applicant’s or abutter’s shore frontage, including:

Docks;
Personal watercraft or boat lifts;
Other moorings;
Swim rafts;
Swim lines; and
Navigational markers; and

(16) An executed copy of a deed or lease of the shorefront property.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.05); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.07 Congregate Mooring Permit Application {#sec-saf-c-408.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.07}

(a) An applicant for a congregate mooring permit shall provide the following on DSSS 19:

(1) Name, address, telephone number and cellular telephone number, if available of the mooring owner;

(2) Name, address, telephone number and cellular telephone number, if available, of the contact person responsible for the mooring field, if applicable;

(3) Number of moorings requested;

(4) Identification of the marina, condominium, association, yacht club or other like homogeneous use group;

(5) Name of the body of water on which the proposed mooring field will be located;

(6) The distance from shore to the furthest mooring in the mooring field;

(7) Adequate directions for locating the area by both water and land;

(8) A written description of access from shore;

(9) An executed copy of a deed or lease of the shorefront property;

(10) A description of the mooring buoys, including the color, shape, size and material;

(11) Description of the mooring anchors, including the material used and the weight;

(12) Signature(s) of the person authorized to sign on behalf of the group and date signed;

(13) Five copies of a diagram or plan to scale that includes the following on an 11" x 17" sheet of paper:

a. The location of all structures placed in the water within 300 feet from the outer perimeter of the proposed mooring field, including:

Docks, permanent or seasonal;
Personal watercraft or boat lifts;
Other moorings;
Swim lines;
Swim rafts;
Navigational markers; or
Launch ramp;

b. The location of property lines and name and address of all abutters including tax map and lot numbers;

c. The shore frontage in feet;

d. Scale of measurement;

e. North arrow;

f. The water depth in the area of each mooring;

g. The location of each mooring from shore;

h. Distance between each mooring;

i. Support facilities, including:

Dinghy docking;
Water taxi service;
Public restroom facilities;
Refuge removal facilities;
Holding tank pump out facilities;
Parking for automobiles and trailers; and
Docks reserved for use of mooring field users for loading or unloading; and

j. A location map suitable for locating shorefront access and mooring(s);

(14) An explanation of how the moorings shall be designated;

(15) A copy of a certificate of insurance for comprehensive general liability for all claims of bodily injury, death or property damage that might result from the maintenance, management or operation of the mooring field and the amount of coverage;

(16) A statement that the applicant shall indemnify and hold harmless the state, its officers and employees from all claims, liabilities or penalties resulting from the acts or omissions of the applicant in maintaining, managing or operating the mooring field;

(17) A copy of any association rules or bylaws pertaining to waterfront use, including docks, beaches, swim rafts and swim lines;

(18) Name and address of all abutters, located within 300 feet of the boundaries of the mooring field;

(19) A statement certifying that all abutters to the shorefront property have been notified of the application by certified mail, return receipt requested, and have been provided copies of the application and grid map; and

(20) A copy of the current boat registration for all boats used at the property.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.06); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.08 Public Mooring Permit Application {#sec-saf-c-408.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.08}

(a) An applicant for a public mooring permit shall provide the following on DSSS 33:

(1) Name, address, telephone number and cellular telephone number, if available, of the applicant;

(2) Name, address, telephone number and cellular telephone number, if available, of the contact person responsible for the mooring field, if applicable;

(3) Number of moorings requested;

(4) Name of the body of water on which the proposed mooring field will be located;

(5) The distance from shore to the furthest mooring in the mooring field;

(6) Adequate directions for locating the area by both water and land;

(7) A written description of access from shore;

(8) An executed copy of a deed or lease of the shorefront property;

(9) A description of the mooring buoys, including the color, shape, size and material;

(10) Description of the mooring anchors, including the material used and the weight;

(11) Signature(s) of the person authorized to sign on behalf of the applicant and date signed;

(12) Percentage of moorings in a public mooring field that shall be used for a full season;

(13) Five copies of a diagram or plan to scale that includes the following on an 11" x 17" sheet of paper:

a. The location of all structures placed in the water within 300 feet from the outer perimeter of the proposed mooring field, such as but not limited to:

Docks, permanent or seasonal;
Personal watercraft or boat lifts;
Other moorings;
Swim lines;
Swim rafts;
Navigational markers; or
Launch ramp;

b. The location of property lines and name and address of all abutters including tax map and lot numbers;

c The shore frontage in feet;

d. Scale of measurement;

e. North arrow;

f. The water depth in the area of each mooring;

g. The location of each mooring from shore;

h. Distance between each mooring;

i. Support facilities, such as, but not limited to:

Dinghy docking;
Water taxi service;
Public restroom facilities;
Refuge removal facilities;
Holding tank pump out facilities;
Parking for automobiles and trailers; and
Docks reserved for use of mooring field users for loading or unloading; and

j. A location map suitable for locating shorefront access and mooring(s);

(14) A copy of a certificate of insurance for comprehensive general liability for all claims of bodily injury, death or property damage that might result from the maintenance, management or operation of the mooring field and the amount of coverage;

(15) A statement that the applicant shall indemnify and hold harmless the state, its officers and employees from all claims, liabilities or penalties resulting from the acts or omissions of the applicant in maintaining, managing or operating the mooring field;

(16) Name and address of all abutters, located within 300 feet of the boundaries of the mooring field; and

(17) A statement certifying that all abutters to the shorefront property have been notified of the application by certified mail, return receipt requested, and have been provided copies of the application and grid map.

History

#4750, eff 1-29-90; ss by #6005, eff 3-24-95 (formerly Saf-C 408.061), EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.09 Rejection of Mooring Permit Application and Revocation of Mooring Permit {#sec-saf-c-408.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.09}

(a) The director shall reject an application for a mooring permit, or after notice and an opportunity for a hearing, revoke a mooring permit for any of the following:

(1) The location interferes with or impedes navigation and subsequently constitutes a hazard to public safety;

(2) Viable and safe alternatives exist for securing the boat;

(3) Adequate docking facilities exist, over which the applicant has control;

(4) The owner of shorefront property who has authorized a person to cross his or her property to access the mooring, fails to file an application on behalf of the person;

(5) The owner of a shorefront property who has received a mooring permit on behalf of a person without shorefront property decides that he or she no longer wants the person to cross his or her property to access the mooring or no longer owns the property;

(6) Evidence exists that the mooring might be transferred, leased or sold;

(7) False information was given on the application form, unless the false information is of an inconsequential nature, such as, but not limited to, a typographical error or misspelled name or address;

(8) The proposed location for the mooring unreasonably interferes with recreational uses of the water and adjacent land;

(9) The director or his designee has determined that the corners or the perimeter of the mooring field shall be designated by orange buoys with non-strobe flashing orange lights, but the operator of the mooring field refuses to install said buoys and lights and has attached boats to the moorings;

(10) There are more moorings installed than the number allowed and stated on the approved mooring permit;

(11) The public mooring field does not have at least one designated public access;

(12) The public mooring field has a membership requirement;

(13) The public or congregate mooring field does not have an operator;

(14) The public mooring field operator allows more than 50 percent of the total number of moorings within the field to be used for a term longer than 30 days;

(15) The public mooring field operator is in violation of the provisions of Saf-C 408.13;

(16) It has been determined that the water depth, shoreline configuration, wind exposure, domestic water use in the area and other environmental conditions and effects are such that the location is not appropriate for moorings; and

(17) The public mooring field operator is not in compliance with the provisions of these rules.

(b) For the purposes of (a)(8) above, a mooring location shall be considered an unreasonable interference if:

(1) It interferes with an abutter's use of the water in front of his or her property;

(2) It poses a safety hazard to users of a public beach;

(3) It is located so close to another existing mooring that the attached boats may collide;

(4) The location poses a navigational hazard to other boaters; and

(5) Any other interference that creates a hazard.

History

#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.07); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.10 Notice of Rejection {#sec-saf-c-408.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.10}

If the director rejects or revokes a mooring permit application, the reason for the rejection or revocation shall be sent to the applicant in writing within 10 working days of the director’s decision.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.08); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.11 Lights {#sec-saf-c-408.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.11}

(a) Mooring fields with 10 or more moorings shall have the corners or the perimeter of the mooring field designated by orange buoys with non-strobe flashing orange lights.

(b) Mooring fields with fewer than 10 moorings shall have the corners or perimeter lighted if the director or his designee determines that navigation or safety hazards exist at night.

(1) Moorings situated in a customary path of boating traffic;

(2) A shallow and/or rocky area; and

(3) A public launch site near the mooring field.

(d) Additional orange buoys with non-strobe flashing orange lights shall be ordered by the director or his designee, if the location or size of the mooring field presents a threat to navigation or safety hazard at night.

(e) Pursuant to RSA 270:67, upon approval of a mooring field permit by governor and council, each applicant shall install the required lights prior to receiving any mooring decals.

(f) An applicant may submit a written request for a waiver of the lighting requirement along with the mooring field permit application. A waiver shall be granted if the director or his designee determines that the mooring field will not be a threat to navigation or safety hazard, if the mooring field is not equipped with lights.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.09); ss by #6005, eff 3-24-95; amd by #6092, eff 9-19-95; paragraphs (a), (b), (d) and subparagraphs (c)(1) EXPIRED: 3-24-95; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 403.08); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.12 Mooring Permit {#sec-saf-c-408.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.12}

(a) Upon approval of a mooring permit application, the division shall issue a mooring permit to the applicant.

(b) The permit shall include:

(1) The address of the shorefront property where the mooring(s) are located;

(2) The date the mooring permit was approved;

(3) A statement that the mooring permit shall not be transferred to any other person or location by gift, sale, lease or rent; and

(4) Any conditions attached to the mooring permit, such as but not limited to:

a. Whether orange buoys with non-strobe flashing orange lights shall be required to establish the perimeter of the mooring field;

b. The maximum number of moorings allowed at the specified shorefront property;

c. That boats be required to be tied bow and stern;

d. The removal of a line extending from the dock to the mooring;

e. A final court ruling, if litigation occurred regarding the mooring permit;

f. The specific location requirements of the placement of the mooring(s); and

g. The maximum boat size that may be attached to the mooring.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#8172, eff 9-21-04 (from Saf-C 408.09); ss by 9731, eff 6-24-10); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.13 Decal Issuance and Placement {#sec-saf-c-408.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.13}

(a) Upon approval of a mooring, an applicant, operator or contact person, or his or her designee, shall submit an initial decal fee of $125.00 to the division for each mooring decal.

(b) The decal shall be affixed to the mooring buoy above the water line, to ensure visibility. The mooring buoy shall be kept clean enough so that the decal is apparent.

(c) If a mooring decal is lost, destroyed or removed from the mooring buoy, the applicant, operator or contact person, or his or her designee, shall notify the division in writing and request a replacement. The division shall charge a fee of $25 for replacement of each decal.

(d) All decals shall be valid until December 31 of the year in which the decal was issued by the division. The applicant, operator or contact person, or his or her designee shall renew a mooring decal, prior to the use of the mooring in the following year.

(e) In order to renew a decal, an applicant, operator or contact person, or his or her designee shall submit the following to the division on or with the decal renewal form:

(1) Any changes to the name, address, telephone number or cellular telephone number of the applicant, operator or contact person or his or her designee;

(2) For individual, special exception and public mooring decals, the annual renewal fee of $25 for each decal;

(3) For congregate mooring decals, the annual renewal fee of $50.00 for each decal;

(4) A copy of the current boat registration for each approved mooring requested; and

(5) A statement that orange buoys with non-strobe flashing orange lights have been installed, if required.

(f) Upon receipt of the completed form and fee(s), the division shall issue a decal for each approved mooring. The division shall return to the applicant, operator or contact person, or his or her designee any incomplete form and accompanying fees along with an explanation.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.11); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 408.10); ss by #9731, eff 6-24-10; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.14 Special Exception {#sec-saf-c-408.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.14}

(a) No more than one mooring shall be placed adjacent to shorefront property unless a special exception for 2-4 moorings has been granted.

(b) A person shall request a special exception by completing a mooring permit application on form DSSS 18 as set forth in Saf-C 408.06(b) for the total number of moorings, along with a detailed explanation of the reason(s) why additional moorings are necessary.

(c) Upon receipt of a request for a special exception, the director or his designee shall review the information submitted by the applicant and approve or reject the special exception based upon the criteria set forth in Saf-C 408.09.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.12); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 408.11); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.15 Procedure for Designating Mooring Areas and Mooring Fields {#sec-saf-c-408.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.15}

(a) Mooring fields shall be established following an application for a mooring field permit.

(b) In addition to RSA 270:67 and 270:68, the following factors shall be applied in determining whether a location might be suitable for a mooring area or mooring field:

(1) Adequate water depth;

(2) Adequate support facilities, including but not limited to:

a. Access to a public highway;

b. Access to a mooring field or area;

c. Whether dinghy docking is available;

d. Availability of water taxi service;

e. Public restroom facilities;

f. Sanitary waste disposal facilities;

g. Holding tank pumping out facilities; and

h. Number of available parking spaces;

(3) Whether a mooring area or mooring field might present an unreasonable adverse effect on the environment, including:

a. Water quality;

b. Wildlife habitats; or

c. Natural areas; and

(4) Whether a mooring area or mooring field, in a particular location, shall unreasonably interfere with recreational uses of the water adjacent to the land.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 408.12); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.16 Notice and Hearing {#sec-saf-c-408.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.16}

(a) Pursuant to RSA 270:67, after the division has located a site that might be suitable for a mooring area or mooring field, the division shall notify the adjacent municipality or municipalities of the proposed site and request a response from the municipality or municipalities concerning whether the proposed mooring area or mooring field presents any potential conflict regarding use of the land adjacent to the location of the proposed mooring field or mooring area.

(b) The municipality's response requested in (a) above, may be based upon the following considerations:

(1) Master plans;

(2) Zoning ordinances;

(3) Capital improvement programs; and

(4) Wetlands conservation district ordinances.

(c) Upon receipt of the municipality’s response requested in (a) above, the division shall schedule a public hearing regarding the site proposal.

(d) Notice of any public hearing shall be provided to the town or city clerk of each municipality determined by the division to be affected by the proposed mooring field, at least 10 days prior to the hearing. The town or city clerk shall be requested to publicly post such notice.

(e) The citizens of the municipality or municipalities in which a mooring area or mooring field might be located shall have 10 days from the date of the hearing to send comments to the division. Any comments that are received shall be considered before a final decision is made.

(f) The division shall provide notice of any public hearing to all abutters listed on the mooring field application. In addition, all abutters shall receive copies of the department's recommendations and the date and time when the mooring field proposal shall be considered by governor and council. All notices shall be provided to abutters 10 days prior to the public hearing or governor and council meeting.

(g) If there is a determination that a field investigation is necessary to clarify an application for a mooring field permit, the director or his designee shall visit an applicant's property.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 408.13); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.17 Public Mooring Fields {#sec-saf-c-408.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.17}

(a) Unless a waiver is granted pursuant to Saf-C 408.18(d), 50 percent of the total number of moorings within a public mooring field shall not be used for a term longer than 30 days.

(b) A public mooring field shall:

(1) Have at least one designated public access;

(2) Not have a membership requirement; and

(3) Have an operator.

History

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.15); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04 (from Saf-C 408.14); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.18 Public Mooring Field Operators {#sec-saf-c-408.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.18}

(a) All public mooring fields shall have an operator. The operator shall provide the department with an emergency telephone number where a person who is responsible for the mooring field can be reached at all times.

(b) Operators of public mooring fields may include:

(1) Government entities;

(2) Corporations; or

(3) Other persons.

(1) Be responsible for the overall maintenance of the mooring field to ensure that the moorings are kept in good condition;

(2) Assign available moorings to the public as requests for moorings are received; and

(3) Maintain records that indicate:

a. The person to whom the mooring has been assigned, including his/her address and telephone number;

b. Fees charged for use of the mooring;

c. Length of time for which the mooring has been assigned, which shall include the date the mooring was issued;

d. Type of boat attached to the mooring, including make and model; and

e. Boat registration number, if required; and

(4) Have the records available for inspection by the director or his /her agents during weekday working hours.

(d) An operator may request a waiver from the director if it appears that restricting 50 percent of the total number of available moorings for limited terms of use is an improper percentage. The operator's request for a waiver shall be in writing and shall include reasons for the waiver.

(e) Upon receipt of a request for a waiver pursuant to (d) above, the director shall grant a waiver if he finds the following:

(1) There are other public mooring fields on the lake available for limited term use;

(2) The average occupancy, based upon the records kept by the operator, indicates that the public's limited term use of the moorings is less than 50 percent;

(3) There have not been complaints or any other testimony received from the public regarding the lack of availability of moorings; and

(4) The tourist population demand for limited term use moorings is less than 50 percent.

(f) The director shall notify the operator, in writing, of his decision regarding the request for a waiver.

History

#8172, eff 9-21-04 (from Saf-C 408.15); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.19 Congregate Mooring Field Operators {#sec-saf-c-408.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.19}

(a) All congregate mooring fields shall have an operator. The operator shall provide the department with an emergency telephone number where a person who is responsible for the mooring field can be reached at all times.

(b) The operator shall:

(1) Be responsible for the overall maintenance of the mooring field to ensure that the moorings are kept in good condition;

(2) Assign moorings to members of the homogenous use group;

(3) Maintain records that:

a. Indicate the person to whom the mooring has been assigned;

b. Include a legible copy of the boat registration for each boat assigned to a mooring in the field; and

c. Indicate fees charged for use of the mooring; and

(4) Have the records available for inspection by the director or his agents during weekday working hours.

(1) Government entities;

(2) Corporations; or

(3) Other persons.

(d) Fees charged pursuant to (b)(3)c. above, shall not exceed the reasonable cost of installing the mooring and the required maintenance.

History

#8172, eff 9-21-04 (from Saf-C 408.16); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 408.20 Removal of Moorings {#sec-saf-c-408.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 408.20}

The commissioner shall remove or cause the removal of any mooring, when authorized pursuant to RSA 270:66, I.

History

#8172, eff 9-21-04 (from Saf-C 408.17); ss by #10293, eff 3-20-13

Part Saf-C 409 Motor Boat Use Hearings

N.H. Code Admin. R. Ann. Saf-C 409.01 Request for Hearing {#sec-saf-c-409.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 409.01}

(a) A group of petitioners made up of 25 or more residents or property owners of each affected town or towns in which the subject body of water is located, an association having not less than 25 members who are residents or property owners of each affected town or towns in which the subject body of water is located, or any governmental subdivision or agency may, pursuant to RSA 270:12, petition the commissioner for a hearing to determine whether a problem exists such that the public interest requires the adoption of the following types of rules:

(1) Governing the maximum horsepower of boat engines and outboard motors on all or any portion of the public waters of the state;

(2) Prescribing maximum speed limits for the operation of boats on all or any portion of the public waters of the state; or

(3) Prohibiting the use of motor boats and outboard motors on public waters having an area of 35 acres or less, except on any body of water covered by RSA 270.

(b) Pursuant to RSA 270:12, this section shall not apply to those bodies of water covered by RSA 270:75-109.

(c) The department shall not accept a petition to repeal a rule adopted as a result of the granting of a petition for at least one year following the effective date of the petition.

(d) When the petition seeks the establishment of a no-wake zone, the petition shall be accompanied by a listing of names and addresses of the abutters within 300 feet of the proposed zone, together with a statement certifying that all such abutters have been notified of the petition by certified mail, return receipt requested, and have been provided copies of the petition.

History

#4214, eff 1-22-87, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95; amd by #7534, eff 7-25-01; paragraphs (a) & (b) EXPIRED: 3-24-03; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 409.02 Scheduling of Hearing {#sec-saf-c-409.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 409.02}

The commissioner shall schedule a hearing within a reasonable period of time, but in no event more than 60 calendar days after the date the request for a hearing is received. The commissioner shall provide at least 7 calendar days advance notice of the hearing. The hearing shall be held in a town in which the body of water under consideration is located, or in a contiguous town.

History

#4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 409.03 Conduct of Hearing {#sec-saf-c-409.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 409.03}

(a) The commissioner shall conduct the hearing as follows:

(1) The commissioner shall explain the purpose of the hearing, including:

a. The request made by the petitioners; and

b. The commissioner's authority pursuant to RSA 270:12 to adopt rules regarding operating restrictions;

(2) The commissioner shall state that written comments shall be accepted and considered. The commissioner shall provide the address to which written comments may be sent and the date by which comments shall be received in order to be considered, which shall be at least 7 calendar days after the date of the hearing;

(3) The commissioner shall request that all persons who wish to speak at the hearing print their name and address on a sign-up sheet provided by the commissioner. This shall not prevent any person who arrives late from speaking if he or she desires;

(4) The order in which persons speak shall be the same order in which their names appear on the sign-up sheet provided that persons who wish to speak out of order shall be allowed to do so unless there is an objection by another speaker; and

(5) After all persons have spoken, the commissioner shall:

a. Establish a date by which the commissioner shall make a determination on whether to adopt rules pursuant to RSA 270:12; and

b. State the means by which interested persons shall be informed of the commissioner's determination.

History

#4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 409.04 Criteria for Review {#sec-saf-c-409.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 409.04}

(a) The commissioner shall, after the hearing, adopt rules of the type authorized by RSA 270:12 if it appears that, consistent with RSA 270:1, II, the rule shall provide for the safe and mutual enjoyment of a variety of uses, taking into consideration the factors in (b) below.

(b) In determining whether to adopt such rules the commissioner shall consider the following:

(1) The size of the body of water or portion thereof for which action is being considered;

(2) The effect that adopting or not adopting the rule(s) would have upon:

a. Public safety;

b. The maintenance of residential, recreational and scenic values;

c. The variety of uses of the body of water or portion thereof;

d. The environment and water quality; and

e. Threatened and endangered species;

(3) The number of people affected, either directly or indirectly, by adopting or not adopting the rule(s); and

(4) The availability and practicality of enforcement of the rule(s).

History

#4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 410 Uniform Fine Schedule - Boating Violations

N.H. Code Admin. R. Ann. Saf-C 410.01 Recommended Uniform Fine Schedule {#sec-saf-c-410.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 410.01}

Pursuant to RSA 270:11, I(d), the recommended uniform fine schedule for boating violations is contained in Appendix II.

History

#4562, eff 1-3-89; ss by #5386, eff 4-29-92; amd by #5862, eff 7-1-94; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 411 Public Hearing Procedures for Requesting Prohibition/Restrictions on the Use of Ski Craft on Lakes, Ponds, or Rivers

N.H. Code Admin. R. Ann. Saf-C 411.01 Form of Petition {#sec-saf-c-411.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.01}

(a) Any petition pursuant to RSA 270:74-a shall be in writing.

(b) A petition, pursuant to (a) above, shall contain the following:

(1) The signatures of 10 or more residents or property owners in the town or towns where the subject lake, pond or river is located;

(2) The printed or typed name, street, mailing address and telephone number of each of the petitioners;

(3) The name and location of the lake, pond, or river for which the hearing is requested; and

(4) The specific relief, either total closure or specific restrictions, being requested.

(c) Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition and the hearing.

(d) The agent of the petitioners shall have the following responsibilities, including:

(1) Providing information concerning the hearing to other residents or property owners in the town or towns where the lake, pond or river is located;

(2) Assisting the department in locating a building where the public hearing may be held; and

(3) Responding to press inquiries.

(e) All petitions pursuant to RSA 270:74-a shall be submitted to:

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, New Hampshire 03305

(f) The commissioner shall accept amendments to the petition pursuant to RSA 270:74-a, when offered by the original petitioners. Said amendments shall be accepted at any time prior to the close of any hearing held pursuant to RSA 270:74-a or extension thereof, unless the commissioner determines that the amendment enlarges the scope of the hearing. If an amendment to a petition enlarges the scope of the hearing, the scheduled hearing shall be completed, a decision shall be issued and a new hearing shall be scheduled on the amended petition, if evidence has been submitted that justifies another hearing.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 411.02 Scheduling of Hearings {#sec-saf-c-411.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.02}

(a) Upon receipt of a petition pursuant to RSA 270:74-a and these rules, the commissioner shall review said petition for compliance with these rules. If the commissioner determines that the petition is in compliance with these rules he or she shall, as soon as practicable, schedule a public hearing pursuant to RSA 270:74-a. If said petition is determined to be incomplete, he or she shall promptly return said petition to the first named petitioner, along with a statement as to the corrective action necessary to be in compliance with these rules.

(b) In scheduling a hearing pursuant to these rules, the commissioner shall give preference to those lakes, ponds or rivers set forth in 1989, 409:3.

(1) If 2 or more petitions are received by the bureau of hearings at the same time, the petitions shall be reviewed by the commissioner to determine if any petition pertains to a lake, pond or river set forth in 1989, 409:3; and

(2) If one of the petitions pertains to a lake, pond or river set forth in 1989, 409:3, it shall be scheduled for a public hearing before a petition for a lake, pond or river not set forth in 1989, 409:3, is considered.

(d) In scheduling a hearing pursuant to these rules, the commissioner shall, as far as is practicable, conduct said hearing in or near a town where the subject lake, pond or river is located.

(e) Any hearing scheduled pursuant to these rules shall, as far as is practicable, be conducted at a time that is convenient to members of the public.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 411.03 Notice of Hearing {#sec-saf-c-411.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.03}

(a) The commissioner shall mail a notice of hearing to the first named petitioner who signed the petition pursuant to RSA 270:74-a. The first named petitioner shall notify the other named petitioners and the town or city clerk(s) of any town or city where the lake, pond or river is located. If the first named petitioner wishes to submit a report to the commissioner, he or she shall do so prior to or at the scheduled public hearing.

(b) The commissioner shall inform the general public of any hearing to be held pursuant to RSA 270:74-a. Such means shall include the distribution of press releases to print and electronic media.

(c) The notice of hearing required in (a) above shall, absent unusual circumstances, be mailed no later than 10 calendar days prior to the date of the hearing.

(d) For the purposes of (c) above, “unusual circumstances” shall include but not be limited to:

(1) A specific feature of a lake, pond or river that requires an immediate response;

(2) An immediate safety hazard; or

(3) Receipt of multiple petitions for a lake, pond or river in which one hearing would be sufficient for all petitioners.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 411.04 Conduct of Hearings {#sec-saf-c-411.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.04}

(a) All hearings shall be held pursuant to RSA 270:74-a and these rules.

(b) Each person who wishes to speak at a public hearing held pursuant to RSA 270:74-a shall state his or her full name and address before making comments. Each person who wishes to speak at a public hearing shall print their name and address on a form provided by the commissioner in order to be recognized to speak.

(1) Limit the length of any public hearing held pursuant to RSA 270:74-a;

(2) Limit the time allocated to any speaker if doing so would allow testimony from as many persons as is practicable; and

(3) Limit or prohibit any repetitive, redundant, irrelevant, profane or vulgar testimony.

(d) All comments presented at any public hearing held pursuant to RSA 270:74-a shall be relevant to the factors set forth in RSA 270:74-a, III(a)-(g). The petitioner's standard of proof shall be by a preponderance of evidence.

(e) The commissioner shall accept written comments in lieu of or in addition to oral testimony. The record of any hearing held pursuant to RSA 270:74-a shall be held open for 5 calendar days subsequent to the hearing in order to accept written comments. Written comments shall be forwarded to:

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, New Hampshire 03305

(f) Any marine patrol officer of the division shall, upon the request of the commissioner, give technical and/or factual information pertaining, but not limited to the following:

(1) Size of lake, pond or river, in acres;

(2) Number of complaints concerning ski craft and the particular lake, pond or river;

(3) Traffic on the particular lake, pond or river;

(4) Average water depth;

(5) Number of reported accidents; and

(6) Number of citations/violations issued on the particular lake, pond or river.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 411.05 Decision {#sec-saf-c-411.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.05}

(a) The commissioner shall issue a decision within 30 days after the completion of the hearing held pursuant to RSA 270:74-a.

(b) The commissioner’s decision shall be in writing and shall set forth with particularity the reasons for granting or denying the requested relief, along with the information in the record that provides factual support for that reasoning.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 411.06 Motion for Rehearing {#sec-saf-c-411.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 411.06}

(a) Any person aggrieved by a decision regarding any lake, pond or river may file a motion for rehearing within 30 days from the date of issuance of the decision, setting forth every perceived error or omission set forth in the decision. The filing of a motion for rehearing shall be necessary in order to obtain judicial review of a decision pursuant to RSA 270:74-a, VI and RSA 541:6.

(b) A motion for rehearing shall be submitted to the bureau of hearings. The petitioner shall also serve copies of the motion for rehearing upon all persons who provided written or oral comments at the hearing. Any person served a copy of a motion for rehearing shall have 10 calendar days to file an objection to the motion with the bureau of hearings.

(c) Upon receipt of a motion for rehearing and any objection thereto, the commissioner shall review the entire record and decide whether the motion should be granted in whole or in part. A motion for rehearing shall be granted if it demonstrates that the agency’s decision is unlawful, unjust or unreasonable.

(d) Any person aggrieved by the decision may seek a further appeal pursuant to RSA 541.

History

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

Part Saf-C 412 Petitions to Require Permits Hearings

N.H. Code Admin. R. Ann. Saf-C 412.01 Request for Hearing {#sec-saf-c-412.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 412.01}

Any group of 25 or more residents or property owners of each affected town or town in which a lake, pond, or river is located, pursuant to RSA 270:61-a, may petition the commissioner for a hearing to determine whether the public interest requires the use of mooring permits.

History

(See Revision Note #2 at chapter heading) #9544, eff 9-15-09

N.H. Code Admin. R. Ann. Saf-C 412.02 Scheduling of Hearing {#sec-saf-c-412.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 412.02}

The commissioner shall schedule a hearing within a reasonable period of time, but in no event more than 60 calendar days after the date he received the request. The commissioner shall provide at least 7 calendar days advance notice of the hearing. The hearing shall be held in a town in which the body of water under consideration is located, or in a contiguous town.

History

(See Revision Note #2 at chapter heading) #9544, eff 9-15-09

N.H. Code Admin. R. Ann. Saf-C 412.03 Conduct of Hearing {#sec-saf-c-412.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 412.03}

(a) The commissioner or his designee shall conduct the hearing as follows:

(1) The commissioner/designee shall explain the purpose of the hearing, including:

a. The request made by the petitioners; and

b. The commissioner's authority under RSA 270:61-a to make rules regarding the requirement of mooring permits on the body of water;

(2) The commissioner/designee shall state that written comments shall also be accepted and considered. The commissioner/designee shall provide the address to which written comments may be sent and the date by which comments shall be received in order to be considered. Such date shall be 7 calendar days after the date of the hearing;

(3) The commissioner/designee shall request that all persons who wish to speak at the hearing sign a sign-up sheet provided by the commissioner/designee. This shall not bar any late arrivals from speaking if they do desire;

(4) The order in which persons speak shall be the same order in which their names appear on the sign-up sheet provided, however, that persons who wish to speak out of order shall be allowed to do so unless there is an objection by another speaker; and

(5) After all speakers have been heard, the commissioner/designee shall:

a. Establish a date by which the commissioner shall make a determination on whether to adopt rules pursuant to the authority granted by RSA 270:61-a;

b. State the means by which interested persons shall be informed of the commissioner's determination; and

c. Inform those present at the hearing that another opportunity for public comment will be possible, under RSA 541-A, if any rulemaking action is taken.

History

(See Revision Note #2 at chapter heading) #9544, eff 9-15-09

N.H. Code Admin. R. Ann. Saf-C 412.04 Criteria for Review {#sec-saf-c-412.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 412.04}

(a) The commissioner shall, after the hearing, adopt rules of the type authorized by RSA 270:61-a if it appears that, consistent with RSA 270:61-a, the public interest requires the use of mooring permits on the body of water.

(b) In determining whether to adopt such rules the commissioner shall consider the factors set forth in RSA 270:61-a.

History

(See Revision Note #2 at chapter heading) #9544, eff 9-15-09

Any person convicted of violating a law or rule as set forth in RSA 270:46-a, shall pay an administrative penalty of $200 to the department, which shall be in addition to any other penalty imposed.

History

#4715, eff 12-5-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.01); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 413.02 Boat Safety Course {#sec-saf-c-413.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 413.02}

Any person who pays the administrative penalty set forth in Saf-C 412.01, and completes an approved boat safety course within 6 months of the date of conviction, shall receive a $200 refund from the division.

History

#4715, eff 12-5-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.02); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 413.03 Refund Procedure {#sec-saf-c-413.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 413.03}

(a) A person shall be sent a blank certificate of course completion along with the notice of the requirement for a $200 administrative penalty, pursuant to RSA 270:46-a.

(b) Any person who has completed an approved boat safety course within 6 months of the date of conviction, shall forward a certificate of course completion issued by the course instructor along with a letter to the director.

(1) Name;

(2) Current mailing address;

(3) Name of organization that conducted the course;

(4) Title of the course;

(5) Date the course was completed; and

(6) Date the person was notified by the state of New Hampshire to pay the $200 administrative penalty.

(d) Upon receipt of the information set forth in (c) above, the division shall send a check, in the amount of $200, to the person who was required to pay the administrative penalty.

History

#4715, eff 12-5-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.03); ss by #10293, eff 3-20-13

Part Saf-C 414 Water Event and Slalom Course Permits

N.H. Code Admin. R. Ann. Saf-C 414.01 Permits, When Necessary {#sec-saf-c-414.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 414.01}

(a) Pursuant to RSA 270-D:4, a person shall obtain a permit from the commissioner to engage in the following activities:

(1) Waterski slalom;

(2) Waterski jump;

(3) Fishing tournament or derby;

(4) Waterski show;

(5) Boat races;

(6) Boat parade;

(7) Parasailing; or

(8) Other water event.

(b) An application for a permit shall be obtained by calling the division at (603) 293-0091 or in writing to the following:

Department of Safety

Bureau of Marine Patrol

31 Dock Road

Gilford, NH 03249-7627

History

#5448, eff 8-24-92; amd by #5862, eff 7-1-94; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.01); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 414.02 Water Event or Slalom Course Permit Application {#sec-saf-c-414.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 414.02}

(a) An applicant for a permit to conduct a water event or slalom course shall provide the commissioner with the following:

(1) Name, address, date of birth, telephone number and cellular telephone number, if available, of the applicant;

(2) The type of water event;

(3) The name of the water event, if applicable;

(4) The name of the public water on which the water event will be conducted;

(5) The name of the town or city where the public water is located;

(6) The date(s) the water event will be conducted;

(7) The start and end time of the water event each day it is conducted;

(8) A brief description of the water event;

(9) The number of participants in the water event;

(10) A map or sketch of the water event area, including the direction "north" as a reference; and

(11) Signature of the applicant and date signed.

History

#5448, eff 8-24-92; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.02); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 414.03 Permit Applications {#sec-saf-c-414.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 414.03}

(a) A completed permit application shall be mailed or hand-delivered to the department of safety, marine patrol bureau, 31 Dock Road, Gilford, New Hampshire 03249-7627.

(b) An incomplete permit application shall be returned to the applicant, along with a letter of explanation. The applicant may resubmit the permit application once completed.

History

#5448, eff 8-24-92; amd by #5862, eff 7-1-94; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.03); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 414.04 Permit Application Approval {#sec-saf-c-414.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 414.04}

(a) Upon receipt of a permit application, the commissioner shall consider the following when determining whether to approve or deny a permit:

(1) The size of the public water;

(2) Boating traffic volume;

(3) Type(s) of boating permitted on the public water;

(4) Depth of the public water;

(5) Any underwater obstacles that present dangers to participants in the water event;

(6) Swim areas, rafts and beaches located near the proposed water event;

(7) Any speed or horsepower restrictions on the public water;

(8) Any restrictions set forth in Saf-C 5100 or Saf-C 403 through Saf-C 408 regarding the ecology or environment of the public water; and

(9) Accident statistics for the public water, if any.

(b) After considering the factors set forth in (a) above, the commissioner shall approve the permit application if he determines that in doing so the water event will not jeopardize:

(1) Public safety;

(2) The environment or water quality; or

(3) Threatened and endangered species.

History

#5448, eff 8-24-92; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.04); ss by #10293, eff 3-20-13

N.H. Code Admin. R. Ann. Saf-C 414.05 Permit Application Denial {#sec-saf-c-414.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 414.05}

(a) If a permit application is denied by the commissioner, he/she shall notify the applicant, in writing, of the reason(s) for the denial.

History

#5448, eff 8-24-92; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
#7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
#8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.05); ss by #10293, eff 3-20-13

Part Saf-C 415 Rental Agent Registrations

N.H. Code Admin. R. Ann. Saf-C 415.01 Person {#sec-saf-c-415.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.01}

“Person” as used in this part, shall mean “person” as defined in RSA 21:9.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.01); ss by #12066, eff 12-19-16

N.H. Code Admin. R. Ann. Saf-C 415.02 Scope {#sec-saf-c-415.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.02}

This part shall not apply to those motorboats that are included as part of the rent or lease of real property.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.02); ss by #12066, eff 12-19-16

N.H. Code Admin. R. Ann. Saf-C 415.03 Rental Agent Registration {#sec-saf-c-415.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.03}

(a) Pursuant to RSA 270-E:24, any person who rents or leases a motorboat to another person shall first register as a rental agent with the department.

(b) Rental agent registration shall be required on an annual basis.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.03); ss by #12066, eff 12-19-16

N.H. Code Admin. R. Ann. Saf-C 415.04 Rental Agent Registration Application/Permit Forms {#sec-saf-c-415.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.04}

(a) “Rental Agent Registration Application/Permit” forms, DSSS 114 effective November 2016, may be obtained by writing or calling the department of safety, division of state police, marine patrol unit, 31 Dock Road, Gilford, NH 03249-7627, (603) 293-2037.

(b) An applicant shall submit the completed “Rental Agent Registration Application/Permit” form, DSSS 114, effective November 2016, and the registration fee to the division of safety services.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.04); ss by #12066, eff 12-19-16

N.H. Code Admin. R. Ann. Saf-C 415.05 Rental Agent Safety Certificate {#sec-saf-c-415.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.05}

(a) Upon receipt of a completed registration application and payment of the fee, the division shall issue to the rental agent its rental agent safety certificate.

(b) A rental agent safety certificate shall expire on December 31 of the year in which it is issued.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.05); ss by #12066, eff 12-19-16

N.H. Code Admin. R. Ann. Saf-C 415.06 Revocation of Rental Agent Safety Certificate {#sec-saf-c-415.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 415.06}

(a) The commissioner shall revoke a rental agent safety certificate, after notice and an opportunity for a hearing, upon a finding that a rental agent has:

(1) Rented or leased a motorboat to any other person without complying with the requirements of RSA 270-D:2-c;

(2) Rented or leased a motorboat to any person who has not provided proof to the rental agent of having met the requirements of RSA 270-D:10; or

(3) Rented or leased a motorboat that is unsafe to any other person.

(b) For the purposes of (a)(3) above, there shall be a rebuttable presumption that a rented or leased motorboat is unsafe if it fails to comply with applicable laws or rules, including part Saf-C 403 of this chapter.

History

(See Revision Note #1 at chapter heading) #9211, eff 7-21-08; (See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 414.06); ss by #12066, eff 12-19-16

Part Saf-C 416 Assisted Lake Protection

N.H. Code Admin. R. Ann. Saf-C 416.01 Purpose {#sec-saf-c-416.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.01}

(a) The purpose of Saf-C 416 is to fulfill the department’s obligations pursuant to RSA 270:1, including:

(1) Protection of public safety and property;

(2) Supervision of the safety of navigation and aids to navigation;

(3) Maintenance of residential, recreational, and scenic values which New Hampshire public waters provide to residents of the state;

(4) Promotion of the state’s tourist industry;

(5) Consideration of the special uses appropriate to the state’s lakes;

(6) Protection of the environment and water quality; and

(7) Protection and nurturing of the state’s threatened and endangered species.

(b) It is the intent of Saf-C 416 to provide the department with an additional means for fulfilling its obligations as stated in RSA 270:1, and its obligations under RSA 270:11, I(b) to monitor the operation of boats used on the public waters of the state.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.01); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.01); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.02 Petition for Assisted Lake Protection {#sec-saf-c-416.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.02}

(a) Any lakes association with 25 or more members, or group of 25 or more residents or property owners in a town or towns in which a lake is located, may petition the commissioner to designate that lake for assisted protection, including an order specifying how the petitioners or the lake association which they represent may, consistent with applicable law, assist the department in the department’s efforts to regulate the operation of boats on the subject lake as specified in Saf-C 416.08.

(b) Petitions shall be submitted to the commissioner, NH Department of Safety, 33 Hazen Drive, Concord, NH, 03305.

(1) The signatures of 25 residents or property owners in the town or towns in which the lake is located;

(2) The printed or typed name, address, and telephone number of each of the petitioners;

(3) The name and location of the lake which is the subject of the petition, a detailed map of the lake and, if available, a navigational chart of the lake;

(4) A statement of how the petitioners propose to assist the department, consistent with applicable law, in the department’s efforts to enforce the provisions of law and departmental rules identified in Saf-C 416.08, including:

a. A statement specifying the reasons that the petitioners believe that the purposes of RSA 270 would be served by the proposal set forth in the petition; and

b. A discussion of the criteria in Saf-C 416.07 that the commissioner should consider when determining whether to designate the lake as subject to assisted lake protection;

(5) A statement of how petitioners will support assisted lake protection, stating with particularity, the following:

a. The names and addresses of the adult volunteers who will support assisted lake protection, and the manner in which they will do so, either as:

i. Volunteer members of the marine patrol auxiliary appointed by the commissioner in the manner permitted by RSA 270:12-c;

ii. Private volunteers, either as members of a lakes association or otherwise, trained pursuant to the training program for volunteer members of lakes associations and other interested persons, as described in Saf-C 416.09(c) and Saf-C 416.10; or

iii. Or through some other means or capacity specified in the petition;

b. The equipment or other resources that the petitioners will provide to support assisted lake protection, including a description of the communications equipment to be provided for use in communicating with the marine patrol or auxiliary marine patrol;

c. The education and training that the petitioners, other volunteers named in the petition, or designated members of the petitioners’ lake association are willing to engage in order to provide volunteer assistance if the lake is designated for assisted protection, including a description the number of such individuals who have committed to be trained as volunteer members of the marine patrol auxiliary or to become certified as trained volunteers through the training program described in Saf-C 416.09(c) and Saf-C 416.10 ; and

d. Any other means by which petitioners will support assisted lake protection;

(6) Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition; and

(7) The petitioner designated in (6) above, shall perform the following duties, if requested to do so by the commissioner or designee:

a. Provide residents or property owners in the town or towns where the lake is located with information concerning the petition;

b. Assist the commissioner or designee in locating a building where a public hearing can be held; and

c. Act as public relations contact with regard to the petition, including responding to press inquiries concerning the petition, after consultation with the department.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.02); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.02); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.03 Scheduling of Hearings {#sec-saf-c-416.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.03}

(a) Not later than 30 days after the receipt of a petition pursuant to these rules, the commissioner or a designee shall review the petition for compliance with these rules.

(b) If the commissioner or designee determines that the petition complies with these rules, the petition shall be accepted.

(c) If the commissioner or designee determines that the petition is not in compliance with these rules, it shall be returned to the first named petitioner, along with a statement as to the corrective action required for compliance with these rules.

(d) The commissioner or designee shall schedule a public hearing to occur not later than 30 days after acceptance of a petition, unless the commissioner determines that the action requested by the petition requires compliance with RSA 270:12, in which case the hearing shall be scheduled and noticed in a manner that complies with RSA 270:12.

(e) The public hearing shall be held in a town in which the lake is located.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.03); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.03); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.04 Notice of Hearings {#sec-saf-c-416.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.04}

(a) The department’s notice of hearing shall include the following information:

(1) The date and time of the hearing;

(2) The location of the hearing;

(3) The name of the lake being considered for designation; and

(4) A statement that the purpose of the hearing is to determine whether the lake should be designated under these rules for assisted lake protection.

(b) The commissioner or designee shall forward notice of any public hearing under these rules to:

(1) The petitioners designated by Saf-C 416.02(c)(6) and (7);

(2) The town or city clerk for any town or city in which the lake is located; and

(3) The person who submitted a petition that was granted, if the hearing is to determine whether the grant of the original petition should be repealed.

(1) Publishing notice in a paper of statewide circulation; and

(2) Issuing press releases to print and electronic media.

(d) The notices and press releases required by this rule shall be mailed no later than 10 days prior to the date of the hearing.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.04); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.04); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.05 Conduct of Hearings {#sec-saf-c-416.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.05}

(a) At the hearing, the commissioner or designee shall explain the purpose of the hearing, including the request made by the petitioners.

(b) The commissioner or designee shall notify attendees how to submit written comments as specified in Saf-C 416.05(g).

(c) The commissioner or designee shall instruct all persons who wish to speak at the hearing to print their name and address on a sign-up sheet provided by the commissioner or designee, and that the order of speakers shall be the same order in which names are printed on the sign-up sheet.

(d) Each person testifying at a hearing shall begin his or her testimony by stating his or her full name and address.

(e) After all speakers have been heard, the commissioner or designee shall state:

(1) The anticipated date by which the commissioner shall make a decision on the petition that is the subject of the hearing, not later than 30 days after the completion of the hearing; and

(2) The means by which interested persons shall be informed of the commissioner’s decision.

(f) Subject to the laws governing the department, the commissioner or designee shall:

(1) Limit the length of any hearing;

(2) Limit the time allocated to any witness if doing so would facilitate hearing testimony from as great a number of persons as is practicable; and

(3) Limit or prohibit testimony if the testimony becomes repetitive, redundant, irrelevant, profane, or vulgar.

(g) The commissioner or designee shall accept written testimony in lieu of or in addition to oral testimony. For the purposes of accepting written testimony, the record of any hearing shall be held open for 7 days subsequent to said hearing.

(h) Written testimony submitted subsequent to the hearing shall be forwarded to the:

Commissioner

Department of Safety

33 Hazen Drive

Concord, New Hampshire, 03305, or

Hearings@dos.nh.gov

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.05); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.05); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.06 Decision {#sec-saf-c-416.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.06}

(a) The commissioner shall issue a decision on a petition, based on the commissioner’s consideration of the criteria set forth in Saf-C 416.07, within 60 days after the completion of the hearing held pursuant to these rules.

(b) The decision regarding any petition pursuant to these rules shall be in writing and shall include findings of fact and rulings of law.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.06); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.06); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.07 Criteria for Evaluating a Petition {#sec-saf-c-416.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.07}

(a) A petition shall be granted if the commissioner determines, after reviewing the factors in (b), that the petition is in the public interest and fulfills the purpose of law as specified by RSA 270:1.

(b) The commissioner shall consider the following factors when determining whether a petition is in the public interest:

(1) The type and amount of lake access;

(2) Public safety concerns of current lake users;

(3) The impact of granting the petition on:

a. Residential value;

b. Recreational value; and

c. Scenic value;

(4) How granting the petition could promote the tourist industry;

(5) Water quality;

(6) Threatened and endangered species;

(7) The ability and willingness of petitioners, the lake association represented by the petitioners, or others to support assisted lake protection, based on the information set forth in the petition as required by Saf-C 416.02(c)(5);

(8) Competing uses;

(9) Benefits for all users;

(10) Special uses appropriate to the lake;

(11) Protection of environment, shoreline, and wildlife;

(12) The size of the lake including surface area and depth of water;

(13) Amount of waterborne traffic;

(14) The size and characteristics of the lake for which the designation is being considered;

(15) The amount of enforcement activity including complaints, warnings, summonses, and reported accidents; and

(16) Any other issues relevant to the use of the lake.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.07); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.07); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.08 Effect of Designation for Assisted Lake Protection {#sec-saf-c-416.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.08}

(a) If the commissioner grants a petition to designate a lake for assisted protection, the order granting the petition shall:

(1) Set the conditions under which the commissioner is granting the petition based on the information provided by the petitioners as specified in Saf-C 416.02(c);

(2) Specify the manner in which assisted protection shall be implemented by the department;

(3) State which of the laws or department rules summarized in Saf-C 416.08(d) below are to be addressed by the department as part of the assisted protection order; and

(4) State the manner in which the petitioners and other volunteers identified by the petitioners will be required or permitted to assist the department in implementing assisted protection on the lake.

(b) If the petitioners expressly request a hearing under RSA 270:12 as part of their petition, and the request is duly noticed and conducted in the manner required by RSA 270:12, the commissioner shall, if in compliance with Saf-C 409, as part of the order granting assisted lake protection, specify speed limits, horse-power limits, and restrictions on water-skiing and tubing to specified areas or particular time periods of the day.

(c) The commissioner shall condition the granting of a petition on petitioners doing one or more of the following, either individually or acting through their lakes association(s):

(1) Providing a specified number of individuals who will become volunteer members of the marine patrol auxiliary and provide service in such capacity on the designated lake during time periods specified by the commissioner;

(2) Providing a specified number of volunteers who shall be certified under the training program specified in Saf-C 416.09(c) prior to serving as a volunteer, and who either as part of a lakes association or otherwise will agree to serve on the lake during periods specified by the commissioner as a “courtesy patrol” or in some other volunteer capacity specified by the commissioner;

(3) Providing such equipment, training and other resources as the commissioner indicates is necessary to implement the volunteer activities necessary to implement assisted lake protection;

(4) Requiring that volunteers certified under the training program specified in Saf-C 416.09(c) and Saf-C 416.10 procure and wear identifying clothing approved by the department when acting as volunteers on the lake; or

(5) Requiring that, to the extent practical, signs be posted at access points to the lake or other prominent locations stating that the lake has been designated by the department for assisted protection and indicating the extent to which volunteers will be available to assist boaters on the lake.

(d) The department’s order granting assisted lake protection shall indicate that the department will implement assisted protection in order to fulfill its obligations with respect to one or more of the following laws or rules:

(1) Those provisions of Saf-C 5100 regarding the waterbody in question and that addresses motor boat operators exceeding “no wake” limits, if any;

(2) Saf-C 403.05 regarding fire extinguishers;

(3) RSA 270-D:7 prohibiting the riding the gunwale of a boat or straddling its bow or transom;

(4) Saf-C 403.07 regarding approved flame arrestors;

(5) RSA 270-D:2, I regarding exceeding headway speed under bridges;

(6) RSA 270-E:3 regarding unregistered boats on state waters;

(7) RSA 270-D:2, regarding failure to yield right-of-way;

(8) RSA 270:30 regarding persons under 16 operating a boat having greater than 25 horsepower;

(9) RSA 270:33 regarding the improper use of an aquatherm;

(10) RSA 270:44 regarding rafting violations; RSA 270:11 and Saf-C 403.11 regarding motor boats improperly equipped with sound reducing devices;

(11) RSA 270-E:8 and the provisions of Saf-C 2306 regarding the improper display of registration;

(12) RSA 270:26, III regarding attaching boats to buoys or navigational aids;

(13) Saf-C 403.01 regarding required life preservers;

(14) Saf-C 403.12 regarding required lighting on boats;

(15) RSA 270-D:2, VI regarding unsafe passage at less than 150 feet;

(16) RSA 270:31 regarding use of diving flag when scuba diving;

(17) RSA 270:30-a regarding the transportation of a child under the age of 5 in a boat without the child wearing a life preserver;

(18) RSA 270-D:3 regarding water ski violations;

(19) RSA 270-D:5 regarding overloading;

(20) RSA 270:37 regarding noise level testing and requirements;

(21) RSA 482-A:12 regarding construction projects in wetlands without posted wetlands permit;

(22) RSA 163-B regarding depositing litter in public waters; and

(23) RSA 270:29-a regarding the operation of a motor boat in a careless or negligent manner, or in a manner that the lives and safety of the public are endangered.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.08); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.08); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.09 Training and Activities of Volunteers {#sec-saf-c-416.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.09}

(a) In order to facilitate the implementation of assisted protection, petitioners may offer to the department, as part of their petition as specified in Saf-C 416.02(c)(5)a., volunteers trained and certified under Saf-C 416.09(c) and Saf-C 416.10.

(b) In addition, petitioners, if members of a non-profit entity which is entitled to the limitations on liability provided to non-profit organizations under RSA 508:17, shall take the steps required by RSA 508:17 to obtain such limitations on liability for the benefit of their members who serve as volunteers on the lake in connection with the assisted lake protection program on a lake.

(c) A person, either individually, or as part of a lake association, shall participate in a training course described in Saf-C 416.10, for the purpose of receiving volunteer training to understand the requirements of New Hampshire law with regard to navigational safety, safe boat operations, boating equipment and safety, and environmental issues affecting lakes.

(d) The training course in (c), above, may be provided directly by the department or through private courses offered by private instructors approved by the commissioner as specified in Saf-C 416.10.

(e) A person shall be certified under this rule prior to engaging in any assisted lake protection volunteer activities.

(f) Each person who completes the course offered by the department or by a private instructor approved by the department shall be issued a certificate of completion in the form specified in Saf-C 416.10.

(g) Such certified volunteers shall, to the extent practical, inform the marine patrol or auxiliary marine patrol of the times and dates that they plan to perform volunteer activities on a lake, either by providing schedules to the marine patrol bureau or by informing the marine bureau by telephone, radio, or otherwise that they are engaged in volunteer activities.

(h) If a certified volunteer relays information under Saf-C 416.09(l) to the marine patrol bureau, a marine patrol officer, or member of the marine patrol auxiliary, the marine patrol bureau, marine patrol officer, or member of the marine patrol auxiliary shall, as promptly as possible, respond to the information provided by the certified volunteer, and where appropriate provide assistance.

(i) Certified volunteers shall not stop, board, or detain other vessels.

(j) If approached by other boaters who request assistance, certified volunteers shall assist in contacting a marine patrol officer or auxiliary marine patrol officer for guidance, if practical to do so. If volunteers certified under the training program described in (c) above are approached by a boat, they shall identify themselves as having been so certified, and may offer to provide a courtesy boating safety and education check.

(k) If an operator fails any such check, the certified volunteers shall provide the operator with information concerning how to learn more about boating operations and safety, including but not limited to available written materials on navigational rules and boating safety, and classes on navigation and boating safety.

(l) Such certified volunteers, when engaged in volunteer activities on the lake, shall be trained to exercise discretion when observing and relaying information to the marine patrol bureau, or available marine patrol officers and auxiliary marine patrol officers concerning the following:

(1) Boating traffic conditions and any problems observed with regard to such boating traffic conditions;

(2) All violations, as outlined in the NH Boater's Guide, and any other boating activities prohibited by New Hampshire law;

(3) Any missing navigational markers, light buoys, and signs, upon becoming aware of their being missing;

(4) Any observed dumping or pumping of gray water and human waste into public waters in violation of RSA 487:1 through 14, or other applicable law, as well as other forms of pollution prohibited by law so that the marine patrol bureau can further investigate and if necessary, report these violations to the appropriate agency;

(5) Any observed violations of New Hampshire law pertaining to wildlife conservation so that the marine patrol bureau can further investigate and if necessary, report these violations to the appropriate agency; and

(6) The location of exotic weeds such as milfoil, and spillage of petroleum, observation of such items in the water, and on boats and trailers shall, where practical, be reported with boat bow numbers if possible.

(m) Volunteers may also:

(1) Record and report to the marine patrol bureau the accurate location of navigational aids using global positioning satellite coordinates; and

(2) Distribute NH Boater’s Guides, boating education information, or other safety and boating related materials.

(n) The “N.H. Boater’s Guide” referenced in (l)(1) and (m)(2), above, means the publication provided by the department pursuant to RSA 270-D:2-a and b, that is a compilation of safe boating information including vessel registration, safety equipment, boating regulation, navigational rules, and aquatic safety.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.09); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.09); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.10 Certification of Volunteers {#sec-saf-c-416.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.10}

(a) Volunteers who wish to be certified by the department shall complete the training program specified in this rule.

(b) At a minimum, training courses shall provide instruction on the following topics:

(1) Safe boating practices, including boating laws and rules;

(2) Required boat equipment;

(3) Navigational aids, including global positioning satellite mapping techniques;

(4) Boat registration;

(5) Environmental and wildlife conservation issues;

(6) Effective observation and communication techniques;

(7) Public relations; and

(8) The role of the volunteer in the assisted lake protection program.

(c) Any private entity may make application to the commissioner for approval to provide volunteer training sessions by sending the information in (d) below to the:

Commissioner

Department of Safety

33 Hazen Drive

Concord, NH 03305

(d) Applications pursuant to (c) above shall include:

(1) The name, address, and phone number of the applicant;

(2) An outline of the training curriculum, that includes at a minimum the topics listed in (b), above;

(3) A description of the applicant’s previous training experience, including relevant education and boating experience;

(4) The community in which the applicant plans to provide training sessions; and

(5) Signed by the private entity making application.

(e) The commissioner shall approve the application if:

(1) The curriculum meets the criteria in (b); and

(2) The applicant has demonstrated training and a minimum of 5 years of boating experience to effectively train volunteers.

(f) Upon complaint, the commissioner shall rescind approval for the private entity if it is determined, after investigation and an opportunity for a hearing, that the private entity is not providing the training specified in (b).

(g) A person shall receive a certificate of completion from the course provider, a copy of which shall be sent to the division of safety services, marine patrol bureau, Dock Road, Glendale, NH 03247, by the training provider.

(h) The certificate in (g) shall include the:

(1) Name of the person completing the training;

(2) Date of training; and

(3) Name of training provider.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.10); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.10); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.11 Removal of Enhanced Protection Designation {#sec-saf-c-416.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.11}

(a) Any decision granting a petition to designate a lake for assisted lake protection under these rules shall be issued subject to repeal if the commissioner determines that the petitioners have failed to meet their commitment to support assisted lake protection in the manner set forth in their petition.

(b) Any group of 25 or more residents or property owners in a town or towns in which a lake is located may file a petition requesting that the commissioner repeal a decision making assisted protection provisions set forth in Saf-C 416.08 applicable to a lake.

(1) The signatures of 25 residents or property owners in the town or towns where the lake is located;

(2) The printed or typed name, address, and telephone number of each of the petitioners;

(3) The name and location of the lake which is the subject of the petition, a detailed map of the lake, and if available, a navigational chart of the lake; and

(4) The petitioner’s reasons for requesting that the decision to designate the lake subject to enhanced protection standards be repealed.

(d) Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition.

(e) After receiving the petition, the commissioner shall:

(1) Schedule a hearing pursuant to the procedure specified in Saf-C 416.03;

(2) Give notice of such hearing pursuant to the procedure specified in Saf-C 416.04;

(3) Conduct the hearing pursuant to the procedure specified in Saf-C 416.05; and

(4) Determine whether to grant or deny it pursuant to the procedure specified in Saf-C 416.06.

(f) If the commissioner determines that the petition to repeal the order designating the lake for assisted protection should be granted, the commissioner shall give notice of the decision in the manner specified in Saf-C 416.04.

(g) The commissioner shall grant the petition if she or he determines, after receipt of public testimony, that the original petitioners have failed to meet the requirements of the petition or the purposes of the original petition have not been fulfilled.

(h) The commissioner shall not grant any petition to repeal a decision under these rules unless it is filed more than one year after the effective date of the rule, or more than one year after the commissioner’s decision granting the petition that is the subject of the repeal effort, or more than one year after the date of the last petition seeking to repeal the decision.

History

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.11); EXPIRED: 7-25-08
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.11); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.12 Squam Lake and Little Squam Lake {#sec-saf-c-416.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.12}

(a) There shall be an assisted lake protection program for Squam Lake and Little Squam Lake.

(b) The Squam Lakes Association shall assist the department in fulfilling its obligations on Squam Lake and Little Squam Lake with regards to the enforcement of the following statutes and rules:

(1) Those provisions of Saf-C 5100, regarding the specific waterbody in question, and that addresses motor boat operators exceeding no wake limits, if any;

(2) RSA 270-D:2, I, regarding exceeding headway speed under bridges;

(3) RSA 270-E:3, regarding unregistered boats;

(4) RSA 270:44 regarding rafting violations;

(5) Saf-C 403.11 regarding motor boats equipped with sound reducing devices;

(6) RSA 270-E:8 and Saf-C 2306 regarding the improper display of registration;

(7) Saf-C 403.01, regarding required life preservers;

(8) Saf-C 403.12 regarding required lighting on boats;

(9) RSA 270-D:2, VI regarding unsafe passage at less than 150 feet;

(10) RSA 270:30-a regarding the transportation of a child under the age of 5 in a boat without the child wearing a life preserver;

(11) RSA 270-D:5 regarding overloading;

(12) RSA 163-B regarding depositing litter; and

(13) RSA 270:29-a regarding the operation of a motor boat in a careless or negligent manner, or in a manner that the lives and safety of the public are endangered.

(c) The manner in which assisted protection on Squam Lake and Little Squam Lake shall be implemented as set forth in the order of the department, dated January 29, 2001, as contained in Appendix I.

History

#7798, eff 12-3-02; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.12); (See Revision Note #2 at chapter heading) ss by #9544, eff 9-15-09 (formerly Saf-C 415.12); ss by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.01 Authorized Agent or Peace Office Report and Request for Hearing {#sec-saf-c-417.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.01}

History

#7286, eff 5-23-00; ss by #7534, eff 7-25-01; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.01 in Document #7534); EXPIRED 7-25-09
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.01); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.02 Review of Report {#sec-saf-c-417.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.02}

History

#7286, eff 5-23-00; ss by #7534, eff 7-25-01; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.02 in Document #7534); EXPIRED 7-25-09
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.02); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.03 Scheduling of Hearing {#sec-saf-c-417.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.03}

History

#7286, eff 5-23-00; ss by #7534, eff 7-25-01; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.03 in Document #7534); EXPIRED 7-25-09
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.03); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.04 Hearing {#sec-saf-c-417.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.04}

History

#7286, eff 5-23-00, EXPIRED: 5-23-08; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.04)
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.04); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.05 Decision {#sec-saf-c-417.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.05}

History

#7286, eff 5-23-00, EXPIRED: 5-23-08; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.05)
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.05); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 417.06 Report {#sec-saf-c-417.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 417.06}

APPENDIX I

DISPOSITION:

The Petition is granted. The Effect of Designation for Assisted Lake Protection pursuant to Sat-C 416.08 follows:

Date: 1/29/01_________________ ____________________________________________

Richard M. Flynn

Commissioner of Safety

History

#7286, eff 5-23-00, EXPIRED: 5-23-08; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 415.06)
(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.06); rpld by #12432, eff 12-11-17

N.H. Code Admin. R. Ann. Saf-C 416.08 The Effect of Designation for Assisted Lake Protection {#sec-saf-c-416.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 416.08}

It is hereby ordered that the Squam Lakes Association shall meet the conditions set forth within their accepted petition and by this order and in accordance with Saf-C 416.02(c) and shall remain until removal of such designation. The Petitioners shall assist the goals of the Department of Safety in educating the boaters who use Squam Lake and Little Squam Lake and to reinforce the purpose established within RSA 270:1. The Squam Lakes Association shall provide not less than ten (10) individuals who shall support assisted lake protection with voluntary members of the Marine Patrol Auxiliary. The auxiliary members shall assist the marine patrol officers assigned to Squam Lake and Little Squam Lake during daylight hours, between the hours of 10 a.m. and dusk, on Saturday, Sunday and any state or federal holidays that are observed on a Friday or Monday. The assignments shall commence from the beginning of the weekend of Memorial day, through and including the Labor Day weekend each year. The Squam Lakes Association shall determine specific terms of assignment of volunteer Marine Patrol Auxiliary to establish coverage for the hours and days scheduled.

The manner in which assisted protection shall be implemented by the department; shall be set forth below in agreement with Saf-C 416.08(a)(2). The departments order granting assisted lake protection is summarized as a part of the assisted protection order and as set forth in the purpose listed within Saf-C 416.01. The purpose of this part is to fulfill the department's obligations pursuant to RSA 270:1, including:

(1) Protection of public safety and property;

(2) Supervision of the safety of navigation and aids to navigation;

(3) Maintenance of residential, recreational and scenic values which New Hampshire public waters provide to residents of the state;

(4) Promotion of the state's tourist industry;

(5) Consideration of the special uses appropriate to the state's lakes;

(6) Protection of the environment and water quality; and

(7) Protection and nurturing of the state's threatened and endangered species.

The Squam Lakes Association shall provide the department with an additional means for fulfilling its obligations as stated in RSA 270:1, and its obligations under RSA 270:11, I(b) to monitor the operation, of boats used on the public waters of the state, by providing a mechanism for responding to citizen petitions to interact with the department, on a volunteer basis, as part of a departmental plan to regulate the operation of boats on the lake that is the subject of the petition. In furtherance of this goal, in Saf-C 416.01(a) and Saf C 416.08 the department paraphrases or refers to certain provisions of New Hampshire law and department rules. The laws or department rules summarized are addressed within this order and described as follows:

RSA 270:11 and Saf-C 402 regarding motor boat operators exceeding "no wake" limits;

RSA 270-D:2, I regarding exceeding headway speed under bridges;

RSA 270-E:3 regarding unregistered boats on state waters;

RSA 270,44 regarding rafting violations; RSA 270:11 and Saf-C 403.11 regarding motor boats improperly equipped with sound reducing devices;

RSA 270-E:8 and the provisions of Saf-C 2304 regarding the improper display of registration

RSA 270:11 and Saf-C 403.01 regarding required life preservers;

RSA 270:11 and Saf-C 403.12 regarding required lighting on boats;

RSA 270-D: 2, VI regarding unsafe passage at less than 150 feet;

RSA 270:30-a regarding the transportation of a child under the age of 5 in a boat without the child wearing a life preserver;

RSA 270-D: 5 regarding overloading;

RSA 163-B regarding depositing litter in public waters; and

RSA 270:29-a regarding the operation of a motor boat in a careless or negligent manner, or in a manner which unreasonably or unnecessarily endangers life, wildlife, the environment, limb or property.

The volunteers, shall be certified under the training program specified in Saf-C 416.09(c) prior to serving as a volunteer, and who either as part of a lakes association or otherwise will agree to serve on the lake during the periods specified.

The Squam Lakes Association shall provide such equipment, training and other resources as the commissioner indicates is necessary to implement the volunteer activities necessary to implement assisted lake protection. As established within the petition, each boat shall be equipped with a VHF radio equipped with the proper frequency(s), and provide additionally two similarly equipped radios for the two Marine Patrol Officers assigned to the lakes. The Department of Safety shall require volunteer Marine Patrol Auxiliary members while on duty in such capacity to wear a uniform, only as designated and provided by the Department of Safety. Any boat used by a volunteer Marine Patrol Auxiliary member shall, while on duty, be equipped with a placard as designated and provided by the Department of Safety to identify the boat employed.

The volunteer Marine Patrol Auxiliary members shall be certified under the training program specified in Saf-C 416.09(c) and Saf-C 416.10. This shall be required prior to acting as volunteers on the lake to understand the requirements of New Hampshire law with regard to navigational safety, safe boat operations, boating equipment and safety, and environmental issues affecting lakes. Each person who completes the course offered by the department or by a private instructor approved by the department shall be issued a certificate of completion in the form specified in Saf-C 416.10.

The volunteer Marine Patrol Auxiliary members shall assist the department at public boat launches and any other launch sites to the extent practical assisting in courtesy boat inspections. Marine Patrol Auxiliary members shall not stop any boat; understand there is no power of arrest and no ability implied that a boat or the occupants may be detained.

The volunteer Marine Patrol Auxiliary members shall act as the 'eyes and ears' of the Department of Safety for the purposes outlined within the petition of the Squam Lakes Association and pursuant to the provisions of RSA 270:1 and RSA 270:11. This shall include speaking on the subject of boating safety to those who show an interest; issue boating safety information as provided by the Squam Lakes Association after approval by the Department of Safety or as provided by the department; and, assist boaters who seek directions and other general information.

The Squam Lakes Association, to the extent practical, shall provide or assist in signs being posted. The signs shall be located at access points to the lake or other prominent locations. The department prior to signs being posted shall approve the signs for content, size and location. The sign(s) shall state that the lake(s) have been designated by the department for assisted protection and indicating the extent to which volunteers will be available to assist boaters on the lake(s).

APPENDIX II

Recommended Uniform Fine Schedule.

(a) Upon conviction, the following fines are recommended for the corresponding violation:

(1) $55.00 fine for a conviction of violating:

a. RSA 270:11 and any provision in Saf-C 5100, exceeding a "no wake" limit;

b. RSA 270:11 and Saf-C 403.05, required fire extinguisher(s);

c. RSA 270-D:7, riding gunwale/straddling bow;

d. RSA 270:11 and Saf-C 403.07, no approved flame arrestor;

e. RSA 270-D:2,I, exceeding headway speed under bridges;

f. RSA 270-E:3, unregistered boat on state waters;

g. RSA 270-D:2,VIII, failure to yield right-of-way;

h. RSA 270:30, person under 16 operating a boat having greater than 25 horsepower;

i. RSA 270:33, improper use of aquatherm;

j. RSA 270:44, rafting violation;

k. RSA 270:11 and Saf-C 403.11, improperly equipped with sound producing devices; or

l. RSA 270-E:8 and any provision in Saf-C 2304, improper display of registration.

(2) $68.00 fine for a conviction of violating:

a. RSA 270:26,III, attaching boat to buoy or navigational aid;

b. RSA 270:ll and Saf-C 403.01, insufficient personal floatation devices;

c. RSA 270:11 and Saf-C 403.13, failure to display proper lighting;

d. RSA 270-D:2,VI, passage at less than 150 feet;

e. RSA 270:31, diving without or improper display of divers flag;

f. RSA 270:30-a, transporting child under 5 in a boat without the child wearing a floatation device;

g. RSA 270-D:3, water ski violations;

h. RSA 270-D:5, overloading;

i. RSA 270:74, improper operation of jet ski; or

j. RSA 270:32-a, dive flag infringement.

(3) $85.00 fine for a conviction of violating:

a. RSA 270:37, V, operating boat after 7 days of an order requiring noise level test;

b. RSA 270:37, VI, operating boat after having failed a noise level test;

c. RSA 482-A:12, construction project in wetlands without wetlands permit posted; or

d. RSA 163-B:3, depositing litter in public waters.

(4) $60.00 fine for a conviction of violating RSA 270:11 and Saf-C 404.11, wake jumping.

APPENDIX III

RULE

STATUTE

Saf-C 401

RSA 541-A:7

Saf-C 402 (Moved to Saf-C 5102)

Saf-C 403.01-403.21

RSA 270:11, I(a)

Saf-C 403.22

RSA 270:11, I(a) & (b); RSA 270:12-d, I-III

Saf-C 403.23

RSA 270:37-40

Saf-C 403.24

RSA 270:37

Saf-C 403.25

RSA 270:D:6

Saf-C 404.01-404.06

RSA 270:11, I(b)

Saf-C 404.07

RSA 270-1-a, I and RSA 270:11, I(b)

Saf-C 404.08 and Saf-C 404.09

RSA 270:11, I(a) and (b); RSA 270:26; RSA 270:43;

RSA 541-A:19-b

Saf-C 404.10- Saf-C 404.12

RSA 270:11, I(b)

Saf-C 405.01- Saf-C 405.04

RSA 270:11, I(b)

Saf-C 406

RSA 270:12-a, III

Saf-C 407.01- Saf-C 407.02

RSA 270:11, I(a) and (b); RSA 270:43, I(a); RSA 270:44

Saf-C 407.03 – Saf-C 407.04

RSA 270:43, I(a)

Saf-C 407.03(a) intro. & (a)(7)

RSA 270:43, I(a) & (b)(2)

Saf-C 407.03(c)

RSA 270:43, I(a) and (b)(2)

Saf-C 408.01

RSA 270:61, I

Saf-C 408.02

RSA 541-A:7

Saf-C 408.03

RSA 270:64, I

Saf-C 408.04 - 408.05 & 408.06(a)

RSA 270:61, I

Saf-C 408.06 (b), 408.07 & 408.08

RSA 541-A:19-b

Saf-C 408.09 - 408.10

RSA 270:66

Saf-C 408.11(a)-(b) & (e)-(f)

RSA 270:71, I(g)

Saf-C 408.11(c)

RSA 541-A:7

Saf-C 408.12 & Saf-C 408.13

RSA 270:61; RSA 270:62; RSA 270:65, RSA 270:67, 68;

RSA 270:71

Saf-C 408.14

RSA 270:65

Saf-C 408.15

RSA 270:67; RSA 270:68; RSA 270:71, I(f) and (h)

Saf-C 408.16

RSA 270:67, I(a) & II(a)

Saf-C 408.17 - 408.19

RSA 270:71, I(g)

Saf-C 409.20

RSA 270:66, I

Saf-C 409

RSA 541-A:16, I(b); RSA 270:12

Saf-C 410

RSA 270:11, I(d)

Saf-C 411

RSA 270:74-a, I; RSA 541-A:19-b

Saf-C 412

RSA 270:61-a

Saf-C 413

RSA 270:46-a

Saf-C 414.01

RSA 270-D:4

Saf-C 414.02

RSA 541-A:19-b

Saf-C 414.03-414.05

RSA 270-D:4

Saf-C 415.01 and 415.02

RSA 541-A:7

Saf-C 415.03 – 415.05

RSA 270-E:24

Saf-C 415.06(a) – (b)

RSA 270-E:25 & RSA 541-A:30

Saf-C 415.06(c)

RSA 270-E:25 & RSA 541-A:16, I(b)(2)

Saf-C 416

RSA 270:I; RSA 270:11; & RSA 270:12-a

Chapter Saf-C 500 Vehicle Registration Rules

Part Saf-C 502 Definitions

N.H. Code Admin. R. Ann. Saf-C 502.07 Vehicle Registration Rules {#sec-saf-c-502.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.07}

defining “legal address”.

N.H. Code Admin. R. Ann. Saf-C 502.13 Vehicle Registration Rules {#sec-saf-c-502.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.13}

defining “signature line”.

Document #13521 repealed or deleted the following rules in the Parts indicated:

Part Saf-C 503 General Administration

N.H. Code Admin. R. Ann. Saf-C 503.06 Legal Address {#sec-saf-c-503.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.06}

Part Saf-C 504 Motor Vehicle, Trailer, Semi-Trailer Registration

N.H. Code Admin. R. Ann. Saf-C 504.04 Antique Registration {#sec-saf-c-504.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.04}

N.H. Code Admin. R. Ann. Saf-C 504.06 Disabled Veteran's Registration {#sec-saf-c-504.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.06}

N.H. Code Admin. R. Ann. Saf-C 504.07 Veteran's Registration {#sec-saf-c-504.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.07}

N.H. Code Admin. R. Ann. Saf-C 504.08 Hearse Registration {#sec-saf-c-504.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.08}

N.H. Code Admin. R. Ann. Saf-C 504.09 Construction Equipment Registration {#sec-saf-c-504.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.09}

N.H. Code Admin. R. Ann. Saf-C 504.10 Walking Disability Registration {#sec-saf-c-504.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.10}

Part Saf-C 506 Moped Registration

N.H. Code Admin. R. Ann. Saf-C 506.01 Application Form, Where Available {#sec-saf-c-506.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.01}

N.H. Code Admin. R. Ann. Saf-C 506.02 Application, Data Required {#sec-saf-c-506.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.02}

N.H. Code Admin. R. Ann. Saf-C 506.03 Issuance of Moped Registration Materials {#sec-saf-c-506.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.03}

N.H. Code Admin. R. Ann. Saf-C 506.04 Moped Registration Certificate {#sec-saf-c-506.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.04}

N.H. Code Admin. R. Ann. Saf-C 506.05 Moped Registration Plate {#sec-saf-c-506.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.05}

Part Saf-C 511 Registration – Additional Requirements/Classification

N.H. Code Admin. R. Ann. Saf-C 511.03 Temporary Registration {#sec-saf-c-511.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.03}

Part Saf-C 512 Renewal Registration

N.H. Code Admin. R. Ann. Saf-C 512.03 Moped Renewal {#sec-saf-c-512.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 512.03}

Part Saf-C 514 Vehicle Plates

N.H. Code Admin. R. Ann. Saf-C 514.56 Temporary Sixty Day Plates {#sec-saf-c-514.56 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.56}

Part Saf-C 521 Walking Disability Plates and Placards

N.H. Code Admin. R. Ann. Saf-C 521.01 Advisory Committee {#sec-saf-c-521.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.01}

The prior filings affecting the repealed Saf-C 503.06 included the following documents after Document #7972:

#9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12

#10135, eff 5-23-12

The prior filings affecting the repealed rules in Part Saf-C 504 included the following documents after Document #7972:

#8999, eff 9-29-07

#9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12 (Saf-C 504.06, Saf-C 504.07, and

N.H. Code Admin. R. Ann. Saf-C 504.10 Vehicle Registration Rules {#sec-saf-c-504.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.10}

)

#10135, eff 5-23-12

The prior filings affecting the repealed rules in Part Saf-C 506 included the following documents after Document #7972:

#8999, eff 9-29-07

#9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12 (All rules except Saf-C 506.01)

#10135, eff 5-23-12

The prior filings affecting the repealed Saf-C 511.03 included the following documents after Document #7972:

#9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12

#10135, eff 5-23-12

#12914, eff 11-6-19

The prior filings affecting the deleted Saf-C 512.03 and the repealed Saf-C 514.56 included the following documents after Document #7972:

#9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12

#10135, eff 5-23-12

The prior filings affecting the repealed Saf-C 521.01 included the following documents:

#7069, effective 8-5-99, EXPIRED: 8-5-07

#8999, effective 9-29-07

#10135, effective 5-23-12

The rules which were last filed in Document #10135, effective 5-23-12, did not expire on 5-23-22 but were extended pursuant to RSA 541-A:14-a until Document #13512 was effective 1-13-23.

Part Saf-C 501 Purpose

N.H. Code Admin. R. Ann. Saf-C 501.01 Purpose {#sec-saf-c-501.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 501.01}

The purpose of these rules is to set forth the administrative requirements for all classes of vehicle registrations, except dealers as provided in Saf-C 2000.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

Part Saf-C 502 Definitions

N.H. Code Admin. R. Ann. Saf-C 502.01 Applicant {#sec-saf-c-502.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.01}

"Applicant" means a person intending to fulfill statutory and administrative requirements for issuance of a motor vehicle or boat registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.02 Commissioner {#sec-saf-c-502.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.02}

"Commissioner" means "commissioner" as defined in RSA 259:13 or the commissioner’s designee.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.03 Department {#sec-saf-c-502.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.03}

"Department" means "department" as defined in RSA 259:19.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.04 Director {#sec-saf-c-502.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.04}

"Director" means "director" as defined in RSA 259:20 or the director’s designee.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRES: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.05 Division {#sec-saf-c-502.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.05}

"Division" means "division" as defined in RSA 259:22.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.06 Initial plate {#sec-saf-c-502.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.06}

"Initial plate" means a requested registration plate composed entirely of letters or a combination of letters, numbers and symbols, for an additional fee, the proceeds of which are deposited in accordance with RSA 263:52. The term includes “vanity plate”.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.07 Vehicle Registration Rules {#sec-saf-c-502.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.07}

Legal address” means specification of the location where a person makes their residence. The term does not include addresses consisting solely of a post office box number.

History

#13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.08 Municipal agent {#sec-saf-c-502.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.08}

"Municipal agent" means any city or town clerk, tax collector, approved private business, or other municipal official designated by the municipality to issue motor vehicle registration permits.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 502.07) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.09 Original registration {#sec-saf-c-502.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.09}

"Original registration" means the first registration obtained by a particular person for a particular vehicle.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.08) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.10 Registrant {#sec-saf-c-502.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.10}

"Registrant" means the person designated on a New Hampshire registration application or certificate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.09) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.11 Registration period {#sec-saf-c-502.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.11}

"Registration period" means that portion of time from the date of the transaction to the expiration date of the registration permit.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.10) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.12 Renewal registration {#sec-saf-c-502.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.12}

“Renewal registration” means extending the prior registration for 12 months or until the registrant’s month of birth the following year, whichever comes first.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.11) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.13 Signature line {#sec-saf-c-502.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.13}

“Signature line” means no written remarks, other than the applicant's signature, shall be permitted in the area designated for the signature.

History

#13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 502.14 Substation {#sec-saf-c-502.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 502.14}

"Substation" means a satellite facility operated by the division for the purpose of conducting division business.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.12) (see Revision Note #2 at chapter heading for Saf-C 500)

Part Saf-C 503 General Administration

N.H. Code Admin. R. Ann. Saf-C 503.01 Forms {#sec-saf-c-503.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.01}

(a) Whenever a person is required to complete a form, the following shall apply:

(1) Forms shall be filled out completely;

(2) Forms shall be completed in a legible manner; and

(3) Forms shall be completed in non-fading, non-erasable ink, except that vehicle registrations and municipal permits shall be printed on division approved printers and paper.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.02 Incomplete Form {#sec-saf-c-503.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.02}

(a) All forms shall be reviewed by the division in accordance with RSA 541-A:29.

(b) The applicant shall be notified of any apparent errors or omissions and allowed to resubmit the form to the division.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.03 Failure to Comply with Statute or Rule {#sec-saf-c-503.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.03}

(a) In the event an applicant fails to comply with a statute or rule, the application shall not be processed.

(b) The applicant shall be notified of the reason(s) for the rejection.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.04 Fees, Form of Payment {#sec-saf-c-503.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.04}

Whenever an applicant makes payment to the division, the following shall apply:

(a) Payment shall be made in the form of cash, check, money order, or accepted credit cards.

(b) Checks and money orders shall be made payable to "State of NH, DMV". Alternative terms, including but not limited to “State of New Hampshire – Safety,” "State of NH - Safety", "NH Department of Safety", "Treasurer - State of NH", or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the state of New Hampshire.

(c) Unless otherwise provided in these rules, any fee prescribed by statute or rule shall be submitted at the same time as the application.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.05 Checks {#sec-saf-c-503.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.05}

(a) Post-dated checks shall not be accepted.

(b) Checks shall be for the exact amount due to the division.

(d) A two-party check shall be accepted if:

(1) The State of New Hampshire is one of the parties;

(2) The applicant is the other party; and

(3) The check is for the exact amount due to the division.

(e) No check shall be accepted which is dated more than 90 days prior to receipt. In such an event the application shall be rejected and the applicant shall be notified.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.06 Non-Resident Registration - Address {#sec-saf-c-503.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.06}

A non-resident registration shall reflect the legal address within the State of New Hampshire where the vehicle is garaged in accordance with RSA 261:46, and may also include an out of state residence or business mailing address.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 503.07) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.07 Resident Registration - Address {#sec-saf-c-503.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.07}

(a) A resident registration shall reflect the registrant's legal address within the State of New Hampshire.

(b) In the event the director finds that a non-resident has been issued a New Hampshire registration and plates, the director shall revoke the registration and plates after notice and opportunity for a hearing.

(c) In the case of registrants who are temporarily living out of state, the registration shall reflect the out of state address where the vehicle is temporarily garaged.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 503.08) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.08 Refund {#sec-saf-c-503.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.08}

A registrant who returns to the division of motor vehicles, at any division location, unused registration plates and corresponding certificate of registration during 90 days subsequent to issuance, shall be refunded the registration fees collected for the registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 503.09) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 503.09 Specific Registration Number {#sec-saf-c-503.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 503.09}

(a) In the event an applicant desires to obtain a particular registration number, the applicant shall apply in person or by mail, to:

The Office of the Commissioner

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305.

(b) Registration numbers shall be the property of the state and shall be assigned by the department in accordance with these rules.

(c) Notwithstanding (b) above, the same registration number may be retained in the event of a transfer of vehicle ownership to a surviving spouse, except for the following classification of plates:

(1) Purple heart plates;

(2) Temporary plates;

(3) Veteran's plates, to include disabled veteran's plates;

(4) Walking disability plates, unless the surviving spouse is disabled; and

(5) Gold star plates.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 503.10) (see Revision Note #2 at chapter heading for Saf-C 500)

Part Saf-C 504 Motor Vehicle, Trailer, Semi-Trailer Registration

N.H. Code Admin. R. Ann. Saf-C 504.01 Application for Municipal Permit {#sec-saf-c-504.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.01}

(a) In addition to providing the information required by RSA 261:148, a person shall apply for a municipal permit with the town clerk and pay the appropriate fee pursuant to RSA 261:141.

(b) A registration shall not be issued except when the town clerk is satisfied that the applicant has qualified for it and has issued the designated municipal permit.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.02 Distribution of Permit {#sec-saf-c-504.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.02}

(a) The town clerk shall retain the copy of the permit designated "town clerk's copy".

(b) The applicant shall retain the remaining copies of the permit, which shall constitute the application for registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.03 Application, Where Submitted {#sec-saf-c-504.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.03}

(a) Except as provided hereafter, an application for a motor vehicle, trailer, or semi-trailer registration shall be submitted in person to an approved municipal agent or the division.

(b) The following registrations shall be submitted to an approved municipal agent:

(1) Antique registration;

(2) Disabled veteran's registration;

(3) Veteran’s registration;

(4) Hearse registration;

(5) Construction equipment registration;

(6) Walking disability registration; and

(7) Moped registration.

(c) An application for a disabled veteran's registration pursuant to RSA 261:86 shall include an official certification from the United States government veteran's administration attesting that the applicant meets the criteria as totally or permanently disabled as a result of a war or peace time injury, unless the registration is for a motor vehicle received from the United States government, as a result of a disability.

(d) An applicant for a veteran’s registration pursuant to RSA 261:87-b, shall include documentation showing proof of honorable discharge from any branch of the armed services.

(e) For the purposes of (d) above, acceptable documentation may include any of the following:

(1) Form DD214 from any branch of the armed services;

(2) Form DD 217 from any branch of the armed services;

(3) Form WDAGO 53-55 from the United States Army;

(4) Form WDAGO 53-98 from the United States Army;

(5) Form NAVPERS-553 from the United States Naval Service;

(6) Form NAVPERS-660 from the United States Naval Service;

(7) Form NAVMC 70-PD from the United States Marine Corps;

(8) Form NAVMC 78-PD from the United States Marine Corps;

(9) Form NAVCG-2510 from the United States Coast Guard;

(10) Form GSA 6954 from the National Archives;

(11) Form NA 13038 from the National Archives;

(12) Form NA 13041 from the National Archives; or

(13) Verification of Service letter from the United States Department of Veteran’s Affairs.

(f) In the event that a document showing proof of honorable discharge is not listed in (e)(1) through (13) above, the state veteran’s council shall determine the authenticity of the document as proof of honorable discharge.

(g) Each applicant for a moped registration shall furnish the following on the prescribed form:

(1) Name, mailing address, and legal address;

(2) The vehicle's year, make, model, color, and vehicle identification number; and

(3) Signature of the applicant.

(h) Upon successful completion of a moped registration application, a registration and moped plate shall be issued to the applicant. The moped plate shall conform with the requirements of Saf-C 513.25.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.04 Local, County, State Registration {#sec-saf-c-504.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.04}

(a) An application for registration made by a unit of local, county, or state government or by a school district, volunteer fire department, the civil air patrol, law enforcement agency, or a public or private educational institution for the purpose of student driver training shall be submitted, in person or by mail, to:

The Division of Motor Vehicles, Registration Bureau

23 Hazen Drive

Concord, N.H. 03305.

(b) An application for a permanent unlisted registration made by a law enforcement agency shall be completed and submitted on form RDMV 100 (5/22) to the director of motor vehicles at the address set forth in (a) above.

(1) The vehicle to be registered is owned by a local, county, state, or federal agency;

(2) The permanent unlisted registration is required for law enforcement purposes; and

(3) The vehicle registered shall only be used for undercover law enforcement purposes and is not intended for regular patrol duties.

(d) An applicant for form RDMV 100 shall be signed under penalty of unsworn falsification, pursuant to RSA 641:3.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 504.05) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.05 Issuance of Registration Materials {#sec-saf-c-504.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.05}

(a) Upon receipt of an application for registration, the division or approved municipal agent shall issue a registration plate and a certificate of registration.

(b) The registration plate shall conform with the requirements of Saf-C 514.

(d) In order to constitute a valid certificate of registration, the certificate of registration shall be signed by the registrant.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 504.11) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.06 Trailer Vehicle Identification Number {#sec-saf-c-504.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.06}

(a) An application for a state issued vehicle identification number for all trailers 3,000 pounds or less shall be submitted, in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(b) A vehicle identification number for all trailers that are 3,000 pounds or less shall be issued only after the vehicle identification number plate on the trailer has been examined by a law enforcement officer, a licensed motor vehicle dealer, or an authorized inspection station. For trailers greater than 3,000 pounds, a NH issued vehicle identification number (VIN) shall be required.

(c) Upon being issued a trailer vehicle identification number, a person shall display the sticker in a permanent and prominent place on the trailer. At no time shall a person remove or deface the sticker or any other identifying number.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 504.12) (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 504.07 Single Axle Tow Dolly {#sec-saf-c-504.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 504.07}

(a) Registration of single axle tow dollies shall not be required in this state.

(b) For the purposes of this section, “single axle tow dolly” means a vehicle designed and used exclusively to transport another motor vehicle and upon which the front or rear wheels of the towed motor vehicle are mounted, while the other wheels of the towed motor vehicle remain in contact with the ground.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 504.13) (see Revision Note #2 at chapter heading for Saf-C 500)

Part Saf-C 505 Motor Carrier Registration

N.H. Code Admin. R. Ann. Saf-C 505.01 Application Form, Where Available {#sec-saf-c-505.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 505.01}

The department shall furnish application forms for motor carrier registration at the division of motor vehicles, 23 Hazen Drive, Concord, N.H. 03305.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 505.02 Application, Data Required {#sec-saf-c-505.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 505.02}

(a) Each applicant for a motor carrier registration shall furnish the following on the prescribed form:

(1) Name, mailing address, and legal address;

(2) Carrier unit number;

(3) The vehicle's year, make, model, gross weight, and vehicle identification number;

(4) Motor vehicle registration number; and

(5) Signature of the applicant.

(b) The application form shall be submitted, in person to a substation or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord N.H. 03305.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 505.03 Issuance of Motor Carrier Registration Materials {#sec-saf-c-505.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 505.03}

Upon receipt of the materials set forth above, the department shall issue a motor carrier registration certificate and a motor carrier registration plate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 505.04 Motor Carrier Registration Certificate {#sec-saf-c-505.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 505.04}

The motor carrier registration certificate shall contain the information set forth in Saf-C 505.02.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

N.H. Code Admin. R. Ann. Saf-C 505.05 Motor Carrier Registration Plate {#sec-saf-c-505.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 505.05}

The motor carrier registration plate shall conform with the requirements of Saf-C 514.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (see Revision Note #2 at chapter heading for Saf-C 500)

Part Saf-C 506 Boat Registration

N.H. Code Admin. R. Ann. Saf-C 506.01 Boat Registration {#sec-saf-c-506.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 506.01}

Each applicant for a boat registration shall comply with the requirements of Saf-C 2300, Vessel Registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 507.01)

Part Saf-C 507 One-Third Rate Vehicles

N.H. Code Admin. R. Ann. Saf-C 507.01 One-Third Rate Vehicle {#sec-saf-c-507.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 507.01}

For the purposes of this part, a vehicle shall qualify for one-third rate if:

(a) The vehicle serves no other purpose than to transport a permanently mounted piece of equipment, which is an integral part of the unit, as described in Saf-C 507.03(a);

(b) The vehicle is owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration; or

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 508.01)

N.H. Code Admin. R. Ann. Saf-C 507.02 One-Third Rate Vehicle Registration {#sec-saf-c-507.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 507.02}

(a) Each applicant for a one-third rate registration shall verbally request the registration, at the time the applicant applies for a municipal permit or upon renewal of the applicant’s registration.

(b) If the applicant is required to register in accordance with RSA 260:73 because they meet the Federal Motor Carrier Safety Administration definition of interstate commerce and fall under the International Registration Plan, a one-third rate registration shall not be issued.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 508.02)

N.H. Code Admin. R. Ann. Saf-C 507.03 One-Rate Vehicles {#sec-saf-c-507.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 507.03}

(a) Pursuant to RSA 261:141, III(l), one-third rate registration fee shall be charged to those vehicles that have equipment mounted on trucks of which the equipment is an integral part of the unit and the truck is not capable of carrying freight or merchandise.

(b) Each applicant requesting a one-third rate registration for a vehicle shall furnish the following to the department:

(1) Manufacturer's specifications for the vehicle, including all additional, permanently mounted equipment, as described in (a) above;

(2) Written description of uses of the vehicle; and

(3) Time and location that the vehicle may be inspected by the department.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 508.03)

N.H. Code Admin. R. Ann. Saf-C 507.04 Processing One-Third-Rate Vehicles {#sec-saf-c-507.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 507.04}

(a) Upon receipt of the information set forth in Saf-C 507.03, the department shall have the vehicle inspected.

(b) It shall be the applicant’s duty to make the vehicle available for the inspection.

(c) If the department determines that the vehicle qualifies for one-third rate, a refund shall be forwarded to the applicant.

(d) If the department determines that the vehicle does not qualify for one-third rate, the applicant shall be notified.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 508.04)

Part Saf-C 508 Initial or Vanity Registration

N.H. Code Admin. R. Ann. Saf-C 508.01 Application, Data Required {#sec-saf-c-508.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 508.01}

(a) Each applicant for an initial or vanity registration shall submit the following to the department:

(1) A completed “Application for Vanity Plates” form RDMV 120 (rev. 1/20) containing the requested combination of characters for the initial or vanity registration plate;

(2) A completed application for registration, or current valid registration; and

(3) The plate manufacturing fee required by RSA 261:75, and also the prorated by month portion of the special vanity plate service fee required by RSA 261:89 for the remainder of registration period.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #10769, eff 1-21-15; ss by #12581, eff 7-20-18; ss by #13521, eff 1-13-23 (formerly Saf-C 509.01); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13521

N.H. Code Admin. R. Ann. Saf-C 508.02 Application, Where Submitted {#sec-saf-c-508.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 508.02}

The application form shall be submitted in person to a substation or authorized municipal agent or, in person or by mail to:

NH Dept. of Safety

DMV – Registration Bureau

23 Hazen Drive

Concord NH 03305

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #10769, eff 1-21-15; ss by #12581, eff 7-20-18; ss by #13521, eff 1-13-23 (formerly Saf-C 509.02)

N.H. Code Admin. R. Ann. Saf-C 508.03 Temporary Plate Pending Approval {#sec-saf-c-508.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 508.03}

Upon application, the applicant shall be issued a temporary initial or vanity plate. The temporary initial or vanity plate shall be valid until permanent initial or vanity registration plates are issued.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #10769, eff 1-21-15; ss by #13521, eff 1-13-23 (formerly Saf-C 509.03)

N.H. Code Admin. R. Ann. Saf-C 508.04 Application Rejection {#sec-saf-c-508.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 508.04}

(a) An application for an initial or vanity registration plate shall be evaluated by the department and rejected if the requested combination of characters does not conform with the requirements of Saf-C 513.62(c) or if it is currently in use.

(b) Upon rejection, the department shall:

(1) Refund or credit the collected special vanity plate service fee to the applicant;

(2) Notify the applicant of the reason(s) for the rejection; and

(3) Issue a registration plate according to the class of vehicle and type of plate requested.

(c) A person whose initial or vanity registration plate has been rejected may submit a written request to the director setting forth a detailed explanation as to the reasons why such an initial or vanity registration plate should be issued. The director's decision shall be final.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #10769, eff 1-21-15; ss by #10769, eff 1-21-15; ss by #12581, eff 7-20-18 (formerly Saf-C 509.03); ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 509.04)

N.H. Code Admin. R. Ann. Saf-C 508.05 Application Approval {#sec-saf-c-508.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 508.05}

(a) An application for an initial or vanity registration plate shall be approved if the requested combination of characters conforms with the requirements of Saf-C 513.62(c) and it is not currently in use.

(b) Upon approval, the department shall have permanent initial or vanity registration plates manufactured and forward them to the registrant.

History

#12581, eff 7-20-18 (formerly Saf-C 509.04); ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 509.05)

Part Saf-C 509 Forced Registration

N.H. Code Admin. R. Ann. Saf-C 509.01 Registration Required In a Trust {#sec-saf-c-509.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 509.01}

(a) If a vehicle is titled only in a trust name or is registered in a trust name:

(1) The trustee may elect to be the first person named on the registration for the purposes of using the trustee’s date of birth to determine the expiration date of the registration;

(2) Election pursuant to (a)(1) above shall not create an ownership interest in the vehicle by the trustee; and

(3) Election pursuant to (a)(1) above shall not require a new title.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 510.01)

Part Saf-C 510 Registration - Additional Requirements/Classification

N.H. Code Admin. R. Ann. Saf-C 510.01 Pro-rating Registration Fee {#sec-saf-c-510.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.01}

(a) Except as provided hereafter, the month in which an application for registration is processed by the department shall serve as the starting month for pro-rating registration fees.

(b) If an applicant is issued a 5 month municipal permit and applies for registration within the first 7 days of the next month, the month in which the municipal permit is issued shall serve as the starting month for pro-rating registration fees.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.01)

N.H. Code Admin. R. Ann. Saf-C 510.02 Title Vehicle Registration {#sec-saf-c-510.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.02}

(a) Each applicant for an original registration of a vehicle which requires a certificate of title shall furnish the following, at the time of registration:

(1) A New Hampshire application for title; and

(2) One of the following:

a. A properly assigned certificate of title;

b. A manufacturer’s certificate of origin; or

c. A bill of sale and the previous certificate of registration for the vehicle.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.02)

N.H. Code Admin. R. Ann. Saf-C 510.03 Temporary Registration Plate {#sec-saf-c-510.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.03}

(a) In the event a registration plate number is assigned by the department for which a metal plate is not available, a temporary registration paper plate shall be issued.

(b) The metal registration plate shall be manufactured and forwarded to the registrant, when completed.

(c) Upon receipt, the registrant shall destroy the temporary registration paper plate and attach the metal registration plate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 511.03)

N.H. Code Admin. R. Ann. Saf-C 510.04 Weight of Vehicle Dispute {#sec-saf-c-510.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.04}

(a) For the purposes of this section, "certification of weight" means a written statement signed by the manufacturer of the vehicle or an authorized inspection station, or, a photograph of the gross vehicle weight and vehicle identification number of the vehicle, which states the weight of the vehicle.

(b) In the event an applicant challenges the weight assigned to a vehicle by the department or a town clerk, the following shall apply:

(1) The application for registration of passenger vehicles shall be processed utilizing the weight set forth in the Red Book or the National Automobile Dealer's Association Guide (see Appendix II), plus 150 lbs. per passenger for the manufacturer's rated passenger capacity of the vehicle. Any over-charge shall be refunded upon presentation of a certification of weight; or

(2) In the case of non-passenger vehicles designed to carry freight or merchandise, the registration shall be processed utilizing the weight set forth in the Red Book or the National Automobile Dealer's Association Guide (see Appendix II), plus the manufacturer's rated carrying capacity of the vehicle.

(d) If the model year can be distinguished from the year of manufacture by the vehicle identification number or other means, the Red Book or the National Automobile Dealer's Association Guide (see Appendix II) weight figure for that particular model year plus either l50 lbs. per passenger capacity or the manufacturer's rated carrying capacity of the vehicle shall be accepted.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 511.04)

N.H. Code Admin. R. Ann. Saf-C 510.05 In-Transit Registration {#sec-saf-c-510.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.05}

(a) A vehicle purchased from a licensed New Hampshire dealer shall not be required to have an in-transit registration. Dealers shall issue temporary dealer registrations to those out of state residents whose state recognizes such registrations.

(b) The department shall furnish application forms for in-transit registration at the division of motor vehicles, 23 Hazen Drive, Concord, N.H. 03305, at any substation, or at an authorized municipal agent.

(1) Name, legal address, and date of birth;

(2) Proof of identity, including:

a. Current passport;

b. Current driver license or driver license that has expired no more than 12 months prior to the date of application;

c. Military discharge papers;

d. Current non-driver identification card or non-driver identification card that has expired no more than 12 months prior to the date of application;

e. Permanent resident card; or

f. Military identification card.

(3) Driver license number and state of origin;

(4) Name and address of person selling the vehicle;

(5) Date of purchase;

(6) Proof of ownership;

(7) The state in which the vehicle shall be registered;

(8) A statement that the vehicle meets all New Hampshire inspection requirement and is in safe operating condition;

(9) Whether the vehicle was purchased in New Hampshire;

(10) Description of the vehicle, including:

a. Make, model, and color;

b. Vehicle identification number; and

c. Year of manufacture;

(11) A statement that all the information on the form is true;

(12) Signature of the applicant; and

(13) Optional customer contact information to include either or both telephone number and email address.

(d) Upon receipt of the materials set forth above and the statutory fee, the department shall issue an in-transit plate and registration certificate.

(e) The in-transit plate and registration certificate shall be valid for 20 days from the date of issuance and only for the purpose of transporting the vehicle to its intended destination.

(f) A vehicle shall not have more than one in-transit registration issued by this state.

(g) Pursuant to (c)(9) above, if a vehicle was not purchased in New Hampshire, an in-transit plate and registration certificate shall not be issued.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.05)

N.H. Code Admin. R. Ann. Saf-C 510.06 Change of Address {#sec-saf-c-510.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.06}

Whenever any person after making application for or obtaining the registration of a vehicle shall move from the address or change the postal address named in the application or shown on a registration certificate or certificate of title, such person shall within 30 days thereafter notify the division in writing of the person’s old and new address, on form DSMV-30, (rev 3/22), in person to a substation or by mail to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, NH 03305.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.06)

N.H. Code Admin. R. Ann. Saf-C 510.07 Change of Name {#sec-saf-c-510.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.07}

(a) Whenever the name of any person who has made application for or obtained the registration of a vehicle is thereafter changed by marriage or otherwise, such person shall within 10 days notify the division in person at any substation of such former and new name, on form DSMV-30, (rev 3/22).

(b) As evidence of a new name, a registrant shall present a copy of one of the following:

(1) Name change petition from the court of Probate;

(2) Marriage certificate;

(3) Divorce decree;

(4) Passport;

(5) Adoption decree;

(6) Court decree; or

(7) Naturalization certificate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.07)

N.H. Code Admin. R. Ann. Saf-C 510.08 Corporations {#sec-saf-c-510.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.08}

(a) Whenever a corporation, partnership, or other legal entity changes its name, it shall be presumed that the change constitutes a transfer of ownership, unless satisfactory proof to the contrary is furnished, such as a stockholder’s vote to change the name.

(b) The registration of every vehicle registered in the name of a corporation, partnership, or other legal entity shall expire by the first letter or number of the company name as set forth in Table 5.10.1, below:

Table 5.10.1 Expiration Date of Registration

First Letter or Number of Name

Expiration Month

B; 1

January

C; 2

February

E; 3

March

G; 4

April

I; 5

May

K - L; 6

June

M; 7

July

N; 8

August

P – Q; 9

September

S; 0

October

T – U

November

W – X - Y – Z

December

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.08)

N.H. Code Admin. R. Ann. Saf-C 510.09 Truck-tractor with Semi-trailer {#sec-saf-c-510.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.09}

(a) In order for a truck-tractor to be registered in connection with a semi-trailer, the registrant’s name and the expiration date for the truck-tractor registration and the semi-trailer registration shall be the same.

(b) If a semi-trailer is registered subsequent to registration of the truck-tractor, the applicant shall furnish the department with the original or a clear copy of the truck-tractor registration certificate. The clerk or municipal agent shall waive the requirement for a physical copy of the certificate of registration if the clerk or municipal agent has access to the electronic system of record and can verify the information for the current or previous registration period.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 511.09)

N.H. Code Admin. R. Ann. Saf-C 510.10 Registration Listing Access {#sec-saf-c-510.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.10}

(a) For the purposes of this section, "registration listing" means the name, address, and date of birth of the registrant, and if requested, the New Hampshire registration plate number and a description of the vehicle.

(b) All requests for registration listings shall be processed in accordance with the requirements of RSA 260:14 and Saf-C 5600.

(c) Registration listings that conform with the requirements of (b) above, shall be furnished for a fee of $5 per listing pursuant to RSA 261:60, I.

(d) No registration listing shall be furnished in the case of permanent unlisted plates issued to a law enforcement agency.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500) ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 510.10)

N.H. Code Admin. R. Ann. Saf-C 510.11 Limited Number of Registrations {#sec-saf-c-510.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.11}

No more than 10 registrations shall be processed for any one applicant on any given occasion, unless there is reasonable time to do so. If there is not reasonable time, the applicant shall leave the registrations and will be notified by the division when the registrations are completed.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 510.11)

N.H. Code Admin. R. Ann. Saf-C 510.12 Suspension of Registration {#sec-saf-c-510.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.12}

Pursuant to RSA 261:178, the director shall, after notice and opportunity for a hearing in accordance with Saf-C 203, suspend a person's registration for driving or permitting the driving of their vehicle in violation of any provision of title XXI of the revised statutes annotated, if the violation indicates activity contrary to public safety.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 510.12)

N.H. Code Admin. R. Ann. Saf-C 510.13 Late Renewal - Proof of Non-Operation {#sec-saf-c-510.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.13}

(a) Determination by a municipal agent that an applicant for late renewal has not operated their motor vehicle since expiration of the registration shall constitute satisfactory proof of non-operation within the meaning of RSA 261:141, VI. In such an event, the municipal agent shall compute fees by pro-rating from the month of application. If the municipal agent is not satisfied that the applicant has not operated their vehicle since expiration of the registration and the applicant so desires, an appeal may be taken to the director. In such a case, no municipal permit shall be issued.

(b) An applicant, after making a request of the director, shall be deemed to have not operated the applicant’s motor vehicle since expiration of the registration if the applicant can show, by a preponderance of the evidence, that:

(1) The applicant’s privilege to operate the motor vehicle in question has been under suspension or revocation for the majority of the time since expiration of the registration, and the applicant has not been arrested for a conviction of a driving offense alleged to have occurred during that period of time;

(2) The registrant or primary operator of the vehicle in question has been seriously ill for the majority of the time since expiration of the registration;

(3) The registrant or primary operator of the vehicle in question has been absent from the state without the vehicle for the majority of the time since expiration of the registration; or

(4) Any other convincing proof of non-operation.

(c) If the director finds that the applicant has not operated the vehicle in question since expiration of the registration, a letter stating such shall be given to the applicant. The applicant shall present this letter to the appropriate municipal agent who, upon receipt, shall compute fees by pro-rating from the month of application.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 510.13)

N.H. Code Admin. R. Ann. Saf-C 510.14 Registration Refund for Members of Armed Forces {#sec-saf-c-510.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.14}

(a) Pursuant to RSA 261:68, any person who is ordered into or enlists in the military or naval services during a war emergency may request an abeyance of their registration(s) during such service.

(b) An application may be made in writing and submitted, in person to any substation or by mail, to:

The Division of Motor Vehicles, Registration Bureau

23 Hazen Drive

Concord, N.H. 03305.

(1) The name, legal address, and date of birth of the member of the armed services;

(2) A copy of military orders; and

(3) The plate number of the vehicle to be considered for refund.

(d) Upon receipt of the information set forth in (c) above, the department shall grant a pro rata refund, based upon the number of months the vehicle is unused.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500) ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 511.15); ss by #13521, eff 1-13-23 (formerly Saf-C 510.13)

Part Saf-C 511 Renewal Registration

N.H. Code Admin. R. Ann. Saf-C 511.01 Motor Vehicle, Trailer, and Semi-Trailer Renewal {#sec-saf-c-511.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.01}

(a) A renewal application shall be submitted, in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(b) Notwithstanding (a) above, a semi-trailer renewal application shall be submitted in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(c) A renewal application requiring issuance of a registration plate shall be submitted in the same manner as an original registration.

(d) A renewal application made by a unit of state, county, or local government or by a school district, volunteer fire department, the civil air patrol, or a public or private educational institution used for the purpose of student driver training shall be submitted, in person to any substation, or in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(e) Upon receipt of an application for a renewal registration, the department shall issue a certificate of registration, a decal and if requested, a new registration plate. Unless otherwise required by statute or rule, a decal which conforms with the requirements of Saf-C 514.05 shall be issued for renewal registrations subsequent to issuance of a registration plate. The certificate of renewal registration shall contain the information provided on the application.

(f) The municipal agent shall retain one copy of the municipal permit for a renewal registration. The applicant shall retain the remaining copies of the permit, which shall constitute the application for a renewal registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.01)

N.H. Code Admin. R. Ann. Saf-C 511.02 Motor Carrier Renewal {#sec-saf-c-511.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.02}

The provisions of Saf-C 505 shall apply to renewal of a motor carrier registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.02)

N.H. Code Admin. R. Ann. Saf-C 511.03 Time for Registration Renewal {#sec-saf-c-511.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.03}

Except as provided hereafter, no registrant for a motor vehicle, trailer, semi-trailer, or other staggered registration shall be provided with a renewal application form prior to the registrant’s month of birth or month of designation.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.03)

N.H. Code Admin. R. Ann. Saf-C 511.04 Absent Registrant {#sec-saf-c-511.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.04}

A registrant shall be issued a renewal registration prior to the registrant’s month of renewal in accordance with the requirements of RSA 261:62, II(d).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.04)

N.H. Code Admin. R. Ann. Saf-C 511.05 Fleet Registrant. {#sec-saf-c-511.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.05}

A registrant shall be provided with renewal registration applications prior to the registrant’s month of renewal if the registrant will be renewing 100 or more registrations, and the registrant requests early registration, in writing or in person, from the department at least 60 days prior to the registrant’s month of renewal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.06)

N.H. Code Admin. R. Ann. Saf-C 511.06 Local, County, State Registration {#sec-saf-c-511.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.06}

(a) A registration for a motor vehicle, trailer, or semi-trailer owned and operated by a unit of local, state, or county government, or by a school district, volunteer fire department, the civil air patrol, law enforcement agency, or a public or private educational institution used for the purpose of student driver training shall not expire for the life of the vehicle once issued an initial registration.

(b) If the vehicle, as described in (a) above, is sold, or retired from service, the registration may be transferred to another vehicle upon presentation of the existing registration to the division of motor vehicles at 23 Hazen Drive in Concord or any substation.

(d) New permanent registrations shall be assigned to an added vehicle if an entity cited in (a) above has no existing plates to transfer to that vehicle or the entity wishes to have a new permanent number plate assigned.

(e) Said entity, upon registration of a vehicle, shall pay any applicable plate fees as outlined in RSA 261:91.

(f) New permanent plates shall be issued, either by mail or in person at the division of motor vehicles at 23 Hazen Drive in Concord, NH, 03305.

(g) Plates defined in the following rules shall apply the process for registration outlined in this rule:

(1) Saf-C 513.28;

(2) Saf-C 513.32;

(3) Saf-C 513.33;

(4) Saf-C 513.34;

(5) Saf-C 513.35;

(6) Saf-C 513.44;

(7) Saf-C 513.45; and

(8) Saf-C 513.46.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500) ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 512.07)

N.H. Code Admin. R. Ann. Saf-C 511.07 Weight Increase {#sec-saf-c-511.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 511.07}

(a) A registrant who has been referred to the department by a law enforcement officer as a result of violating RSA 266:26, and who applies for a registration with increased weight shall, upon payment of the statutory fee, be issued a corrected certificate of registration. The registration fee for the increased weight shall be computed retroactively to the first month of the registrant's current registration. The registrant shall be responsible for not carrying on the vehicle an amount in excess of the manufacturer's rated carrying capacity of the vehicle. A request for increased weight registration shall be submitted, in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(b) If an applicant is able to prove to the commissioner that the vehicle has been structurally altered to carry a heavier gross weight than at the time of current registration, the weight increase shall be computed retroactively to the date of alteration of the vehicle.

(c) A registrant who applies for registration at an increased weight, other than (a) above, shall, upon payment of the statutory fee, be issued a corrected certificate of registration. The registration fee for the increased weight shall be computed as of the date of application for increased weight. A request for increased weight registration shall be submitted, along with the vehicle’s previous valid certificate of registration, in person to a substation, authorized DMV agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(d) If a vehicle, after being weighed by any law enforcement officer, is found to be carrying a gross weight in excess by more than 20% of the total weight under which it was registered, the finding shall be considered prima facie evidence that the registrant of the vehicle did not pay the proper fee and register the vehicle for the proper amount of weight.

(e) If any person fails to increase the registered weight of their vehicle as provided by this section, and pay the required fee, the registration and plates of the vehicle shall be suspended by the commissioner, after notice and opportunity for a hearing in accordance with Saf-C 204.19.

(f) The registrant shall ensure that a vehicle is not registered at a weight in excess of the weight allowed under RSA 266:18, or a greater weight if special modifications have been made and the increase has been approved by the commissioner. No refund of any excess fee shall be approved under circumstances in which a vehicle was registered at a greater weight unless the registrant provides proof that the vehicle was registered due to an error on the part of the department or a clerk, and that the vehicle has not been operated at a weight in excess of the weight allowed by law.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 512.07)

Part Saf-C 512 Weighing of Vehicles

N.H. Code Admin. R. Ann. Saf-C 512.01 Suspension of License or Privilege {#sec-saf-c-512.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 512.01}

(a) A person's license or privilege to operate shall be suspended after notice and opportunity for a hearing, in accordance with Saf-C 204.19, if upon the request of a law enforcement officer, any person shall:

(1) Fail or refuse to stop and submit to a weighing of the motor vehicle by means of either portable or stationary scales; or

(2) Fail or refuse to drive the vehicle to public scales for the purpose of weighing, or fail or refuse to drive the vehicle onto any scales.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 513.01)

N.H. Code Admin. R. Ann. Saf-C 512.02 Suspension of Vehicle Registration and Plates {#sec-saf-c-512.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 512.02}

Any person who violates the provisions of Saf-C 512.01 and is the owner of the vehicle, or the refusal or failure to submit to weighing occurs at the direction of the owner of the vehicle, the registration and plates of the vehicle shall be suspended after notice and opportunity for a hearing, in accordance with Saf-C 204.19.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 513.02)

Part Saf-C 513 Vehicle Plates

N.H. Code Admin. R. Ann. Saf-C 513.01 Issue {#sec-saf-c-513.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.01}

For the purposes of this part, the word “issue” shall not include the issuance of replacement plates.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.01)

N.H. Code Admin. R. Ann. Saf-C 513.02 Classification {#sec-saf-c-513.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.02}

For the purposes of this part, the word “classification” means all types of plates issued by the department.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.02)

N.H. Code Admin. R. Ann. Saf-C 513.03 All Plates {#sec-saf-c-513.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.03}

(a) All registration plates, regardless of classification, shall have the words "New Hampshire" on the plate.

(b) All registration plates for passenger vehicles shall have the words "live free or die" on the lower border, in accordance with RSA 261:75, II.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.03)

N.H. Code Admin. R. Ann. Saf-C 513.04 Agriculture Plate {#sec-saf-c-513.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.04}

(a) Agriculture plates shall be issued to vehicles registered pursuant to RSA 261:82.

(b) Agriculture plates shall have 3 to 6 characters, 2 of which shall be the letters "AG", and the remainder of which shall be numerals from one to 9999.

(c) Passenger vehicles and SUV’s shall not be eligible for agriculture plates unless reclassified by the manufacturer as a truck, truck tractor, or cargo van.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.04)

N.H. Code Admin. R. Ann. Saf-C 513.05 Ambulance Plate {#sec-saf-c-513.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.05}

(a) Ambulance plates shall be issued to vehicles validly licensed in accordance with RSA 153-A:10, II.

(b) Ambulance plates shall have 6 characters, the first 3 of which shall be the letters "AMB", and the last 3 of which shall be numerals.

(c) A person shall not operate an emergency medical service vehicle on public ways in this state if the vehicle is not licensed as an emergency medical service vehicle by the commissioner.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.05)

N.H. Code Admin. R. Ann. Saf-C 513.06 Antique Plate {#sec-saf-c-513.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.06}

(a) Antique plates shall be issued, upon request, to vehicles registered pursuant to RSA 261:89-a.

(b) Antique plates shall:

(1) Have the word "ANTIQUE" on the upper border;

(2) Have a replica of the old man of the mountain followed by one to 4 numerals; and

(3) If a vanity plate:

a. Have a replica of the old man of the mountain followed by one to 4 characters that conform with the requirements of Saf-C 513.62(c); or

b. Consist of 5 to 6 characters, without the replica of the old man of the mountain.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.05)

N.H. Code Admin. R. Ann. Saf-C 513.07 Antique Motorcycle Plate {#sec-saf-c-513.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.07}

(a) Antique motorcycle plates shall be issued, upon request, to motorcycles registered pursuant to RSA 261:89-a.

(b) Antique motorcycle plates shall:

(1) Have the word “MOTORCYCLE” on the lower border; and

(2) Have 3 to 5 characters, 2 of which shall be the letters "AM", and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.07)

N.H. Code Admin. R. Ann. Saf-C 513.08 Antique Trailer Plate {#sec-saf-c-513.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.08}

(a) Antique trailer plates shall be issued, upon request, to vehicles meeting the definition of RSA 261:89-a, I, provided that the trailer is over 25 years old as specified in (b) below.

(b) An applicant for antique trailer plates shall provide proof of trailer age by presenting:

(1) A title which reflects more than a 25 year old date of manufacture;

(2) A registration which reflects more than a 25 year old date of manufacture; or

(3) A statement, signed under penalty of unsworn falsification pursuant to RSA 641:3, from the current owner containing the facts which demonstrate that the trailer is more than 25 years old.

(1) Have the words “ANTIQUE TRAILER” on the right vertical border; and

(2) Have 3 to 5 characters, 2 of which shall be the letters “AT”, and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.08)

N.H. Code Admin. R. Ann. Saf-C 513.09 Apportioned Plates {#sec-saf-c-513.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.09}

(a) Apportioned plates shall be issued to vehicles engaged in interstate commerce pursuant to the International Registration Plan as authorized under RSA 260:73.

(b) Apportioned plates shall:

(1) Have the word "APPORTIONED" on the upper border; and

(2) Have 3 to 6 characters, one of which shall be the letter “A”, one of which shall be a letter, and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.09)

N.H. Code Admin. R. Ann. Saf-C 513.10 Attorney General Plate {#sec-saf-c-513.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.10}

(a) Attorney general plates shall be issued to vehicles of the New Hampshire attorney general and their deputy pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, attorney general plates shall:

(1) Have the words “ATTORNEY GENERAL”; and

(2) Have the years of term on the lower border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.10)

N.H. Code Admin. R. Ann. Saf-C 514.11 U.S. {#sec-saf-c-514.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.11}

Attorney Plate.

(a) U.S. attorney plates shall be issued, upon request, to a vehicle owned and operated by the United States attorney for the state of New Hampshire.

(b) U.S. attorney plates shall:

(1) Have the words “U.S. ATTORNEY”; and

(2) Have the years of term.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.11)

N.H. Code Admin. R. Ann. Saf-C 513.12 Automotive Recycling Dealer Plate {#sec-saf-c-513.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.12}

(a) Automotive recycling dealer plates shall be issued to vehicles registered pursuant to RSA 261:123.

(b) Automotive recycling dealer plates shall have 6 characters, the first of which shall be the letter "J", the last of which shall be a letter, and the remainder of which shall be numerals.

(c) The letter "J" shall designate the automotive recycling dealer plate, the numerals shall designate the register number of the particular automotive recycling dealer, and the final letter shall designate the particular plate in that dealer's series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.12)

N.H. Code Admin. R. Ann. Saf-C 513.13 Commercial Plate {#sec-saf-c-513.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.13}

(a) Commercial plates shall be issued to commercial motor vehicles, as defined in RSA 259:12-e, excluding those plates issued pursuant to Saf-C 513.09.

(b) Commercial plates shall:

(1) Have 3 to 6 characters, one of which shall be the letter "A", one of which shall be a letter, and the remainder of which shall be numerals;

(2) If a numerical commercial plate:

a. Have the letters "COMM" on the left vertical border; and

b. Have a numeral from one to 999; or

(3) If a vanity plate, have characters that conform with the requirements of Saf-C 513.62(c).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.13)

N.H. Code Admin. R. Ann. Saf-C 513.14 Special Commercial Plate {#sec-saf-c-513.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.14}

(a) Special commercial plates shall be issued to one-third rate vehicles, as described in Saf-C 507.03, when the vehicle would otherwise have to register as an apportioned vehicle when engaged in interstate commerce.

(b) Special commercial plates shall:

(1) Have the words "SPEC COMM" on the left vertical border; and

(2) Have a numeral from one to 9999.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.14)

N.H. Code Admin. R. Ann. Saf-C 513.15 Construction Equipment Plate {#sec-saf-c-513.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.15}

(a) Construction equipment plates shall be issued to construction equipment, as defined in RSA 259:42.

(b) Construction equipment plates shall:

(1) Have the letters “CE” on the left vertical border;

(2) Have 5 numerals; and

(3) Have the words “CONSTRUCT EQUIP” on the right vertical border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.15)

N.H. Code Admin. R. Ann. Saf-C 513.16 Disabled Veteran Plate {#sec-saf-c-513.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.16}

(a) Disabled veteran plates shall be issued to a vehicle registered pursuant to RSA 261:86.

(b) Disabled veteran plates shall:

(1) Have the words “DISABLED VETERAN” on the upper border;

(2) Have one to 4 alpha numerical characters; and

(3) Have the statutorily-required universal symbol of accessibility.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.16)

N.H. Code Admin. R. Ann. Saf-C 513.17 Disabled Veteran Motorcycle Plate {#sec-saf-c-513.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.17}

(a) Disabled veteran plates shall be issued to a vehicle registered pursuant to RSA 261:86.

(b) Disabled veteran motorcycle plates shall:

(1) Have the words “DISABLED VETERAN” on the upper border;

(2) Have one to 4 alpha numerical characters; and

(3) Have the statutorily-required universal symbol of accessibility.

History

#12914, eff 11-6-19; ss by 10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 514.17)

N.H. Code Admin. R. Ann. Saf-C 513.18 Farm Plate {#sec-saf-c-513.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.18}

(a) Farm plates shall be issued to vehicles registered pursuant to RSA 261:84.

(b) Farm plates shall have 3 to 6 characters, the last 2 of which shall be the letters "FA", and the remainder of which shall be numerals.

(c) A truck, tractor-truck, or semi-trailer shall qualify for farm registration rates and number plates and shall be driven with such registration only if such vehicle is used solely for the transportation of agricultural products produced on and meant to be used in connection with the operation of a farm or farms owned, operated, or occupied by the registrant.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.17); ss by #13521, eff 1-13-23 (formerly Saf-C 514.18)

N.H. Code Admin. R. Ann. Saf-C 513.19 Farm Tractor Plate {#sec-saf-c-513.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.19}

(a) Farm tractor plates shall be issued to vehicles registered pursuant to RSA 261:83.

(b) Farm tractor plates shall have the letters "TA" on the left vertical border, followed by one to 5 numerals.

(c) A tractor shall qualify for farm tractor registration rates and shall be driven with such registration only when the tractor is used exclusively for agricultural purposes or to draw another vehicle in such a way that part of the load is carried on such towing vehicle.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.18); ss by #13521, eff 1-13-23 (formerly Saf-C 514.19)

N.H. Code Admin. R. Ann. Saf-C 513.20 Gold Star Plate {#sec-saf-c-513.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.20}

(a) Gold Star plates shall be issued to a vehicle owned or held in trust by a mother or stepmother of a person killed while on duty in the United States armed forces, pursuant to RSA 261:87-c.

(b) A stepmother shall be eligible for a gold star plate under this rule if she:

(1) Provides a marriage license which is dated prior to the armed service member’s 15th birthday; and

(2) Provides a completed Department of Defense “DD form 1300” to the director.

(c) If the vehicle is held in trust, the applicant shall provide a copy of the most updated trust document that demonstrates:

(1) That the vehicle is owned by the trust, except that a current registration for the vehicle demonstrating that the vehicle held in the trust may be substituted for the trust document for this requirement; and

(2) That the applicant is a trustee of the trust.

(d) A gold star plate shall not be issued to a stepmother if a gold star plate is already issued to another stepmother for that service member.

History

#10135, eff 5-23-12; ss by #12914, eff 11-16-19 (formerly Saf-C 514.19); ss by #13521, eff 1-13-23 (formerly Saf-C 514.20)

N.H. Code Admin. R. Ann. Saf-C 513.21 Governor Plate {#sec-saf-c-513.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.21}

(a) Governor plates shall be issued to vehicles operated by the governor of New Hampshire, pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, governor plates shall:

(1) Have the word "GOVERNOR";

(2) Have the years of term on the lower border; and

(3) Have the state seal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (formerly Saf-C 514.19); renumbered by #12914 (formerly Saf-C 514.20); ss by #13521, eff 1-13-23 (formerly Saf-C 514.21)

N.H. Code Admin. R. Ann. Saf-C 513.22 Executive Council Plate {#sec-saf-c-513.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.22}

(a) Executive council plates shall be issued to vehicles of the New Hampshire executive council, pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, executive council plates shall:

(1) Have the words “EXECUTIVE COUNCIL”;

(2) Have a numeral from one to 5;

(3) Have the state seal; and

(4) Have the years of term on the lower border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by 8999, eff 9-29-07; ss by #10135, eff 5-23-12 (formerly Saf-C 514.20); renumbered by #12914 (formerly Saf-C 514.21); ss by #13521, eff 1-13-23 (formerly Saf-C 514.22)

N.H. Code Admin. R. Ann. Saf-C 513.23 Hearse Plate {#sec-saf-c-513.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.23}

(a) Hearse plates shall be issued to vehicles designed and employed as hearses, and owned and operated by a person licensed and registered pursuant to RSA 325:20.

(b) Hearse plates shall have 3 to 5 characters, the first and last of which shall be plus signs, and the remainder of which shall be numerals from one to 999.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.21); renumbered by #12914 (formerly Saf-C 514.22); ss by #13521, eff 1-13-23 (formerly Saf-C 514.23)

N.H. Code Admin. R. Ann. Saf-C 513.24 House of Representatives Plate {#sec-saf-c-513.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.24}

(a) House of representatives plates shall be issued to members of the New Hampshire house of representatives, pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, house of representatives plates shall:

(1) Have the words "N.H. HOUSE" on the upper border;

(2) Have the years of term on the lower border;

(3) Have numerals designating the registrant's house seat; and

(4) Have the state seal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.22); renumbered by #12914 (formerly Saf-C 514.23); ss by #13521, eff 1-13-23 (formerly Saf-C 514.24)

N.H. Code Admin. R. Ann. Saf-C 513.25 Moped Plate {#sec-saf-c-513.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.25}

(a) Moped plates shall be issued to vehicles described in RSA 259:57.

(b) Moped plates shall:

(1) Have the letters "NH" and the word "MOPED"; and

(2) Have one to 5 alpha numerical characters.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.23); renumbered by #12914 (formerly Saf-C 514.24); ss by #13521, eff 1-13-23 (formerly Saf-C 514.25)

N.H. Code Admin. R. Ann. Saf-C 513.26 Motor Carrier Plate {#sec-saf-c-513.26 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.26}

(a) Motor carrier plates shall be issued to vehicles registered pursuant to RSA 375-A:17 and RSA 376:24.

(b) Motor carrier plates shall:

(1) Have the letters "NH" and the word "CARRIER"; and

(2) Have one to 4 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED-15-12
#10135, eff 5-23-12 (from Saf-C 514.24); renumbered by #12914 (formerly Saf-C 514.25); ss by #13521, eff 1-13-23 (formerly Saf-C 514.26)

N.H. Code Admin. R. Ann. Saf-C 513.27 Motorcycle Plate {#sec-saf-c-513.27 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.27}

(a) Motorcycle plates shall be issued to vehicles described in RSA 259:63 .

(b) Motorcycle plates shall have the letters "NH" and the word "MOTORCYCLE".

(1) Have one to 5 alpha numerical characters; and

(2) If a vanity plate, have one to 5 characters that conform with the requirements of Saf-C 513.62(c).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.25); renumbered by #12914 (formerly Saf-C 514.26); ss by #13521, eff 1-13-23 (formerly Saf-C 514.27)

N.H. Code Admin. R. Ann. Saf-C 513.28 Motorcycle or Moped Dealer Plate {#sec-saf-c-513.28 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.28}

(a) Motorcycle or moped dealer plates shall be issued to vehicles registered pursuant to RSA 261:113.

(b) Motorcycle or moped dealer plates shall:

(1) Have the letters "NH" and the word "MOTORCYCLE"; and

(2) Have 5 characters, the first of which shall be the letter "M", the last of which shall be a letter, and the remainder of which shall be numerals.

(c) The letter “M” shall designate the motorcycle or moped dealer plate, the numerals shall designate the register number of the particular motorcycle or moped dealer, and the final letter shall designate the particular plate in that dealer's series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.26); renumbered by #12914 (formerly Saf-C 514.27); ss by #13521, eff 1-13-23 (formerly Saf-C 514.27)

N.H. Code Admin. R. Ann. Saf-C 513.29 Multi-Use Decal Plates {#sec-saf-c-513.29 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.29}

Multi-Use decal plates authorized under RSA 261-B or RSA 261-C shall:

(a) Have up to 5 numerical or alpha characters, none of which shall be preceded solely by zeros;

(b) If a vanity plate as defined in Saf-C 508, have up to 5 characters that otherwise conform to the requirements of Saf-C 513.62(c);

(d) If a veteran vanity plate, shall have 1 to 5 characters that otherwise conform to the requirements of Saf-C 513.62(c).

History

#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.28); ss by #13521, eff 1-13-23 (formerly Saf-C 514.28)

N.H. Code Admin. R. Ann. Saf-C 513.30 Municipal Police Department Plate. {#sec-saf-c-513.30 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.30}

Municipal police department plates shall be issued to vehicles owned by a municipal police department and operated by municipal police officers pursuant to RSA 261:91.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.28); renumbered by #12914 (formerly Saf-C 514.29); ss by #13521, eff 1-13-23 (formerly Saf-C 514.29)

N.H. Code Admin. R. Ann. Saf-C 514.31 National Guard Plate {#sec-saf-c-514.31 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.31}

(a) National guard plates shall be issued to vehicles owned by a member, active or retired, of the New Hampshire national guard pursuant to RSA 261:91.

(b) National guard plates shall:

(1) Have the words "NATIONAL GUARD" on the left vertical border;

(2) Have the distinctive "MINUTE MAN" symbol; and

(3) Have one to 4 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.29); renumbered by #12914 (formerly Saf-C 514.30); ss by #13521, eff 1-13-23 (formerly Saf-C 514.30)

N.H. Code Admin. R. Ann. Saf-C 513.32 New and Used Motor Vehicle Dealer {#sec-saf-c-513.32 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.32}

(a) Motor vehicle dealer plates shall be issued to vehicles registered pursuant to RSA 261:104.

(b) Motor vehicle dealer plates shall:

(1) Have the letters "DLR" on the left vertical border; and

(2) Have 2 to 6 characters, one or 2 of which shall be letters, and the remainder of which shall be numerals.

(c) The numerals shall designate the register number of the particular dealer and the letter(s) shall designate the particular plate in that dealer’s series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.30); renumbered by #12914 (formerly Saf-C 514.31); ss by #13521, eff 1-13-23 (formerly Saf-C 514.31)

N.H. Code Admin. R. Ann. Saf-C 513.33 Passenger Plate {#sec-saf-c-513.33 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.33}

(a) Passenger plates shall be issued to vehicles registered pursuant to RSA 261:52, unless otherwise specified in these rules.

(b) Passenger plates shall:

(1) Have one to 7 numerical or alpha numerical characters, none of which shall be preceded solely by zeros; and

(2) If a vanity plate, have one to 7 characters that conform with the requirements of Saf-C 513.62(c).

(c) The use of passenger plates on pickup trucks shall not classify the vehicle as a passenger type vehicle for the purpose of width restrictions set forth in RSA 266:12.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.31); renumbered by #12914 (formerly Saf-C 514.32); ss by #13521, eff 1-13-23 (formerly Saf-C 514.32)

N.H. Code Admin. R. Ann. Saf-C 513.34 Permanent Local Plate {#sec-saf-c-513.34 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.34}

(a) Permanent local plates shall be issued to vehicles of local or county government, a school district, volunteer fire department, the civil air patrol, or a public or private educational institution used for the purpose of student driver training pursuant to RSA 261:92.

(b) Permanent local plates shall have 6 characters, the first of which shall be the letter "G", and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.32); renumbered by #12914 (formerly Saf-C 514.33); ss by #13521, eff 1-13-23 (formerly Saf-C 514.33)

N.H. Code Admin. R. Ann. Saf-C 513.35 Permanent Motorcycle Plate {#sec-saf-c-513.35 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.35}

(a) Permanent motorcycle plates shall be issued to motorcycles of local, county or state government, a school district, volunteer fire department, the civil air patrol, or a public or private educational institution used for the purpose of student driver training pursuant to RSA 261:92.

(b) Permanent motorcycle plates shall have 3 to 5 characters, the first 2 of which shall be the letters "MC", and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.33); renumbered by #12914 (formerly Saf-C 514.34); ss by #13521, eff 1-13-23 (formerly Saf-C 514.34)

N.H. Code Admin. R. Ann. Saf-C 513.36 Permanent National Guard Plate {#sec-saf-c-513.36 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.36}

(a) Permanent national guard plates shall be issued to vehicles owned and operated by the New Hampshire national guard.

(b) Permanent national guard plates shall:

(1) Have the words “OFFICIAL” on the left vertical border; and

(2) Have 3 to 6 characters, the first 2 of which shall be the letters "NG", and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.34); renumbered by #12914 (formerly Saf-C 514.35); ss by #13521, eff 1-13-23 (formerly Saf-C 514.35)

N.H. Code Admin. R. Ann. Saf-C 513.37 Permanent Unlisted Plate {#sec-saf-c-513.37 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.37}

Permanent unlisted plates shall be issued to vehicles owned by entities described in RSA 261:92 upon request and in accordance with the requirements set forth in Saf-C 504.04(c). Permanent unlisted plates shall also be issued to law enforcement agents of the federal government or other states.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.35); renumbered by #12914 (formerly Saf-C 514.36); ss by #13521, eff 1-13-23 (formerly Saf-C 514.36)

N.H. Code Admin. R. Ann. Saf-C 513.38 Postmaster Plate {#sec-saf-c-513.38 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.38}

(a) Postmaster plates shall be issued, upon request, to one vehicle of a current postmaster.

(b) Postmaster plates shall be vanity plates which have the 5 numerals of the postmaster's zip code.

(c) Postmaster plates shall be surrendered to the department at the normal expiration date of the vehicle registration immediately following the termination of postmaster status.

(d) If a city has multiple zip codes, the postmaster shall be authorized to assign the remaining zip codes to postal carriers. A postal carrier shall surrender the plates to the department at the normal expiration date of the vehicle registration immediately following their termination as a postal carrier.

(e) In the event a current postmaster does not wish to obtain a postmaster plate, they may request the department to issue a postmaster plate to a previous postmaster or to a postal carrier. The postmaster plates shall expire and be surrendered to the department immediately following the termination of the current postmaster's status.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.36); renumbered by #12914 (formerly Saf-C 514.37); ss by #13521, eff 1-13-23 (formerly Saf-C 514.37)

N.H. Code Admin. R. Ann. Saf-C 513.39 Former Prisoner of War Plate {#sec-saf-c-513.39 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.39}

(a) Former prisoner of war plates shall be issued to a vehicle owned by a former prisoner of war pursuant to RSA 261:86, I(c).

(b) Former prisoner of war plates shall:

(1) Have the letters "POW" on the left vertical border;

(2) Have 3 horizontal barbed-wire symbols; and

(3) Have 3 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500), EXPIRED: 10-17-11
#10135, eff 5-23-12 (from Saf-C 514.37); renumbered by #12914 (formerly Saf-C 514.38); ss by #13521, eff 1-13-23 (formerly Saf-C 514.38)

N.H. Code Admin. R. Ann. Saf-C 513.40 Purple Heart Plate {#sec-saf-c-513.40 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.40}

(a) Purple heart plates shall be issued to a vehicle owned by a person who was awarded the Purple Heart medal pursuant to RSA 261:86, I(d).

(b) Purple heart plates shall:

(1) Have the purple heart medal with the words "PURPLE HEART" on the left vertical border; and

(2) Have one to 4 alpha numerical characters.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.38); renumbered by #12914 (formerly Saf-C 514.39); ss by #13521, eff 1-13-23 (formerly Saf-C 514.39)

N.H. Code Admin. R. Ann. Saf-C 513.41 Purple Heart Motorcycle Plate {#sec-saf-c-513.41 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.41}

(a) Purple heart motorcycle plates shall be issued to a motorcycle owned by a person who was awarded the Purple Heart medal pursuant to RSA 261:86, I(d).

(b) Purple heart motorcycle plates shall:

(1) Have the purple heart medal with the words “PURPLE HEART” on the left vertical border; and

(2) Have one to 3 alpha numerical characters.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.39); renumbered by #12914 (formerly Saf-C 514.40); ss by #13521, eff 1-13-23 (formerly Saf-C 514.40)

N.H. Code Admin. R. Ann. Saf-C 513.42 Repair Plate {#sec-saf-c-513.42 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.42}

(a) Repair plates shall be issued to vehicles registered pursuant to RSA 261:136.

(b) Repair plates shall have 6 characters, the first of which shall be the letter "R", the last of which shall be a letter, and the remainder of which shall be numerals.

(c) The letter "R" shall designate the repair plate, the numerals shall designate the register number of the particular repairer, and the final letter shall designate the particular plate in that repairer's series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.40); renumbered by #12914 (formerly Saf-C 514.41); ss by #13521, eff 1-13-23 (formerly Saf-C 514.41)

N.H. Code Admin. R. Ann. Saf-C 5134.43 Repair Plate - Supplemental {#sec-saf-c-5134.43 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 5134.43}

(a) A supplemental repair plate shall be issued to repairers as described in Saf-C 2005.02 and Saf-C 2005.03.

(b) Supplemental repair plates shall have 6 characters, the first 2 of which shall be the letters “RS”, and the remainder of which shall be numerals.

(c) The letters "RS" shall designate the supplemental repair plate and the numerals shall designate the register number of the particular repairer.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.41); renumbered by #12914 (formerly Saf-C 514.42); ss by #13521, eff 1-13-23 (formerly Saf-C 514.42)

N.H. Code Admin. R. Ann. Saf-C 513.44 School Bus Plate {#sec-saf-c-513.44 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.44}

(a) School bus plates shall be issued to vehicles described in RSA 261:141, III(q).

(b) School bus plates shall have 6 characters, 2 of which shall be the letters "SB", and the remainder of which shall be numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.42); renumbered by #12914 (formerly Saf-C 514.43); ss by #13521, eff 1-13-23 (formerly Saf-C 514.43)

N.H. Code Admin. R. Ann. Saf-C 513.45 Senate Plate {#sec-saf-c-513.45 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.45}

(a) Senate plates shall be issued to members of the New Hampshire senate pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, senate plates shall:

(1) Have the word "SENATE";

(2) Have the years of term;

(3) Have a numeral from one to 24 corresponding to the number of the senatorial district; and

(4) Have the state seal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.43); renumbered by #12914 (formerly Saf-C 514.44); ss by #13521, eff 1-13-23 (formerly Saf-C 514.44)

N.H. Code Admin. R. Ann. Saf-C 513.46 Sheriff Plate {#sec-saf-c-513.46 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.46}

(a) Sheriff plates shall be issued, upon request, to vehicles owned by a sheriff's department and operated by county or deputy sheriffs pursuant to RSA 261:91.

(b) Sheriff plates shall:

(1) Have the word "SHERIFF";

(2) Have one or 2 numerals; and

(3) Have the name of the county.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 514.43); renumbered by #12914 (formerly Saf-C 514.45); ss by #13521, eff 1-13-23 (formerly Saf-C 514.45)

N.H. Code Admin. R. Ann. Saf-C 513.47 Sheriff Motorcycle Plate {#sec-saf-c-513.47 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.47}

(a) Sheriff motorcycle plates shall be issued, upon request, to motorcycles owned by a sheriff's department and operated by county or deputy sheriffs pursuant to RSA 261:91.

(b) Sheriff motorcycle plates shall:

(1) Have the word "SHERIFF" on the upper border;

(2) Have the words "NH MC" on the lower border; and

(3) Have one to 3 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.46); ss by #13521, eff 1-13-23 (formerly Saf-C 514.46)

N.H. Code Admin. R. Ann. Saf-C 513.48 State Government Plate {#sec-saf-c-513.48 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.48}

(a) State government plates shall be issued to state-owned vehicles pursuant to RSA 261:92.

(b) State government plates shall:

(1) Have the word "OFFICIAL" on the left vertical border; and

(2) Have one to 3 letters and one to 4 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.47); ss by #13521, eff 1-13-23 (formerly Saf-C 514.47)

N.H. Code Admin. R. Ann. Saf-C 513.49 State Police Plate {#sec-saf-c-513.49 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.49}

(a) State police plates shall be issued to vehicles of the New Hampshire state police pursuant to RSA 261:91.

(b) State police plates shall:

(1) Have the words "DEPT. OF SAFETY" on the lower border;

(2) Have the words "STATE POLICE"; and

(3) Have one to 3 numerals.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 renumbered by #12914 (formerly Saf-C 514.48); ss by #13521, eff 1-13-23 (formerly Saf-C 514.47); ss by #13521, eff 1-13-23 (formerly Saf-C 514.48)

N.H. Code Admin. R. Ann. Saf-C 513.50 State Police Motorcycle Plate {#sec-saf-c-513.50 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.50}

(a) State police motorcycle plates shall be issued to motorcycles of the New Hampshire state police pursuant to RSA 261:91.

(b) State police motorcycle plates shall:

(1) Have the words "STATE POLICE" and "MOTORCYCLE"; and

(2) Have a numeral from one to 999.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.49); ss by #13521, eff 1-13-23 (formerly Saf-C 514.49)

N.H. Code Admin. R. Ann. Saf-C 513.51 Secretary of State Plate {#sec-saf-c-513.51 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.51}

(a) Secretary of state plates shall be issued to vehicles of the secretary of state pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, secretary of state plates shall:

(1) Have the words "SECRETARY OF STATE";

(2) Have the years of term; and

(3) Have the state seal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.50); ss by #13521, eff 1-13-23 (formerly Saf-C 514.50)

N.H. Code Admin. R. Ann. Saf-C 513.52 State Treasurer Plate {#sec-saf-c-513.52 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.52}

(a) State treasurer plates shall be issued to vehicles of the state treasurer pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, state treasurer plates shall:

(1) Have the words "STATE TREASURER";

(2) Have the years of term; and

(3) Have the state seal.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.51); ss by #13521, eff 1-13-23 (formerly Saf-C 514.51)

N.H. Code Admin. R. Ann. Saf-C 513.53 Street Rod Plate {#sec-saf-c-513.53 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.53}

(a) Street rod plates shall be issued to vehicles described in RSA 259:106-a.

(b) Street rod plates shall:

(1) Have the words "STREET ROD"; and

(2) Have a numeral from one to 999.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.52); ss by #13521, eff 1-13-23 (formerly Saf-C 514.52)

N.H. Code Admin. R. Ann. Saf-C 513.54 Superior Court Plate {#sec-saf-c-513.54 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.54}

(a) Superior court plates shall, upon request to the commissioner’s office, be issued to one vehicle owned by each active member of the New Hampshire superior court pursuant to RSA 261:91.

(b) Superior court plates shall:

(1) Have one or 2 numerals;

(2) Have the words "SUPERIOR COURT" on the left vertical border; and

(3) Be distributed in ascending order pursuant to the appointment date of each justice.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.53); ss by #13521, eff 1-13-23 (formerly Saf-C 514.53)

N.H. Code Admin. R. Ann. Saf-C 513.55 Supreme Court Plate {#sec-saf-c-513.55 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.55}

(a) Supreme court plates shall, upon request to the commissioner’s office, be issued to one vehicle owned by each active member of the New Hampshire supreme court pursuant to RSA 261:91.

(b) Supreme court plates shall:

(1) Have the words "SUPREME COURT" on the left vertical border;

(2) Have one numeral; and

(3) Be distributed in ascending order pursuant to the appointment date of each justice on the supreme court bench, except that the chief justice shall always be issued the lowest number.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.54); ss by #13521, eff 1-13-23 (formerly Saf-C 514.54)

N.H. Code Admin. R. Ann. Saf-C 513.56 Temporary Plate {#sec-saf-c-513.56 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.56}

(a) Any resident of this state who intends to purchase a vehicle in another state or from another person or who is unable to register a vehicle because of limited hours of operation of the town clerk in the town where the person resides may apply to the division or its substation or authorized agent nearest his or her residence for a registration to drive said vehicle on the ways of the state in an unregistered condition.

(b) Twenty day temporary plates shall be issued to vehicles registered pursuant to RSA 261:57.

(1) Have the letters "NH" and "TEMP";

(2) Have 6 numerals; and

(3) Reflect the date of expiration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.55); ss by #13521, eff 1-13-23 (formerly Saf-C 514.55)

N.H. Code Admin. R. Ann. Saf-C 513.57 Trailer Plate {#sec-saf-c-513.57 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.57}

(a) Trailer plates shall be issued to vehicles described in RSA 259:113.

(b) Trailer plates shall:

(1) Have 6 alpha numerical characters, one of which shall be the letter "T"; and

(2) If a vanity plate, have the word "TRAILER" on the left vertical border, followed by 6 characters that conform with the requirements of Saf-C 513.62(c).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.56); ss by #13521, eff 1-13-23 (formerly Saf-C 514.57)

N.H. Code Admin. R. Ann. Saf-C 513.58 Transporter Plate {#sec-saf-c-513.58 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.58}

(a) Transporter plates shall be issued to vehicles registered pursuant to RSA 261:115.

(b) Transporter plates shall have 6 characters, the first of which shall be the letter "T", the last of which shall be a letter, and the remainder of which shall be numerals.

(c) The letter “T” shall designate the transporter plate, the numerals shall designate the register number of the particular transporter, and the final letter shall designate the particular plate in that transporter's series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.57); ss by #13521, eff 1-13-23 (formerly Saf-C 514.58)

N.H. Code Admin. R. Ann. Saf-C 513.59 United States Congressman Plate {#sec-saf-c-513.59 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.59}

(a) United States congressman plates shall be issued to vehicles of members of the United States House of Representatives pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, United States congressman plates shall:

(1) Have the words "U.S. CONGRESS";

(2) Have the state seal;

(3) Have the numeral one or 2; and

(4) Have the years of term on the lower border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.58); ss by #13521, eff 1-13-23 (formerly Saf-C 514.59)

N.H. Code Admin. R. Ann. Saf-C 513.60 United States Senator Plate {#sec-saf-c-513.60 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.60}

(a) United States senator plates shall be issued to vehicles of members of the United States Senate pursuant to RSA 261:90.

(b) In addition to the requirements set forth in RSA 261:90, United States senator plates shall:

(1) Have the words "U.S. SENATE";

(2) Have the state seal;

(3) Have the numeral one or 2; and

(4) Have the years of term on the lower border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.59); ss by #13521, eff 1-13-23 (formerly Saf-C 514.60)

N.H. Code Admin. R. Ann. Saf-C 513.61 Utility Dealer Plate {#sec-saf-c-513.61 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.61}

(a) In accordance with RSA 261:121, utility dealer plates shall be used only for moving non-motorized vehicles, modular buildings, or chassis with specialized equipment which are either owned or not owned by the utility dealer for business purposes, including but not limited to delivery, demonstration, sale, or repair.

(b) Utility dealer plates shall have 6 characters, the first of which shall be the letter "U", the last of which shall be a letter, and the remainder of which shall be numerals.

(c) The letter "U" shall designate the utility dealer plate, the numerals shall designate the register number of the particular utility dealer, and the final letter shall designate the particular plate in that utility dealer's series.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.61); ss by #13521, eff 1-13-23 (formerly Saf-C 514.61)

N.H. Code Admin. R. Ann. Saf-C 513.62 Initial or Vanity Registration Plate {#sec-saf-c-513.62 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.62}

(a) Pursuant to RSA 261:89, an initial or vanity registration plate shall be issued in lieu of the classifications listed in (b) below, provided that the applicant has complied with the requirements of Saf-C 508 and paragraph (c) below.

(b) Initial or vanity plates shall be available for the following classifications, pursuant to (a) above:

(1) Passenger plates;

(2) Commercial plates;

(3) Antique plates;

(4) Motorcycle plates;

(5) Veteran’s plates, to include disabled veteran’s plates;

(6) Trailer plates;

(7) Street rod plates;

(8) Walking disability plates, including motorcycle plates;

(9) Purple heart plates, including motorcycle plates;

(10) Apportioned plates;

(11) National Guard plates;

(12) Active duty military plates;

(13) Conservation plates;

(14) State park plates;

(15) Conservation park plates;

(16) Disabled veteran motorcycle plates;

(17) Decal plates; and

(18) Veteran decal plates.

(1) Include a zero;

(2) According to the plain and ordinary meaning of the characters on the vanity registration plate, expressly refers to or is commonly associated with any of the following subjects, in any language, whether read forward, backward, by mirror image or by phonetic spelling:

a. Intimate body parts or genitals;

b. Profane or vulgar sexual or excretory acts or functions;

c. Words or terms of profanity or obscenity;

d. Advocating violence;

e. Illegal activities;

f. Illegal drugs or intoxicants;

g. Gangs; or

h. Racial, ethnic, religious, gender or, sexual orientation slur, discrimination, genocide, hatred, or bigotry;

(3) Have more than 7 characters;

(4) Have more than 2 ampersands, plus signs, or minus signs, and which shall not be consecutive, such as &&;

(5) Have any characters other than ampersands, numerals, plus signs, minus signs, or letters;

(6) Have only numerals or only numerals and ampersands, plus signs, or minus signs; and

(7) Have characters or combinations of characters which may cause difficulty of distinction or identification.

(d) The director or designee shall recall any initial or vanity registration plate that has been issued which does not conform with the requirements of (c) above, regardless of when the plate was originally issued, as follows:

(1) The director shall notify in writing any person whose initial or vanity registration plate is being recalled. The notification shall identify the non-conformity of the plate and explain the procedure for obtaining another plate;

(2) Any person whose initial or vanity registration plate has been recalled shall elect to receive either a refund or a credit of the special vanity plate service fee for the prorated remaining registration period; and

(3) Upon the surrender of an initial or vanity registration plate that has been recalled, or 30 days after notification as noted in (d)(1) above, the temporary vanity plate shall be invalidated, and the applicant shall receive a number plate of the same classification type for the remaining registration period at no additional cost.

(e) A person whose initial or vanity registration plate has been recalled may submit a written request to the director setting forth a detailed explanation as to the reasons why such an initial or vanity registration plate should be issued. The director's decision shall be final.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #10635, INTERIM, eff 7-14-14, EXPIRED: 1-12-15
#10769, eff 1-21-15; amd by #12581, eff 7-20-18; amd by #12914, eff 11-6-19 (formerly Saf-C 514.61); ss by #13521, eff 1-13-23 (formerly Saf-C 514.62)

N.H. Code Admin. R. Ann. Saf-C 513.63 Veteran Plate {#sec-saf-c-513.63 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.63}

(a) Veteran plates shall be issued to a motor vehicle registered pursuant to RSA 261:87-b.

(b) Veteran plates shall:

(1) Have the word "VETERAN" on the upper border;

(2) Have the letter "V", followed by one to 5 alpha numerical characters; and

(3) If a vanity plate, have one to 6 characters that conform with the requirements of Saf-C 513.62(c).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.62); ss by #13521, eff 1-13-23 (formerly Saf-C 514.63)

N.H. Code Admin. R. Ann. Saf-C 513.64 Veteran Motorcycle Plate {#sec-saf-c-513.64 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.64}

(a) Veteran motorcycle plates shall be issued to a motorcycle registered pursuant to RSA 261:87-b.

(b) Veteran motorcycle plates shall:

(1) Have the word "VETERAN" on the upper border;

(2) Have the letter "V", followed by one to 4 alpha numerical characters; and

(3) If a vanity plate, have one to 4 characters that conform with the requirements of Saf-C 513.62(c).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.63); ss by #13521, eff 1-13-23 (formerly Saf-C 514.64)

N.H. Code Admin. R. Ann. Saf-C 513.65 Walking Disability Plate {#sec-saf-c-513.65 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.65}

(a) Walking disability plates shall be issued to vehicles or motorcycles owned by an applicant with a walking disability pursuant to RSA 261:88.

(b) Walking disability plates for vehicles shall:

(1) Have the statutorily-required universal symbol of accessibility; and

(2) Have one to 4 alpha numerical characters.

(1) Have the statutorily-required universal symbol of accessibility;

(2) Have one to 3 alpha numerical characters; and

(3) Have the word “MOTORCYCLE” on the lower border.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.64); ss by #13521, eff 1-13-23 (formerly Saf-C 514.65)

N.H. Code Admin. R. Ann. Saf-C 513.66 Wholesale Plate {#sec-saf-c-513.66 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.66}

(a) Wholesale plates shall be issued to vehicles registered pursuant to RSA 261:140-a.

(b) Wholesale plates shall have 6 characters, the first 2 of which shall be the letters "WO" and the remainder of which shall be numerals.

(c) The letters “WO” shall designate the wholesale plate and the numerals shall designate the register number of the particular wholesale dealer.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.65); ss by #13521, eff 1-13-23 (formerly Saf-C 514.66)

N.H. Code Admin. R. Ann. Saf-C 513.67 Conservation Number Plates. {#sec-saf-c-513.67 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 513.67}

(a) A special conservation plate or special vanity conservation plate shall be issued to vehicles, in lieu of other plate types, pursuant to RSA 261:97-a.

(b) Plates shall be renewed on an annual basis for $30 per set.

Saf 513.68 Special Registration Plate Symbol. Pursuant to RSA 261:75-c, a special registration plate symbol shall be issued, upon request, to private passenger vehicles, recreational vehicles, and motorcycles for the purpose of benefitting the state park system. The special registration plate symbol shall serve as a character in the registration number and issued in accordance with the requirements of RSA 261:75-c.

History

#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.66); ss by #13521, eff 1-13-23 (formerly Saf-C 514.67)
#10135, eff 5-23-12; renumbered by #12914 (formerly Saf-C 514.67); ss by #13521, eff 1-13-23 (formerly Saf-C 514.68)

Part Saf-C 514 Registration Plates

N.H. Code Admin. R. Ann. Saf-C 514.01 Color of Plates {#sec-saf-c-514.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.01}

(a) Registration plates shall have color combinations as follows:

(1) Temporary 20 day plate issued by the department - brown on white; and

(2) Supplemental repair plate issued by the department – orange on white.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.01)

N.H. Code Admin. R. Ann. Saf-C 514.02 Number of Plates {#sec-saf-c-514.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.02}

(a) The department shall issue 2 registration plates except for the following:

(1) Trailer plates;

(2) Dealer plates, all classes;

(3) Motorcycle plates;

(4) Moped plates;

(5) Motor carrier plates;

(6) Temporary plates;

(7) Tractor plates;

(8) Street rod plates; and

(9) Construction equipment plates.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.02)

N.H. Code Admin. R. Ann. Saf-C 514.03 Location of Plates {#sec-saf-c-514.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.03}

(a) All registration plates shall be securely affixed to the vehicle and shall be mounted so that the characters appear right-side up.

(b) If 2 registration plates are issued, one each shall be placed on the front and rear of the vehicle in the spaces provided by the manufacturer.

(c) Notwithstanding (b) above, if the vehicle does not have a manufacturer's space provided or if the vehicle has a snowplow mounted which would obscure the manufacturer's mounting bracket, the following shall apply:

(1) The registration plates shall be affixed in a clearly visible location which permits easy identification; and

(2) The rear plate shall be affixed so that it is illuminated by the white license plate light whenever the headlamps or parking lights are illuminated.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.03)

N.H. Code Admin. R. Ann. Saf-C 514.04 Display of Original Plate on Antique Motor Vehicles, Motorcycles and Trailers {#sec-saf-c-514.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.04}

(a) An applicant for an antique motor vehicle, motorcycle, or trailer plate may request a permit, pursuant to RSA 261:89-a, to display a registration plate which was issued in the same year that the antique motor vehicle, motorcycle, or trailer was manufactured.

(b) Each applicant shall submit the following:

(1) A current antique motor vehicle, motorcycle, or trailer registration; and

(2) The number of the antique plate to be displayed on the antique motor vehicle, motorcycle, or trailer.

(d) The registration plate issued in the same year of manufacture of the antique motor vehicle, motorcycle, or trailer shall be displayed in accordance with RSA 261:89-a.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.04)

N.H. Code Admin. R. Ann. Saf-C 514.05 Location of Decals {#sec-saf-c-514.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.05}

(a) Validation decals issued to a motor vehicle, semi-trailer, or trailer renewal registration shall be affixed to the registration plate. The decals shall reflect the month and year of expiration of the registration.

(b) Validation decals issued to a motorcycle shall be affixed to the registration plate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.05)

N.H. Code Admin. R. Ann. Saf-C 514.06 Obstruction of Registration Plate {#sec-saf-c-514.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.06}

No person shall operate a vehicle in this state with a registration plate that is obstructed from view in any fashion.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.06)

N.H. Code Admin. R. Ann. Saf-C 514.07 Time for Display {#sec-saf-c-514.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.07}

The owner of a properly registered vehicle for the succeeding year may display the registration plates or decals for that year in place of those plates or decals of the current year. In such an event the registrant shall carry both the current and succeeding certificates of registration in the vehicle.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.07)

N.H. Code Admin. R. Ann. Saf-C 514.08 Exchanging Registration Plate {#sec-saf-c-514.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.08}

(a) No registration plate, once issued, shall be exchanged from one person to another, from one vehicle to another, or for a different registration plate except as required by statute or these rules.

(b) Upon expiration of the registration, the registration plate assigned to such registration shall not be issued to a person other than the prior registrant for a period of at least 30 days subsequent to the last day of the expiration month.

(1) Issued the same registration plate for a subsequently registered vehicle if the registrant is the first named person designated on the New Hampshire registration certificate bearing the registration plate being transferred;

(2) Allowed to transfer a registration plate to the transferee if the transfer meets the provisions of (f) below; or

(3) Allowed to transfer a registration plate to the transferee, if the transferee submits:

a. A written statement from the transferor-registrant releasing the registration plate and waiving all rights to transfer credits; and

b. The transferor's registration certificate.

(d) In the case of (b) above, the transferor shall waive all rights to transfer credits which may accrue as provided in RSA 261:150.

(e) Pursuant to RSA 261:66, the spouse of the registrant may request for a period of at least 30 days subsequent to the last day of the expiration month, for the issuance of the same registration number and plate to any vehicle owned by the spouse, provided the registration number and plate is appropriate to the particular class of vehicle.

(f) In the case of a transfer of a lease registration, a person may receive transfer credits as provided in RSA 261:66, IV and RSA 261:150, III, provided one of the following applies:

(1) The person listed as the primary owner on the new registration is the same as one of the lessees on the prior lease agreement;

(2) The person listed as the lessee on the new registration is the primary owner on the prior registration; or

(3) The person listed as the lessee on both registrations is the same.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.08)

N.H. Code Admin. R. Ann. Saf-C 514.09 Recall of Registration Number {#sec-saf-c-514.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 514.09}

Notwithstanding any rule to the contrary, the department shall recall any registration plate or series of plates, in cases of, but not limited to, defect, mistake or duplication. In such cases, a replacement plate or plates and corrected certificate of registration shall be immediately issued.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500) ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 515.09)

Part Saf-C 515 Replacement Registration Plate

N.H. Code Admin. R. Ann. Saf-C 515.01 Application, Data Required {#sec-saf-c-515.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 515.01}

(a) A registrant applying for a replacement registration plate shall furnish the following on the prescribed form:

(1) Name and address;

(2) Certification that the plate issued has been lost, stolen, damaged, or destroyed;

(3) Whether the loss has been reported to a local police department and the name of such department;

(4) The registration plate number and type; and

(5) Signature of the registrant.

(b) The application form shall be submitted, in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 516.01)

N.H. Code Admin. R. Ann. Saf-C 515.02 Issuance of Stolen Replacement Plate {#sec-saf-c-515.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 515.02}

(a) Upon receipt of an application for a replacement plate for a vehicle to which one plate was originally issued, the department shall issue a registration plate with a different number, if the registration plate was reported to a law enforcement agency as stolen. The number of the stolen registration plate shall not be reissued until the registrant's time for registration renewal.

(b) Upon receipt of an application for one replacement plate for a vehicle to which 2 plates were originally issued, the department shall issue 2 registration plates with a different number, if the registration plate was reported to a law enforcement agency as stolen. The number of the stolen registration plate shall not be reissued until the registrant’s time for registration renewal.

(c) Upon receipt of an application for 2 replacement plates for a vehicle to which 2 plates were originally issued, the department shall issue 2 registration plates with a different number, if the registration plates were reported to a law enforcement agency as stolen. The number of the stolen registration plates shall not be reissued until the registrant's time for registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 516.02)

N.H. Code Admin. R. Ann. Saf-C 515.03 Issuance of Lost Replacement Plate {#sec-saf-c-515.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 515.03}

(a) Upon receipt of an application for a replacement plate for a vehicle to which one plate was originally issued, the department shall immediately have a matching replacement plate manufactured and forwarded to the registrant, unless the registrant requests a registration plate with a different number.

(b) Upon receipt of an application for one replacement plate for a vehicle to which 2 plates were originally issued, the department shall immediately have a matching replacement plate manufactured and forwarded to the registrant, unless the registrant requests 2 registration plates with a different number.

(c) Upon receipt of an application for 2 replacement plates for a vehicle to which 2 plates were originally issued, the department shall immediately have a matching set of replacement plates manufactured and forwarded to the registrant, unless the registrant requests 2 registration plates with a different number.

(d) When a registrant requests one or 2 replacement plates with the same number, because they believe the plate(s) are lost, the registrant shall release the department from any and all liability in the event any action is taken which indicates that the plate(s) for which the replacements are issued are stolen.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 516.03)

N.H. Code Admin. R. Ann. Saf-C 515.04 Defective Decal, Registration Plate {#sec-saf-c-515.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 515.04}

In the event a registrant receives a defective decal or registration plate, the registrant shall return the defective decal or registration plate to the department. The registrant shall be issued a substitute decal or registration plate without charge.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 516.04)

Part Saf-C 516 Operation of Uninspected Motor Vehicle

N.H. Code Admin. R. Ann. Saf-C 516.01 Permit, Where Submitted {#sec-saf-c-516.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 516.01}

Permit forms to operate an uninspected motor vehicle shall be submitted, in person to a substation or authorized municipal agent or, in person or by mail, to:

The Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 517.01)

N.H. Code Admin. R. Ann. Saf-C 516.02 Permit, Data Required {#sec-saf-c-516.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 516.02}

(a) An applicant for a permit to operate an uninspected motor vehicle shall furnish the following to the department:

(1) Name and address;

(2) Full description of the vehicle; and

(3) Certification that the vehicle is safe for highway use.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 517.02)

N.H. Code Admin. R. Ann. Saf-C 516.03 Cause for Issuance of Permit {#sec-saf-c-516.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 516.03}

(a) A permit to operate an uninspected motor vehicle shall be issued to:

(1) A registrant who will be out-of-state during the entire month of inspection; or

(2) A registrant whose vehicle is uninspected and whose month of inspection has passed.

(b) The permit shall only authorize operation of an uninspected vehicle, provided the vehicle is properly registered, during the time interval stated, not to exceed 30 days.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12 (paras (a) & (b))
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 517.03)

N.H. Code Admin. R. Ann. Saf-C 516.04 48-Hour Permit {#sec-saf-c-516.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 516.04}

Notwithstanding any other rule to the contrary, upon receipt of the information set forth in Saf-C 516.02, a permit to operate an uninspected motor vehicle shall be issued to a person for a period not to exceed 48 hours, for the sole purpose of taking the vehicle to an authorized inspection station, provided the vehicle is properly registered. No person shall be issued a permit pursuant to this section more than once in a single registration period.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 517.04)

Part Saf-C 517 Twenty Day Permits

N.H. Code Admin. R. Ann. Saf-C 517.01 Application for a Twenty Day Permit {#sec-saf-c-517.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 517.01}

(a) The department shall furnish application forms for 20 day permits at the division of motor vehicles, 23 Hazen Drive, Concord, N.H. 03305 and at any substation.

(b) The application for a 20 day permit shall include the following:

(1) Name, address, date of birth, and driver license number;

(2) Proof of identity, as described in Saf-C 517.03;

(3) Description of the vehicle, including:

a. Make, model, color;

b. Vehicle identification number; and

c. Year of manufacture;

(4) Name and legal address of person selling the vehicle;

(5) Proof of ownership;

(6) Certification by the applicant that they are a resident of New Hampshire, and that they have not previously applied for or been issued a 20 day permit for the vehicle;

(7) A statement that the vehicle meets all New Hampshire inspection requirements and is in safe operating condition;

(8) A statement that all the information on the application is true; and

(9) Signature of the owner.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 518.01)

N.H. Code Admin. R. Ann. Saf-C 517.02 Proof of Residency {#sec-saf-c-517.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 517.02}

Upon submitting the application as set forth above, the owner shall furnish proof of New Hampshire residency in accordance with RSA 263:5-e.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 518.02)

N.H. Code Admin. R. Ann. Saf-C 517.03 Proof of Identity {#sec-saf-c-517.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 517.03}

(a) Upon submitting the application as set forth above, the owner shall furnish positive proof of identification to the department.

(b) Proof shall include one or more of the following:

(1) Current driver license or driver license which has expired no more than 12 months prior to the date of application;

(2) Current passport;

(3) Military discharge papers;

(4) Current non-driver identification card or non-driver identification card which has expired no more than 12 months prior to the date of application;

(5) A birth certificate;

(6) Military identification card;

(7) A government issued identification;

(8) An employee photo identification card;

(9) Permanent resident card; or

(10) Naturalization certificate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 518.03)

N.H. Code Admin. R. Ann. Saf-C 517.04 Vehicle Purchased from New Hampshire Dealer {#sec-saf-c-517.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 517.04}

No 20 day permit shall be issued to a vehicle purchased or intended to be purchased from a New Hampshire dealer.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 518.04)

N.H. Code Admin. R. Ann. Saf-C 517.05 Issuance of Permit {#sec-saf-c-517.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 517.05}

Upon receipt of the materials set forth above and the statutory fee, the department shall issue a 20 day permit and temporary registration plate. The permit shall reflect the information set forth in Saf-C 517.01.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 518.05)

Part Saf-C 518 Registration by Municipal Agents

N.H. Code Admin. R. Ann. Saf-C 518.01 Eligibility {#sec-saf-c-518.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.01}

In order to be eligible for appointment as a municipal registration agent, an applicant shall be a town or city clerk, or other municipal official designated by the municipality to issue motor vehicle registration permits.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.01)

N.H. Code Admin. R. Ann. Saf-C 518.02 Application {#sec-saf-c-518.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.02}

(a) Each applicant for appointment as a municipal agent pursuant to RSA 261:74-a, shall furnish the following to the department:

(1) Name, address, and official title;

(2) A request that the applicant be appointed a municipal agent;

(3) A list of all employees whom the applicant wishes to register vehicles, as authorized by the director;

(4) Certification by the applicant that the applicant:

a. Has read PART Saf-C 518;

b. Is familiar with the requirements set forth therein;

c. Will comply with all of the requirements if the applicant is appointed a municipal agent;

d. Will ensure that all employees engaged in registering vehicles under the applicant’s direction comply with the requirements; and

e. Understand that the applicant will be held responsible for the performance of the employees; and

(5) Signature of the applicant.

(b) Each application shall be accompanied by a letter from the governing body of the city or town in which the applicant is employed. The letter shall approve the appointment of the applicant as a municipal agent.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.02)

N.H. Code Admin. R. Ann. Saf-C 518.03 Interview {#sec-saf-c-518.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.03}

(a) Upon submission of an application that might indicate a lack in qualification or fitness for appointment as a municipal agent, the director shall require an applicant to appear for a personal interview.

(b) The director shall inform the applicant in writing of the interview. The written notice shall include the date, time, and location of the interview.

(c) In the event an applicant refuses or neglects to appear for a scheduled interview, the director shall deny the applicant’s application.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.03)

N.H. Code Admin. R. Ann. Saf-C 518.04 Appointment {#sec-saf-c-518.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.04}

(a) The director shall review each application submitted pursuant to Saf-C 518.02 and the results of any interview conducted pursuant to Saf-C 518.03. Following the review, the director shall determine whether to appoint an applicant as a municipal agent.

(b) No appointment shall be effective without the approval of the commissioner.

(c) No appointment shall be effective, regardless of any effective date noted in any certificate of appointment, until the appointee:

(1) Signs the contract required by Saf-C 518.05;

(2) Completes the training requirements set forth in Saf-C 518.06; and

(3) Files the bond required by Saf-C 518.08.

(d) Each appointment shall be conditioned upon the appointee's adherence to all aspects of the contract required by Saf-C 518.05, as well as all the requirements set forth in these rules pertaining to the duties and responsibilities of a municipal agent. Any appointment shall be revoked pursuant to RSA 261:74-f, II, for failure to adhere to the contract or failure to comply with all applicable requirements.

(e) All appointments shall expire in accordance with RSA 261:74-a, unless revoked pursuant to RSA 261:74-b or 74-f or these rules.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.04)

N.H. Code Admin. R. Ann. Saf-C 518.05 Contract {#sec-saf-c-518.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.05}

(a) Any person appointed as a municipal agent pursuant to Saf-C 518.04 shall sign a contract which shall set forth the terms and conditions of their agency.

(b) The contract shall also be signed by the director.

(c) The contract shall not be construed as a waiver of any requirement or right imposed upon, or accorded to any municipal agent, or the division pursuant to RSA 261:74-a-74-g or these rules.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.05)

N.H. Code Admin. R. Ann. Saf-C 518.06 Training {#sec-saf-c-518.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.06}

(a) Upon appointment, each municipal agent shall complete an initial training program, which shall be conducted at the division of motor vehicles, 23 Hazen Drive, Concord, New Hampshire, or such other location as the director shall determine. Each municipal agent shall also be required to complete refresher courses as necessary, which shall be conducted at the same location or such other location as the director shall determine.

(b) Each employee of a municipal agent who will be responsible for registering vehicles shall complete the initial training program set forth in this section before engaging in the registration of any vehicle.

(d) Upon successful completion of the initial training program, the municipal agent shall be issued a certificate of appointment.

(e) Upon successful completion of the initial training program, each employee of the municipal agent shall be issued a certificate indicating successful completion.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.06)

N.H. Code Admin. R. Ann. Saf-C 518.07 Vehicle Registration Rules {#sec-saf-c-518.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.07}

Re-Training.

(a) In the event a municipal agent or employee is deficient in any area necessary to the completion of the registration process assigned to the municipal agent, the director shall require the municipal agent or employee to undergo re-training.

(b) Depending upon the areas of deficiency, re-training shall consist of one or more of the following:

(1) Repeat the training program set forth in Saf-C 518.06;

(2) Repeat any portion of the training program; or

(3) Undergo further training, the substance of which shall be determined by the director.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.07)

N.H. Code Admin. R. Ann. Saf-C 518.08 Bond {#sec-saf-c-518.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.08}

(a) Before any appointment shall become effective, each municipal agent shall file a bond with the director as set forth in this section.

(b) The bond shall be issued by a surety company authorized to engage in business in the state of New Hampshire.

(d) The bond shall be conditioned upon the municipal agent's prompt payment of all registration fees owed to the division by virtue of their collection by the municipal agent or employee, or by virtue of the municipal agent's or employee's issuance of any vehicle registration.

(e) Each municipal agent and its staff shall each be bonded to indemnify the state in case of loss, as set forth in RSA 261:74-g, VI.

(f) The amount of the bond(s) shall be:

(1) Municipal agent - $10,000;

(2) Deputy municipal agent - $10,000; and

(3) Each staff member - $5,000.

(g) Each bond filed shall be kept in full force and effect by the municipal agent and its staff.

(h) The director shall suspend the appointment of any municipal agent, after notice and a hearing, resulting in the determination that:

(1) The bond filed by the municipal agent has been cancelled or allowed to lapse; or

(2) The bond filed by the municipal agent no longer protects the interest of the state of New Hampshire.

(i) Revocation or suspension pursuant to (h) above shall be conducted in accordance with the requirements of RSA 261:74-f, III.

(j) In the event a bond is amended or renewed, the municipal agent shall forward a copy of the cover page of the bond to the department, setting forth any changes.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.08)

N.H. Code Admin. R. Ann. Saf-C 518.09 Validation Stamps {#sec-saf-c-518.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.09}

(a) Each municipal agent shall be issued validation stamps.

(b) No stamps shall be issued until the municipal agent has submitted a $25 deposit for each stamp.

(c) All stamps shall be returned to the director upon revocation, suspension, or expiration of a municipal agent's appointment, or upon the municipal agent’s resignation.

(d) Upon return of each stamp issued, the director shall, if the stamp is in good working order, return the deposit to the municipal agent.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.09)

N.H. Code Admin. R. Ann. Saf-C 518.10 Procedural Manual {#sec-saf-c-518.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.10}

(a) Upon issuance of the municipal agent’s certificate of appointment, each municipal agent shall be issued a procedural manual.

(b) Each municipal agent and employee(s) shall adhere to all the procedures set forth in the manual. Municipal agents shall keep the manual updated in accordance with all supplements and amendments issued by the department, and shall surrender the manual upon revocation, suspension, expiration, or resignation of the appointment.

(c) Each municipal agent shall apprise themselves, and all employees authorized to register vehicles, of all material contained in the procedural manual, including all supplements or amendments.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.10)

N.H. Code Admin. R. Ann. Saf-C 518.11 Administration {#sec-saf-c-518.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.11}

(a) In performing duties involving the registration of vehicles, each municipal agent and employee(s) shall comply with the requirements set forth in this section.

(b) Each municipal agent shall provide registration services to all New Hampshire residents regardless of the city or town in which they reside.

(d) No municipal agent shall accept permit fees from a person who does not reside in the municipal agent's city or town.

(e) A municipal agent may refuse to accept a check from any person when the municipal agent doubts the authenticity of the check or believes there is a likelihood that the account has been closed or contains insufficient funds.

(f) Each municipal agent shall only use official stamps, inks, and forms approved by the director.

(g) No municipal agent shall use a stamp issued to another municipal agent location.

(h) All errors in the registration process shall be corrected through the use of preprinted forms issued by the department and shall be completed in the municipal agent automation process system.

(i) Each municipal agent shall provide their own postage, stationery, and envelopes.

(j) Each municipal agent shall remind each person to whom a registration is issued to have the registrant’s vehicle inspected within the appropriate time.

(k) Each municipal agent shall maintain a working inventory of decals. No excess inventory shall be maintained by a municipal agent.

(l) For the purposes of (k) above, "excess inventory" means more than is necessary to meet the average registration volume plus 5 percent.

(m) Inventory size shall be determined by the director.

(n) Each municipal agent shall give 10 working days notice of the need to order inventory.

(o) Each municipal agent shall ensure that all forms are accurate, complete, and contain the appropriate signatures.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.11)

N.H. Code Admin. R. Ann. Saf-C 518.12 Office Hours {#sec-saf-c-518.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.12}

(a) For the purposes of this section, "regular office hours" means consistently scheduled periods of time during which the public may register vehicles at the municipal agent's office.

(b) Each municipal agent shall maintain regular office hours.

(c) Upon issuance of the certificate of appointment, each municipal agent shall file a statement setting forth their regular office hours. The municipal agent shall promptly inform the department in writing of any changes in the regular office hours.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.12)

N.H. Code Admin. R. Ann. Saf-C 518.13 Equipment {#sec-saf-c-518.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.13}

(a) Each municipal agent’s office shall at all times contain the equipment enumerated in this section. The equipment shall be supplied by the municipal agent, and shall be maintained in working condition.

(b) Each municipal agent shall have the following equipment:

(1) Typewriter or computer with printer;

(2) Adding machine with tape; and

(3) Locking file cabinet or other secure container.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.13)

N.H. Code Admin. R. Ann. Saf-C 518.14 Public Notice {#sec-saf-c-518.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.14}

(a) For the purposes of this section, "posted in a prominent location" means that a sign is posted at or near the place in which the municipal agent transacts registration business with the public, in such a manner that the sign is clearly visible and likely to be noticed by the public.

(b) Each municipal agent shall display a sign in accordance with the requirements of (c) below. The sign shall be posted in a prominent location in the municipal agent's office and shall at all times remain free of all obstructions which would obscure it, or any part of it from public view.

(c) The sign shall be of such form and size as is necessary to inform the public of the fee assessed by the municipal agent pursuant to RSA 261:74-d.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.14)

N.H. Code Admin. R. Ann. Saf-C 518.15 Receipt of Inventory {#sec-saf-c-518.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.15}

(a) Upon receipt of any inventory from the department, each municipal agent shall complete a report which shall verify receipt.

(b) The report shall be filed with the department on a verification report, furnished by the department.

(1) The date the inventory was received;

(2) The municipal agent's signature certifying receipt; and

(3) The identification of any missing or damaged inventory.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.15)

N.H. Code Admin. R. Ann. Saf-C 518.16 Documents {#sec-saf-c-518.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.16}

(a) Each municipal agent shall forward the following to the department on a daily basis:

(1) The DMV copy of each registration certificate processed by the municipal agent; and

(2) A written summary which shall include:

a. The total amount of fees being forwarded;

b. The total number of registrations processed to obtain the fees; and

c. The municipal agent's signature, certifying the accuracy of the information contained in the summary.

(b) In addition to the documents required in (a) above, each municipal agent shall forward all fees owed to the department in accordance with the requirements set forth in Saf-C 518.21(b).

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); amd by #8999, eff 9-29-07; amd by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12 (paragraph (b))
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.16)

N.H. Code Admin. R. Ann. Saf-C 518.17 Personnel {#sec-saf-c-518.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.17}

(a) Each municipal agent shall notify the department in writing of all employees who will be engaged in the process of registering vehicles. The department shall also be notified in writing of the termination, resignation, or retirement of the municipal agent or any employee.

(b) The notification required by this section shall initially be given with the application required by Saf-C 518.02.

(c) Each municipal agent shall notify the department of all changes affecting any personnel notification previously filed.

(d) In the event a new city or town clerk is elected who has not yet been appointed as a municipal agent, other employees who are certified to register vehicles in that city or town shall be allowed to continue uninterrupted as a municipal agent, until the new city or town clerk is appointed as a municipal agent.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.17)

N.H. Code Admin. R. Ann. Saf-C 518.18 Record Keeping {#sec-saf-c-518.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.18}

(a) Each municipal agent shall keep a record of all registration certificates issued by the municipal agent or any employee, including:

(1) The date of registration;

(2) The last name of the registrant;

(3) The registration number; and

(4) The inventory issued.

(b) Each record shall be kept so as to compile all information necessary to complete the summaries required by Saf-C 518.16(a)(2).

(c) No municipal agent or employee(s) shall refuse or fail to provide the director, any auditor, or other person authorized by the director, with any records relating to the registration of any vehicles. The director may take the records in hand for inspection, or in order to photocopy.

(d) Any inspection conducted in accordance with this section shall be in compliance with RSA 261:74-e.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.18)

N.H. Code Admin. R. Ann. Saf-C 518.19 Security {#sec-saf-c-518.19 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.19}

Whenever a municipal agent's office is closed or unattended, all decals, stamps, and other registration materials shall be placed in a locking file cabinet or other secure container.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.19)

N.H. Code Admin. R. Ann. Saf-C 518.20 Issuance of Inventory {#sec-saf-c-518.20 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.20}

Registration inventory shall be issued by a municipal agent in the numerical sequence in which they are received from the department. In all cases, the lowest-numbered inventory in the municipal agent's possession shall be issued before any inventory with a higher number is issued.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.20)

N.H. Code Admin. R. Ann. Saf-C 518.21 Remittance {#sec-saf-c-518.21 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.21}

(a) All registration fees received by a municipal agent, except those received in payment of the additional fee authorized by RSA 261:74-d, shall be remitted to the department as set forth in this section.

(b) All fees collected by a municipal agent shall be deposited in a state bank account established locally by the division in the name of the state of New Hampshire. The establishment of the account shall require governor and council approval.

(1) Endorsed by the municipal agent for deposit only, using a stamp provided by the department; and

(2) Deposited in the state account.

(d) When fees are paid by the customer to the municipal agent in cash, the cash shall be deposited in the state account.

(e) Each remittance by the municipal agent to the department shall include copies of registrations and other required documentation along with a copy of the bank deposit slip and bank receipt covering the remittance in question.

(f) Each remittance shall also be accompanied by an official credit or debit memorandum.

(g) All fees collected by a municipal agent shall be deposited in the state account on a daily basis unless the municipal agent demonstrates to the director in writing that a daily deposit constitutes a hardship.

(h) The director shall approve an alternate deposit schedule in accordance with (g) above but at no time will approval be given for a deposit schedule which covers more than a 3-day work period.

(i) Each municipal agent shall not hold for deposit an amount in excess of the bond required in Saf-C 518.08.

(j) Each municipal agent shall be responsible for depositing into the state account an amount equal to all registration fees processed by the municipal agent that day.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.21)

N.H. Code Admin. R. Ann. Saf-C 518.22 Overpayment by Municipal Agent {#sec-saf-c-518.22 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.22}

(a) In the event a municipal agent forwards more money than is owed to the department in any remittance, the department shall issue a credit memo to the municipal agent.

(b) No credit memo shall be issued until the overage is verified by the department.

(c) A credit memo shall be used by a municipal agent to reduce the amount of a future remittance to the department. The remittance shall be reduced by the amount set forth in the credit memo.

(d) A credit memo shall be used by a municipal agent within 30 days of receipt and shall be submitted with the remittance to which it is applied.

(e) No credit memo shall be transferable.

History

#7972, eff 10-17-03; ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.22)

N.H. Code Admin. R. Ann. Saf-C 518.23 Underpayment by Municipal Agent {#sec-saf-c-518.23 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.23}

In the event a municipal agent forwards less money than is owed to the department in any remittance, the department shall bill the municipal agent in the amount of the underpayment. The bill shall be paid by the municipal agent within 30 days of receipt.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.23)

N.H. Code Admin. R. Ann. Saf-C 518.24 Overpayment by Registrant {#sec-saf-c-518.24 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.24}

In the event a municipal agent collects more money than is owed to the department from any registrant, the department shall refund the amount directly to the registrant. At no time shall a municipal agent refund any state money directly to the registrant.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.24)

N.H. Code Admin. R. Ann. Saf-C 518.25 Underpayment by Registrant {#sec-saf-c-518.25 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.25}

(a) In the event a municipal agent collects less money than is owed to the department from any registrant, the department shall bill the registrant directly for the amount of the underpayment.

(b) In the event a municipal agent is repeatedly delinquent or careless about collecting proper fees, the director shall revoke, after notice and opportunity for a hearing, the appointment of the municipal agent as provided in RSA 261:74-f.

(c) For the purposes of (b) above, the decision to revoke an appointment shall be based upon the evidence presented at a hearing, which shall include:

(1) Records of fee collection;

(2) Records of notification to the municipal agent of delinquency or improper fees; and

(3) Any other relevant evidence.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.25)

N.H. Code Admin. R. Ann. Saf-C 518.26 Suspensions - Insufficient Funds - Municipal Permit {#sec-saf-c-518.26 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.26}

(a) A complaint against a registrant for a check drawn against insufficient funds shall be in writing.

(b) The complaint shall state:

(1) The date of the transaction;

(2) That there are insufficient funds for a check drawn to pay for a municipal permit;

(3) That a registered letter, return receipt requested, was mailed to the registrant more than 10 days prior to the date of the complaint;

(4) That the registrant has failed to make payment as of the date of the complaint;

(5) The registrant’s name, address, and registration number, if available; and

(6) Copies of the municipal permit issued and the insufficient check offered.

(c) After notice and opportunity for a hearing in accordance with Saf-C 203 and Saf-C 211.02, the director shall, if the allegations are substantiated or if the registrant fails to appear without cause, as specified in Saf-C 203.22, suspend the registrant’s registration. The suspension shall remain in effect until written evidence is received demonstrating reimbursement of the full amount due and any protest fees imposed.

History

#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 519.26)

N.H. Code Admin. R. Ann. Saf-C 518.27 Return of Inventory {#sec-saf-c-518.27 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.27}

(a) By January 15 of each year, all decals in the possession of a municipal agent for the prior calendar year shall be returned to the department. The decals shall be reconciled with the department records documenting the issuance of the decals to the municipal agent. Other inventory shall be returned on request of the director.

(b) Each municipal agent shall be financially responsible for all decals and plates which cannot be accounted for through the reconciliation process set forth in this section at the rate of $32 per set.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 519-26); ss by #13521, eff 1-13-23 (formerly Saf-C 519.27)

N.H. Code Admin. R. Ann. Saf-C 518.28 Limitation of Duties {#sec-saf-c-518.28 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 518.28}

(a) For the purposes of this section, "renewal" means that the vehicle to be registered was previously registered in New Hampshire and the new registration will be issued to the same owner as in the previous registration.

(b) Municipal agents who are on-line with the department shall be allowed to process a renewal, transfer, or new registration of any vehicle up to 26,000 pounds gross weight.

(c) A municipal agent shall be authorized to renew a late registration no more than 30 days late, for a passenger plate with numerals 1, 2, 3, 4 or a low commercial (1-999) plate.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12 (from Saf-C 519.27); ss by #13521, eff 1-13-23 (formerly Saf-C 519.28)

Part Saf-C 519 Taxation of Heavy Trucks

N.H. Code Admin. R. Ann. Saf-C 519.01 Proof of Payment of Heavy Truck Use Tax {#sec-saf-c-519.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 519.01}

Whenever an application is received for a permit to register a motor vehicle with a taxable gross weight of 55,000 pounds or greater, the registrant shall submit proof of payment or proof of suspension of the federal heavy truck use tax to the commissioner.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12); ss by #13521, eff 1-13-23 (formerly Saf-C 520.01)

N.H. Code Admin. R. Ann. Saf-C 519.02 Payment Period {#sec-saf-c-519.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 519.02}

(a) Proof of payment or proof of suspension of the heavy truck use tax shall relate to the paid or suspended tax for the taxable period which includes the date of registration.

(b) The taxable period shall be July 1 through June 30.

(c) When the commissioner receives an application for a registration during the months of July, August, or September, proof of payment for the immediate preceding taxable period may be used to verify payment of the heavy truck use tax imposed.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 520.02)

N.H. Code Admin. R. Ann. Saf-C 519.03 Forms Required {#sec-saf-c-519.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 519.03}

(a) Proof of payment shall consist of a receipted Schedule 1, from Form 2290, that is returned by the United States Internal Revenue Service to a taxpayer filing a return of the heavy truck use tax, or a photocopy of the receipted Schedule 1. The vehicle identification number of the vehicle(s) to be registered shall appear on the receipted Schedule 1, or an attached page, in order for the Schedule 1 to constitute valid proof of payment.

(b) A receipted Schedule 1 which does not include the vehicle identification number of the vehicle(s) to be registered shall be considered valid proof of payment if:

(1) The number of vehicles for which the tax has not been suspended exceeds 21, or the number of vehicles for which the tax has been suspended exceeds 9; and

(2) The name of the taxpayer appearing on such Schedule 1 is one of the names in which such vehicles are sought to be registered.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 520.03)

N.H. Code Admin. R. Ann. Saf-C 519.04 Acceptable Substitute {#sec-saf-c-519.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 519.04}

(a) The department shall accept as proof of payment of the heavy truck use tax a photocopy of the Form 2290, with the receipted Schedule 1 attached, and with documentation of payment of the tax due, such as a photocopy of both sides of a canceled check.

(b) Substitute proof of payment may be used when, for example, the receipted Schedule 1 has not yet been received by a taxpayer who has filed a Form 2290.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 520.04)

N.H. Code Admin. R. Ann. Saf-C 519.05 Exemptions {#sec-saf-c-519.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 519.05}

(a) A heavy truck use tax shall not be imposed on the following vehicles:

(1) Motor vehicles reasonably expected to be used for 5,000 or fewer miles on public highways during the taxable period; and

(2) Agricultural vehicles reasonably expected to be used for 7,500 or fewer miles on public highways during the taxable period.

(b) The department shall issue a registration permit without proof of payment of the heavy truck use tax if the registrant presents a bill of sale, or other document indicating that the vehicle was purchased by the person no more than 60 days prior to the date on which the application for the registration permit is received and the registrant has complied with all other applicable statutes and rules.

(c) Proof of payment of the heavy truck use tax shall not be required for a vehicle being operated under any special temporary permit, which, for example, allows a vehicle to operate at more than the maximum statutory weight limit, allows a vehicle to operate while registered in another state, or allows a vehicle to operate at more than the vehicle's registered weight.

(d) Proof of payment of the heavy truck use tax shall not be required as a prerequisite to renewal of a vehicle registration if the renewal date falls within the same taxable period, July 1-June 30, as the date of the original registration.

History

#7972, eff 10-17-03 (See Revision Note #1 at chapter heading for Saf-C 500); ss by #9995, INTERIM, eff 9-17-11, EXPIRED: 3-15-12
#10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 520.05)

Part Saf-C 520 Walking Disability Plates and Placards

N.H. Code Admin. R. Ann. Saf-C 520.01 Certification by a Physician, Physician Assistant, Podiatrist or Advanced Practice Registered Nurse. {#sec-saf-c-520.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.01}

(a) A licensed physician, physician assistant, podiatrist, or advanced practice registered nurse shall provide the following information regarding an application for a walking disability plate or placard:

(1) The medical condition, as specified in RSA 259:124 and 261:88, that limits or impairs the applicant’s ability to walk;

(2) How the medical condition limits or impairs the applicant's ability to walk; and

(3) Whether the medical condition that limits or impairs the applicant’s ability to walk is likely to improve.

(b) For the purposes of RSA 261:88, I(c) and this section, "other medically debilitating conditions" means a diagnosed medical condition, as determined by a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse, that limits or impairs a person's ability to walk in such a manner that the applicant's health would be adversely affected without a walking disability plate or placard.

(c) The licensed physician, physician assistant, podiatrist, or advanced practice registered nurse shall sign and date the form under penalty of unsworn falsification. A stamped signature from a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse shall not be accepted.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.02)

N.H. Code Admin. R. Ann. Saf-C 520.02 Application for Walking Disability Plates or Placards by an Individual {#sec-saf-c-520.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.02}

(a) Pursuant to RSA 261:88, an applicant for a walking disability plate or placard shall complete the prescribed form.

(b) An applicant for a walking disability plate or placard shall furnish the following on the prescribed form:

(1) Name, address, and date of birth;

(2) Whether the request is for walking disability plates, walking disability vanity plates, or a placard; and

(3) Certification by a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse, pursuant to the requirements set forth in Saf-C 520.01.

(d) If the applicant is requesting a walking disability plate, they shall submit a photocopy of their current certificate of registration along with the prescribed form.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.03)

N.H. Code Admin. R. Ann. Saf-C 520.03 Application for Walking Disability Plates by a Relative Residing with an Individual with a Walking Disability {#sec-saf-c-520.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.03}

(a) A relative who resides with a person with a walking disability shall complete and submit form RDMV 130 (rev. 8/21).

(b) Each applicant shall sign and date the form under penalty of unsworn falsification.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.04)

N.H. Code Admin. R. Ann. Saf-C 520.04 Application for Walking Disability Plates or Placards by an Organization {#sec-saf-c-520.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.04}

(a) For the purposes of this section, "organization" means any corporation or entity that provides transportation services to individuals who have a walking disability as defined in RSA 261:88, I(c).

(b) The administrator of the organization shall complete and submit form RDMV 130 (rev.8/21).

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #13521, eff 1-13-23 (formerly Saf-C 521.05)

N.H. Code Admin. R. Ann. Saf-C 520.05 Issuance of Walking Disability Plates or Placards {#sec-saf-c-520.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.05}

(a) If an applicant meets the requirements of Saf-C 520.01 through 520.04, the director shall issue:

(1) No more than one set of walking disability plates or walking disability vanity plates to an individual applicant;

(2) In addition to (a)(1) above, no more than one placard to an individual applicant, if requested;

(3) Two placards or temporary placards to an individual applicant, if no walking disability plates are requested;

(4) No more than one set of walking disability plates or walking disability vanity plates to a relative of an individual with a walking disability;

(5) One set of walking disability plates or a placard for each vehicle which the applicant uses solely for the transportation of individuals with a walking disability, not to exceed a total of 10 plates or placards, or any combination thereof; and

(6) One set of walking disability plates or walking disability vanity plates for each motorcycle owned by an individual with a walking disability.

(b) All requests for walking disability vanity plates shall be processed in accordance with the requirements of Saf-C 508.

(1) The fee for walking disability plates set forth in RSA 261:88, III; or

(2) The fee for vanity walking disability plates set forth in RSA 261:88, IV.

(d) Pursuant to RSA 261:88, V, there shall be no fee for a placard.

(e) Upon issuance of a walking disability plate or placard, a person with a walking disability shall have their driver license or non-driver identification card endorsed with the international symbol of accessibility.

(f) In the event a person with a walking disability does not have a non-driver identification card, the department shall issue a non-driver identification card endorsed with the international symbol of accessibility to the person without charge.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.06)

N.H. Code Admin. R. Ann. Saf-C 520.06 Renewal of Walking Disability Plates and Placards {#sec-saf-c-520.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.06}

(a) Walking disability plates shall be renewed in accordance with the requirements of Saf-C 511.

(b) Each person who has a walking disability plate or walking disability vanity plate shall submit a form RDMV 130 (rev.8/21) to the department during the month of the applicant’s registration renewal every 5 years.

(c) Walking disability placards shall be valid for 5 years from the person’s date of birth, or, if an organization, during the organization’s month of renewal set forth in Saf-C 510.08.

(d) Each person who has a permanent walking disability placard shall submit form RDMV 130 (rev.8/21) to the department during the month of the person’s date of birth every 5 years.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.07)

N.H. Code Admin. R. Ann. Saf-C 520.07 Revocation of Walking Disability Plates or Placards {#sec-saf-c-520.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 520.07}

(a) For the purposes of this section, "improper use" or "misuse" of walking disability plates or placards means any use which is not specifically authorized by RSA 261:88, 265:74, 266:61 or 266:61-a.

(b) Any person, including a law enforcement officer, may submit a complaint, in writing, regarding the improper use of walking disability plates or placards to:

Director of Motor Vehicles

Division of Motor Vehicles

23 Hazen Drive

Concord, NH 03305

(c) The complaint shall include the date, time, location, and circumstances of the alleged improper use of the walking disability plate or placard.

(d) If, after review and investigation of the complaint by the division, it is determined that there has been misuse of the walking disability plate or placard, the director shall provide the registrant or holder of the placard an opportunity for a hearing.

(e) Pursuant to RSA 261:88, VIII, if the director determines that there has been misuse of the walking disability plate or placard after a hearing, the plate or placard shall be revoked.

History

#7069, eff 8-5-99 (formerly Saf-C 518, see Revision Note at Chapter Heading for Saf-C 500); ss by #8999, eff 9-29-07; ss by #10135, eff 5-23-12; ss by #13521, eff 1-13-23 (formerly Saf-C 521.08)

Part Saf-C 522 Electronic Toll Collection Hearings

N.H. Code Admin. R. Ann. Saf-C 521.01 Definitions {#sec-saf-c-521.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.01}

The terms enumerated in this part shall have the meaning set forth herein, unless a different meaning is clearly stated in the text, as follows:

(a) “Designee” means state official or employee and does not include an agent, or employee of an agent, that has contracted with the department of transportation;

(b) “Electronic toll collection system” means “electronic toll collection system” as defined in RSA 236:31, I(c);

(c) “Electronic toll collection monitoring system” means “toll collection monitoring system” as defined in RSA 236:31, I(d);

(d) “Nonrenewal” means refusal to issue or renew a motor vehicle registration, in accordance with RSA 261;

(e) “Owner” means owner as defined in RSA 259:72;

(f) “Pay” means “pay” as defined in RSA 236:31, I(g); and

(g) “Violation” means “violation” as defined in RSA 236:31, I(h).

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.01) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.01)

N.H. Code Admin. R. Ann. Saf-C 521.02 Non-Renewal Upon Report {#sec-saf-c-521.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.02}

(a) On receipt of a report from the commissioner of the department of transportation or their designee, indicating that the owner of a vehicle has evaded tolls or charges in violation of RSA 236:31, the director of motor vehicles shall forward a notice of non-renewal to such owner by first class mail.

(b) The report in (a) above shall be submitted on official letterhead and include the following:

(1) The unique identification number corresponding to the name and plate associated with a violation; and

(2) The identity of the owner of the vehicle that has evaded tolls or charges.

(d) The notice of non-renewal shall include:

(1) The reasons for the non-renewal order;

(2) The effective date of the non-renewal and the authority therefor;

(3) The administrative fine assessed;

(4) A statement indicating that the owner may request an administrative hearing no later than 30 days from the date of the notice; and

(5) Motor vehicle registration number.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.02) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.02)

N.H. Code Admin. R. Ann. Saf-C 521.03 Request for Hearing {#sec-saf-c-521.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.03}

(a) All hearings shall be conducted in accordance with Saf-C 203.

(b) A request for an administrative hearing, pursuant to Saf-C 521.02(d)(4), shall conform with Saf-C 203.03.

(c) Pursuant to RSA 263:56-f, I, a request for a hearing received by the division of motor vehicles more than 30 days from the date the notice pursuant to Saf-C 521.02 is issued, shall be denied as untimely.

(d) Notwithstanding any rule to the contrary, a request for a hearing shall not stay the non-renewal.

(e) The bureau of hearings shall notify the bureau of turnpikes, department of transportation of all hearings scheduled pursuant to this rule.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.03) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.03)

N.H. Code Admin. R. Ann. Saf-C 521.04 Scope of the Hearing {#sec-saf-c-521.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.04}

(a) Pursuant to RSA 263:56-f, IV(a), the scope of the hearing shall be limited to the following:

(1) Whether the owner has paid all tolls and administrative fees owed to the department of transportation;

(2) Whether the report from the department of transportation correctly identified the owner of the vehicle at the time of the incident; or

(3) Whether the vehicle, identified as having violated the duty to pay a toll, had been reported as taken without the owner’s consent, pursuant to RSA 262:12, or stolen to a law enforcement agency in a timely manner.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.04) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.04)

N.H. Code Admin. R. Ann. Saf-C 521.05 Rebuttable Presumption {#sec-saf-c-521.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.05}

Pursuant to RSA 263:56-f, IV(b), the written certification of any person employed by or under contract with the department of transportation that the notice of violation is based in whole or in part upon inspection of any photographic or other recorded image of a vehicle using the bridge or highway subject to a toll or charge, shall be admissible in a hearing held pursuant to this part, and shall create a rebuttable presumption that the owner is liable for such violation.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.05) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.05)

N.H. Code Admin. R. Ann. Saf-C 521.06 Order {#sec-saf-c-521.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.06}

(a) If the hearing examiner determines that the owner is liable for the violation, the hearing examiner shall suspend the owner’s renewal registration privileges for the offending motor vehicle.

(b) In addition to the notice of suspension ordered, the hearing examiner shall make a recommendation for the fine consistent with the uniform administrative fine schedule set forth in Saf-C 521.07.

(c) No fine shall be assessed unless it is first determined by the commissioner to be consistent with the uniform fine schedule set forth in Saf-C 521.07.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.06) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.06)

N.H. Code Admin. R. Ann. Saf-C 521.07 Fine Schedule {#sec-saf-c-521.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.07}

(a) The uniform administrative fine schedule shall be set as follows:

(1) For a first offense, $50.00;

(2) For a second offense within a 12-month period, $100.00;

(3) For a third offense within a 12-month period, $500.00; and

(4) For a subsequent offense within a 12-month period, $1,000.00.

(b) Administrative fines shall not be held in abeyance.

(d) Pursuant to RSA 263:56-f, II(b), the commissioner shall suspend all or part of any administrative fine so imposed in proven cases of hardship. Written proof of financial hardship, at a minimum shall include tax returns, financial statements, bank account records, salary records, or similar documentation demonstrating that the responsible person is unable to pay all or part of any administrative fine.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.07) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.07)

N.H. Code Admin. R. Ann. Saf-C 521.08 Payment of Fines {#sec-saf-c-521.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.08}

(a) Fines may be paid in person. If a fine is paid in person it shall be made at:

Department of Safety

Division of Motor Vehicles

Bureau of Registration

23 Hazen Drive

Concord, NH.

(b) Fines may be paid by mail. If a fine is paid by mail, it shall be mailed to:

Department of Safety

Division of Motor Vehicles

Bureau of Registration

23 Hazen Drive

Concord, NH 03305.

(c) Fines may be paid in cash if made in person, or personal check, cashier's check, or money order in person or by mail.

(d) For the purposes of (c), checks shall be made payable to "NH Department of Safety".

(e) A protested check shall be pursued as specified in Saf-C 211.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.08) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.08)

N.H. Code Admin. R. Ann. Saf-C 521.09 Release from Non-Renewal of Resident Plates and Motor Vehicle Registrations {#sec-saf-c-521.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.09}

(a) Release of motor vehicle registrations from non-renewal status shall be affected upon:

(1) Notice to the director from the department of transportation that all tolls and administrative fees have been paid; and

(2) Payment of the administrative fine.

(b) Notwithstanding any rule to the contrary, no motor vehicle registration shall be reinstated if there are other revocations or suspensions in effect under any other statute or rule, including reciprocity agreements.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.09) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.09)

N.H. Code Admin. R. Ann. Saf-C 521.10 Appeals From Non-Renewal of Registrations {#sec-saf-c-521.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 521.10}

Appeals from the non-renewal of motor vehicle registrations shall be pursuant to RSA 541.

History

#8544, eff 1-20-06; ss by #9372, INTERIM, eff 1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09; ss by #12426, eff 11-30-17 (formerly Saf-C 217.10) (See Revision Note at part heading for Saf-C 522); ss by #13521, eff 1-13-23 (formerly Saf-C 522.10)

Part Saf-C 522 Multi-Use Decal Plate

N.H. Code Admin. R. Ann. Saf-C 522.01 Vehicle Eligibility {#sec-saf-c-522.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.01}

Multi-Use decal plates shall be issued to passenger or recreational vehicles as provided in RSA 261-B:5 and RSA 261-C:5.

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.01)

N.H. Code Admin. R. Ann. Saf-C 522.02 Multi-Use Veteran Decal Plates Eligibility {#sec-saf-c-522.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.02}

Persons meeting the criteria outlined in RSA 21:50, I or RSA 21:50, II shall be eligible for participation in the multi-use veteran decal plate program.

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.02)

N.H. Code Admin. R. Ann. Saf-C 522.03 Decal Specifications {#sec-saf-c-522.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.03}

Each agency authorized under RSA 261-B or RSA 261-C shall produce decals that are:

(a) No more than 3 inches by 3 inches in size;

(b) Made in non-reflectorized material; and

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.03)

N.H. Code Admin. R. Ann. Saf-C 522.04 Fees {#sec-saf-c-522.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.04}

Multi-use decal plate fees shall be as outlined in RSA 261-B:4 for passenger or RV decal plates, in addition to fees outlined in RSA 261.

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.04)

N.H. Code Admin. R. Ann. Saf-C 522.05 Reporting {#sec-saf-c-522.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.05}

(a) Each agency authorized in RSA 261-B to issue decals shall file an annual report with the director of motor vehicles, for a period expiring on June 30 of each year, and in electronic or paper format, due no later than July 30 of each year.

(b) The report required in (a) above shall include the information outlined in RSA 261-B:3, I (a) through (h).

(c) Each agency authorized in RSA 261-C to issue decals shall file an annual report with the director of motor vehicles, for a period expiring on June 30 of each year, and in electronic or paper format, due no later than July 30 of each year.

(d) The report required in (c) above shall include the information outlined in RSA 261-C:4, II.

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.05)

N.H. Code Admin. R. Ann. Saf-C 522.06 Termination of Program {#sec-saf-c-522.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 522.06}

(a) Pursuant to RSA 261-B:3, II, a program may voluntarily end its participation in the multi-use decal program by:

(1) Written notification to the director of motor vehicles; and

(2) Filing a final annual report within 30 days of the notification.

(b) Pursuant to RSA 261-B:3, III, participation in the multi-use decal program shall terminate automatically if:

(1) The organization fails to file its annual report under RSA 261-B:3, I; or

(2) The organization fails to include the statement required by RSA 261-B:3, 1(h).

History

#12914, eff 11-6-19; ss by #13521, eff 1-13-23 (formerly Saf-C 523.06)

Part Saf-C 523 Registration Hearings

N.H. Code Admin. R. Ann. Saf-C 523.01 Parent or Guardian Authorization Certificate {#sec-saf-c-523.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 523.01}

(a) If the department receives written information which indicates the death of a signatory of a "parent or guardian authorization certificate," form DSMV 38 as set forth in Saf-C 1002.04, the financial responsibility administrator shall suspend the named minor's registration, if any.

(b) If the signatory of a "parent or guardian authorization certificate" withdraws such consent, the financial responsibility administrator shall suspend the named minor's registration, if any. Such withdrawal of consent shall be in written form.

(1) The withdrawal of consent;

(2) The name of the parent or guardian; and

(3) The name of the minor.

(d) As long as all restoration fees have been paid, suspension under this section shall remain in effect until the earlier of:

(1) The named minor attains the age of 18;

(2) A new "parent or guardian authorization certificate" is received;

(3) Proof of insurance in the form of an SR-22 certificate covering the named minor is received; or

(4) The person under 18 years of age is emancipated by marriage.

History

#13904, eff 3-15-24

N.H. Code Admin. R. Ann. Saf-C 523.02 Flagrant Cases {#sec-saf-c-523.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 523.02}

(a) If a court or justice recommends the suspension or revocation of a certificate of registration on an abstract of conviction for a period longer than 30 days pursuant to RSA 263:61, the financial responsibility administrator shall immediately notify the bureau of hearings. The bureau of hearings shall notify the person of a hearing or opportunity to be heard.

(b) The scope of any such hearing shall be:

(1) A review of the court's abstract of conviction;

(2) Any additional information provided by the court or justice;

(3) A review of the person's motor vehicle record on file with the director; and

(4) Information received in the hearing.

(c) If the bureau of hearings concurs with the court's recommendation, pursuant to Saf-C 523.02(a), the person shall be notified in writing. The notice shall include a brief explanation of the suspension or revocation and the restoration process.

History

#13904, eff 3-15-24

N.H. Code Admin. R. Ann. Saf-C 523.03 Fraudulent Activities {#sec-saf-c-523.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 523.03}

(a) Upon receipt of information indicating that any person has committed an unsworn falsification, pursuant to RSA 260:10, the department shall, after notice and opportunity for a hearing, suspend any or a combination of the following:

(1) A permit; and

(2) A certificate of registration.

(b) When determining what privileges are to be suspended under (a) above, the hearings examiner shall determine the severity of the offense after considering the following:

(1) Which documents were obtained by the individual;

(2) Whether the individual falsified information given to the department; and

(3) Any other evidence relevant to a violation of RSA 260:10.

(c) The privileges to be suspended shall correlate positively with the severity of the offense as determined in (b) above, and after considering any mitigating circumstances.

(d) For the purposes of (a) above, the hearings examiner in making the determination what to suspend, shall not be limited to the permit or certificate for which the person was making application for when the person committed an unsworn falsification.

(e) The commissioner shall suspend the registration of any vehicle, after notice and opportunity for a hearing, on receipt of written information indicating that any person to whom said registration is issued has:

(1) Fraudulently altered the registration certificate, validation sticker or plates, or inspection sticker;

(2) Lent their registration plates or validation stickers to another person;

(3) Affixed or allowed any other person to affix their registration plate(s) or validation stickers to a vehicle other than that for which they were issued;

(4) Displayed any registration plate(s), validation stickers, or certificate(s) that were issued for a vehicle other than that which the person is driving;

(5) Displayed any fictitious, facsimile, or simulated registration plate(s) or certificate(s);

(6) Used a false or fictitious name, date of birth, address, vehicle identification number, or other false or fictitious information in any application, official form, document, or communication submitted to the department relative to vehicle registration;

(8) Applied for a temporary registration, plate, or both in violation of law.

History

#13904, eff 3-15-24

N.H. Code Admin. R. Ann. Saf-C 523.04 Refusal to Surrender Articles {#sec-saf-c-523.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 523.04}

(a) The commissioner shall extend the period of suspension or revocation of any registration or permit in any case in which a person fails or refuses to comply with an order to return any suspended or revoked registration plates or certificate, or permit to the department unless extenuating circumstances exist. Extenuating circumstances shall include but not be limited to failure to receive notice of suspension or revocation, or failure of an insurance company to file proof of insurance in the form of an SR-22 certificate in a timely manner.

(b) Parties aggrieved by this decision may submit a written request to the department for a hearing.

(1) A person shall be deemed to have failed or refused to comply with an order if the person does not mail or deliver the suspended or revoked items to the department within 5 working days of the effective date of any suspension or revocation; and

History

#13904, eff 3-15-24

N.H. Code Admin. R. Ann. Saf-C 523.05 Suspension of Registration {#sec-saf-c-523.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 523.05}

(a) The commissioner shall suspend the registration and corresponding plates if there is evidence on file indicating the vehicle's owner has:

(1) Allowed the vehicle to be driven in violation of any provisions under title XXI;

(2) Made false statements on the registration application; or

(3) Submitted a written request to the commissioner or director asking that the registration certificate and plates be suspended.

(b) Prior to suspending under (a)(1) or (2) above, the owner shall be afforded an opportunity for a hearing.

(d) Anyone aggrieved by the action taken pursuant to (c) above shall be entitled to a hearing. A hearing shall be scheduled within 15 days from receipt of the request.

APPENDIX I

RULE

STATUTE IMPLEMENTED

Saf-C 501.01

RSA 541-A:16, I(a)

Saf-C 502.01

RSA 541-A:7

Saf-C 502.02

RSA 259:13; RSA 541-A:7

Saf-C 502.03

RSA 259:19; RSA 541-A:7

Saf-C 502.04

RSA 259:20; RSA 541-A:7

Saf-C 502.05

RSA 259:22; RSA 541-A:7

Saf-C 502.06 – 502.14

RSA 541-A:7

Saf-C 503.01

RSA 21-P:14, III(m); RSA 260:5; RSA 541-A:16, I(b)(1)

Saf-C 503.02 – Saf-C 503.03

RSA 541-A:29

Saf-C 503.04-503.05

RSA 260:5

Saf-C 503.06

RSA 21-P:14, III(n); RSA 260:5

Saf-C 503.07

RSA 21-P:14, III(m); RSA 260:5

Saf-C 503.08

RSA 260:5; RSA 261:95

Saf-C 503.09

RSA 21-P:14, III(v); RSA 260:5

Saf-C 504.01 & 504.02

RSA 21-P:14, III(ff); RSA 260:5; RSA 261:148

Saf-C 504.03-504.07

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52

Saf-C 505

RSA 21-P:14, III(m): RSA 260:5; RSA 261:40; RSA 261:40-a; RSA 261:52

Saf-C 506.01

RSA 270:E:3, III

Saf-C 507.01-510.02

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52;

RSA 261:89;

Saf-C 510.03

RSA 21-P:14, III(n); RSA 260:5; RSA 261:57-a

Saf-C 510.04

RSA 21-P:14, III (cc); RSA 260:5; RSA 261:143

Saf-C 510.05

RSA 260:5; 261:57-b

Saf-C 510.06 - Saf-C 510.08

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52

RSA 261:55

Saf-C 510.09

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52

Saf-C 510.10 & Saf-C 510.11

RSA 21-P:14, III(p); RSA 260:5; RSA 261:60

Saf-C 510.12

RSA 21-P:14, III(hh); RSA 260:5; RSA 261:178

Saf-C 510.13

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52;

RSA 261:141, VI;

Saf-C 510.14

RSA 21-P:14, III(ee); RSA 260:5; RSA 261:68

Saf-C 511.01-511.06

RSA 21-P:14, III(m); RSA 260:5; RSA 261:40; RSA 261:52

Saf-C 511.07-512.02

RSA 266:18-d

Saf-C 513.01 & 513.02

RSA 541-A:7

Saf-C 513.03

RSA 21-P:14, III (v); RSA 260:5; RSA 261:75

Saf-C 513.04

RSA 21-P:14, III (v); RSA 260:5; RSA 261:82

Saf-C 513.05

RSA 21-P:14, III (v); RSA 260:5; RSA 153-A:10, II; RSA 261:75

Saf-C 513.06-513.08

RSA 21-P:14, III(v); RSA 260:5; RSA 261:89-a

Saf-C 513.09

RSA 21-P:14, III(v); RSA 260:5; RSA 260:73; RSA 260:75

Saf-C 513.10 & 513.11

RSA 21-P:14, III(v); RSA 260:5; RSA 261:90

Saf-C 513.12

RSA 21-P:14, III(v); RSA 260:5; RSA 261:123

Saf-C 513.13-513.15

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 513.16

RSA 21-P:14, III(v); RSA 260:5; RSA 261:86

Saf-C 513.18

RSA 21-P:14, III(v); RSA 260:5; RSA 261:84

Saf-C 513.19

RSA 21-P:14, III(v); RSA 260:5; RSA 261:83

Saf-C 513.20

RSA 21-P:14, III(v); RSA 260:5; RSA 261:87-c

Saf-C 513:21 & RSA 513:22

RSA 21-P:14, III(v); RSA 260:5; RSA 261:90

Saf-C 513.23

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 513.24

RSA 21-P:14, III(v); RSA 260:5; RSA 261:90

Saf-C 513.25

RSA 21-P:14, III(v); RSA 260:5; RSA 261:80

Saf-C 513.26

RSA 21-P:14, III(v); RSA 375-A:17; RSA 376:24

Saf-C 513.27

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 513.28

RSA 21-P:14, III(x); RSA 260:5; RSA 261:113

Saf-C 513.29

RSA 21-P:14, III(v); RSA 260:5; RSA 261-B:2; RSA 261-C:2

Saf-C 513.30 & 513.31

RSA 21-P:14, III(v); RSA 260:5; RSA 261:91

Saf-C 513.32

RSA 21-P:14, III(w); RSA 260:5; RSA 261:104

Saf-C 513.33

RSA 21-P:14, III(v); RSA 260:5; RSA 261:52; RSA 261:75

Saf-C 513.34 - Saf-C 513.38

RSA 21-P:14, III(v); RSA 260:5; RSA 261:92

Saf-C 513.39

RSA 21-P:14, III(v); RSA 260:5; RSA 261:86, I(c)

Saf-C 513.40 & Saf-C 513.41

RSA 21-P:14, III(v); RSA 260:5; RSA 261:86, I(d)

Saf-C 513.42 & Saf-C 513.43

RSA 21-P:14, III(bb); RSA 260:5; RSA 261:136

Saf-C 513.44

RSA 21-P;14, III(v); RSA 260:5; RSA 261:92;

RSA 261:141, III(q)

Saf-C 513.45

RSA 21-P;14, III(v); RSA 260:5; RSA 261:90

Saf-C 513.46 & Saf-C 513.47

RSA 21-P:14, III(v); RSA 260:5; RSA 261:91

Saf-C 513.48

RSA 21-P;14, III(v); RSA 260:5; RSA 261:92

Saf-C 513.49 & 513.50

RSA 21-P:14, III(v); RSA 260:5; RSA 261:91

Saf-C 513.51 & 513.52

RSA 21-P:14, III(v); RSA 260:5; RSA 261:90

Saf-C 513.53

RSA 21-P:14, III(v); RSA 260:5; RSA 261:89-b

Saf-C 513.54 & Saf-C 513.55

RSA 21-P:14, III(v); RSA 260:5; RSA 261:91

Saf-C 513.56

RSA 21-P;14, III(v); RSA 260:5; RSA 261:57; RSA 261:57-a

Saf-C 513.57

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 513.58

RSA 21-P:14, III(y); RSA 260:75; RSA 261:115

Saf-C 513.59 & Saf-C 513.60

RSA 21-P:14, III(v); RSA 260:75; RSA 261:90

Saf-C 513.61

RSA 21-P:14, III(z); RSA 260:5; RSA 261:121

Saf-C 513.62

RSA 261:40; RSA 261:52; RSA 261:89

Saf-C 513.63 & Saf-C 513.64

RSA 21-P:14, III(v); RSA 260:5; RSA 261:87-b

Saf-C 513.65

RSA 21-P:14, III(v); RSA 260:5; RSA 261:88

Saf-C 513.66

RSA 21-P:14, III(w); RSA 260:5; RSA 261:140-a

Saf-C 513.67

RSA 21-P:14, III(v), RSA 260:5; RSA 261:97-a

Saf-C 513.68

RSA 21-P;14, III(v); RSA 260:5; 261:75-c

Saf-C 514.01

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 514.02

RSA 21-P:14, III(v); RSA 260:5; RSA 261:76

Saf-C 514.03

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 514.04

RSA 21-P;14, III(ii); RSA 260:5; RSA 261:89-a

Saf-C 514.05-514.06

RSA 21-P:14, III(v); RSA 260:5; RSA 261:75

Saf-C 514.07

RSA 21-P:14, III(v); RSA 260:5; RSA 261:77

Saf-C 514.08

RSA 21-P:14, III(t); RSA 260:5; RSA 261:66; RSA 261:77

Saf-C 514.09

RSA 21-P;14, III(v); RSA 260:5; RSA 261:75

Saf-C 515.01-515.04

RSA 21-P:14, III(v); RSA 260:5; RSA 261:96

Saf-C 516.01-516.04

RSA 260:5; RSA 266:6

Saf-C 517.01-517.05

RSA 260:5; RSA 261:57

Saf-C 518.01-518.28

RSA 21-P:14, III(u); RSA 260:5; RSA 261:74-a-g

Saf-C 519.01-519.05

RSA 261:71-a

Saf-C 520.01-520.07

RSA 21-P:14, III(v); RSA 259:124; RSA 261:88

Saf-C 521.01

RSA 541-A:1, XV

Saf-C 521.02(a)-(c)

RSA 263:56-f, I

Saf-C 521.02(d)

RSA 263:56-f, I & RSA 541-A:31, III

Saf-C 521.03

RSA 263:56-f, III & 541-A:16, I(b)(2)

Saf-C 521.04

RSA 263:56-f, IV; RSA 541-A:30-a

Saf-C 521.05

RSA 263:56-f, IV(b)

Saf-C 521.06

RSA 263:56-f, II; RSA 541-A:30-a

Saf-C 521.07 & Saf-C 521.08

RSA 263:56-f, II

Saf-C 521.09

RSA 263:56-f, V

Saf-C 521.10

RSA 260:5; RSA 541:6

Saf-C 522.01

RSA 261-B:1; RSA 261-C:1

Saf-C 522.02

RSA 261-C:3

Saf-C 522.03

RSA 261-B:2; RSA 261-C:4

Saf-C 522.04

RSA 261-B:4; RSA 261-C:2, III

Saf-C 522.05

RSA 261-B:1, I; RSA 261-C:4, II

Saf-C 522.06

RSA 261-B:3, II & III.

Saf-C 523.01

RSA 261:53

Saf-C 523.02

RSA 263:61

Saf-C 523.03

RSA 260:10

Saf-C 523.04

RSA 261:178; RSA 261:180

Saf-C 523.05

RSA 261:178

APPENDIX II

History

#6337, eff 9-25-96 (from Saf-C 203.19); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13904, eff 3-15-24 (formerly Saf-C 204.19) (see Revision Note #3 at chapter heading for Saf-C 200)

N.H. Code Admin. R. Ann. Saf-C 510.04 Vehicle Registration Rules {#sec-saf-c-510.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.04}

A reference is made to the "Red Book". Copies may be ordered as follows:

Joelle Stephens, Eastern Regional Manager

Price Digests, A Division of Penton Media

9800 Metcalf Avenue

Overland Park, KS 66212

Joelle.stephens@penton.com

Telephone Orders: (888) 488-2062

Web Site: www.pricedigests.com

Cost: There are many different prices, publication dates and subscription services ranging from a single issue to a full year. Customers are urged to call the listed telephone number or use the website for detailed pricing information. Most are available in libraries as well.

N.H. Code Admin. R. Ann. Saf-C 510.04 Vehicle Registration Rules {#sec-saf-c-510.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 510.04}

A reference is made to the "National Automobile Dealer's Association Guide". Copies may be ordered as follows:

N.A.D.A. Appraisal Guides

PO Box 7800

Costa Mesa, CA 92628

Telephone Orders: 1-800-966-6232

Web Site: www.NADAguides.com

Cost: There are many different prices, publication dates and subscription services ranging from a single edition to a full year. Customers are urged to call the listed telephone number or use the website for detailed pricing information. Most are available in libraries as well.

Chapter Saf-C 600 Hazardous Materials Transportation Rules

Part Saf-C 601 Applicability

N.H. Code Admin. R. Ann. Saf-C 601.01 Scope {#sec-saf-c-601.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 601.01}

These rules shall apply to:

(a) Motor carriers engaged in the transportation of hazardous materials;

(b) Officers or employees of the motor carrier who perform supervisory duties related to the transportation of hazardous materials;

(d) A shipper of hazardous materials.

History

#1461 eff 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED: 10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

Part Saf-C 602 Definitions

N.H. Code Admin. R. Ann. Saf-C 602.01 Commissioner {#sec-saf-c-602.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.01}

"Commissioner" means “commissioner” as defined in RSA 259:13, or his designee.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED: 10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 602.02 Department {#sec-saf-c-602.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.02}

"Department" means “department” as defined in RSA 259:19.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 602.03 Hazardous materials {#sec-saf-c-602.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.03}

“Hazardous materials” means “hazardous materials” as defined in 49 CFR 171.08 and includes “hazardous materials” as defined in RSA 21-P:16, I.

History

#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 602.04 Hazardous waste {#sec-saf-c-602.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.04}

"Hazardous waste" means "hazardous waste" as defined in 49 CFR 171.08 and includes

the definition of “hazardous waste” as set forth in RSA 147-B:2, VII, but do not include household pharmaceutical wastes collected pursuant to RSA 318-E.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRES: 2-27-18
#12516, eff 4-23-18 (formerly Saf-C 602.03)

N.H. Code Admin. R. Ann. Saf-C 602.05 Peace officer {#sec-saf-c-602.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.05}

"Peace officer" means any sworn law enforcement officer of the state of New Hampshire, including those of any county or municipality.

History

#1461, eff 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18 (formerly Saf-C 602.04)

N.H. Code Admin. R. Ann. Saf-C 602.06 Regular business hours {#sec-saf-c-602.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 602.06}

"Regular business hours" means the hours in which a business conducts its operations.

History

#1461, eff 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06 (formerly Saf-C 602.06), EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18 (formerly Saf-C 602.05)

Part Saf-C 603 Authority

N.H. Code Admin. R. Ann. Saf-C 603.01 Incorporation By Reference of Federal Standards {#sec-saf-c-603.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 603.01}

The regulations adopted by the United States Department of Transportation contained in 49 CFR 170-189, the regulations adopted by the Bureau of Motor Carrier Safety, Federal Highway Administration, United States Department of Transportation contained in 49 CFR 382, 49 CFR 385, 49 CFR 390-397, and regulations adopted by the Nuclear Regulatory Commission, United States Department of Energy and contained in 10 CFR 71 and 73 are hereby adopted as a part of these rules.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-A, eff 9-8-06 (formerly Saf-C 601.03); ss by #12817-A, eff 6-27-19

N.H. Code Admin. R. Ann. Saf-C 603.02 Application of Federal Regulations {#sec-saf-c-603.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 603.02}

(a) The federal agencies and titles referred to in the federal regulations incorporated by Saf-C 603.01 shall be construed as follows:

(1) United States Department of Transportation and any other federal agency where there is no comparable state agency also means the New Hampshire department of safety; and

(2) Secretary of Transportation and any other federal title also means commissioner of the New Hampshire department of safety.

(b) Notwithstanding any rule to the contrary, in the event these rules conflict with a federal regulation incorporated by Saf-C 603.01, the federal regulation shall take precedence.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06 (formerly Saf-C 601.04), EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

Part Saf-C 604 On-the-Spot Inspection of Cargo Carrying Hazardous Materials or Wastes

N.H. Code Admin. R. Ann. Saf-C 604.01 Enforcement Provisions {#sec-saf-c-604.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 604.01}

(a) Pursuant to RSA 21-P:19, any peace officer of the state of New Hampshire shall have the authority to enforce these rules.

(b) Pursuant to RSA 266:72-a, V(b), each person subject to these rules shall submit accounts, books, records, memoranda, correspondence, and other documents for inspection, upon demand of any peace officer, during regular business hours.

(c) Each motor carrier who transports hazardous materials and is required to return notices, reports, and other information on a periodic or incident basis pursuant to the federal regulations shall likewise notify the department in the same manner as is required for federal agencies. A photocopy of written reports furnished to the appropriate federal agency shall be accepted.

(d) Any notification pursuant to (c) above shall be submitted by telephone, as applicable, to (603) 223-3888, or in writing to:

The Assistant Commissioner of Safety

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 604.02 Inspection Authorized {#sec-saf-c-604.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 604.02}

(a) Every state police trooper or other law enforcement agent certified to conduct motor carrier truck inspections shall be authorized to enter any vehicle of a motor carrier and perform an inspection in order to determine compliance with the regulations set forth in RSA 21-P:17,1(a).

(b) Findings of motor vehicles inspected pursuant to (a) above shall be recorded on DSSP 335 “Driver Vehicle Examination Report”, or on an electronic inspection report approved and accepted by the Federal Motor Carrier Safety Administration. Information captured electronically shall be equivalent to information recorded on form DSSP 335 “Driver Vehicle Examination Report”.

(d) Every state police trooper or other law enforcement agent certified to conduct motor carrier truck inspections shall be authorized to declare a vehicle out-of-service, if applicable.

(e) If the vehicle is placed out-of-service, the motor carrier shall be responsible for completing the following certifications and providing the following information on the driver vehicle examination report:

(1) The signature and date from the repairman as certification that repairs listed in the “out-of-service” notice have been satisfactorily completed;

(2) Identifying the facility of the repairman; and

(3) Signing and dating the driver vehicle examination report as certification that all violations noted on the report have been corrected and action has been taken to ensure compliance with the applicable safety regulations.

(f) Within 15 days of a vehicle being placed out-of-service, the motor carrier shall complete the certifications required in (e) above and shall return the completed driver vehicle examination report by facsimile at (603) 271-1760 or by first class mail to:

NH Department of Safety

Division of State Police

Troop G

33 Hazen Drive

Concord, NH 03305

(g) DSSP 342, “Out-of-Service Vehicle” sticker, revised 09/10, shall be placed upon any vehicle declared out-of-service pursuant to (d) above.

(h) Every state police trooper or other law enforcement agent certified to conduct motor carrier truck inspections shall utilize the “North American Standard Out-of-Service Criteria” (April 1, 2023 edition) and the “North American Standard Out of Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” as defined in 49 CFR 173.403, (April 1, 2022 edition), available as noted in Appendix B, to determine whether to place a vehicle out-of-service pursuant to this section.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18; amd by #12817-B, eff 6-27-19; ss by #13084, eff 8-7-20; amd by #13203, eff 5-6-21; amd by #13477, eff 10-26-22; amd by #13638, eff 5-19-23

N.H. Code Admin. R. Ann. Saf-C 604.03 Inspection of Damaged Vehicles {#sec-saf-c-604.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 604.03}

No motor vehicle used to transport hazardous materials that has been damaged in an accident shall be operated until the vehicle is determined to be in safe condition pursuant to 49 CFR 170-189, 49 CFR 390- 397, and 10 CFR 71 and 73.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
#8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

Part Saf-C 605 Reporting and Tactical Site Supervision

N.H. Code Admin. R. Ann. Saf-C 605.01 Immediate Notice of Certain Hazardous Materials Incidents {#sec-saf-c-605.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 605.01}

(a) Each motor carrier who transports hazardous materials shall immediately notify the department after any incident pursuant to 49 CFR 171.15 which has occurred during the course of transportation, loading, unloading, or storage.

(b) Each notification pursuant to (a) above shall be given to the department by telephone at state police headquarters, (603) 223-4381. Interstate shippers shall give notice to federal agencies pursuant to the requirements of 49 CFR 171.15.

(1) The reporting party’s name;

(2) The name and address of reporting party’s motor carrier;

(3) The telephone number where reporting party can be contacted;

(4) The date, time, and location of incident;

(5) The extent of injuries, if any;

(6) The classification, name, and quantity of hazardous materials involved, if available; and

(7) The type of incident, nature of hazardous materials involved, and whether a continuing danger to life exists at the scene.

(d) Each motor carrier who makes a report pursuant to this section shall also make the report required by Saf-C 605.02.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRES: 1-2-98
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 605.02 Detailed Hazardous Materials Incident Reports {#sec-saf-c-605.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 605.02}

(a) Each motor carrier required to report hazardous materials incidents pursuant to 49 CFR 171.15 or 171.16 shall notify the department at state police headquarters in Concord, N.H. in accordance with the requirements of 49 CFR 171.15 and 171.16. Copies of reports that are required pursuant to 49 CFR 171.16 which are received by state police headquarters shall be considered in compliance with this section.

(b) Each motor carrier who makes a report pursuant to this section shall submit a copy of the report to:

The Assistant Commissioner of Safety

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305

(c) If the material spilled is the unintentional release of any quantity of hazardous waste as set forth in 49 CFR 171.16, the following shall be attached to the report submitted in (a) above:

(1) The hazardous waste manifest as set forth in 49 CFR 172.205;

(2) An estimate as to the quantity of hazardous waste removed from the scene; and

(3) The name and address of the facility where the hazardous waste was taken.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRED: 1-2-98
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

N.H. Code Admin. R. Ann. Saf-C 605.03 Radioactive Materials Incidents {#sec-saf-c-605.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 605.03}

(a) For the purposes of this section, “radioactive materials” means “radioactive materials” as defined in 49 CFR 173.403.

(b) In addition to any other reporting requirements of the federal regulations and these rules, each motor carrier shall notify the shipper no later than 12 hours following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving any shipment of radioactive materials.

History

#1461 eff. 10-16-79; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
#5219, eff 9-4-91; ss by #6562, Interim, eff 9-4-97, EXPIRED: 1-2-98
#8721-B, eff 9-8-06, EXPIRED: 9-8-14
#12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18
#12516, eff 4-23-18

Chapter Saf-C 700 Rules for Railroad Police

Part Saf-C 701 Definitions

N.H. Code Admin. R. Ann. Saf-C 701.01 Chapter Definitions {#sec-saf-c-701.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 701.01}

The following terms shall be construed as set forth unless the text clearly indicates otherwise:

(a) "Applicant" means a person intending to fulfill the statutory and administrative requirements to obtain an appointment within the meaning of RSA 381:2;

(b) "Commissioner" means the commissioner of the department of safety or a designee thereof;

(d) "Officer" means a person holding a valid commission as a railroad police officer; and

(e) "Railroad" means “railroad” as defined in RSA 381:1.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

Part Saf-C 702 Application

N.H. Code Admin. R. Ann. Saf-C 702.01 Application: Where Available {#sec-saf-c-702.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 702.01}

Application forms for police commission shall be made available at the office of the commissioner, James H. Hayes Building, 33 Hazen Drive, Concord, New Hampshire 03305, or online at http://www.nh.gov/safety/commissioner/rrpolice/documents/rrapp.pdf.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 702.02 Application Data Required {#sec-saf-c-702.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 702.02}

(a) The chief of the railroad police, on behalf of an applicant, shall complete Section I. of form DCOM 14 “Request for Railroad Police Commission”, effective May 2007.

(b) The chief of the railroad police shall affix his signature on form DCOM 14 and provide the date and his position. By providing his or her signature, the chief is declaring that the applicant listed in the application is in good standing with the railroad and that he or she recommends the applicant for the commission of railroad police officer by the state of New Hampshire.

(d) The applicant shall attach:

(1) A copy of either a diploma or a certificate of completion from a state approved basic police academy training program in this or another state; and

(2) A resume, or list on an attached piece of paper of all prior work experience in active law enforcement, including:

a. Employer’s name;

b. Employer’s address;

c. Employer’s telephone number; and

d. Dates of service.

(e) The applicant shall affix the date and his or her signature affirming, under penalties of unsworn falsification pursuant to RSA 641:3, that the contents of the application are true and correct to the best of his or her knowledge and that there is no current or pending charges or conditions that would disqualify the applicant from being commissioned as a railroad police officer.

(f) An authorized individual from the Police Standards and Training Council shall complete section III of form DCOM 14 “Request for Railroad Police Commission”, effective May 2007. The authorized individual shall affix his or her signature, his or her position and date. By providing his or her signature, the individual is declaring that the Police Standards and Training Council has reviewed the applicant’s qualification and determined that the individual has successfully completed such training as the Council determines for certification as a police officer in accordance with RSA 188-F.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 702.03 Submitting the Application {#sec-saf-c-702.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 702.03}

(a) The application shall be submitted to the:

Office of the Commissioner, Department of Safety

James H. Hayes Building

33 Hazen Drive

Concord, New Hampshire 03305.

(b) If an application is found to be incomplete, the railroad shall be notified in writing within 30 days of the date the application is received by the department.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 702.04 Cut-Off Date for Non-Certified Applicant {#sec-saf-c-702.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 702.04}

Pursuant to RSA 381:4, after August 21, 1979, no person shall be eligible for appointment as a railroad police officer unless such person is a certified police officer in accordance with RSA 188-F or the law of another state.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

Part Saf-C 703 Commissions

N.H. Code Admin. R. Ann. Saf-C 703.01 Granting Commissions {#sec-saf-c-703.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 703.01}

(a) Upon receipt of a completed application the commissioner shall, in a timely fashion but no later than 60 days after receiving the application, grant the railroad police commission so long as none of the conditions in Saf-C 704.01 (a) exist and advise the applicant of a time to appear at the department, James H. Hayes Building, 33 Hazen Drive, Concord, New Hampshire 03305.

(b) Upon personal appearance, an oath shall be administered and a certificate of commission issued to the applicant.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 703.02 Certificate of Commission {#sec-saf-c-703.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 703.02}

The certificate of commission shall contain the following:

(a) Name of the railroad concerned;

(b) Name and signature of the officer;

(d) The oath administered;

(e) The date of the commission; and

(f) The signature of the justice of the peace.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 703.03 Termination of Authority {#sec-saf-c-703.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 703.03}

(a) Pursuant to RSA 381:10, within 10 days after termination of employment of any railroad police officer, the railroad shall file notice of termination at the:

Office of the Commissioner

Department of Safety

James H. Hayes Building

33 Hazen Drive

Concord, New Hampshire 03305.

(b) Notices of termination filed with the commissioner shall include:

(1) The name of the former officer;

(2) The date of termination;

(3) The name of the railroad; and

(4) The signature and name of the chief police officer.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 703.04 Rescission of Authority {#sec-saf-c-703.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 703.04}

(a) Upon receipt of the notice of termination, the commissioner shall:

(1) Rescind the former officer's commission; and

(2) Give notice to the former officer thereof.

(b) The former officer shall return the certificate of commission to the department within 7 days.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

Part Saf-C 704 Rescinding Authority

N.H. Code Admin. R. Ann. Saf-C 704.01 Rescinding Authority for Cause {#sec-saf-c-704.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 704.01}

(a) The commissioner shall, after opportunity for hearing as prescribed in Saf-C 200, rescind an officer's commission upon finding:

(1) That, subsequent to commission, an officer has been convicted of a criminal offense in this or any other jurisdiction;

(2) That an officer has engaged in any activities that are contrary to the public's safety or to the orderly administration of justice;

(3) That the officer’s chief police officer so recommends, in writing, the reasons an officer’s commission should be rescinded;

(4) That the officer has refused or neglected to complete any mandatory training programs required by the New Hampshire police standards and training council pursuant to its statute or administrative rules; or

(5) The officer is no longer certified, in accordance with RSA 188-F or the equivalent law of another state, or whose certification has been suspended or revoked by the law enforcement training and certification agency in this or another state.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 704.02 Return of Certification Required {#sec-saf-c-704.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 704.02}

(a) In the event that a commission is rescinded, the former officer shall return the certificate of commission to the commissioner.

(b) Such a person shall be ineligible for a new commission unless the commissioner, after a hearing as prescribed in Saf-C 200, finds that the person should again be commissioned in accordance with these rules.

(c) Such person shall not be eligible for a hearing, as prescribed in (b) above, for a period of one year from the original rescission of authority.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

Part Saf-C 705 Rules of Conduct

N.H. Code Admin. R. Ann. Saf-C 705.01 Identification {#sec-saf-c-705.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 705.01}

(a) Railroad police officers shall give their name, rank, and duty station to any person who requests such identifying information while on duty, except when serving in an undercover capacity.

(b) Railroad police officers shall not allow:

(1) Any other person to use the railroad police officer's badge;

(2) Any other person to use any other means of personal identification belonging to the railroad police officer; or

(3) Such badge or identification to be reproduced.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 705.02 Cooperation with Other Law Enforcement Agencies {#sec-saf-c-705.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 705.02}

(a) Railroad police officers shall cooperate fully at all times with state police, county sheriffs, and local police departments when working within the jurisdiction of such department.

(b) Railroad police officers shall:

(1) Not conceal evidence of any crime from another law enforcement agency; and

(2) Report all crimes discovered by them to the state police and the appropriate local police agency having jurisdiction.

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

N.H. Code Admin. R. Ann. Saf-C 705.03 Rule Violations {#sec-saf-c-705.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 705.03}

(a) The commissioner shall, after an opportunity for hearing as prescribed in Saf-C 200, suspend an officer's commission on finding that an officer has engaged in any activities that constitute a violation of these rules.

(b) Such commission shall be suspended for a period not to exceed one year from the date of hearing.

APPENDIX

Rule

Statute

Saf-C 701.01

RSA 541-A:7

Saf-C 702.01

RSA 381:2

Saf-C 702.02(a) & (c)

RSA-A 541-A:19-b

Saf-C 702.02(b)(d)(e)(f)

RSA 381:4

Saf-C 702.03

RSA 381:2

Saf-C 702.04

RSA 381:4

Saf-C 703.01

RSA 381:16

Saf-C 703.02

RSA 541-A:16, I(b)(1)

Saf-C 703.03 & 703.04

RSA 381:10

Saf-C 704.01

RSA 541-A:30 & RSA 381:2

Saf-C 704.02

RSA 381:2

Saf-C 705.01

RSA 381:2; RSA 381:7 ; RSA 381:12

Saf-C 705.02

RSA 381:2

Saf-C 705.03

RSA 541-A:30 & RSA 381:2

History

#2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
#8776, eff 12-23-06; ss by #10889, eff 7-16-15

Chapter Saf-C 800 Self-Dialing Telephone Alarm Systems

Part Saf-C 801 Scope

N.H. Code Admin. R. Ann. Saf-C 801.01 Rules of Construction {#sec-saf-c-801.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 801.01}

The statutory rules of construction set forth in RSA 21 shall apply to the rules in this chapter.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

N.H. Code Admin. R. Ann. Saf-C 801.02 Scope of the Chapter {#sec-saf-c-801.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 801.02}

This chapter shall:

(a) Govern the connection of self-dialing telephone alarms to any receiving agency;

(b) Not relieve a person from fulfilling and complying with any other county, city, or town requirements; and

(c) Not preclude any receiving agency from prescribing requirements not in conflict with the requirements appearing herein.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

Part Saf-C 802 Definitions

N.H. Code Admin. R. Ann. Saf-C 802.01 Definition of Terms {#sec-saf-c-802.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 802.01}

Terms used in this chapter shall be defined as follows unless a different meaning is clearly apparent from the text:

(a) “Self-dialing telephone alarm” means “self-dialing telephone alarm” as defined in RSA 370-A:1, II. The term includes “alarm”;

(b) “Department” means the New Hampshire department of safety;

(d) “Receiving agency” means “governmental agency” as defined in RSA 370-A:1, I. The term does not include “911”; and

(e) “User” means a person who utilizes a self-dialing telephone alarm.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

Part Saf-C 803 Alarm Specifications

N.H. Code Admin. R. Ann. Saf-C 803.01 Message Content and Format {#sec-saf-c-803.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 803.01}

(a) The alarm system shall transmit a pre-recorded message to the receiving agency in the format prescribed in (b) below.

(b) The message of the tape shall:

(1) Be of a standard format as prescribed by the receiving agency; and

(2) Contain a specific description of the address of the source of the alarm, including directions of how to get the address.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

N.H. Code Admin. R. Ann. Saf-C 803.02 Sample Recordings {#sec-saf-c-803.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 803.02}

Test or sample recordings shall be made available by the user to the receiving agency prior to installation.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

N.H. Code Admin. R. Ann. Saf-C 803.03 Telephone Line Used {#sec-saf-c-803.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 803.03}

Alarms shall be connected so as to ring the telephone number prescribed by the receiving agency.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

N.H. Code Admin. R. Ann. Saf-C 803.04 Frequency of Call {#sec-saf-c-803.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 803.04}

Alarms shall be installed and utilized so as to notify the receiving agency of a fire or an unauthorized entry.

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

Part Saf-C 804 Notification of Connection

N.H. Code Admin. R. Ann. Saf-C 804.01 Application, Data Required {#sec-saf-c-804.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 804.01}

(a) Any person applying for permission to connect an alarm shall furnish to the receiving agency the following:

(1) The name, address, and telephone number of the subscriber;

(2) The type of protection afforded by the alarm, whether burglary or fire;

(3) The name, address, and telephone number of 2 persons to be called in the event of alarm activation;

(4) Whether the alarm is monitored by any other person or agency, and if so, the name, address, and telephone number of same;

(5) The name, address, and telephone number of the alarm service company;

(6) The subscriber’s signature; and

(7) The approving officer's signature.

(b) The information above shall be provided on a form prescribed by the receiving agency. The department shall make available standardized application forms which the receiving agency may utilize.

APPENDIX

Rule

Specific State Statute the Rule Implements

Saf-C 801-802

RSA 541-A:7

Saf-C 803

RSA 370-A:2

Saf-C 804.01(a)(1)-(7)

RSA 541-A:19-b

Saf-C 804.01(b)

RSA 370-A:2

History

#2282, eff 1-16-83; ss by #2791, eff 8-2-84; ss by #5068, eff 2-21-91; ss by #6457, INTERIM, eff 2-21-97, EXPIRES: 6-21-97; ss by #6474, eff 3-25-97; ss by #8307, INTERIM, eff 3-25-05, EXPIRES: 9-21-05; ss by #8392, eff 7-22-05; EXPIRED: 7-22-13
#12771, eff 5-2-19

Chapter Saf-C 900 Motor Carrier Safety Rules

Part Saf-C 901 Authority and Applicability

N.H. Code Admin. R. Ann. Saf-C 901.01 Applicability {#sec-saf-c-901.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 901.01}

These rules shall be applicable to all motor carriers and all drivers of commercial motor vehicles, in either intrastate or interstate commerce.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96; amd by #6561, eff 8-20-97; paragraph (a) EXPIRED: 10-11-04; amd by #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 901.02 Adoption of Federal Standards {#sec-saf-c-901.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 901.02}

(a) Pursuant to RSA 266:72-a, the commissioner hereby incorporates 49 CFR 107, 382, and 385 through 397.

(b) The federal regulations incorporated in (a) above shall be applicable to all drivers and motor carriers set forth in Saf-C 901.01.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 901.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 901.03 Application of Federal Standards {#sec-saf-c-901.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 901.03}

(a) The following terms, as used in the federal regulations incorporated by Saf-C 901.02, shall have these additional meanings:

(1) United States Department of Transportation also means the New Hampshire department of safety;

(2) Secretary of Transportation also means commissioner of the New Hampshire department of safety; and

(3) Any other reference to federal agencies where there is no comparable state agency also means the New Hampshire department of safety.

(b) In the event there is a dispute regarding the interpretation of the federal standard of application of any rule incorporated by Saf-C 901.02, as it applies to intrastate commerce, the federal interpretation of the rule as it appears in the federal register or the most recent version of the Federal Motor Carrier Safety Administration motor carrier regulation information system shall be used.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 901.02) ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Part Saf-C 902 Definitions

N.H. Code Admin. R. Ann. Saf-C 902.01 49 CFR {#sec-saf-c-902.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.01}

"49 CFR" means Title 49 of the Code of Federal Regulations.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 902.02 Commercial motor vehicle {#sec-saf-c-902.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.02}

“Commercial motor vehicle” means “commercial motor vehicle” as defined in 49 CFR 390.5 except for vehicles designed or used to transport less than 16 passengers, including the driver, and except for vehicles described in RSA 266:72-a, VI.

History

#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 902.03 Commissioner {#sec-saf-c-902.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.03}

"Commissioner" means "commissioner" as defined in RSA 259:13, or the commissioner’s designee.

History

#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23 (formerly Saf-C 902.02)

N.H. Code Admin. R. Ann. Saf-C 902.04 Department {#sec-saf-c-902.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.04}

"Department" means "department" as defined in RSA 259:19.

History

#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23 (formerly Saf-C 902.03)

N.H. Code Admin. R. Ann. Saf-C 902.05 Documents {#sec-saf-c-902.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.05}

"Documents" mean all information, including digital and analog supporting documentation such as, but not limited to toll receipts, fuel receipts, lodging, meals, repair receipts, bills of lading, and dispatch records, which is directly or indirectly related to the motor carrier's operation, maintained in the ordinary course of business or used by the motor carrier to verify the information recorded on the driver's record of duty status.

History

#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23(formerly Saf-C 902.04)

N.H. Code Admin. R. Ann. Saf-C 902.06 Driver {#sec-saf-c-902.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.06}

“Driver” means “driver” of a commercial motor vehicle as defined in 49 CFR 390.5.

History

#8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 902.07 Medical examiner {#sec-saf-c-902.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.07}

"Medical examiner" means a person who is licensed, certified, and registered to perform physical examinations as specified in 49 CFR 390.103.

History

#13684, eff 7-17-2(formerly Saf-C 902.05)

N.H. Code Admin. R. Ann. Saf-C 902.08 Motor carrier {#sec-saf-c-902.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.08}

“Motor carrier” means “motor carrier” as defined in 49 CFR 390.5.

History

#13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 902.09 Serious traffic violation {#sec-saf-c-902.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 902.09}

"Serious traffic violation" means:

(a) “Serious traffic violation” as defined in RSA 259:98-a, I through III and V through XI; and

(b) Pursuant to RSA 259:98-a, IV, a conviction, when operating a commercial motor vehicle, of any of the following statutes or equivalent out-of-state convictions:

(1) Excessive speeding, pursuant to RSA 265:60, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

(2) Reckless driving, pursuant to RSA 265:79, including but not limited to offenses for driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;

(3) Improper or erratic lane changes or turning, pursuant to RSA 265:24, I, RSA 265:44, and RSA 265:45;

(4) Following too closely, pursuant to RSA 265:25;

(5) Driving under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;

(6) Leaving the scene of a motor vehicle accident resulting in death, personal injury, or damage to property, pursuant to RSA 264:25;

(7) Negligent homicide involving a motor vehicle, pursuant to RSA 630:3;

(8) Manslaughter resulting from the operation of a motor vehicle, pursuant to RSA 630:2;

(9) Racing on highways, pursuant to RSA 265:75;

(10) Negligent driving, pursuant to RSA 265:79-b;

(11) Driving after revocation or suspension, pursuant to RSA 263:64;

(12) Driving a commercial motor vehicle without obtaining a commercial driver’s license pursuant to RSA 263:86;

(13) Using a mobile electronic device while driving pursuant to RSA 265:79-c; and

(14) Causing death or serious bodily injury with a vehicle pursuant to RSA 265:79-a.

History

#13684, eff 7-17-23 (formerly Saf-C 902.06)

Part Saf-C 903 General Administration

N.H. Code Admin. R. Ann. Saf-C 903.01 Duty of Motor Carrier {#sec-saf-c-903.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 903.01}

(a) A driver of a motor carrier shall stop their vehicle on the request of any law enforcement officer of the department or other law enforcement agent certified to conduct commercial motor vehicle inspections so that the officer may:

(1) Examine:

a. Vehicle components;

b. Driver's physical condition;

c. Cargo condition; and

d. Documents; and

(2) Enter the cab or cargo area as necessary to determine that:

a. The vehicle is in safe operating condition and in compliance with applicable federal and state regulations; and

b. The cargo is properly secured.

(b) Every driver of a commercial motor vehicle, owner or operator of a motor carrier, or their authorized agent, shall make available during roadside inspections accounts, books, records, receipts, memoranda, correspondence, and any other documents for review and inspection, upon demand by any enforcement officer of the department or other law enforcement agent certified to conduct commercial motor vehicle inspections who in the course of enforcing these rules is acting within the scope of his or her duties and authority. If the documents are not readily available roadside, they shall be made available at the motor carrier's principal place of business during regular business hours.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 901.04); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 903.02 Enforcement of These Rules {#sec-saf-c-903.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 903.02}

This chapter shall be enforced pursuant to the general penalty provisions of RSA 262:41 except for the following:

(a) Violations of hazardous materials transportation, pursuant to RSA 265:118;

(b) Violations of disqualification and out of service orders pursuant to RSA 263:93-a and RSA 263:93-c; and

(c) Pursuant to RSA 266:72-a, V(c), any driver who fails to stop or allow inspection as described in RSA 266:72-a, V(a) shall be guilty of a misdemeanor. A second violation of RSA 266:72-a, V(a) shall result in suspension of the person's license or privilege to drive in New Hampshire and notification of such suspension to national motor vehicle license databases.

History

#8404, eff 8-2-05 (from Saf-C 901.05); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Part Saf-C 904 Motor Carrier Drivers

N.H. Code Admin. R. Ann. Saf-C 904.01 Qualifications; Exemptions {#sec-saf-c-904.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 904.01}

(a) A person driving a commercial motor vehicle in interstate commerce, as or on behalf of a motor carrier, shall be at least 21 years of age.

(b) Notwithstanding (a) above, pursuant to RSA 21-P:18, a person may drive a commercial motor vehicle in intrastate commerce carrying home heating oil for the purpose of making retail deliveries if they are at least 18 years of age on or before January 1, 2011.

(c) Notwithstanding (a) above, a person driving a commercial motor vehicle in intrastate commerce as or on behalf of a motor carrier, carrying items other than hazardous materials, hazardous substances, or hazardous waste, shall be at least 18 years of age.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90, EXPIRED: 11-16-96
#8404, eff 8-2-05 (from Saf-C 902.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Part Saf-C 905 Safety Equipment Requirements

N.H. Code Admin. R. Ann. Saf-C 905.01 Safety Equipment Exemptions {#sec-saf-c-905.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 905.01}

The brake requirement rules set forth in 49 CFR 393.42 shall not apply to the towing in intrastate commerce of the following, pursuant to RSA 266:30:

(a) A motor vehicle trailer or semi-trailer with a gross weight of less than 3,000 pounds if the axle weight of the towed vehicle does not exceed 40 percent of the sum of the rated axle weights of the towing vehicle:

(b) Wood-sawing machines;

(d) Cement mixers;

(e) Compressors;

(f) Tar kettles;

(g) Conveyers;

(h) Devices of 2 wheels used by public utilities for the transportation of no more than 6 cables or poles;

(i) Road rollers and sweepers;

(j) Thawing devices; and

(k) Refreshment booths on wheels towed not more than 2 miles at any one time.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 903.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Part Saf-C 906 Driving and on-Duty Time Limited

N.H. Code Admin. R. Ann. Saf-C 906.01 Driver Out-of-Service {#sec-saf-c-906.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 906.01}

(a) Every law enforcement agent certified to conduct commercial motor vehicle inspections shall be authorized to declare a driver out-of-service upon discovering a violation of the out of service criteria.

(b) A driver or motor carrier shall not require or permit an out-of-service driver to operate a commercial motor vehicle until that driver may do so lawfully.

(c) The criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria” (April 1, 2023 edition). For those drivers of vehicles transporting highway route controlled quantities of radioactive materials, the criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” (April 1, 2022 edition).

History

#2705, eff 5-9-84; amd by #3110, eff 8-30-85; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 905.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; amd by #12769, eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202, eff 5-6-21; amd by #13478, eff 10-26-22; ss by #13684, eff 7-17-23

Part Saf-C 907 Preventive Maintenance and Repairs

N.H. Code Admin. R. Ann. Saf-C 907.01 Declaring A Commercial Vehicle Out-of-Service {#sec-saf-c-907.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 907.01}

(a) Every law enforcement agent certified to conduct commercial motor vehicle inspections shall be authorized to declare a vehicle out-of-service upon discovery of a violation of any law or rule that would render further operation of the motor vehicle so imminently hazardous as to be likely to cause an accident or breakdown of the motor vehicle, because of its mechanical condition or loading.

(b) The criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-Of-Service Criteria” (April 1, 2023 edition). For those vehicles transporting highway route controlled quantities of radioactive materials, the criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” (April 1, 2022 edition).

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 906.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; amd by #12769, eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202, eff 5-6-21; amd by #13478, eff 10-26-22; ss by #13684, eff 7-17-23

Part Saf-C 908 Federal Financial Responsibility Requirements

N.H. Code Admin. R. Ann. Saf-C 908.01 Financial Responsibility {#sec-saf-c-908.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 908.01}

Every motor carrier operating motor vehicles transporting passengers or property in interstate commerce shall comply with the minimum levels of financial responsibility for carriers set forth in 49 CFR 387, and every motor carrier transporting hazardous materials interstate or intrastate, shall comply with the minimum levels of financial responsibility for carriers set forth in 49 CFR 387.9.

History

#2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
#8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
#8404, eff 8-2-05 (from Saf-C 907.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Part Saf-C 909 Intrastate Medical Waiver

N.H. Code Admin. R. Ann. Saf-C 909.01 Applicability {#sec-saf-c-909.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.01}

(a) This part shall apply to all drivers of commercial motor vehicles who operate exclusively within the state of New Hampshire.

(b) This part shall not apply to drivers who drive a school bus in a home-to-school or school-to-home mode of transportation.

History

#8404, eff 8-2-05 (from Saf-C 908.01); ss by #10215, eff 10-25-12; amd by #12119, eff 2-23-17; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.02 Waiver {#sec-saf-c-909.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.02}

A person who is not physically qualified to drive due to having a physical deficiency, as listed in 49 CFR 391.41(b)(1)-(13), but who is qualified to drive a commercial motor vehicle pursuant to 49 CFR 391.11 and has not been disqualified pursuant to 49 CFR 391.15, shall be authorized to drive a commercial motor vehicle if the commissioner grants a waiver pursuant to Saf-C 909.09.

History

#8404, eff 8-2-05 (from Saf-C 908.02); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.03 Application for Medical Waiver {#sec-saf-c-909.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.03}

(a) Each applicant for a waiver of the physical disqualification shall submit an application to the commissioner. The application shall be addressed and mailed to:

Department of Safety

Division of Motor Vehicles

23 Hazen Drive

Concord, NH 03305

Attn: Medical Waiver Program

(b) The application in (a) above shall be submitted jointly by the driver-applicant requesting the waiver and by the motor carrier that will employ the driver-applicant if the waiver is granted, who shall be the co-applicant.

History

#8404, eff 8-2-05 (from Saf-C 908.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.04 Motor Carrier Safety Rules {#sec-saf-c-909.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.04}

Information Required.

(a) All persons seeking a medical waiver shall complete and submit DSMV 558, “Application for Waiver of Physical Deficiency”, (rev. 04/23).

(b) By signing and dating the medical waiver form, each driver-applicant, official of the employing motor carrier, and medical examiner shall certify that they are signing the form under the penalties of unsworn falsification pursuant to RSA 641:3.

History

#8404, eff 8-2-05 (from Saf-C 908.04); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.05 Information to Accompany Medical Waiver Application {#sec-saf-c-909.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.05}

Each driver-applicant shall attach the following to their application for a waiver:

(a) A copy of the results of the medical examination, conducted pursuant to 49 CFR 391.43;

(b) A copy of the medical certificate completed pursuant to 49 CFR 391.43 (f);

(c) A completed copy of the employment application from the last commercial driving position they held, pursuant to 49 CFR 391.21; and

(d) A copy of the driver-applicant’s certified State Motor Vehicle record for the past three (3) years from each state in which a driver license or permit has been obtained and any at fault accident report records on file for the past ten (10) years.

History

#8404, eff 8-2-05 (from Saf-C 908.05); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.06 Information to be Provided to the Medical Examiner {#sec-saf-c-909.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.06}

The driver-applicant or co-applicant shall provide the medical examiner with a description of the job tasks the driver applicant will be required to perform.

History

#8404, eff 8-2-05 (from Saf-C 908.06); ss by #10215,e ff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.07 Contents of a Medical Evaluation Summary {#sec-saf-c-909.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.07}

(a) Each driver-applicant, who is not physically qualified pursuant to 49 CFR 391.41(b), shall obtain a medical evaluation summary, typewritten or in legible form, from a medical examiner, who has expertise with the driver-applicant's specific medical condition.

(b) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(1) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle; and

(2) A description of any prosthetic device from a medical examiner or specialist.

(c) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(2) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle;

(2) An assessment and medical opinion of whether the condition is likely to remain medically stable for the duration of the medical waiver;

(3) A recommendation as to the period of time the medical waiver shall be valid, not to exceed 2 years; and

(4) A description of any prosthetic device from a medical examiner or specialist.

(d) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(3)-(13) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle;

(2) An assessment and medical opinion of whether the condition is likely to remain medically stable for the duration of the medical waiver; and

(3) A recommendation as to the period of time the medical waiver shall be valid, not to exceed 2 years.

History

#8404, eff 8-2-05 (from Saf-C 908.07); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.08 Road Skills Evaluation {#sec-saf-c-909.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.08}

(a) Upon initial application, each driver-applicant shall demonstrate to an agent of the department his or her ability to safely drive the motor vehicle(s) he or she intends to operate and to perform normal tasks associated with operation of such commercial motor vehicle(s).

(b) Upon renewal, a driver-applicant whose condition has degraded since his or her last application shall demonstrate to an agent of the department his or her ability to safely drive the motor vehicle(s) he or she intends to operate and to perform normal tasks associated with operation of such commercial motor vehicle(s); and

(1) Manipulating knobs and switches;

(2) Holding and maneuvering the steering wheel;

(3) Shifting a manual transmission, if the commercial motor vehicle(s) is so equipped;

(4) Having sufficient strength to operate the brakes;

(5) Having sufficient strength to engage the clutch, if the commercial motor vehicle(s) is so equipped;

(6) Having sufficient neck and head mobility to look over his or her shoulder when backing up, if necessary; and

(7) Having sufficient strength to secure chains or other securement devices, if applicable.

History

#8404, eff 8-2-05 (from Saf-C 908.08); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.09 Criteria for Granting or Denying a Medical Waiver {#sec-saf-c-909.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.09}

(a) The commissioner shall consider the following when deciding to grant or deny a waiver:

(1) Whether the driver-applicant is able to drive the type of commercial motor vehicle without any obstruction caused by his or her physical deficiency;

(2) Whether the results of the medical examination and medical evaluation summary conclude that the driver-applicant's physical deficiency will not hinder his or her ability to drive safely for the duration of the medical waiver; and

(3) Whether the driver-applicant's certified driver record includes moving violations, at-fault accidents, or both for the past 10 years.

(b) The commissioner shall determine, pursuant to RSA 266:72-a, III and (a) above, whether it would or would not jeopardize public safety to grant a waiver.

History

#8404, eff 8-2-05 (from Saf-C 908.10); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.10 Granting of Medical Waiver {#sec-saf-c-909.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.10}

(a) The commissioner shall grant a medical waiver in the event that doing so would not jeopardize public safety pursuant to Saf-C 909.09(b).

(b) In the event the commissioner grants a medical waiver, they shall notify the driver-applicant, the medical examiner, and the co-applicant, if applicable, of the terms of the waiver.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.11 Denial of Medical Waiver {#sec-saf-c-909.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.11}

(a) In the event the commissioner denies a medical waiver, they shall notify the driver-applicant in writing.

(b) Each person denied a medical waiver shall have an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.12 Renewal Process {#sec-saf-c-909.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.12}

(a) The renewal process may be initiated by the driver-applicant 60 days prior to the expiration date of the waiver.

(b) All persons seeking a renewed medical waiver shall submit DSMV 558, “Application for Waiver of Physical Deficiency”, (rev. 06/23).

(c) Each driver-applicant who has a medical waiver because they are not physically qualified pursuant to Saf-C 909.07(c), shall be required to obtain a current medical evaluation summary in order to renew a medical waiver.

History

#8404, eff 8-2-05 (from Saf-C 908.11); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.13 Criteria for Granting or Denying a Renewal Medical Waiver {#sec-saf-c-909.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.13}

(a) The commissioner shall consider the following when deciding to grant or deny a renewal medical waiver:

(1) Whether the driver-applicant is able to drive the type of commercial motor vehicle without any obstruction caused by their physical deficiency;

(2) Whether the results of the medical examination and medical evaluation summary conclude that the driver's physical deficiency will not hinder their ability to drive safely for the duration of the renewal medical waiver;

(3) Whether the driver-applicant's certified driver record includes moving violations incurred while driving under the current medical waiver;

(4) Number of accidents caused by the driver-applicant while driving under the current medical waiver; and

(5) Whether the driver-applicant violated any of the provisions of Saf-C 909.16 while driving under the current medical waiver.

(b) The commissioner shall determine, pursuant to RSA 266:72-a, III and (a) above, whether it would or would not jeopardize public safety to grant the renewal of a medical waiver.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.14 Granting of Renewal Medical Waiver {#sec-saf-c-909.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.14}

(a) The commissioner shall grant a renewal medical waiver in the event that doing so would not jeopardize public safety pursuant to Saf-C 909.13(b).

(b) In the event the commissioner grants a renewal medical waiver, they shall notify the driver-applicant, the medical examiner, and the co-applicant, if applicable, of the terms of the waiver.

(c) A renewal waiver shall be valid for a period of 2 years from the date the renewal waiver is granted, unless otherwise specified by the department upon the recommendation of a medical examiner.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.15 Denial of Renewal Medical Waiver {#sec-saf-c-909.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.15}

(a) In the event the commissioner denies a renewal medical waiver, they shall notify the driver-applicant in writing.

(b) Each person denied a renewal medical waiver shall have an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.16 Duties {#sec-saf-c-909.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.16}

(a) Each driver who has obtained a medical waiver or motor carrier that employs a commercial driver who has obtained a medical waiver shall:

(1) File with the commissioner, within 30 days of occurrence, the following:

a. Any accident;

b. Any driver license suspension or revocation; or

c. Any motor vehicle conviction;

(2) Permit the driver to drive only the type of commercial motor vehicle(s) set forth in the medical waiver, subject to all the conditions and limitations of the waiver; and

(3) Maintain a copy of the medical waiver in its driver qualification files.

(b) Each driver who obtains a medical waiver shall furnish each employing motor carrier with a copy of the medical waiver and notify the department of any change in employment.

(c) Each driver shall have the medical waiver, or a legible copy of the waiver, in his or her possession when driving a commercial motor vehicle.

(d) Each driver shall immediately notify the department in the event the driver's medical condition deteriorates to such a degree that will interfere with his or her ability to safely drive a commercial motor vehicle.

History

#8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.17 Revocation of Waiver {#sec-saf-c-909.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.17}

(a) The commissioner shall revoke a waiver for just cause after the driver is given notice and an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

(b) For the purposes of (a) above, "just cause" shall include:

(1) Evidence of deterioration of medical condition;

(2) Evidence of a serious traffic violation, as set forth in Saf-C 902.06;

(3) Evidence that the driver caused an accident;

(4) Evidence that the driver is driving a motor vehicle not listed in the application;

(5) Evidence that the driver is not able to operate the type of commercial vehicle without any obstruction caused by their physical deficiency; or

(6) Evidence of a violation of any of the provisions of these rules.

(c) The determination by the commissioner whether a waiver will be revoked shall be based upon the facts and circumstances of each case.

(d) Notwithstanding (a) above, the commissioner shall revoke a waiver immediately, pursuant to RSA 263:59, if the commissioner receives evidence that the driver:

(1) Is physically or mentally an improper or incompetent person to drive a commercial motor vehicle;

(2) Is driving improperly or so as to endanger the public;

(3) Is appealing a conviction of a serious traffic violation, as set forth in Saf-C 902.06; or

(4) Made a material false misrepresentation in the application or renewal application of the medical waiver.

(e) Any driver who has had their waiver revoked pursuant to (d) above, shall be entitled to a hearing. Any driver desiring a hearing shall present a written request for such to the bureau of hearings in the department. The bureau of hearings shall schedule the requested hearing no later than 15 days from receipt of the hearing request.

History

#8404, eff 8-2-05 (from Saf-C 908.13); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

N.H. Code Admin. R. Ann. Saf-C 909.18 False Information {#sec-saf-c-909.18 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 909.18}

(a) False information contained in the application or renewal application by either the driver-applicant or the co-applicant shall be grounds for denying a waiver or for revoking a waiver.

(b) The determination by the commissioner whether a waiver will be denied or revoked because of false information shall be based upon the facts and circumstances of each case.

APPENDIX A

Rule

Specific State Statute the Rule Implements

Saf-C 901.01-901.03

RSA 266:72-a

Saf-C 902.01-902.02

49 CFR; RSA 541-A:7

Saf-C 902.03

RSA 259:13

Saf-C 902.04

RSA 259:19

Saf-C 902.05-902.08

49 CFR; RSA 541-A:7

Saf-C 902.09

RSA 259:98-a; RSA 541-A:7

Saf-C 903.01

RSA 266: 1; RSA 266:72-a

Saf-C 903.02

RSA 262:41

Saf-C 904.01

RSA 21-P:17; RSA 21-P:18; RSA 266:72-a

Saf-C 905.01

RSA 266:30

Saf-C 905.01(a)

RSA 266:30; RSA 266:72-a

Saf-C 906.01 & Saf-C 907.01

RSA 266:72-a

Saf-C 908.01

RSA 264:21 & RSA 266:72-a

Saf-C 909

RSA 266:72-a, III

APPENDIX B

Rule

Material Incorporated

How Material May be Obtained

Saf-C 906.01(c) and Saf-C 907.01(b)

North American Standard Out-of-Service Criteria (April 1, 2023)

Available from the publisher, Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 301

Greenbelt, MD 20770

Telephone: 301.830-6143

Fax: 301.830-6144

Purchase Online: https://www.cvsa.org/inspections/inspections/out-of-service-criteria/

Cost: $50.00, plus shipping; members $45.00 plus shipping.

Saf-C 906.01(c) & Saf-C 907.01(b)

North American Standard Out of Service Criteria and Level VI Inspection Procedures for Commercial Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403 (April 1, 2022)

Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 310

Greenbelt, MD 20770-6319

Tel: 301.830-6143

Fax: 301.830-6144

Available by email request by emailing Carlisle Smith: Carlisle Smith

Carlisle.smith@cvsa.org

Free of Charge

www.cvsa.org

History

#8404, eff 8-2-05 (from Saf-C 908.14); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Chapter Saf-C 1000 Driver Licensing

Part Saf-C 1001 Definitions

N.H. Code Admin. R. Ann. Saf-C 1001.11 Driver Licensing {#sec-saf-c-1001.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.11}

defining “licenses”.

N.H. Code Admin. R. Ann. Saf-C 1001.13 Driver Licensing {#sec-saf-c-1001.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.13}

defining “non-driver identification card”.

Part Saf-C 1019 Procedures in Cases of Personal Injury Accidents

N.H. Code Admin. R. Ann. Saf-C 1019.03 Summary of Findings {#sec-saf-c-1019.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1019.03}

N.H. Code Admin. R. Ann. Saf-C 1019.04 Statement of Seriously Injured Party {#sec-saf-c-1019.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1019.04}

N.H. Code Admin. R. Ann. Saf-C 1019.05 Decision of Hearing Examiner {#sec-saf-c-1019.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1019.05}

Document #13521 repealed the following rules in the Parts indicated:

Part Saf-C 1001 Definitions

N.H. Code Admin. R. Ann. Saf-C 1001.16 Driver Licensing {#sec-saf-c-1001.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.16}

defining “walk-in”.

Part Saf-C 1002 License Application Requirements

N.H. Code Admin. R. Ann. Saf-C 1002.02 Application, Data Required {#sec-saf-c-1002.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.02}

Part Saf-C 1008 Restricted Driver Licenses

N.H. Code Admin. R. Ann. Saf-C 1008.02 Outside Mirrors {#sec-saf-c-1008.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.02}

Part Saf-C 1011 General Administration

N.H. Code Admin. R. Ann. Saf-C 1011.03 Change of Gender {#sec-saf-c-1011.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.03}

Part Saf-C 1014 Problem Driver Pointer System

N.H. Code Admin. R. Ann. Saf-C 1014.01 Purpose {#sec-saf-c-1014.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.01}

N.H. Code Admin. R. Ann. Saf-C 1014.02 Definitions {#sec-saf-c-1014.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.02}

N.H. Code Admin. R. Ann. Saf-C 1014.03 Individual Requests {#sec-saf-c-1014.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.03}

N.H. Code Admin. R. Ann. Saf-C 1014.04 Employer’s Request {#sec-saf-c-1014.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.04}

N.H. Code Admin. R. Ann. Saf-C 1014.05 Fee {#sec-saf-c-1014.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.05}

N.H. Code Admin. R. Ann. Saf-C 1014.06 Waiver of Fee {#sec-saf-c-1014.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.06}

The former rule Saf-C 1011.14 titled “Autism Spectrum Disorder (ASD) Indication” in Document #12957, effective 12-23-19, Interim, expired 6-22-20 and was not adopted again.

The former rule Saf-C 204.19 titled “Suspension of Registration” was not readopted with amendment and renumbered with other existing rules from Part Saf-C 204 as rules in Part Saf-C 1016 but was allowed to expire 8-15-23. The prior filings affecting the expired Saf-C 204.19 included the following documents:

#6337, eff 9-25-96 (from Saf-C 203.19)

#7349, eff 8-22-00

#8174, INTERIM, eff 9-25-04

#8230-B, eff 12-17-04

#10395-B, eff 8-15-13, EXPIRED 8-15-23

The prior filings affecting the repealed Saf-C 1001.16 included the following documents:

#8109, eff 6-24-04

#10176, eff 8-23-12

The prior filings affecting the repealed Saf-C 1002.02 included the following documents:

#2077, eff 7-4-82

#2801, eff 8-3-84

#4647, eff 7-19-89

#4975, eff 11-13-90

#6069, INTERIM, eff 7-28-95

#6120, eff 11-22-95, EXPIRED: 11-22-03

#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04

#8109, eff 6-24-04

#10176, eff 8-23-12

#12957, INTERIM, eff 12-23-19, EXPIRED: 6-22-20 in (a)(7)

The prior filings affecting the repealed Saf-C 1008.02 included the following documents:

#6265, eff 6-11-96, EXPIRED: 6-11-04

#8109, eff 6-24-04

#10176, eff 8-23-12

The prior filings affecting the repealed Saf-C 1011.03 included the following documents:

#8109, eff 6-24-04

#10176, eff 8-23-12 (from Saf-C 1010.03)

#10775, eff 1-29-15

#12614, eff 8-23-18

#12957, INTERIM, eff 12-23-19, EXPIRED: 6-22-20 in paragraph (c)

The prior filings affecting the rules in the repealed Part Saf-C 1014 included the following documents:

#8109, eff 6-24-04

#10176, eff 8-23-12 (from Saf-C 1013)

The rules which were last filed in Document #10176, effective 8-23-12, did not expire on 8-23-22 but were extended pursuant to RSA 541-A:14-a until Document #13685 was effective 8-5-23.

Part Saf-C 1001 Definitions

N.H. Code Admin. R. Ann. Saf-C 1001.01 Applicant {#sec-saf-c-1001.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.01}

"Applicant" means a person intending to fulfill statutory and administrative requirements to hold a valid New Hampshire driver license or non-driver identification card.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-97; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.02 Appointment {#sec-saf-c-1001.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.02}

"Appointment" means the scheduled examination(s) that are required to obtain a driver license.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.03 Commissioner {#sec-saf-c-1001.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.03}

"Commissioner" means "commissioner" as defined in RSA 259:13.

History

#6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176 eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.04 Department {#sec-saf-c-1001.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.04}

"Department" means "department" as defined in RSA 259:19.

History

#6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.05 Director {#sec-saf-c-1001.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.05}

"Director" means "director" as defined in RSA 259:20.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, 7-19-89
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.03), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.06 Division {#sec-saf-c-1001.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.06}

"Division" means "division" as defined in RSA 259:22.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.04), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.07 Driver license {#sec-saf-c-1001.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.07}

"Driver license" means a license of any class to operate a motor vehicle issued by the state of New Hampshire.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.05), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-1212; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.08 Examination {#sec-saf-c-1001.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.08}

"Examination" means a knowledge, road skills, and visual acuity test, or any combination thereof.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 1-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.06), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.09 Eye doctor {#sec-saf-c-1001.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.09}

"Eye doctor" means either a licensed ophthalmologist or a licensed optometrist.

History

#4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.061), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.10 Legal address {#sec-saf-c-1001.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.10}

“Legal address” means specification of the location where a person makes his/her residence. The term does not include addresses consisting solely of a post office box number.

History

#10176, eff 8-23-12; ss by #13685, eff 8-5-23

N.H. Code Admin. R. Ann. Saf-C 1001.11 License {#sec-saf-c-1001.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.11}

“License” means “license” as defined in RSA 259:48, namely, “any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:

I. Any temporary or learner's permit;

II. The privilege of an unlicensed person to learn to drive a motor vehicle as provided in RSA 263:25;

III. The right of a nonresident to drive a vehicle in this state while holding a valid driver's license or permit issued by another state, territory or country whose drivers' licenses are recognized by this state; and

IV. Any other privilege which any person, either resident or nonresident, may have to drive a vehicle in this state.”

History

#13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1001.12 Mailing address {#sec-saf-c-1001.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.12}

"Mailing address" means specification of the location where a person regularly receives properly addressed mail via the U.S. postal service.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.08), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1001.11); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.11) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1001.13 Non-Driver Identification Card {#sec-saf-c-1001.13 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.13}

“Non-Driver Identification Card” means a photo identification card issued to NH residents who do not qualify for or currently have a valid driver license.

History

#13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1001.14 Original driver license {#sec-saf-c-1001.14 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.14}

"Original driver license" means the first New Hampshire driver license issued to a person.

1001.12)

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.08), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1001.11); ss by #13685, eff 8-5-23 (formerly Saf-C

N.H. Code Admin. R. Ann. Saf-C 1001.15 Person {#sec-saf-c-1001.15 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.15}

"Person" means a human being.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.10), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176; ss by #13685, eff 8-5-23 (formerly Saf-C 1001.13) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1001.16 Residence {#sec-saf-c-1001.16 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.16}

"Residence" means "residence" as defined in RSA 21:6-a.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.11), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1001.14) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1001.17 Resident {#sec-saf-c-1001.17 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1001.17}

"Resident" means "resident" as defined in RSA 21:6.

History

#6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1001.15) (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1002 License Application Requirements

N.H. Code Admin. R. Ann. Saf-C 1002.01 Application Form {#sec-saf-c-1002.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.01}

(a) The department shall furnish application form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23) at the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305, at any substation, or online.

(b) Each applicant shall submit form DSMV 450, in person to any substation or, if actively serving in the military, by mail to the following address:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(1) Original driver license;

(2) Renewal driver license;

(3) Real ID compliant driver license or non-driver identification card;

(4) Replacement driver license;

(5) Original, renewal, or replacement non-driver identification card; and

(6) Limited privilege license.

(d) Applicants shall complete and submit form DSMV 637 “Application for a Duplicate Driver License or Non-Driver ID Card,” (rev. 06/23) to the division for a duplicate driver license or a duplicate non-driver identification card.

(e) Applicants submitting either form DSMV 450 or DSMV 637 shall sign and date the form, and in doing so, shall certify the following under the penalties of unsworn falsification pursuant to RSA 641:3: “By signing above, I certify that I have paid all resident taxes or Interest and Dividends Tax (RSA 77) for which I am liable, and, if required, insurance certificates are on file with the Director of Motor Vehicles. My driving privileges are not subject to or under disqualification, suspension or revocation by any jurisdiction (does not apply to non-driver ID). This application is signed under penalty of unsworn falsification pursuant to RSA 641:3.”

(f) Applicants shall not submit any documentation or information with their application that is not required by New Hampshire law or administrative rule.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; para. (c) amd by #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; para. (c) amd by #12162, eff 4-24-17; ss by #13685, eff 8-5-23; ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1002.02 Positive Identification Required {#sec-saf-c-1002.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.02}

(a) If applying for an original Real ID compliant driver license or non-driver identification card, an applicant shall submit the required identity and residency documentation as listed on form DSMV 634A “Identity and Residency Requirements (Federally compliant),” (rev. 06/23).

(b) If applying for an original non-Real ID compliant driver license or non-driver identification card, an applicant shall submit the required identity and residency documentation as listed on form DSMV 634B “Identity and Residency Requirements (Not Federally compliant),” (rev. 06/23).

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.03) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.03 Application Fee {#sec-saf-c-1002.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.03}

(a) Each applicant shall submit a completed form DSMV 450 or form DSMV 637 with the statutory fee, pursuant to RSA 263:42, to the division.

(b) Payment shall be made in the form of cash, check, money order, or credit cards.

(c) Checks and money orders shall be made payable to "NH DMV". Alternative terms, including but not limited to "State of NH - Safety", "NH Department of Safety", "Treasurer - State of NH", or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the state of New Hampshire.

(d) The fee required by this section shall be waived for members of the armed forces if the applicant meets the requirements of RSA 263:11 and (e) below.

(e) Each applicant for a fee waiver shall complete and submit DSMV 76 “Armed Forces Affidavit of Residency,” (rev. 03/22) to the division, including:

(1) An affidavit, by which an applicant shall certify their:

a. Name and New Hampshire address of record;

b. Branch of the armed forces;

c. City or town where the applicant entered the armed forces;

d. Certification that the applicant's tour of duty is for 2 or more years;

e. Date on which tour of duty shall terminate;

f. Certification that the applicant's driving privileges are not under suspension or revocation by any jurisdiction; and

g. Service number and date of birth;

(2) Signature of the applicant, made in the presence of a commissioned officer; and

(3) Name, signature, address, phone number, and rank of a commissioned officer certifying that the applicant signed the affidavit in their presence.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.04) (see Revision Note at chapter heading or Saf-C 1000); ss by #13685, eff 8-5-23 (formerly Saf-C 1002.04) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.04 Requirements for Minor Applicant {#sec-saf-c-1002.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.04}

In addition to the other requirements set forth in these rules, each applicant for a driver license who is under the age of 18 shall submit the following to the division:

(a) A certificate of successful completion of an approved driver education program, pursuant to Saf-C 3100;

(b) Certification of completion of 40 hours of additional supervised driving time, 10 hours of which shall occur at night, pursuant to RSA 263:19, II, under the supervision of a licensed parent, step parent, or legal guardian; or, if there is no licensed parent, step parent, or legal guardian, a licensed adult over the age of 25, on form DSMV 509, “Certification of Additional Supervised Driving,” (rev. 06/23);

(c) A completed form DSMV 38 “Parent or Guardian Authorization Certificate,” (rev. 03/22), which shall include one of the following:

(1) Written permission for the issuance of a driver license from the minor applicant's parent, step parent, or legal guardian, or, if there is no parent, step parent, or legal guardian, an adult who has assumed legal responsibility over the minor applicant;

(2) A certified statement by an authorized insurance company representative that the minor applicant is insured; or

(3) Proof of emancipation by marriage or pursuant to RSA 461-B; and

(d) Any convictions or pending actions, pursuant to RSA 259:39.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.05) (see Revision Note at chapter heading or Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.05 Requirements for Non-United States Citizen {#sec-saf-c-1002.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.05}

(a) In addition to the other requirements set forth in these rules, each applicant for a driver license or non-driver identification card who is a non-United States citizen, shall submit the following to the division:

(1) If temporarily residing in New Hampshire for the purpose of employment:

a. Visa for employment in the name of the applicant, which may include the applicant’s spouse or dependent;

b. Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating date of entry into the United States, which may include the applicant’s spouse or dependent;

c. Social Security number identification card in the name of the applicant, evidence from the Social Security Administration that a social security number has been issued to the applicant, evidence from the Social Security Administration that the applicant is not eligible for a social security number, or W-2 bearing the applicant’s issued social security number; and

d. Proof of residency;

(2) If temporarily residing in New Hampshire for the purpose of attending a learning institution:

a. Visa for attending a learning institution in the name of the applicant, which may include the applicant’s spouse or dependent;

b. Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating date of entry into the United States, which may include the applicant’s spouse or dependent;

c. Valid I-20 form or DS-2019 form issued by Immigration and Customs Enforcement and completed by the learning institution in the name of the applicant authorizing attendance or that the applicant is a spouse or dependent;

d. Valid optional practical training card in the name of the applicant, if training for a period of time after graduation from a learning institution;

e. Social Security number identification card in the name of the applicant, evidence from the Social Security Administration that a social security number has been issued to the applicant, evidence from the Social Security Administration that the applicant is not eligible for a social security number, or W-2 bearing the applicant’s issued social security number, if in New Hampshire for the purpose of d. above; and

f. Proof of residency; and

(3) If a resident of New Hampshire pursuant to RSA 21:6:

a. Social Security number identification card in the name of the applicant and one of the following:

Valid permanent resident card in the name of the applicant;
Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating refugee or asylee status and date of entry into the United States; or
Valid employment authorization card in the name of the applicant indicating authorization to reside in the United States pending permanent resident status; and

b. Proof of residency.

(b) Each non-United States citizen temporarily residing in New Hampshire who is applying for an original or renewal driver license shall appear at the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305, or at any other DMV location that offers non-US citizen driver license transactions.

(c) Notwithstanding (b) above, each permanent resident and asylee or refugee, to include those with indefinite status, may renew their driver license at any Division of Motor Vehicles office.

(d) Subject to the other requirements set forth in these rules, in order to prevent the expiration of a New Hampshire driver license pending an application for an immigration status extension, all non-US citizens who have received an initial driver license as outlined above, shall receive a 120-day extension of a current and valid driver license upon application if they have met the following criteria:

(1) Each person applying for an extension shall have continually maintained residency in New Hampshire; and

(2) Each person applying for a 120-day extension shall have applied for an immigration status extension prior to the expiration of their current stay and shall supply the DMV with proof of application acceptance by the Department of Homeland Security, U.S. Citizenship and Immigration Services.

(e) A person who has made application pursuant to (d) above may apply for subsequent 120-day extensions in accordance with (d) above so long as the pending application for an immigration status extension has not been denied.

(f) Each non-United States citizen applying for an extension described in (d) above shall complete and submit a DSMV 450 form, indicating a request for a replacement driver license for the reason of obtaining a 120-day extension.

History

#6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.06) (see Revision Note at chapter heading or Saf-C 1000); ss by #13685, eff 8-5-23 (formerly Saf-C 1002.06) (see Revision Note at chapter heading or Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.06 Driver Education Requirement Exception {#sec-saf-c-1002.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.06}

(a) Pursuant to RSA 263:21, a person who has attained their sixteenth birthday and is under 18 years of age and has not completed an approved driver education program shall be issued a driver license, limited to use to and from school, if all other requirements by statute and these rules are met.

(b) A parent, step parent, or legal guardian of a person requesting a limited use driver license shall submit a letter to the director at the:

Division of Motor Vehicles

Attn: Driver Education

23 Hazen Drive

Concord, N.H. 03305.

(c) The letter shall set forth the reasons why there are no readily available means of transportation to and from school, whether public or private, and shall state the reasons why successful completion of a driver education program would cause undue hardship.

(d) The director shall issue the limited use driver license if:

(1) The director determines that there are no readily available means of transportation to and from school; and

(2) The undue hardship caused by the prerequisite of completing a driver education program is not outweighed by the importance of completing a driver education program.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.07), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; amd by #8598, eff 4-1-06; ss by #10176, eff 8-23-12; ss by #11133 (eff 7-2-16); amd by #12614, eff 8-23-18; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.06) (see Revision Note at chapter heading or Saf-C 1000); ss by #13685, eff 8-5-23 (formerly Saf-C 1002.07) (see Revision Note at chapter heading or Saf-C 1000);

N.H. Code Admin. R. Ann. Saf-C 1002.07 Applicant with Out of State Address {#sec-saf-c-1002.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.07}

An application for a driver license that does not bear a legal address within the state of New Hampshire shall be rejected and returned to the applicant, pursuant to Saf-C 1002.08, for the applicant to prove that they are a resident of New Hampshire.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.09), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.08) (see Revision Note at chapter heading or Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.08 Application Rejected {#sec-saf-c-1002.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.08}

(a) All applications shall be reviewed by the division in accordance with RSA 541-A:29.

(b) The applicant shall be notified of any apparent errors or omissions and allowed to resubmit the application to the division.

(c) In the event an applicant fails to comply with an applicable statute or rule, the application shall not be processed, and the applicant shall be notified of the reason(s) for the rejection.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.09) (see Revision Note at chapter heading or Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.09 Application Accepted {#sec-saf-c-1002.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.09}

(a) Upon receipt of a completed application, an applicant who is not required to complete a knowledge or road skills examination may obtain a driver license or non-driver identification card at any driver licensing office during regular business hours.

(b) Upon receipt of a completed application, an applicant who is required to complete a knowledge examination may take the examination at any driver licensing office.

(c) Upon receipt of a completed application, an applicant who is required to complete a road skills examination shall schedule an appointment at any driver licensing office during regular business hours.

(d) The appointment set forth in (c) above, shall include the following:

(1) Location and time; and

(2) Notification that the applicant shall be required to provide proof of positive identification.

(e) In the event it is necessary for the division to reschedule an appointment, the division shall notify the applicant by letter, or if available, by telephone or e-mail.

(f) In the event an applicant fails to give the division at least 24 hours notice of their inability to appear for a scheduled appointment, the appointment shall be rescheduled no sooner than 30 days after the date of the initial failure to appear.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.15), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.10) (see Revision Note at chapter heading or Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1002.10 Renewal Notification {#sec-saf-c-1002.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1002.10}

(a) The director shall notify each person holding a valid New Hampshire driver license or non-driver identification card approximately 45 days prior to the expiration date of the same, of the location and time when they shall appear for the issuance of a new license or identification card and any eligibility for on-line renewal thereof.

(b) The renewal notification shall be mailed to the person's mailing address or by electronic or other means.

(c) Notwithstanding the provisions of this section, when a computer system failure, incorrect mailing address, interruption in postal service, or other difficulty prevents the preparation, notification, or receipt of the notification, it shall be the applicant’s responsibility to obtain and complete an application form prior to the expiration date of the driver license.

(d) If an applicant is eligible to renew their driver license on-line pursuant to RSA 263:10, II, the applicant shall comply with the procedures set forth in Saf-C 1007.01.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1002.11) (see Revision Note at chapter heading or Saf-C 1000)

Part Saf-C 1003 Original Driver License: Examinations Required

N.H. Code Admin. R. Ann. Saf-C 1003.01 Authority {#sec-saf-c-1003.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.01}

Pursuant to RSA 263:6, the director shall require the following driver license examinations:

(a) Visual acuity examination;

(b) Knowledge examination;

(d) Motor vehicle record check.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.02 Original Driver License, Examinations Required {#sec-saf-c-1003.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.02}

(a) Each applicant for an original driver license shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The road skills examination set forth in Saf-C 1006.01.

(b) In the event an applicant's New Hampshire driver license has been expired, suspended or revoked for a period in excess of 3 years prior to receipt of the application by the division, the applicant shall complete the requirements set forth in (a) above.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.03 Original Driver License From Another Jurisdiction, Examinations Required {#sec-saf-c-1003.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.03}

(a) Each applicant who surrenders a valid driver license issued by another jurisdiction or a driver license issued by another jurisdiction which has expired no more than 12 months prior to the date of its surrender shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The road skills examination set forth in Saf-C 1006.01, in the event the director determines that:

a. The licensing standards of the jurisdiction in which the applicant is licensed does not comply with the standards set forth in these rules; or

b. The applicant might be a hazard to public safety as a result of an apparent physical or psychological impairment.

(b) The director shall determine whether each driver license surrendered pursuant to (a) above:

(1) Is genuine;

(2) Was actually issued to the applicant; and

(3) Is not under suspension or revocation.

(c) Upon receipt of a completed form DSMV 450 and the statutory fee, a 60-day temporary paper driver license shall be issued to the applicant.

(d) When the director determines that the surrendered driver license is not under suspension or revocation and that the applicant has no pending actions, the director shall mail the New Hampshire driver license to the applicant, valid for the remainder of the 5-year license period.

(e) Each applicant who indicates that they have a valid driver license issued by another jurisdiction but does not have the driver license to surrender to the division shall not be eligible for a New Hampshire driver license until the director determines that:

(1) The previous driver license is not under suspension or revocation;

(2) The applicant was actually issued a valid driver license by the other jurisdiction;

(3) The applicant has no pending actions in any other jurisdiction; and

(4) The applicant submits form DSMV 90 (rev. 03/22) or similar form.

(f) The applicant shall furnish the following on form DSMV 90 or similar form:

(1) Name and date of birth;

(2) Signature of the applicant;

(3) Statement from an official of the governmental agency which previously issued the driver license indicating:

a. Whether the applicant holds or previously held a driver license in the jurisdiction;

b. Class of driver license;

c. Whether the driver license is currently under suspension or revocation and the reason;

d. If the driver license is currently under suspension or revocation, what action must be taken to get it restored;

e. License number;

f. Issue date of license;

g. Expiration date of license; and

h. All restrictions the issuing jurisdiction placed on the license;

(4) Signature of the official completing the form and date of signature; and

(5) Official stamp or seal of the governmental agency.

(g) Each applicant who surrenders a driver license issued by another jurisdiction which has expired more than 12 months prior to the date of its surrender or who does not hold a driver license from another jurisdiction shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The road skills examination set forth in Saf-C 1006.01.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.04 Original Driver License for Non-United States Citizen, Examinations Required {#sec-saf-c-1003.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.04}

(a) Each applicant for an original driver license who is a non-United States citizen shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The road skills examination set forth in Saf-C 1006.01.

(b) In the event a non-United States citizen surrenders a driver license from their home country, the director shall determine if the driver license:

(1) Is genuine;

(2) Was actually issued to the applicant; and

(3) Is not under suspension or revocation.

(c) In the event a non-United States citizen does not hold a driver license from their home country, they shall indicate, in writing, that they:

(1) Have never held a driver license from their home country; or

(2) Have held a driver license in the United States.

(d) Upon receipt of a completed form DSMV 450 and the statutory fee, along with the documents required in Saf-C 1002.06, a 45-day temporary permit shall be issued to the applicant.

(e) When the director determines that any surrendered driver license is not under suspension or revocation and that the applicant has no pending actions, the director shall mail the New Hampshire driver license to the applicant.

(f) The driver license shall be valid for up to 5 years, or until the following date, whichever occurs first:

(1) The date the visa submitted pursuant to Saf-C 1002.06 expires;

(2) The date the I-20 form or DS-2019 form submitted pursuant to Saf-C 1002.05(a)(2)c. expires; or

(3) The date employment status expires.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.05 Original Motorcycle License and 3-Wheeled Motorcycle Endorsement, Examinations Required {#sec-saf-c-1003.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.05}

(a) Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who holds a valid New Hampshire driver license of any other class, shall satisfactorily complete the following in the order reflected, in order to be issued a motorcycle learner's permit:

(1) The visual acuity examination set forth in Saf-C 1004.01; and

(2) The knowledge examination set forth in Saf-C 1005.01.

(b) Upon satisfactory completion of the requirements set forth in (a) above, a motorcycle learner's permit shall be issued to the applicant.

(c) Only one motorcycle learner's permit and one 45-day renewal shall be issued to an applicant, unless exigent circumstances can be shown, which indicate that the original motorcycle learner's permit was unused.

(e) For the purposes of this section, "exigent circumstances" shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Out of state; or

(4) Any other unforeseen circumstance beyond the applicant's control that prevented them from using the motorcycle learner's permit.

(f) Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who holds no other class of New Hampshire driver license, shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The motorcycle skills examination set forth in Saf-C 1006.04.

(g) Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who holds a valid New Hampshire driver license of any other class or who has previously been issued a motorcycle learner's permit, shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01; and

(2) The motorcycle skills examination set forth in Saf-C 1006.04.

(h) Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who has completed an approved motorcycle rider education program within one year prior to receipt of the application by the division, shall be required to complete the visual acuity examination set forth in Saf-C 1004.01.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.06 Special Moped License, Examinations Required {#sec-saf-c-1003.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.06}

Each applicant for a special moped license shall satisfactory complete the following in the order reflected:

(a) The visual acuity examination set forth in Saf-C 1004.01; and

(b) The knowledge examination set forth in Saf-C 1005.01.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1003.07 Application After Surrender of Driver License, Examinations Required {#sec-saf-c-1003.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1003.07}

(a) In the event a person surrenders their New Hampshire driver license, the division shall indicate that the person no longer holds a driver license in this state on the person's driver record.

(b) A person who has surrendered their New Hampshire driver license and requests to be relicensed in this state and has not held a driver license in any other jurisdiction, shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01;

(3) The road skills examination set forth in Saf-C 1006.01; and

(4) Payment of the statutory fee, pursuant to RSA 263:42.

(c) Any person under the age of 18, who surrenders their driver license, shall be subject to all of the requirements of RSA 263:14, II and III, from the date of reissuance, pursuant to (b) above.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1004 Visual Acuity Examination Requirements

N.H. Code Admin. R. Ann. Saf-C 1004.01 Visual Acuity Examination {#sec-saf-c-1004.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.01}

(a) The visual acuity examination shall consist of the following:

(1) The electronic vision test; or

(2) The Snellen eye chart test.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.02 Pass, No Restrictions {#sec-saf-c-1004.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.02}

(a) Each applicant shall pass the visual acuity examination if the applicant:

(1) Accurately perceives the line of symbols designated 20/40 with both eyes; or

(2) Is legally blind in one eye and accurately perceives the line of symbols designated 20/30 with the other eye.

(b) For the purposes of this section, "accurately perceives" means determining the symbols presented with no more than one error.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.03 Pass, Corrective Lenses Restriction {#sec-saf-c-1004.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.03}

Each applicant who meets the standards set forth in Saf-C 1004.02 with the use of corrective lenses shall pass the visual acuity examination subject to the corrective lenses restriction pursuant to RSA 263:13 and Saf-C 1008.03.

History

#2077, eff 7-4-82; ss by #2801, eff 8-3-84; amd by #2992, eff 3-22-85, EXPIRED: 3-22-91
#5812, eff 4-19-94; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.04 Special Needs Applicant {#sec-saf-c-1004.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.04}

Each applicant who is illiterate or has a debilitating speech impediment shall complete the tests set forth above by copying in a written manner the symbols perceived.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.05 Visual Acuity Failure {#sec-saf-c-1004.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.05}

(a) Each applicant who fails to meet the standards set forth in Saf-C 1004.02 shall be required to complete a visual examination conducted by an eye doctor of the applicant's choosing.

(b) After conducting a visual examination pursuant to (a) above, the applicant’s eye doctor shall complete form DSMV 61 (rev. 12/22), documenting the eye doctor’s determination of the applicant’s visual acuity.

(c) The eye doctor shall sign Part B of the form and by signing shall certify the fact that the applicant was fitted with new corrective lenses and the date on which the fitting occurred.

(d) The eye doctor shall sign Part C of the form and by signing shall certify:

(1) “I hereby certify that I am familiar with the present medical condition of [applicant], who is an applicant for a New Hampshire driver license. I further certify that said applicant is both physically and mentally capable of safety operating a motor vehicle upon all public highways WITHOUT RESTRICTION, other than the use of corrective lenses. I have read the notice and reprinted segment of SAF-C 1004.08. I understand that this certification and recommendation will be used in determining the applicant’s eligibility to receive a driver license. I have read the foregoing statement, and all of the information contained therein is, to the best of my knowledge, true and accurate. I recommend that the Director of Motor Vehicles issue an UNRESTRICTED driver license, other than the use of corrective lenses”; or

(2) “I hereby certify that I am familiar with the present medical condition of [applicant], who is an applicant for a New Hampshire driver license. I further certify that said applicant is both physically and mentally capable of safely operating a motor vehicle upon all public highways. RESTRICTED TO OPERATION DURING DAYLIGHT HOURS ONLY (one half hour before sunrise to one half hour after sunset). The use of corrective lenses is required. I have read the notice and reprinted segment of SAF-C 1004.08. I understand that this certification and recommendation will be used in determining the applicant’s eligibility to receive a driver license. I have read the foregoing statement, and all of the information contained therein is, to the best of my knowledge, true and accurate. I recommend that the Director of Motor Vehicles issue a driver license RESTRICTED TO OPERATION DURING DAYLIGHT HOURS ONLY (one half hour before sunrise to one half hour after sunset). The use of corrective lenses is required.”

(e) The applicant shall sign and submit the completed form DSMV 61, Parts A and B, to the division, within 30 days after it is completed by the eye doctor conducting the examination.

(f) The applicant shall sign the form DSMV 61 to indicate consent to the release of all information contained in the form to the division.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.06 Vision Examination Pass {#sec-saf-c-1004.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.06}

Upon receipt of a completed form DSMV 61 that indicates the applicant meets the vision requirements of Saf-C 1004.02, the director shall issue the applicant a driver license upon the applicant's successful completion of all other applicable requirements.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1004.07), EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.07 Vision Examination Failure {#sec-saf-c-1004.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.07}

Upon receipt of the information set forth in Saf-C 1004.05(b) and (c) that indicates the applicant cannot meet the vision requirements of Saf-C 1004.02, the applicant may complete the requirements of Saf-C 1004.08.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1004.08 Special Visual Acuity Requirements {#sec-saf-c-1004.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1004.08}

(a) Notwithstanding any other provision to the contrary, the director shall issue a driver license to an applicant whose visual acuity is between 20/40 and 20/70 only if the provisions of this section are met.

(b) No driver license shall be issued to an applicant whose visual acuity is worse than 20/40 using both eyes, or worse than 20/30 if there is vision in only one eye, unless the following has been completed:

(1) The applicant has submitted a completed form DSMV 61 to the division;

(2) The applicant has also submitted form DSMV 61, Part C to the director, which has been completed by an eye doctor; and

(3) The eye doctor has stated the following on form DSMV 61, Part C:

a. That the applicant's visual acuity allows the applicant to safely operate a motor vehicle with or without restrictions;

b. The nature of the hardship which the applicant would be subject to if the applicant is not issued a driver license;

c. The eye doctor's recommendation that the applicant be issued a driver license; and

d. Any other factors which the eye doctor feels are pertinent.

(c) Upon receipt of a completed form DSMV 61, the director shall issue a driver license to the applicant if they receive the eye doctor's certification and recommendation for a driver license and the applicant's visual acuity meets the division's minimum standards, as set forth in (a) above.

(d) In making this determination, the director shall consider:

(1) The applicant's visual acuity; and

(2) Certification from the applicant's eye doctor that the applicant's visual acuity meets the division's minimum standards as set forth in (a) above.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1005 Written Examination Requirements

N.H. Code Admin. R. Ann. Saf-C 1005.01 Knowledge Examination: Description {#sec-saf-c-1005.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1005.01}

(a) The knowledge examination shall consist of up to 50 multiple choice questions designated by the director, according to the class of driver license(s) requested by the applicant.

(b) Each question shall have multiple answers, only one which is correct.

(c) Each question shall focus on the New Hampshire motor vehicle laws according to the class of driver license(s) requested by the applicant.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1005.02 Knowledge Examination: Administration {#sec-saf-c-1005.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1005.02}

(a) Each applicant shall have up to 60 minutes to complete the written examination, according to the class of driver license(s) requested by the applicant.

(b) Each applicant discovered cheating in any way, or consulting with any person other than authorized licensing personnel, shall be immediately disqualified and re-scheduled for an examination no sooner than 30 days later.

(d) Knowledge examinations shall be valid for a period of one year.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89; ss by #4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1005.03 Knowledge Test Accommodations {#sec-saf-c-1005.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1005.03}

(a) An applicant who speaks or reads a language other than English shall complete an oral or written examination designated by the director of the same format set forth in Saf-C 1005.01.

(b) Each oral examination pursuant to (a) above shall only be conducted by authorized licensing personnel or an interpreter, if applicable.

(c) An applicant who speaks and reads a language other than English shall complete the knowledge examination set forth in Saf-C 1005.01, with the assistance of an interpreter.

(d) An applicant whose interpreter is discovered cheating in any way, or consulting with any person other than authorized licensing personnel, shall be immediately disqualified and rescheduled pursuant to Saf-C 1005.02(b). The applicant shall not be permitted to appear at the rescheduled time with the same interpreter and shall be rescheduled for the examination no sooner than 30 days later.

History

#6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1006 Road Skills Examination Requirements

N.H. Code Admin. R. Ann. Saf-C 1006.01 Road Skills Examination: Description {#sec-saf-c-1006.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.01}

(a) The road skills examination shall consist of a qualitative evaluation of the applicant's abilities and skills in the following general categories:

(1) Starting the vehicle, which shall include:

a. Starting the engine; and

b. Mirrors and looking back;

(2) Use of signals, which shall include:

a. Knowledge of arm signals;

b. Starting from the curb; and

c. Turns;

(3) Steering, which shall include:

a. Position of hands;

b. Smoothness;

c. Two-hand grip; and

d. Over-steering;

(4) Attention and observation, which shall include:

a. Use of mirrors; and

b. Watching the road;

(5) Lane usage, which shall include:

a. Choice of proper lane;

b. Position in the lane; and

c. Unnecessary changing of lanes;

(6) Passing and being passed, which shall include:

a. Clearance;

b. Illegal maneuvers; and

c. Cooperating with passer;

(7) Engine control, which shall include:

a. Use of gears;

b. Choice of gears;

c. Clutch use; and

d. Accelerator use;

(8) Turnabout, which shall include:

a. Number of attempts; and

b. Bumping the curb or an object;

(9) Grade control, which shall include:

a. Amount of roll-back; and

b. Setting of the wheel;

(10) Backing ability;

(11) Parallel parking, which shall include:

a. Number of attempts;

b. Maneuvering; and

c. Final placement of the vehicle;

(12) Signs and traffic signals, which shall include:

a. Obedience to signs;

b. Position after a stop;

c. Failing to make a full stop;

d. Starting before signal changes; and

e. Waiting too long;

(13) Right of way, which shall include:

a. Other vehicles; and

b. Pedestrians;

(14) Speed control, which shall include:

a. Over the speed limit;

b. Too slow or needless stops;

c. Too fast for safety;

d. Turns; and

e. Following distance; and

(15) Right and left turns, which shall include:

a. Swinging too wide;

b. Cutting too short;

c. Starting from the wrong lane; and

d. Ending in the wrong lane.

(b) Point values shall be assigned to each maneuver. Each time a maneuver is not made in compliance with this section, the applicant shall have the prescribed number of points deducted from their score.

History

#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
#6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.02 Road Skills Examination Failure {#sec-saf-c-1006.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.02}

(a) Each applicant shall fail the road skills examination if they receive 21 demerit points or more.

(b) Notwithstanding (a) above, the examination shall be immediately discontinued and counted as a failure in the event of any of the following:

(1) Striking another vehicle, a pedestrian, or any fixed object;

(2) Improper action causing collision or near-collision of other vehicles in the immediate vicinity;

(3) Action requiring expert driving by another driver or dodging by a pedestrian, to prevent collision;

(4) Action requiring an examiner to come to the aid of the applicant in controlling the vehicle;

(5) Stalling the vehicle within a busy intersection because of inexperience or lack of skill;

(6) Driving 2 wheels over the curb or onto the sidewalk;

(7) Committing any driving maneuver, either because of lack of skill or caution, which causes immediate danger to any person or property;

(8) Lack of control to the point where the examiner believes continuation of the examination would be dangerous;

(9) Serious violation of any traffic law;

(10) Refusal to try any maneuver; or

(11) Repeated failure to follow instructions.

(c) The examination shall not be immediately discontinued and counted as a failure if, in the judgment of the examiner, any of the occurrences set forth in (b) above were unavoidable.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.03 Road Skills Examination Vehicle {#sec-saf-c-1006.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.03}

(a) The applicant shall provide the test vehicle for completion of the road skills examination.

(b) Test vehicles that are registered in New Hampshire shall comply with all New Hampshire inspection laws and rules.

(d) The test vehicle's size, weight, character, and equipment shall conform with the class of driver license requested by the applicant.

(e) Other than motorcycles, the test vehicle shall provide the examiner with a permanently attached seat which allows the examiner accessibility to vehicle control mechanisms.

(f) No person shall be allowed to ride in the test vehicle during a road skills examination, other than the applicant, the examiner and if applicable, an examiner in training.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.04 Motorcycle Skills Examination: Description {#sec-saf-c-1006.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.04}

The motorcycle skills examination shall include the following:

(a) Overall control and operation of the motorcycle;

(b) Sharp turns;

(d) Cone weave;

(e) "U" turns;

(f) Quick stop; and

(g) Obstacle turn.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.05 Motorcycle Skills Examination: Criteria {#sec-saf-c-1006.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.05}

(a) Point values shall be assigned to each maneuver.

(b) Each time a maneuver is not made in compliance with Saf-C 1006.04, the applicant shall have the prescribed number of points deducted from their score.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.06 Motorcycle Skills Examination: Failure {#sec-saf-c-1006.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.06}

(a) An applicant shall fail the motorcycle skills examination if they receive 11 demerit points or more.

(b) Notwithstanding (a) above, the examination shall be immediately discontinued and counted as a failure in the event the applicant:

(1) Falls or drops the motorcycle;

(2) Commits an unsafe act; or

(3) Disregards or fails to understand instructions.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1006.07 Re-Examination After Failure {#sec-saf-c-1006.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1006.07}

(a) In the event an applicant fails to complete an examination prescribed herein, no further examinations shall be administered on that date unless the director designates otherwise, as follows:

(1) Criteria for allowing an additional test on a single day for an applicant shall include, but not be limited to:

a. Malfunction of computer-based testing software, through no fault of the applicant;

b. Weather conditions which would present a risk to the applicant or the motoring public; and

c. Traffic conditions that would not allow for an applicant to demonstrate basic skill; and

(2) The employee of the division who believes that a testing condition might exist that warrants a review by the director, shall initiate a request for a review to their supervisor, who shall forward the request to the director.

(b) Notwithstanding Saf-C 1006.07(c) below, the applicant shall be advised of the specific reason(s) for failure. The director shall also designate a subsequent date for a reexamination, which shall be no sooner than 10 days after failure of the examination, unless the conditions outlined in (c), (e), or (h) apply, in which case no reexamination date shall be set.

(c) If an applicant fails the road skills examination 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 5 hours of behind the wheel training with an approved NH driving school and 10 hours of documented supervised driving in accordance with NH RSA 263:25. No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day.

(d) Upon submitting the required documentation in (c) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.

(e) In the event an applicant fails the road skills examination an additional 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25. No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day.

(f) Upon submitting the required documentation in (e) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.

(g) In the case of an applicant who has failed a road skills examination pursuant to Saf-C 1006.02(b), no further road skills examinations shall be scheduled until the applicant has submitted documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25, at which time Saf-C 1006.07(d) and (f) shall again apply.

(h) Any applicant that has failed the road skills examination pursuant to Saf-C 1003.01, 9 times, shall be denied any further road skills examinations for a period of 3 months.

(i) For the purpose of this section, an “approved NH driving school” means an entity meeting the requirements of RSA 259:26 and is licensed pursuant to Saf-C 3100.

(j) For the purposes of this section, “documented” means a written log showing hours of supervised driving.

(k) The provisions of this rule concerning eligibility for retesting shall be applied to applicants who have been barred from additional testing based solely on the number of previous attempts, or had reached a “final” test attempt prior to the adoption date of this rule.

(l) For the purposes of this section, “behind the wheel training” means the applicant driving, as defined in RSA 259:25 while being trained by an instructor employed by an approved NH driving school.

(m) For the purposes of this section, “supervised driving” means the applicant driving, as defined in RSA 259:25, while being supervised by a person meeting the requirements in RSA 263:25.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #12614, eff 8-23-18; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1007 Renewal Driver License Requirements

N.H. Code Admin. R. Ann. Saf-C 1007.01 Renewal Driver License, Examinations Required {#sec-saf-c-1007.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1007.01}

(a) Each applicant who appears in person at any driver licensing office for a renewal driver license shall complete the visual acuity examination set forth in Saf-C 1004.01.

(b) Each applicant who is eligible to renew a driver license on-line, pursuant to RSA 263:10, shall attest to the fact that they meet the visual acuity requirement, pursuant to Saf-C 1004.01.

(c) Each applicant for a renewal driver license shall be required to complete a road skills examination if the director has any reason to believe the applicant would be a hazard to public safety if licensed to drive, as a result of an apparent psychological or physical impairment.

History

#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #9944, INTERIM, eff 7-15-11, EXPIRES: 1-11-12; ss by #10176, eff 8-23-12; ss by #12614, eff 8-23-18; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1007.02 Absence from New Hampshire {#sec-saf-c-1007.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1007.02}

(a) Notwithstanding any other provision to the contrary, the director shall postpone any examination required for a renewal driver license if the director determines that:

(1) The applicant will be absent from New Hampshire at the time the applicant's current driver license expires; and

(2) The applicant is unable to renew their driver license prior to its expiration date.

(b) Each applicant who is unable to comply with the requirements contained in Saf-C 1007.01(a) but who fulfills all other requirements set forth in any applicable statute and rules, shall be issued a 6 month driver license.

(c) Upon receipt of a completed form DSMV 450 and the statutory fee, a 6 month driver license shall be issued to the applicant.

History

#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1007.03 Extension of Six Month Driver License {#sec-saf-c-1007.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1007.03}

(a) Each person who remains outside of New Hampshire beyond the expiration date of a 6 month driver license may apply for an extension.

(b) Each applicant for an extension of a 6 month driver license shall submit a letter to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(1) A request for an extension of the driver license;

(2) The reason the applicant needs an extension;

(3) A valid mailing address outside of New Hampshire; and

(4) Signature of the applicant.

(d) The applicant shall pass a visual acuity examination before a driver license extension shall be granted.

(e) The applicant may take the visual acuity examination from any eye doctor.

(f) Form DSMV 125 “Re-examination Instructions to New Hampshire Residents Temporarily Out-of-State,” (rev. 03/22) shall be completed by both the applicant and the eye doctor.

(g) Form DSMV 125 shall be submitted to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

History

#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
#7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1008 Restricted Driver Licenses

N.H. Code Admin. R. Ann. Saf-C 1008.01 Hearing Aid {#sec-saf-c-1008.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.01}

(a) An applicant who has a hearing defect that requires the wearing of a mechanical, electrical, or other device shall be issued a restricted driver license.

(b) Any person holding a restricted driver license because of a hearing defect shall not drive a motor vehicle on a way within this state unless the person is wearing a hearing device.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.02 Corrective Lenses {#sec-saf-c-1008.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.02}

(a) An applicant who cannot pass the visual acuity examination without the use of corrective lenses shall be issued a restricted driver license.

(b) Any person holding a restricted driver license because of the need for corrective lenses shall not drive a motor vehicle on a way within this state unless the person is wearing corrective lenses.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.03) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.03 Daylight Hours Only {#sec-saf-c-1008.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.03}

(a) An applicant who cannot pass the visual acuity examination without the use of corrective lenses and who has been determined by an eye doctor to be unable to safely drive a motor vehicle except during daylight hours shall be issued a restricted driver license when the requirements of Saf-C 1004.08 have been met.

(b) Any person holding a restricted driver license limited to daylight hours only shall not drive a motor vehicle on a way within this state except during daylight hours.

(c) Any person who requests removal of the restricted driver license limited to daylight hours shall submit documentation from their eye doctor that the person is able to safely drive a motor vehicle at night.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.04) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.04 Automatic Transmission {#sec-saf-c-1008.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.04}

(a) An applicant who, because of a missing or damaged limb, cannot drive a motor vehicle with a manual transmission, shall be issued a restricted driver license.

(b) The director shall require each applicant with a missing or damaged limb to pass a road skills examination with a vehicle having an automatic transmission prior to issuing the applicant a restricted driver license.

(c) Any person holding a restricted driver license because of a missing or damaged limb shall not drive a motor vehicle on a way within this state with a manual transmission.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.05) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.05 Special Equipment {#sec-saf-c-1008.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.05}

(a) An applicant who, because of a disability cannot safely drive a motor vehicle without the assistance of special equipment, shall be issued a restricted driver license.

(b) The director shall require each applicant with a disability to pass a road skills examination with a vehicle having the special equipment prior to issuing the applicant a restricted driver license.

(c) Any person holding a restricted driver license because of a disability shall not drive a motor vehicle on a way within this state unless the motor vehicle is equipped with the special equipment required for safe operation.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.06) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.06 Alcohol Ignition Interlock Device {#sec-saf-c-1008.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.06}

(a) An applicant who has been required by a court to have an alcohol ignition interlock device installed on a motor vehicle pursuant to RSA 265-A:36, shall be issued a restricted driver license.

(b) Any person holding a restricted driver license because of the requirement for an alcohol ignition interlock device shall not drive a motor vehicle on a way within this state at any time unless the motor vehicle is equipped with an alcohol ignition interlock device, including when practice driving and taking a road test examination.

History

#6265, eff 6-11-96, EXPIRED: 6-11-04
#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.07) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1008.07 Removal of Restriction {#sec-saf-c-1008.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1008.07}

(a) Any person who has been issued a restricted driver license may request the removal in person at any DMV location.

(b) A corrective lenses restriction shall not be removed unless the applicant passes the visual acuity examination without the use of corrective lenses described in Saf-C 1004.02.

(c) In the event the director determines that a restriction shall be removed, the applicant shall surrender their current driver license and the director shall furnish the applicant with a replacement driver license.

(d) Notwithstanding any other provision to the contrary, the director shall require each applicant requesting removal of a restriction pursuant to Saf-C 1008.04 or Saf-C 1008.05, to pass a road skills examination prior to removing the restriction.

History

#10176, eff 8-23-12; ss by #13685, eff 8-5-23 (formerly Saf-C 1008.08) (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1009 High Risk Drivers

N.H. Code Admin. R. Ann. Saf-C 1009.01 High Risk Driver {#sec-saf-c-1009.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1009.01}

For the purposes of this section, "high risk driver" means a driver who, because of an apparent physical or psychological impairment or condition, needs a reexamination in order to determine their fitness to safely drive a motor vehicle so as not to endanger the public.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1009.02 Request for a Reexamination {#sec-saf-c-1009.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1009.02}

(a) A request for a driver to submit to a reexamination shall be in writing and forwarded to the:

Office of the Director

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

(b) Each request pursuant to (a) above, shall be accepted from the following sources:

(1) A law enforcement officer;

(2) A health care provider, which shall include a school nurse, nursing home administrator, or hospital administrator; or

(3) A family member.

(1) Name of requestor;

(2) Address of requestor;

(3) Relationship of requestor to the person identified to be in need of a reexamination;

(4) Name, address, and date of birth of the person being requested to submit to a reexamination; and

(5) Reason(s) for the request and any supporting documentation, if applicable.

(d) The director shall review the information submitted pursuant to (c) above, and determine that:

(1) A reexamination is not warranted;

(2) The person is a high risk driver and a reexamination shall be ordered to be conducted by a licensing examiner; or

(3) The person's driver license shall be immediately suspended in accordance with the provisions of RSA 263:59.

(e) A reexamination ordered by the director pursuant to (d)(2) above, shall consist of the following:

(1) The visual acuity examination set forth in Saf-C 1004.01;

(2) The knowledge examination set forth in Saf-C 1005.01; and

(3) The road skills examination set forth in Saf-C 1006.01.

(f) In the event a reexamination is ordered by the director pursuant to (d)(2) above, the high risk driver shall be notified and given 2 opportunities to pass each required examination.

(g) Failure to successfully pass the reexamination after being given 2 opportunities to do so pursuant to (f) above, or failure to appear for any scheduled reexamination, shall result in an immediate suspension of the person's driver license, in accordance with the provisions of RSA 263:59.

(h) Upon successfully passing the reexamination ordered pursuant to (d)(2) above, the person shall continue to hold a valid driver license until the date of expiration.

(i) Notwithstanding (h) above, the director shall, based upon the information provided in (c) above, along with the licensing examiner's recommendation, order the person to submit to further reexaminations at certain scheduled periods of time or as deemed appropriate, in order to monitor the person's continued fitness to safely drive a motor vehicle.

(j) Any hearing conducted pursuant to this section shall be in accordance with the provisions of Saf-C 200.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1010 Inactive Status

N.H. Code Admin. R. Ann. Saf-C 1010.01 Inactive Status for Purpose of Evaluation {#sec-saf-c-1010.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.01}

(a) A high risk driver, as defined in Saf-C 1009.01, whose driver license or driving privileges are under suspension or revocation shall have their driver license temporarily transferred to inactive status in order to allow the person to participate in a certified driver rehabilitation program approved by the director and to be screened on the road when accompanied by a certified driver rehabilitation instructor or licensing examiner, as described in this paragraph and in Saf-C 1010.04.

(b) Inactive status pursuant to (a) above, shall be authorized only if the suspension or revocation is based upon:

(1) The high risk driver's failure to pass a driver license reexamination pursuant to Saf-C 1009.02; or

(2) The high risk driver's physical, medical, or psychological condition.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.03); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1010.02 Approval for Certified Driver Rehabilitation Program {#sec-saf-c-1010.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.02}

In order to be approved by the director as an approved driver rehabilitation program, each program shall:

(a) Be an approved driver education school or program pursuant to Saf-C 3100;

(b) Have at least one certified driver rehabilitation instructor on staff;

(c) Have all program content and standards of instruction approved in accordance with the requirements of Saf-C 3100; and

(d) Ensure that all program content and standards of instruction are individually tailored to the needs of each student.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.04); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1010.03 Approval for Certified Driver Rehabilitation Instructor {#sec-saf-c-1010.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.03}

In order to be approved by the director as a certified driver rehabilitation instructor, each applicant shall:

(a) Currently hold a standard driver education certificate pursuant to Saf-C 3100;

(b) Have instructed driver education in New Hampshire for at least 3 years;

(c) Be certified as a driver rehabilitation specialist by the Association for Driver Rehabilitation Specialists (ADED); and

(d) Be employed or under contract with an approved certified driver rehabilitation program, pursuant to Saf-C 1010.02.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.04); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1010.04 Request for Inactive Status for Purpose of Evaluation {#sec-saf-c-1010.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.04}

(a) An approved driver rehabilitation program seeking to transfer a high risk driver's driver license suspension or revocation to inactive status for the purpose of an evaluation shall submit a written request to the director containing the following information:

(1) Name of person to be evaluated;

(2) Date of birth;

(3) Mailing address;

(4) Legal address;

(5) Date of evaluation;

(6) Expected time the evaluation will begin;

(7) Expected time the evaluation will finish;

(8) Reason for the evaluation; and

(9) Signature of the certified driver rehabilitation instructor.

(b) The program shall submit the written request in (a) above, within 5 business days prior to the date of the evaluation, to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(c) Upon receipt of the information set forth in (a) above, the director shall verify that the person is eligible to be transferred to inactive status, pursuant to RSA 263:64-b.

(d) If eligible pursuant to (c) above, the person’s driver license shall be transferred to inactive status on the date of the evaluation for the time specified in (a) above.

(e) The program shall immediately notify the division in the event that:

(1) The person cancels the evaluation;

(2) The evaluation is not completed;

(3) The certified driver rehabilitation instructor ends the evaluation because the person is a hazard to themselves or others; or

(4) There has been a change in the person’s medical condition during the evaluation.

(f) Upon completion of the evaluation or in the event that the evaluation has ended pursuant to (e)(3) above, the certified driver rehabilitation instructor shall submit a report to the director within 10 days after the date that the evaluation was completed or ended.

(g) The report pursuant to (f) above shall include:

(1) A full evaluation and determination as to the person’s fitness to safely drive a motor vehicle so as not to endanger the public; and

(2) Recommendation that the person needs further training or that the person can proceed to testing with a licensing examiner, unless the evaluation ended pursuant to (e)(3) above.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.06); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1010.05 Inactive Status for Purpose of Driver Training {#sec-saf-c-1010.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.05}

(a) A driver whose driver license or driving privileges are under suspension or revocation

shall have their driver license temporarily transferred to inactive status in order to allow the person to participate in driver training with an approved driver education school and to be screened on the road when accompanied by a certified driver education instructor or licensing examiner, as described in this paragraph and in Saf-C 1010.06.

(b) Inactive status pursuant to (a) above, shall be authorized only if the suspension or revocation is based upon failure to pass the road skills examination or for the purpose of practicing driving skills because of a lack of driving skills or ability.

History

#10176, eff 8-23-12; ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1010.06 Request for Inactive Status for Purpose of Driver Training {#sec-saf-c-1010.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1010.06}

(a) An approved driver education school seeking to transfer a person’s driver license suspension or revocation to inactive status for the purpose of driver training shall submit a written request to the director containing the following information:

(1) Name of person;

(2) Date of birth;

(3) Mailing address;

(4) Legal address;

(5) Date driver training will begin;

(6) Expected length of time for driver training, not to exceed 30 days;

(7) Reason for driver training; and

(8) Signature of the certified driver education instructor.

(b) The driver education school shall submit the written request in (a) above, within 5 business days prior to the date that driver training will begin, to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(c) Upon receipt of the information set forth in (a) above, the director shall verify that the person is eligible to be transferred to inactive status, pursuant to RSA 263:64-b.

(d) If eligible pursuant to (c) above, the person’s driver license shall be transferred to inactive status on the date that driver training will begin for the time specified in (a) above.

(e) The driver education school shall immediately notify the division in the event that:

(1) The person cancels driver training;

(2) Driver training is not completed; or

(3) The certified driver education instructor ends driver training because the person is a hazard to themselves or others.

(f) Upon completion of driver training or in the event that driver training has ended pursuant to (e)(3) above, the certified driver education instructor shall submit a report to the director within 10 days after the date that driver training was completed or ended.

(g) The report pursuant to (f) above shall include:

(1) A full determination as to the person’s fitness to safely drive a motor vehicle so as not to endanger the public; and

(2) Recommendation that the person needs further training or that the person can proceed to testing with a licensing examiner, unless the driver training ended pursuant to (e)(3) above.

(h) If, at the end of the period of additional training specified in (a)(5) and (6) above, the certified driver education instructor determines that further driver training is necessary, they shall submit a request on the prescribed form pursuant to (a) above.

(i) A restoration fee shall not be imposed in the event a person, after the completion of driver training, passes the required examinations with a licensing examiner and obtains a valid driver license.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.07); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1011 General Administration

N.H. Code Admin. R. Ann. Saf-C 1011.01 Change of Address {#sec-saf-c-1011.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.01}

Within 30 days of changing legal address, mailing address, or both, a licensee shall complete and submit form DSMV 30 “Record Change Request” (rev. 06/23) to the division:

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.01); ss by #13685, eff 8-5-23; ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.02 Change of Name {#sec-saf-c-1011.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.02}

(a) Within 30 days of changing a name, a licensee shall complete and submit form DSMV 30 to the division.

(b) As evidence of a new name, a licensee shall present a copy of one of the following:

(1) Name change petition from the court of Probate;

(2) Marriage certificate;

(3) Divorce decree;

(4) Passport;

(5) Adoption decree; or

(6) Court decree.

(c) The licensee shall surrender their driver license, and the director shall furnish the licensee with a replacement driver license indicating the new name.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.02); ss by #13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1011.03 Signature Required {#sec-saf-c-1011.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.03}

(a) Each applicant shall electronically sign the driver license or non-driver identification card prior to issuance by the division.

(b) No written remarks or markings, other than the applicant's signature, shall be permitted in the area designated for the signature on the driver license or non-driver identification card.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.04); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.04) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1011.04 Duplicate Driver License {#sec-saf-c-1011.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.04}

(a) In the event a person's driver license is lost, stolen, or destroyed, the person may apply for a duplicate driver license.

(b) Each applicant for a duplicate driver license shall complete and submit form DSMV 637 “Application for a Duplicate Driver License or Non-Driver ID Card,” (rev. 06/23) and the statutory fee to the division.

(c) Applicants submitting form DSMV 637 shall sign and date the form, and in doing so, shall certify the following under the penalties of unsworn falsification pursuant to RSA 641:3:

“By signing above, I certify that I have paid all resident taxes or Interest and Dividends Tax (RSA 77) for which I am liable, and, if required, insurance certificates are on file with the Director of Motor Vehicles. My driving privileges are not subject to or under disqualification, suspension or revocation by any jurisdiction (does not apply to non-driver ID). This application is signed under penalty of unsworn falsification pursuant to RSA 641:3.”

(d) In addition to (b) above, each applicant for a duplicate driver license shall provide positive proof of identification as set forth in Saf-C 1002.02, unless the applicant’s computerized image is on file with the division.

(e) Upon receipt of a completed form DSMV 637 and the statutory fee, the director shall issue the applicant a duplicate driver license consistent with driver license statutes and rules.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.05); ss by #12614, eff 8-23-18; ss by #13685, eff 8-5-23 (formerly Saf-C 1011.05); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.05 Replacement Driver License or Non-Driver Identification Card {#sec-saf-c-1011.05 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.05}

(a) In the event a person changes their name, their gender, or both, has a restriction added or removed, upgrades their license or identification card to Real ID, or is issued an incorrect driver license, the person may apply for a replacement driver license or identification card.

(b) In the event a person changes their address and wants the new address printed on their driver license or identification card, they may apply for a replacement driver license or non-driver identification card.

(c) Each applicant for a replacement driver license or non-driver identification card shall complete and submit form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23) to the division, along with the statutory fee set forth in RSA 263:42, IV-a.

(d) Upon receipt of a completed form DSMV 450 and the statutory fee, the director shall issue the applicant the requested replacement driver license or non-driver identification card consistent with driver license statutes and rules.

(e) The applicant shall surrender their current driver license or non-driver identification card to the director, prior to being issued a replacement driver license or non-driver identification card.

(f) In the event a licensee obtains walking disability plates or a permanent placard, the licensee may apply for a replacement driver license or non-driver identification card, bearing the international symbol of accessibility.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.06); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.06); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.06 Non-Driver Identification Card {#sec-saf-c-1011.06 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.06}

(a) Each applicant for a non-driver identification card shall complete and submit form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23) and the statutory fee, to the division.

(b) In addition to (a) above, the applicant shall surrender any current driver license or non-driver identification card they have been issued.

(c) Notwithstanding (b) above, an applicant who has been issued a valid temporary driving permit pursuant to the provisions of RSA 265-A:31 shall not be required to surrender their driver license as a prerequisite to the issuance of a non-driver identification card, as the applicant's driver license has already been confiscated by a law enforcement officer in accordance with those provisions.

(d) Upon receipt of a completed form DSMV 450 and the statutory fee, the director shall issue the applicant a non-driver identification card.

(e) The director shall require the surrender of any non-driver identification card issued upon receipt of information indicating that the person:

(1) Misrepresented any information contained on the non-driver identification card to the division;

(2) Knowingly altered any information contained on the non-driver identification card;

(3) Allowed, caused, or permitted another person to use the non-driver identification card; or

(4) Used the non-driver identification card for an illegal purpose.

(f) The provisions set forth in Saf-C 1017.14 shall apply in the event a person makes an unsworn falsification on a non-driver identification card application.

(g) Any person required to surrender a non-driver identification card pursuant to the provisions of (f) shall be entitled to notice and a hearing within 10 days of issuance of the order requiring such surrender. The hearing shall be conducted in accordance with the provisions of Saf-C 200.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.07); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.05); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.07 Driver Record History {#sec-saf-c-1011.07 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.07}

(a) For the purposes of this section, a "driver record history" means the name, date of birth, prior motor vehicle convictions, and motor vehicle accidents of a New Hampshire licensed driver.

(b) Driver record histories shall be available to the public, if applicable, for the following fees:

(1) A certified record: $15.00 per record; and

(2) An insurance copy: $15.00 per record.

(c) Driver record histories shall be available to an insurance company or authorized agent, if applicable, in accordance with the fees set forth in RSA 260:15.

(d) Driver record histories requested by a record holder for themselves shall be furnished at any DMV office.

(e) Driver record histories requested by anyone other than the record holder shall be furnished at Division of Motor Vehicles, 23 Hazen Drive, Concord N.H. 03305.

(f) Each person requesting a driver record history shall furnish the division with a complete legal name and date of birth of the person whose history is requested.

(g) The fee set forth in (b) or (c) above shall be furnished to the division at the time of the request and shall not be refunded for any reason.

(h) Driver record histories shall not include a person's social security number.

(i) Each driver record history shall be furnished in accordance with the provisions of RSA 260:14.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.08); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.06); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.08 Petition For Refund of Driver License Fee {#sec-saf-c-1011.08 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.08}

(a) Pursuant to RSA 263:43, a driver whose driver license has been voluntarily surrendered because of a physical or mental incapacity may petition the department for a refund of their fee for the unexpired full years of their driver license.

(b) The petition shall be submitted to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(1) Name and date of birth;

(2) Address and driver license number;

(3) The date the driver license was surrendered;

(4) The reason the driver license was surrendered; and

(5) A request for a prorated refund for the remaining full years.

(d) The department shall authorize treasury to refund the prorated driver license fee if the director determines that the driver license was voluntarily surrendered because of a physical or mental incapacity.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.09); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.07) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1011.09 Waiver of Retention of Image, Likeness, or Photograph {#sec-saf-c-1011.09 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.09}

(a) Any image, likeness, or photograph retrieved for the on-line imaging system shall be retained by the department unless an applicant for an original or a renewal driver license, who is a New Hampshire resident, requests a waiver pursuant to this section.

(b) An applicant may request a waiver by checking the box on form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23) or form DSMV 637 “Application for a Duplicate Driver License or Non-Driver ID Card,” (rev. 06/23).

(c) The division shall remove the applicant's image, likeness, or photograph from its records, unless the applicant is exempted from such removal in accordance with the provisions of RSA 260:14 or any other law.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.10); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.08); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.10 Confidentiality of Driver Licensee's Image, Likeness, or Photograph {#sec-saf-c-1011.10 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.10}

(a) Each driver's image, likeness, or photograph retained in the division's records shall be confidential, pursuant to RSA 91-A:5, IV and RSA 260:14.

(b) Notwithstanding (a) above, a driver's image, likeness, or photograph shall be released to the following:

(1) Law enforcement agencies for ongoing investigations; or

(2) Other state motor vehicle departments for official driver licensing purposes.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.11); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.09) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1011.11 Uniform Organ Donor {#sec-saf-c-1011.11 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.11}

(a) Every driver licensing office, including substations, shall have literature, including that published by the New England Organ Bank, providing information about organ and tissue donation. All literature and notices shall be placed in an accessible and conspicuous place.

(b) A licensee may become an organ donor by marking the box in the shape of a heart on form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23), form DSMV 637 “Application for a Duplicate Driver License or Non-Driver ID Card,” (rev. 06/23), or form DSMV 30 “Record Change Request” (rev. 06/23).

(c) Upon receipt of the information set forth in (b) above, the division shall issue the licensee a replacement driver license bearing a heart symbol in red on the front of the driver license.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.12); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.10; ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1011.12 Probationary Driver License {#sec-saf-c-1011.12 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1011.12}

(a) Each licensee who applies for reissuance of a driver license in accordance with the provisions of RSA 265-A:35 and RSA 262:24 shall be:

(1) Considered an "at risk" driver; and

(2) Issued a probationary driver license for a period of 5 years from the date of reissuance.

(b) A probationary driver license issued pursuant to this section shall contain red lettering on the driver license number located on the front of the driver license.

(c) Upon submission of an application from the licensee at the expiration of the 5-year period, the division shall issue a replacement driver license without the red lettering.

(d) A probationary license holder shall not drive or attempt to drive a vehicle upon a way while under the influence of a controlled drug or intoxicating liquor if their blood alcohol content is 3/100 percent or greater.

(e) A probationary license holder who refuses a blood alcohol content test of the officer's choosing shall have their driver license administratively suspended for 90 days, and:

(1) The division shall notify the person in writing by first class mail of the suspension, which shall become effective 30 days from the date of notification;

(2) The person may request a hearing by submitting a written request to the bureau of hearings within 30 days from the date of notification;

(3) A request, pursuant to (2) above, shall not delay, postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days after receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearings examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(f) The department shall suspend the driver license of a probationary license holder who submits to an alcohol concentration test, and the results are 3/100 percent or more. The licensee shall be suspended for 90 days for a first probationary license offense and 180 days for a subsequent probationary license offense.

(g) In the case of (f) above the following shall apply:

(1) The division shall notify the person in writing by first class mail of the suspension, which shall become effective 30 days from the date of notification;

(2) The person shall be afforded a hearing by submitting a written request to the bureau of hearings within 30 days of the date of notification;

(3) A request, pursuant to (2) above, shall not delay postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearing examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(h) The scope of the hearing described in (e) or (g) above shall be limited to whether:

(1) The person held a probationary license at the time of the offense; and

(2) The person refused a blood alcohol content test as specified in (g); or

(3) The person took a blood alcohol content test which showed a result of 3/100 percent or more as specified in (f).

(i) A request for a hearing received more than 30 days from the date of the notification shall be denied as untimely.

(j) Pursuant to RSA 265-A:35, II, the penalties prescribed in paragraphs (e) and (f), shall not run concurrently with any other penalties.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.13); ); ss by #13685, eff 8-5-23 (formerly Saf-C 1011.12) (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1012 Vanpooling

N.H. Code Admin. R. Ann. Saf-C 1012.01 Vanpool Operator's Permit {#sec-saf-c-1012.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1012.01}

(a) The director shall issue at no charge a vanpool operator's permit to any licensed driver who transports no fewer than 8 nor more than 15 people to and from work on a non-profit basis, when the vehicle used is of a type specified in RSA 376:2, XII.

(b) Each applicant for a vanpool operator’s permit shall submit a letter to the:

Division of Motor Vehicles

Attn: Driver Licensing

23 Hazen Drive

Concord, N.H. 03305.

(1) Name and date of birth;

(2) Legal address;

(3) Height and weight;

(4) Gender;

(5) Color of hair and eyes;

(6) Driver license number;

(7) The following certified statements:

a. The applicant has paid all residence taxes for which they are liable;

b. The applicant has filed an insurance certificate with the director;

c. The applicant has no mental or physical handicap which would be detrimental or incapacitate the applicant from holding a vanpool operator's permit;

d. The applicant's driver license is not under suspension or revocation in any jurisdiction, and no legal or administrative action relating to the applicant's operation of a motor vehicle is pending against them in any jurisdiction; and

e. The applicant is aware of their responsibility to notify the director of any change in the status of an insurance certificate filed with the director in connection with a vanpool operator's permit; and

(8) Signature of the applicant and date the letter was signed.

(d) Each applicant shall submit the information in (c) above to the division, along with a certificate from an insurance company indicating that the vehicle used for vanpooling service is covered by a liability insurance policy.

(e) The insurance policy shall be for at least the following amounts:

(1) For injury to or death of one person, $100,000;

(2) For injury to or death of more than one person, $300,000; and

(3) For damage to the property of others, $20,000.

(f) Each applicant for a vanpool operator's permit shall produce a valid New Hampshire driver license of the proper classification for the vehicle used for vanpooling service.

(g) Each applicant shall satisfactorily complete the following in the order reflected:

(1) The visual acuity examination set forth in Saf-C 1004.01; and

(2) The road skills examination set forth in Saf-C 1006.01, in the vehicle that shall be used for vanpooling service.

(h) Each vanpool operator's permit shall be in the form of a sticker affixed to the applicant's New Hampshire driver license.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1011.01); ss by 13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

(a) Pursuant to RSA 263:40-a, each applicant for a driver license who has not previously been licensed to drive a motor vehicle in this state shall provide their social security number to the department.

(b) Each applicant for a renewal driver license shall be given the opportunity to determine whether to provide their social security number to the department.

(c) Each applicant's social security number obtained pursuant to (a) or (b) above shall be retained by the department unless the applicant requests a waiver to remove the social security number from the department's records, provided that a waiver shall not be available for applicants requesting a Real ID compliant driver license or non-driver identification card.

(d) An applicant for a non-Real ID compliant driver license or non-driver identification card may request a waiver pursuant to (c) above by checking the appropriate box on form DSMV 450 “Application for Driver License or non-Driver ID Card,” (rev. 06/23) or form DSMV 637 “Application for a Duplicate Driver License or Non-Driver ID Card,” (rev. 06/23).

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1012.01); ss by 13685, eff 8-5-23; ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1013.02 Waiver Approval {#sec-saf-c-1013.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1013.02}

Each applicant who requests a social security number waiver, in accordance with Saf-C 1011.01(d), shall receive automatic approval for the waiver.

History

#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1012.02); ss by 13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1014 Limited Privilege Licenses

N.H. Code Admin. R. Ann. Saf-C 1014.01 Purpose {#sec-saf-c-1014.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.01}

The purpose of these rules is to provide the process by which the department shall issue limited privilege licenses to certain persons convicted of a first offense under RSA 265-A:2, I, when a court has ordered the restoration of the person’s operator’s license, pursuant to RSA 263:57-b.

History

#12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17); ss by 13685, eff 8-5-23 (formerly Saf-C 1015.01) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1014.02 Definitions {#sec-saf-c-1014.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.02}

(a) “Enhanced technology ignition interlock device” means “enhanced technology ignition interlock device” as defined in RSA 259:28-b, namely, “an ignition interlock device equipped with a camera and which will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts. Images and data shall be stored by the manufacturer for 3 years.”

(b) “Financial responsibility” means an SR-22 certificate or other proof of financial responsibility acceptable pursuant to RSA 264:21.

(d) “Operator’s license” means a license issued by the State of New Hampshire to drive a non-commercial motor vehicle.

(e) “SR-22 certificate” means a uniform document filed by an insurance company pursuant to RSA 264:21 and RSA 259:9 that certifies the policyholder is insured for New Hampshire's minimum liability requirements under RSA 264.

History

#12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17; ss by 13685, eff 8-5-23 (formerly Saf-C 1015.02) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1014.03 Issuance of Limited Privilege License {#sec-saf-c-1014.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.03}

The department shall issue a limited privilege license pursuant to RSA 263:57-b upon receipt of all of the following:

(a) A completed form DSMV 450 “Application for Driver License or Non-Driver ID Card,” (rev. 06/23);

(b) Certified order from a New Hampshire court, granting a petition for a limited privilege license, bearing the court’s certification on every page, including all pages of documents submitted to the court by the applicant and incorporated by reference in the order;

(d) Certificate of installation of an approved enhanced technology ignition interlock device; and

(e) Payment of the fee required by RSA 263:42, V(b).

History

#12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17; ss by 13685, eff 8-5-23 (formerly Saf-C 1015.03); ss by #14504, EMERGENCY, eff 2-6-26, EXPIRED: 8-5-26; reverted back to #13685

N.H. Code Admin. R. Ann. Saf-C 1014.04 Denial of Limited Privilege License {#sec-saf-c-1014.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1014.04}

Notwithstanding the provisions of Saf-C 1014.03, the department shall deny an application for a limited privilege license if:

(a) The applicant’s operator’s license is currently under suspension or revocation for a reason independent of a first and only conviction under RSA 265-A:2, I; or

(b) The application fails to comply with these rules.

PART 1015 MEDICALLY RECOGNIZED DISORDER DESIGNATION

History

#12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17; ss by 13685, eff 8-5-23 (formerly Saf-C 1015.04) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1015.01 Medically {#sec-saf-c-1015.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1015.01}

Recognized Disorder Indication.

(a) Pursuant to RSA 263:41-b, an applicant for a driver license or non-driver identification card may apply to have a medically recognized disorder displayed on their driver license or non-driver identification card. Only medical disorders authorized by RSA 263:41-b, III, shall be displayed on a driver license or non-driver identification card.

(b) An applicant for a medically recognized disorder designation shall complete and submit form DSMV 643 “Medically Recognized Disorder Indication,” (rev. 06/23).

(c) By signing and dating the application under penalty of unsworn falsification, the applicant authorizes the division to add the indication of the selected medical disorder pursuant to RSA 263:41-b, III to their driver license identification card.

(d) On form DSMV 643, the applicant shall provide a licensed physician’s certification confirming the applicant’s recognized medical condition. The certification shall be signed and dated within 60 days prior to the submission of the applicant’s application.

(e) By signing and dating form DSMV 643 under penalty of unsworn falsification, the licensed physician is certifying that the applicant is under the licensed physician’s treatment and care for the diagnosed designated medical condition.

(f) Upon receipt of a completed form DSMV 643, in compliance with this section, an applicant shall be given a 60-day temporary driver license or non-driver identification card bearing the approved medically recognized disorder indication.

(g) An applicant who receives a 60-day temporary driver license or non-driver identification card as provided in (e) above, shall thereafter receive by mail a driver license or non-driver identification card bearing the approved medically recognized disorder indication.

History

#13685, eff 8-5-23 (see Revision Note at chapter heading for Saf-C 1000)

Part Saf-C 1016 Driver License Actions

N.H. Code Admin. R. Ann. Saf-C 1016.01 License Under Suspension or Revocation {#sec-saf-c-1016.01 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1016.01}

(a) Upon receipt of official notice, that an applicant or driver licensed by the state of New Hampshire has had their privileges to operate suspended or revoked in another jurisdiction, the director or their designee shall:

(1) Send the driver written notification by first class mail that the driver’s privileges shall be suspended or revoked on the date which is 30 days from the date of notification. A driver may request an administrative hearing before the suspension or revocation takes effect.

(2) A request for a hearing shall be in writing.

(3) If the division receives the request for a hearing more than 30 days from the date the notice of suspension or revocation was issued, the request shall be denied as untimely.

(4) If the suspension has not gone into effect, a hearings examiner shall have the discretion to postpone the effective date of suspension for good cause shown.

a. If the director receives official notice that an applicant for a New Hampshire driver’s license has had their privileges to operate suspended or revoked in another jurisdiction, the director shall not issue a license to that person.

b. In the case of (b), if the other jurisdiction reinstated or subsequently reinstates the privileges to operate of the person, he or she may apply to the director for reinstatement of their privileges in the state of New Hampshire.

(b) The suspension of operating privileges listed above, shall be in addition to any penalties or sanctions prescribed by RSA 263:77.

(c) If the applicant or license holder has evidence that the suspension is due to unpaid taxes in another jurisdiction, they shall be eligible for a hearing as set forth in (a)(2) and (a)(3).

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.01); amd by #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 204.01) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1016.02 Physical or Mental Impairment: Driver Re-Examination {#sec-saf-c-1016.02 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1016.02}

(a) "Substance use disorder evaluation" for the purposes of this section, means an evaluation conducted by a licensed alcohol and drug counselor or master licensed alcohol and drug counselor to determine if a chemical dependency exists and if the individual is at risk to recidivate.

(b) An alcohol evaluation shall include, but not be limited to:

(1) The reason for evaluation;

(2) A mental status examination;

(3) A psychosocial history, including:

a. A family background;

b. Any physical and emotional difficulties;

c. The employment situation;

(4) An arrest history;

(5) The medical history;

(6) A history of alcohol usage, drug usage, or both, including:

a. The age of onset;

b. The duration;

c. Consumption;

d. Patterns of consumption and use;

e. Family members’ usage; and

f. The types of previous treatment and response;

(7) The substance abuse treatment history;

(8) The diagnostic test scores; and

(9) Summary and recommendations, including the current risk of repeating an alcohol or drug related offense.

(d) “Driver re-examination” for the purposes of this section means the requirements set forth in Saf-C 1009.

(e) "Medical evaluation" for the purposes of this section means a medical, psychiatric, or psychological examination, or any combination thereof.

(g) Information shall be accepted from sources including, but not limited to:

(1) The licensee's or applicant's admission to impairment;

(2) Accident reports;

(3) Law enforcement officers;

(4) Physicians;

(5) Private complaints; and

(6) Licensing officers.

(h) If a medical or substance use disorder evaluation is required, the licensee or applicant shall be responsible for the cost of such evaluation and for releasing and forwarding the results of such evaluation in written form to the department.

(i) Prior to requiring such medical evaluation, substance use disorder evaluation, or driver re-examination, a hearings examiner shall afford the licensee the opportunity for a hearing, except as provided in paragraph (k).

(j) Upon receipt of the results of such substance use disorder or medical evaluation or driver re-examination, the hearings examiner shall take administrative action. The licensee shall be afforded an opportunity for a hearing prior to any administrative action unless the hearing examiner determines that action pursuant to (k) is applicable.

(k) If the department receives information which substantiates that the licensee is so physically or mentally impaired that immediate harm to the public could occur if the licensee retains their driver license or operating privilege, the director shall immediately suspend the driver license or operating privilege.

(l) Such information referred to in (k) above shall include, but not be limited to, reports:

(1) Of chemical dependency, substance abuse, seizures, or blackouts;

(2) That the licensee has been adjudicated as incapacitated in accordance with the provisions of RSA 464-A:1, et seq.;

(4) That the licensee has been involuntarily committed to a psychiatric facility.

(m) Nothing contained herein shall prohibit the commissioner from requiring proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.06.

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 204.02) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1016.03 Original License Suspension or Revocation {#sec-saf-c-1016.03 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1016.03}

(a) Every first license issued shall be deemed an original license. It shall be issued subject to the conditions set forth in the following paragraphs.

(b) Unless extenuating circumstances exist, a hearings examiner shall, after the hearing, suspend a licensee’s original license and require the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.06 upon receipt of evidence of:

(1) Misconduct in the licensee’s driving of a vehicle, as alleged in a written complaint from a law enforcement officer whereby the licensee’s conduct poses a hazard to the public's safety;

(2) Misuse or abuse of the licensee’s driving privileges as alleged in a written complaint from a law enforcement officer; or

(3) The licensee’s having 3 or more at fault accidents within the term of the original license.

(1) The maturity of the licensee;

(2) The impact a suspension would have on the licensee’s education or employment;

(3) The length of time the licensee has held an original license without prior motor vehicle convictions;

(4) The licensee’s lack of prior motor vehicle convictions; and

(5) The licensee does not present as a hazard to public safety;

History

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.03); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 204.03) (see Revision Note at chapter heading for Saf-C 1000)

N.H. Code Admin. R. Ann. Saf-C 1016.04 Original License Suspension Drivers Under Age 20 {#sec-saf-c-1016.04 omnilex-key=us-nh-regs-official--agency-saf-c--Saf-C 1016.04}

(a) For the purposes of this section, “conviction” is defined as and includes a violation of any motor vehicle offense, whether it occurred in New Hampshire or any other jurisdiction.

(c) Pursuant to RSA 263:14 and for the purpose of this section, "original license" means any driver license issued under title XXI to a person under the age of 20.

(d) Upon learning that an original license holder under the age of 20 has been convicted of an offense, the director or the director’s agent shall suspend the original license as specified in this rule. In addition to a suspension of the original license, the director or the director’s agent shall require that proof of liability insurance in the form of an SR-22 certificate be filed when an original license holder has 2 or more speeding convictions based upon violations that occurred within 2 years from the date the license was issued.

(e) An original license holder shall be given an opportunity for a hearing before the director or the director’s agent suspends the original license.

(f) The division shall notify the driver of a date, location, and time where the driver may appear to show just cause why their license should not be suspended.