TITLE XXI
MOTOR VEHICLES

CHAPTER 260
ADMINISTRATION OF MOTOR VEHICLE LAWS

Division of Motor Vehicles

Section 260:1

260:1 Division Established. – There shall be a division of motor vehicles within the department of safety as provided in RSA 21-P:8.

Source. 1981, 146:1. 1987, 124:22, eff. July 1, 1987.

Section 260:2,-3

260:2, 260:3 Repealed. – [Repealed 1987, 124:26, V, eff. July 1, 1987.]

Powers and Duties

Section 260:4

260:4 Responsibility for Registration of Boats and Motor Carriers. – Those powers, duties, functions and personnel, relating to the registration of boats and motors, motor carriers of property and motor carriers of passengers, shall be within the division as provided in RSA 106-A:12.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:5

260:5 Rulemaking Authority. – All rulemaking authority expressly granted under the provisions of this title to the department or any of its administrators, officials, divisions or bureaus, or to any agency as defined in RSA 541-A:1, II, shall be subject to the provisions of RSA 541-A. Whenever, under the provisions of this title, the department or any of its administrators, officials, divisions or bureaus, or any other agency, has been granted authority to prescribe or otherwise require forms, reports or other matter included in the definition of rule in RSA 541-A:1, XV, such authority shall be construed as rulemaking authority and shall be subject to RSA 541-A. Provided, however, that under the provisions of this title wherever any administrator, official, division or bureau in the department has been granted the authority to adopt rules, either expressly or as stated above, such authority shall be subject to the approval of the commissioner. Unless otherwise specified in this title, appeals from any order or decision of the director, commissioner, division, department or other agency acting under the provisions of this title shall be pursued as provided in RSA 541.

Source. 1981, 146:1. 1994, 412:27, eff. Aug. 9, 1994.

Section 260:6

260:6 Hearing. – A person aggrieved by an act or omission to act of the department under this chapter is entitled, upon request, to rehearing and appeal in accordance with RSA 541.

Source. RSA 269-A:30. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:6-a

260:6-a Administrative Review of Sanctions Against Inspection Stations. – In all cases in which a sanction is imposed by a hearings officer against an official inspection station for violation of the rules relative to inspection stations and the sanction involves a loss of inspection privileges for a period of greater than 20 days, any party aggrieved by the decision may, prior to seeking the remedies provided in RSA 541, request administrative review of the decision by the commissioner or his designee. The commissioner or his designee shall affirm or modify such sanction as justice may require.

Source. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:6-b

    260:6-b Point System for Automobile Dealer and Inspection Station Violations. –
    I. The director of motor vehicles may adopt rules pursuant to RSA 260:5 to establish 2 different uniform point systems for separately identifying automobile dealers and inspection stations which have violated the provisions of this title or rules adopted under this title. The rules shall include a designated level of point accumulation which so identifies automobile dealers and inspection stations.
    II. The director may assess points for violations of this title or rules adopted pursuant to this title which have been found by a court of law or a hearing officer to have been violated. Notice of the assessment of points shall be given in accordance with the rules adopted by the director.
    III. In the case of a conviction or finding against a dealer or inspection station of 2 or more violations committed on a single occasion, such dealer or inspection station shall be assessed points for one offense only, under each separate point system if the same entity holds both a dealer's registration, license, or privileges, and inspection station privileges. If the offenses have different point values, the dealer or inspection station shall be assessed for the offense having the greater point value.
    IV. The director may suspend or revoke the dealer's registration, license, or privileges, or in the case of an inspection station the inspection station privileges, in accordance with the rules adopted under this section. The rules shall provide a mechanism for reduction of points for a dealer or inspection station that has completed a training course approved by the director.
    V. The director may distinguish between larger and smaller dealers and inspection stations in establishing the point system. For the purposes of the point system established under this section, an inspection station may not be liable for violations committed by an individual mechanic if the mechanic deliberately commits an action that is contrary to the law, the rules of the department, or the policies and procedures of the station.
    VI. Both point systems authorized under this section shall only count points for violations committed within the 3 most recent calendar years and shall only count violations that are committed on or after the effective date of the rules adopted under this section.

Source. 2007, 372:1, eff. July 18, 2007.

Section 260:7

260:7 Appointment of Road Toll and Financial Responsibility Administrators. – [Repealed 2001, 158:109, IV, eff. Dec. 28, 2001.]

Section 260:8

260:8 Seal. – The director shall have a seal for use in preparing certified copies of papers and records pertaining to his office, the form of which shall be approved by the governor and council.

Source. 1915, 154:2. 1919, 82:1. PL 99:3. RL 115:3. RSA 259:5. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:9

260:9 Facsimile Signature. – The director shall have the authority to use an engraved or printed facsimile of his signature for the purpose of affixing the same to any official document for which his signature is required, in accordance with the provisions of RSA 93-A.

Source. RSA 259:5-a. 1973, 204:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:10

260:10 Applications. – Every application filed with the department under the provisions of this chapter or other laws and rules relative to motor vehicles shall contain the words ""This application is signed under penalty of unsworn falsification pursuant to RSA 641:3.'' The director, upon evidence satisfactory to him or her that the person who has made an application under the provisions of this chapter or other laws and rules relative to motor vehicles has made any materially false statement in such application, or used fraudulent documents in connection with such application, shall, after hearing, suspend or revoke the license or certificate of registration issued to such person.

Source. 1911, 133:3. 1913, 81:2. 1917, 229:3. 1921, 119:3. PL 100:31. RS 116:40. RSA 260:44. 1957, 310:1. 1981, 146:1. 1993, 117:1, eff. Jan. 1, 1994. 2005, 23:1, eff. Jan. 1, 2006.

Section 260:10-a

    260:10-a Availability of Anatomical Gift Notice. –
    I. Every application form, renewal form, or other appropriate form or communication issued by the department shall provide an option to make an anatomical gift by inclusion in the donor registry, established under RSA 263:41, and shall be accompanied by a statement that the licensee or prospective licensee may make an anatomical gift by registering with the division of motor vehicles in accordance with RSA 263:41.
    II. Every office dealing with motor vehicle licensure regulated by the division of motor vehicles shall place a notice in a conspicuous place stating that a licensee or prospective licensee may become an anatomical gift donor by registering with the division of motor vehicles in accordance with RSA 263:41.

Source. 1991, 108:2, eff. Jan. 1, 1992. 2006, 216:2, eff. July 31, 2006.

Section 260:10-b

    260:10-b Collection of Biometric Data Prohibited. –
    I. The state shall not collect, obtain, or retain any biometric data in connection with motor vehicle registration or operation, or in connection with driver licensing. ""Biometric data'' includes, but is not limited to:
       (a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.
       (b) Facial feature pattern characteristics.
       (c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.
       (d) Voice data used for comparing live speech with a previously-created speech model of a person's voice.
       (e) Iris recognition data containing color or texture patterns or codes.
       (f) Keystroke dynamics, measuring pressure applied to key pads.
       (g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.
       (h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.
       (i) DNA/RNA.
    II. Paragraph I shall not apply to:
       (a) The collection or retention of fingerprints or the purpose of enforcing laws relating to serious traffic offenses, including, but not limited to, driving while intoxicated, reckless driving, negligent homicide with a motor vehicle, operating after being declared an habitual motor vehicle offender, or any motor vehicle offense for which a physical custody arrest was made and bail is required.
       (b) The taking or use of signatures, computerized images, likenesses, or photographs, in any form used by the department prior to the effective date of this subparagraph, for licensing purposes, provided that the taking or use is consistent with the provisions of RSA 260:14.
       (c) The taking of fingerprints for the purpose of performing criminal records checks required under federal regulations governing the issuance of hazardous materials endorsements on drivers' licenses.

Source. 2004, 133:1, eff. July 18, 2004.

Section 260:11

260:11 Bonds. – The director and the administrative assistants shall give bonds to the state conditioned upon the faithful discharge of the duties of their offices.

Source. 1915, 154:2. 1919, 82:1. 1921, 118:2. PL 99:4. 1929, 34:1. RL 115:4. 1950, 5:1, part 24:25. RSA 259:6. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:12

260:12 Expenses. – All salaries and expenses of the division shall be paid out of the receipts of the division upon the warrant of the governor.

Source. 1915, 154:2. 1919, 82:1. PL 99:5. RL 115:5. RSA 259:9. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:13

260:13 Procedure by Director. – In the administration of the laws and rules relative to motor vehicles, and to the drivers and the driving thereof, the director may summon witnesses in behalf of the state, and may administer oaths and take testimony. He may also cause depositions to be taken, and may order the production of books, papers, agreements and documents.

Source. 1911, 133:23. 1921, 119:22. PL 102:26. RL 118:28. RSA 262:33. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:14

    260:14 Records and Certification. –
    I. In this section:
       (a) ""Motor vehicle records'' means all applications, reports required by law, registrations, histories, certificates and licenses issued or revoked by the department and the information, including personal information, contained in them.
       (b) ""Person'' means an individual, organization or entity, but shall not include this state or an agency thereof. ""Person'' shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person's conservator, executor, administrator, or next of kin as defined in RSA 259:66-a.
       (c) ""Personal information'' means information in motor vehicle records that identifies a person, including a person's photograph or computerized image, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.
       (d) ""Legitimate business'' means a business which is registered in New Hampshire and which receives compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research.
    II. (a) Proper motor vehicle records shall be kept by the department at its office. Notwithstanding RSA 91-A or any other provision of law to the contrary, except as otherwise provided in this section, such records shall not be public records or open to the inspection of any person.
       (b) Copies of such records, duly attested and certified by the director, or designee, shall be as competent evidence in any court within this state as the original record or document would be if produced by such person as the legal custodian. A hearings examiner shall be considered a legal custodian of motor vehicle records for the purpose of testifying at a trial.
    III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.
    III-a. Except for a person's photograph, computerized image, and social security number, motor vehicle records may be made available to the department of transportation for the enforcement of the electronic toll collection, pursuant to RSA 236:31. Any records received under this paragraph shall not be further transferred or otherwise made available to any non-governmental agency that is not a contracting agent of the department of transportation for the enforcement of electronic toll collection.
    III-b. A corporation that is operating under an active DD Form 441 Department of Defense Security Agreement and has a facility located within the state may request that the commissioner grant a waiver to the corporation that would permit it to obtain the name and address of the owner of any motor vehicle that is on or adjacent to the corporation's property within the state of New Hampshire. The corporation shall only use information received under this paragraph for security purposes. The commissioner may grant or renew the waiver for any period up to one year. During the period when the waiver is valid, the police department of jurisdiction shall, upon request, provide to the corporation's security operations center supervisor, or equivalent person, the name and address of the owner of any motor vehicle on or adjacent to the corporation's property within the state of New Hampshire.
    IV. (a) Except for a person's photograph, computerized image, and social security number, motor vehicle records shall be made available, upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one of the following described uses:
          (1) Motor vehicle manufacturers, or their authorized agents, for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
          (2) Insurance companies authorized to write automobile and personal excess liability insurance policies, or by self-insured entities, or their authorized agents, for use in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
       (b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
    V. (a) Except for a person's photograph, computerized image and social security number, motor vehicle records may be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the use of the records will be strictly limited to one or more of the following described uses, which use shall be specified in the request:
          (1) For use by a legitimate business in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research, so long as the name and address of the individual is not disclosed by the department; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
          (2) For use with respect to a request for a named person's motor vehicle records in connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency, including the service of process and the execution or enforcement of judgments and orders, pursuant to an order of the court or agency.
          (3) For use with respect to a request for a named person's motor vehicle records by a banking or similar institution, in the normal course of business, but only to verify the accuracy of personal information submitted by the individual to the bank and if such information is incorrect, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
          (4) For use by a legitimate business in research activities, and for use by a legitimate business in statistical reports, so long as personal information is not disclosed by the department.
          (5) For use with respect to a request for a named person's motor vehicle records in providing notice to the owners of towed or impounded vehicles.
          (6) For use with respect to a request for a named person's motor vehicle records by any private investigative agency or security service licensed by this state for any purpose permitted under subparagraph V(a) other than subparagraph V(a)(8).
          (7) For use with respect to a request for a named person's motor vehicle records by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986.
          (8) For bulk distribution for surveys, marketing or solicitations, provided that the express consent of each person to whom such motor vehicle records pertain has been obtained. Such consent may be withdrawn at any time.
          (9) For use with respect to a request for a named person's motor vehicle records by a public utility, as defined in RSA 362:2 and over which the public utilities commission exercised jurisdiction on July 1, 1996, to perform its public service obligations, provided that the named person's express consent has been obtained. Such consent may be withdrawn at any time.
          (10) For use by life insurance companies authorized to write life insurance policies, or their authorized agents, on a case-by-case basis, in connection with claims investigation, rating, and underwriting, provided that the insurance company has provided written notice to the named person that the person's motor vehicle records will be accessed.
       (b) (1) A person may elect at any time not to have any personal information pertaining to such person made available as provided in subparagraphs V(a)(1), (2), (3), (4), (5), (6) and (7). A person who so elects shall inform the department in writing, and the department shall not thereafter make the personal information available, nor shall the department make available a list of the persons who have so elected. Any elections previously made under this section shall continue in effect.
          (2) The department shall inform members of the public in a clear, simple and conspicuous manner of their right to make the election permitted by this subparagraph at each of its offices at which it requests personal information. The department shall also request that the same be done by municipal agents of the department appointed pursuant to RSA 261:74-a.
       (c) (1) No person shall be required to provide his or her written or express consent to the release of personal information as a condition of doing business with any other person or legitimate business.
          (2) For purposes of this section, ""express consent'' means upon knowledge and affirmative agreement of the person to whom the personal information pertains a written statement dated and executed by that person that is separate and distinct from any other document and that contains at least the following:
             (A) A specific description of the personal information to be disclosed.
             (B) The name of the entity that is authorized to make the disclosure.
             (C) Identification of the entity or entities authorized to receive the disclosure and a specific description of the purpose for which such disclosure will be made.
             (D) The expiration date of the authorization, which shall be no more than 2 years from the date of its execution.
             (E) A clear, simple, and conspicuous statement that providing express consent to the release of personal information is not required in order to do business with the entity that is authorized to make the disclosure.
             (F) An acknowledgment by the person executing the statement that he or she has the right to revoke the authorization at any time.
    VI. (a) Except as provided in subparagraph (b), an authorized recipient of personal information for a particular use under the provisions of subparagraph V(a) may not sell, rent, transfer, or make the information available to another person for the same or for any other use.
       (b) An authorized recipient of personal information for a particular use under subparagraphs V(a)(1), (4), (8), (9), and (10) may sell, rent, transfer or make the information available to another person for the same use only, subject to the limitations in the particular subparagraph.
       (c) An authorized recipient of personal information for a particular use under the provisions of subparagraph VI(b) who sells, rents, transfers or uses the information, or makes the information available to another person, for the same use shall be required by the department to (1) maintain for a period of not less than 5 years records identifying each person who receives the information and the permitted purpose for which the information will be used; and (2) make such records available to the department on request.
    VII. A person shall have access to motor vehicle records relating to such person upon proof of identity. Motor vehicle records relating to a person may be made available to any other person upon proof, in such form and manner as the department prescribes, that the notarized, written consent of the person who is the subject of the record has been obtained.
    VIII. Nothing in this section shall prohibit the department in its discretion from releasing to the public any person's name, age or motor vehicle offenses only.
    VIII-a. (a) No person who has been convicted of any offense enumerated in RSA 632-A, RSA 645, or RSA 649-A, or a reasonably equivalent offense under the law of another state or the federal government, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph. Such image, likeness, or photograph shall be retained in the records of the department of safety.
       (b) No person who has been convicted of DWI, aggravated DWI, or a reasonably equivalent offense under the laws of another state, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph until at least 7 years after the date of the conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
       (c) No person who has been convicted of a felony in this state or in any other jurisdiction shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person's driver's license image, likeness, or photograph until at least 10 years after the date of conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
    IX. (a) A person is guilty of a misdemeanor if such person knowingly discloses information from a department record to a person known by such person to be an unauthorized person; knowingly makes a false representation to obtain information from a department record; or knowingly uses such information for any use other than the use authorized by the department. In addition, any professional or business license issued by this state and held by such person may, upon conviction and at the discretion of the court, be revoked permanently or suspended. Each such unauthorized disclosure, unauthorized use or false representation shall be considered a separate offense.
       (b) A person is guilty of a class B felony if, in the course of business, such person knowingly sells, rents, offers, or exposes for sale motor vehicle records to another person in violation of this section.
    X. The department and any person aggrieved by a violation of this section may bring a civil action under this section and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 for each violation; reasonable attorneys' fees and other litigation costs reasonably incurred; and such other equitable relief as the court determines to be appropriate.
    XI. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of motor vehicle records to any person obtaining such records as provided in this section.
    XII. The commissioner of safety shall adopt rules to implement this section. Notwithstanding any other provisions of law, such rules shall be exempt from the provisions of RSA 541-A.
    XIII. Notwithstanding the provisions of RSA 91-A, the department may charge reasonable fees for the release of information under this section. In determining a reasonable fee, the department shall consider factors such as labor and production costs, as well as the market value of the information. All such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
    XIV. Any person determined by the commissioner, after hearing, to have violated any provisions of this section may be barred from receiving motor vehicle records for a period not to exceed 5 years.
    XV. (a) Motor vehicle records obtained from the department under the provisions of subparagraph V(a)(4) and (8) shall be obtained separately for each use specified under subparagraph V(a)(4) and (8), one use to a request, provided that the commissioner may grant a request from a legitimate business for multiple uses if:
          (1) The commissioner determines the legitimate business has responsible business practices including, but not limited to, data privacy and security policies.
          (2) The legitimate business provides the commissioner with a list of all users of the information, including the name and address of the business, provided, however, that such list shall not be a public record available for public inspection pursuant to RSA 91-A.
          (3) The subsequent users are required by the legitimate business to certify compliance with RSA 260:14 and shall be conspicuously informed that they are prohibited from reselling, transferring, or assigning any motor vehicle record information, including personal information.
          (4) The legitimate business certifies its compliance with RSA 260:14 on a form prescribed by the department, including posting a bond if required by the commissioner.
       (b) All legitimate businesses approved under this paragraph shall be charged a reasonable fee as determined by the commissioner that reflects the number of multiple uses authorized, the volume of the legitimate business' resale business, and the market value of the information.
    XVI. The commissioner may limit the information contained in motor vehicle records released to any person under this section if it is determined by the commissioner that the release of certain personal information is unnecessary.
    XVII. The provisions of this section shall be severable if any phrase, clause, sentence or provision is declared contrary to the constitution of this state or the United States.

Source. 1921, 119:23. PL 99:6. 1929, 55:1. RL 115:6. RSA 259:10. 1981, 146:1. 1990, 79:1. 1996, 295:1. 1997, 66:1. 2000, 319:2-12. 2001, 91:6. 2001, 134:1-4; 208:1; 2002, 242:2-4. 2003, 261:1, 2, eff. July 14, 2003. 2004, 241:4, eff. June 15, 2004. 2006, 108:1, eff. July 1, 2006; 317:12, eff. Aug. 18, 2006.

Section 260:15

    260:15 Copies of Certificates and Motor Vehicle Records. –
    I. The department may issue a certified copy of any certificate of registration, or of any license to drive motor vehicles which may have been lost or mutilated, upon the written request of the person entitled thereto and the payment of the prescribed fee, and such certified copy shall have the same force and effect as the original.
    II. The department may issue a copy of any motor vehicle record upon the request of an insurance company or any other authorized agent, and notwithstanding RSA 91-A shall require payment by the insurance company or authorized agent of a fee of $12 for email or other computer-generated requests where payment is debited against an account established with the department, or $15 for all other requests, which shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.

Source. 1921, 119:23. PL 99:7. RL 115:7. RSA 259:11. 1981, 146:1. 1991, 262:3. 2001, 91:7. 2003, 248:2, eff. July 1, 2003. 2009, 144:14, eff. July 1, 2009.

Section 260:16

260:16 Appropriation. – The department may destroy, at the end of 5 years from the date of filing, originals or copies, including photographs, microphotographs, or photographic film, of reports required by law of accidents and applications for licenses to drive motor vehicles and for the registration thereof. The department may destroy any obsolete number plates and forms which, in the director's opinion, are no longer of any value to the state. The time limit provided herein shall not apply in the case of the destruction of original records, papers, or documents as provided in RSA 260:19. This section shall not be construed as allowing the destruction of any record of conviction maintained for the purposes of RSA 265-A:2, I.

Source. 1919, 12:1. 1925, 49:1. PL 99:8. 1929, 55:2. RL 115:8. 1947, 15:2. RSA 259:12. 1981, 146:1; 479:16, eff. Jan. 1, 1982, at 12:01 a.m. 2006, 260:16, eff. Jan. 1, 2007.

Section 260:17

    260:17 Records; Reproduction. –
    I. The department may cause any or all records, papers or documents kept by it, including those under RSA 260:16, to be photographed, microphotographed, recorded on film or retained on computer data files. The method used shall provide a reasonable degree of durability, and the device used for reproduction of such records shall be one which makes an accurate reproduction.
    II. Any provision of this title which requires or appears to require the department or any of its divisions, bureaus, or officials to obtain any information, document or record in written or hardcopy form may be satisfied, at the option of the department, by obtaining the information, document or record by electronic transfer.

Source. 1947, 15:1. RSA 259:13. 1981, 146:1. 1985, 213:7. 1990, 79:13, eff. June 9, 1990.

Section 260:18

260:18 Film to be Deemed Original Record. – Such photographs, microphotographs or photographic film shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A copy thereof, duly attested and certified by the director or his designee shall, for all purposes, be deemed to be a copy of the original.

Source. 1947, 15:1. RSA 259:14. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:19

260:19 Destruction of Original Records. – Whenever such photographs, microphotographs or reproductions on film shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the director shall have the power to authorize the destruction of the original records, papers or documents.

Source. 1947, 15:1. RSA 259:15. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:20

260:20 Motor Vehicle Law to be Printed. – The department shall cause this title and the rules hereunder to be printed in pamphlet form for distribution.

Source. 1921, 119:27. PL 99:9. RL 115:9. RSA 259:16. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:21

    260:21 Identification Cards. –
    I. The department shall upon application issue a nondriver's picture identification card to any resident who:
       (a) Is 12 years of age or older and does not possess a driver's license,
       (b) Is disabled and does not possess a driver's license, or
       (c) Is 65 years of age or older, whether or not said resident possesses a driver's license.
    II. The department shall, before issuing a card to an applicant, require the applicant to furnish proof of his or her name, age, and residence. The department shall accept the following forms of proof unless there is evidence that the item is not genuine:
       (a) A current United States passport.
       (b) An armed services identification, or other photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.
       (c) Two or more of the following:
          (1) A certified or original birth certificate.
          (2) A utility bill that is postmarked to the applicant.
          (3) A lease or deed or a letter from the town or city clerk verifying the applicant's residency in the town or city.
          (4) A marriage certificate or official court document if the person has changed his or her name.
          (5) A non-photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.
          (6) Other documentation recognized by the department for other purposes.
       (d) A notarized statement mailed to the department by registered mail by the department of health and human services verifying the applicant's name, age, and residence and that the applicant is or has been in the custody of the department of health and human services under RSA 463 or under the custody or legal supervision of the department of health and human services pursuant to a proceeding under RSA 169-B, 169-C, or 169-D. This subparagraph shall only apply to applicants under 21 years of age and over 18 years of age or, in the case of a person found delinquent, over 17 years of age. The department shall also accept such a statement that does not verify residence if the applicant provides a notarized statement verifying residence from a homeless shelter or agency or organization receiving federal or state funding for homeless services on the letterhead of the shelter, agency, or organization.
    III. The identification card shall bear the name, address, social security number, date of birth, blood type (optional), picture and signature of the applicant, and in the case of a card issued pursuant to RSA 260:21, I(c), said card shall bear the notation ""Golden Granite State Discount Card.''
    IV. The identification card shall be valid for 5 years from the date of issuance; provided, however, that a card issued pursuant to RSA 260:21, I(c) shall be valid for as long as the holder is a resident of the state and a card issued pursuant to RSA 260:21, XI shall be valid for 2 years from the date of issuance.
    V. The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his driver's license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65.
    VI. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.
    VII. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.
    VIII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.
    IX. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.
    X. The director shall keep a record of the cards issued, and each card shall contain an identification number specifically assigned to the person to whom the card was issued.
    XI. The department shall issue a nondriver's picture identification card to an inmate about to be released pursuant to RSA 651-A:6, IV, without requiring any proof of name, age, or residence. The card need not bear the inmate's new address if it is unknown prior to release.

Source. RSA 259:21. 1977, 194:1. 1979, 88:1; 469:2-4. 1981, 146:1. 1985, 303:6. 1990, 79:9; 140:2, X; 255:6. 1993, 117:2. 1994, 67:1. 1997, 336:3. 2002, 83:6, eff. May 3, 2002. 2006, 216:3, eff. July 31, 2006. 2008, 277:1-3, eff. Aug. 26, 2008.

Section 260:22

260:22 Disposition of Fees; Reimbursement to the Highway Fund. – The necessary expenses incurred under RSA 260:21 shall be a charge against the operating budget of the department of safety, division of motor vehicles, motor vehicle and driver safety, driver licensing. Pursuant to RSA 260:21, 50 percent of all fees collected shall be credited to the department to reimburse operating expenditures and are hereby appropriated for that purpose. Fifty percent of all fees collected shall be credited as unrestricted revenue to the highway fund; provided, however, that 50 percent of all fees collected for cards issued pursuant to RSA 260:21, I(c) shall be credited to the state committee on aging pursuant to RSA 161-F:29. Upon prior approval of governor and council, transfers may be made from nondriver's picture identification card unrestricted revenue for other related expenditures, but in no event shall the cumulative annual transfers exceed 50 percent of all fees collected.

Source. RSA 259:22. 1977, 194:1. 1979, 469:5. 1981, 146:1. 1986, 128:11. 1989, 72:2, eff. Jan. 1, 1990.

Section 260:23

260:23 Disposition of Receipts. – All fees, fines and forfeitures received by any person under the provisions of any laws of the state relative to the use and driving of vehicles shall be paid to the department within 14 days after the receipt thereof; and all moneys received by the department shall be paid monthly to the state treasurer.

Source. 1911, 133:27. 1919, 161:7. 1921, 119:26. PL 102:28. RL 118:30. 1945, 65:1. 1949, 94:1. 1951, 163:15; 245:9. RSA 262:35. 1957, 110:1. 1967, 182:3. 1981, 146:1. 1983, 383:16, eff. Jan. 1, 1984.

Bureau of Certificate of Title

Section 260:24

260:24 Bureau Established. – There is hereby established in the division a bureau of certificate of title which under the direction of the director shall carry out the work and purposes of the certificate of title and anti-theft provisions of this title.

Source. RSA 269-A:45. 1967, 357:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:25

260:25 Staff of Bureau. – The director may employ such assistants as are necessary to carry out the functions of the bureau of certificate of title.

Source. RSA 269-A:46. 1967, 357:1. 1977, 431:1. 1981, 146:1, eff. Jan. 1, 1982.

OHRV Bureau

Section 260:26

260:26 Bureau Established. – [Repealed 1981, 538:11, IX, eff. Jan. 1, 1982, at 12:02 a.m.]

Section 260:27

260:27 Chief Supervisor Appointed. – [Repealed 1981, 538:11, X, eff. Jan. 1, 1982, at 12:02 a.m.]

Section 260:28

260:28 Bureau Responsibilities. – [Repealed 1981, 538:11, XI, eff. Jan. 1, 1982, at 12:02 a.m.]

Section 260:29

260:29 OHRV Rules. – [Repealed 1981, 538:11, XII, eff. Jan. 1, 1982, at 12:02 a.m.]

Road Tolls

Section 260:30

260:30 Short Title. – This subdivision shall be known and may be cited as the ""Motor Vehicle Road Toll Law.''

Source. 1943, 65:1. RSA 265:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:31

260:31 Purpose of Subdivision. – The purpose of this subdivision is to secure the motor fuel road toll or any other special charges with respect to the sale or consumption of motor fuels, as specified in Part II, Article 6-a of the constitution of New Hampshire.

Source. 1943, 65:1. RSA 265:3. 1981, 146:1. 1996, 292:9, eff. Jan. 1, 1997.

Section 260:32

    260:32 Levy of Tolls and Exemptions. – There is hereby imposed a road toll of $.18 per gallon upon the sale of each gallon of motor fuel sold by distributors thereof. The road toll shall be collected by the distributor from the purchaser and remitted to the state in the manner hereinafter set forth. Provided, that the road toll shall not apply to:
    I. Sales to the United States, its agencies or instrumentalities; and diplomatic or consular personnel certified by the United States Department of State.
    II. Sales between duly licensed distributors;
    III. Sale of motor fuel exported from the state;
    IV. Bulk sales from distributors to the state of New Hampshire or its agencies; or
    V. Sales from distributors to any city, town, county, school district, or village district.
    VI. [Repealed.]

Source. 1943, 65:1. 1951, 83:2. RSA 265:4. 1966, 1:1. 1971, 504:1. 1979, 358:8, II. 1981, 146:1; 321:2, 18. 1987, 179:2. 1988, 64:10. 1990, 10:2; 62:21. 1991, 249:3. 1996, 292:10. 2001, 73:8, eff. July 1, 2001. 2004, 194:2, eff. July 1, 2004.

Section 260:33

260:33 Supplemental Road Toll. – [Repealed 1987, 179:9, I, eff. July 11, 1987.]

Section 260:34

260:34 Additional Highway Road Toll. – [Repealed 1987, 179:9, II, eff. July 11, 1987.]

Section 260:34-a

260:34-a Additional Levy. – [Repealed 1987, 179:9, III, eff. July 11, 1987.]

Section 260:35

260:35 Use of Tolls. – The road tolls shall be used initially to pay the interest and principal due on any bonds and notes issued pertaining to highway purposes, and the remainder shall be paid into the highway fund.

Source. 1951, 83:9. RSA 265:6. 1955, 280:4. 1957, 273:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:36

260:36 Application for License; Licensing of Distributors. – It shall be unlawful for any person to sell or use motor fuel upon which the road toll imposed and collected under this subdivision has not been paid, unless the person is the holder of a valid license to engage in business as a distributor of motor fuels. To procure a motor fuel distributor license, an application, signed subject to prosecution for unsworn falsification and accompanied by a bond, shall be filed with the department in such form as the commissioner may prescribe. Once approved, the department shall issue a license certificate valid only for the distributor in whose name issued. The license shall be unassignable and shall remain in full force and effect on a fiscal year basis from July 1 through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an application renewal form, provided that the distributor is in good standing with the division. The department shall furnish each distributor, monthly, a list of current licenses issued under this section.

Source. 1923, 75:2. PL 104:1. RL 120:1. 1943, 65:1. 1947, 138:2. RSA 265:8. 1963, 300:3. 1981, 146:1. 1994, 22:2. 1996, 292:11, eff. Jan. 1, 1997. 2004, 194:3, eff. July 1, 2004.

Section 260:36-a

260:36-a Denial of License. – If an application is filed by any person whose license was previously revoked or suspended for cause or, in the opinion of the department, the application was not filed in good faith, the commissioner shall grant the applicant a hearing, after which the commissioner may issue or refuse to issue the license. The applicant shall have 10 days' notice, by certified mail, of the hearing and shall have the right to appear.

Source. 1996, 292:12, eff. Jan. 1, 1997.

Section 260:36-b

260:36-b. Licensed Heating Oil Supplier. – [Repealed 2001, 73:8, III, eff. July 1, 2001.]

Section 260:36-c

260:36-c. Penalties. – [Repealed 2001, 73:8, IV, eff. July 1, 2001.]

Section 260:36-d

    260:36-d Biodiesel Distributor License. –
    I. Any person who refines, distills, prepares, blends, manufactures, or purchases biodiesel on which the road toll has not been paid and who is not a licensed and bonded distributor in accordance with RSA 260:36, shall become licensed with the department.
    II. Any licensee that refines, distills, prepares, blends, manufactures, or purchases more than 10,000 gallons of biodiesel in a monthly period shall be required to file with the department a bond in accordance with RSA 260:37.
    III. For all non-bonded licensees an annual fee for the license shall be $25.
    IV. Each biodiesel distributor licensee shall file a monthly return with the department in accordance with RSA 260:38, I.
    V. The license shall be unassignable and shall remain in full force and effect on a fiscal year basis from July 1 through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an application renewal form, provided that the distributor is in good standing with the division. The department shall furnish each licensee, monthly, a list of current licenses issued under this section.
    VI. Any person who shall use any biodiesel or biodiesel blend, upon which the road toll has been paid to the state of New Hampshire, shall be entitled to a refund to the extent of the amount paid, if the biodiesel or biodiesel blend was used in any other way than generating power in an internal combustion engine while traveling on the ways, except that no refunds on biodiesel or biodiesel blends shall be paid on biodiesel or biodiesel blends used while idling a registered motor vehicle. All refunds shall be subject to the same conditions as set forth in RSA 260:47.

Source. 2008, 381:1, eff. Jan. 1, 2009.

Section 260:37

    260:37 Bond Required of Licensed Distributor. –
    I. (a) Every distributor shall file with the department a bond:
          (1) In an amount equal to approximately 3 times the monthly road toll liability of the distributor, but not less than $10,000, on a form to be approved by the commissioner;
          (2) With a surety company authorized to engage in business with the state as surety thereon;
          (3) Upon which such distributor shall be the principal obligor and the state of New Hampshire shall be the obligee;
          (4) Conditioned upon the prompt filing of true reports and the payment by the distributor of all motor vehicle road tolls which are imposed and which are to be collected under this subdivision, together with all penalties and interests thereon, and generally upon faithful compliance with the provisions of this subdivision.
       (b) Changes in the monthly road toll liability level shall also require the bond amount to be adjusted so as to comply with this section.
       (c) Annually, or sooner, the department shall review the distributor's average liability based on the prior 6 months' road toll returns and, if applicable, notify the distributor of the required adjustment in the level of the bond. Failure to comply with the adjustment or to maintain the bond at the required level shall result in the cancellation of the license.
    II. Any surety on any bond furnished by any distributor as above provided shall be released and discharged from any and all liability accruing on the bond after the expiration of 60 days from the date upon which such surety shall have filed with the commissioner a written request to be released and discharged.
    III. In lieu of furnishing a bond executed by a surety company, a distributor may deposit with the state treasurer cash or obligations of the United States or obligations of any federal agency fully guaranteed by the United States or bonds of the state of New Hampshire to the amount of the bond required by this section.

Source. 1931, 159:1. RL 120:2. 1943, 65:1. RSA 265:9. 1979, 358:8, III. 1981, 146:1. 1985, 236:8. 1987, 179:3. 1994, 22:2. 1996, 292:13. 2001, 73:1, eff. July 1, 2001. 2008, 165:1, eff. July 1, 2008.

Section 260:38

    260:38 Determination and Payment of Road Toll. –
    I. For the purpose of determining the amount of road toll imposed and to be collected under this subdivision, the sole proprietor, president, managing partner, chief executive officer, or equivalent thereof, of each distributor shall on or before the twentieth day of each calendar month render a return to the department on forms prescribed and furnished by the commissioner, and shall certify under the pains and penalties of perjury that the return is true, accurate, and complete in all material respects. The return shall show the total number of gallons sold and used in the state during the previous calendar month together with such other information as the commissioner may require for the reasonable administration of this subdivision. Each distributor shall accompany the return with a check payable to the state treasurer for the total amount of road toll shown by such return to be due.
    II. The department shall allow, upon proper proof, any losses due to any catastrophe or extraordinary circumstances. A licensed distributor shall report immediately to the road toll administration any losses sustained by the distributor through fire, accident, or unavoidable calamity, in order that the road toll administration may make any investigation it may deem necessary. In such cases, the distributor shall not delay reporting the loss until the filing of the next monthly report. Failure to report any losses promptly may result in the refusal of the road toll administration to allow credit for such losses against the distributor's road toll liability.
    III. Each person manufacturing alcohol, ethanol, methanol, or any other product within the state of New Hampshire for use in gasohol shall obtain a license and, on or before the twentieth day of each calendar month, the sole proprietor, president, managing partner, chief executive officer, or equivalent thereof, of said person shall render a return to the commissioner on forms prescribed and furnished by the commissioner, and shall certify under the pains and penalties of perjury that the return is true, accurate, and complete in all material respects. The return shall show the total number of gallons sold to distributors of gasohol, or to persons purchasing the product for the purpose of resale to the distributors, together with such other information as the commissioner may require for the reasonable administration of this subdivision.

[Paragraph IV effective until July 1, 2015 at 12:01 a.m.; see also paragraph IV set out below.]

IV. The department of safety shall be responsible for licensing and the collection of the fee established under RSA 146-A:11-b, RSA 146-D:3, RSA 146-E:3, and RSA 146-G:7 and transfer of such fees into the appropriate designated funds under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services and the oil fund disbursement board. The department of safety shall be responsible for the collection of the fee established under RSA 147-B:12 and transfer of such fee into the hazardous waste cleanup fund under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services.

[Paragraph IV effective July 1, 2015 at 12:01 a.m.; see also paragraph IV set out above.]

    IV. The department of safety shall be responsible for licensing and the collection of the fee established under RSA 146-A:11-b and RSA 146-E:3 and transfer of such fees into the appropriate designated funds under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services and the oil fund disbursement board. The department of safety shall be responsible for the collection of the fee established under RSA 147-B:12 and transfer of such fee into the hazardous waste cleanup fund under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services.
    V. [Repealed.]
    VI. Special fuel sold by a distributor on which the New Hampshire road toll fees have not been paid shall have dye and markers added to it at or before the time of withdrawal at a terminal or refinery rack. At the option of the supplier, the dye and markers added may be either:
       (a) Dye and markers required to be added pursuant to United States Internal Revenue Service requirements; or
       (b) Dye with specifications and amounts as required by the department.

Source. 1923, 75:4. PL 104:3, 4. 1927, 123:1; 75:1. 1931, 159:2. 1941, 204:2. RL 120:4-6. 1943, 65:1. RSA 265:10. 1979, 358:8, IV. 1981, 146:1; 321:3, 19. 1987, 179:4. 1988, 271:2. 1993, 171:3; 294:16; 337:8, 9. 1994, 364:10. 1995, 282:7; 282:11. 1996, 228:44; 228:45; 292:14, 15. 2001, 293:15; 293:16, eff. July 1, 2009 at 12:01 a.m.; 283:17, eff. July 1, 2015 at 12:01 a.m. 2004, 194:11, 12, eff. July 1, 2004. 2008, 249:7, eff. July 1, 2008.

Section 260:39

    260:39 Power to Suspend, Revoke, or Cancel Licenses; Surrender of Bond. –
    I. If a distributor fails to maintain an active bond, as required by RSA 260:37, or at any time files a false monthly report, or willfully fails, neglects, or refuses to file the monthly report, or to pay the full amount of the road toll as required by this subdivision, the commissioner, after 10 days' written notice by certified mail directed to the last known address appearing on the files of the department:
       (a) Shall fix a time and place at which the distributor may appear and show cause why such license should not be suspended or revoked; or
       (b) May suspend or revoke the license, in which case the commissioner shall notify the distributor in writing of the suspension or revocation by certified mail. Any distributor whose license shall have been suspended or revoked by the commissioner may, within 30 days from the date of such suspension or revocation, make application in the nature of an appeal to the governor and council.
    II. Upon receipt of a written request from any distributor to cancel the license issued to the distributor, the commissioner shall have the power to cancel the license effective 60 days from the date of the receipt of the written request. No license shall be cancelled unless the distributor shall, prior to the date of the cancellation, have paid all road tolls payable, together with all penalties and interest accruing under the provisions of this subdivision and until the distributor shall have surrendered to the commissioner its license certificate. If, upon investigation, the department shall find that any person to whom a license has been issued is no longer engaged in the sale of motor fuel as a distributor, and has not been so engaged for a period of 6 months, the commissioner shall have the power to cancel such license by giving the person 60 days' notice of cancellation mailed to the last known address of the person, in which event the license certificate issued to the person shall be surrendered to the department.
    III. In the event that the license of any distributor shall be cancelled by the commissioner as provided, in this section and in the further event that the distributor shall have paid all road tolls due, together with all penalties and interest accruing under any of the provisions of this subdivision, the commissioner shall cancel and surrender the bond, cash, or securities filed by the distributor.

Source. 1943, 65:1. RSA 265:11. 1981, 146:1. 1988, 64:11. 1996, 292:16, eff. Jan. 1, 1997.

Section 260:40

    260:40 Penalty for Failure to Report or Pay Tolls Promptly. –
    I. When any distributor shall fail to file a monthly report with the department at the time fixed in this subdivision, refuse to submit the data required by RSA 260:38, or fail to pay the amount of road tolls due when they shall be payable, a penalty of 10 percent shall be added to the amount of the road tolls due, or if no road toll is due, a penalty of $1 per day shall be assessed. Such penalty shall immediately accrue, and thereafter the overdue road tolls and the penalty shall bear interest as specified in RSA 260:40-a.
    II. Any manufacturer of alcohol or any other product used in gasohol who fails to file a return with the commissioner as required by RSA 260:38, III shall be assessed a penalty of $50 for each return not filed. This penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
    III. The commissioner is authorized to waive any penalty and interest assessed under this section when it is proved to the commissioner's satisfaction that the failure to file the monthly report or pay the road tolls on time was not willful.

Source. 1923, 75:6. PL 104:8. 1931, 159:4. 1935, 73:9. RL 120:12. 1943, 65:1. RSA 265:12. 1981, 146:1; 321:4, 20. 1988, 64:13. 1996, 292:17. 2001, 73:2, eff. July 1, 2001.

Section 260:40-a

260:40-a Interest. – For the purpose of this subdivision, interest shall be the rate established by the commissioner.

Source. 1996, 292:18. 2001, 73:3, eff. July 1, 2001.

Section 260:41

    260:41 May Estimate Motor Fuel; Period of Limitation. –
    I. Whenever a distributor shall neglect or refuse to file any report as required or shall file an incorrect or fraudulent report, the commissioner shall determine after an investigation the number of gallons of motor fuel for which the distributor has incurred liability and determine the amount payable by the distributor. The commissioner shall proceed to collect the amount due.
    II. In any action or proceeding for the collection of the road toll or any penalties or interest imposed under this subdivision, an assessment by the commissioner shall constitute prima facie evidence of the claim of the state, and the burden of proof shall be upon the licensee to show that the assessment was incorrect and contrary to law.
    III. All road tolls due and unpaid under the provisions of this subdivision shall be assessed within 4 years after such tolls become due.

Source. 1943, 65:1. RSA 265:13. 1981, 146:1. 1988, 64:16. 1996, 292:19, eff. Jan. 1, 1997.

Section 260:42

    260:42 Motor Fuel and Petroleum Products Transporter. –
    I. Every person not registered as a distributor who transports motor fuel or products subject to the fees stipulated in RSA 146-A, to a point or points outside the state from a point or points within the state, to a point or points within the state from a point or points outside the state, or to a point or points within the state from a point or points within the state, every common carrier or contract carrier who transports motor fuel or petroleum products, and every licensed distributor who transports motor fuel or petroleum products exclusive of the carrier's own product shall be licensed with the commissioner as a motor fuel and petroleum products transporter.
    II. A transporter's license may be obtained by filing an application with the commissioner, on such form as the commissioner may prescribe. Falsification of the application shall be subject to prosecution for unsworn falsification.
    III. The commissioner, after giving notice and opportunity for a hearing, may refuse to issue a transporter's license to any person who previously had a transporter's license suspended or revoked for cause or whose application the commissioner believes was not filed in good faith.
    IV. The commissioner shall issue a license certificate when the application has been accepted and approved, and all other conditions and requirements of this subdivision have been fully complied with. The license shall be valid only for the transporter in whose name it is issued. The license shall not be assignable and shall remain in full force and effect on a fiscal year basis from July 1 through June 30 unless cancelled, suspended, or revoked. The license shall be renewable upon completion of an application renewal form, provided that the transporter is in good standing with the division.
    V. The transporter shall report to the commissioner on forms prescribed by the commissioner, not later than the twentieth of the succeeding calendar month, subject to prosecution for unsworn falsification, all deliveries of motor fuel and petroleum products made to or from points within the state during the previous calendar month. Such reports shall contain sufficient information to identify the quantities delivered, the consignor, the consignee and such additional information as the commissioner may require. A report shall be filed for any month in which no activity occurs. Information required pursuant to this paragraph which has been deemed confidential or as to which a request for confidential treatment is pending shall not be shown to or reviewed by any person other than the employees of the department who have a legitimate need to know the information for the purposes of enforcement of this subdivision, or fuel tax officials of another state as required by RSA 260:56, I, in which case the officials shall be required by the commissioner to agree to a similar limitation on disclosure before such information is furnished.
    VI. (a) Any person who fails, neglects, or refuses to file the monthly report required by this section shall be assessed a penalty of $500. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
       (b) Any person who fails to report a delivery of petroleum fuel or petroleum products within the time period specified in this section shall be assessed a penalty of $500 or $50 per unreported delivery, whichever is greater. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
    VII. The commissioner is authorized to waive any civil penalty and interest when it is proved to the commissioner's satisfaction that the failure to file a monthly report on time or to report all deliveries of petroleum fuel or petroleum products within the time period specified in this section was not wilful.
    VIII. The commissioner may require transporters to report products other than motor fuel and products subject to the fees in RSA 146-A. In such instance, the commissioner shall notify existing transporters no less than 30 days in advance of imposing such requirement.

Source. 1943, 65:1. 1947, 138:3. RSA 265:14. 1981, 146:1; 321:5, 21. 1988, 64:8, 14. 1990, 62:6-8. 1996, 292:20. 2001, 73:4, eff. July 1, 2001. 2004, 194:4, 5, 13, eff. July 1, 2004. 2009, 144:213, 214, eff. July 1, 2009.

Section 260:42-a

    260:42-a Retail Dealer Inspections. –
    I. Every retail dealer shall be subject to reasonable inspections during the regular business hours of the retail dealer. Inspections may consist of the review of records of motor fuel and petroleum products, including:
       (a) Purchases of product;
       (b) Opening and closing inventory readings; and
       (c) Pump meter readings.
    II. Any person authorized by the department is hereby given the authority, during the usual business hours of the day, to enter any retail dealer's premises for the purpose of making an inspection or investigation as deemed necessary by the department. If the owner or occupant refuses to permit such inspection, the commissioner or the commissioner's authorized officers may apply under oath for a search warrant as provided in RSA 595-B.

Source. 2004, 194:6, eff. July 1, 2004.

Section 260:43

260:43 Retention of Records by Distributors, Special Fuel Users, and Transporters. – Each distributor, special fuel user, and transporter shall maintain and keep for a period of 4 years such records of motor fuel and petroleum products sold and distributed or otherwise disposed of within this state, together with invoices, bills of lading, and other pertinent records and papers as may be necessary for the reasonable administration of this subdivision.

Source. 1943, 65:1. RSA 265:15. 1981, 146:1; 321:6, 22. 1988, 64:17. 1996, 292:21. 2001, 73:5, eff. July 1, 2001.

Section 260:43-a

    260:43-a Retention of Records by Retail Dealers. –
    I. Each retail dealer shall maintain and keep for a period of 3 years records of motor fuel and petroleum products, including purchases of product, opening and closing inventory readings, and pump meter readings.
    II. Any retail dealer who fails to provide or maintain, or who denies access to, records required by this section shall be assessed a penalty of $500. Such penalty shall immediately accrue and shall bear interest as specified in RSA 260:40-a.
    III. The commissioner is authorized to waive any civil penalty and interest when it is proved to the commissioner's satisfaction that the failure to maintain records within the time period specified in this section was not willful.

Source. 2004, 194:7, eff. July 1, 2004. 2008, 165:2, eff. July 1, 2008.

Section 260:43-b

260:43-b Additional Recordkeeping Requirements for Biodiesel Distributors. – In addition to the retention of records pursuant to RSA 260:43, biodiesel distributors shall maintain and keep for a period of 4 years records sufficient to demonstrate that all biodiesel sold within the state meets the applicable ASTM fuel quality standard for biodiesel, D6751. Failure to maintain appropriate records or failure to demonstrate compliance with the applicable ASTM standard may result in loss of license issued pursuant to RSA 260:36 and RSA 260:36-d.

Source. 2008, 381:4, eff. Jan. 1, 2009.

Section 260:44

    260:44 Inspection of Records; Hearings. –
    I. The department, or any deputy, employee or agent authorized by it, is hereby given the authority to examine, during the usual business hours of the day, the records required to be preserved under this subdivision; provided, however, that no distributor, user or transporter shall be subjected to unnecessary examinations or investigations.
    II. The commissioner shall have the power, in the enforcement of the provisions of this subdivision, to hold hearings, to administer oaths to witnesses, to take the sworn testimony of any person and cause it to be transcribed into writing, and for such purposes shall be authorized to issue subpoenas and subpoenas duces tecum and compel the attendance of witnesses, and shall have the power to conduct such investigations as he may deem necessary; provided, that it shall be unlawful for any person to disclose the information acquired by the department or any of its agents under the provisions of this section, except when used by the state or any officer thereof in any proceeding for the collection of the road toll or any prosecution for violation of any of the provisions of this subdivision, and provided, further, that if any distributor, user or transporter shall refuse access to such records or if any person shall fail or refuse to obey such subpoena or subpoena duces tecum, or shall fail or refuse to testify before the commissioner, then the commissioner may petition the superior court setting forth the circumstances, and the court shall enter such order against such distributor, user, transporter or person on the premises as the enforcement of this subdivision and justice shall require.

Source. 1943, 65:1. RSA 265:16. 1981, 146:1; 321:7, 23. 1990, 62:9. 1994, 22:2, eff. June 21, 1994.

Section 260:45

    260:45 Discontinuance or Transfer of Business; Penalty. –
    I. Whenever a distributor ceases to engage in business as a distributor within the state by reason of the discontinuance, sale, or transfer of the business, it shall be the duty of the distributor to notify the commissioner in writing at least 10 days prior to the time the discontinuance, sale, or transfer takes effect. The notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date and the name and address of the purchaser or transferee thereof. All road tolls not yet due and payable shall, together with all interest accruing or penalties imposed, notwithstanding any other provisions of this subdivision, become due and payable concurrently with the discontinuance, sale, or transfer, and it shall be the duty of the distributor, concurrently with the discontinuance, sale, or transfer, to make a report and pay all road tolls, interest, and penalties, and to surrender to the department the license certificate issued to the distributor.
    II. Unless the notice provided for in paragraph I shall have been given to the department, the purchaser or transferee shall be liable to the state for the amount of all road tolls, penalties, and interest under this subdivision accrued against any such distributor so selling or transferring the distributor's business, on the date of such sale or transfer, but only to the extent of the value of the property and business thereby acquired from the distributor.

Source. 1943, 65:1. RSA 265:17. 1981, 146:1. 1994, 22:2. 1996, 292:22, eff. Jan. 1, 1997.

Section 260:46

260:46 When Toll Payment is in Default; Procedure. – If any distributor shall be in default for more than 10 days in the payment of any road tolls, interest or penalties, the department may proceed to collect the same by civil suit.

Source. 1923, 75:6. PL 104:5. RL 120:8. 1943, 65:1. RSA 265:18. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:47

    260:47 Refunds. –
    I. Any person who shall use any motor fuel, upon which the road toll has been paid to the state of New Hampshire, shall be entitled to a refund to the extent of the amount paid, under the following conditions:
       (a) The fuel was used in any other way than generating power in an internal combustion engine while traveling on the ways, except that no refunds on motor fuel shall be paid on motor fuel used while idling a registered motor vehicle. For the purposes of this subparagraph, ""idling time'' shall mean when a motor vehicle is stationary with the engine operating at less than 1,200 revolutions per minute (rpm) without the power take-off unit engaged, and with the transmission in the neutral or park positions. ""Power take-off unit'' shall mean a supplementary mechanism enabling the engine power to be used to operate non-automotive apparatus.
       (b) Road tolls paid by the state of New Hampshire, its agencies, or any city, town, county, school district, or village district which uses the motor fuel in its own vehicles; provided, however, that no person, except an organized club of OHRVs or an organized club of snowmobiles, shall be entitled to a refund for an amount less than $10. The right to receive any refund under this section shall not be assignable and any assignment thereof shall be void. Provided, however, members of an organized club for OHRV or an organized club of snowmobile users may assign individual rights to a refund under this section to their respective clubs for the expansion and maintenance of club trails. With the exception of refunds made to OHRV or snowmobile clubs, no payment of any refund shall be made to any person other than the original person entitled to it and using motor fuel as set forth in this paragraph; and provided further, the OHRV or snowmobile of the user shall be registered for OHRV or snowmobile use in New Hampshire to be eligible for the road toll refund under this section.
    II. [Repealed.]
    III. Any person who shall be entitled to a refund of the road toll paid shall be reimbursed the amount of the road toll paid subject to the following conditions:
       (a)(1)(A) Except as provided in subparagraph (2), all applications for refunds shall be made subject to prosecution for unsworn falsification pursuant to RSA 641:3 and shall be filed with the department:
                (i) Annually, no later than April 15 following the end of the calendar year, or
                (ii) If, at the close of any quarter of the calendar year at least $750 is payable in aggregate under these provisions to such person with respect to fuel used during the calendar year, an application may be filed under this subparagraph no later than the close of the subsequent quarter.
             (B) These filing deadlines may be waived by the commissioner for just cause for agencies of political subdivisions within the state. The waiver shall not be granted to any such agency more often than once in 3 years.
          (2) All applications for refunds for fuel used for off highway recreational vehicles, snowmobiles, and boats shall be made subject to prosecution for unsworn falsification pursuant to RSA 641:3 and shall be filed with the department annually no later than April 15 of the year following the calendar year the motor fuel was purchased by the user.
       (b) The application shall be in a form as the department shall prescribe and shall contain such information as required to give the commissioner a full and complete basis for determining the validity of the claim.
       (c) The application shall be accompanied by an invoice showing the purchase, together with evidence of payment of the invoice satisfactory to the commissioner.
       (d) The provisions of RSA 260:44, relative to inspection of records and hearings, shall apply to this subparagraph if so determined by the commissioner or the commissioners.
       (e) The application form shall permit the applicant to authorize payment of all or a portion of the refund to the navigation safety fund established under RSA 270-E:6-a or to the lake restoration and preservation fund, established in RSA 487:25, to be allocated to the control and prevention of exotic aquatic species.
    IV. When the above conditions have been fully complied with and when, after investigation, the commissioner is satisfied that the claim is valid, the commissioner shall determine the amount of the refund due on the application, and shall certify the amount and the name of the person entitled to the refund to the state treasurer.
    V. Any diplomatic or consular personnel certified by the United States Department of State as eligible for an exemption from taxes on motor fuel on the basis of reciprocity shall be entitled to apply for a refund as provided in this section, provided, however, that the personnel shall be entitled to a refund regardless of whether or not it is less than $10.
    VI. Motorsport facilities which sell or dispense automotive racing fuel for off-highway activities including snowmobile use shall be entitled to apply for a refund under this section. Refunds shall only be granted to such facilities for fuels which are specifically designed for automotive racing and which have an octane rating of 105 or higher.

Source. 1943, 65:1. 1947, 138:1; 277:1. 1955, 193:1. RSA 265:19. 1957, 203:1. 1965, 355:1. 1967, 426:2. 1977, 193:1; 572:12. 1978, 14:2, 4. 1979, 138:1; 358:8, V. 1981, 321:8, 9; 146:1; 321:25, 26. 1983, 384:1; 449:24. 1987, 179:5. 1994, 22:2. 1996, 292:23. 1997, 56:1, 2, 4; 275:1, eff. June 19, 1997. 2005, 30:1, eff. July 1, 2005; 210:42, 43, eff. July 1, 2006. 2006, 58:1, 2, eff. July 1, 2006. 2008, 165:3, eff. July 1, 2008.

Section 260:48

    260:48 Retail Dealers. – In addition to the provisions of RSA 260:47 any retail dealer shall be entitled to a refund for tolls paid on account of shrinkage or loss by evaporation of motor fuel. The procedure for such refund shall be as follows:
    I. The amount of refund shall be computed at the rate of 3/4 of one percent of the toll paid on gross purchases.
    II. All applications for refunds shall be made subject to prosecution for unsworn falsification and shall be made semi-annually within 90 days after June 30 and December 31, respectively.
    III. The application shall be in such form as the commissioner shall prescribe and shall be accompanied by a statement from the distributor of the gross purchases of motor fuel made by the dealer during the 6-month period.
    IV. The above conditions having been fully complied with, the commissioner shall calculate the amount of the refund due on the application and shall certify that amount and the name of the person entitled to the refund to the state treasurer.

Source. RSA 265:19-a. 1957, 117:2, 3. 1981, 146:1. 1994, 22:2. 1996, 292:24. 2003, 187:1, eff. July 1, 2003.

Section 260:49

260:49 Transit Carriers. – In addition to the provisions of RSA 260:47 and 260:48 any carrier, excepting privately owned school buses, granted a certificate of public convenience and necessity or public interest permit by the commissioner authorizing regularly scheduled transportation service, at least 90 percent of which service, determined in miles, is furnished within the limits of one incorporated city or town in this state and in motor vehicles designed to transport 12 or more passengers, shall be entitled to a refund of road tolls as provided in this subdivision. The refund shall be for an amount representing the percentage, computed on a calendar month basis, which the total miles operated over regularly scheduled routes by the carrier in motor vehicles entirely within the limits of the city or town is of the total miles operated by the carrier throughout its system. The procedure for such refund shall be the same as that provided under RSA 260:47, III and IV.

Source. RSA 265:19-b. 1967, 426:3. 1981, 146:1. 1996, 292:25, eff. Jan. 1, 1997.

Section 260:50

    260:50 Refund of Tolls Erroneously or Illegally Collected. –
    I. If the commissioner decides that any road tolls or interest or penalties have been erroneously or illegally collected from any distributor, the distributor shall be entitled to a refund thereof, or the amount may be deducted from any subsequent return.
    II. No refunds or deductions shall be made under the provisions of this section unless a written statement, signed subject to prosecution for unsworn falsification, setting forth the circumstances shall be filed with the department within 4 years from the date of payment of road tolls illegally or erroneously collected. Errors in making a return may be corrected on any subsequent return with proper explanation.

Source. 1943, 65:1. 1947, 138:4. RSA 265:20. 1981, 146:1. 1990, 62:10. 1994, 22:2. 1996, 292:25, eff. Jan. 1, 1997.

Section 260:51

260:51 Superior Court Review of Contested Tolls. – Any person may appeal the decision of the commissioner relative to the imposition of road tolls, interest, and penalties to the superior court within 30 days from the date the decision is rendered. The superior court's review shall be limited to determination whether the evidence presented to the department was sufficient to support the commissioner's decision, and whether the commissioner's decision was reasonable and lawful. If the superior court determines that road tolls, interest or penalties, or both, are due to the state, the commissioner shall have the same powers as if there had been no appeal.

Source. 1943, 65:1. RSA 265:21. 1979, 358:9, I. 1981, 146:1. 1994, 22:2, eff. June 21, 1994.

Section 260:52

    260:52 Road Toll on Users of Special Fuel. –
    I. All users of special fuel who travel exclusively (intrastate) on the ways of the state of New Hampshire shall use only special fuel on which the supplier has prepaid the New Hampshire road toll fees. Vehicles powered by special fuels having a gross registered weight in excess of 26,000 pounds or having 3 or more axles regardless of weight that travel on the ways of New Hampshire that also travel in any other state, province, or other IFTA jurisdiction shall meet the licensing and reporting requirements of the International Fuel Tax Agreement (IFTA).
    II. [Repealed.]
    III. The provisions of RSA 260:52 shall not apply to or affect:
       (a) Vehicles owned by the federal government, the state, a city, town, county, village, or school district.
       (b) Diplomatic or consular personnel certified by the United States Department of State as eligible for an exemption.
       (c) Special mobile equipment as defined in RSA 259:105.
       (d) Recreation vehicles as defined in RSA 259:84-a.
    IV, IV-a. [Repealed.]
    V. Every user of special fuel who is required to obtain an International Fuel Tax Agreement (IFTA) license under RSA 260:52, I shall make application for each vehicle on such forms as the commissioner may prescribe. Licenses shall expire on December 31 of each year, and shall be issued at a fee of $10 per vehicle.
    VI. The department may grant a temporary authorization to drive a vehicle propelled by special fuel when, in the commissioner's judgment, it would be feasible. The fee for an authorization shall be based on the approximate toll that would be due but shall be not less than $5 for each authorization. The commissioner may adopt rules, pursuant to RSA 260:5, as the commissioner may deem necessary to carry out the provisions of this paragraph.
    VII. [Repealed.]
    VIII. Any user who has been issued a license in the form of a decal by the department or the user's base state, who fails to display the decal as the commissioner may prescribe shall be guilty of a violation.
    IX. A user, or any agent or employee of a user, who consumes special fuel in a motor vehicle over the ways of this state when the user is not the holder of a required valid license or has not been granted temporary authorization shall be guilty of a violation. Upon conviction for a first offense, the user, agent, or employee shall, notwithstanding the provisions of title LXII, be fined not more than $500. Upon conviction based upon a complaint which alleges that such person was driving after license suspension or revocation, or based upon a complaint which alleges that such person has had one or more prior convictions within the 12-month period preceding the date of the second or subsequent offense, if said conviction or convictions are proven, such user, agent, or employee shall, notwithstanding the provisions of title LXII, be fined not less than $250 nor more than $1,000.
    X. Notwithstanding the provisions of RSA 594:10 and RSA 594:14, a summons may be served on the owner or lessee of any vehicle driven in violation of this subdivision by delivering the summons in hand to any person driving the vehicle, and the driving of the vehicle with the express or implied consent of the owner or user shall be deemed equivalent to an appointment by such owner or user of the driver to be the true and lawful agent upon whom may be served the summons in any action against the owner or user arising out of a violation of this subdivision.
    XI, XI-b. [Repealed.]
    XI-c. No road toll shall be charged for a mixed use school bus operated under contract with a school board authority. However, mixed use school bus operators must, on or before the last day of April, July, October, and January of every year, file with the department on forms prescribed by the director, a report showing the total gallonage of special fuels used within the state for operations excluding mixed use school bus operations.
    XII, XIII-a. [Repealed.]
    XIV. In all other respects the collection and payment of the road toll imposed in this section shall be governed by the applicable general provisions of this subdivision.
    XV. [Repealed.]
    XVI. Any carrier granted a certificate of public convenience and necessity or public interest permit by the public utilities commission which is entitled to refunds on motor fuels tolls pursuant to the provisions of RSA 260:49 is hereby exempted from the tolls imposed under this section to the same extent and in accordance with the same formula provided for motor fuel refunds under RSA 260:47.
    XVII. [Repealed.]
    XVIII. [Repealed.]

Source. 1923, 75:5. PL 104:7. 1935, 73:8. 1941, 204:3. RL 120:10. 1943, 65:1. 1947, 138:5, 6. 1949, 32:1. RSA 265:22. 1959, 103:1; 266:1. 1963, 300:2. 1965, 355:2. 1967, 426:4. 1973, 530:39. 1977, 376:1; 558:2; 563:83. 1978, 14:3. 1979, 311:1; 358:8, VI, VII, VIII, IX, X; 496:3. 1981, 146:1; 321:10-14, 24, 27-30; 534:2, 7; 568:33. 1983, 269:1-3. 1985, 236:1-6; 383:1. 1986, 17:1; 52:1; 152:1. 1987, 179:6, 7, 9, IV-VII. 1988, 64:9, 15, 18-20. 1990, 10:3; 62:11-16. 1992, 282:10. 1994, 22:1, 2. 1996, 19:6. 1996, 292:26-31, 41, IV-VII. 2001, 121:5, eff. July 1, 2001. 2004, 194:8, eff. July 1, 2004.

Section 260:52-a

260:52-a Refunds to School Districts. – [Repealed 1996, 292:41, VIII, eff. Jan. 1, 1997.]

Section 260:52-b

    260:52-b Refunds to Private School Bus Owners. –
    I. Private school bus owners or school bus lines shall be entitled to a refund of any tolls paid by them when their vehicles are being used exclusively to transport pupils to and from public schools or public school activities by virtue of a contract with a municipality, municipal board, or school board authority to the extent that the amount of tolls paid on motor fuel was used in these activities. No private school bus owners or school bus lines shall be entitled to a refund for an amount less than $10, and no payment of any refund shall be made to any person other than the private school bus owners or school bus lines entitled to it. The entitlement to a refund shall not include a refund on any penalties or interest paid. The application for a refund filed by private school bus owners and school bus lines shall be accompanied by such documentary evidence as the commissioner may require.
    II. All applications for refunds shall be made under penalty of unsworn falsification pursuant to RSA 641:3, and shall be filed with the department no later than the deadline provided under RSA 260:47, III.

Source. 1997, 56:3, eff. July 1, 1997. 2008, 165:4, eff. July 1, 2008.

Section 260:52-c

    260:52-c Notice of Dyed Special Fuel. –
    I. A notice stating ""dyed special fuel, nontaxable use only, penalty for taxable use'' shall be:
       (a) Provided by the distributor to any person who receives dyed special fuel at a terminal rack of the distributor.
       (b) Provided by the seller of dyed special fuel to the buyer, if the fuel is located outside the bulk transfer or terminal system and is not sold from a retail pump posted in accordance with subparagraph (c).
       (c) Posted by a seller on any retail pump where it sells dyed special fuel for use by the buyer.
    II. The notice shall be provided by the time of the removal or sale and shall appear on shipping papers, bills of lading, and invoices accompanying the sale or removal of the fuel.
    III. The department may designate any federal notice provision that is substantially similar to a notice required by this section as satisfying any notice requirement of this section.

Source. 2004, 194:9, eff. July 1, 2004.

Section 260:52-d

    260:52-d Dyed Special Fuel Not to be Used on the Ways of the State. –
    I. A person shall not operate a motor vehicle on the ways of this state if the fuel supply tanks of the vehicle contain dyed special fuel.
    II. A person shall not sell or deliver any dyed special fuel knowing or having reason to know that the fuel will be consumed in a highway use. A person who dispenses dyed special fuel from a retail pump that is not properly labeled with the notice required by RSA 260:52-c, or who knowingly delivers dyed special fuel into the storage tank of such a pump, shall be presumed to know that the fuel will be consumed in a highway use.
    III. A person shall not:
       (a) Import, export, or transport within this state special fuel, other than dyed special fuel, without the license required under RSA 260:36 unless the road toll has been paid on the special fuel.
       (b) Sell or deliver dyed special fuel from a retail pump unless the pump is properly labeled as required by RSA 260:52-c.
    IV. A person who violates any provision of this section commits a violation and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500.
    V. In addition to any penalty provided in paragraph IV, a person who violates paragraph I or III shall be assessed a penalty of $1,000 or $10 per gallon of dyed special fuel involved in the sale, delivery, or consumption, whichever is greater.
    VI. Any person authorized by the department may enter any place where fuels are produced or stored, and may physically inspect any tank, reservoir, or other container that can be used for the production, storage, or transportation of special fuel, special fuel dyes, or special fuel markers. Inspection may also be made of any equipment used for or in connection with the production, storage, or transportation of special fuel, special fuel dyes, or special fuel markers, including any equipment used for the dyeing or marking of special fuel. Books, records, or other documents may be inspected to determine road toll liability. A person authorized by the department may detain a vehicle, vessel, or railroad tank car placed on a customer's siding for use or storage for the purpose of inspecting fuel tanks or fuel storage tanks as necessary to determine the amount and composition of the fuel. A person authorized by the department may take and remove samples of diesel fuel in reasonable quantities necessary to determine the composition of the fuel.
    VII. A person that refuses to allow an inspection authorized by this section commits a violation and shall, upon conviction, be sentenced to pay a fine of $1,000 for each refusal.

Source. 2004, 194:9, eff. July 1, 2004.

Section 260:52-e

    260:52-e Refunds to Eligible Nonprofit Corporations. –
    I. Eligible nonprofit corporations whose vehicles are registered in accordance with RSA 261:92 shall be entitled to a refund of any tolls paid by them to the extent that their vehicles are being used exclusively for the transportation of elderly or disabled persons by virtue of a contract with the department of transportation. No eligible nonprofit corporation shall be entitled to a refund for an amount less than $10, and no payment of any refund shall be made to any person other than the eligible nonprofit corporation. The entitlement to a refund shall not include a refund on any penalties or interest paid. The application for a refund filed by an eligible nonprofit corporation shall be accompanied by such documentary evidence as the commissioner may require.
    II. All applications for refunds shall be made under penalty of unsworn falsification pursuant to RSA 641:3, and shall be filed with the road toll administration no later than the deadline provided under RSA 260:47, III, and the records of such applicants shall be open to audit by the department at any time.

Source. 2005, 203:5, eff. July 1, 2005. 2008, 165:5, eff. July 1, 2008.

Section 260:52-f

    260:52-f Biodiesel Not Meeting ASTM Fuel Quality Standards Not to be Sold in the State. –
    I. A person shall not sell or deliver biodiesel or biodiesel blend in this state that does not meet the ASTM standard as defined in RSA 259:6-a.
    II. A person who violates paragraph I of this section commits a violation and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500.
    III. In addition to any fine provided in paragraph II, a person who violates paragraph I shall be assessed a penalty of $1,000 or $10 per gallon of biodiesel or biodiesel blends involved in the sale or delivery, whichever is greater.
    IV. Upon conviction, a person who violates paragraph I of this section shall be ordered by the court to pay the costs associated with testing to determine ASTM standard as defined by RSA 259:6-a.
    V. Any person authorized by the department may enter any place where fuels are produced or stored, and may physically inspect any tank, reservoir, or other container that can be used for the production, storage, or transportation of biodiesel or biodiesel blends. Inspection may also be made of any equipment used for or in connection with the production, storage, or transportation of biodiesel or biodiesel blends. A person authorized by the department may detain a vehicle, vessel, or railroad tank car placed on a customer's siding for use or storage for the purpose of inspecting fuel tanks or fuel storage tanks as necessary to determine the amount and composition of the fuel. A person authorized by the department may take and remove samples of biodiesel, either pure or blended with petroleum diesel, in reasonable quantities necessary to determine the composition of the fuel.
    VI. A person who refuses to allow an inspection authorized by this section commits a violation and shall, upon conviction, be sentenced to pay a fine of $1,000 for each refusal.

Source. 2008, 381:3, eff. Jan. 1, 2009.

Section 260:53

260:53 Additional Tax, Toll and Other Fees Levied by Other States. – [Repealed 1985, 383:2, eff. July 1, 1985.]

Section 260:54

260:54 Special Fuel User's Bond. – [Repealed 1996, 292:41, IX, eff. Jan. 1, 1997.]

Section 260:54-a

260:54-a Power to Suspend or Revoke Licenses. – If a special fuel user at any time files a false quarterly report of the data or information required by this subdivision or willfully fails, neglects, or refuses to file the quarterly or annual report or to pay the full amount of the road toll as required by this subdivision, the commissioner, after 10 days' written notice by certified mail directed to the last known address of the user appearing on the files of the department fixing a time and place at which the user may appear and show cause why the license should not be suspended or revoked, may suspend or revoke the license of the user and shall notify the user in writing of the suspension or revocation by certified mail to the last known address of the user. Any user whose license shall have been suspended or revoked by the commissioner may, within 30 days from the date of the suspension or revocation, make application in the nature of an appeal to the superior court.

Source. 1983, 269:4. 1988, 64:12. 1994, 22:2. 1996, 292:32, eff. Jan. 1, 1997.

Section 260:55

    260:55 Penalties. –
    I. (a) The term ""person,'' as used in this section, shall include, but not be limited to, a natural person, a corporation, a limited liability company, a partnership, a professional association, an officer or employee of a corporation, a member, officer, or employee of a partnership, or a trustee, member, or employee of a trust who as such trustee, member, or employee is under a duty either to perform or to refrain from performing the act with respect to which the violation occurs. This section shall apply to persons acting in any fiduciary capacity.
       (b) The term ""wilfully,'' as used in this section, shall have the same meaning as provided in RSA 626:2, IV.
    II. With respect to any road toll, penalty, or interest imposed by this subdivision, no person shall:
       (a) Wilfully attempt in any manner to evade any tax or the payment thereof.
       (b) Wilfully fail to collect, truthfully account for, and pay over any road toll, penalty, or interest which such person is required to collect, account for, and pay over to the department.
       (c) Wilfully fail to make a return, report, or declaration, to keep records, or to supply any information, which such person is required to do under this subdivision or under rules adopted under authority of this subdivision, to make such return, report, or declaration, to keep such records, or to supply such information, at the time or times required by statute or rules.
       (d) Make and submit to the department any return, report, statement, or other document, that is incomplete due to wilful omissions.
       (e) Wilfully make and submit to the department any return, report, statement, or other document that he or she does not believe to be true and correct as to every material matter.
       (f) Aid or assist in, or procure, counsel, or advise the preparation of or presentation under, or in connection with any matter arising with respect to the road tolls imposed under this subdivision, a return, affidavit, claim, or other document, which the person knows is fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge and consent of the person authorized or required to present such return, affidavit, claim, or document.
       (g) Wilfully simulate, or falsely or fraudulently execute or sign, any bond, license, permit, or other document required by the department with respect to motor fuel laws, or by any rule adopted relative to such laws, or wilfully procure such documents to be falsely or fraudulently executed or advise, aid in, or connive at such execution.
       (h) Wilfully remove, deposit, or conceal, or direct the removing, depositing, or concealing of any goods, chattels, or commodities for, or in respect to, any road toll which is or is to be imposed, or any property upon which levy is authorized by law, with intent to evade the assessment or collection of any road toll, penalty, or interest.
       (i) Wilfully deliver or disclose to the department any list, return, account, statement, declaration, or other document, known by him or her to be fraudulent or to be false as to any material matter.
       (j) Wilfully corrupt or by force or threat of force, including any threatening letter or communication, endeavor to obstruct or impede an officer or employee of the state acting in an official capacity under this subdivision, or in any other way corrupt or by force or threats of force, including any threatening letter or communication, obstruct or impede, or endeavor to obstruct or impede, the due administration of any tax administered by the department. The term ""threats of force,'' as used in this subparagraph, means threats of bodily harm to the officer or employee of the department or to a member of his or her family.
       (k) Wilfully accepts delivery of motor fuel upon which the road tolls have not been paid, unless such motor fuel is exempt under the law from the payment of road tolls.
    III. (a) Any natural person who violates subparagraph II(a), (b), (e), (f), or (j) shall be guilty of a class B felony and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2. Any other person who violates subparagraph II(a), (b), (e), (f), or (j) shall be guilty of a felony and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2.
       (b) Any natural person who violates subparagraph II(c), (d), (g), (h), (i), or (k) shall be guilty of a misdemeanor and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2. Any other person who violates subparagraph II(c), (d), (g), (h), (i), or (k) shall be guilty of a misdemeanor and shall be fined as provided in paragraph IV and subject to the penalties provided in RSA 651:2.
    IV. In addition to any penalties provided in RSA 651:2, any person convicted under this section shall be subject to a criminal penalty of at least 10 percent, but not more than 30 percent, of the outstanding road toll.
    V. The motor fuel licenses issued to any distributor by the department shall be revoked upon the conviction of the distributor of any crime under this section. Such convicted distributors shall be ineligible to renew or obtain any motor fuel license issued by the department for a period of at least 5 years from the date of conviction.

Source. 1943, 65:1. RSA 265:24. 1967, 426:7. 1973, 528:149. 1981, 146:1, eff. Jan. 1, 1982. 2004, 194:10, eff. July 1, 2004.

Section 260:56

    260:56 Furnishing of Information. –
    I. The department shall, upon request duly received from the officials to whom are entrusted the enforcement of the motor fuel tax laws of any other state, forward to such officials any information which the department may have in its possession relative to the sale, transportation, or shipment by any person of motor fuel into the other state.
    II. The department upon request shall furnish information to any person as to the total gallonage of motor fuel imported, produced, exported, or sold for use in the state together with the total amount of road toll paid, by any distributor or user during any month.
    III. The commissioner shall, upon written request duly received from the commissioner of the department of revenue administration, forward any road toll information pertaining to persons that are subject to taxes administered by the department of revenue administration.

Source. 1943, 65:1. RSA 265:25. 1981, 146:1. 1996, 292:33, eff. Jan. 1, 1997. 2008, 165:6, eff. July 1, 2008.

Section 260:56-a

260:56-a Memorandum of Understanding. – Notwithstanding RSA 21-J:14, the commissioner and the commissioner of the department of revenue administration are authorized to enter into a memorandum of understanding to facilitate the sharing of road toll information relative to persons liable for motor fuel distributor tolls and oil pollution and control fees and to reduce the duplication of auditing effort as much as practicable.

Source. 2008, 165:7, eff. July 1, 2008.

Section 260:57

260:57 Rules. – The commissioner shall adopt pursuant to RSA 260:5 and publish all rules necessary for the enforcement of this subdivision.

Source. 1943, 65:1. RSA 265:26. 1981, 146:1. 1988, 288:5. 1994, 22:2. 1996, 292:33, eff. Jan. 1, 1997.

Section 260:58

260:58 Auxiliary Tanks. – [Repealed 1997, 252:5, II, eff. Aug. 18, 1997.]

Section 260:59

260:59 Disposal of Revenue. – All revenue from the motor vehicle road toll law, after paying the expense of collection, is to be disposed of in like manner as the revenue from the registration fees of motor vehicles, except as provided in the following sections.

Source. 1943, 65:4. RSA 265:28. 1979, 298:2. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:60

260:60 Exception. – Notwithstanding all other laws and rules to the contrary, annually, on or before June 1, the road toll administrator shall compare the number of gallons on which refunds have been made for the preceding calendar year for motor fuel used in the propulsion of boats on inland public waters of the state, with the number of gallons of such motor fuel sold and delivered directly into the fuel tanks, or supplementary fuel tanks, of boats or outboard motors upon the inland public waters for use in such boats or outboards, based on the number of boats registered in the state at 100 gallons usage per boat, and if there is any balance of unrefunded tolls so collected, the administrator shall report the same to the comptroller who shall, on July 1, next following, credit 1/2 of said balance to the general fund and credit 1/2 of said balance to the fish and game department. The funds credited to the fish and game department shall be used by said department to carry out its program and be accounted for as the fish and game fund is accounted for. Any funds credited to the fish and game department as above provided shall not lapse at the end of the fiscal year. The department shall pay monthly to the state treasurer all revenue from the aircraft landing area toll.

Source. 1943, 65:4. 1947, 292:1. RSA 265:29. 1961, 166:3. 1967, 402:1. 1981, 146:1. 1987, 179:8. 1996, 68:1. 1997, 210:2. 1998, 324:2, eff. July 1, 1999. 2008, 120:23, eff. Aug. 2, 2008.

Section 260:61

    260:61 Credit Provided; Liability Insurance. –
    I. Annually, on or before June 30, the comptroller shall transfer, from road tolls collected, an amount equal to the number of licensed OHRVs and snowmobiles for the previous year times the average number of gallons consumed per year per OHRV and snowmobile times the gasoline road toll imposed under RSA 260:32, less any amount refunded for OHRV and snowmobile use for the previous year, to the fish and game department and the bureau of trails as follows. The road toll administrator shall report to the comptroller if there is a balance of unrefunded road tolls collected. The administrator shall certify the amount to the comptroller who shall credit 1/2 of such balance to the bureau of trails for use as provided in paragraph I-a, and 1/2 of such balance to the fish and game department. For the purposes of this section, ""the average number of gallons consumed per year per OHRV or snowmobile'' is 100.
    I-a. The bureau shall use 66 2/3 percent of the amount credited for grants under its grant-in-aid program, and 33 1/3 percent for general operating expenses and expenses incurred in administering and supervising the grant-in-aid program. Any balances in the funds hereby transferred shall not lapse at the end of the fiscal year but shall remain in the OHRV and snowmobile fund.
    II. The bureau's grant-in-aid program shall bear the expenses of the following:
       (a) A liability insurance policy for the benefit of landowners who allow riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1, to use their property, and
       (b) A liability insurance policy for the benefit of landowners who lease their land to the state of New Hampshire for use by riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1.

Source. RSA 265:29-a. 1979, 298:1. 1981, 146:1. 1983, 449:29. 1993, 320:1. 2002, 233:17, eff. July 1, 2002. 2005, 210:44, eff. July 1, 2006. 2007, 375:1, eff. July 1, 2007. 2008, 120:24, eff. Aug. 2, 2008.

Section 260:62

260:62 Reports. – [Repealed 1989, 305:20, eff. July 1, 1989.]

Section 260:63

    260:63 Statutory Lien Powers. –
    I. Where any road toll or other fees or charges imposed under this subdivision or any fees or charges imposed under the fuel tax agreement authorized by RSA 260:65-b or any fees or charges imposed under the international registration plan in RSA 260:75 are not paid and are due as prescribed by this subdivision or by RSA 260:65-b or RSA 260:75, the amount including interest, together with the costs that may accrue in addition thereto, shall become a lien in favor of the state of New Hampshire upon all property and rights to property, whether real or personal, including vehicles belonging to any person upon whom said tolls, fees, or charges are imposed, as follows:
       (a) The lien shall arise at the time the tolls, fees, or charges are due pursuant to this subdivision or RSA 260:65-b or RSA 260:75 and shall continue until the liability for the sum, together with interest and costs, is satisfied or becomes unenforceable.
       (b) The lien shall be valid against any subsequent mortgagee, pledgee, installment loan creditor, purchaser, or judgment creditor when notice of the lien and the sum due has been filed by the road toll administration as provided in this section. In the case of any prior mortgage on real or personal property so written as to secure present debt and also future advances by the mortgagee to the mortgagor, the lien provided for in this section, when notice thereof has been filed in the proper office, shall be subject to such prior mortgage unless the road toll administration also notifies the mortgagee of the recording of such lien in writing, in which case any indebtedness thereafter created from mortgagor to mortgagee shall be junior to the lien provided for in this section.
       (c) Notice of the lien shall be provided to the person upon whom the road toll or fees are imposed by certified mail sent to the person's last known residence or principal place of business as shown on the records of the department. The notice shall advise the person of the right to seek an administrative hearing pursuant to RSA 260:44 relative to the imposition of road tolls or fees, or fees and charges under the fuel tax agreement, or fees and charges under the international registration plan, within 14 days of the receipt of the notice. Upon expiration of 14 days if no hearing is requested or after a hearing if a hearing is requested, the commissioner shall issue a decision determining the amount of road tolls or fees, or fees and charges under the fuel tax agreement, or fees and charges under the international registration plan, plus interest and costs due to the state.
    II. After rendering a decision the commissioner shall file notice of the lien as follows:
       (a) In the case of personal property subject to the lien, the notice shall be filed with the secretary of state;
       (b) In the case of real property subject to the lien, notice shall be filed in the registry of deeds for the county wherein such property is situated;
       (c) In the case of vehicles subject to the lien, notice shall be recorded on the registration and title records of the department pertaining to said vehicles. In the case of vehicles registered in another state or a Canadian province, a copy of the lien shall also be filed with the motor vehicle administrator in the state or province in which the vehicle is registered. Law enforcement agents of the department, upon encountering such a vehicle being operated on the ways of the state, may temporarily seize such vehicle for sufficient time to permit the department to institute appropriate civil action for the forfeiture and sale of said vehicle.
    III. If the amount determined by the commissioner is not paid within 30 days or the decision of the commissioner is not appealed pursuant to RSA 260:51, the department shall have the authority to seize any real or personal property including vehicles subject to the above lien and to foreclosure upon the lien as provided in RSA 260:65.
    IV. The fees payable for filing or recording any notice of lien under paragraph II or any certificate of release of such a lien in the same offices shall be in accordance with RSA 478:17-g.

Source. RSA 265:31. 1979, 358:8, XII. 1981, 146:1. 1994, 22:2. 1996, 292:34, 35. 2001, 102:28, 29, eff. July 1, 2001. 2005, 106:1, eff. Jan. 1, 2006.

Section 260:64

    260:64 Release of Lien. – The road toll administrator shall issue and record a certificate of release of the lien if:
    I. The commissioner finds that the liability for the amount assessed together with interest and costs, has been satisfied; or
    II. There is furnished to the department a bond with surety approved by the commissioner in a penal sum sufficient to equal the sum assessed together with interest and costs, said bond to be conditioned upon the payment of the tolls and fees plus interest and costs determined to be due as herein provided.

Source. RSA 265:32. 1979, 358:8, XII. 1981, 146:1. 1994, 22:2, eff. June 21, 1994.

Section 260:65

260:65 Foreclosure of Lien. – The lien provided for by RSA 260:63 may be foreclosed in the case of real estate in accordance with the provisions of law relating to foreclosure of mortgages on real estate, and in the case of personal property, agreeably with the provisions of RSA 382-A, Article 9.

Source. RSA 265:33. 1979, 358:8, XII. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:65-a

260:65-a Uncollectible Accounts. – The commissioner of administrative services, upon recommendation of the commissioner, may write off uncollectible accounts receivable of the road toll administration as bad debts and shall report to the state treasurer annually by September 1 all accounts which have been placed in this category. Whenever the road toll administration shall collect an account which has been previously written off as an account receivable, such collection shall be recorded in a manner to reflect its recovery and such appropriate accounting entries as the commissioner of administrative services may direct shall be made.

Source. 1981, 321:32. 1985, 399:3, I, eff. July 1, 1985.

Fuel Tax Agreement

Section 260:65-b

260:65-b Fuel Tax Agreement Authorized. – The commissioner is hereby authorized, pursuant to RSA 21-P:14, VI, to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a multi-jurisdictional fuel tax agreement. The commissioner may adopt such rules as are necessary to enforce the terms of this agreement, which shall be exempt from the provisions of RSA 541-A and shall have the effect of law, and which shall provide for each of the member states to collect fuel taxes and perform audits on behalf of the other member states. Nothing in this section shall be construed to authorize the adoption of rules which alter any existing or establish any new taxes, fees, penalties, or interest charges; provided, however, that the rules may include taxes, fees, penalties, or interest charges which are otherwise provided for by the laws of this state.

Source. 1983, 281:1. 1990, 190:3. 1996, 292:37, eff. June 10, 1996.

Section 260:65-c

    260:65-c Entry Into Compact and Withdrawal. –
    I. Entry into the compact shall be made by a resolution of ratification executed by the commissioner and submitted to the repository for balloting by member jurisdictions, and shall become effective no sooner than 2 complete calendar quarters after approval of the application unless the commissioner and all current members agree to an earlier effective date which shall be stated in the adopting resolution.
    II. The commissioner may withdraw from the compact by official written notice to all member jurisdictions, but a withdrawal shall not take place until at least 2 full calendar quarters after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction, and the commissioner shall also notify each licensee of the withdrawal at least one full calendar quarter prior to the withdrawal.
    III. [Repealed.]

Source. 1983, 281:1. 1996, 292:38, 41, XI, eff. June 10, 1996.

Section 260:65-d

260:65-d Regional Fuel Tax Agreement. – [Repealed 1990, 190:4.]

Section 260:65-e

260:65-e Hearing on Fees and Charges. – Any person who wishes to dispute fees or charges against him or her by the state under this subdivision shall be entitled to a hearing before the commissioner or his or her designee in accordance with the hearing process established by RSA 260:44, II, which shall be liberally construed so as to also apply to this subdivision.

Source. 2005, 106:2, eff. Jan. 1, 2006.

Taxation of Motor Fuels Consumed by Interstate Buses

Section 260:66

260:66 Compact. – [Repealed 1996, 292:41, X, eff. Jan. 1, 1997.]

Actions Against Operators

Section 260:67

260:67 Director Their Attorney. – Any person who himself or by his servants or agents drives a vehicle upon the ways of the state shall thereby be deemed to have appointed the director, or his successor in office, his true and lawful attorney upon whom may be served all lawful process in any action or proceeding against him, growing out of any accident or collision in which he or they may be involved while driving on such ways or elsewhere in the state. Any process against such person so served shall be of the same legal force and validity as if served on him personally; provided, however, that this section shall not apply to a resident unless after an accident he shall have removed from the state.

Source. 1925, 106:1. PL 100:32. 1933, 104:1. 1937, 48:1. RL 116:42. RSA 264:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:68

260:68 Service of Process. – Service of such process shall be made by leaving a copy thereof with a fee of $2 in the hands of the director or in his office, and such service shall be sufficient, provided that notice thereof and a copy of the process are forthwith sent by registered mail by the plaintiff or his attorney to the defendant, and the defendant's return receipt and the affidavit of the plaintiff or his attorney with compliance therewith are appended to the writ and entered therewith. In the event that the notice and copy of process are not delivered to the defendant the superior court may order such additional notice, if any, as justice may require. In the event that the notice and copy of process cannot be delivered to the defendant because he was deceased at the time of the accident or thereafter, the notice and copy of process shall be sent to the executor or administrator of the deceased defendant's estate, if one has been appointed. If no executor or administrator has been appointed, the plaintiff may petition the superior court for the appointment of a guardian ad litem for such deceased defendant, and upon appointment of such guardian ad litem, the notice and copy of process shall be sent to such guardian ad litem.

Source. 1925, 106:1. PL 100:33. 1929, 73:1. 1933, 104:2. 1941, 156:1. RL 116:43. RSA 264:2. 1967, 268:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:69

260:69 Record of Processes. – The director shall keep a record of all such processes, which shall show the day and hour of service.

Source. 1925, 106:1. PL 100:34. RL 116:44. RSA 264:3. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:70

260:70 Continuance of Action; Costs. – The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee of $2 paid to the director by the plaintiff at the time of the service shall be taxed in his costs if he prevails in his suit.

Source. 1925, 106:1. PL 100:35. RL 116:45. RSA 264:4. 1981, 146:1, eff. Jan. 1, 1982.

Section 260:70-a

    260:70-a Service of Process on Owners and Lessees. –
    I. Notwithstanding the provisions of RSA 594:10 and RSA 594:14, a summons may be served on the owner or lessee of any truck, tractor, or semi-trailer operated in violation of the size, weight, equipment, or commercial vehicle rules in this title by delivering said summons in hand to any person driving said vehicle. The driving of such vehicle with the express or implied consent of such owner or user shall be deemed equivalent to an appointment by such owner or user of the driver to be his true and lawful agent upon whom may be served such summons in any action against him arising out of a violation of this title.
    II. If a corporation or other legal entity, after being duly served with process, fails to appear before a court of competent jurisdiction and to answer to an indictment or complaint brought against it under this title, its default shall be recorded, the charges in the indictment or complaint taken to be true, and judgment rendered accordingly. Upon the rendering of such judgment, the court may issue a warrant of distress to compel payment of the penalty prescribed by law.

Source. 1981, 479:17, eff. Jan. 1, 1982, at 12:01 a.m.

Application and Interpretation

Section 260:71

260:71 Added Application. – The provisions of this title, unless otherwise provided, shall be construed to include vehicle driving on ways provided and maintained by public institutions, to which state funds are appropriated, for public use.

Source. RSA 262:44. 1965, 274:2. 1981, 146:1, eff. Jan. 1, 1982.

Laws Applicable on Government Land

Section 260:72

260:72 Highways on Government-Owned Land. – All provisions of laws and city or town ordinances relating to vehicles shall be in force on any way, or any street, road or public passageway for vehicles established by the United States of America, located on land in this state owned in the name of the United States of America, or any department or agency thereof, in which the state of New Hampshire, or a political subdivision thereof, has retained its civil and criminal jurisdiction or concurrent civil and criminal jurisdiction on such land.

Source. RSA 263:83. 1955, 90:1. 1981, 146:1, eff. Jan. 1, 1982.

International Registration Plan

Section 260:73

260:73 International Registration Plan Authorized. – The commissioner is hereby authorized to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a multi-jurisdictional commercial vehicle registration proration agreement, to be known as the international registration plan (IRP). The commissioner may adopt, pursuant to RSA 541-A, such rules as are necessary to enforce the provisions of the agreement, which shall have the effect of law, and which shall provide for each of the member states to collect registration fees and perform audits on behalf of the other member states.

Source. 1985, 146:2, eff. July 19, 1985.

Section 260:74

260:74 Transitional Provisions. – The commissioner is authorized to transfer appropriations, personnel and equipment between program appropriation units of the division, the data processing section in the administration and support section as required for efficient and effective implementation of this subdivision and if funds adequate for the implementation of this subdivision are not appropriated he may request from the legislative fiscal committee and the governor and council authority to transfer from the highway fund such amounts, not otherwise appropriated, as may be required to support the implementation of this subdivision.

Source. 1985, 146:2, eff. July 19, 1985.

Section 260:75

260:75 International Registration Plan. – The IRP referred to in this subdivision shall take substantially the following form:

Article I. Purpose and Principle

    A. This reciprocal agreement shall be referred to, cited and known as the International Registration Plan.
    B. It is the purpose of this agreement to promote and encourage the fullest possible use of the highway system by authorizing the proportional registration of fleets of vehicles, and the recognition of vehicles proportionately registered in other jurisdictions, thus contributing to the economic and social development and growth of the jurisdictions.
    C. It is the purpose of this agreement to implement the concept of one registration plate for one vehicle.
    D. It is the purpose of this agreement to grant exemptions from payment of certain fees when such grants are reciprocal.
    E. It is the purpose of this agreement to grant reciprocity to proportionally registered fleets of vehicles, and to provide for the continuance of reciprocity granted to those vehicles that are not eligible for proportional registration under the terms of this agreement.

Article II. Definitions

    A. ""Apportionable fee'' means any periodic recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license or weight fees.
    B. ""Apportionable vehicle'' means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pick up and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in 2 or more member jurisdictions that allocate or proportionately register a vehicle used for the transportation of persons for hire or designed, used or maintained primarily for the transportation of property and:
       1. Is a power unit having a gross vehicle weight in excess of 26,000 pounds; or
       2. Is a power unit having 3 or more axles, regardless of weight; or
       3. Is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and 2 axle vehicles may be proportionately registered at the option of the registrant.
    C. 1. ""Base jurisdiction'' means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleet are maintained or can be made available in accordance with the provisions of Article XIV. A. 2.
       2. Registrants based in any jurisdiction not a member of this agreement, and who have been licensing vehicles in any member jurisdiction under basing point, allocation or proration, may declare the member jurisdiction where the most miles have been operated as a base jurisdiction for purposes of this agreement until such time as the registrant's base jurisdiction becomes a member of this agreement.
       3. Household goods carriers using equipment leased from service representatives may elect, with respect to such equipment, to base such equipment in the base jurisdiction of the service representative, or that of the carrier. For equipment owned and operated by owner-operators, other than service representatives, and used exclusively to transport cargo for the household goods carrier, the equipment shall be registered by the carrier in the base jurisdiction of the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the apportionment of fees according to the records of the carrier.
    D. 1. ""Base plate'' means the plate issued by the base jurisdiction and shall be the only registration identification plate issued for the vehicle by any member jurisdiction.
       2. Base plates shall be identified by having the word ""Apportioned'' and the jurisdiction's name on the plate. The numbering system and color shall be determined by the issuing jurisdiction.
    E. ""Commissioner'' means the jurisdiction official in charge of registration of vehicles.
    F. ""Fleet'' means one or more apportionable vehicles.
    G. ""In-jurisdiction miles'' means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. In those cases where the registrant operated a fleet of proportionately registered vehicles in jurisdictions that require no apportionment and grant reciprocity, the base jurisdiction may add such miles to the in-jurisdiction miles.
    H. ""Jurisdiction'' means a state, territory or possession of the United States, the District of Columbia, or a state or province of a country.
    I. ""Operational records'' means documents supporting miles traveled in each jurisdiction and total miles traveled such as fuel reports, trip sheets and logs.
    J. ""Preceding year'' means the period of 12 consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration of license year for which proportional registration is sought.
    K. ""Reciprocity'' means that an apportionable vehicle properly registered hereunder shall be exempt from further registration by any other member jurisdiction.
    L. ""Recreational vehicle'' as used in this agreement is one used for personal pleasure or travel by an individual or his family.
    M. ""Registrant'' means a person, firm or corporation in whose name or names a vehicle is properly registered.
    N. ""Registration year'' means a 12-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
    O. ""Restricted plate'' means one that has time (less than a registration year), geographic area, mileage or commodity restrictions.
    P. ""Service representative'' means one who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.
    Q. ""Total miles'' means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.
    R. ""Chartered party'' means a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the Interstate Commerce Commission, have acquired the exclusive use of a passenger carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.

Article III. Fees for Proportional Registration

    A. The registration fee for apportionable vehicles shall be determined as follows:
       1. Divide the in-jurisdiction miles by total miles generated during the preceding year.
       2. Determine the total fees required under the laws of each jurisdiction for full registration of each vehicle at the regular annual or applicable fees, or for the unexpired portion of the registration year.
       3. Multiply the sum obtained in paragraph 2 of this section by the quotient obtained under paragraph 1 of this section.
    B. This agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operations of vehicles other than the apportionable fees as defined herein. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws thereof.

Article IV. Application for Proportional Registration

    A. 1. An applicant for proportional registration shall file a uniform application with the commissioner of the base jurisdiction in lieu of registration under other applicable statutes.
       2. Whenever the base jurisdiction of a registrant changes as a result of the conditions described in Article II. C. 2, the re-registration of the registrant in the new jurisdiction shall be accomplished through orderly and equitable procedures to be established by the commissioners of the 2 jurisdictions involved.
    B. Applications for proportional registrations shall be filed on a date as determined by the base jurisdiction. Every application for proportional registration shall, at the time and in the manner required by the commissioner, be supported by the payment of the registration fees in the amount determined in Article III, provided, however, the commissioner may, by rule, postpone payment of fees until after the commissioner has computed the fees due.
    C. The applicant for proportional registration of trailers, semi-trailers, and auxiliary axles shall use the application form for such vehicles and the apportionment of registration fees shall be computed by using the same factor determined by in-jurisdiction and total miles in Article III and this shall be applied to the registration fee. Jurisdictions may waive trailer, semi-trailer and auxiliary axle apportionment. Jurisdictions requiring proportional registration of trailers, semi-trailers and auxiliary axles shall provide for such requirements by filing an exception as described in Article XVII.
    D. 1. The application shall contain the number of power units, number of trailers, semi-trailers and auxiliary axles, with such vehicle description as may be required by the jurisdictions concerned and a uniform mileage schedule.
       2. The base jurisdiction, after receiving its proportionate fees, shall supply the necessary identification plates and prepare cab cards, listing on the front of the cab cards the jurisdictions where the vehicles are proportionately registered, the weight for which registered and other necessary information in each of the jurisdictions. The base jurisdiction may, in its discretion, withhold issuing plates and cards until it has received evidence of payment due other member jurisdictions.
       3. The base jurisdiction shall notify the other declared jurisdictions that a proportional registration application has been filed, and shall furnish the declared jurisdiction a uniform mileage schedule.
       4. All plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid.
       5. The base jurisdiction shall cooperate with other declared jurisdictions in connection with applications and fees paid.
    E. In those cases where household goods carrier equipment is elected to be registered in the base jurisdiction of the service representative, the equipment shall be registered in said service representative's name and that of the carrier as lessee with the apportionment of fees according to the combined records of the service representative and those of the carrier, and such records must be kept or made available in the service representative's base jurisdiction. If the election is the base jurisdiction of the carrier, and such jurisdiction is a member jurisdiction, the equipment shall be registered by and in the name of the carrier and that of the service representative as lessor with the apportionment of fees according to the records of the carrier and the service representative, which must include intrastate miles operated by those vehicles applicable under this agreement, and the records must be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.

Article V. Registration of Apportionable Vehicles

    A. The commissioner of the base jurisdiction shall register apportionable vehicles upon application and payment of the registration fees as provided in Articles III and IV. Payment of additional fees for each vehicle so registered may be required by the commissioner of the base jurisdiction, in an amount provided by statute or regulation of the base jurisdiction for issuance of a plate. A registration card shall be issued, which should list the jurisdictions in which the vehicle has been apportioned, the weight and classification of fee for which registered according to the applications and payments furnished by the applicant. Such registration card shall be carried in or upon the vehicle for which it has been issued at all times.
    B. Vehicles registered as provided in section A of this Article shall be deemed fully registered in all jurisdictions where proportionately registered for any type of movement or operation provided the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.
    C. There shall be no minimum vehicle fees for any apportionable vehicle, except those statutory fees for issuance of identifications or filings of applications.
    D. Registrants shall register all owner-operated vehicles on the basis of the registrant's (lessee's) mileage figures for the preceding year.

Article VI. Registration of Additional Fleet Vehicles

A. Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the mileage percentage used in the original application for such fleet for such registration period to the regular registration fees due with respect to such vehicles for the remainder of the registration year.
B. All applications for additional fleet vehicles shall be filed and processed in the same manner as the original application.

Article VII. Withdrawal, Credits, Replacement Vehicles and Accounting

A. If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant of such fleet shall so notify the commissioner on appropriate forms provided by the commissioner. The commissioner shall require the registrant to surrender the cab card and identification plates to the base jurisdiction with respect to any such vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold or otherwise completely removed from the service of the registrant, the unused portion of the fees paid with respect to such vehicle, where permitted by statute, shall be refunded by each jurisdiction or be applied against liability of such registrant for subsequent additions to such fleet during such registration year or for additional fees upon audit.
B. If the registrant is replacing a vehicle for one withdrawn from the fleet and such vehicle is of the same weight category as that replaced, the registrant shall file a supplemental application with the base jurisdiction. The base jurisdiction shall, in accordance with provisions in Article VI. B., issue a new cab card and transfer the identification plates to the new vehicle. When a replaced vehicle is of greater weight or requires a larger registration fee, the registrant shall file the re-registration with the base jurisdiction in a manner set forth in Article VI for the registration of additional fleet vehicles.

Article VIII. New Operations

A. Initial applications for proportional registrations shall state the mileage data in all jurisdictions for the preceding year with respect to such vehicle or vehicles. If no operations were conducted with such vehicle or vehicles during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each of the jurisdictions. The registrant shall determine the in-jurisdiction and total mileage to be used in computing the proportional registration fee for the vehicle or vehicles. The base jurisdiction commissioner may adjust the estimate in the application if the base jurisdiction commissioner is not satisfied with its correctness.

Article IX. Registration of Owner-Operator Vehicles

    A. Proportional registration for owner-operators who lease their vehicles to motor carriers on a long term basis shall be accomplished as follows:
       1. The lessee shall be the registrant and the vehicle shall be registered by the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the allocations of fees according to the records of the carrier.
       2. The identification plates and cab cards shall be the property of the lessee.
       3. Should an owner-operator leave the fleet of the lessee, the lessee may proceed in accordance with Article VII.
    B. Vehicles of owner-operators that are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the jurisdiction in which the vehicle is being operated shall be subject to the trip permit requirement as set forth in Article XII.
    C. Each jurisdiction shall provide a means of registration for owner-operators not operating as a lessor. Such registrations shall be restricted plate or permit issued for a minimum fee and for a registered gross weight not in excess of the empty weight of the vehicle.

Article X. Trip Leasing

The lessee, except as provided for service representatives in Article II. C., is responsible for the proper registration of the vehicle, except that an apportioned operator may lease equipment to another apportioned fleet operator and the lessor shall be responsible for reporting on the proportional application the miles traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement. The leased vehicle must bear proportional credentials and be operated only in the jurisdictions to which fees have been paid or a trip permit will be required. The service representative in Article II. C. shall also have the same responsibility for qualifying his vehicles.

Article XI. Registration of Rental Vehicles

    A. In this Article:
       1. ""Rental owner'' means an owner principally engaged, with respect to one or more rental fleets, in renting to others or offering for rental the vehicles of such fleets, without drivers.
       2. ""Rental fleet'' means 5 or more vehicles which are rented or offered for rental without drivers, and which are designated by rental owners as a rental fleet.
       3. ""Rental vehicle'' means a vehicle of a rental fleet.
       4. ""Renting and leasing'' means the giving of possession and control of the vehicle for valuable consideration for a specified period of time.
       5. ""Rental transaction'' for the rental of a vehicle shall be deemed to occur in the jurisdiction where such vehicle first comes into possession of the user.
    B. Rental fleets owned by any person or firm engaged in the business of renting such vehicles shall be extended full interstate and intrastate privileges, provided that:
       1. Such vehicles are part of a rental fleet which are identifiable as being part of such fleet; and
       2. Such person or firm has received approval from the jurisdiction to apportion such rental fleet; and
       3. Such person or firm registers the vehicles as described below:
          a. Trucks and truck-tractors. In accordance with Articles III, IV, V, VI, and VII of this agreement.
          b. Rental passenger cars. Divide the gross revenue received in the preceding year for use of such rental vehicles arising from passenger car rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from passenger car rental transactions occurring in all jurisdictions in which such vehicles were operated. The resulting percentage shall be applied to the total number of passenger cars in the fleet and that figure shall be the number of rental passenger cars that shall be fully registered in the jurisdiction.
          c. Trailers and semi-trailers. Trailers and semi-trailers not in separate pool fleets and used in normal tractor-trailer operations shall be licensed according to Article IV. C. Where required, trailers and semi-trailers over 6,000 pounds gross vehicle weight and used solely in pool fleets shall be licensed by dividing the gross revenue received in the preceding year for the use of such rental vehicles arising from rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from rental transactions in all jurisdictions. The resulting percentage shall be applied to the number of units in such fleet.
          d. Utility trailers. Every owner of utility trailers of 6,000 pounds gross vehicle weight and under engaged in the business of renting such trailers for use in a jurisdiction shall register a number of trailers equal to the average number of such trailers in or through the jurisdiction during the preceding year.
          e. One-way vehicle. Trucks of less than 26,000 pounds gross vehicle weight operated as part of an identifiable one-way fleet will allocate vehicles to the respective jurisdictions based on the mileage factor procedure in Article III and fully plate said allocated vehicles in such jurisdiction. All trucks of such one-way fleets so qualified will be allowed to perform both interstate and intrastate movements in all jurisdictions.

Article XII. Trip Permit Registration

    A. Trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.
    B. A person desiring a trip permit registration shall make application therefor on forms provided by the commissioner. Every such application shall be accompanied by the required fee. Every trip permit shall be carried in the cab of the vehicle for which such permit is issued.
    C. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in the jurisdiction for the period allowed under such permit.
    D. Trip permits shall not be used to evade or circumvent this agreement.
    E. Jurisdictions, members to this agreement, may provide a system of issuing trip permits for other jurisdictions, members of this agreement, so that vehicles may move without waiting for telegraphic or other emergency authorization. The issuing jurisdiction shall collect the necessary trip permit fee and forward it to the jurisdiction for which the permit was issued and deliver to the registrant the permit for movement in the other jurisdiction or jurisdictions.

Article XIII. Preservation of Records and Audit

A. Any registrant whose application for proportional registration has been accepted shall preserve the records on which it is based for a period of the 3 preceding years. Such records shall be made available to the commissioner or his agents at his request for audit as to accuracy of computation, payments, and assessments for deficiencies or allowances for credits, during the normal business hours of the day.
B. If any registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which his true liability may be determined, the commissioner may, 30 days after written demand for an availability of record or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his own instance, information available to the commissioner concerning operations by similar registrants and such other pertinent information as may be available to the commissioner.

Article XIV. Audits

    A. 1. The base jurisdiction shall audit the registrants displaying a base plate of the base jurisdiction as to authenticity of mileage figures derived from operational records and registrations and at such time and frequency as determined by the base jurisdiction.
       2. In the event that the registrant's operational records are not located in the base jurisdiction and it becomes necessary for the base jurisdiction to send auditors to the place where such records are normally kept, the base jurisdiction may require the registrant to reimburse the base jurisdiction for per diem and travel expenses of its auditors incurred in the performance of such audit.
    B. Upon completion of any such audit, the commissioner shall notify all jurisdictions in which the registrant was proportionally registered of the accuracy of the records of such registrant. If the registrant shall have miscalculated the fees due any jurisdiction in which his vehicles were proportionally registered, such information shall be furnished to the jurisdictions for adjustment.
    C. Audits may be made by the commissioners of the several jurisdictions.

Article XV. Assessment Claims Under Audit

A. Upon audit, the commissioner shall assess for any deficiency found to be due. No assessment for deficiency or claim for credit may be made for any period for which records are no longer required.
B. Assessments based on audit, interest on assessments, refunds, or credits or any other amounts including auditor's per diem and travel shall be made in accordance with the statute of each jurisdiction involved with the audit of the registrant.

Article XVI. Entry and Withdrawal

A. Any jurisdiction may become a party to this agreement by executing the prescribed adopting resolution and sending it to the American Association of Motor Vehicle Administrators (hereinafter referred to as AAMVA) in Washington, D.C.; however, such resolution must be approved and endorsed by all member jurisdictions using procedures contained in Article XIX.
B. This agreement shall continue in full force and effect, after its original adoption, as to each jurisdiction until cancelled or revoked by proper officials of any jurisdiction upon 30 days written notice to AAMVA who shall immediately notify the officials of the other member jurisdictions to this agreement. However, cancellation by one jurisdiction shall not affect the agreement as between other jurisdictions. All credentials issued under this agreement shall be valid until the end of the current registration year of the applicable jurisdiction.

Article XVII. Exceptions

    A. Each signatory jurisdiction to this agreement shall list its exceptions, if any. These exceptions will be made a part of the adopting resolution and of this agreement by appendix listing, and will be effective upon approval by each member jurisdiction using procedures contained in Article XIX.
    B. Any jurisdiction may amend its exceptions by serving copies of the proposed changes on AAMVA and all member jurisdictions. Upon approval of all contracting jurisdictions, the amended or proposed exception shall be effective in the next succeeding registration year, provided at least 30 days notice has been given.
    C. The withdrawal or cancellation of an exception shall be accomplished by filing due notice of such action with AAMVA, and becomes effective upon notification to all member jurisdictions using the procedures contained in Article XIX. The withdrawal or cancellation of an exception shall not require approval by the member jurisdictions.
    D. There shall be no exceptions taken, however, to the following concepts embodied in this agreement:
       1. Single registration plates;
       2. Single registration (cab) card; and
       3. Ability to perform both interstate and intrastate vehicle movements.

Article XVIII. Other Agreements

This agreement shall supersede any reciprocal or other agreement, arrangement or understanding between any 2 or more of the member jurisdictions covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement or understanding between a member jurisdiction and any non-member jurisdiction.

Article XIX. Administration

    A. The AAMVA shall be the official repository of this agreement and shall be responsible for the required duties attendant to the administration of this agreement.
    B. When 2 or more jurisdictions become signatories to this agreement, and as each jurisdiction thereafter joins the agreement, each jurisdiction shall send the prescribed adopting resolution to AAMVA in Washington, D.C. Upon receipt of such resolution, AAMVA shall provide a copy to each member jurisdiction for the purpose of obtaining the required endorsement. Each member jurisdiction shall notify AAMVA as to its endorsement or rejection of the applicant jurisdiction.
    C. The AAMVA shall keep all jurisdictions apprised of the current status of the agreement in the manner determined by the Association to best accomplish this purpose.
    D. Decisions regarding interpretations of any question at issue or formal policy procedures relating to this agreement shall be reached by agreement of 3/4 of the member jurisdictions, acting through the commissioners thereof, and upon determination shall be placed in writing and be retained by AAMVA as part of the permanent record which shall be binding on member jurisdictions where not in conflict with existing statute. Each such matter to be decided under this section shall be placed in writing and shall be presented to each member jurisdiction commissioner for approval or rejection.
    E. All issues requiring approval or agreement of the member jurisdictions shall be determined by ballot mail by the repository, by certified mail, receipt requested, to each member jurisdiction. Entry into the plan, defined in Article XVI, and exceptions to the plan, defined in Article XVII, require approval and endorsement by all member jurisdictions. On all other issues, failure on the part of a member jurisdiction to respond to any ballot on matters pertaining to interpretations and amendments as set forth in Articles XIX. D. and XX of the IRP within 120 days of its receipt shall be deemed as approval by that jurisdiction.

Article XX. Amendments

This agreement may be amended, subject to the approval of 3/4 of the member jurisdictions, acting through the officials thereof authorized to enter this agreement. All proposed amendments shall be in writing and have been presented in one or more open meetings of commissioners. Such proposed amendments must be accompanied by a memorandum setting forth the intent and purpose of the proposed amendment, which memorandum shall be filed by the repository along with the amendment.

Article XXI. Effective Date

This agreement shall become effective upon the approval of any 2 jurisdictions and shall be operative between jurisdictions upon their signing or adopting this agreement.

Article XXII. AAMVA

The American Association of Motor Vehicle Administrators, AAMVA, hereby accepts the responsibilities thereinabove assigned to it.

Source. 1985, 146:2, eff. July 19, 1985.

Section 260:76

260:76 Hearing on Fees and Charges. – Any person who wishes to dispute fees or charges against him or her by the state under this subdivision shall be entitled to a hearing before the commissioner or his or her designee in accordance with the hearing process established by RSA 260:44, II, which shall be liberally construed so as to also apply to this subdivision.

Source. 2005, 106:3, eff. Jan. 1, 2006.

TITLE XXIMOTOR VEHICLES

CHAPTER 260ADMINISTRATION OF MOTOR VEHICLE LAWS

Division of Motor Vehicles

Section 260:1

Section 260:2,-3

Powers and Duties

Section 260:4

Section 260:5

Section 260:6

Section 260:6-a

Section 260:6-b

Section 260:7

Section 260:8

Section 260:9

Section 260:10

Section 260:10-a

Section 260:10-b

Section 260:11

Section 260:12

Section 260:13

Section 260:14

Section 260:15

Section 260:16

Section 260:17

Section 260:18

Section 260:19

Section 260:20

Section 260:21

Section 260:22

Section 260:23

Bureau of Certificate of Title

Section 260:24

Section 260:25

OHRV Bureau

Section 260:26

Section 260:27

Section 260:28

Section 260:29

Road Tolls

Section 260:30

Section 260:31

Section 260:32

Section 260:33

Section 260:34

Section 260:34-a

Section 260:35

Section 260:36

Section 260:36-a

Section 260:36-b

Section 260:36-c

Section 260:36-d

Section 260:37

Section 260:38

Section 260:39

Section 260:40

Section 260:40-a

Section 260:41

Section 260:42

Section 260:42-a

Section 260:43

Section 260:43-a

Section 260:43-b

Section 260:44

Section 260:45

Section 260:46

Section 260:47

Section 260:48

Section 260:49

Section 260:50

Section 260:51

Section 260:52

Section 260:52-a

Section 260:52-b

Section 260:52-c

Section 260:52-d

Section 260:52-e

Section 260:52-f

Section 260:53

Section 260:54

Section 260:54-a

TITLE XXI
MOTOR VEHICLES

CHAPTER 260
ADMINISTRATION OF MOTOR VEHICLE LAWS