CHAPTER Saf-C 1000 DRIVER LICENSING
Statutory
Authority: RSA 21-P:14, IV (a)-(g), (l),
(n) & (o)
PART Saf-C 1001
DEFINITIONS
Saf-C
1001.01 "Applicant" means a
person intending to fulfill statutory and administrative requirements to hold a
valid
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED:
7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-97; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.02 "Appointment" means
the scheduled examination(s) that are required to obtain a driver license.
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.03 "Commissioner" means
"commissioner" as defined in RSA 259:13.
Source.
#6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.04 "Department" means
"department" as defined in RSA 259:19.
Source. #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1001.05 "Director" means
"director" as defined in RSA 259:20.
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, 7-19-89
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.03),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.06 "Division" means
"division" as defined in RSA 259:22.
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.04),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.07 "Driver license" means
a license of any class to operate a motor vehicle issued by the state of
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.05),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.08 "Examination" means a
written, road skills and visual acuity test, or any combination thereof.
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES: 1-25-95; ss and moved by #6120, eff 11-22-95
(formerly Saf-C 1001.06), EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1001.09 "Eye doctor" means either a
licensed opthamologist or a licensed optometrist.
Source. #4647, eff 7-19-89, EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.061),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.10 "Mailing address"
means specification of the location where a person regularly receives properly
addressed mail via the
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95;
ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.07), EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.11 "Original driver
license" means the first
Source. #2077, eff 7-4-82; ss by #2801, eff 8-3-84;
ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.08),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1001.12 "Permanent address" means
specification of the location where a person makes
his/her residence. The term does not include
addresses consisting solely of a post office box number.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95;
ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.09), EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.13 "Person" means a human
being.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.10),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1001.14 "Residence" means
"residence" as defined in RSA 21:6-a.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.11),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.15 "Resident" means "resident" as defined in RSA
21:6.
Source.
#6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1001.16 "Walk-in" means an
applicant who does not need a written or road skills examination and may walk
into any driver licensing office during regular business hours to obtain a
driver license.
Source.
#8109, eff 6-24-04
PART
Saf-C 1002 LICENSE APPLICATION
REQUIREMENTS
Saf-C
1002.01 Application Form.
(a) The department shall furnish application
forms DSMV 450 at the Division of Motor Vehicles,
(b) Each applicant shall submit form DSMV 450, in
person to a substation or, in person or by mail, to the Division of Motor
Vehicles,
(c) Applicants shall submit form DSMV 450 to the
division for each of the following:
(1) Original driver license;
(2) Renewal driver license;
(3) Duplicate driver license;
(4) Replacement driver license; and
(5) Non-driver identification card.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1002.02 Application, Data Required.
(a) Each applicant shall furnish the following on
form DSMV 450:
(1) Whether the applicant is a
(2) Legal name;
(3) Permanent address;
(4) Mailing address;
(5) Social security number, if required pursuant
to RSA 263:40-a;
(6) Date of birth;
(7) Sex, height, weight, color of eyes, color of
hair;
(8) Class(es) of driver license(s) requested;
(9) State/country where previous driver license was
held, if applicable, including:
a. Any restrictions on driver license;
b. Expiration date;
c. Driver license number and class; and
d. Exact name on driver license;
(10) The following certified statements:
a. The applicant has paid all resident taxes for
which he/she is liable;
b. The applicant, if required, has filed an
insurance certificate with the director;
c. The applicant does not hold a driver license
in any other jurisdiction; and
d. The applicant's driving privileges are not subject
to or under disqualification, suspension or revocation by any jurisdiction;
(11) Whether the applicant wants only his/her
mailing address to appear on the driver license;
(12) Whether the applicant wants his/her social
security number to appear on the driver license;
(13) Whether the applicant wants his/her social
security number retained by the department, pursuant to Saf-C 1012.01;
(14) Whether the applicant wants his/her
computerized image, likeness or photograph retained by the department, pursuant
to Saf-C 1010.10;
(15) Whether an applicant, who is at least 18
years of age, wants to register with the Selective Service; and
(16) Signature of
the applicant.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89; amd
by #4975, eff 11-13-90; amd by #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95;
ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1002.03
Positive Identification Required.
(a) Prior to the issuance of an original driver
license or original non-driver identification card, each applicant shall
furnish the director with positive proof of identification.
(b) Each applicant shall provide an original or
certified copy of his/her birth certificate to show positive proof of
identification.
(c) In addition to (b) above, each applicant
shall provide one of the following to show proof of identification:
(1) Current driver license or driver license
which has expired no more than 12 months prior to the date of application;
(2) Passport;
(3) Military discharge papers;
(4) Current non-driver identification card or
non-driver identification card which has
expired no more than
12 months prior to the date of application;
(5) Permanent resident card; or
(6)
Military identification card.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1002.04 Application Fee.
(a) Each applicant shall submit form DSMV 450 and
the statutory fee, pursuant to RSA 263:42, to the division.
(b) Payment shall be made in the form of cash,
check, money order or accepted credit cards.
(c) Checks and money orders shall be made payable
to "State of
(d) The fee required by this section shall be
waived for members of the armed forces if the applicant meets the requirements
of RSA 263:11 and (e) below.
(e) Each applicant for a fee waiver shall furnish
the following on form DSMV 76:
(1) An affidavit, which shall include:
a. Name and
b. Branch of the armed forces;
c. City or town where the applicant entered the
armed forces;
d. Certification that the applicant's tour of
duty is for 2 or more years;
e. Date on which tour of duty shall terminate;
f. Certification that the applicant's driving
privileges are not under suspension or revocation by any jurisdiction; and
g. Service number and date of birth;
(2) Signature of the applicant, made in the
presence of a commissioned officer; and
(3)
Signature and rank of a commissioned officer certifying that the
applicant signed the affidavit in his/her presence.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1002.05 Requirements for Minor
Applicant.
(a) In addition to the other requirements set
forth in these rules, each applicant for a driver license who is under the age
of 18 shall submit the following to the division:
(1) A certificate of successful completion of an
approved driver education program, pursuant to Saf-C 3100;
(2) Certification of completion of 20 hours of
additional supervised driving time under the supervision of a licensed parent,
step parent or legal guardian; or, if there is no licensed parent, step parent
or legal guardian, a licensed adult over the age of 25;
(3) Form DSMV 38, which shall include one of the
following:
a. Written permission for the issuance of a
driver license from the minor applicant's parent, step parent or legal
guardian; or, if there is no parent, step parent or legal guardian, an adult
who has assumed legal responsibility over the minor applicant;
b. A certified statement by an authorized
insurance company representative that the minor applicant is insured; or
c. Emancipation by proof of marriage; and
(4) Any convictions or pending actions, pursuant
to RSA 259:39.
(b) If the statement in (a)(3)b. above is
provided on form DSMV 38, the applicant shall include:
(1) The effective date of coverage;
(2) The assigned policy number; and
(3) The expiration date of the policy.
Source.
#6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1002.06 Requirements for Non-United States
Citizen.
(a) In addition to the other requirements set forth
in these rules, each applicant for a driver license or non-driver
identification card who is a non-United States citizen, shall submit the
following to the division:
(1) If temporarily residing in
a. Visa for employment in the name of the
applicant, which may include the applicant’s spouse or dependent;
b. Valid I-94 card issued by the Immigration and
Naturalization Service in the name of the applicant indicating date of entry into
the United States, which may include the applicant’s spouse or dependent;
c. Social Security Number Identification card in
the name of the applicant or evidence from the Social Security Administration
that a social security number has been issued to the applicant;
d. Letter on official letterhead from the
employer stating the applicant’s term of employment or that the applicant is a
spouse or dependent; and
e. Proof of residency;
(2) If temporarily residing in
a. Visa for attending a learning institution in
the name of the applicant, which may include the applicant’s spouse or
dependent;
b. Valid I-94 card issued by the Immigration and
Naturalization Service in the name of the applicant indicating date of entry
into the United States, which may include the applicant’s spouse or dependent;
c. Valid I-20 form or DS-2019 form issued by the
Immigration and Naturalization Service and completed by the learning
institution in the name of the applicant
authorizing attendance or that the applicant is a spouse or dependent;
d. Valid optional practical training card in the
name of the applicant, if training for a period of time after graduation from a
learning institution;
e. Social Security Number Identification card in
the name of the applicant or evidence from the Social Security Administration
that a social security number has been issued to the applicant, if in New
Hampshire for the purpose of d. above; and
f. Proof of residency; and
(3) If permanently residing in
a. Social Security Identification card in the
name of the applicant or evidence from the Social Security Administration that a
social security number has been issued to the applicant; and one of the
following:
1. Valid permanent resident card in the name of
the applicant;
2. Valid I-94 card issued by the Immigration and
Naturalization Service in the name of the applicant indicating refugee status
and date of entry into the United
States; or
3. Valid employment authorization card in the
name of the applicant indicating authorization to reside in the United States
pending permanent resident status; and
b. Proof of residency.
(b) Each non-United States citizen applying for
an original or renewal driver license shall appear only at the Division of
Motor Vehicles,
(c)
Notwithstanding (b) above, each permanent resident and
asylee or refugee with indefinite status may renew his/her driver license at
the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305, or at any
substation.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.07),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04; amd by #8598, eff 4-1-06
Saf-C
1002.07 Driver Education Requirement
Exception.
(a) Pursuant to RSA 263:21, a person who has
attained his/her sixteenth birthday and is under 18 years of age and has not completed
an approved driver education program shall be issued a driver license, limited
to use to and from school, if all other requirements by statute and these rules
are met.
(b) A parent, step parent or legal guardian of a
person requesting a limited use driver license shall submit a letter to the
director at the Division of Motor Vehicles,
(c) The director shall issue the limited use
driver license if:
(1) The director determines that there are no
readily available means of transportation to and from school; and
(2) The undue hardship caused by the prerequisite
of completing a driver education program is not outweighed by the importance of
completing a driver education program.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.09), EXPIRED:
11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1002.08 Applicant with Out of
State Address. An application
for a driver license that does not bear a permanent address within the state of
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1002.09 Application Rejected.
(a) All applications shall be reviewed by the
division in accordance with RSA 541-A:29.
(b) The applicant shall be notified of any
apparent errors or omissions and allowed to resubmit the application to the
division.
(c) In the event an applicant fails to comply
with an applicable statute or rule, the application shall not be processed and
the applicant shall be notified of the reason(s) for the rejection.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1002.15),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1002.10 Application Accepted.
(a) Upon receipt of a completed application, an
applicant who is not required to complete a written or road skills examination
may walk into any driver licensing office during regular business hours without
an appointment.
(b) Upon receipt of a completed application, an
applicant who is required to complete a written or road skills examination
shall be mailed an appointment to personally appear at a designated driver
licensing location.
(c) In the event an applicant makes a request for
a particular driver licensing location, the director shall attempt to comply
with the request.
(d) The appointment set forth in (b) above, shall
include the following:
(1) Applicant's name, address and date of birth;
(2) Location and time;
(3) Notification that the applicant shall be
required to provide proof of positive identification; and
(4) Notification that the applicant shall be required
to satisfactorily complete:
a. A visual acuity examination; and
b. A written examination, road skills
examination, or both.
(e) In the event it is necessary to reschedule an
appointment, notice of rescheduling shall be sent to the applicant.
(f) In the event an applicant fails to give the
division at least 24 hours notice of his/her inability to appear for a
scheduled appointment, a notice of rescheduling shall be sent to the applicant,
with a scheduled time to appear no sooner than 6 weeks after the date of the
initial appointment.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95;
ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C 1002.11 Renewal Notification.
(a) The director shall mail a renewal
notification to each person holding a valid
(b) The renewal notification shall be mailed to
the person's mailing address.
(c) Notwithstanding the provisions of this
section, when a computer system failure, incorrect mailing address,
interruption in postal service or other difficulty prevents the preparation,
mailing or receipt of the notification, it shall be the applicant’s
responsibility to obtain and complete an application form prior to the
expiration date of the driver license.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
PART Saf-C 1003
ORIGINAL DRIVER LICENSE: EXAMINATIONS
REQUIRED
Saf-C
1003.01 Authority.
(a) Pursuant to RSA 263:6, the director shall
require the following driver license examinations:
(1) Visual acuity examination;
(2) Written examination;
(3) Road skills examination; and
(4) Motor vehicle record check.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.02 Original Driver License,
Examinations Required.
(a) Each applicant for an original driver license
shall satisfactorily complete the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The road skills examination set forth in
Saf-C 1006.01.
(b) In the event an applicant's New Hampshire
driver license has been expired, suspended or revoked for a period in excess of
3 years prior to receipt of the application by the division, the applicant
shall complete the requirements set forth in (a) above.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.03 Original Driver License From
Another Jurisdiction, Examinations Required.
(a) Each applicant who surrenders a valid driver
license issued by another jurisdiction or a driver license issued by another
jurisdiction which has expired no more than 12 months prior to the date of its
surrender shall satisfactorily complete the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01; and
(2) The road skills examination set forth in
Saf-C 1006.01, in the event the director determines that:
a. The licensing standards of the jurisdiction
in which the applicant is licensed does not comply with the standards set forth
in these rules; or
b. The applicant might be a hazard to public
safety as a result of an apparent physical or psychological impairment.
(b) The director shall determine whether each
driver license surrendered pursuant to (a) above:
(1) Is genuine;
(2) Was actually issued to the applicant; and
(3) Is not under suspension or revocation.
(c) Upon receipt of a completed form DSMV 450 and
the statutory fee, a 6 month temporary driver license shall be issued to the
applicant.
(d) When the director determines that the
surrendered driver license is not under suspension or revocation and that the
applicant has no pending actions, the director shall mail the NH driver license
to the applicant, valid for the remainder of the 5 year license period.
(e) Each applicant who indicates that he/she has
a valid driver license issued by another jurisdiction but does not have the
driver license to surrender to the division shall not be eligible for a
(1) The previous driver license is not under
suspension or revocation;
(2) The applicant was actually issued a valid
driver license by the other jurisdiction;
(3) The applicant has no pending actions in any
other jurisdiction; and
(4) The applicant submits form DSMV 90 or similar
form.
(f) The applicant shall furnish the following on
form DSMV 90 or similar form:
(1) Name and date of birth;
(2) Previous driver license number, if known;
(3) Signature of the applicant;
(4) Statement from an official of the
governmental agency which previously issued the driver license indicating:
a. Whether the applicant holds or previously
held a driver license in the jurisdiction;
b. Class of driver license;
c. Whether the driver license is currently under
suspension or revocation and the reason; and
d. If the driver license is currently under
suspension or revocation, what action must be taken to get it restored;
(5) Signature of the official completing the form;
and
(6) Official stamp or seal of the governmental
agency.
(g) Each applicant who surrenders a driver
license issued by another jurisdiction which has expired more than 12 months
prior to the date of its surrender or who does not hold a driver license from
another jurisdiction shall satisfactorily complete the following in the order
reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The road skills examination set forth in
Saf-C 1006.01.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95;
ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.04 Original Driver License for
Non-United States Citizen, Examinations Required.
(a) Each applicant for an original driver license
who is a non-United States citizen shall satisfactorily complete the following
in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The road skills examination set forth in
Saf-C 1006.01.
(b) In the event a non-United States citizen
surrenders a driver license from his/her home country, the director shall
determine if the driver license:
(1) Is genuine;
(2) Was actually issued to the applicant; and
(3) Is not under suspension or revocation.
(c) In the event a non-United States citizen does
not hold a driver license from his/her home country, he/she shall provide
verification from his/her home country that he/she:
(1) Has never held a driver license; or
(2) Has held a driver license in the
(d) In the event a non-United States citizen who
is temporarily residing in
(e) Upon receipt of a completed form DSMV 450 and
the statutory fee, along with the documents required in Saf-C 1002.06, a 45-day
temporary permit shall be issued to the applicant.
(f) When the director determines that any
surrendered driver license is not under suspension or revocation and that the
applicant has no pending actions, the director shall mail the NH driver license
to the applicant.
(g) The driver license shall be valid for up to 5
years; or until the following date, whichever occurs first:
(1) The date the visa submitted pursuant to Saf-C
1002.06 expires;
(2) The date the I-20 form or DS-2019 form
submitted pursuant to Saf-C 1002.06 expires; or
(3) The date employment status expires.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.05 Original Motorcycle License,
Examinations Required.
(a) Each applicant for an original motorcycle
license, who holds no other class of
(1) The visual acuity examination set forth in
Saf-C 1004.01; and
(2) The written examination set forth in Saf-C
1005.01.
(b) Upon satisfactory completion of the
requirements set forth in (a) above, a motorcycle learner's permit shall be
issued to the applicant on form DSMV 108.
(c) Form DSMV 108 shall include the following:
(1) Name;
(2) Date of issuance;
(3) Indication that the permit is a motorcycle
learner's permit;
(4) Signature of the director; and
(5) Indication that the permit shall be valid for
a period of 30 days from the date of issuance.
(d) Only one motorcycle learner's permit shall be
issued to an applicant, unless exigent circumstances can be shown, which
indicate that the original motorcycle learner's permit was unused.
(e) For the purposes of this section,
"exigent circumstances" shall include:
(1) Serious illness;
(2) Hospitalization;
(3) Out of state; or
(4) Any other unforeseen circumstance beyond the
applicant's control that prevented him/her from using the motorcycle learner's
permit.
(f) Each applicant for an original motorcycle
license, who holds no other class of
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The motorcycle skills examination set forth
in Saf-C 1006.04.
(g) Each applicant for an original motorcycle
license, who holds a valid
(1) The visual acuity examination set forth in
Saf-C 1004.01; and
(2) The motorcycle skills examination set forth
in Saf-C 1006.04.
(h) Each applicant for an original motorcycle
license, who has completed an approved motorcycle rider education program
within one year prior to receipt of the application by the division, shall be
required to complete the visual acuity examination set forth in Saf-C 1004.01.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.06 Special Moped License,
Examinations Required.
(a) Each applicant for a special moped license
shall satisfactory complete the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01; and
(2) The written examination set forth in Saf-C
1005.01.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1003.07 Application After Surrender
of Driver License, Examinations Required.
(a) In the event a person surrenders his/her New
Hampshire driver license, the division shall indicate that the person no longer
holds a driver license in this state on the person's driver record.
(b) A person who has surrendered his/her New
Hampshire driver license and requests to be relicensed in this state and has
not held a driver license in any other jurisdiction, shall satisfactorily
complete the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The road skills examination set forth in Saf-C
1006.01; and
(4) Payment of the statutory fee, pursuant to RSA
263:42.
(c) Any person under the age of 18, who
surrenders his/her driver license, shall be subject to all of the requirements
of RSA 263:14, II and III, from the date of reissuance, pursuant to (b) above.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
PART Saf-C 1004
VISUAL ACUITY EXAMINATION REQUIREMENTS
Saf-C
1004.01 Visual Acuity Examination.
(a) The visual acuity examination shall consist
of the following:
(1) The Titmus or Optic 1000 DMV test; or
(2) The Snellen eye chart test.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.02 Pass, No Restrictions.
(a) Each applicant shall pass the visual acuity
examination if the applicant:
(1) Accurately perceives the line of symbols
designated 20/40 with both eyes; or
(2) Is legally blind in one eye and accurately perceives
the line of symbols designated 20/30 with the other eye.
(b) For the purposes of this section,
"accurately perceives" means determining the symbols presented with
no more than one error.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.03 Pass, Corrective Lenses
Restriction. Each applicant who
meets the standards set forth in Saf-C 1004.02 with the use of corrective
lenses shall pass the visual acuity examination subject to the corrective
lenses restriction pursuant to RSA 263:13 and Saf-C 1008.03.
Source.
#2077, eff 7-4-82; ss by #2801, eff 8-3-84; amd by #2992, eff 3-22-85,
EXPIRED: 3-22-91
New. #5812, eff 4-19-94; ss by #6120, eff
11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.04 Special Needs Applicant. Each applicant who is illiterate or has a debilitating
speech impediment shall complete the tests set forth above by copying in a
written manner the symbols perceived.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.05 Visual Acuity Failure.
(a) Each applicant who fails to meet the
standards set forth in Saf-C 1004.02 shall be advised to contact an eye doctor
of the applicant's choosing for an examination.
(b) The applicant shall submit form DSMV 61 to
the division, within 30 days after it is completed by the eye doctor conducting
the examination.
(c) The eye doctor conducting the examination
shall furnish the following on form DSMV 61:
(1) Date of examination;
(2) Name, address, and date of birth of the examinee;
(3) Name and address of the examining eye doctor;
(4) Examinee's visual acuity in each eye and in
both eyes:
a. Without corrective lenses;
b. With current corrective lenses; and
c. With new corrective lenses;
(5) Eye doctor's recommendation of visual
capability;
(6) Whether new corrective lenses are being
recommended;
(7) Signature of the eye doctor;
(8) Name and address of the eye doctor or
optician fitting new lenses;
(9) Date new lenses were fitted; and
(10) Signature of the eye doctor or optician who
fitted the lenses.
(d) The examinee, by signing the form, shall
indicate consent to the release of all information contained in the form to the
director.
Source. #2077,
eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.06 Vision Examination Pass. Upon receipt of the information set forth in
Saf-C 1004.05(b) and (c) that indicates the applicant meets the vision requirements
of Saf-C 1004.02, the director shall issue the applicant a driver license upon
the applicant's successful completion of all other applicable requirements.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1004.07),
EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1004.07 Vision Examination Failure. Upon receipt of the information set forth in
Saf-C 1004.05(b) and (c) that indicates the applicant cannot meet the vision
requirements of Saf-C 1004.02, the applicant may complete the requirements of
Saf-C 1004.08.
Source.
#8109, eff 6-24-04
Saf-C
1004.08 Special Visual Acuity
Requirements.
(a) Notwithstanding any other provision to the
contrary, the director shall issue a driver license to an applicant whose
visual acuity is between 20/40 and 20/70.
(b) No driver license shall be issued to an
applicant whose visual acuity is worse than 20/40 in both eyes, or worse than
20/30 if there is vision in only one eye, unless the following has been
completed:
(1) The applicant has submitted form DSMV 61 to
the director in accordance with Saf-C 1004.05(b) and (c);
(2) The applicant has also submitted form DSMV
61, Part C to the director, which has been completed by an eye doctor; and
(3) The eye doctor has stated the following on
form DSMV 61, Part C:
a. That the applicant's visual acuity allows the
applicant to safely operate a motor vehicle with or without restrictions;
b. The nature of the hardship which the applicant
would be subject to if the applicant is not issued a driver's license;
c. The eye doctor's recommendation that the
applicant be issued a driver license; and
d. Any other factors which the eye doctor feels
are pertinent.
(c) Upon receipt of form DSMV 61, the director
shall issue a driver license to the applicant if he/she receives the eye
doctor's certification and recommendation for a driver license and the
applicant's visual acuity meets the division's minimum standards, as set forth
in (b) above.
(d) In making this determination, the director
shall consider:
(1) The applicant's visual acuity; and
(2) Certification from the applicant's eye doctor
that the applicant's visual acuity meets the division's minimum standards.
(e) In addition to (c) above, the director shall
require each applicant who has submitted form DSMV 61 with Part C completed, to
pass a road skills examination prior to issuing the applicant a driver license.
Source.
#8109, eff 6-24-04
PART Saf-C 1005
WRITTEN EXAMINATION REQUIREMENTS
Saf-C
1005.01 Written Examination:
Description.
(a) The written examination shall consist of 20
multiple choice questions designated by the director.
(b) Each question shall have 4 possible answers,
only one which is correct.
(c) Each question shall focus on the
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1005.02 Written Examination:
Administration.
(a) Each applicant shall have no more than 30
minutes to complete the written examination.
(b) Each applicant discovered cheating, copying,
or consulting with any person other than authorized licensing personnel shall
be immediately disqualified and re-scheduled for an examination no sooner than 30 days later.
(c) No person, other than authorized licensing
personnel, shall be allowed to remove written examination materials from the
designated testing area.
(d) Each applicant shall pass the written
examination if 16 or more of the answers are correct.
(e) Written examinations shall be valid for a
period of one year.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89; ss by
#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1005.03 Illiterate and Non-English
Speaking Applicants.
(a) An applicant who is illiterate or reads a
language other than English shall complete an oral examination designated by
the director of the same format set forth in Saf-C 1005.01.
(b) Each oral examination pursuant to (a) above
shall only be conducted by authorized licensing personnel or an interpreter, if
applicable.
(c) An applicant who speaks and reads a language
other than English shall complete the written examination set forth in Saf-C
1005.01, with the assistance of an interpreter.
(d) An applicant whose interpreter is discovered
cheating, copying, or consulting with any person other than authorized
licensing personnel shall be immediately disqualified and rescheduled pursuant
to Saf-C 1005.02(b). The applicant shall
not be permitted to appear at the rescheduled time with the same interpreter.
Source.
#6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
PART Saf-C 1006
ROAD SKILLS EXAMINATION REQUIREMENTS
Saf-C
1006.01 Road Skills Examination:
Description.
(a) The road skills examination shall consist of
a qualitative evaluation of the applicant's abilities and skills in the
following general categories:
(1) Starting the vehicle, which shall include:
a. Starting the engine; and
b. Mirrors and looking back;
(2) Use of signals, which shall include:
a. Knowledge of arm signals;
b. Starting from the curb; and
c. Turns;
(3) Steering, which shall include:
a. Position of hands;
b. Smoothness;
c. Two-hand grip; and
d. Over-steering;
(4) Attention and observation, which shall
include:
a. Use of mirrors; and
b. Watching the road;
(5) Lane usage, which shall include:
a. Choice of proper lane;
b. Position in the lane; and
c. Unnecessary changing of lanes;
(6) Passing/being passed, which shall include:
a. Clearance;
b. Illegal maneuvers; and
c. Cooperating with passer;
(7) Engine control, which shall include:
a. Use of gears;
b. Choice of gears;
c. Clutch use; and
d. Accelerator use;
(8) Turnabout, which shall include:
a. Number of attempts; and
b. Bumping the curb or an object;
(9) Grade control, which shall include:
a. Amount of roll-back; and
b. Setting of the wheel;
(10) Backing ability;
(11) Parallel parking, which shall include:
a. Number of attempts;
b. Maneuvering; and
c. Final placement of the vehicle;
(12) Signs/traffic signals, which shall include:
a. Obedience to signs;
b. Position after a stop;
c. Failing to make a full stop;
d. Starting before signal changes; and
e. Waiting too long;
(13) Right of way, which shall include:
a. Other vehicles; and
b. Pedestrians;
(14) Speed control, which shall include:
a. Over the speed limit;
b. Too slow or needless stops;
c. Too fast for safety;
d. Turns; and
e. Following distance; and
(15) Right and left turns, which shall include:
a. Swinging too wide;
b. Cutting too short;
c. Starting from the wrong lane; and
d. Ending in the wrong lane.
(b) Point values shall be assigned to each
maneuver. Each time a maneuver is not made in compliance with this section, the
applicant shall have the prescribed number of points deducted from his/her score.
Source.
#2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89,
EXPIRED: 7-19-95
New. #6069, INTERIM, eff 7-28-95, EXPIRES:
11-25-95; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1006.02 Road Skills Examination
Failure.
(a) Each applicant shall fail the road skills
examination if he/she receives 21 demerit points or more.
(b) Notwithstanding (a) above, the examination
shall be immediately discontinued and counted as a failure in the event of any
of the following:
(1) Striking another vehicle, a pedestrian, or
any fixed object;
(2) Improper action causing collision or
near-collision of other vehicles in the immediate vicinity;
(3) Action requiring expert driving by another
driver or dodging by a pedestrian, to prevent collision;
(4) Action requiring an examiner to come to the
aid of the applicant in controlling the vehicle;
(5) Stalling the vehicle within a busy
intersection because of inexperience or lack of skill;
(6) Driving 2 wheels over the curb or onto the
sidewalk;
(7) Committing any driving maneuver, either because
of lack of skill or caution, which causes immediate danger to any person or
property;
(8) Lack of control to the point where the
examiner believes continuation of the examination would be dangerous;
(9) Serious violation of any traffic law;
(10) Refusal to try any maneuver; or
(11) Repeated failure to follow instructions.
(c) The examination shall not be immediately
discontinued and counted as a failure if, in the judgment of the examiner, any
of the occurrences set forth in (b) above were unavoidable.
Source. #8109, eff 6-24-04
Saf-C
1006.03 Road Skills Examination
Vehicle.
(a) The applicant shall provide the test vehicle
for completion of the road skills examination.
(b) Test vehicles shall comply with all
(c) The vehicle's size, weight, character and
equipment shall conform with the class of driver license requested.
(d) Other than motorcycles, the vehicle shall
provide the examiner with a permanently attached seat which allows the examiner
accessibility to vehicle control mechanisms.
(e) No person shall be allowed to ride in the
test vehicle during a road skills examination, other than the applicant, the
examiner and if applicable, an examiner in training.
Source. #8109, eff 6-24-04
Saf-C
1006.04 Motorcycle Skills
Examination: Description.
(a) The motorcycle skills examination shall
include the following:
(1) Overall control and operation of the
motorcycle;
(2) Sharp turns;
(3) Stopping at a designated point;
(4) Offset cone weave;
(5) "U" turns;
(6) Quick stop; and
(7) Obstacle turn.
Source.
#8109, eff 6-24-04
Saf-C
1006.05 Motorcycle Skills
Examination: Criteria.
(a) Point values shall be assigned to each
maneuver.
(b) Each time a maneuver is not made in
compliance with Saf-C 1006.04, the applicant shall have the prescribed number
of points deducted from his/her score.
Source.
#8109, eff 6-24-04
Saf-C
1006.06 Motorcycle Skills
Examination: Failure.
(a) An applicant shall fail the motorcycle skills
examination if he/she receives 11 demerit points or more.
(b) Notwithstanding (a) above, the examination
shall be immediately discontinued and counted as a failure in the event the applicant:
(1) Falls or drops the motorcycle;
(2) Commits an unsafe act; or
(3) Disregards or fails to understand
instructions.
Source. #8109,
eff 6-24-04
Saf-C
1006.07 Re-Examination After Failure.
(a) In the event an applicant fails to complete
an examination prescribed herein, no further examinations shall be administered
on that date unless the director designates otherwise.
(b) The applicant shall be advised of the
specific reason(s) for failure and the director shall designate a subsequent
date for a reexamination, which shall be no sooner than 10 days after failure
of the examination.
Source.
#8109, eff 6-24-04
PART Saf-C 1007
RENEWAL DRIVER LICENSE REQUIREMENTS
Saf-C
1007.01 Renewal Driver License,
Examinations Required.
(a) Each applicant for a renewal driver license
who is less than 75 years of age shall complete the visual acuity examination
set forth in Saf-C 1004.01.
(b) Each applicant for a renewal driver license
who is less than 75 years of age shall be required to complete a road skills
examination if the director has any reason to believe the applicant might be a
hazard to public safety if licensed to drive, as a result of an apparent
psychological or physical impairment.
(c) Each applicant for a renewal driver license
who is 75 years of age or older shall complete the following in the order
reflected:
(1) The visual acuity examination set forth in
Saf-C 1004.01; and
(2) The road skills examination set forth in
Saf-C 1006.01 or the motorcycle skills examination set forth in Saf-C 1006.04,
if he/she has a motorcycle endorsement.
Source.
#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1007.02 Absence from
(a) Notwithstanding any other provision to the
contrary, the director shall postpone any examination required for a renewal
driver license if the director determines that:
(1) The applicant will be absent from
(2) The applicant is unable to renew his/her
driver license prior to its expiration date.
(b) Each applicant who is unable to comply with
the requirements contained in Saf-C 1007.01(a) but who fulfills all other
requirements set forth in any applicable statute and rules, shall be issued a 6
month temporary driver license.
(c) Upon receipt of a completed form DSMV 450 and
the statutory fee, a 6 month temporary driver license shall be issued to the
applicant.
Source.
#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
Saf-C
1007.03 Extension of Temporary Driver
License.
(a) Each person who remains outside of
(b) Each applicant for an extension of a 6 month
temporary driver license shall submit a letter to the Division of Motor
Vehicles,
(c) The letter shall include the following:
(1) A request for an extension of the temporary
driver license;
(2) The reason the applicant needs an extension
and for how long; and
(3) Signature of the applicant.
(d) The applicant shall pass a visual acuity
examination before a driver license extension shall be granted.
(e) The applicant may take the visual acuity
examination from any eye doctor or authorized state driver licensing examiner.
For the purposes of this section, "state driver licensing examiner"
means a person authorized by a governmental agency to administer visual acuity
examinations to driver license applicants.
(f) Form DSMV 125 shall be completed by both the
applicant and the eye doctor or state driver licensing examiner.
(g) Form DSMV 125 shall be submitted to the
Division of Motor Vehicles,
(h) Each applicant shall furnish the following on
form DSMV 125:
(1) Name and date of birth;
(2)
(3) Permanent
(4) Temporary out of state address; and
(5) Signature of the applicant.
(i) The eye doctor or state driver licensing
examiner shall furnish the following on form DSMV 125:
(1) The applicant's visual acuity without
corrective lenses:
a. In right eye;
b. In left eye; and
c. In both eyes;
(2) The applicant's visual acuity with corrective
lenses:
a. In right eye;
b. In left eye; and
c. In both eyes;
(3) Signature of the applicant and date signed;
and
(4) Official seal or stamp if the examination is conducted
by a state driver licensing examiner.
Source.
#4975, eff 11-13-90; ss by #6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04
PART Saf-C 1008
RESTRICTED DRIVER LICENSES
Saf-C
1008.01 Hearing Aid.
(a) An applicant who has a hearing defect that
requires the wearing of a mechanical, electrical, or other device shall be
issued a restricted driver license.
(b) Any person holding a restricted driver
license because of a hearing defect shall not drive a motor vehicle on a way
within this state unless the person is wearing a hearing device.
Source.
#6265, eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.02 Outside Mirrors.
(a) An applicant who is deaf shall be issued a
restricted driver license.
(b) Any person holding a restricted driver
license because of deafness shall not drive a motor vehicle on a way within
this state unless the motor vehicle has outside mirrors attached to both sides
of the vehicle which give a clear, reflected view to the rear of the vehicle.
Source.
#6265, eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.03 Corrective Lenses.
(a) An applicant who cannot pass the visual
acuity examination without the use of corrective lenses shall be issued a
restricted driver license.
(b) Any person holding a restricted driver
license because of the need for corrective lenses shall not drive a motor
vehicle on a way within this state unless the person is wearing corrective
lenses.
Source. #6265,
eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.04 Daylight Hours Only.
(a) An applicant who cannot pass the visual
acuity examination without the use of corrective lenses and who has been
determined by an eye doctor to be unable to safely drive a motor vehicle except
during daylight hours shall be issued a restricted driver license.
(b) Any person holding a restricted driver
license limited to daylight hours only shall not drive a motor vehicle on a way
within this state except during daylight hours.
Source.
#6265, eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.05 Automatic Transmission.
(a) An applicant who, because of a missing or
damaged limb, cannot drive a motor vehicle with a manual transmission, shall be
issued a restricted driver license.
(b) Any person holding a restricted driver
license because of a missing or damaged limb shall not drive a motor vehicle on a way within
this state with a manual transmission.
Source.
#6265, eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.06 Special Equipment.
(a)
An applicant who, because of a disability or handicap, cannot safely drive a
motor vehicle without the assistance of special equipment, shall be issued a
restricted driver license.
(b)
Any person holding a restricted driver license because of a disability or
handicap shall not drive a motor vehicle on a way within this state unless the
motor vehicle is equipped with special equipment.
Source.
#6265, eff 6-11-96, EXPIRED: 6-11-04
New. #8109, eff 6-24-04
Saf-C
1008.07 Removal of Restriction.
(a) Any person who has been issued a restricted
driver license may request the removal in person at any driver licensing
office.
(b) A corrective lenses restriction shall not be
removed unless the applicant passes a visual acuity examination without the use
of corrective lenses.
(c) In the event the director determines that a
restriction shall be removed, the applicant shall surrender his/her driver
license and the director shall furnish the applicant with a replacement driver
license.
(d) Notwithstanding any other provision to the
contrary, the director shall require each applicant requesting removal of a
restriction, except for the removal of a corrective lenses restriction, to pass
a road skills examination prior to removing the restriction.
Source.
#8109, eff 6-24-04
PART Saf-C 1009
HIGH RISK DRIVERS
Saf-C
1009.01 High Risk Driver. For the purposes of this section, "high
risk driver" means a driver who, because of an apparent physical or
psychological impairment or condition, needs a reexamination in order to
determine his/her fitness to safely drive a motor vehicle so as not to endanger
the public.
Source.
#8109, eff 6-24-04
Saf-C
1009.02 Request for a Reexamination.
(a) A request for a driver to submit to a
reexamination shall be in writing and forwarded to the office of the director,
James. H.
(b) Each request pursuant to (a) above, shall be
accepted from the following sources:
(1) A law enforcement officer;
(2) A health care provider, which shall include a
school nurse, nursing home administrator or hospital administrator; or
(3) A family member.
(c) Each request shall include the following:
(1) Name of requestor;
(2) Address of requestor;
(3) Relationship of requestor to the person
identified to be in need of a reexamination;
(4) Name, address and date of birth of the person
being requested to submit to a reexamination; and
(5) Reason(s) for the request and any supporting
documentation, if applicable.
(d) The director shall review the information
submitted pursuant to (c) above, and determine that:
(1) A reexamination is not warranted;
(2) The person is a high risk driver and a
reexamination shall be ordered to be conducted by a licensing examiner; or
(3) The person's driver license shall be
immediately suspended in accordance with the provisions of RSA 263:59.
(e) A reexamination ordered by the director
pursuant to (d)(2) above, shall consist of the following:
(1) The visual acuity examination set forth in
Saf-C 1004.01;
(2) The written examination set forth in Saf-C
1005.01; and
(3) The road skills examination set forth in
Saf-C 1006.01.
(f) In the event a reexamination is ordered by
the director pursuant to (d)(2) above, the high risk driver shall be notified
and given 3 opportunities to pass each required examination.
(g) Failure to appear 3 times for a scheduled
reexamination or failure to successfully pass the reexamination after given 3
opportunities to do so pursuant to (f) above, shall result in an immediate
suspension of the person's driver license, in accordance with the provisions of
RSA 263:59.
(h) Upon successfully passing the reexamination
ordered pursuant to (d)(1) above, the person shall continue to hold a valid
driver license until the date of expiration.
(i) Notwithstanding (h) above, the director
shall, based upon the information provided in (c) above, along with the
licensing examiner's recommendation, order the person to submit to further
reexaminations at certain scheduled periods of time or as deemed appropriate,
in order to monitor the person's continued fitness to safely drive a motor
vehicle.
(j) Any hearing conducted pursuant to this
section shall be in accordance with the provisions of Saf-C 200.
Source.
#8109, eff 6-24-04
Saf-C 1009.03 Inactive Status.
(a) A high risk driver whose driver license is
under suspension or revocation may have his/her driver license temporarily
transferred to inactive status in order to allow the person to participate in a
certified driver training or rehabilitation program approved by the director
and to be screened on the road when accompanied by a certified driver
rehabilitation instructor or licensing examiner.
(b) Inactive status pursuant to (a) above, shall
be authorized only if the suspension or revocation is based upon:
(1) The high risk driver's failure to pass a
driver license reexamination pursuant to this section; or
(2) The high risk driver's physical, medical or
psychological condition.
Source.
#8109, eff 6-24-04
Saf-C
1009.04 Approval for Training or
Rehabilitation Program.
(a) In order to be approved by the director as an
approved training or rehabilitation program, each program shall:
(1) Be an approved driver education driving
school or program pursuant to Saf-C 3100;
(2) Have at least one certified driver
rehabilitation instructor on staff;
(3) Have all program content and standards of
instruction approved in accordance with the requirements of Saf-C 3100; and
(4) Ensure that all program content and standards
of instruction are individually tailored to the needs of each student in
accordance with the Association for Driver Rehabilitation Specialists (ADED)
standards of practice guidelines.
Source.
#8109, eff 6-24-04
Saf-C
1009.05 Approval for Certified Driver
Rehabilitation Instructor.
(a) In order to be approved by the director as a
certified driver rehabilitation instructor, each applicant shall:
(1) Currently hold a standard driver education
certificate pursuant to Saf-C 3100;
(2) Have instructed driver education in
(3) Be certified as a driver rehabilitation
specialist by the ADED; and
(4) Be employed or under contract with an
approved training or rehabilitation program, pursuant to Saf-C 1009.03.
Source.
#8109, eff 6-24-04
Saf-C 1009.06 Request for Inactive Status for Purpose of
Evaluation.
(a) An approved training and rehabilitation
program shall request the director to transfer a high risk driver's driver
license suspension or revocation to inactive status for the purpose of an
evaluation on the prescribed form.
(b) The program shall furnish the following on
the prescribed form:
(1) Name of person to be evaluated;
(2) Date of birth;
(3) Mailing address;
(4) Permanent address;
(5) Date of evaluation;
(6) Expected time the evaluation will begin;
(7) Expected time the evaluation will finish;
(8) Reason for the evaluation; and
(9) Signature of the certified driver
rehabilitation instructor.
(c) The program shall submit the form in (b)
above to the supervisor of driver education, Division of Motor Vehicles,
(d) Upon receipt of the information set forth in
(b) above, the director shall verify that the person is eligible to be
transferred to inactive status, pursuant to RSA 263:64-b.
(e) If eligible pursuant to (d) above, the
person’s driver license shall be transferred to inactive status on the date of
the evaluation for the time specified in (b) above.
(f) The program shall immediately notify the
division in the event that:
(1) The person cancels the evaluation;
(2) The evaluation is not completed; or
(3) The certified driver rehabilitation
instructor ends the evaluation because the person is
a hazard to
him/herself or others.
Source.
#8109, eff 6-24-04
Saf-C
1009.07 Request for Inactive Status
for Purpose of Driver Training.
(a) An approved training and rehabilitation
program shall request the director to transfer a person’s driver license
suspension or revocation to inactive status for the purpose of driver training
on the prescribed form.
(b) The program shall furnish the following on
the prescribed form:
(1) Name of person;
(2) Date of birth;
(3) Mailing address;
(4) Permanent address;
(5) Date driver training will begin;
(6) Expected length of time for driver training,
not to exceed 30 days;
(7) Reason for driver training; and
(8) Signature of the certified driver
rehabilitation instructor.
(c) The program shall submit the form in (b)
above to the supervisor of driver education, Division of Motor Vehicles,
(d) Upon receipt of the information set forth in
(b) above, the director shall verify that the person is eligible to be
transferred to inactive status, pursuant to RSA 263:64-b.
(e) If eligible pursuant to (d) above, the
person’s driver license shall be transferred to inactive status on the date
that driver training will begin for the time specified in (b) above.
(f) The program shall immediately notify the
division in the event that:
(1) The person cancels driver training;
(2) Driver training is not completed;
(3) The certified driver rehabilitation instructor
ends driver training because the person is a hazard to him/herself or others;
or
(4) There has been a change in the person’s
medical condition during driver training.
(g) Upon completion of driver training or in the
event that driver training has ended pursuant to (f)(3) above, the certified
driver rehabilitation instructor shall submit a report to the director within
10 days of the date that driver training was completed or ended.
(h) The report pursuant to (g) above shall
include:
(1) A full evaluation and determination as to the
person’s fitness to safely drive a motor vehicle so as not to endanger the
public; and
(2) Recommendation that the person needs further
training or that the person can proceed to testing with a licensing examiner,
unless the driver training ended pursuant to (f)(3) above.
(i) Notwithstanding any other provision to the
contrary, the director shall be authorized not to transfer a high risk driver's
driver license suspension or revocation to inactive status if a determination
is made that the person will not benefit from driver rehabilitation training or
cannot safely drive a motor vehicle so as not to endanger the public.
(j) If, at the end of 30 days, the certified
driver rehabilitation instructor determines that further driver training is
necessary, he/she shall submit a request on the prescribed form pursuant to (b)
above.
(k) A restoration fee shall not be imposed in the
event a person, after the completion of
driver rehabilitation training, passes the required examinations with a
licensing examiner and obtains a valid driver license.
Source.
#8109, eff 6-24-04
PART Saf-C 1010
GENERAL ADMINISTRATION
Saf-C
1010.01 Change of Address.
(a) Within 10 days of changing residence and/or
mailing address, a licensee shall furnish the following on form DSMV 30:
(1) Name;
(2) Date of birth;
(3) Old address;
(4) New address; and
(5) Signature of the licensee.
(b) The licensee shall print the new address on
the back of his/her driver license.
Source.
#8109, eff 6-24-04
Saf-C
1010.02 Change of Name.
(a) Within 10 days of changing a name, a licensee
shall furnish the following on form DSMV 30:
(1) Date of birth;
(2) Former name;
(3) New name; and
(4) Signature of the licensee.
(b) As evidence of a new name, a licensee shall:
(1) Present a copy of one of the following:
a. Name change petition from the court of
Probate;
b. Marriage certificate;
c. Divorce decree;
d. Passport;
e. Adoption decree; or
f. Court decree; or
(2) Present a notarized statement that the
licensee has changed his/her name.
(c) For the purposes of (b)(2) above, the
notarized statement shall include:
(1) Former name;
(2) New name;
(3) Date of birth;
(4) Address; and
(5) Signature of the licensee and date signed.
(d) The licensee shall surrender his/her driver
license and the director shall furnish the licensee with a replacement driver
license indicating the new name.
Source.
#8109, eff 6-24-04
Saf-C
1010.03 Change of Gender.
(a) A licensee who has undergone a sex-change
operation shall furnish the director with the following:
(1) Former name;
(2) New name;
(3) Former gender;
(4) New gender;
(5) Date of birth;
(6) Permanent address; and
(7) A letter from a treating physician confirming
the sex-change operation.
(b) The licensee shall surrender his/her driver
license and the director shall furnish the applicant with a replacement driver
license indicating the new gender.
Source.
#8109, eff 6-24-04
Saf-C
1010.04 Signature Required.
(a) Each applicant shall sign the driver license
or non-driver identification card prior to issuance by the division.
(b) No written remarks, other than the applicant's
signature, shall be permitted in the area
designated for the signature on the driver license or non-driver
identification card.
Source.
#8109, eff 6-24-04
Saf-C
1010.05 Duplicate Driver License.
(a) In the event a person's driver license is
lost, stolen or destroyed, the person may obtain a duplicate driver license.
(b) Each applicant for a duplicate driver license
shall submit form DSMV 450 and the statutory fee to the division.
(c) In addition to (b) above, each applicant for
a duplicate driver license shall provide positive proof of identification as
set forth in Saf-C 1002.03.
(d) Upon receipt of a completed form DSMV 450 and
the statutory fee, the director shall issue the applicant a duplicate driver
license.
(e) No more than 3 duplicate driver licenses
shall be issued to a person during the term of any licensing period.
Source.
#8109, eff 6-24-04
Saf-C
1010.06 Replacement Driver License.
(a) In the event a person changes his/her name,
has a restriction removed, or is issued an incorrect driver license, the person
may obtain a replacement driver license.
(b) Each applicant for a replacement driver
license shall submit form DSMV 450 to the division.
(c) Upon receipt of a completed form DSMV 450, the director shall issue the applicant a replacement driver license.