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 New Hampshire 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: 11-25-97; 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; ss by #10176 (eff 8-23-12)

 

          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; ss by #10176 (eff 8-23-12)

 

          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; ss by #10176 (eff 8-23-12)

 

          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; ss by #10176 (eff 8-23-12)

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          Saf-C 1001.07  "Driver license" means a license of any class to operate a motor vehicle issued by the state of New Hampshire.

 

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; ss by #10176, eff 8-23-12

 

          Saf-C 1001.08 "Examination" means a knowledge, 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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          Saf-C 1001.10 “Legal address” means specification of the location where a person makes his/her residence. The term does not include addresses consisting solely of a post office box number.

 

Source.   #10176, eff 8-23-12

 

          Saf-C 1001.11 "Mailing address" means specification of the location where a person regularly receives properly addressed mail via the U.S. postal service.

 

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; ss by #10176, eff 8-23-12 (from Saf-C 1001.10)

 

          Saf-C 1001.12 "Original driver license" means the first New Hampshire driver license issued to a person.

 

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; ss by #10176, eff 8-23-12 (from Saf-C 1001.11)

 

          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; ss by #10176

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          Saf-C 1001.16 "Walk-in" means an applicant who does not need a knowledge 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; ss by #10176, eff 8-23-12

 

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, 23 Hazen Drive, Concord, N.H. 03305, or at any substation.

 

          (b)  Each applicant shall submit form DSMV 450, in person to a substation or, in person to the:

 

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (c)  Applicants shall complete and 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;

 

(5)  Non-driver identification card; and

 

(6)  Limited Privilege 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; ss by #10176, eff 8-23-12; para. (c) amd by #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; para. (c) amd by #12162, eff 4-24-17

 

          Saf-C 1002.02  Application,  Data Required.

 

          (a)  Each applicant shall furnish the following on form DSMV 450:

 

(1)  Whether the applicant is a United States citizen;

 

(2)  Legal name;

 

(3)  Legal address;

 

(4)  Mailing address;

 

(5)  Social security number, if required pursuant to RSA 263:40-a;

 

(6)  Date of birth;

 

(7)  Gender, 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 as it appears on the applicant’s birth certificate or passport;

 

(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 legal address to appear on the back of the driver license;

 

(12)  Whether the applicant wants his/her social security number retained by the department, pursuant to Saf-C 1012.01;

 

(13)  Whether the applicant wants his/her computerized image, likeness or photograph retained by the department, pursuant to Saf-C 1010.10;

 

(14)  Whether an applicant, who is at least 18 years of age, wants to register with the Selective Service; and

 

(15)  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; ss by #10176, eff 8-23-12; amd by #12957, INTERIM, eff 12-23-19, EXPIRED: 6-22-20

 

          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)  Current passport;

 

(3)  Military discharge papers;

 

(4)  Current non-driver identification card or non-driver identification card which has expired no more than 12 months prior to the date of application;

 

(5)  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; ss by #10176, eff 8-23-12

 

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 NH, DMV".  Alternative terms, including but not limited to "State of NH - Safety", "NH Department of Safety", "Treasurer - State of NH", or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the state of New Hampshire.

 

          (d)  The fee required by this section shall be waived for members of the armed forces if the applicant meets the requirements of RSA 263:11 and (e) below.

 

          (e)  Each applicant for a fee waiver shall furnish the following on form DSMV 76:

 

(1)  An affidavit, which shall include:

 

a.  Name and New Hampshire address of record;

 

b.  Branch of the armed forces;

 

c.  City or town where the applicant entered the armed forces;

 

d.  Certification that the applicant's tour of duty is for 2 or more years;

 

e.  Date on which tour of duty shall terminate;

 

f.  Certification that the applicant's driving privileges are not under suspension or revocation by any jurisdiction; and

 

g.  Service number and date of birth;

 

(2)  Signature of the applicant, made in the presence of a commissioned officer; and

 

(3)  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; ss by #10176, eff 8-23-12

 

          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  40 hours of additional supervised driving time, 10 hours of which shall occur at night, pursuant to RSA 263:19, II, under the supervision of a licensed parent, step parent or legal guardian; or, if there is no licensed parent, step parent or legal guardian, a licensed adult over the age of 25;

 

(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; ss by #10176, eff 8-23-12

 

          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 New Hampshire for the purpose of employment:

 

a.  Visa for employment in the name of the applicant, which may include the applicant’s spouse or dependent;

 

b.  Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating date of entry into the United States, which may include the applicant’s spouse or dependent;

 

c.  Social Security Number Identification card in the name of the applicant 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 New Hampshire for the purpose of attending a learning institution:

 

a.  Visa for attending a learning institution in the name of the applicant, which may include the applicant’s spouse or dependent;

 

b.  Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating date of entry into the United States, which may include the applicant’s spouse or dependent;

 

c.  Valid I-20 form or DS-2019 form issued by Immigration and Customs Enforcement and completed by the learning institution in the name of the applicant  authorizing attendance or that the applicant is a spouse or dependent;

 

d.  Valid optional practical training card in the name of the applicant, if training for a period of time after graduation from a learning institution;

 

e.  Social Security Number Identification card in the name of the applicant 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 New Hampshire:

 

a.  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, and one of the following:

 

1.  Valid permanent resident card in the name of the applicant;

 

2.  Valid I-94 card issued by Immigration and Customs Enforcement in the name of the applicant indicating refugee or asylee status and date of entry into the United States; or

 

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, 23 Hazen Drive, Concord, N.H. 03305.

 

          (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 driver licensing office.

 

          (d)  Subject to the other requirements set forth in these rules, in order to prevent the expiration of a New Hampshire driver license pending an application for an immigration status extension, all non-US citizens who have received an initial driver license as outlined above, shall receive a 120-day extension of a current and valid driver license upon application if they have met the following criteria:

 

(1)  Each person applying for an extension must have continually maintained residency in New Hampshire; and

 

(2)  Each person applying for a 120-day extension shall have applied for an immigration status extension  prior to the expiration of his/her current stay and shall supply the DMV with the with proof of application acceptance by the Department of Homeland Security, U.S. Citizenship and Immigration Services.

 

          (e)  A person who has made application pursuant to (d) above may apply for subsequent 120-day extensions in accordance with (d) above so long as the pending application for an immigration status extension has not been denied.

 

          (f)  Each non-United States citizen applying for an extension described in (d) above shall complete and submit a DSMV 450 form, indicating a request for a replacement driver license for the reason of obtaining a 120-day extension.

 

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; ss by #10176, eff 8-23-12; ss by #11133 (eff 7-2-16); amd by #12614, eff 8-23-18

 

          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

23 Hazen Drive

Concord, N.H.  03305.

 

The letter shall set forth the reasons why there are no readily available means of transportation to and from school, whether public or private, and shall state the reasons why successful completion of a driver education program would cause undue hardship.

 

          (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; ss by #10176, eff 8-23-12

 

          Saf-C 1002.08  Applicant with Out of  State Address.  An application for a driver license that does not bear a legal address within the state of New Hampshire shall be rejected and returned to the applicant, pursuant to Saf-C 1002.09, for the applicant to prove that he/she is a resident of New Hampshire.

 

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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          Saf-C 1002.10  Application Accepted.

 

          (a)  Upon receipt of a completed application, an applicant who is not required to complete a  knowledge 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  knowledge examination or commercial driver license (CDL) knowledge examination may take the examination at any driver licensing office without an appointment.

 

          (c)  Upon receipt of a completed application, an applicant who is required to complete a road skills examination shall schedule an appointment at any driver licensing office during regular business hours.

 

          (d)  The appointment set forth in (c) above, shall include the following:

 

(1)  Location and time; and

 

(2)  Notification that the applicant shall be required to provide proof of positive identification.

 

          (e)  In the event it is necessary for the division to reschedule an appointment, the division shall notify the applicant by letter, or if available, by telephone or e-mail.

 

          (f)  In the event an applicant fails to give the division at least 24 hours notice of his/her inability to appear for a scheduled appointment, the appointment shall be rescheduled no sooner than 30 days after the date of the initial failure to appear.

 

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; ss by #10176, eff 8-23-12

 

          Saf-C 1002.11  Renewal Notification.

 

          (a)  The director shall notify each person holding a valid New Hampshire driver license approximately 45 days prior to the expiration date of the license, of the location and time when he/she shall appear for the issuance of a new license and any eligibility for on-line driver license renewal.

 

          (b)  The renewal notification shall be mailed to the person's mailing address, or if the person so chooses, by electronic, telephonic or other means.

 

          (c)  Notwithstanding the provisions of this section, when a computer system failure, incorrect mailing address, interruption in postal service or other difficulty prevents the preparation, notification or receipt of the notification, it shall be the applicant’s responsibility to obtain and complete an application form prior to the expiration date of the driver license.

 

          (d)  If an applicant is eligible to renew his/her driver license on-line pursuant to RSA 263:10, II, the applicant shall comply with the procedures set forth in Saf-C 1007.01.

 

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; ss by #10176, eff 8-23-12

 

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)  Knowledge 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; ss by #10176, eff 8-23-12

 

          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 knowledge examination set forth in Saf-C 1005.01; and

 

(3)  The road skills examination set forth in Saf-C 1006.01.

 

          (b)  In the event an applicant's New Hampshire driver license has been expired, suspended or revoked for a period in excess of 3 years prior to receipt of the application by the division, the applicant shall complete the requirements set forth in (a) above.

 

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; ss by #10176, eff 8-23-12

 

          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 60-day temporary paper driver license shall be issued to the applicant.

 

          (d)  When the director determines that the surrendered driver license is not under suspension or revocation and that the applicant has no pending actions, the director shall mail the New Hampshire driver license to the applicant, valid for the remainder of the 5-year license period.

 

(e)  Each applicant who indicates that 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 New Hampshire driver license until the director determines that:

 

(1)  The previous driver license is not under suspension or revocation;

 

(2)  The applicant was actually issued a valid driver license by the other jurisdiction;

 

(3)  The applicant has no pending actions in any other jurisdiction; and

 

(4)  The applicant submits form DSMV 90 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 knowledge 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; ss by #10176, eff 8-23-12

 

          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 knowledge examination set forth in Saf-C 1005.01; and

 

(3)  The road skills examination set forth in Saf-C 1006.01.

 

          (b)  In the event a non-United States citizen surrenders a driver license from 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 indicate, in writing, that he/she:

 

(1)  Has never held a driver license from his/her home country; or

 

(2)  Has held a driver license in the United States.

 

          (d)  In the event a non-United States citizen who is temporarily residing in New Hampshire has never held a driver license, pursuant to (c) above, he/she shall be required to complete an approved driver education program, pursuant to Saf-C 3100, prior to being issued a New Hampshire driver license.

 

          (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 New Hampshire 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; ss by #10176, eff 8-23-12

 

          Saf-C 1003.05  Original Motorcycle License and 3-Wheeled Motorcycle Endorsement, Examinations Required.

 

          (a)  Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who holds a valid New Hampshire driver license of any other class, shall satisfactorily complete the following in the order reflected, in order to be issued a motorcycle learner's permit:

 

(1)  The visual acuity examination set forth in Saf-C 1004.01; and

 

(2)  The knowledge examination set forth in Saf-C 1005.01.

 

          (b)  Upon satisfactory completion of the requirements set forth in (a) above, a motorcycle learner's permit shall be issued to the applicant 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 45 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 or 3-wheeled motorcycle endorsement, who holds no other class of New Hampshire driver license, shall satisfactorily complete the following in the order reflected:

 

(1)  The visual acuity examination set forth in Saf-C 1004.01;

 

(2)  The knowledge examination set forth in Saf-C 1005.01; and

 

(3)  The motorcycle skills examination set forth in Saf-C 1006.04.

 

          (g)  Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who holds a valid New Hampshire driver license of any other class or who has previously been issued a motorcycle learner's permit, shall satisfactorily complete the following in the order reflected:

 

(1)  The visual acuity examination set forth in Saf-C 1004.01; and

 

(2)  The motorcycle skills examination set forth in Saf-C 1006.04.

 

          (h)  Each applicant for an original motorcycle license or 3-wheeled motorcycle endorsement, who has completed an approved motorcycle rider education program within one year prior to receipt of the application by the division, shall be required to complete the visual acuity examination set forth in Saf-C 1004.01.

 

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; ss by #10176, eff 8-23-12

 

          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 knowledge 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; ss by #10176, eff 8-23-12

 

          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 knowledge examination set forth in Saf-C 1005.01;

 

(3)  The road skills examination set forth in Saf-C 1006.01; and

 

(4)  Payment of the statutory fee, pursuant to RSA 263:42.

 

          (c)  Any person under the age of 18, who surrenders 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; ss by #10176, eff 8-23-12

 

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 electronic vision 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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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 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; ss by #10176, eff 8-23-12

 

PART Saf-C 1005  WRITTEN EXAMINATION REQUIREMENTS

 

          Saf-C 1005.01  Knowledge Examination: Description.

 

          (a)  The knowledge examination shall consist of up to 50 multiple choice questions designated by the director, according to the class of driver license(s) requested by the applicant.

 

          (b)  Each question shall have multiple answers, only one which is correct.

 

          (c)  Each question shall focus on the New Hampshire motor vehicle laws according to the class of driver license(s) requested by the applicant.

 

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; ss by #10176, eff 8-23-12

 

          Saf-C 1005.02  Knowledge Examination: Administration.

 

          (a)  Each applicant shall have up to 60 minutes to complete the written examination, according to the class of driver license(s) requested by the applicant.

 

          (b)  Each applicant discovered cheating in any way, or consulting with any person other than authorized licensing personnel, shall be immediately disqualified and re-scheduled for an examination no sooner than 30 days later.

 

          (c)  Each applicant shall pass the knowledge examination if 80% of the answers are correct.

 

          (d)  Knowledge 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; ss by #10176, eff 8-23-12

 

          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 knowledge examination set forth in Saf-C 1005.01, with the assistance of an interpreter.

 

          (d)  An applicant whose interpreter is discovered cheating in any way, or consulting with any person other than authorized licensing personnel, shall be immediately disqualified and rescheduled pursuant to Saf-C 1005.02(b).  The applicant shall not be permitted to appear at the rescheduled time with the same interpreter and shall be rescheduled for the examination no sooner than 30 days later.

 

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; ss by #10176, eff 8-23-12

 

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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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 that are registered in New Hampshire shall comply with all New Hampshire inspection laws and rules.

 

          (c) Test vehicles that are registered by a state other than New Hampshire shall be in safe operating condition.

 

          (d)  The test vehicle's size, weight, character and equipment shall conform with the class of driver license requested by the applicant.

 

          (e)  Other than motorcycles, the test vehicle shall provide the examiner with a permanently attached seat which allows the examiner accessibility to vehicle control mechanisms.

 

          (f)  No person shall be allowed to ride in the test vehicle during a road skills examination, other than the applicant, the examiner and if applicable, an examiner in training.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12

 

          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)  Cone weave;

 

(5)  "U" turns;

 

(6)  Quick stop; and

 

(7)  Obstacle turn.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

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, as follows:

 

(1)  Criteria for allowing an additional test on a single day for an applicant shall include, but not be limited to:

 

a.  Malfunction of computer-based testing software, through no fault of the applicant;

 

b.  Weather conditions which would present a risk to the applicant or the motoring public; and

 

c.  Traffic conditions that would not allow for an applicant to demonstrate basic skill; and

 

(2)  The employee of the division who believes that a testing condition might exist that warrants a review by the director, shall initiate a request for a review to his or her supervisor, who shall forward the request to the director.

 

          (b)  Notwithstanding Saf-C 1006.07 (c) below, the applicant shall be advised of the specific reason(s) for failure.  The director shall also designate a subsequent date for a reexamination, which shall be no sooner than 10 days after failure of the examination, unless the conditions outlined in (c), (e), or (h) apply, in which case no reexamination date shall be set.

 

(c)  If an applicant fails the road skills examination 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 5 hours of behind the wheel training with an approved NH driving school and 10 hours of documented supervised driving in accordance with NH RSA 263:25.  No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day. 

 

          (d)  Upon submitting the required documentation in (c) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.

 

(e)  In the event an applicant fails the road skills examination an additional 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25.  No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day. 

 

(f)  Upon submitting the required documentation in (e) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.

 

(g)  In the case of an applicant who has failed a road skills examination pursuant to Saf-C 1006.02(b), no further road skills examinations shall be scheduled until the applicant has submitted documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25, at which time Saf-C 1006.07(d) and (f) shall again apply.

 

(h)  Any applicant that has failed the road skills examination pursuant to Saf-C 1003.01, 9 times, shall be denied any further road skills examinations for a period of 3 months.

 

(i)  For the purpose of this section, an “approved NH driving school” means an entity meeting the requirements of RSA 259:26 and is licensed pursuant to Saf-C 3100.

 

(j)  For the purposes of this section, “documented” means a written log showing hours of supervised driving.

  

(k)  The provisions of this rule concerning eligibility for retesting shall be applied to applicants who have been barred from additional testing based solely on the number of previous attempts, or had reached a “final” test attempt prior to the adoption date of this rule.

 

(l)  For the purposes of this section, “behind the wheel training” means the applicant driving, as defined in RSA 259:25 while being trained by an instructor employed by an approved NH driving school.

 

(m)  For the purposes of this section, “supervised driving” means the applicant driving, as defined in RSA 259:25, while being supervised by a person meeting the requirements in RSA 263:25.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12; ss by #12614, eff 8-23-18

 

PART Saf-C 1007  RENEWAL DRIVER LICENSE REQUIREMENTS

 

          Saf-C 1007.01  Renewal Driver License, Examinations Required.

 

          (a)  Each applicant who appears in person at any driver licensing office for a renewal driver license shall complete the visual acuity examination set forth in Saf-C 1004.01.

 

          (b)  Each applicant who is eligible to renew a driver license on-line, pursuant to RSA 263:10, shall attest to the fact that he/she meets the visual acuity requirement, pursuant to Saf-C 1004.01.

 

          (c)  Each applicant for a renewal driver license shall be required to complete a road skills examination if the director has any reason to believe the applicant would be a hazard to public safety if licensed to drive, as a result of an apparent psychological or physical impairment.

 

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; ss by #9944, INTERIM, eff 7-15-11, EXPIRES: 1-11-12; ss by #10176, eff 8-23-12

 

          Saf-C 1007.02  Absence from New Hampshire.

 

          (a)  Notwithstanding any other provision to the contrary, the director shall postpone any examination required for a renewal driver license if the director determines that:

 

(1)  The applicant will be absent from New Hampshire at the time the applicant's current driver license expires; and

 

(2)  The applicant is unable to renew 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 driver license.

 

          (c)  Upon receipt of a completed form DSMV 450 and the statutory fee, a 6 month driver license shall be issued to the applicant.

 

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; ss by #10176, eff 8-23-12

 

          Saf-C 1007.03  Extension of Six Month Driver License.

 

          (a)  Each person who remains outside of New Hampshire beyond the expiration date of a 6 month driver license may apply for an extension.

 

          (b)  Each applicant for an extension of a 6 month driver license shall submit a letter to the:

 

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (c)  The letter shall include the following:

 

(1)  A request for an extension of the driver license;

 

(2)  The reason the applicant needs an extension; 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.

 

          (f)  Form DSMV 125 shall be completed by both the applicant and the eye doctor.

 

          (g)  Form DSMV 125 shall be submitted to the:

 

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (h)  Each applicant shall furnish the following on form DSMV 125:

 

(1)  Name and date of birth;

 

(2)  New Hampshire driver license number;

 

(3)  Legal New Hampshire address;

 

(4)  Temporary out of state address; and

 

(5)  Signature of the applicant.

 

          (i)  The eye doctor 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; and

 

(3)  Signature of the eye doctor and date signed.

 

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; ss by #10176, eff 8-23-12

 

.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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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; ss by #10176, eff 8-23-12

 

          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.

 

          (c) Any person who requests removal of the restricted driver license limited to daylight hours shall submit documentation from his/her eye doctor that the person is able to safely drive a motor vehicle at night.

 

Source.  #6265, eff 6-11-96, EXPIRED: 6-11-04

 

New.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12

 

          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)  The director shall require each applicant with a missing or damaged limb to pass a road skills examination with a vehicle having an automatic transmission prior to issuing the applicant a restricted driver license.

 

          (c)  Any person holding a restricted driver license because of a missing or damaged limb shall not drive a motor vehicle on a way within this state with a manual transmission.

 

Source.  #6265, eff 6-11-96, EXPIRED: 6-11-04

 

New.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12

 

          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)  The director shall require each applicant with a disability or handicap to pass a road skills examination with a vehicle having the special equipment prior to issuing the applicant a restricted driver license.

 

          (c)  Any person holding a restricted driver license because of a disability 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; ss by #10176, eff 8-23-12

 

 

          Saf-C 1008.07  Alcohol Ignition Interlock Device.

 

          (a) An applicant who has been required by a court to have an alcohol ignition interlock device installed on a motor vehicle pursuant to RSA 265-A:36, shall be issued a restricted driver license.

 

          (b) Any person holding a restricted driver license because of the requirement for an alcohol ignition interlock device shall not drive a motor vehicle on a way within this state unless the motor vehicle is equipped with an alcohol ignition interlock device.

 

Source.  #10176, eff 8-23-12

 

          Saf-C 1008.08  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 pursuant to Saf-C 1008.05 or Saf-C 1008.06, to pass a road skills examination prior to removing the restriction.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1008.07)

 

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; ss by #10176, eff 8-23-12

 

          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

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (b)  Each request pursuant to (a) above, shall be accepted from the following sources:

 

(1)  A law enforcement officer;

 

(2)  A health care provider, which shall include a school nurse, nursing home administrator or hospital administrator; or

 

(3)  A family member.

 

          (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 knowledge examination set forth in Saf-C 1005.01; and

 

(3)  The road skills examination set forth in Saf-C 1006.01.

 

          (f)  In the event a reexamination is ordered by the director pursuant to (d)(2) above, the high risk driver shall be notified and given 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; ss by #10176, eff 8-23-12

 

PART Saf-C 1010  INACTIVE STATUS

 

          Saf-C 1010.01  Inactive Status for Purpose of Evaluation.

 

          (a)  A high risk driver, as defined in Saf-C 1009.01, whose driver license or driving privileges are 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 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 Saf-C 1009.02; or

 

(2)  The high risk driver's physical, medical or psychological condition.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.03)

 

          Saf-C 1010.02  Approval for Certified Driver Rehabilitation Program.

 

          (a)  In order to be approved by the director as an approved driver rehabilitation program, each program shall:

 

(1)  Be an approved driver education 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.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.04)

 

          Saf-C 1010.03  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 New Hampshire for at least 3 years;

 

(3)  Be certified as a driver rehabilitation specialist by the Association for Driver Rehabilitation Specialists (ADED); and

 

(4)  Be employed or under contract with an approved certified driver rehabilitation program, pursuant to Saf-C 1010.02.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.04)

 

          Saf-C 1010.04  Request for Inactive Status for Purpose of Evaluation.

 

          (a)  An approved driver 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)  Legal address;

 

(5)  Date of evaluation;

 

(6)  Expected time the evaluation will begin;

 

(7)  Expected time the evaluation will finish;

 

(8)  Reason for the evaluation; and

 

(9)  Signature of the certified driver rehabilitation instructor.

 

          (c)  The program shall submit the form in (b) above, within 5 working days of the date of the evaluation, to the:

 

Driver Licensing Section

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (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;

 

(3)  The certified driver rehabilitation instructor ends the evaluation 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 the evaluation.

 

          (g)  Upon completion of the evaluation or in the event that the evaluation 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 the evaluation 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 evaluation ended pursuant to (f)(3) above.

 

          (i)  Notwithstanding any other provision to the contrary, the director shall not 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 a driver rehabilitation evaluation or cannot safely drive a motor vehicle so as not to endanger the public.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.06)

 

          Saf-C 1010.05  Inactive Status for Purpose of Driver Training.

 

(a)  A driver whose driver license or driving privileges are under suspension or revocation

may have his/her driver license temporarily transferred to inactive status in order to allow the person to participate in driver training with an approved driver education school and to be screened on the road when accompanied by a certified driver education instructor or licensing examiner .

 

          (b)  Inactive status pursuant to (a) above, shall be authorized only if the suspension or revocation is based upon failure to pass the road skills examination or for the purpose of practicing driving skills because of a lack of driving skills or ability.

 

Source.  #10176, eff 8-23-12

 

          Saf-C 1010.06  Request for Inactive Status for Purpose of Driver Training.

 

          (a)  An approved driver education school 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 driver education school shall furnish the following on the prescribed form:

 

(1)  Name of person;

 

(2)  Date of birth;

 

(3)  Mailing address;

 

(4)  Legal address;

 

(5)  Date driver training will begin;

 

(6)  Expected length of time for driver training, not to exceed 30 days;

 

(7)  Reason for driver training; and

 

(8)  Signature of the certified driver education instructor.

 

          (c)  The driver education school shall submit the form in (b) above, within 5 working days of the date that driver training will begin, to the:

 

Driver Licensing Section

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (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 driver education school shall immediately notify the division in the event that:

 

(1)  The person cancels driver training;

 

(2)  Driver training is not completed; or

 

(3)  The certified driver education instructor ends driver training because the person is a hazard to him/herself or others.

 

          (g)  Upon completion of driver training or in the event that driver training has ended pursuant to (f)(3) above, the certified driver education 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 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 not transfer a person’s driver license suspension or revocation to inactive status if a determination is made that the person will not benefit from driver 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 education 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 training, passes the required examinations with a licensing examiner and obtains a valid driver license.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1009.07)

 

PART Saf-C 1011  GENERAL ADMINISTRATION

 

          Saf-C 1011.01  Change of Address.  Within 10 days of changing residence and/or mailing address, a licensee shall furnish the following on form DSMV 30:

 

          (a)  Name;

 

          (b)  Date of birth;

 

          (c)  Old address;

 

          (d)  New address; and

 

          (e)  Signature of the licensee.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.01)

 

          Saf-C 1011.02  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 present a copy of one of the following:

 

(1)  Name change petition from the court of Probate;

 

(2)  Marriage certificate;

 

(3)  Divorce decree;

 

(4)  Passport;

 

(5)  Adoption decree; or

 

(6)  Court decree.

 

          (c) The licensee shall surrender 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; ss by #10176, eff 8-23-12 (from Saf-C 1010.02)

 

          Saf-C 1011.03  Change of Gender.

 

          (a)  For the purposes of this rule, “licensed and qualified health care provider” means a treating and licensed:

(1)  Physician;

 

(2)  Psychologist;

 

(3)  Advanced practice registered nurse;

 

(4)  Clinical social worker; or

 

(5)  Clinical mental health counselor.

 

          (b)  An individual may have the gender designation on his or her current driver license or non-driver identification card changed upon completion and submission of form DSMV 626, “Change of Gender Designation”, (rev. 12/2014), which shall include a written certification of the individual’s gender identity by a licensed and qualified health care provider.

 

          (c)  The written certification by the licensed and qualified health care provider shall be signed by a licensed and qualified health care provider under the penalty of unsworn falsification pursuant to RSA 641:3. These certifications shall certify that the individual named in (b) above is currently under the signing health care provider’s care for the change of gender identity, and that in the health care provider’s professional opinion the individual’s gender identity is male or female, and that it is reasonably likely his or her gender identity will remain such for the foreseeable future.

          (d)  The application shall be signed by the applicant under the penalty of unsworn falsification pursuant to RSA 641:3. This signature shall certify that the request for change of gender is for the purpose of ensuring that the applicant’s driver’s license/identification card accurately reflects his or her gender identity, and that the request is not for any fraudulent or unlawful purpose.

 

          (e)  The applicant shall surrender his or her driver license or non-driver identification card and the director shall furnish the applicant with a duplicate driver license or non-driver identification card indicating the new gender upon payment of the statutory fee set forth in RSA 263:42, IV or RSA 260:21, V(a). Notwithstanding any rule to the contrary, a new photograph shall be taken for the duplicate driver license or non-driver identification card.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.03); ss by #10775, eff 1-29-15; ss by #12614, eff 8-23-18

 

          Saf-C 1011.04  Signature Required.

 

          (a)  Each applicant shall electronically 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; ss by #10176, eff 8-23-12 (from Saf-C 1010.04)

 

          Saf-C 1011.05  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 complete and submit form DSMV 637 (rev. 02/2018) and the statutory fee to the division.

 

(c)  In completing the DSMV 637, the applicant shall print clearly and use blue or black ink.

 

(d)  In completing and submitting the DSMV 637, the applicant may optionally indicate:

 

(1)  That the applicant wishes to add a veteran indicator;

 

(2)  That the applicant wishes to have their social security number removed from DMV records, pursuant to RSA 263:40-a;

 

(3)  That the applicant does not wish to have his or her photograph retained in the records of the department pursuant to RSA 260:14;

 

(4)  That the applicant wishes to have his or her legal address appear on the back of his or her license;

 

(5)  That the applicant is 18 years old and consents to registration with the selective service system as required by federal law and RSA 263:5-C; and

 

(6)  That the applicant consents to organ and tissue donation pursuant to RSA 263:41.

 

(e) By signing the DSMV 637, the applicant shall certify that:

 

(1)  The applicant has paid all resident taxes or Interest and Dividends Tax for which he or she is liable, and if required, insurance certificates are on file with the director of motor vehicles;

 

(2)  The applicant’s driving privileges are not subject to or under disqualification, suspension or revocation by any jurisdiction; and

 

(3)  The applicant acknowledges that the application is signed under penalty of unsworn falsification pursuant to RSA 641:3.

 

          (f)  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, unless the applicant’s computerized image is on file with the division.

 

          (g)  Upon receipt of a completed form DSMV 637 and the statutory fee, the director shall issue the applicant a duplicate driver license.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.05); ss by #12614, eff 8-23-18

 

          Saf-C 1011.06  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)  In the event a person changes his/her address and wants the new address printed on the driver license, he/she may obtain a replacement driver license, upon payment of the statutory fee set forth in RSA 263:42, IV-a.

 

          (c)  Each applicant for a replacement driver license shall submit form DSMV 450 to the division.

 

          (d)  Upon receipt of a completed form DSMV 450, the director shall issue the applicant a replacement driver license.

 

          (e)  The applicant shall surrender his/her current driver license to the director, prior to being issued a replacement driver license.

 

          (f)  In the event a licensee obtains walking disability plates or a permanent placard, the division shall issue a replacement driver license bearing the international symbol of accessibility.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.06)

 

          Saf-C 1011.07  Non-Driver Identification Card.

 

          (a)  Each applicant for a non-driver identification card shall submit form DSMV 450 and the statutory fee, to the division.

 

          (b)  In addition to (a) above, the applicant shall surrender any current driver license he/she has been issued.

 

          (c)  Notwithstanding (b) above, an applicant who has been issued a valid temporary driving permit pursuant to the provisions of RSA 265-A:31 shall not be required to surrender his/her driver license as a prerequisite to the issuance of a non-driver identification card, as the applicant's driver license has already been confiscated by a law enforcement officer in accordance with those provisions. 

 

          (d)  Notwithstanding (b) above, an applicant for a non-driver identification card who is 65 years of age or older shall not be required to surrender his/her driver license as a prerequisite to the issuance of  a non-driver identification card.

 

          (e)  Notwithstanding (b) above, upon issuance of a walking disability plate or permanent placard to an unlicensed driver, the division shall issue a non-driver identification card bearing the international symbol of accessibility.

 

          (f)  Upon receipt of a completed form DSMV 450 and the statutory fee, the director shall issue the applicant a non-driver identification card.

 

          (g)  The director shall require the surrender of any non-driver identification card issued upon receipt of information indicating that the person:

 

(1) Misrepresented any information contained on the non-driver identification card to the division;

 

(2)  Knowingly altered any information contained on the non-driver identification card;

 

(3)  Allowed, caused, or permitted another person to use the non-driver identification card; or

 

(4)  Used the non-driver identification card for an illegal purpose.

 

          (h)  The provisions set forth in Saf-C 204.14 shall apply in the event a person makes an unsworn falsification on a non-driver identification card application.

 

          (i)  Any person required to surrender a non-driver identification card pursuant to the provisions of this section shall be entitled to notice and a hearing within 10 days of issuance of the order requiring such surrender.  The hearing shall be conducted in accordance with the provisions of Saf-C 200.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.07)

 

          Saf-C 1011.08  Driver Record History.

 

          (a)  For the purposes of this section, a "driver record history" means the name, date of birth, prior motor vehicle convictions and motor vehicle accidents of a New Hampshire licensed driver.

 

          (b)  Driver record histories shall be available to the public, if applicable, for the following fees:

 

(1)  A certified record:              $15.00 per record.

 

(2)  A non-certified record:       $15.00 per record.

 

(3)  An insurance copy:             $15.00 per record.

 

          (c)  Driver record histories shall be available to an insurance company or authorized agent, if applicable, in accordance with the fees set forth in RSA 260:15.

 

          (d)  Driver record histories shall be furnished at the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305.

 

          (e)  Each person requesting a driver record history shall furnish the division with a complete legal name and date of birth of the person whose history is requested.

 

          (f)  The fee set forth in (b) or (c) above shall be furnished to the division at the time of the request and shall not be refunded for any reason.

 

          (g)  Driver record histories shall not include a person's social security number.

 

          (h)  Each driver record history shall be furnished in accordance with the provisions of RSA 260:14.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.08)

 

          Saf-C 1011.09  Petition For Refund of Driver License Fee.

 

          (a)  Pursuant to RSA 263:43, a driver whose driver license has been voluntarily surrendered because of a physical or mental incapacity may petition the department for a refund of his/her fee for the unexpired full years of his/her driver license.

 

          (b)  The petition shall be submitted to the:

 

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H.  03305.

 

          (c)  The petition shall include the following:

 

(1)  Name and date of birth;

 

(2)  Address and driver license number;

 

(3)  The date the driver license was surrendered;

 

(4)  The reason the driver license was surrendered; and

 

(5)  A request for a prorated refund for the remaining full years.

 

          (d)  The department shall authorize treasury to refund the prorated driver license fee if the director determines that the driver license was voluntarily surrendered because of a physical or mental incapacity.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.09)

 

          Saf-C 1011.10  Waiver of Retention of Image, Likeness or Photograph.

 

          (a)  Any image, likeness or photograph retrieved for the on-line imaging system shall be retained by the department unless an applicant for an original or a renewal driver license, who is a New Hampshire resident, requests a waiver pursuant to this section.

 

          (b)  An applicant may request a waiver by checking the box on form DSMV 450.

 

          (c)  The division shall remove the applicant's image, likeness or photograph from its records, unless the applicant is exempted from such removal in accordance with the provisions of RSA 260:14 or any other law.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.10)

 

          Saf-C 1011.11  Confidentiality of Driver Licensee's Image, Likeness or Photograph.

 

          (a)  Each driver's image, likeness or photograph retained in the division's records shall be confidential, pursuant to RSA 91-A:5, IV and RSA 260:14.

 

          (b)  Notwithstanding (a) above, a driver's image, likeness or photograph shall be released to the following:

 

(1)  Law enforcement agencies for ongoing investigations; or

 

(2)  Other state motor vehicle departments for official driver licensing purposes.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.11)

 

          Saf-C 1011.12  Uniform Organ Donor.

 

          (a)  Every driver licensing office, including substations, shall have literature, including that published by the New England Organ Bank, providing information about organ and tissue donation. All literature and notices shall be placed in an accessible and conspicuous place.

 

          (b)  A licensee may become an organ donor by marking the box in the shape of a heart on form DSMV 450.

 

          (c)  Upon receipt of the information set forth in (b) above, the division shall issue the licensee a replacement driver license bearing a heart symbol in red on the front of the driver license.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.12)

 

          Saf-C 1011.13  Probationary Driver License.

 

          (a)  Each licensee who applies for reissuance of a driver license in accordance with the provisions of RSA 265-A:35 and RSA 262:24 shall be:

 

(1)  Considered an "at risk" driver; and

 

(2)  Issued a probationary driver license for a period of 5 years from the date of reissuance.

 

          (b)  A probationary driver license issued pursuant to this section shall contain red lettering on the driver license number located on the front of the driver license.

 

          (c)  Upon request from the licensee at the expiration of the 5-year period, the division shall issue a replacement driver license without the red lettering.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.13)

 

          Saf-C 1011.14  Autism Spectrum Disorder (ASD) Indication.

 

          (a)  Pursuant to RSA 263:14-b, an applicant for a driver license or nondriver identification card may apply to have “autism spectrum disorder” or “ASD” displayed on his or her driver license or nondriver identification card.

 

          (b)  An applicant shall submit and complete DSMV 643, “Medically Recognized Disorder Indication” form, as revised 1/2020.

 

          (c)  By signing the application under penalty of unsworn falsification, the applicant authorizes the division to add the indication of autism spectrum disorder to his or her driver license identification card, pursuant to RSA 263:41-b.

 

          (d)  On form DSMV 643, as revised 1/2020, the applicant shall provide a licensed physician’s certification confirming the applicant’s medical condition. The certification shall       be signed and dated within 60-days of the applicant’s application.

 

          (e)  The licensed physician’s certification in (d) above shall include:

 

(1)  The name of the licensed physician; and

 

(2)  The name, address and telephone number of the licensed physician’s practice.

 

          (f)  By signing form DSMV 643 as revised 1/2020, under penalty of unsworn falsification, the licensed physician is certifying that the applicant is under the licensed physician’s treatment and care for the designated medical condition.

 

          (g)  Upon receipt of a completed form DSMV 643, as revised 1/2020, in compliance with this section, an applicant shall be given a 60-day temporary driver license or non-driver identification card bearing the approved medically recognized disorder indication.

 

          (h)  An applicant who receives a 60-day temporary driver license or nondriver identification card as provided in (g) above, shall thereafter receive by mail a driver license or non-driver identification card bearing the approved medically recognized disorder indication.

 

Source.  #12957, INTERIM, eff 12-23-20, EXPIRED:
6-22-20

 

PART Saf-C 1012  VANPOOLING

 

          Saf-C 1012.01  Vanpool Operator's Permit.

 

          (a)  The director shall issue at no charge a vanpool operator's permit to any licensed driver who transports no fewer than 8 nor more than 15 people to and from work on a non-profit basis, when the vehicle used is of a type specified in RSA 376:2, XII.

 

          (b)  Each applicant for a vanpool operator’s permit shall submit a letter to the:

 

Driver Licensing Section

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H.  03305.

 

          (c)  Each letter pursuant to (b) above shall include the following:

 

(1)  Name and date of birth;

 

(2)  Legal address;

 

(3)  Height and weight;

 

(4)  Sex;

 

(5)  Color of hair and eyes;

 

(6)  Driver license number;

 

(7)  The following certified statements:

 

a.  The applicant has paid all residence taxes for which he/she is liable;

 

b.  The applicant has filed an insurance certificate with the director;

 

c.  The applicant has no mental or physical handicap which would be detrimental or incapacitate the applicant from holding a vanpool operator's permit;

 

d.  The applicant's driver license is not under suspension or revocation in any  jurisdiction and no legal or administrative action relating to the applicant's operation of a motor vehicle is pending against him/her in any jurisdiction; and

 

e.  The applicant is aware of his/her responsibility to notify the director of any change in the status of an insurance certificate filed with the director in connection with a vanpool operator's permit; and

 

(8)  Signature of the applicant.

 

          (d)  Each applicant shall submit the information in (c) above to the division, along with a certificate from an insurance company indicating that the vehicle used for vanpooling service is covered by a liability insurance policy.

 

          (e)  The insurance policy shall be for at least the following amounts:

 

(1)  $100,000 for injury to or death of one person;

 

(2)  $300,000 for injury to or death of more than one person; and

 

(3)  $20,000 for damage to the property of others.

 

          (f)  Each applicant for a vanpool operator's permit shall produce a valid New Hampshire driver license of the proper classification for the vehicle used for vanpooling service.

 

          (g)  Each applicant shall satisfactorily complete the following in the order reflected:

 

(1)  The visual acuity examination set forth in Saf-C 1004.01; and

 

(2)  The road skills examination set forth in Saf-C 1006.01, in the vehicle which will be used for vanpooling service.

 

          (h)  Each vanpool operator's permit shall be in the form of a sticker affixed to the applicant's New Hampshire driver license.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1011.01)

 

PART Saf-C 1013  SOCIAL SECURITY NUMBERS

 

          Saf-C 1013.01  Social Security Number Waiver.

 

          (a)  Pursuant to RSA 263:40-a, each applicant for a driver license who has not previously been licensed to drive a motor vehicle in this state shall provide his/her social security number to the department.

 

          (b)  Each applicant for a renewal driver license shall be given the opportunity to determine whether to provide his/her social security number to the department.

 

          (c)  Each applicant's social security number obtained pursuant to (a) or (b) above shall be retained by the department unless the applicant requests a waiver to remove the social security number from the department's records.

 

          (d)  An applicant may request a waiver pursuant to (c) above by checking the box on form DSMV 450.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1012.01)

 

          Saf-C 1013.02  Waiver Approval.  Each applicant who requests a social security number waiver, in accordance with Saf-C 1011.01(d), shall receive automatic approval for the waiver.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1012.02)

 

PART Saf-C 1014  PROBLEM DRIVER POINTER SYSTEM

 

          Saf-C 1014.01  Purpose.  The purpose of this part is to establish the procedures to be followed for employers or prospective employers of motor vehicle operators or locomotive operators requesting a problem driver pointer search (PDPS) of employees or prospective employees through the National Driver Register (NDR).

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.01)

 

          Saf-C 1014.02  Definitions.

 

          (a)  "Employee" means a current or prospective employee.

 

          (b)  "Employer" means a current or prospective employer of a motor vehicle operator or locomotive operator.

 

          (c)  "Entity" means an organization, other than a natural person, that can function legally.  "Entity" includes domestic and foreign corporations, profit and not-for-profit unincorporated associations, business trusts, estates, partnerships, trusts, and federal, state and local political subdivisions.

 

          (d)  "National Driver Register (NDR)" means the register established under section 203 of Pub. L. 97-364, the National Driver Register Act of 1982.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.02)

 

          Saf-C 1014.03  Individual Requests.

 

          (a)  A person shall submit a request for a check of the PDPS for him/herself, in writing, to:

 

Driver Records

Division of Motor Vehicles

23 Hazen Drive

Concord N.H. 03305.

 

          (b)  Each request pursuant to (a) above shall include the following:

 

(1)  Full legal name;

 

(2)  Any other names used by the person, such as a:

 

a.  Maiden name;

 

b.  Prior name;

 

c.  Nickname; or

 

d.  Professional name;

 

(3)  Mailing address;

 

(4)  Driver license number and the state of issuance;

 

(5)  Date of birth;

 

(6)  Sex;

 

(7)  Height, weight, color of eyes; and

 

(8)  Signature of the person and date signed.

 

          (c)  The following information may also be furnished:

 

(1)  Home telephone number; and

 

(2)  Work telephone number.

 

          (d)  A person may mail the request set forth in (b) and (c) above directly to the NDR at:

 

National Driver Register

1200 New Jersey Avenue, SE, West Building

Washington DC 20590.

 

          (e)  In the event a person chooses to mail the request pursuant to (d) above, the person shall have his/her request notarized.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.03)

 

          Saf-C 1014.04  Employer's Request.

 

          (a)  An employer shall request a check of the PDPS on an employee, in writing, to:

 

Driver Records

Division of Motor Vehicles

23 Hazen Drive

Concord, N.H. 03305.

 

          (b)  Each request pursuant to (a) above shall include the following:

 

(1)  Whether the employer is a motor vehicle employer or railroad company;

 

(2)  Name of employer or agency;

 

(3)  Name of person to whose attention the information shall be sent;

 

(4)  Business telephone number;

 

(5)  Mailing address;

 

(6)  Employee/driver's full legal name;

 

(7)  Any other names used by the employee/driver, such as a:

 

a.  Maiden name;

 

b.  Prior name;

 

c.  Nickname; or

 

d.  Professional name;

 

(8)  The employee/driver's:

 

a.  Mailing address;

 

b.  New Hampshire driver license number;

 

c.  Date of birth;

 

d.  Sex;

 

e.  Height, weight, color of eyes; and

 

f.  Signature of the employer and date signed.

 

          (c)  The following may also be furnished:

 

(1)  The employee’s home telephone number; and

 

(2)  The employee’s work telephone number.

 

          (d)  The request set forth in (b) and (c) above may be submitted by the employer or the employee, as follows:

 

(1)  Mail directly to the division at:

 

Driver Records

Division of Motor Vehicles

23 Hazen Drive Concord, N.H. 03305; or

 

(2)  Appear personally at the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305.

 

          (e)  In the event an employer or employee chooses to mail the request pursuant to (d)(1) above, or the employer appears personally, pursuant to (d)(2) above, the employee/driver shall have the request notarized.

 

          (f)  In the event an employee/driver chooses to appear personally at the division, pursuant to (d)(2) above, the person shall provide positive proof of identification, including a:

 

(1)  State-issued photo identification card;

 

(2)  Valid photo driver license;

 

(3)  Valid military identification; or

 

(4)  Valid passport.

 

          (g)  The division employee accepting a request from an employee/driver shall furnish the following on the written request:

 

(1)  The date the request was received;

 

(2)  The date the request was sent;

 

(3)  Proof of positive identification presented; and

 

(4)  Division employee's name and signature.

 

          (h)  The division shall not process the record check request if:

 

(1)  The request is incomplete, in accordance with the requirements set forth in Saf-C 1002.09;

 

(2)  The request is illegible, in accordance with the requirements set forth in Saf-C 1002.09;

 

(3)  No employer is named on the request, in accordance with the requirements set forth in Saf-C 1002.09;

 

(4)  The name of the employer on the request is changed; or

 

(5)  The employee/driver is not licensed in New Hampshire.

 

          (i)  Upon receipt of a completed request and the statutory fee, the division shall transmit the employee/driver's record check request to the PDPS.  Upon receipt of a response, the division shall mail any record from the PDPS to the employer named in the request.

 

          (j)  All completed requests shall be maintained by the division for 5 years.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.04)

 

          Saf-C 1014.05  Fee.  Pursuant to RSA 263:42, VIII, the fee for each search of the PDPS conducted by the division for an employer or entity shall be $10.00.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.05)

 

          Saf-C 1014.06  Waiver of Fee.

 

          (a)  Pursuant to RSA 263:42, VIII, an employer or entity may request from the commissioner a waiver of the fee for the PDPS search.

 

          (b)  A request for a waiver of the fee, pursuant to (a) above, shall be made in writing and sent to the commissioner at the:

 

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305.

 

          (c)  The request for a waiver shall include the following:

 

(1)  Name and address of the employer or entity requesting the waiver;

 

(2)  Date the PDPS search was initiated, if applicable; and

 

(3)  Reasons(s) why a waiver of the fee is in the public interest.

 

          (d)  The commissioner shall review the information provided in (c) above and make a determination whether to grant or deny the waiver of the fee for the PDPS search.

 

          (e)  The commissioner shall notify the employer or entity, in writing, of the determination whether the request of a waiver of the fee for the PDPS search has been granted or denied.

 

Source.  #8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1013.06)

 

PART Saf-C 1015  LIMITED PRIVILEGE LICENSES

 

          Saf-C 1015.01  Purpose.  The purpose of these rules is to provide the process by which the department shall issue limited privilege licenses to certain persons convicted of a first offense under RSA 265-A:2, I, when a court has ordered the restoration of the person’s operator’s license, pursuant to RSA 263:57-b.

 

Source.  #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17

 

          Saf-C 1015.02  Definitions.

 

          (a)  “Enhanced technology ignition interlock device” means “enhanced technology ignition interlock device” as defined in RSA 259:28-b, namely, “an ignition interlock device equipped with a camera and which is capable of transmitting data as events occur.”

 

          (b)  “Financial responsibility” means an SR-22 certificate or other proof of financial responsibility acceptable pursuant to RSA 264:21.

 

          (c)  “First offense” means the first and only conviction for RSA 265-A:2, I.

 

          (d)  “Operator’s license” means a license issued by the State of New Hampshire to drive a non-commercial motor vehicle.

 

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

 

Source.  #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17

 

          Saf-C 1015.03  Issuance of Limited Privilege License.  The department shall issue a limited privilege license pursuant to RSA 263:57-b upon receipt of all of the following:

 

          (a)  A completed “Application for Driver License or Non-Driver ID Card,” form DSMV 450 (rev. 10/16).

 

          (b)  Certified order from a New Hampshire court, granting a petition for a limited privilege license, bearing the court’s certification on every page, including all pages of documents submitted to the court by the applicant and incorporated by reference in the order;

 

          (c)  Proof of financial responsibility in accordance with RSA 265-A:28;

 

          (d)  Certificate of installation of an approved enhanced technology ignition interlock device; and

 

          (e)  Payment of the fee required by RSA 263:42, V(b).

 

Source.  #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17

 

          Saf-C 1015.04  Denial of Limited Privilege License.  Notwithstanding the provisions of Saf-C 1015.03, the department shall deny an application for a limited privilege license if:

 

          (a) The applicant’s operator’s license is currently under suspension or revocation for a reason independent of a first and only conviction under RSA 265-A:2, I; or

 

          (b)  The application fails to comply with these rules.

 

Source.  #12020, INTERIM, eff 10-26-16, EXPIRES: 4-24-17; ss by #12162, eff 4-24-17

 

APPENDIX

 

RULE

SPECIFIC STATE STATUTE THE RULE IMPLEMENTS

Saf-C 1001.01-1001.02

RSA 541-A:7

Saf-C 1001.03

RSA 259:13

Saf-C 1001.04

RSA 259:19

Saf-C 1001.05

RSA 259:20

Saf-C 1001.06

RSA 259:22

Saf-C 1001.07-1001.13

RSA 541-A:7

Saf-C 1001.14

RSA 21:6-a

Saf-C 1001.15

RSA 21:6

Saf-C 1001.16

RSA 541-A:7

Saf-C 1002.01(a)-(b)

RSA 21-P:14, IV(a); RSA 260:5; RSA 263:5

Saf-C 1002.01(c)

RSA 263:5; RSA 263:57-b

Saf-C 1002.02(a)(7)

RSA 263:5

Saf-C 1002.03

RSA 21-P:14, IV(a); RSA 260:5; RSA 263:5

Saf-C 1002.04

RSA 21-P:14, IV(g); RSA 260:5; RSA 263:42

Saf-C 1002.05

RSA 21-P:14, IV(d); RSA 260:5; RSA 263:17; RSA 263:19

Saf-C 1002.06

RSA 260:5; RSA 263:39-a

Saf-C 1002.06(e)

RSA 21-P:14, IV(e); RSA 263:39-a, I

Saf-C 1002.07

RSA 21-P:14, IV(d); RSA 260:5; RSA 263:21

Saf-C 1002.08-1002.10

RSA 21-P:14, IV(a)(b)(d); RSA 260:5; RSA 263:5; RSA 263:6

Saf-C 1002.11

RSA 21-P:14, IV(d); RSA 260:5; RSA 263:10

Saf-C 1003.01-1003.04

RSA 21-P:14, IV(b)(d); RSA 260:5; RSA 263:6; RSA 263:39-a

Saf-C 1003.05

RSA 21-P:14, IV(b)(d); RSA 260:5; RSA 263:31; RSA 263:32

Saf-C 1003.06

RSA 21-P:14, IV(b)(d); RSA 260:5; RSA 263:33-a

Saf-C 1003.07-1006.07

RSA 21-P:14, IV(b)(d); RSA 260:5; RSA 263:6

Saf-C 1006.07

RSA 21-P:14, IV(b); RSA 260:5; RSA 263:7

Saf-C 1007.01

RSA 21-P:14, IV(b)(d); RSA 263:7; RSA 263:10

Saf-C 1007.02-1007.03

RSA 21-P:14, IV(n); RSA 260:5; RSA 263:5-a

Saf-C 1008.01-1008.08

RSA 21-P:14, IV(c); RSA 260:5; RSA 263:13; RSA 265-A:36

Saf-C 1009.01-1009.02

RSA 21-P:14, IV(b); RSA 260:5; RSA 263:7

Saf-C 1010.01-1010.06

RSA 21-P:14, IV(j); RSA 260:5; RSA 263:64-b

Saf-C 1011.01-1011.02

RSA 21-P:14, IV(a); RSA 260:5; RSA 263:9

Saf-C 1011.03

RSA 21-P:14, IV(a); RSA 263:5

Saf-C 1011.04

RSA 21-P:14, IV(a); RSA 260:5; RSA 263:9

Saf-C 1011.05

RSA 21-P:14, IV(a); RSA 263:5

Saf-C 1011.06

RSA 21-P:14(d); RSA 260:5

Saf-C 1011.07

RSA 260:5; RSA 260:21

Saf-C 1011.08

RSA 21-P:14, IV(g); RSA 260:5; RSA 260:15; RSA 263:42

Saf-C 1011.09

RSA 21-P:14, IV(h); RSA 260:5; RSA 263:43

Saf-C 1011.10-1011.11

RSA 21-P:14, IV(a); RSA 260:5; RSA 260:14, VIII-a; RSA 263:40-a

Saf-C 1011.12

RSA 21-P:14, IV(f)(o); RSA 260:5; RSA 260:10-a, II; RSA 263:41

Saf-C 1011.13

RSA 21-P:14, IV(d); RSA 260:5; RSA 262:24; RSA 265-A:35

Saf-C 1012.01

RSA 21-P:14, IV(l); RSA 376:2, XII

Saf-C 1013.01-1013.02

RSA 21-P:14, IV(a); RSA 260:5; RSA 263:40-a

Saf-C 1014.01-1014.04

RSA 21-P:14, IV(t); RSA 260:5

Saf-C 1013.01-1013.04

RSA 21-P:14, IV(t); RSA 260:5

Saf-C 1014.05-1014.06

RSA 21-P:14, IV, (g)(t); RSA 260:5; RSA 263:42, VIII

Saf-C 1015

RSA 263:5; RSA 263:57-b