CHAPTER Saf-C 1500 RESTORATION FEE WAIVER
Statutory
Authority: RSA 263:42, V and RSA
261:141, X
PART Saf-C 1501 DEFINITIONS
Saf-C 1501.01 "Commercial
driver license" means "commercial driver license" as defined in
RSA 259:12-c.
Source. #5346, eff 3-10-92; ss by #6702, eff 3-3-98,
EXPIRED 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.02 "Commissioner"
means “commissioner” as defined in RSA 259:13.
Source. #6702, eff 3-3-98, EXPIRED 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.03 "Department"
means “department” as defined in RSA 259:19.
Source. #6702, eff 3-3-98, EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.04 "Disqualification" means
"disqualification" as defined in RSA 259:20-a.
Source. #6702, eff 3-3-98, EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.05 "License"
means "license" as defined in RSA 259:48.
Source. #6702, eff 3-3-98, EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.06 "Licensee"
means a holder of a driver license that has been under suspension or
revocation, a holder of a commercial driver license that has been under
disqualification, or a person whose registration has been under suspension or
revocation.
Source. #6702, eff 3-3-98, EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.07 "Restoration
fee" means the fee paid by a licensee to restore his or her license or
commercial driver license or registration privileges pursuant to RSA 263:42, V
and 261:141, X.
Source. #6702, eff 3-3-98, EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.08 “Revocation”
means “revocation” as defined in RSA 259:90.
Source. #6702, eff 3-3-98; EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1501.09 "Suspension"
means "suspension" as defined in RSA 259:107.
Source. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
PART Saf-C 1502 PROCEDURE FOR WAIVING RESTORATION FEE
Saf-C 1502.01 Waiver
Qualification. A licensee shall have
his or her restoration fee waived if:
(a) A court cleared the default or unpaid fine
prior to the effective date of the suspension or revocation but the department
did not receive and process evidence of that until after the suspension or
revocation went into effect;
(b) One of the following court-initiated errors
occurs:
(1) The default was issued in error;
(2) Payment of a fine was processed but the
licensee was not provided with a receipt or notice of cleared default from the
court; or
(3) The court failed to file an amended court
abstract with the department;
(c) One of the following law
enforcement-initiated errors occurs:
(1) A summons was issued in the name of someone
other than the person stopped for the violation;
(2) The police department intended to nol pros a violation but inadvertently neglected
to do so; or
(3) A warning was issued to the licensee but was
erroneously processed as a summons;
(d) One of the following department-initiated
errors occurs:
(1) A computer system malfunction has occurred;
or
(2) A data entry error has occurred; or
(e)
The original action was overturned as a result of an appeal.
Source. #5346, eff 3-10-92; ss by #6702, eff 3-3-98,
EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
Saf-C 1502.02 Granting
the Waiver.
(a) The commissioner shall waive a restoration
fee upon receipt of a written request from a person, along with evidence of one
or more of the items listed in Saf-C 1502.01.
(b) The commissioner shall inform the bureau of
financial responsibility, to which the fees are paid, that a licensee has been
granted a waiver of the restoration fee.
Source. #5346, eff 3-10-92; ss by #6702, eff 3-3-98,
EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
PART Saf-C 1503 PREREQUISITE TO RECEIVING LICENSE
Saf-C 1503.01 Prerequisite. Any person who receives a waiver of a
restoration fee shall have his or her license restored only if all the
conditions set forth in Saf-C 205.01(a), (c) and (d)
have been met.
Source. #5346, eff 3-10-92; ss by #6702, eff 3-3-98,
EXPIRED: 3-3-06
New. #8785, eff 1-3-07, EXPIRED: 1-3-15
New. #11172, INTERIM, eff
8-29-16, EXPIRED: 2-25-17
New. #12212, eff 6-16-17
APPENDIX
Rul |
Statute |
Saf-C 1501.01 |
RSA
259:12-c |
Saf-C 1501.02 |
RSA
259:13 |
Saf-C 1501.03 |
RSA
259:19 |
Saf-C 1501.04 |
RSA
259:20-a |
Saf-C 1501.05 |
RSA
259:48 |
Saf-C
1501.06-1501.07 |
RSA
541-A:7 |
Saf-C 1501.08 |
RSA
259:90 |
Saf-C 1501.09 |
RSA
259:107 |
Saf-C
1502.01-1503.01 |
RSA
261:141, X; RSA 263:42, V |