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