CHAPTER Saf-C 2000  DEALER REGISTRATION RULES

 

Statutory Authority:  21-P:14, III(w), (x), (y), (z), (aa), RSA 261:97.

 

PART Saf-C 2001  DEFINITIONS

 

Saf-C 2001.01  “Applicant” means a person intending to fulfill statutory and administrative requirements for issuance of a valid automotive recycling, retail vehicle, repairer, transporter, utility or auto wholesale dealer license or registration.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.01); amd by #5502, eff 11-12-92; amd by #6024, eff 4-26-95; amd by #6572, INTERIM, eff 9-2-97, EXPIRED 12-31-97; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.02  “Automotive recycling dealer” means “junk motor vehicle dealer” as defined in RSA 236:112, V(c) and RSA 259:47.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.04); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.03  “Auto wholesale dealer” means “auto wholesale dealer” as defined in RSA 259:5-a. The term includes “wholesale dealer”.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.07); amd by #5502, eff 11-12-92; ss by #6663, eff 1-1-98, EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.04  “Commissioner” means “commissioner” as defined in RSA 259:13.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.09); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.05  “Department” means “department” as defined in RSA 259:19.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.10); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.06  “Dealer” means “dealer” as defined in RSA 259:18.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.11); amd by #5502, eff 11-12-92; amd by #6572, INTERIM, eff 9-2-97, EXPIRED 12-31-97; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98 ; ss by #6663, eff 1-1-98, EXPIRED:
1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.07  “Demonstration purposes” means to permit a customer to operate a vehicle for the purposes of a test drive.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.12); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-9,  EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.08  “Director” means “director” as defined in RSA 259:20.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.13); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.09  “Division” means “division” as defined in RSA 259:22.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.14); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.10 “Established place of business” means “established place of business” as defined in RSA 259:29-a.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.15); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.11  “Full-time employee” means an employee of a dealer who works at least 37 ½  hours per week, as demonstrated by payroll records.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.16); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED:
1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.10)

 

Saf-C 2001.12  “Motor vehicle business” means “motor vehicle business” as defined in RSA 259:60-a.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.17); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.11)

 

Saf-C 2001.13  “Person” means a natural person, corporation, partnership, association, firm or other legally recognized entity.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.18); amd by #5502, eff 11-12-92; ss by #6663, eff 1-1-98; EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.12)

 

Saf-C 2001.14  “Personal use” means operation of a motor vehicle with dealer plates for reasons not directly connected with the business.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.19); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.13)

 

Saf-C 2001.15  “Regular business hours” means business conducted at least 37 ½ hours per week.

 

Source.  #5251, eff 10-21-91; ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.14)

 

Saf-C 2001.16  “Retail vehicle dealer” means “retail vehicle dealer” as defined in RSA 259:89-a.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1101.20); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.15)

 

Saf-C 2001.17  “Repairer” means “repairer” as defined in RSA 259:87.

 

Source.  #6663, eff 1-1-98, EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2001.16)

 

Saf-C 2001.18  “Single business location” means an approved business location housing one business and any annexes in the same city or town which do not require a separate license or certificate of registration.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.19  “Transfer of ownership” means a change in ownership of a dealer’s business in excess of 50 percent of the assets of the business.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.20  “Transporter” means “transporter” as defined in RSA 259:114.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.21  “Utility dealer” means “utility dealer” as defined in RSA 259:121.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2001.22  “Valid consignment agreement” means a written contract in which a dealer agrees to sell a vehicle for the registered owner.

 

Source.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

PART Saf-C 2002  GENERAL ADMINISTRATION

 

Saf-C 2002.01  Forms.

 

(a) All forms may be obtained in person, by telephone or by mail, from the Dealer Desk, Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H., 03305, or at any motor vehicle substation.

 

(b) Whenever a person is required to complete a form, the following shall apply:

 

(1)  Forms shall be filled out completely; and

 

(2)  Forms shall be typewritten or completed in a legible manner.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1102.01(b)); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2002.02  Incomplete Forms.

 

(a)  All forms shall be reviewed by the division in accordance with RSA 541-A:29.

 

(b)  The submitting party shall be notified of any apparent errors or omissions and allowed to

resubmit the form to the division.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1102.02); amd by #5502, 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.05), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2002.03  Failure to Comply with Statute or Rule.

 

(a)  In the event an applicant fails to comply with an applicable statute or rule, the application shall not be processed.

 

(b)  The applicant shall be notified of the reason(s) for the rejection.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1102.03); amd by #5502, 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.09), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2002.04  Lost or Stolen Plates.  A person governed by these rules shall immediately report a lost or stolen registration plate or temporary plate to the department in accordance with the procedures set forth in Saf-C 516.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1102.04); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2001.12), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2002.03)

 

PART Saf-C 2003  RETAIL VEHICLE DEALERS

 

Saf-C 2003.01  Applicant for Retail Vehicle Dealer License.

 

(a)  An applicant for a retail vehicle dealer license or registration shall be the owner of the business, or in the case of a corporation, partnership or other legal entity, a person with specific written authorization to sign the application.

 

(b)  The applicant shall be 18 years of age or older.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1103.02); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.02  Application for Retail Vehicle Dealer License.

 

(a)  An applicant for a retail vehicle dealer license shall submit a completed form DSMV 349 to the department.

 

(b)  A separate form DSMV 349 shall be filed for each established place of business.

 

(c)  An applicant shall furnish the following on form DSMV 349:

 

(1)  Corporate name;

 

(2)  Trade name;

 

(3)  Legal and mailing address of business, including annexes;

 

(4)  List of all owners, partners and officers, including:

 

a.  Name;

 

b.  Home address;

 

c.  Home telephone number;

 

d.  Date of birth; and

 

e.  Title;

 

(5)  Business telephone number;

 

(6)  Days and hours of operation;

 

(7)  Whether any person listed in (c)(4) above has ever been subject to a civil judgment connected with a motor vehicle business;

 

(8)  Whether any person listed in (c)(4) above has been convicted of a crime which has not been annulled by a court;

 

(9)  Whether any person listed in (c)(4) above has been licensed prior to the current application;

 

(10)  Whether the applicant proposes to sell new or used motor vehicles, or both;

 

(11)  Whether the applicant holds a manufacturer’s franchise or contract and if so, the name of the manufacturer;

 

(12)  Whether the applicant complies with applicable building codes, zoning and other land-use regulatory ordinances;

 

(13)  Whether the applicant is principally engaged in the motor vehicle business, as defined in RSA 259:60-a;

 

(14)  The inside dimensions of the building or structure;

 

(15)  Whether the applicant provides mechanical service or repair;

 

(16)  Whether the building is owned or leased; and

 

(17)  Signature of applicant, pursuant to Saf-C 2003.01(a).

 

(d)  For the purposes of (c)(8) above, each person listed in (c)(4) above shall provide a certified copy of his/her criminal record.

 

(e)  Pursuant to RSA 261:103-a, III, each person listed in (c)(4) above shall provide a financial statement dated not earlier than 12 months prior to the date of the application.

 

(f)  For the purposes of (c)(15) above, if the applicant does not have facilities at the established place of business to service or repair motor vehicles, the applicant shall provide a service agreement in accordance with RSA 261:103-a, VI.

 

(g)  For the purposes of (c)(16) above, if the building is leased, the applicant shall provide a copy of the lease agreement.

 

(h)  The applicant shall list the names of all persons authorized to purchase temporary plates on behalf of the established place of business.

 

(i)  For each established place of business, the applicant shall obtain a separate bond in accordance with the requirements of RSA 261:98.

 

(j)  Pursuant to RSA 261:103-a, IX, the applicant shall certify that the established place of business will comply with all state and federal laws and rules pertaining to the selling, financing and titling of motor vehicles.

 

(k)  The applicant shall submit the appropriate fee to the department, pursuant to RSA 261:103-a, X, along with the application.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1103.03); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.03  Structural Requirements for Retail Vehicle Dealer License.

 

(a)  For the purposes of this section, “one building” means a single fully enclosed structure with one footprint.

 

(b)  The following structural requirements shall be met:

 

(1)  There shall be at least one building;

 

(2)  Each structure shall have a permanent heating system that is fully enclosed;

 

(3)  No structure shall have a dirt floor, unless the structure is used exclusively for heavy equipment or farm equipment;

 

(4)  Wood, tile or concrete shall be permitted in addition to any other material capable of bearing the weight of the types of vehicles being operated;

 

(5)  Each structure shall be equipped with electrical outlets in accordance with local code; and

 

(6)  Each structure shall be used for commercial purposes only.

 

Source.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.04  Local Notification and Approval.

 

(a)  Upon receipt of a completed form DSMV 349, the department shall notify the town/city clerk in the municipality where the business is located.

 

(b)  The department shall allow 10 working days for the local government to advise whether or not the applicant’s business conforms with or is in conflict with existing zoning, building code or other land-use regulatory requirements.

 

(c)  In the event the local government fails to advise the department that the applicant is in compliance with the requirements of (b) above, a retail vehicle dealer license shall not be issued until the department receives notification of compliance from the local government.

 

(d)  In the event the local government advises the department that the applicant is not in compliance with the requirements of (b) above, a retail vehicle dealer license shall not be issued, and the department shall notify the applicant, in writing, of the applicant’s responsibility to contact the appropriate local board or officials.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.07), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.05  Investigation.

 

(a)  A highway patrol and enforcement officer or other law enforcement officer authorized by the director shall contact the applicant, at his/her place of business, to determine if the applicant meets the requirements of RSA 261:103-a and Saf-C 2003.03.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.10), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.06  Issuance of Retail Vehicle Dealer License.

 

(a)  The department shall issue a retail vehicle dealer license when the dealer:

 

(1)  Submits a completed form DSMV 349, along with the appropriate fee, pursuant to RSA 261:103-a, X;

 

(2)  Meets the requirements of RSA 259:89-a and 261:103-a;

 

(3)  Obtains a bond pursuant to RSA 261:98;

 

(4)  Meets local approval, pursuant to Saf-C 2003.04; and

 

(5)  Meets the requirements of Saf-C 2003.05.

 

(b)  The retail vehicle dealer shall prominently display the license at the established place of business at all times.

 

(c)  A retail vehicle dealer license shall not be transferred to any other person, business or location and shall not be altered or modified in any manner.

 

(d)  A retail vehicle dealer license shall be presented to any highway patrol and enforcement officer or other law enforcement officer authorized by the director upon demand or surrendered to the department, if required, after a hearing.

 

(e)  A retail vehicle dealer license shall not be issued if any person listed in Saf-C 2003.02(c)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2001.11), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.07  Attendance at Dealer School.

 

    (a)  Upon issuance of a retail vehicle dealer license, at least one of the owners, partners or officers listed in Saf-C 2003.02(c)(4) and all applicable representatives shall attend one session of the department’s weekly dealer school which is held every Thursday at 23 Hazen Drive, Concord, NH, or such other location as the director shall determine.  Each retail vehicle dealer shall also be required to attend refresher sessions of the weekly dealer school, as necessary.

 

(b)  In the event a retail vehicle dealer is deficient in any area necessary to conduct business, the director shall require the dealer to undergo re-training at the weekly dealer school.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2002.03), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.08  Renewal of Retail Vehicle Dealer License.

 

(a)  All retail vehicle dealer licenses shall expire annually on March 31st.

 

(b)  In order to renew a retail vehicle dealer license, each retail vehicle dealer shall:

 

(1)  Submit a completed form DSMV 349 to the department, pursuant to Saf-C 2003.02;

 

(2)  Pay the appropriate fee, pursuant to RSA 261:103-a, X; and

 

(3)  Inform the department of any unreported change in the ownership or location of the business.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2002.04), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2003.09  Application for Retail Vehicle Dealer Registration.

 

(a)  Any licensed retail vehicle dealer may apply for a retail vehicle dealer registration.

(b)  Each applicant for a retail vehicle dealer registration shall submit a completed form DSMV 349 to the department, pursuant to Saf-C 2003.02.

 

(c)  In addition to the structural requirements set forth in Saf-C 2003.03, each applicant for a retail vehicle dealer registration shall meet the following requirements:

 

(1)  Each structure shall have proper signage in accordance with RSA 261:103, II; and

 

(2)  Each structure must have an area of at least 1,200 contiguous square feet which shall:

 

a.  Be capable of storing and displaying motor vehicles indoors;

 

b.  Be accessible by motor vehicles through at least one passage way;

 

c.  Be measured by using the interior perimeter of the building.  Walls within the 1,200 contiguous square feet shall be acceptable as long as the walls have at least one doorway which permits free passage of motor vehicles about the entire 1,200 contiguous square feet;

 

d.  Include display areas, service bays, workbenches, heating units and service desks; and

 

e.  Not include toilet facilities, dining or lounge areas, personal living areas, apartments or any other businesses.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.02)

 

Saf-C 2003.10  Issuance of Retail Vehicle Dealer Registration.

 

(a)  The department shall issue a retail vehicle dealer registration when the licensed dealer:

 

(1)  Submits a completed form DSMV 349, pursuant to Saf-C 2003.02;

 

(2)  Meets the requirements of RSA 261:103 and RSA 261:103-a;

 

(3)  Has been issued a retail vehicle dealer license, pursuant to Saf-C 2003.06; and

 

(4)  Meets the requirements of Saf-C 2003.05 and Saf-C 2003.09(c).

 

(b)  The following factors shall determine the number of plates issued to a dealer:

 

(1)  Number of motor vehicles sold or currently in inventory;

 

(2)  Number of full time employees which are assigned dealer-owned vehicles;

 

(3)  Number of service trucks or tow trucks operated by the dealer; and

 

(4)  Number of family members domiciled in the dealer’s household.

 

(c)  A dealer may request additional plates or return plates to the department during the year if any of the factors in (b) above, change.

 

(d)  A newly licensed retail vehicle dealer shall not be issued additional plates until 120 days after the date the original number of plates was authorized.

 

(e)  The department shall reduce the number of plates issued to a dealer, upon receipt of any information that the factors set forth in (b) above have decreased, after an investigation by a highway patrol and enforcement officer or other law enforcement officer authorized by the director.

 

(f)  A dealer who has had the number of plates issued by the department reduced pursuant to (e) above shall be provided an opportunity for an administrative hearing in accordance with the provisions of PART Saf-C 2010.

 

Source.  #8966, eff 8-23-07

 

Saf-C 2003.11  Renewal of  Retail Vehicle Dealer Registration.

 

(a)  All retail vehicle dealer registrations shall expire annually on March 31st.

 

        (b)  In order to renew a retail vehicle dealer registration, each retail vehicle dealer shall:

 

(1)  Submit a completed form DSMV 349 to the department, pursuant to Saf-C 2003.02;

 

(2)  Inform the department of any unreported change in the ownership or location of the business;

 

(3)  Provide an inventory of all plates issued to the dealer, listed in alphabetical sequence; and

 

(4)  Provide a list of any lost or stolen plates, pursuant to Saf-C 2002.04.

 

Source.  #8966, eff 8-23-07

 

Saf-C 2003.12  Use of Retail Vehicle Dealer Plates.

 

(a)  A dealer shall know the location and user of each dealer plate. If a dealer plate is used for personal use pursuant to RSA 261:111, I, the dealer shall also know the vehicle to which it is assigned.

 

(b)  A dealer plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(c)  A dealer plate shall not be displayed on a vehicle which is the personal property of any person other than the dealer, unless the vehicle is consigned to the dealership for sale, and is evidenced by a written consignment agreement.

 

(d)  Pursuant to RSA 261:111, IV, a dealer may loan or charge a fee for the use of a dealer-registered vehicle only when such vehicle is being operated by a customer whose vehicle is being serviced or repaired by the dealer and its use is for the customer’s convenience.

 

(e)  Pursuant to RSA 266:1, IV, vehicles owned by a dealer shall not be exempt from state inspection requirements, except as specified in RSA 266:1, VIII.

 

(f)  The windshield of a vehicle owned by a dealer shall not be obstructed by windshield advertising while being driven upon a way, in accordance with the provisions of Saf-C 3217.02.

 

(g)  For the purposes of RSA 261:111, II, marked “not for hire” means that the driver side and passenger side doors are marked “not for hire” with lettering 3 inches in height or more.

 

(h)  Retail vehicle dealer plates shall only be used in accordance with the requirements of RSA 261:111. Any other use shall be considered misuse for the purposes of RSA 261:177 and RSA 261:61.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.03)

 

Saf-C 2003.13  Temporary Plates.

 

(a)  Pursuant to RSA 261:109, I, the department shall issue temporary plates to a dealer.

 

(b)  Pursuant to RSA 261:141, I (c), a fee shall be paid to the department prior to the issuance of any temporary plate.

 

(c)  All temporary plates shall be issued sequentially in quantities of 10. Dealers shall account for temporary plates still in the possession of the dealer before requesting additional temporary plates.

 

(d)  Temporary plates shall be issued to authorized persons listed in Saf-C 2003.02(g).

 

(e)  Each person authorized to purchase temporary plates who appears at the counter shall provide proper identification before obtaining any temporary plates. 

 

(f)  For the purposes of (e) above, “proper identification” shall include:

 

(1)  Driver license;

 

(2)  Military card;

 

(3)  Passport; or

 

(4)  Non-driver identification card, as long as it contains a photograph.

 

(g)  Notwithstanding (f) above, temporary plates shall be sold at the counter to persons not authorized to purchase temporary plates, as long as the person produces a written request containing the signature of an authorized person, which is on file with the department.

 

(h)  Purchases paid by check shall be drawn from the dealer’s account unless the purchaser provides a requisition signed by the dealer or other authorized person designated on the current application on file.

 

(i)  The dealer shall provide the buyer with a temporary plate and temporary registration certificate which contains the following information:

 

(1)  Date of issuance;

 

(2)  Buyer’s name, address and date of birth;

 

(3)  Seller’s name, signature and dealer number;

 

(4)  Name of person completing the certificate; and

 

(5)  Make, type, model, color, type of fuel used, odometer reading, vehicle identification number and number of cylinders of vehicle.

 

(j)  Pursuant to RSA 261:110, the dealer shall distribute the temporary registration certificate as follows:

 

(1)  The white copy of the certificate shall be forwarded to the department within 10 days;

 

(2)  The yellow copy of the certificate shall be forwarded to the buyer; and

 

(3)  The pink copy of the certificate shall be retained at the dealer’s authorized business location for a minimum period of 3 years.

 

(k)  Upon issuance of a temporary registration certificate, the dealer shall affix a temporary plate on the rear of the vehicle in the space provided by the manufacturer.  The dealer shall designate the date of issuance on the temporary plate.

 

(l)  A dealer shall issue temporary registration certificates and temporary plates to those out of state residents whose state recognizes such registrations.

 

(m)  A dealer who does not issue a temporary registration certificate and temporary plate to an out-of-state resident pursuant to (l) above shall provide notification of the sale to the director on the prescribed form.

 

(n)  The dealer shall distribute the form in (m) above as follows:

 

(1)  The original shall be forwarded to the department;

 

(2)  A copy shall be forwarded to the out-of-state resident; and

 

(3)  A copy shall be retained at the dealer’s authorized business location for a minimum period of 3 years.

 

(o)  Pursuant to RSA 261:56 and RSA 261:57, no dealer shall issue a temporary registration certificate or temporary plate more than once to the same buyer on the same vehicle.

 

(p)  No dealer shall issue a temporary plate or temporary registration certificate to a vehicle unless:

 

(1)  The vehicle is in compliance with all New Hampshire inspection requirements; and

 

(2)  A valid inspection sticker is affixed to the windshield.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.04)

 

Saf-C 2003.14  Record of Transferred Vehicles.

 

(a)  A dealer shall maintain a record of each transfer of ownership of a vehicle.

 

(b)  Each record shall include the following:

 

(1)  Identity of the vehicle transferred;

 

(2)  Date of transfer; and

 

(3)  Buyer’s name and address.

 

(c)  Each record shall include all transfers of vehicles at wholesale.

 

(d)  Each record shall be maintained by the dealer for a minimum period of 3 years.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.05)

 

Saf-C 2003.15  Sale of Unsafe Vehicle.

 

(a)  Pursuant to RSA 266:8, a dealer who sells a motor vehicle at retail that fails to comply with state inspection requirements shall submit form DSMV 188 to the department.

 

(b)  The dealer shall furnish the following on form DSMV 188:

 

(1)  Signature and number of dealer;

 

(2)  Name and address of dealer;

 

(3)  A statement of the vehicle’s defect;

 

(4)  Make, model, model year, type, vehicle identification number and color of vehicle;

 

(5)  Number of the removed inspection sticker, if available; and

 

(6)  Date of sale.

 

(c)  The dealer shall distribute form DSMV 188 as follows:

 

(1)  The white copy of the form shall be forwarded to the department within 5 days of the date of the sale;

 

(2)  The yellow copy of the form shall be forwarded to the buyer; and

 

(3)  The pink copy of the form shall be retained at the dealer’s authorized business location for a minimum period of 3 years.

 

(d)  Dealers shall not issue temporary plates for unsafe vehicles.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.06)

 

Saf-C 2003.16  Dealer Plates on Trucks for Demonstration Purposes.

 

(a)  Dealer plates shall be affixed to any truck with a gross vehicle weight in excess of 10,000 pounds being used to transport goods for demonstration purposes for a period not to exceed 72 hours.

 

(b)  Each dealer who affixes a dealer plate to a truck pursuant to (a) above shall submit form DSMV 156 to the department.

 

(c)  Each dealer shall furnish the following on form DSMV 156:

 

(1)  Name and address of potential buyer;

 

(2)  Name and address of dealer;

 

(3)  Dealer plate number;

 

(4)  Date and time of issuance;

 

(5) Make, type, model year, color and vehicle identification number of truck being demonstrated; and

 

(6)  Signature of dealer or authorized agent. 

 

(d)  A copy of form DSMV 156 shall be:

 

(1)  Carried in the cab of the truck being demonstrated; and

 

(2)  Displayed upon request of any law enforcement officer or agent of the director.

 

(e)  The dealer shall distribute form DSMV 156 within 5 days of the date of issuance as follows:

 

(1)  A copy shall be retained at the dealer’s authorized business location for a minimum period of 3 years; and

 

(2)  A copy shall be forwarded to the department.

 

(f)  No dealer plate shall be issued to a truck for demonstration purposes pursuant to this section unless the truck is in compliance with all state inspection requirements.

 

(g)  There shall be no extension of the 72 hour period.

 

(h)  A dealer registration shall not be issued more than once to the same person or business for the purposes of demonstrating the same truck.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.07)

 

Saf-C 2003.17  Dealer Plates on Trucks on Loan for Service Purposes.

 

(a)  Dealer plates shall be affixed to any truck with a gross vehicle weight in excess of 10,000 pounds, when driven, in a loaded or unloaded condition, by a customer whose truck is being serviced or repaired by the dealership, for a period not to exceed 72 hours.

 

(b)  Each dealer who affixes a dealer plate to a truck pursuant to (a) above shall submit form DSMV 155 to the department.

 

(c)  Each dealer shall furnish the following on form DSMV 155:

 

(1)  Name and address of customer using the loaned truck;

 

(2)  Name and address of dealer;

 

(3)  Dealer plate number;

 

(4)  Date and time of issuance;

 

(5)  Make; type; model year; color and vehicle identification number of truck being loaned; and

 

(6)  Signature of dealer or authorized agent.

 

(d)  A copy of form DSMV 155 shall be:

 

(1)  Carried in the cab of the truck being loaned; and

 

(2)  Displayed upon request of any law enforcement officer or agent of the director.

 

(e)  The dealer shall distribute form DSMV 155 within 5 days of issuance as follows:

 

(1)  A copy shall be retained at the dealer’s authorized business location for a minimum period of 3 years; and

 

(2)  A copy shall be forwarded to the department.

 

(f)  There shall be no extension of the 72 hour period.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2003.08)

 

PART Saf-C 2004  AUTO WHOLESALE DEALERS

 

Saf-C 2004.01  Issuance of Auto Wholesale Dealer License.

 

(a)  An applicant for an auto wholesale dealer license shall submit a completed form DSMV 349 to the department, pursuant to Saf-C 2003.02.

 

(b)  A separate form DSMV 349 shall be filed for each established place of business.

 

(c)  The department shall issue an auto wholesale dealer license when:

 

(1)  The applicant submits a completed application form DSMV 349, along with the appropriate fee, pursuant to RSA 261:103-a, X;

 

(2)  The applicant meets the requirements of RSA 259:5-a and 261:103-a;

 

(3)  The applicant obtains a bond pursuant to RSA 261:98;

 

(4)  The applicant meets local approval, pursuant to Saf-C 2003.04; and

 

(5)  When a highway patrol and enforcement officer or other law enforcement officer authorized by the director determines, after an investigation, that the applicant meets the requirements of RSA 259:5-a and RSA 261:103-a.

 

(d)  The auto wholesale dealer shall prominently display the license at the established place of business at all times.

 

(e)  An auto wholesale dealer license shall not be transferred to any other person, business or location and shall not be altered or modified in any manner.

 

(f)  An auto wholesale dealer license shall be presented to any highway patrol and enforcement officer or other law enforcement officer authorized by the director upon demand or surrendered to the department, if required, after a hearing.

 

(g)  An auto wholesale dealer license shall not be issued if any person listed in Saf-C 2003.02(c)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

(h)  Upon issuance of an auto wholesale dealer license, the auto wholesale dealer shall attend the dealer school in accordance with the requirements of Saf-C 2003.07.

 

(i)  An applicant whose established place of business is a residence as set forth in RSA 259:29-a, II shall be required to conduct the auto wholesale business in which he/she is engaged at that particular location as defined in RSA 259:76.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1104.01); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2004.02  Renewal of Auto Wholesale Dealer License.  All auto wholesale dealer licenses shall expire annually on March 31st and shall be renewed in accordance with the requirements of Saf-C 2003.08(b).

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1104.02); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss by #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2004.03  Application for Auto Wholesale Dealer Registration.

 

(a)  Any licensed auto wholesale dealer may apply for an auto wholesale dealer registration.

 

(b)  Each applicant for an auto wholesale dealer registration shall submit a completed form DSMV 349 to the department, pursuant to Saf-C 2003.02.

 

(c)  Each applicant for an auto wholesale dealer registration shall have proper signage in accordance with RSA 261:140-a, II.

 

Source.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2004.02)

 

Saf-C 2004.04  Issuance of Auto Wholesale Dealer Registration.

 

(a)  The department shall issue an auto wholesale dealer registration when the dealer:

 

(1)  Submits a completed form DSMV 349, pursuant to Saf-C 2003.02;

 

(2)  Meets the requirements of RSA 261:103-a and RSA 261:140; 

 

(3)  Has been issued an auto wholesale dealer license, pursuant to Saf-C 2004.01; and

 

(4)  Meets the requirements of Saf-C 2004.01(b)(5).

 

(b)  The following factors shall determine the number of plates issued to an auto wholesale dealer:

 

(1)  Volume of business; and

 

(2)  Number of employees transporting vehicles pursuant to RSA 261:140-b.

 

(c)  A dealer may request additional plates or return plates to the department during the year if any of the factors in (b) above, change.

 

(d)  A newly licensed auto wholesale dealer shall not be issued additional plates until 120 days after the date the original number of plates was authorized.

 

(e)  The department shall reduce the number of plates issued to an auto wholesale dealer, upon receipt of any information that the factors set forth in (b) above have decreased, after an investigation by a highway patrol and enforcement officer or other law enforcement officer authorized by the director.

 

(f)  A dealer who has had the number of plates issued by the department reduced pursuant to (e) above shall be provided the opportunity for an administrative hearing in accordance with the requirements of PART Saf-C 2010.

 

Source.  #8966, eff 8-23-07

 

Saf-C 2004.05  Renewal of Auto Wholesale Dealer Registration.  All auto wholesale dealer registrations shall expire annually on March 31st and shall be renewed in accordance with the requirements of Saf-C 2003.11(b).

 

Source.  #8966, eff 8-23-07

 

Saf-C 2004.06  Use of Auto Wholesale Dealer Plates.

 

(a)  An auto wholesale dealer shall know the location and user of each dealer plate as well as the vehicle to which it is assigned.

 

(b)  A dealer plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(c)  Pursuant to RSA 266:1, IV, vehicles owned by an auto wholesale dealer shall not be exempt from state inspection requirements, except as specified in RSA 266:1, VIII.

 

(d)  Auto wholesale dealer plates shall only be used in accordance with the requirements of RSA 261:140-b. Any other use shall be considered misuse for the purposes of RSA 261:177 and RSA 261:61.

 

Source.  #8966, eff 8-23-07 (formerly Saf-C 2004.03)

 

PART Saf-C 2005  AUTOMOTIVE RECYCLING DEALERS

 

Saf-C 2005.01  Application for Automotive Recycling Dealer Registration.

 

(a)  An applicant for an automotive recycling dealer registration shall submit a completed form DSMV 259 to the department.

 

(b)  An applicant shall furnish the following on form DSMV 259:

 

(1)  Corporate name;

 

(2)  Trade name;

 

(3)  Legal and mailing address;

 

(4)  List of all owners, partners and officers, including:

 

a.  Name;

 

b.  Home address;

 

c.  Home telephone number;

 

d.  Date of birth; and

 

e.  Title;

 

(5)  Business telephone number;

 

(6)  Days and hours of operation;

 

(7)  Whether the applicant complies with applicable building codes, zoning and other land-use regulatory ordinances;

 

(8)  Whether the applicant is principally engaged in the motor vehicle business, as defined in RSA 259:60-a;

 

(9)  Whether the business is operating out of an enclosed commercial building within this state;

 

(10)  Whether the building is owned or leased;

 

(11)  Whether the applicant intends to be engaged in the business of buying secondhand motor vehicles for the purpose of remodeling, taking apart, or rebuilding the same; or buying or selling parts of secondhand motor vehicles or tires, or assembling secondhand motor vehicle parts, to the general public; and

 

(12)  Signature of applicant, pursuant to Saf-C 2003.01.

 

(c)  For the purposes of (b)(10) above, if the building is leased, the applicant shall provide a copy of the lease agreement.

 

(d)  For each established place of business, the applicant shall obtain a separate bond in accordance with the requirements of RSA 261:98.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1105.01); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2004.01, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2005.02  Issuance of Automotive Recycling Dealer Registration.

 

(a)  The department shall issue an automotive recycling dealer registration when:

 

(1)  The applicant submits a completed form DSMV 259 to the department, pursuant to Saf-C 2005.01(b);

 

(2)  The applicant meets the requirements of RSA 259:47 and RSA 261:123;

 

(3)  The applicant obtains a bond, pursuant to RSA 261:98;

 

(4)  The applicant meets local approval, pursuant to Saf-C 2003.04, as well as a certificate of approval from the town/city, pursuant to RSA 236:115; and

 

(5)  A highway patrol and enforcement officer or other law enforcement officer authorized by the director determines, after an investigation, that the applicant meets the requirements of RSA 259:47 and RSA 261:123.

 

(b)  Pursuant to RSA 261:127, the department shall issue the automotive recycling dealer with as many sets of number plates as the dealer requires.

 

(c)  A dealer may request additional plates or return plates to the department during the year,

if the dealer requires.

 

(d)  An automotive recycling dealer registration shall not be issued if any person listed in Saf-C 2005.01(b)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1105.02); amd by #6294, eff 7-23-96; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2004.02) , EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2005.03  Renewal of Automotive Recycling Dealer Registration.  All automotive recycling dealer registrations shall expire annually on March 31st and shall be renewed in accordance with the requirements of Saf-C 2003.11(b).

 

Source.  #8966, eff 8-23-07

 

Saf-C 2005.04  Use of Automotive Recycling Dealer Plates.

 

(a)  An automotive recycling dealer shall know the location and user of each dealer plate as well as the vehicle to which it is assigned.

 

(b)  A dealer plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(c)  Any vehicle driven by an automotive recycling dealer on a public way shall display a current state inspection sticker.

 

(d)  Automotive recycling dealer plates shall only be used in accordance with the requirements of RSA 261:128 and RSA 261:129. Any other use shall be considered misuse for the purposes of RSA 261:177 and RSA 261:61.

 

Source.  #8966, eff 8-23-07

 

Saf-C 2005.05  Record of Vehicles and Parts.

 

(a)  Pursuant to RSA 261:131, at the time of purchase, sale, exchange or receipt for the purpose of sale of any secondhand motor vehicle or parts, a dealer shall record:

 

(1)  The name and address of the seller or transferor;

 

(2)  The name and address of the buyer or transferee;

 

(3)  The name and address of the owner; and

 

(4)  If it is a motor vehicle:

 

a.  The engine number;

 

b.  The vehicle identification number;

 

c.  The number of the chassis; and

 

d.  A statement as to whether any number or mark on the vehicle has been obliterated, changed or defaced.

 

(b)  The automotive recycling dealer shall maintain the record described in (a) above for a minimum period of 7 years from the date of the first entry.

 

Source.  #8966, eff 8-23-07

 

PART Saf-C 2006  REPAIRERS

 

Saf-C 2006.01  Repairer.

 

(a)  The department shall use the following criteria to determine whether a repairer is actively and regularly engaged in business pursuant to RSA 259:87:

 

(1)  The amount and percentage of total income generated at any single business location;

 

(2)  The volume of business generated at any single business location; and

 

(3)  The percentage and amount of assets generated at any single business location.

 

Source.  #5502, eff 11-12-92; ss and moved by #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2006.02)

 

Saf-C 2006.02  Application for Repairer Registration.

 

(a)  An applicant for a repairer registration shall submit a completed form DSMV 262 to the department.

 

(b)  An applicant shall furnish the following on form DSMV 262:

 

(1)  Corporate name;

 

(2)  Trade name;

 

(3)  Legal and mailing address;

 

(4)  List of all owners, partners and officers, including:

 

a.  Name;

 

b.  Home address;

 

c.  Home telephone number;

 

d.  Date of birth; and

 

e.  Title;

 

(5)  Business telephone number;

 

(6)  Days and hours of operation;

 

(7)  Whether the applicant complies with applicable building codes, zoning and other land-use regulatory ordinances;

 

(8)  Whether the applicant is principally engaged in the motor vehicle business, but not as a dealer, as defined in RSA 259:87;

 

(9)  Whether the business is operating out of an enclosed commercial building within this state;

 

(10)  Whether the building is owned or leased; and

 

(11)  Signature of applicant, pursuant to Saf-C 2003.01.

 

(c)  For the purposes of (b)(10) above, if the building is leased, the applicant shall provide a copy of  the lease agreement.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1106.01); amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2006.03  Issuance of Repairer Registration.

 

(a)  The department shall issue a repairer registration when:

 

(1)  The applicant submits a completed form DSMV 262 to the department, pursuant to Saf-C 2006.02(b);

 

(2)  The applicant meets the requirements of RSA 259:87 and RSA 261:136;

 

(3)  The applicant meets local approval, pursuant to Saf-C 2003.04; and

 

(4)  A highway patrol and enforcement officer or other law enforcement officer authorized by the director determines, after an investigation, that the applicant meets the requirements of RSA 259:87 and RSA 261:136.

 

(b)  The following factors shall determine the number of repair plates issued to a repairer:

 

(1)  The number of plates requested; and

 

(2)  The number of tow trucks or service vehicles owned by the repairer.

 

(c)  A repairer may request additional repair plates or return plates to the department during the year if any of the factors in (b) above, change.

 

(d)  A newly registered repairer shall not be issued additional plates until 120 days after the date the original number of plates was authorized.

 

(e)  The department shall reduce the number of plates issued to a repairer, upon receipt of any information that the factors set forth in (b) above have decreased, after an investigation by a highway patrol and enforcement officer or other law enforcement officer authorized by the director.

 

(f)  A repairer who has had the number of plates issued by the department reduced pursuant to (e) above shall be provided the opportunity for an administrative hearing in accordance with the requirements of PART Saf-C 2010.

 

(g)  A repairer registration shall not be issued if any person listed in Saf-C 2006.02(b)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1106.02); amd by #5502, eff 11-12-92; ss and moved by #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2006.04  Renewal of Repairer Registration.  All repairer registrations shall expire annually on March 31st and renewed in accordance with the requirements of Saf-C 2003.11(b).

 

Source.  #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2006.05  Supplemental Repair Plates.

 

(a)  In order for a repairer to obtain a supplemental repair plate, the repairer

shall:

 

(1)  Meet the requirements of Saf-C 2006.03;

 

(2)  Have a business location capable of storing and displaying motor vehicles indoors, in one building, in an area of at least 1,200 contiguous square feet, in accordance with Saf-C 2003.09(c)(2);

 

(3)  Obtain a bond, pursuant to RSA 261:98; and

 

(4)  Attend the dealer school in accordance with the requirements of Saf-C 2003.07.

 

(b)  A repairer shall be issued only one supplemental repair plate.

 

(c)  The supplemental repair plate shall be used to:

 

(1)  Transport a vehicle owned by the repairer from one location to the repairer business; or

 

(2)  Demonstrate a rebuilt or repaired vehicle to a customer.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED:1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2006.04)

 

Saf-C 2006.06  Misuse of Repair and Supplemental Repair Plates.

 

(a)  A repair plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(b)  A repairer shall know the location and user of each repair plate as well as the vehicle to which it is assigned.

 

(c)  Repair plates shall not be used for pleasure purposes.

 

(d)  Repair plates shall not be used for transportation to and from work unless the vehicle being operated is equipped for roadside service.

 

(e)  Repair plates shall only be used on a public way by the repairer, his/her employee or a customer whose vehicle is being repaired.

 

(f)  Repair plates shall only be used for service directly connected with the repairer’s business, on vehicles owned by the repairer or on unregistered vehicles being serviced by the repairer.

 

(g)  Any vehicle driven by a repairer on a public way shall display a current state inspection sticker.

 

(h)  Repair plates shall only be used in accordance with the requirements of RSA 261:136-a through RSA 261:139. Any other use shall be considered misuse for the purposes of RSA 261:177 and RSA 261:61.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2005), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2006.05)

 

PART Saf-C 2007  TRANSPORTERS

 

Saf-C 2007.01  Transporter.

 

(a)  The department shall issue a transporter registration to any applicant who meets the definition of transporter pursuant to RSA 259:114.

 

(b)  For the purpose of determining whether an applicant is a transporter pursuant to RSA 259:114, the term “business purposes” means any commercial enterprise that involves the reconditioning, repossession or exchange of motor vehicles.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1107.01); ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2006), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2007.02  Application for Transporter Registration.

 

(a)  An applicant for a transporter registration shall submit a completed form DSMV 260 to the department.

 

(b)  An applicant shall furnish the following on form DSMV 260:

 

(1)  Corporate name;

 

(2)  Trade name;

 

(3)  Legal and mailing address;

 

(4)  List of all owners, partners and officers, including:

 

a.  Name;

 

b.  Home address;

 

c.  Home telephone number;

 

d.  Date of birth; and

 

e.  Title;

 

(5)  Business telephone number;

 

(6)  Days and hours of operation;

 

(7)  Whether the applicant complies with applicable building codes, zoning and other land-use regulatory ordinances;

 

(8)  Whether the applicant intends to be engaged in the business of moving for hire any motor vehicles or trailers owned by another person; or buying promissory notes secured by mortgages or conditional sales contracts who has occasion to repossess any motor vehicle or trailer;

 

(9)  Whether the building is owned or leased; and

 

(10)  Signature of applicant, pursuant to Saf-C 2003.01.

 

(c)  For the purposes of (b)(9) above, if the building is leased, the applicant shall provide a copy of the lease agreement.

 

Source.  #2233, eff 12-31-82; ss by #2949, eff 1-7-85, EXPIRED 1-7-91

 

New.  #5251, eff 10-21-91 (formerly Saf-M 1107.02); amd by #5502, eff 11-12-92; amd by #6572, INTERIM, eff 9-2-97, EXPIRED 12-31-97; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2006) , EXPIRED: 1-1-05

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2007.03)

 

Saf-C 2007.03  Issuance of Transporter Registration.

 

(a)  The department shall issue a transporter registration when:

 

(1)  The applicant submits a completed form DSMV 260 to the department, pursuant to Saf-C 2007.02;

 

(2)  The applicant meets the requirements of RSA 259:114 and RSA 261:114;

 

(3)  The applicant meets local approval, pursuant to Saf-C 2003.04; and

 

(4)  A highway patrol and enforcement officer or other law enforcement officer authorized by the director determines, after an investigation, that the applicant meets the requirements of RSA 259:114 and RSA 261:114.

 

(b)  The following factors shall determine the number of plates issued to a transporter:

 

(1)  Volume of business; and

 

(2)  Number of employees transporting vehicles pursuant to RSA 259:114 and RSA 261:116.

 

(c)  A transporter may request additional transporter plates or return plates to the department during the year if any of the factors in (b) above, change.

 

(d)  A newly registered transporter shall not be issued additional plates until 120 days after the date the original number of plates was authorized.

 

(e)  The department shall reduce the number of plates issued to a transporter, upon receipt of any information that the factors set in (b) above have decreased, after an investigation by a highway patrol and enforcement officer or other law enforcement officer authorized by the director.

 

(f)  A transporter who has had the number of plates issued by the department reduced pursuant to (e) above shall be provided the opportunity for an administrative hearing in accordance with the requirements of PART Saf-C 2010.

 

(g)  A transporter registration shall not be issued if any person listed in Saf-C 2007.02(b)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2006), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2007.02)

 

Saf-C 2007.04  Renewal of Transporter Registration.  All transporter registrations shall expire annually on March 31st and renewed in accordance with the requirements of Saf-C 2003.11(b).

 

Source.  #8966, eff 8-23-07

 

Saf-C 2007.05  Use of Transporter Plates.

 

(a)  A transporter plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(b)  A transporter shall know the location and user of each transporter plate as well as the vehicle to which it is assigned.

 

(c)  All vehicles registered under the provisions of RSA 261:116 shall be operated on a public way only by the transporter or his/her employee.

 

(d)  Any vehicle driven by a transporter on a public way shall display a current state inspection sticker.

 

(e)  Transporter plates shall only be used in accordance with the requirements of RSA 261:116.  Any other use shall be considered misuse for the purposes of RSA 261:177 and RSA 261:61.

 

Source.  #8966, eff 8-23-07 (from Saf-C 2007.03)

 

PART Saf-C 2008  UTILITY DEALERS

 

Saf-C 2008.01  Utility Dealer.

 

(a)  The department shall issue a utility registration to any applicant who meets the definition of utility dealer pursuant to RSA 259:121.

 

(b)  For the purpose of determining whether an applicant is a utility dealer pursuant to RSA 259:121, the term “chassis with specialized equipment” includes, but is not limited to, cement mixers, garbage trucks, tank trucks, well drillers, ladder trucks, storage trailers, boat trailers and utility trailers.

 

Source.  #5251, eff 10-21-91; amd by #5502, eff 11-12-92; amd by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2007), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2008.02  Application for Utility Dealer Registration. 

 

(a)  An applicant for a utility dealer registration shall submit form DSMV 261 to the department.

 

(b)  An applicant shall furnish the following on form DSMV 261:

 

(1)  Corporate name;

 

(2)  Trade name;

 

(3)  Legal and mailing address;

 

(4)  List of all owners, partners and officers, including:

 

a.  Name;

 

b.  Home address;

 

c.  Home telephone number;

 

d.  Date of birth; and

 

e.  Title;

 

(5)  Business telephone number;

 

(6)  Days and hours of operation;

 

(7)  Whether the applicant complies with applicable building codes, zoning and other land-use regulatory ordinances;

 

(8)  Whether the applicant is principally engaged in the lease or rental of storage trailers;

 

(9)  Whether the applicant intends to be engaged in the manufacture, purchase, sale or exchange of travel or camp trailers, utility trailers, boat trailers, semi-trailers, tractors, farm equipment, construction equipment or chassis with specialized equipment;

 

(10)  Whether the building is owned or leased; and

 

(11)  Signature of applicant, pursuant to Saf-C 2003.01.

 

(c)  For the purposes of (b)(10) above, if the building is leased, the applicant shall provide a copy of the lease agreement.

 

Source.  #5251, eff 10-21-91; ss by #6572, INTERIM, eff 9-2-97, EXPIRED 12-31-97; ss by #6604, INTERIM, eff 10-18-97, EXPIRED 2-15-98; ss and moved by #6663, eff 1-1-98 (from Saf-C 2007), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2008.01)

 

Saf-C 2008.03  Issuance of Utility Dealer Registration.

 

(a)  The department shall issue a utility dealer registration when:

 

(1)  The applicant submits a completed form DSMV 261 to the department, pursuant to Saf-C 2008.02(b);

 

(2)  The applicant meets the requirements of RSA 259:121 and RSA 261:119;

 

(3)  If the applicant will be engaged in the manufacture, purchase, sale or exchange of any trailer with a gross vehicle weight in excess of 3,000 pounds, the applicant obtains a bond, pursuant to RSA 261:98;

 

(4)  The applicant meets local approval, pursuant to Saf-C 2003.04; and

 

(5)  A highway patrol and enforcement officer or other law enforcement officer authorized by the director determines, after an investigation, that the applicant meets the requirements of RSA 259:121 and RSA 261:119.

 

(b)  The following factors shall determine the number of utility plates issued to a utility dealer:

 

(1)  The number of plates requested; and

 

(2)  The number of vehicles currently in inventory.

 

(c)  A utility dealer may request additional utility dealer plates or return plates to the department during the year if any of the factors in (b) above, change.

 

(d)  A newly registered utility dealer shall not be issued additional plates until 120 days after the date the original number of plates was authorized.

 

(e)  The department shall reduce the number of plates issued to a utility dealer, upon receipt of any information that the factors set forth in (b) above have decreased, after an investigation by a highway patrol and enforcement officer or other law enforcement officer authorized by the director.

 

(f)  A utility dealer who has had the number of plates issued by the department reduced pursuant to (e) above shall be provided the opportunity for an administrative hearing in accordance with the requirements of PART Saf-C 2010.

 

(g)  A utility dealer registration shall not be issued if any person listed in Saf-C 2008.02(b)(4) is currently under suspension or revocation for a violation of dealer laws or rules.

 

(h)  If the utility dealer will be engaged in the manufacture, purchase, sale or exchange of any trailer with a gross vehicle weight in excess of 3,000 pounds, the dealer shall attend the dealer school in accordance with the requirements of Saf-C 2003.07.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2007), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2008.04  Renewal of Utility Dealer Registration.  All utility dealer registrations shall expire annually on March 31st and shall be renewed in accordance with the requirements of Saf-C 2003.11(b).

 

Source.  #8966, eff 8-23-07

 

Saf-C 2008.05  Use of Utility Dealer Plates.

 

(a)  A utility dealer plate shall be visibly displayed on the rear of the vehicle in the space provided by the manufacturer.

 

(b)  A utility dealer shall know the location and user of each utility dealer plate as well as the vehicle to which it is assigned.

 

(c)  Utility plates shall only be used in accordance with the requirements of RSA 259:121, RSA 261:121 and RSA 261:122. Any other use shall be considered misuse for the purposes of RSA 61:177 and RSA 261:61.

 

(d)  Any vehicle driven by a utility dealer on a public way shall display a current state inspection sticker.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2007), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2008.03)

 

Saf-C 2008.06  Supplemental Utility Dealer Plate.

 

(a)  In order for a utility dealer to obtain a supplemental utility dealer plate, the utility dealer

shall:

 

(1)  Meet the requirements of Saf-C 2008.03;

 

(2)  Have a business location capable of storing and displaying motor vehicles indoors, in one building, in an area of at least 1,200 contiguous square feet, in accordance with Saf-C 2003.09(c)(2);

 

(3)  Obtain a bond, pursuant to RSA 261:98; and

 

(4)  Attend the dealer school in accordance with the requirements of Saf-C 2003.07.

 

(b)  A utility dealer shall be issued only one supplemental utility dealer plate.

 

(c)  The supplemental utility dealer plate shall be used for the sole purpose of allowing a customer to test drive a motor vehicle taken in trade, pursuant to RSA 261:121, II.

 

(d)  The supplemental utility dealer plate shall be used in accordance with the requirements of Saf-C 2008.05.

 

Source.  #8966, eff 8-23-07

 

PART Saf-C 2009  BUSINESS OPERATIONS

 

Saf-C 2009.01  Days and Hours of Operation.

 

(a)  Each business governed by these rules shall maintain “regular business hours” as defined in Saf-C 2001.15.

 

(b)  Each business governed by these rules shall set forth its regular business hours on the applicable application form. The business owner shall promptly inform the department, in writing, of any changes in its regular business hours, except if the hours are being extended.

 

(c)  A business governed by these rules that will be temporarily closed for business for longer than one consecutive week at a time, shall notify the department, in writing, no later than 30 days prior to the date of temporary closure.

 

(d)  A business governed by these rules closed pursuant to (c) above, shall inform the department of the name and telephone number of at least one person who will be available during the period of closure for the department to contact, in the event it is necessary to do so.

 

Source.  #6572, INTERIM, eff 9-2-97, EXPIRED12-31-97

 

New.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2009.02  Transfer of Ownership.

 

(a)  Each business owner, partner and officer listed on the applicable application form shall notify the department, in writing, of any pending change in the ownership of the business, no later than 30 days prior to the effective date.

 

(b)  If a business governed by these rules transfers ownership as defined in Saf-C 2001.19:

 

(1)  No dealer plates or temporary registration plates shall be used in any manner subsequent to the date of transfer of ownership unless approved by the department in circumstances when a small number of plates are necessary for inventory liquidation;

 

(2)  All dealer plates, registration plates, temporary registration plates, certificates of registration and title applications shall be surrendered to the department within 10 days of the date of transfer of ownership; and

 

(3)  If the items listed in (b)(2) above are not surrendered, a highway patrol and enforcement officer or other law enforcement officer authorized by the director shall be notified to pick up all the items no more than 30 days after the date of transfer of ownership.

 

Source.  #6572, INTERIM, eff 9-2-97, EXPIRED12-31-97

 

New.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2009.03  Change of Location.

 

(a)  Each business owner, partner and officer listed on the applicable application form shall notify the department, in writing, of any pending change of business location, no later than 30 days prior to the effective date.

 

(b)  A new application for the particular business governed by these rules shall be completed to reflect the proposed location of the business site.

 

(c)  If all the business owners, partners or officers of the business are remaining the same, a financial statement pursuant to Saf-C 2003.02(d) and criminal record pursuant to Saf-C 2003.02(e) shall not be required as part of the application set forth in (b) above.

 

(d)  Upon receipt of the particular application in (b) above, the procedures set forth in Saf-C 2003.04 and Saf-C 2003.05 shall be conducted.

 

(e)  No business shall be conducted at the new location until approval is obtained by the department for the particular business in accordance with these rules.

 

(f)  If a person commences business prior to obtaining approval pursuant to (e) above, he/she shall be given the opportunity for an administrative hearing.

 

(g)  The scope of the hearing in (f) above shall be whether the person has operated business at an unapproved location.

 

(h)  The minimum period of suspension for a violation of (e) above shall be 14 days, utilizing the criteria set forth in Saf-C 2010.03.

 

Source.  #6572, INTERIM, eff 9-2-97, EXPIRED12-31-97

 

New.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

Saf-C 2009.04  Closing or Discontinuance of Business.

 

(a)  Business shall cease in the event of the following:

 

(1)  The owner vacates, abandons or discontinues the business;

 

(2)  The owner of the business has died;

 

(3)  The business’ privileges to operate have been revoked after a hearing; or

 

(4)  A transfer of ownership pursuant to Saf-C 2009.02 has occurred.

 

(b)  After any of the circumstances set forth in (a) above occurs, all items shall be surrendered to the department in accordance with the requirements of Saf-C 2009.02(b).

 

Source.  #8966, eff 8-23-07

 

Saf-C 2009.05  Notice Required.

 

(a)  Each business governed by these rules shall notify the department, in writing, of the following:

 

(1)  Lost or stolen registration plates;

 

(2)  Any person authorized to purchase temporary plates on behalf of the business is no longer employed by the particular business;

 

(3)  Changes in the mailing address, but not in physical location of the business, that might affect mailings to the business from the department;

 

(4)  Any change in physical structure of the business pursuant to Saf-C 2003.03 and Saf-C 2003.09(c);

 

(5)  Any change in the company name, corporate structure or ownership;

 

(6)  Any change in local government approval pursuant to Saf-C 2003.04; or

 

(7)  If the business is required to have a vehicle dealer license, any change made pursuant to RSA 261:103-a, XVI.

 

Source.  #8966, eff 8-23-07

 

Saf-C 2009.06  Inspection of Records.

 

(a)  Any records required to be maintained pursuant to state law or these rules shall be available for inspection by a highway patrol and enforcement officer or other law enforcement officer authorized by the director during regular business hours at the dealer’s established place of business.

 

(b)  A dealer who has multiple established places of business in the same town may request approval from the department to have records pursuant to (a) above maintained at one of the established business locations.

 

Source.  #8966, eff 8-23-07

 

PART Saf-C 2010  ADMINISTRATIVE HEARINGS

 

Saf-C 2010.01  Administrative Hearing.

 

(a)  For the purposes of this section, “dealer” means retail vehicle dealer, auto wholesale dealer, automotive recycling dealer, repairer, transporter or utility dealer.

 

(b)  Upon receipt of information as specified in RSA 261:177, the director shall provide the dealer with an opportunity for an administrative hearing.

 

(c)  Hearings shall be conducted in accordance with the provisions of Saf-C 203.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2009.01), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2009.01)

 

Saf-C 2010.02  Scope of Hearing.  The scope of the hearing shall be limited to a determination of whether the dealer violated any provision of the dealer laws or these rules.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2009.02), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2009.02)

 

Saf-C 2010.03  Hearing Sanction.

 

(a)  After a hearing and upon a finding that a dealer has violated any provision of the dealer laws or these rules, a hearings examiner shall suspend or revoke the dealer’s license, if applicable, and/or registration or shall impose an administrative fine as set forth in Saf-C 2011.

 

(b)  A hearings examiner shall determine the appropriate sanction based on the following factors:

 

(1)  The severity of the offense;

 

(2)  The number of offenses committed; and

 

(3)  Whether the dealer committed prior offenses.

 

(c)  A hearings examiner, after making a determination that an owner, partner or officer of a business is in violation of any provision of the dealer laws or these rules, may prohibit said owner, partner or officer from opening any other type of dealership for a period of time not to exceed 5 years.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2009.03), EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2009.03)

Saf-C 2010.04  Appeal of Administrative Hearing.

 

(a)  Any appeal from an administrative hearing shall be in accordance with the provisions of RSA 541.

 

(b)  Any appeal filed pursuant to this section shall not stay the suspension or revocation of the dealer’s license and/or registration, as applicable.

 

Source.  #6663, eff 1-1-98 (from Saf-C 2009.04, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07

 

PART Saf-C 2011  ADMINISTRATIVE FINES

 

Saf-C 2011.01  Administrative Fines.

 

(a)  For the purposes of this section, “violation” means one or more infractions cited as a result of a single review of a dealer or single motor vehicle stop of a vehicle displaying dealer plates on a specific date.

 

(b)  For the purposes of establishing a subsequent violation, the subsequent violation shall have occurred within 3 years from the date of the final administrative disposition of the previous violation.

 

(c)  Pursuant to RSA 261:177, I(c), a fine imposed by a hearings examiner shall not take effect unless approved by the commissioner.

 

(d)  Administrative fines shall not be held in abeyance unless approved by the commissioner pursuant to RSA 261:177, I(c).

 

(e)  Any fine shall be paid in full within 30 days of receipt of the written order of the hearings examiner.

 

(f)  For the purposes of (e) above, an order shall be sent first class mail and receipt shall be presumed to have occurred 3 days after the order is mailed.

 

Source.  #6663, eff 1-1-98, EXPIRED: 1-1-06

 

New.  #8569, INTERIM, eff 2-18-06, EXPIRED: 8-17-06

 

New.  #8966, eff 8-23-07 (from Saf-C 2010.01)