CHAPTER Saf-C 2000 DEALER
REGISTRATION RULES
Statutory
Authority: 21-P:14, III(v), (w), (x),
(y), (z), (aa), (bb); 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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
Saf-C 2001.11 “Full-time employee” means an employee of a
dealer who works at least 35 hours per week, as demonstrated by W-2 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); ss by
#11028, eff 1-29-16
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); ss by
#11028, eff 1-29-16
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); ss by
#11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
Saf-C 2001.15 “Regular business hours” means business conducted
at least 35 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); ss by
#11028, eff 1-29-16
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); ss by
#11028, eff 1-29-16
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); ss by
#11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
Saf-C 2001.19 “Change of ownership” means a change in
ownership of a dealer’s 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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
Saf-C 2001.22 “Valid consignment agreement” means a written
contract in which a dealer agrees to sell a vehicle for the registered or legal
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; ss by #11028, eff 1-29-16
Saf- C
2001.23 “Vehicle inspection report”
means the official, clearly legible printed report approved by the department
containing the test results for the safety and emissions inspection.
Source. #11028, eff 1-29-16
PART Saf-C 2002 GENERAL
ADMINISTRATION
Saf-C 2002.01 Forms.
(a) All forms may be obtained in person, by
telephone, by mail or electronically, 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;
(2) Forms shall be typewritten or completed in a
legible manner; and
(3) Forms requiring a signature shall require
such person to certify, by the individual's signature that the information on
the form is true and correct to the best of the individual's knowledge and
belief, subject to the penalty for making unsworn false statements under RSA
641:3.
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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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 be denied.
(b) The applicant shall be notified of the
reason(s) for the denial.
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; ss by #11028, eff 1-29-16
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 local police department, and within 5 days thereafter, an owner, partner,
member, officer or director listed on the application shall contact the division
of motor vehicles in writing to provide the local police case number and shall
also apply for a replacement plate 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); ss by
#11028, eff 1-29-16
Saf-C
2002.05 Disqualification for
Licensure. In addition to all other
requirements for licensure and registration in these rules, an applicant for
licensure or registration shall meet the following requirements:
(a)
Applicant has had no previous record of misdemeanor or felony criminal
convictions for extortion, forgery, fraud related crimes, theft, or
embezzlement in the past 10 years;
(b)
Applicant has not been suspended more than once for a violation of
dealer laws or regulations in this or any other jurisdiction;
(c) Applicant
has never had its authorization to operate as a dealer revoked in this or any
other jurisdiction; and
(d) The
applicant has paid any and all fines related to these rules in full.
Source. #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
Saf-C 2003.02 Application for Retail Vehicle Dealer
License.
(a) An applicant for a retail vehicle dealer
license shall complete and submit form RDMV 735 (rev 12/15) to the department.
(b) A separate form RDMV 735 shall be filed for
each established place of business.
(c) Pursuant to RSA 261:103-a, I(k), each person
listed on the application as a member, partner,
officer, or director of the applicant shall provide a certified copy of his or
her criminal record.
(d) Pursuant to RSA 261:103-a, I(k), the
applicant shall provide a statement stating whether the applicant has
ever been subject to a civil judgment connected with a motor vehicle business.
(e) If the applicant does not have facilities at
the established place of business to service or repair motor vehicles, the
applicant shall provide at least one service agreement with a service or repair
garage which is a licensed inspection facility within a reasonable distance of
the applicant’s established place of business, in accordance with RSA
261:103-a, I(e).
(f) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease
agreement.
(g) The applicant shall list the names of all persons
authorized to purchase temporary plates on behalf of the established place of
business.
(h) For each established place of business, the
applicant shall obtain a separate bond in accordance with the requirements of
RSA 261:98.
(i) Pursuant to RSA
261:103-a, I(h), 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.
(j) The applicant shall submit the appropriate
fee to the department, pursuant to RSA 261:103-a, II, 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; ss by #11028, eff 1-29-16
Saf-C 2003.03 Structural Requirements for Retail Vehicle
Dealer License.
(a)
Pursuant to RSA 259:29-a, a dealer shall have an “established place of
business.” This shall mean, except where otherwise provided, a permanent,
enclosed commercial building located within
this state, easily accessible and open to the public at all reasonable times,
and at which the business of a dealer may be lawfully carried on in accordance
with the terms of all applicable building codes, zoning, and other land-use
regulatory ordinances.
(b)
The following requirements shall also be met:
(1) The retail vehicle dealer shall have a business location where that dealer
conducts sales during the days and hours of operation as stated on the
application;
(2) The business location required by (1), above, shall be a permanent physical
structure that has at least 750 square feet or is primarily dedicated to the
business of selling vehicles; and
(3) The business location shall clearly and conspicuously display the business name of
the dealer in letters no less than 10 inches in height, unless prohibited by
local zoning.
(c)
The business signage required by (b)(3), above,
shall be clearly visible from a traveling vehicle on the adjacent public way,
unless an obstruction exists which cannot be remedied.
(d) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(e) No more than one dealer shall be permitted
within one business location without a clearly defined portion of space with
definite boundaries and signage so as not to confuse the public.
(f) The prohibition in (e) above shall not apply
to more than one DMV licensed business within one business location if the
business name and owners are the same for both businesses.
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; ss by #11028, eff 1-29-16
Saf-C 2003.04 Local Notification and Approval.
(a) Upon receipt of a completed form RDMV 735,
the department shall notify the town/city clerk in the municipality where the
business is located.
(b) The department shall allow a minimum of 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) Except as provided by RSA 261:103-a, IX, 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; ss by #11028, eff 1-29-16
Saf-C 2003.05 Investigation.
(a) An individual 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; ss by #11028, eff 1-29-16
Saf-C 2003.06 Issuance of Retail Vehicle Dealer License.
(a) The department shall issue a retail vehicle
dealer license when the dealer:
(1) Completes and submits a completed form RDMV
735, along with the appropriate fee, pursuant to RSA 261:103-a, II;
(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) Has successfully passed an investigation
pursuant to Saf-C 2003.05.
(b) The retail vehicle dealer shall prominently
display the original dealer license or a legible copy of the original dealer
license to the public at the established place of business at all times.
(c) Pursuant to RSA 261:103-a, VI, a retail
vehicle dealer license shall not be transferred, borrowed, sold, or leased 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 an individual 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 on the application 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; ss by #11028, eff 1-29-16
Saf-C 2003.07 Attendance at Dealer Overview Session.
(a) Except as otherwise provided in RSA
261:103-a, VIII, 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 and participate
in one session of the department’s dealer overview session, which is held 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 dealer overview
session, 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; ss by #11028, eff 1-29-16
Saf-C 2003.08 Renewal of Retail Vehicle Dealer License.
(a) All retail vehicle dealer licenses shall
expire biennially on March 31st.
(b) In order to renew a retail vehicle dealer
license, each retail vehicle dealer shall:
(1) Complete and submit a completed form RDMV 735
to the department, pursuant to Saf-C 2003.02;
(2) Pay the appropriate fee, pursuant to RSA
261:103-a, II; 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; ss by #11028, eff 1-29-16
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 complete and submit form RDMV 735 to the department,
pursuant to Saf-C 2003.02.
Source. #8966, eff 8-23-07 (from Saf-C
2003.02); ss by #11028, eff 1-29-16
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) Completes and submits a completed form RDMV
735, pursuant to Saf-C 2003.02;
(2) Meets the requirements of RSA 261:103-a;
(3) Has been issued a retail vehicle dealer
license, pursuant to Saf-C 2003.06;
(4) Meets the requirements of Saf-C
2003.05; and
(5) Has paid the fee required by RSA 261:141,
III(u).
(b) In order to curtail misuse of retail vehicle
dealer registration plates, the department shall issue only the number of
plates reasonably necessary to a dealer’s business, as indicated by the
following factors:
(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 an individual 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.
(g) A retail vehicle dealer registration shall
not be issued if any person listed on the application is currently under
suspension or revocation for a violation of dealer laws or rules.
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
Saf-C 2003.11 Renewal of
Retail Vehicle Dealer Registration.
(a) All retail vehicle dealer registrations shall
expire biennially on March 31st.
(b) In order to renew a retail vehicle dealer
registration, each retail vehicle dealer shall:
(1) Submit a completed form RDMV 735 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;
(4) Provide a list of any lost or stolen plates,
pursuant to Saf-C 2002.04; and
(5) Has paid the fee required by RSA 261:141,
III(u).
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
Saf-C 2003.12 Use of Retail Vehicle Dealer Plates.
(a) An owner, member, partner, officer, or
director of the 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 properly displayed on
the rear of the vehicle in the space provided by the manufacturer in accordance
with RSA 261:176.
(c) A dealer plate shall only be displayed on
vehicles owned by the dealer, unless the vehicle is consigned to the dealership
for sale, and is evidenced by a notarized written consignment agreement, or
unless the vehicle is being demonstrated or transported in connection with
service or sales.
(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 that a
new vehicle which has been delivered in this state with a certificate of
origin, shall be exempt from inspection requirements until it is sold at
retail, as specified in RSA 266:1 VIII.
(f) A retail vehicle dealer may use the dealer
registration on the ways of this state when transporting the vehicle from a
place of purchase to the dealer’s place of business if the vehicle bears a
valid inspection sticker from any state unless a clear violation of RSA 266:1
is apparent from visual observation.
(g) 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 RSA 265:95, III.
(h) 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.
(i) Retail vehicle
dealer plates shall only be used in accordance with the requirements of RSA
261:111.
(j)
In the event of a reduction in plate allowance, subject plates shall be surrendered
to the department within 10 days of the official notification.
Source. #8966, eff 8-23-07 (from Saf-C
2003.03); ss by #11028, eff 1-29-16
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) Any person who appears at the counter shall
provide his or her 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 (d) 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 date of
the transaction and 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, signature, 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, as follows:
(1) A minimum of the first 3 letters of the month
of issuance shall be printed;
(2) The day of issuance shall be printed using 2 digits,
with single digit dates preceded by a zero; and
(3) The year of issuance shall be printed with a
minimum of the last 2 digits of the year.
(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 form DSMV 938 (rev 12/15).
(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
(2) A valid inspection sticker is affixed to the
windshield as defined in RSA 266:1, IV.
(3) If the affixed inspection sticker is
attributable to an inspection performed by or on behalf of the dealer, the
original official vehicle inspection report (VIR) shall be provided to the
buyer; and
(4) The dealer shall provide to the buyer an
original official vehicle inspection report (VIR) for an inspection performed
by or on behalf of the dealer following the sale, pursuant to RSA 266:1, IV.
Source. #8966, eff 8-23-07 (from Saf-C
2003.04); ss by #11028, eff 1-29-16
Saf-C 2003.14 Record of Transferred Vehicles.
(a) All dealers shall maintain a record of each
transfer of ownership of a vehicle as
defined in RSA 261:14, 261:15 and Saf-C 1903.02.
(b) For model year 2000 vehicles or newer, a copy
of the title shall be retained. Each shall include the following:
(1) Identity of the vehicle transferred;
(2) Date of transfer;
(3) Buyer’s name, address, and signature; and
(4) Seller’s name
and signature.
(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 at the approved established place of business.
(e) For title
exempt vehicles, a copy of the bill of sale shall be retained. Each bill of
sale shall include the date of sale, vehicle make, model, vehicle
identification number, model year, year of manufacture, type of body, number of
cylinders, name and address of purchaser, and name, signature and address of
seller.
Source. #8966, eff 8-23-07 (from Saf-C
2003.05); ss by #11028, eff 1-29-16
Saf-C 2003.15 Notice of
(a) Pursuant to RSA 266:8 and RSA 266:59-b, VI, a
dealer who sells a motor vehicle at retail that fails to comply with either
state safety or emissions state inspection requirements shall submit failed
inspection related items on forms RDMV 950 or 950A respectively to the
department.
(b) The dealer shall furnish the following on
such forms:
(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) Date of sale; and
(6) The temporary plate number issued, if
applicable.
(c) The dealer shall distribute such forms 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); ss by #11028, eff 1-29-16
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 a form DSMV 156 to the department.
(c) Each dealer shall furnish the following on
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 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 in any 12-month period to the same person or business for the
purposes of demonstrating the same truck, in accordance with RSA 261:111, VII.
Source. #8966, eff 8-23-07 (from Saf-C
2003.07); ss by #11028, eff 1-29-16
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 or more than
once in a 12 month period by the same customer.
(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
DSMV 155:
(1) Name and address of customer using the loaned
truck;
(2) Name and address of dealer;
(3) Dealer number;
(4) Dealer plate number;
(5) Date and time of issuance;
(6) Make; type; model year; color and vehicle
identification number of truck being loaned;
(7) Signature of dealer or authorized agent; and
(8) A certification by the dealer that the dealer
has an ownership interest in the vehicle.
(d) A copy of 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 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); ss by #11028, eff 1-29-16
PART Saf-C 2004 AUTO
WHOLESALE DEALERS
Saf-C 2004.01 Application for Auto Wholesale Dealer
License.
(a) An applicant for an auto wholesale dealer
license shall complete and submit a completed form RDMV 735 to the department,
pursuant to Saf-C 2003.02.
(b) A separate application RDMV 735 shall be
filed for each established place of business.
(c) Pursuant to RSA 261:103-a, I(k), each person
listed on the application as a member, partner,
officer, and director of the applicant shall provide a certified copy of his or
her criminal record.
(d) Pursuant to RSA 261:103-a, I(k), the
applicant shall provide a statement whether the applicant has ever
been subject to a civil judgment connected with a motor vehicle business.
(e) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease agreement.
(f) For each established place of business, the
applicant shall obtain a separate bond in accordance with the requirements of
RSA 261:98.
(g) Pursuant to RSA 261:103-a, I(h), 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.
(h) The applicant shall submit the appropriate
fee to the department, pursuant to RSA 261:103-a, II, 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 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; ss by #11028, eff
1-29-16; ss by #11028, eff 1-29-16
Saf-C
2004.02 Issuance of Auto Wholesale
Dealer License.
(a) The department shall issue an auto wholesale
dealer license when:
(1) The applicant submits a completed application
form RDMV 735, along with the appropriate fee, pursuant to RSA 261:103-a, II;
(2) The applicant meets the requirements of RSA
259:5-a and RSA 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 an individual authorized by the director
determines, after an investigation, that the applicant meets the requirements
of RSA 259:5-a and RSA 261:103-a.
(b) The auto wholesale dealer shall prominently
display the original dealer license or a legible copy of the original dealer
license to the public at the established place of business at all times.
(c) Pursuant to RSA 261:103-a VI,
an auto wholesale dealer license shall not be transferred, borrowed, sold or
leased to any other person, business or location and shall not be altered or
modified in any manner.
(d) An auto wholesale dealer license shall be
presented to any individual authorized by the director upon demand or
surrendered to the department, if required, after a hearing.
(e) An auto wholesale dealer license shall not be
issued if any person listed on the application is currently under suspension or
revocation for a violation of dealer laws or rules.
(f) Upon issuance of an auto wholesale dealer
license, the auto wholesale dealer shall attend the dealer overview session in
accordance with the requirements of Saf-C 2003.07.
(g) An applicant whose established place of
business is a residence as set forth in RSA 259:29-a, II shall conduct the auto
wholesale business in which he/she is engaged at that particular location as
defined in RSA 259:76.
(h) More than one dealer located in one enclosed building shall be clearly
separated by a permanent physical wall. Each shall have an independent separate
exterior entrance for the public or an independent entrance onto a common area
within the building.
(i) No more than one dealer shall be permitted within one
business location without a clearly defined portion of space with definite
boundaries and signage so as not to confuse the public.
(j) The
prohibition in (i) above shall not apply to more than
one DMV licensed business within one business location if the business name and
owners are the same for both businesses.
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; ss by #11028, eff 1-29-16
(from Saf-C 2004.01); para (h) amd
by #12177, eff 5-18-17
Saf-C 2004.03 Renewal of Auto Wholesale Dealer License. All auto wholesale dealer licenses shall
expire biennially on March 31st and shall be renewed in accordance
with the requirements of Saf-C 2003.08(b).
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); ss by #11028, eff 1-29-16 (from Saf-C
2004.05)
Saf-C 2004.04 Application for Auto Wholesale Dealer
Registration.
(a) Any licensed auto wholesale dealer may apply
for an auto wholesale dealer registration, pursuant to RSA 261:140-a.
(b) Each applicant for an auto wholesale dealer
registration shall submit a completed form RDMV 735 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. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
(from Saf-C 2004.03)
Saf-C 2004.05 Issuance of Auto Wholesale Dealer
Registration.
(a) The department shall issue an auto wholesale
dealer registration when the dealer:
(1) Submits a completed form RDMV 735, pursuant
to Saf-C 2003.02 and Saf-C
2004.04;
(2) Meets the requirements of RSA 261:103-a and
RSA 261:140-a;
(3) Has been issued an auto wholesale dealer
license, pursuant to Saf-C 2004.02;
(4) Meets the requirements of Saf-C
2004.02(a)(5); and
(5) Has paid the fee required by RSA 261:141,
III(u).
(b)
In order to curtail misuse of auto wholesale dealer registration plates,
the department shall issue only the number of plates reasonably necessary to a
dealer’s business, as indicated by the following factors:
(1) Volume of business; and
(2) Number of employees transporting vehicles
pursuant to RSA 261:140-b.
(c) A wholesale 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.
(g) A wholesale dealer registration shall not be
issued if any person listed on the application is currently under suspension or
revocation for a violation of dealer laws or rules.
Source. #8966, eff 8-23-07; ss by #11028, eff
1-29-16; ss by #11028, eff 1-29-16 (from Saf-C
2004.04)
Saf-C 2004.06 Renewal of Auto Wholesale Dealer
Registration. All auto wholesale
dealer registrations shall expire biennially on March 31st and shall
be renewed in accordance with the requirements of Saf-C
2003.11(b).
Source. #8966, eff 8-23-07 (formerly Saf-C 2004.03); ss by #11028, eff 1-29-16 (from Saf-C 2004.05)
Saf-C 2004.07 Use of Auto Wholesale Dealer Plates.
(a) An owner, member, partner, officer or
director of the 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 in accordance
with RSA 261:176.
(c) Pursuant to RSA 266:1, IV, vehicles owned by
an auto wholesale dealer shall not be exempt from state inspection
requirements, except for vehicles transported from a place of purchase to the
dealer’s place of business if the vehicle bears a valid inspection sticker from
any state unless a clear violation of RSA 266:1 is apparent from visual
observation.
(d) Auto wholesale dealer plates shall only be
used in accordance with the requirements of RSA 261:140-b as follows:
(1) Auto wholesale vehicle
registration shall be used for motor vehicle business purposes only, on
vehicles owned by the auto wholesale dealer which are being transported to the
auto wholesale dealer’s place of business, to another location for mechanical
service, or to wholesale or retail dealer.
Such registration shall not be used for the retail demonstration of any
vehicles;
(2) Personal use of auto wholesale dealer vehicle registration shall be
prohibited;
(3) Vehicles owned by the auto
wholesale dealer which are designed for and engaged in day to day business activities, including but not limited to the transportation of
freight or merchandise, such as wreckers, service trucks, and auto parts
delivery trucks, shall not use auto wholesale registrations; and
(4) The auto wholesale dealer
shall not loan auto wholesale dealer number plates to any other person.
Source. #11028, eff 1-29-16 (from Saf-C
2004.06)
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 complete and submit an application form RDMV 710 (rev
12/15) along with appropriate fee to the department.
(b) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease
agreement.
(c) For each established place of business, the
applicant shall obtain a separate bond in accordance with the requirements of
RSA 261:98.
(d)
Each person listed on the application as a member, partner, officer, or director of the applicant shall provide a
certified copy of his/her criminal record.
(e)
The applicant shall provide a
statement whether the applicant has ever been subject to a civil judgment
connected with a motor vehicle 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 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; ss by #11028, eff 1-29-16
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 RDMV
710 to the department, pursuant to Saf-C 2005.01(a), along
with the appropriate fee;
(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;
(5) An individual authorized by the director
determines, after an investigation, that the applicant meets the requirements
of RSA 259:47 and RSA 261:123; and
(6) The applicant has paid the fee required by
RSA 261:141, III(v).
(b) In order to curtail misuse of automotive
recycling dealer registration plates, the department shall issue only the
number of plates reasonably necessary to a dealer’s business, as indicated by
the following factors:
(1) Number of motor vehicles owned by the dealer
engaged in the business; and
(2) Number of employees operating vehicles owned
by the dealer in furtherance of the business;
(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 automotive recycling 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 an individual 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.
(g) An automotive recycling dealer registration
shall not be issued if any person listed on the application is currently under
suspension or revocation for a violation of dealer laws or rules.
(h) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(i) No more than one
dealer shall be permitted within one business location without a clearly
defined portion of space with definite boundaries and signage so as not to
confuse the public.
(j) The prohibition in (i)
above shall not apply to more than one DMV licensed business within one
business location if the business name and owners are the same for both
businesses.
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; ss by #11028, eff 1-29-16
Saf-C 2005.03 Renewal of Automotive Recycling Dealer
Registration. All automotive
recycling dealer registrations shall expire biennially on March 31st and shall
be renewed in accordance with the requirements of Saf-C
2003.11(b).
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
Saf-C 2005.04 Use of Automotive Recycling Dealer Plates.
(a) An owner, member, partner, officer, or
director of the 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 in accordance
with RSA 261:176.
(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; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
Saf-C 2006.02 Application for Repairer Registration.
(a) An applicant for a repairer registration
shall submit a completed form RDMV 720 (rev 12/15) to the department.
(b) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease
agreement.
(c) Each person listed on the application as a member, partner, officer, or director of the applicant shall provide a
certified copy of his/her criminal record.
(d) The applicant shall provide a statement whether the applicant has ever been subject to a civil
judgment connected with a motor vehicle business.
(e) If the applicant does not have facilities at
the established place of business to service or repair motor vehicles, the
applicant shall provide at least one service agreement with a service or repair
garage which is a licensed inspection facility within a reasonable distance of
the applicant’s established place of business.
(f) If seeking a supplemental repairer
registration, 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.
(g) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(h) No more than one dealer shall be permitted
within one business location without a clearly defined portion of space with
definite boundaries and signage so as not to confuse the public.
(i) The prohibition
in (h) above shall not apply to more than one DMV licensed business within one
business location if the business name and owners are the same for both
businesses.
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; ss by #11028, eff 1-29-16
Saf-C 2006.03 Issuance of Repairer Registration.
(a) The department shall issue a repairer
registration when:
(1) The applicant submits a completed form RDMV
720 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;
(4) An individual authorized by the director
determines, after an investigation, that the applicant meets the requirements
of RSA 259:87 and RSA 261:136; and
(5) The applicant has paid the fee required by
RSA 261:141, III(t).
(b) In order to curtail misuse of repairer
registration plates, the department shall issue only the number of plates
reasonably necessary to a dealer’s business, as indicated by the following
factors:
(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 dealer, upon receipt of any information that the
factors set forth in (b) above have decreased, after an investigation by an
individual 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.
(h) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(i) No more than one
dealer shall be permitted within one business location without a clearly
defined portion of space with definite boundaries and signage so as not to
confuse the public.
(j) The prohibition in (i)
above shall not apply to more than one DMV licensed business within one
business location if the business name and owners are the same for both
businesses.
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; ss by #11028, eff 1-29-16
Saf-C 2006.04 Renewal of Repairer Registration. All repairer registrations shall expire
biennially 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; ss by #11028, eff 1-29-16
Saf-C 2006.05 Issuance of Supplemental Repair
Registration 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 which is a permanent
physical structure that has at least 750 square feet or is primarily dedicated
to the business of selling vehicles;
(3) Obtain a bond, pursuant to RSA 261:98;
(4) Attend the dealer overview session in
accordance with the requirements of Saf-C 2003.07;
and
(5) Pay the fee required by RSA 261:141, III(t).
(b) A repairer shall be issued only one
supplemental repair plate.
(c) The supplemental repair plate shall be only
used to 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); ss by #11028, eff 1-29-16
Saf-C 2006.06 Misuse of Repair and Supplemental Repair
Plates.
(a) A repair plate or supplemental repair plate
shall be visibly displayed on the rear of the vehicle in the space provided by
the manufacturer in accordance with RSA 261:176.
(b) An owner, member, partner, officer or
director of the 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 personal
use.
(d) Repair plates shall only be used by the
repairer, his or her employee, or a customer whose vehicle is being repaired.
(e) Repair plates shall only be used for service
vehicles owned by the repairer, designed and equipped for the purpose of
providing service, repair, or both directly connected with the repairer’s
business or on unregistered vehicles being serviced by the repairer.
(f) Any vehicle driven by a repairer on a public
way shall display a current state inspection sticker.
(g) 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.
(h) “Service vehicles” means tow trucks,
wreckers, ramp trucks, pickup trucks, and cargo vans designed to carry cargo as
their primary function, which are marked “not for hire” and are designed for
and engaged in the day-to-day business activities of the repairer, including
but not limited to the transportation of freight or merchandise, such as auto
parts delivery trucks.
(i) For the purposes
of RSA 261:136-a, II, a vehicle marked “not for hire” shall have the driver
side and passenger side doors marked “not for hire” with lettering 3 inches in
height or more.
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); ss
by #11028, eff 1-29-16; ss by #12211, eff 6-16-17
Saf-C 2006.07 Use of Supplemental Repair Plates. The supplemental repair plate shall be used
to:
(a) Transport a vehicle owned by the repairer
from one location to the repairer business; or
(b) Demonstrate a rebuilt or repaired vehicle to
a customer.
Source. #8966, eff 8-23-07 (from Saf-C
2006.05); ss
by #11028, eff 1-29-16; ss by #11028, eff 1-29-16
PART Saf-C 2007
TRANSPORTERS
Saf-C 2007.01 Transporter.
(a) Pursuant to RSA 259:114, the department shall
issue a transporter registration to any applicant who:
(1) Moves any motor vehicle owned by another
person which requires registration for use upon a way for business purposes; or
(2) Is engaged in the business of
buying promissory notes secured by mortgages or conditional sales contracts
who, in the regular course of such business, has occasion to repossess any
vehicle.
(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; ss by #11028, eff 1-29-16
Saf-C 2007.02 Application for Transporter Registration.
(a) An applicant for a transporter registration
shall complete and submit an application RDMV 725 (rev 12/15) to the
department.
(b) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease
agreement.
(c)
Each person listed on the application as a member, partner, officer, or director of the applicant shall provide a
certified copy of his or her criminal record.
(d)
The applicant shall provide a statement
whether the applicant has ever been subject to a civil judgment connected with
a motor vehicle 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 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); ss by #11028, eff 1-29-16
Saf-C 2007.03 Issuance of Transporter Registration.
(a) The department shall issue a transporter
registration when:
(1) The applicant submits a completed form
RDMV725 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;
(4) An individual authorized by the director
determines, after an investigation, that the applicant meets the requirements
of RSA 259:114 and RSA 261:114; and
(5) The applicant has paid the fee required by
RSA 261:141, III(y).
(b) In order to curtail misuse of transporter
registration plates, the department shall issue only the number of plates
reasonably necessary to a dealer’s business, as indicated by the following
factors:
(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 dealer, upon receipt of any information that the
factors set forth in (b) above have decreased, after an investigation by an
individual 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 on the application is currently under suspension or
revocation for a violation of dealer laws or rules.
(h) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(i) No more than one
dealer shall be permitted within one business location without a clearly
defined portion of space with definite boundaries and signage so as not to
confuse the public.
(j) The prohibition in (i)
above shall not apply to more than one DMV licensed business within one
business location if the business name and owners are the same for both
businesses.
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); ss by #11028, eff 1-29-16
Saf-C 2007.04 Renewal of Transporter Registration. All transporter registrations shall expire
biennially on March 31st and renewed in accordance with the requirements of Saf-C 2003.11(b).
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
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
in accordance with RSA 261:176.
(b) An owner, member, partner, officer, or
director of the transporter shall know the location and user of each
transporter plate as well as the vehicle to which it is assigned and shall be
operated only by the transporter or his or her employee.
(c) Personal use shall be prohibited and
transporter registration shall be used on motor vehicles not owned by the
transporter.
(d) A transporter shall not loan a number plate
which have been assigned to them.
(e) Any vehicle driven by a transporter on a
public way shall display a current state inspection sticker.
Source. #8966, eff 8-23-07 (from Saf-C
2007.03); ss by #11028, eff 1-29-16
PART Saf-C 2008 UTILITY
DEALERS
Saf-C 2008.01 Utility Dealer.
(a) The department shall issue a utility
registration to any applicant engaged in the manufacture, purchase, sale, or
exchange at wholesale or retail of travel or camp trailers, utility trailers,
boat trailers, semi-trailers, tractors, farm equipment, construction equipment,
chassis with special equipment, modular buildings, manufactured housing, or any
combination thereof, or any person engaged in the lease or rental of
storage trailers.
(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; ss by #11028,
eff 1-29-16
Saf-C 2008.02 Application for Utility Dealer
Registration.
(a) An applicant for a utility dealer
registration shall complete and submit form RDMV 730 (rev 12/15) to the
department, along with the appropriate fee, and shall meet the requirements as
set forth in Saf-C 2008.01.
(b) If the business location is leased, the
applicant shall submit a legible copy of the current, valid lease
agreement.
(c)
Each person listed on the application as a member, partner, officer, and director of the applicant shall provide a
certified copy of his or her criminal record.
(d)
The applicant shall provide a
statement whether the applicant has ever been subject to a civil judgment
connected with a motor vehicle business.
(e)
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 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.
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); ss by #11028, eff 1-29-16
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 RDMV
730 to the department, pursuant to Saf-C 2008.02(a);
(2) The applicant meets the requirements of RSA
259:121, RSA 261:119, and Saf-C 2008.01;
(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;
(5) An individual authorized by the director
determines, after an investigation, that the applicant meets the requirements
of RSA 259:121, RSA 261:119, and Saf-C 2008.01; and
(6) The applicant has paid the fee required by
RSA 261:141, III(z).
(b)
In order to curtail misuse of utility dealer registration plates, the
department shall issue only the number of plates reasonably necessary to a
dealer’s business, as indicated by the following factors:
(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 an individual
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 on the application is currently under suspension or
revocation for a violation of dealer laws or rules.
(h) More than one dealer located in one enclosed
building shall be clearly separated by a permanent physical wall. Each shall
have an independent separate exterior entrance for the public.
(i) No more than one
dealer shall be permitted within one business location without a clearly
defined portion of space with definite boundaries and signage so as not to
confuse the public.
(j) The prohibition in (i)
above shall not apply to more than one DMV licensed business within one business
location if the business name and owners are the same for both businesses.
(k) 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 overview
session 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 ss by #11028, eff 1-29-16
Saf-C 2008.04 Renewal of Utility Dealer Registration. All utility dealer registrations shall expire
biennially on March 31st and shall be renewed in accordance with the
requirements of Saf-C 2003.11(b).
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
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
in accordance with RSA 261:176.
(b) An owner, member, partner, officer or director
of the 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 as follows:
(1) A utility plate may be used
for moving non-motorized vehicles, modular buildings, or chassis with
specialized equipment for business purposes, including but not limited to
delivery, demonstration, sale, or repair;
(2) A utility plate may be used
by a manufacturer or dealer of boats or boat trailers, or his or her employees
or agents contracted by the manufacturer or dealer, for the transportation of
boats in the ordinary course of business, which shall include the sale,
demonstration, delivery, and repair of such boats;
(3) A utility plate may be used
by a manufacturer or dealer of boats or boat trailers, or his or her employees
or agents contracted by the manufacturer or dealer, on a boat trailer not owned
or leased by the manufacturer or dealer if used for the purpose of transporting
a boat or boat trailer to and from his or her place of business for repair or
service;
(4) A utility plate may be used
by a manufacturer, dealer, or installer of manufactured housing, or his or her
employees or agents contracted by the manufacturer, dealer, or installer, on a
manufactured housing chassis owned or not owned by the manufacturer, dealer, or
installer if used solely for the purpose of transporting manufactured housing
to and from his or her place of business for sale or installation;
(5) Any vehicle driven by a utility dealer shall
display a current
(6) Utility plates shall not be loaned or
assigned to any other person; and
(7) Personal use shall be prohibited.
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); ss by #11028, eff 1-29-16
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 an
established place of business, that is a permanent, enclosed commercial
building located within this state, easily accessible and open to the public at
all reasonable times, and at which the business of a dealer may be lawfully
carried on in accordance with the terms of all applicable building codes,
zoning, and other land-use regulatory ordinances, and that shall also:
a. Be a business location where
the retail vehicle dealer conducts sales during normal business hours;
b. Be a business location with
a permanent physical structure that has at least 750 square feet or is
primarily dedicated to the business of selling vehicles; and
c. Be a business location that
clearly and conspicuously displays the business name of the dealer in letters
no less than 10 inches in height, unless prohibited by local zoning;
d. Be a business location whose
signage described in c., above, shall be clearly visible from a traveling
vehicle on the adjacent public way, unless an obstruction exists which cannot
be remedied; and
(3) Obtain a bond, pursuant to RSA 261:98; and
(4) Attend the dealer overview session 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.
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
Saf-C 2009.02 Change 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 all DMV
supplied forms shall be surrendered to the department on the date of transfer
of ownership; and
(3) If the items listed in (b)(2) above are not
surrendered, no new application shall be approved: and
(4) A person who commences business prior to obtaining
approval shall be subject to an administrative hearing.
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; ss by #11028, eff 1-29-16
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) Except as otherwise provided in RSA
261:103-a, IX, 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 subject to 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; ss by #11028, eff 1-29-16
Saf-C 2009.04 Closing or Discontinuance of Business.
(a) Business shall cease in the event of the
following:
(1) The owner relocates without notification,
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; ss by #11028, eff 1-29-16
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 formerly authorized to purchase
temporary plates on behalf of the business who 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 the company name, corporate
structure, or ownership; or
(5) Any change in local government approval
pursuant to Saf-C 2003.04.
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
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 an
individual 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 may request approval from the department to have records for those
locations pursuant to (a) above maintained at one of those established business
locations.
(c) The director shall deny the request of a
dealer pursuant to (b) above if:
(1) The requesting dealer has previously had such
approval revoked, whether or not the previous approval involved the same
business locations; or
(2) The requesting dealer is currently under
suspension or revocation for a violation of dealer laws or rules.
(d) The director shall revoke such approval if:
(1) The dealer maintains its records as described
in (b) in a way that makes such records not reasonably available for inspection
as described in (a); or
(2) The approval was granted in error.
(e) Any dealer requesting or receiving the
approval described in (b) shall keep the director informed of the location in
which the records of multiple business locations are to be kept.
(f) In the event that a business location whose
records have been maintained at another business location is audited by an
individual authorized by the director, a dealer shall make such records
available at the audited location, if the audited location is more than 15
miles away from the location at which the records are kept.
Source. #8966, eff 8-23-07; ss by #11028, eff 1-29-16
Saf-C 2009.07 Leased Business Locations. If the holder of any dealer license issued
pursuant to these rules operates in a leased location, such license holder
shall maintain a valid, written lease agreement for the duration of the license
and shall provide the division with a legible copy of any and all such leases
during the duration of the license.
Source. #11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
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; ss by #11028, eff 1-29-16
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); ss by #11028, eff 1-29-16
Saf-C 2011.02 Payment of
Fines.
(a) Fines may be paid by mail or in person.
(b) In the event a
fine is paid in person, it shall be made to the department at
(c) In the event a fine is paid by mail, it shall
be mailed to:
Department of
Safety
Administrative
Fine Payment
Payment shall be made
in the form of a personal check, cashier’s check or money order.
(d) For the purposes of (b) and (c) above, all
checks or money orders shall be made payable to “NH Department of Safety” or
“New Hampshire Department of Safety”.
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
2010.02); ss by #11028, eff 1-29-16
Saf-C 2011.03 Protested Checks.
(a) When any check is in payment of a fine and
returned to the department as uncollectible:
(1) The check shall not be redeposited; and
(2) The business
office shall forward an advisory letter to the signer of the check which
contains:
a. Notification that the check has been returned
and the reason;
b. Notification that the check cannot be
redeposited;
c. A request for restitution of the full amount
of the check in addition to the penalty authorized by RSA 6:11-a;
d. Notification that payment shall be made by
certified check, money order or cash.
e. Notification that payment made by mail shall
be by certified check or money order; and
f. Notification
that payment shall be made payable to “State of
Department of
Safety
Business Office
(b) Nothing contained in this rule shall preclude
the department from:
(1) Pursuant to Saf-C 211.01,
suspending any dealer plate registered to a dealer that issued a bad check; or
(2) Pursuant to RSA 638:4, seeking criminal
prosecution of any person or dealer that issued a bad check.
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
2010.03); ss by #11028, eff 1-29-16
Saf-C 2011.04 Nonpayment of Fines.
(a) If the fine is not paid within 30 days of receipt
of the order, the department shall send notice to the dealer to appear at an
administrative hearing to show cause why all dealer plates should not be
suspended for non-payment of the administrative fine.
(b) The hearing shall be scheduled no earlier
than 14 days from the date of the notice in (a) above.
(c) In the event the hearings examiner finds that
a dealer has not paid its administrative fine, all of the dealer plates shall
be suspended pending receipt by the department of the administrative fine paid
in full.
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
2010.04); ss by #11028, eff 1-29-16
Saf-C 2011.05 Appeal of an Administrative fine.
(a) Any appeal from an administrative fine shall
be in accordance with the provisions of RSA 541.
(b) An appeal filed pursuant to this section
shall not suspend payment of the fine.
(c) In the event a fine is overturned on appeal,
the department shall, pursuant to the court’s order, refund the fine within 30
working days of the receipt of the court’s order.
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
2010.04); ss by #11028, eff 1-29-16
APPENDIX
RULE |
STATUTE |
|
|
Saf-C 2001.01 |
RSA 541-A:7 |
Saf-C 2001.02 |
RSA 236:112, V(c); RSA 259:47 |
Saf-C 2001.03 |
RSA 259:5-a |
Saf-C 2001.04 |
RSA 259:13 |
Saf-C 2001.05 |
RSA 259:19 |
Saf-C 2001.06 |
RSA 259:18 |
Saf-C 2001.07 |
RSA 541-A:7 |
Saf-C 2001.08 |
RSA 259:20 |
Saf-C 2001.09 |
RSA 259:22 |
Saf-C 2001.10 |
RSA 259:29-a |
Saf-C 2001.11 |
RSA 541-A:7 |
Saf-C 2001.12 |
RSA 259:60-a |
Saf-C 2001.13 – Saf-C 2001.15 |
RSA 541-A:7 |
Saf-C 2001.16 |
RSA 259:89-a |
Saf-C 2001.17 |
RSA 259:87 |
Saf-C 2001.18 – Saf-C 2001.20 |
RSA 541-A:7 |
Saf-C 2001.21 |
RSA 259:114 |
Saf-C 2001.22 |
RSA 259:121 |
|
|
Saf-C 2002.01 |
RSA 541-A:16, I(a) |
Saf-C 2002.02 |
RSA 541-A:16, I(b); RSA 541-A:29 |
Saf-C 2002.03 |
RSA 541-A:16, I(b) |
Saf-C 2002.04 |
RSA 261:96 |
Saf-C 2002.05 |
RSA 261:103-a; RSA 261:104; RSA 261:113; RSA 261:115; RSA 261:120; RSA 261:123; RSA 261:125; RSA 261:136; RSA 261:140-a; |
|
|
Saf-C 2003 |
RSA 259:29-a; RSA 259:89-a; RSA 261:98 —:101; RSA 261:103-a; RSA 261:104; RSA 261:106; RSA 261:109; RSA 261:110; RSA 261:111; RSA 266:8 |
|
|
Saf-C 2004 |
RSA 259:5-a; RSA 259:29-a; RSA 261:98 —:101; RSA 261:103-a; RSA
261:140-a — :140-d |
Saf-C 2004.02(h) |
RSA 259:5-a; RSA
259:29-a; RSA 261:103-a; RSA 261:140-a —
:140-d |
|
|
Saf-C 2005 |
RSA 236:112, V(c); RSA 259:47; RSA 261:98 —:101; RSA 261:123 — :129; RSA 261:131 |
|
|
Saf-C 2006 |
RSA 259:87; RSA 261:98 —:101; RSA 261:136 — :139 |
Saf-C 2006.06 |
RSA 259:87; RSA
261:136 — :139 |
|
|
Saf-C 2007 |
RSA 259:114; RSA 261:114 — :118 |
|
|
Saf-C 2008 |
RSA 259:121; RSA 261:98 —:101; RSA 261:119 — :122 |
|
|
Saf-C 2009 |
RSA 261:103-a; RSA 261:104; RSA 261:113; RSA 261:115; RSA 261:120; RSA 261:123; RSA 261:125; RSA 261:136; RSA 261:140-a; |
|
|
Saf-C 2010 – Saf-C 2011 |
RSA 261:177; RSA 541-A:31 |