CHAPTER Saf-C 2500 MOTOR VEHICLE EQUIPMENT WAIVER

PART Saf-C 2501 DEFINITIONS

Saf-C 2501.01 "After market tinting" means any window tinting applied to the windshield or windows to the left or right of the driver after original manufacture of the motor vehicle.

Saf-C 2501.02 "Applicant" means any person with a medical condition under pursuant to Saf-C 2503.02, who applies for a medical waiver of the tinted glass prohibition pursuant to Saf-C 2502.01.

Saf-C 2501.03 "Commissioner" means "commissioner" as defined in RSA 259:13.

Saf-C 2501.04 "Department" means "department" as defined in RSA 259:19.

Saf-C 2501.05 "Medical condition" means a disease or ailment aggravated by exposure to the sun for which an applicant may obtain a waiver of the tinted glass prohibition if he/she qualifies pursuant to this chapter.

Saf-C 2501.06 "Motor vehicle" means "motor vehicle" as defined in RSA 259:60.

PART Saf-C 2502 TINTED GLASS PROHIBITION

Saf-C 2502.01 Tinted Glass Prohibition. Pursuant to RSA 266:58-a, no motor vehicle registered in New Hampshire shall be driven on any way in New Hampshire, sold or inspected which has after market tinting on the windshield or windows to the left or right of the driver.

Saf-C 2502.02 Tinted Glass Exception. Pursuant to RSA 266:58-a, a strip of after market tinting shall not be prohibited, as long as the strip:

(a) Is not wider than 6 inches; and

(b) Has a light transmittance of not less than 35 percent.

PART Saf-C 2503 MEDICAL WAIVER OF TINTED GLASS PROHIBITION

Saf-C 2503.01 Qualification. Pursuant to RSA 266:58-a, III-a, a person may apply for a medical waiver of the prohibition set forth in Saf-C 2502.01 if he/she has a medical condition as listed in Saf-C 2503.02.

Saf-C 2503.02 Medical Conditions. Medical conditions for which a waiver shall be granted include:

(a) Extreme intolerance to light;

(b) Allergic reactions to the sun;

(c) Melanoma;

(d) Lupus;

(e) Porphyria; or

(f) Any other medical condition which is aggravated by exposure to the sun.

Saf-C 2503.03 Requirements for a Medical Waiver.

(a) Each applicant for a waiver of the tinted glass prohibition shall submit a letter to the commissioner, James H. Hayes Building, 33 Hazen Drive, Concord, NH 03305, written by his/her medical doctor within the last 6 months.

(b) The letter in (a) above shall include the following:

(1) Applicant's name;

(2) Date;

(3) Applicant's address;

(4) Applicant's date of birth;

(5) Name of the medical condition;

(6) Statement of the necessity for tinted windows;

(7) Recommendation from the medical doctor that after market tinting is necessary;

(8) Telephone number of the medical doctor's office; and

(9) Medical doctor's signature.

Saf-C 2503.04 Procedure for Granting a Medical Waiver. Pursuant to RSA 266:61-a, the commissioner shall waive the tinted glass prohibition when:

(a) A letter is received by the commissioner pursuant to the requirements of Saf-C 2503.03; and

(b) The commissioner reviews the letter and determines that:

Saf-C 2503.05 Permit.

(a) Upon granting a waiver, the commissioner shall issue a permit to the person who has the medical condition set forth in Saf-C 2503.02.

(b) The permit shall be form DSMV 473.

(c) The permittee shall sign form DSMV 473.

(d) The permittee shall be issued a permit for no more than 2 vehicles.

(e) The permit shall contain the name of the registered owner of the vehicle to which after market tinting is granted, if different from the permittee.

Saf-C 2503.06 Tinted Glass Requirements After Medical Waiver Granted. An applicant who has been issued a permit by the commissioner shall use after market tinting with a light transmittance of not less than 35 percent.

Saf-C 2503.07 Expiration Date. A permit shall expire 2 years from its date of issuance.

PART Saf-C 2504 DENIAL OF MEDICAL WAIVER

Saf-C 2504.01 Medical Waiver Denied. If an applicant is denied a medical waiver, the commissioner shall state in writing the reasons for the denial and mail it to the applicant.

Saf-C 2504.02 Appeal Process.

(a) Each applicant who has been denied a medical waiver shall have the right to petition the commissioner for a second review of his/her medical condition.

(b) The applicant shall submit a letter to the commissioner, which includes the following:

(1) A statement requesting a second review;

(2) Applicant's name;

(3) Applicant's date of birth;

(4) Applicant's address; and

(5) Telephone number of the medical doctor's office.

(c) The commissioner shall contact the applicant's medical doctor and obtain the following:

(1) A detailed explanation of the applicant's medical condition;

(2) The length of time the applicant has had the medical condition; and

(d) The commissioner shall review the information received from the applicant's medical doctor, pursuant to (c) above.

(e) If the commissioner determines the information received pursuant to (c) above, meets the requirements of Saf-C 2503.04(b), he shall grant a waiver and issue a permit as set forth in Saf-C 2503.05.

(f) If the commissioner determines the information received pursuant to (c) above, does not meet the requirements of Saf-C 2503.04(b), he shall deny a waiver as set forth in Saf-C 2504.01.

PART Saf-C 2505 ENFORCEMENT

Saf-C 2505.01 Permit Display. Each person who has been granted a medical waiver shall keep his/her permit within his/her motor vehicle at all times.

Saf-C 2505.02 Inspection of Motor Vehicle. An inspection station shall not inspect any motor vehicle which has after market tinting on the windshield or windows to the left or right of the driver unless the driver displays a permit granting a tinted glass medical waiver.

Saf-C 2505.03 Presentation of Permit Upon Request. A person shall present the permit granting a tinted glass medical waiver upon request of:

(a) Any law enforcement officer; or

(b) Any inspection station which inspects the motor vehicle.

PART Saf-C 2506 RENEWAL

Saf-C 2506.01 Renewal Process. Each person who has been granted a medical waiver shall renew his/her permit:

(a) During the month before the expiration date; and

(b) Following the procedures set forth in PART Saf-C 2503.