Saf-C 4100

CHAPTER Saf-C 4100 CERTIFICATION FOR ADDITIONAL TRUCK WEIGHTS

Statutory Authority: RSA 266:18-d,VI

PART Saf-C 4101 DEFINITIONS

Saf-C 4101.01 "Commissioner" means “commissioner” as defined in RSA 259:13.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.02 "Department" means “department” as defined in RSA 259:19.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, eff
EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.03 "Final-stage manufacturer" means a person who performs such manufacturing operations on a vehicle that it requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.04 “Highway patrol and enforcement officer” means a law enforcement employee of the department pursuant to RSA 266:1-a.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.05 "Tractor" means "tractor" as defined in RSA 259:108.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.06 "Trailer" means "trailer" as defined in RSA 259:113.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.07 "Vehicle" means a power unit or tractor as defined in RSA 259:108 or a single unit vehicle as defined in RSA 259:100-a.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4101.08 "Vehicle inspector" means a person approved to inspect vehicles for additional weight certification pursuant to Saf-C 4102.05.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

PART SAF-C 4102 CERTIFICATION PROCESS

Saf-C 4102.01 Application for Certification for Additional Truck Weights.

(a) An owner or lessee of a vehicle shall be eligible for an additional registration which authorizes the driving of the vehicle in accordance with the limits established by RSA 266:18, III and RSA 266:18-b.

(b) Each applicant for certification for additional truck weights shall submit form DSMV 552 to the department, along with the appropriate fee set forth in RSA 266:18-d, II.

(1) Name and address of owner or lessee;

(2) Plate number, plate type and date of expiration;

(3) Name and address of manufacturer of the vehicle;

(4) Year of manufacture;

(5) Make;

(6) Model name or number;

(7) Vehicle identification number;

(8) Body style;

(9) Number of axles;

(10) Registered gross weight of vehicle;

(11) Total registration weight sought for the vehicle; and

(12) Certification by the applicant that the:

a. Information contained on the form is correct;

b. Vehicle has not been altered in a way that would reduce the gross vehicle weight rating; and

c. Chassis, axles, tires, rims, brakes, steering components and suspension systems are maintained in good working order.

(d) In addition to (b) above, each applicant shall submit form DSMV 556 on every vehicle for which certification is being requested.

(e) Each applicant shall furnish the following on form DSMV 556:

(1) Name and address of manufacturer of the vehicle;

(2) Make and model;

(3) Year of manufacture;

(4) Vehicle identification number;

(5) Certification from the final stage manufacturer that the vehicle has a specified maximum gross weight or axle weight capacity at the time of manufacture as determined by the components and the summation of the manufacturer's axle design limits for each axle of the vehicle, including the specific weight limits for each axle; and

(6) Signature and title of final stage manufacturer or representative.

(f) In addition to (b) and (d) above, a vehicle inspector shall submit form DSMV 209 on every vehicle for which certification is being requested.

(g) A vehicle inspector shall furnish the following on form DSMV 209:

(1) Name, address and certificate number of the vehicle inspector;

(2) Name and address of inspection station;

(3) Inspection station number;

(4) Plate number and plate type;

(5) Vehicle identification number;

(6) Year of manufacture;

(7) Make and model;

(8) Body style;

(9) Type of business;

(10) Name and address of owner; and

(11) Signature of vehicle inspector.

(h) Form DSMV 209 as set forth in (f) above shall be distributed as follows:

(1) The original to the department;

(2) The yellow copy to the owner or lessee of the vehicle; and

(3) The pink copy to the vehicle inspector.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4102.02 Inspection of Vehicle for Certification for Additional Truck Weights.

(a) A highway patrol and enforcement officer shall inspect each vehicle for which certification for additional truck weights is requested.

(b) After a review of the information submitted pursuant to Saf-C 4102.01 and an inspection of the vehicle, if a highway patrol and enforcement officer grants the application for additional truck weights, the officer shall sign form DSMV 552.

(c) In addition to (a) above, a highway patrol and enforcement officer shall submit form DSMV 208 on every trailer for which certification is requested.

(d) A highway patrol and enforcement officer shall furnish the following on form DSMV 208:

(1) Name and address of owner;

(2) Plate number and plate type;

(3) Vehicle identification number;

(4) Year of manufacture;

(5) Make and model;

(6) Body style;

(7) Gross weight of trailer;

(8) Number of axles;

(9) Length of trailer;

(10) General condition of trailer;

(11) Decal number; and

(12) Signature of officer and date of inspection.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4102.03 Issuance of Certification for Additional Truck Weights.

(a) A vehicle which meets the requirements of Saf-C 4102.01 and Saf-C 4102.02 shall be eligible for certification to carry additional truck weights as provided in RSA 266:18-b.

(b) Each applicant shall pay the appropriate registration fee for the additional truck weights pursuant to RSA 261:141.

(c) The department shall issue certification on a registration year basis and it shall be valid until the end of the registration year for which it is issued unless suspended or revoked as provided in Saf-C 4102.04.

(d) Any vehicle which has been issued certification for additional truck weights shall be renewed in accordance with the requirements of Saf-C 4102.01.

(e) If a vehicle is modified in any manner or if the original certification is lost, the requirements of Saf-C 4102.01 and Saf-C 4102.02 shall be completed.

(f) The department shall issue a decal to any vehicle certified for additional truck weights, which shall be visibly displayed on the front license plate of the vehicle.

(g) The department shall issue a decal to any trailer certified for additional truck weights pursuant to Saf-C 4102.02(c), which shall be displayed on the rear license plate of the trailer.

(h) If a certification is suspended or revoked pursuant to Saf-C 4102.04, the owner or lessee of the vehicle shall return the decal(s) to the department.

(i) The certification for additional truck weights shall be kept in the vehicle at all times.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07

Saf-C 4102.04 Suspension or Revocation of Certification for Additional Truck Weights.

(a) Pursuant to RSA 266:18-d, VI, the commissioner shall, after notice and an opportunity for a hearing, suspend or revoke the certification for additional truck weights for any vehicle which has more than one violation of RSA 266:18-a-d, as applicable, during a calendar year as evidenced by a record of convictions for those violations.

(b) The length of the suspension or revocation shall depend upon the number of convictions for violations of RSA 266:18-a-d that occur during a calendar year.

(1) For 2 convictions, a period of suspension not to exceed 30 days; or

(2) For 3 or more convictions, a period of revocation not to exceed the remainder of the period for which the certification was issued and denial of reapplication for an additional year, if the convictions warrant.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss and moved by #6946, eff
2-25-99 (see Saf-C 4102.05), EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07 (from Saf-C 4102.03)

Saf-C 4102.05 Sufficiency of Horsepower.

(a) The commissioner shall, after a hearing based upon a complaint that a vehicle certified pursuant to these rules has insufficient horsepower and gear-ratio to safely and effectively carry the additional weight authorized by RSA 266:18-b, suspend the certification pending proof from the owner or lessee that the vehicle has sufficient horsepower for such purpose.

(b) A highway patrol and enforcement officer shall, if necessary, conduct an inspection, including an on the road inspection, to determine whether the vehicle has sufficient horsepower to carry the additional weight.

(c) The inspection pursuant to (b) above shall consist of loading the vehicle to the certified additional weight limit and the highway patrol and enforcement officer shall observe the vehicle to determine if it:

(1) Is able to travel at the same rate of speed as the flow of traffic, but not in excess of the speed limit;

(2) Holds up traffic while traveling up hills by traveling slower than 20 miles per hour up hills; and

(3) Is hazardous to the safety of the public because it travels so slowly.

Source. #6946, eff 2-25-99 (from Saf-C 4102.04), EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07 (from Saf-C 4102.04)

Saf-C 4102.06 Certification of Vehicle Inspector.

(a) Any person who is 18 years of age or older shall be eligible to be certified by the commissioner to inspect vehicles for additional weight.

(b) Each applicant for certification as a vehicle inspector shall submit form DSMV 117 to the department.

(1) Applicant’s name, address, date of birth and telephone number;

(2) Name, address and telephone number of the applicant’s employer; and

(3) Certificate number issued pursuant to Saf-C 3200.

(d) In addition to (b) above, the following requirements shall be met:

(1) The applicant has been approved to perform safety inspections on vehicles, pursuant to Saf-C 3200;

(2) The applicant has successfully completed a training course and examination offered by the department in vehicle components, weights and additional weight certifications; and

(3) The applicant is employed by a dealer or inspection station with facilities for inspecting and repairing vehicles certified under these rules and which possess the following equipment:

a. Wheel dolly for removing wheels;

b. Wheel nut sockets up to 4";

c. Heavy jack, 8-10 ton;

d. Drum micrometer;

e. King pin tester;

f. Building with a door at least 14 feet in width and a work area of at least 40 feet in length, excluding office and parts areas;

g. Tire depth gauge in 1/32 inch sizes;

h. Tire pressure gauge, capable of reading truck tire pressures;

i. Open-end wrenches for truck sizes;

j. Box-end wrenches for truck sizes; and

k. Torque wrench for truck sizes.

(e) Any person approved by the commissioner to perform certification inspections pursuant to these rules shall be issued a card, form DSMV 205.

(f) The commissioner shall, after notice and an opportunity for a hearing, revoke approval granted pursuant to this section if a finding is made which indicates that the inspector has:

(1) Failed to abide by these rules;

(2) Submitted an application containing false or misleading information;

(3) Abused his/her inspection authority; or

(4) Terminated his/her employment as required in (d)(4) above.

Source. #9000, eff 9-29-07 (from Saf-C 4102.05)

APPENDIX

RULE	STATUTE

Saf-C 4101.01	RSA 259:13
Saf-C 4101.02	RSA 259:19
Saf-C 4101.03	RSA 541-A:7
Saf-C 4101.04	RSA 266:1-a
Saf-C 4101.05	RSA 259:108
Saf-C 4101.06	RSA 259:113
Saf-C 4101.07 – 4101.08	RSA 541-A:7
Saf-C 4102.01 – 4102.06	RSA 266:18-d, VI