Saf-C 900 Motor carrier

CHAPTER Saf-C 900 MOTOR CARRIER SAFETY RULES

PART Saf-C 901 AUTHORITY AND APPLICABILITY

Saf-C 901.01 Applicability. These rules shall be applicable to all motor carriers and all drivers of commercial motor vehicles, in either intrastate or interstate commerce.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96; amd by #6561, eff 8-20-97; paragraph (a) EXPIRED: 10-11-04; amd by #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 901.02 Adoption of Federal Standards.

(a) Pursuant to RSA 266:72-a, the commissioner hereby incorporates 49 CFR 107, 382, and 385 through 397.

(b) The federal regulations incorporated in (a) above shall be applicable to all drivers and motor carriers set forth in Saf-C 901.01.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 901.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 901.03 Application of Federal Standards.

(a) The following terms, as used in the federal regulations incorporated by Saf-C 901.02, shall have these additional meanings:

(1) United States Department of Transportation also means the New Hampshire department of safety;

(2) Secretary of Transportation also means commissioner of the New Hampshire department of safety; and

(3) Any other reference to federal agencies where there is no comparable state agency also means the New Hampshire department of safety.

(b) In the event there is a dispute regarding the interpretation of the federal standard of application of any rule incorporated by Saf-C 901.02, as it applies to intrastate commerce, the federal interpretation of the rule as it appears in the federal register or the most recent version of the Federal Motor Carrier Safety Administration motor carrier regulation information system shall be used.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 901.02) ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

PART Saf-C 902 DEFINITIONS

Saf-C 902.01 "49 CFR" means Title 49 of the Code of Federal Regulations.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 902.02 “Commercial motor vehicle” means “commercial motor vehicle” as defined in 49 CFR 390.5 except for vehicles designed or used to transport less than 16 passengers, including the driver, and except for vehicles described in RSA 266:72-a, VI.

Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 902.03 "Commissioner" means "commissioner" as defined in RSA 259:13, or the commissioner’s designee.

Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23 (formerly Saf-C 902.02)

Saf-C 902.04 "Department" means "department" as defined in RSA 259:19.

Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23 (formerly Saf-C 902.03)

Saf-C 902.05 "Documents" mean all information, including digital and analog supporting documentation such as, but not limited to toll receipts, fuel receipts, lodging, meals, repair receipts, bills of lading, and dispatch records, which is directly or indirectly related to the motor carrier's operation, maintained in the ordinary course of business or used by the motor carrier to verify the information recorded on the driver's record of duty status.

Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23(formerly Saf-C 902.04)

Saf-C 902.06 “Driver” means “driver” of a commercial motor vehicle as defined in 49 CFR 390.5.

Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 902.07 "Medical examiner" means a person who is licensed, certified, and registered to perform physical examinations as specified in 49 CFR 390.103.

Source. #13684, eff 7-17-2(formerly Saf-C 902.05)

Saf-C 902.08 “Motor carrier” means “motor carrier” as defined in 49 CFR 390.5.

Source. #13684, eff 7-17-23

Saf-C 902.09 "Serious traffic violation" means:

(a) “Serious traffic violation” as defined in RSA 259:98-a, I through III and V through XI; and

(b) Pursuant to RSA 259:98-a, IV, a conviction, when operating a commercial motor vehicle, of any of the following statutes or equivalent out-of-state convictions:

(1) Excessive speeding, pursuant to RSA 265:60, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

(2) Reckless driving, pursuant to RSA 265:79, including but not limited to offenses for driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;

(3) Improper or erratic lane changes or turning, pursuant to RSA 265:24, I, RSA 265:44, and RSA 265:45;

(4) Following too closely, pursuant to RSA 265:25;

(5) Driving under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;

(6) Leaving the scene of a motor vehicle accident resulting in death, personal injury, or damage to property, pursuant to RSA 264:25;

(7) Negligent homicide involving a motor vehicle, pursuant to RSA 630:3;

(8) Manslaughter resulting from the operation of a motor vehicle, pursuant to RSA 630:2;

(9) Racing on highways, pursuant to RSA 265:75;

(10) Negligent driving, pursuant to RSA 265:79-b;

(11) Driving after revocation or suspension, pursuant to RSA 263:64;

(12) Driving a commercial motor vehicle without obtaining a commercial driver’s license pursuant to RSA 263:86;

(13) Using a mobile electronic device while driving pursuant to RSA 265:79-c; and

(14) Causing death or serious bodily injury with a vehicle pursuant to RSA 265:79-a.

Source. #13684, eff 7-17-23 (formerly Saf-C 902.06)

PART Saf-C 903 GENERAL ADMINISTRATION

Saf-C 903.01 Duty of Motor Carrier.

(a) A driver of a motor carrier shall stop their vehicle on the request of any law enforcement officer of the department or other law enforcement agent certified to conduct commercial motor vehicle inspections so that the officer may:

(1) Examine:

a. Vehicle components;

b. Driver's physical condition;

c. Cargo condition; and

d. Documents; and

(2) Enter the cab or cargo area as necessary to determine that:

a. The vehicle is in safe operating condition and in compliance with applicable federal and state regulations; and

b. The cargo is properly secured.

(b) Every driver of a commercial motor vehicle, owner or operator of a motor carrier, or their authorized agent, shall make available during roadside inspections accounts, books, records, receipts, memoranda, correspondence, and any other documents for review and inspection, upon demand by any enforcement officer of the department or other law enforcement agent certified to conduct commercial motor vehicle inspections who in the course of enforcing these rules is acting within the scope of his or her duties and authority. If the documents are not readily available roadside, they shall be made available at the motor carrier's principal place of business during regular business hours.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 901.04); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 903.02 Enforcement of These Rules. This chapter shall be enforced pursuant to the general penalty provisions of RSA 262:41 except for the following:

(a) Violations of hazardous materials transportation, pursuant to RSA 265:118;

(b) Violations of disqualification and out of service orders pursuant to RSA 263:93-a and RSA 263:93-c; and

(c) Pursuant to RSA 266:72-a, V(c), any driver who fails to stop or allow inspection as described in RSA 266:72-a, V(a) shall be guilty of a misdemeanor. A second violation of RSA 266:72-a, V(a) shall result in suspension of the person's license or privilege to drive in New Hampshire and notification of such suspension to national motor vehicle license databases.

Source. #8404, eff 8-2-05 (from Saf-C 901.05); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

PART Saf-C 904 MOTOR CARRIER DRIVERS

Saf-C 904.01 Qualifications; Exemptions.

(a) A person driving a commercial motor vehicle in interstate commerce, as or on behalf of a motor carrier, shall be at least 21 years of age.

(b) Notwithstanding (a) above, pursuant to RSA 21-P:18, a person may drive a commercial motor vehicle in intrastate commerce carrying home heating oil for the purpose of making retail deliveries if they are at least 18 years of age on or before January 1, 2011.

(c) Notwithstanding (a) above, a person driving a commercial motor vehicle in intrastate commerce as or on behalf of a motor carrier, carrying items other than hazardous materials, hazardous substances, or hazardous waste, shall be at least 18 years of age.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90, EXPIRED: 11-16-96

New. #8404, eff 8-2-05 (from Saf-C 902.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

PART Saf-C 905 SAFETY EQUIPMENT REQUIREMENTS

Saf-C 905.01 Safety Equipment Exemptions. The brake requirement rules set forth in 49 CFR 393.42 shall not apply to the towing in intrastate commerce of the following, pursuant to RSA 266:30:

(a) A motor vehicle trailer or semi-trailer with a gross weight of less than 3,000 pounds if the axle weight of the towed vehicle does not exceed 40 percent of the sum of the rated axle weights of the towing vehicle:

(b) Wood-sawing machines;

(d) Cement mixers;

(e) Compressors;

(f) Tar kettles;

(g) Conveyers;

(h) Devices of 2 wheels used by public utilities for the transportation of no more than 6 cables or poles;

(i) Road rollers and sweepers;

(j) Thawing devices; and

(k) Refreshment booths on wheels towed not more than 2 miles at any one time.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 903.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

PART Saf-C 906 DRIVING AND ON-DUTY TIME LIMITED

Saf-C 906.01 Driver Out-of-Service.

(a) Every law enforcement agent certified to conduct commercial motor vehicle inspections shall be authorized to declare a driver out-of-service upon discovering a violation of the out of service criteria.

(b) A driver or motor carrier shall not require or permit an out-of-service driver to operate a commercial motor vehicle until that driver may do so lawfully.

(c) The criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria” (April 1, 2023 edition). For those drivers of vehicles transporting highway route controlled quantities of radioactive materials, the criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” (April 1, 2022 edition).

Source. #2705, eff 5-9-84; amd by #3110, eff 8-30-85; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 905.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; amd by #12769,
eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202, eff 5-6-21; amd by #13478, eff 10-26-22; ss by #13684, eff 7-17-23

PART Saf-C 907 PREVENTIVE MAINTENANCE AND REPAIRS

Saf-C 907.01 Declaring A Commercial Vehicle Out-of-Service.

(a) Every law enforcement agent certified to conduct commercial motor vehicle inspections shall be authorized to declare a vehicle out-of-service upon discovery of a violation of any law or rule that would render further operation of the motor vehicle so imminently hazardous as to be likely to cause an accident or breakdown of the motor vehicle, because of its mechanical condition or loading.

(b) The criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-Of-Service Criteria” (April 1, 2023 edition). For those vehicles transporting highway route controlled quantities of radioactive materials, the criteria to be used by the law enforcement agent for (a) above shall be the “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” (April 1, 2022 edition).

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 906.01); amd by #8722, eff 9-8-06; ss by #10215, eff 10-25-12; amd by #12769,
eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202, eff 5-6-21; amd by #13478, eff 10-26-22; ss by #13684, eff 7-17-23

PART Saf-C 908 FEDERAL FINANCIAL RESPONSIBILITY REQUIREMENTS

Saf-C 908.01 Financial Responsibility. Every motor carrier operating motor vehicles transporting passengers or property in interstate commerce shall comply with the minimum levels of financial responsibility for carriers set forth in 49 CFR 387, and every motor carrier transporting hazardous materials interstate or intrastate, shall comply with the minimum levels of financial responsibility for carriers set forth in 49 CFR 387.9.

Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04

New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05

New. #8404, eff 8-2-05 (from Saf-C 907.01); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

PART Saf-C 909 INTRASTATE MEDICAL WAIVER

Saf-C 909.01 Applicability.

(a) This part shall apply to all drivers of commercial motor vehicles who operate exclusively within the state of New Hampshire.

(b) This part shall not apply to drivers who drive a school bus in a home-to-school or school-to-home mode of transportation.

Source. #8404, eff 8-2-05 (from Saf-C 908.01); ss by #10215, eff 10-25-12; amd by #12119, eff 2-23-17; ss by #13684, eff 7-17-23

Saf-C 909.02 Waiver. A person who is not physically qualified to drive due to having a physical deficiency, as listed in 49 CFR 391.41(b)(1)-(13), but who is qualified to drive a commercial motor vehicle pursuant to 49 CFR 391.11 and has not been disqualified pursuant to 49 CFR 391.15, shall be authorized to drive a commercial motor vehicle if the commissioner grants a waiver pursuant to Saf-C 909.09.

Source. #8404, eff 8-2-05 (from Saf-C 908.02); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.03 Application for Medical Waiver.

(a) Each applicant for a waiver of the physical disqualification shall submit an application to the commissioner. The application shall be addressed and mailed to:

Department of Safety

Division of Motor Vehicles

23 Hazen Drive

Concord, NH 03305

Attn: Medical Waiver Program

(b) The application in (a) above shall be submitted jointly by the driver-applicant requesting the waiver and by the motor carrier that will employ the driver-applicant if the waiver is granted, who shall be the co-applicant.

Source. #8404, eff 8-2-05 (from Saf-C 908.03); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.04 Information Required.

(a) All persons seeking a medical waiver shall complete and submit DSMV 558, “Application for Waiver of Physical Deficiency”, (rev. 04/23).

(b) By signing and dating the medical waiver form, each driver-applicant, official of the employing motor carrier, and medical examiner shall certify that they are signing the form under the penalties of unsworn falsification pursuant to RSA 641:3.

Source. #8404, eff 8-2-05 (from Saf-C 908.04); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.05 Information to Accompany Medical Waiver Application. Each driver-applicant shall attach the following to their application for a waiver:

(a) A copy of the results of the medical examination, conducted pursuant to 49 CFR 391.43;

(b) A copy of the medical certificate completed pursuant to 49 CFR 391.43 (f);

(c) A completed copy of the employment application from the last commercial driving position they held, pursuant to 49 CFR 391.21; and

(d) A copy of the driver-applicant’s certified State Motor Vehicle record for the past three (3) years from each state in which a driver license or permit has been obtained and any at fault accident report records on file for the past ten (10) years.

Source. #8404, eff 8-2-05 (from Saf-C 908.05); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.06 Information to be Provided to the Medical Examiner. The driver-applicant or co-applicant shall provide the medical examiner with a description of the job tasks the driver applicant will be required to perform.

Source. #8404, eff 8-2-05 (from Saf-C 908.06); ss by #10215,e ff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.07 Contents of a Medical Evaluation Summary.

(a) Each driver-applicant, who is not physically qualified pursuant to 49 CFR 391.41(b), shall obtain a medical evaluation summary, typewritten or in legible form, from a medical examiner, who has expertise with the driver-applicant's specific medical condition.

(b) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(1) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle; and

(2) A description of any prosthetic device from a medical examiner or specialist.

(c) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(2) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle;

(2) An assessment and medical opinion of whether the condition is likely to remain medically stable for the duration of the medical waiver;

(3) A recommendation as to the period of time the medical waiver shall be valid, not to exceed 2 years; and

(4) A description of any prosthetic device from a medical examiner or specialist.

(d) Each driver-applicant who is not physically qualified pursuant to 49 CFR 391.41(b)(3)-(13) shall obtain a medical evaluation summary that includes the following:

(1) Whether the impairment interferes with the driver-applicant's ability to perform normal tasks associated with driving a commercial motor vehicle;

(2) An assessment and medical opinion of whether the condition is likely to remain medically stable for the duration of the medical waiver; and

(3) A recommendation as to the period of time the medical waiver shall be valid, not to exceed 2 years.

Source. #8404, eff 8-2-05 (from Saf-C 908.07); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.08 Road Skills Evaluation.

(a) Upon initial application, each driver-applicant shall demonstrate to an agent of the department his or her ability to safely drive the motor vehicle(s) he or she intends to operate and to perform normal tasks associated with operation of such commercial motor vehicle(s).

(b) Upon renewal, a driver-applicant whose condition has degraded since his or her last application shall demonstrate to an agent of the department his or her ability to safely drive the motor vehicle(s) he or she intends to operate and to perform normal tasks associated with operation of such commercial motor vehicle(s); and

(1) Manipulating knobs and switches;

(2) Holding and maneuvering the steering wheel;

(3) Shifting a manual transmission, if the commercial motor vehicle(s) is so equipped;

(4) Having sufficient strength to operate the brakes;

(5) Having sufficient strength to engage the clutch, if the commercial motor vehicle(s) is so equipped;

(6) Having sufficient neck and head mobility to look over his or her shoulder when backing up, if necessary; and

(7) Having sufficient strength to secure chains or other securement devices, if applicable.

Source. #8404, eff 8-2-05 (from Saf-C 908.08); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.09 Criteria for Granting or Denying a Medical Waiver.

(a) The commissioner shall consider the following when deciding to grant or deny a waiver:

(1) Whether the driver-applicant is able to drive the type of commercial motor vehicle without any obstruction caused by his or her physical deficiency;

(2) Whether the results of the medical examination and medical evaluation summary conclude that the driver-applicant's physical deficiency will not hinder his or her ability to drive safely for the duration of the medical waiver; and

(3) Whether the driver-applicant's certified driver record includes moving violations, at-fault accidents, or both for the past 10 years.

(b) The commissioner shall determine, pursuant to RSA 266:72-a, III and (a) above, whether it would or would not jeopardize public safety to grant a waiver.

Source. #8404, eff 8-2-05 (from Saf-C 908.10); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.10 Granting of Medical Waiver.

(a) The commissioner shall grant a medical waiver in the event that doing so would not jeopardize public safety pursuant to Saf-C 909.09(b).

(b) In the event the commissioner grants a medical waiver, they shall notify the driver-applicant, the medical examiner, and the co-applicant, if applicable, of the terms of the waiver.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.11 Denial of Medical Waiver.

(a) In the event the commissioner denies a medical waiver, they shall notify the driver-applicant in writing.

(b) Each person denied a medical waiver shall have an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.12 Renewal Process.

(a) The renewal process may be initiated by the driver-applicant 60 days prior to the expiration date of the waiver.

(b) All persons seeking a renewed medical waiver shall submit DSMV 558, “Application for Waiver of Physical Deficiency”, (rev. 06/23).

(c) Each driver-applicant who has a medical waiver because they are not physically qualified pursuant to Saf-C 909.07(c), shall be required to obtain a current medical evaluation summary in order to renew a medical waiver.

Source. #8404, eff 8-2-05 (from Saf-C 908.11); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.13 Criteria for Granting or Denying a Renewal Medical Waiver.

(a) The commissioner shall consider the following when deciding to grant or deny a renewal medical waiver:

(1) Whether the driver-applicant is able to drive the type of commercial motor vehicle without any obstruction caused by their physical deficiency;

(2) Whether the results of the medical examination and medical evaluation summary conclude that the driver's physical deficiency will not hinder their ability to drive safely for the duration of the renewal medical waiver;

(3) Whether the driver-applicant's certified driver record includes moving violations incurred while driving under the current medical waiver;

(4) Number of accidents caused by the driver-applicant while driving under the current medical waiver; and

(5) Whether the driver-applicant violated any of the provisions of Saf-C 909.16 while driving under the current medical waiver.

(b) The commissioner shall determine, pursuant to RSA 266:72-a, III and (a) above, whether it would or would not jeopardize public safety to grant the renewal of a medical waiver.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.14 Granting of Renewal Medical Waiver.

(a) The commissioner shall grant a renewal medical waiver in the event that doing so would not jeopardize public safety pursuant to Saf-C 909.13(b).

(b) In the event the commissioner grants a renewal medical waiver, they shall notify the driver-applicant, the medical examiner, and the co-applicant, if applicable, of the terms of the waiver.

(c) A renewal waiver shall be valid for a period of 2 years from the date the renewal waiver is granted, unless otherwise specified by the department upon the recommendation of a medical examiner.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.15 Denial of Renewal Medical Waiver.

(a) In the event the commissioner denies a renewal medical waiver, they shall notify the driver-applicant in writing.

(b) Each person denied a renewal medical waiver shall have an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.16 Duties.

(a) Each driver who has obtained a medical waiver or motor carrier that employs a commercial driver who has obtained a medical waiver shall:

(1) File with the commissioner, within 30 days of occurrence, the following:

a. Any accident;

b. Any driver license suspension or revocation; or

c. Any motor vehicle conviction;

(2) Permit the driver to drive only the type of commercial motor vehicle(s) set forth in the medical waiver, subject to all the conditions and limitations of the waiver; and

(3) Maintain a copy of the medical waiver in its driver qualification files.

(b) Each driver who obtains a medical waiver shall furnish each employing motor carrier with a copy of the medical waiver and notify the department of any change in employment.

(c) Each driver shall have the medical waiver, or a legible copy of the waiver, in his or her possession when driving a commercial motor vehicle.

(d) Each driver shall immediately notify the department in the event the driver's medical condition deteriorates to such a degree that will interfere with his or her ability to safely drive a commercial motor vehicle.

Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.17 Revocation of Waiver.

(a) The commissioner shall revoke a waiver for just cause after the driver is given notice and an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.

(b) For the purposes of (a) above, "just cause" shall include:

(1) Evidence of deterioration of medical condition;

(2) Evidence of a serious traffic violation, as set forth in Saf-C 902.06;

(3) Evidence that the driver caused an accident;

(4) Evidence that the driver is driving a motor vehicle not listed in the application;

(5) Evidence that the driver is not able to operate the type of commercial vehicle without any obstruction caused by their physical deficiency; or

(6) Evidence of a violation of any of the provisions of these rules.

(c) The determination by the commissioner whether a waiver will be revoked shall be based upon the facts and circumstances of each case.

(d) Notwithstanding (a) above, the commissioner shall revoke a waiver immediately, pursuant to RSA 263:59, if the commissioner receives evidence that the driver:

(1) Is physically or mentally an improper or incompetent person to drive a commercial motor vehicle;

(2) Is driving improperly or so as to endanger the public;

(3) Is appealing a conviction of a serious traffic violation, as set forth in Saf-C 902.06; or

(4) Made a material false misrepresentation in the application or renewal application of the medical waiver.

(e) Any driver who has had their waiver revoked pursuant to (d) above, shall be entitled to a hearing. Any driver desiring a hearing shall present a written request for such to the bureau of hearings in the department. The bureau of hearings shall schedule the requested hearing no later than 15 days from receipt of the hearing request.

Source. #8404, eff 8-2-05 (from Saf-C 908.13); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

Saf-C 909.18 False Information.

(a) False information contained in the application or renewal application by either the driver-applicant or the co-applicant shall be grounds for denying a waiver or for revoking a waiver.

(b) The determination by the commissioner whether a waiver will be denied or revoked because of false information shall be based upon the facts and circumstances of each case.

Source. #8404, eff 8-2-05 (from Saf-C 908.14); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23

APPENDIX A

Rule	Specific State Statute the Rule Implements

Saf-C 901.01-901.03	RSA 266:72-a
Saf-C 902.01-902.02	49 CFR; RSA 541-A:7
Saf-C 902.03	RSA 259:13
Saf-C 902.04	RSA 259:19
Saf-C 902.05-902.08	49 CFR; RSA 541-A:7
Saf-C 902.09	RSA 259:98-a; RSA 541-A:7
Saf-C 903.01	RSA 266: 1; RSA 266:72-a
Saf-C 903.02	RSA 262:41
Saf-C 904.01	RSA 21-P:17; RSA 21-P:18; RSA 266:72-a
Saf-C 905.01	RSA 266:30
Saf-C 905.01(a)	RSA 266:30; RSA 266:72-a
Saf-C 906.01 & Saf-C 907.01	RSA 266:72-a
Saf-C 908.01	RSA 264:21 & RSA 266:72-a
Saf-C 909	RSA 266:72-a, III

APPENDIX B

Rule

Material Incorporated

How Material May be Obtained

Saf-C 906.01(c) and Saf-C 907.01(b)

North American Standard Out-of-Service Criteria (April 1, 2023)

Available from the publisher, Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 301

Greenbelt, MD 20770

Telephone: 301.830-6143

Fax: 301.830-6144

Purchase Online: https://www.cvsa.org/inspections/inspections/out-of-service-criteria/

Cost: $50.00, plus shipping; members $45.00 plus shipping.

Saf-C 906.01(c) & Saf-C 907.01(b)

North American Standard Out of Service Criteria and Level VI Inspection Procedures for Commercial Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403 (April 1, 2022)

Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 310

Greenbelt, MD 20770-6319

Tel: 301.830-6143

Fax: 301.830-6144

Available by email request by emailing Carlisle Smith: Carlisle Smith

Carlisle.smith@cvsa.org

Free of Charge