DEPARTMENT
OF SAFETY
Commissioner's
Office
Tel.
# (603) 271-2791
Revision Note:
Document
#2789, effective 8-2-84, contained Part Saf-C 201
relative to agency procedures, notice, complaints, and hearings. Part Saf-C 201
expired on 8-2-90, and the rule number is now reserved for future
rulemaking. Document #2789 had
superseded Document #2286, effective 1-19-83.
The
requirements in former Part Saf-C 201 were largely
incorporated into Part Saf-C 202 by Document #4844,
effective 6-20-90.
CHAPTER Saf-C
200 PROCEDURAL AND HEARINGS RULES
Statutory
Authority: RSA 21-P:14, IV (j), (k), (q)
and (s); RSA 21-P:14, V (e), (f), (g), and (p); RSA 262:19, VI; and RSA 263:98,
V
PART
Saf-C 201 PURPOSE
Saf-C
201.01 Purpose.
(a)
The purpose of these rules is to set forth:
(1) The practice and procedures for the
administrative hearings conducted by the commissioner;
(2) The motor vehicle accident reporting requirements;
(3) The handling of protested checks;
(4) A uniform point system for identifying
frequent violators of traffic laws;
(5) The approval process for driver improvement
courses; and
(6) The approval process for driver attitude
courses.
Source. #6337, eff 9-25-96; ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04
Saf-C
201.02 Scope. All administrative hearings conducted by the
commissioner or director or his designee shall be
governed by the rules of practice set forth herein unless otherwise provided
for by rules adopted by the department.
Source. #6337, eff 9-25-96; ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04
Saf-C
201.03 Applicability.
(a)
Except as otherwise provided by department rules, the rules in this
chapter shall apply to any adjudicative proceedings held by the department.
(b)
The hearings examiner shall not waive any of the provisions of these
rules.
Source. #7349, eff 8-22-00; ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04
PART
Saf-C 202
DEFINITIONS
Saf-C
202.01 Definitions. Whenever used in these rules, the following
terms shall be construed as set forth below, unless different meaning is
clearly stated within the text:
(a)
"Accident" means "accident" as defined in RSA
259:1-a.
(b)
"Accident evaluator" means an individual who conducts a
detailed review and examination of motor vehicle and police accident reports to
determine compliance with the provisions of the New Hampshire financial
responsibility law, RSA 264.
(c)
"Administrative hearing" or "hearing" means a
proceeding in which the legal rights, duties, immunities
or privileges of a respondent are required by law or rule to be determined by
the commissioner or director or their agents after an opportunity for a
hearing.
(d)
"Agent" means any person designated by the department to
engage in administrative procedures.
(e)
"Calendar year" means January 1 through December 31.
(f)
"Certificate" means "certificate" as defined in RSA
259:9.
(g)
"Complaint" means a written statement submitted by a person,
association, partnership, corporation, state agency or any other legal entity
that sets forth specific allegations and requests administrative action by the
department.
(h)
"Commissioner" means the commissioner of the
(i) "Conviction" means a finding, as
determined by the court, of guilty, guilty continued for sentencing, or placed
on file with a finding of guilty, and also includes
the definition in RSA 259:14.
(j)
"Dealer" means "dealer" as defined in RSA 259:18.
(k)
"Department" means "department" as defined in RSA
259:19.
(l)
"Director" means "director" as defined in RSA
259:20, or his or her designee.
(m)
"Division" means "division" as defined in RSA
259:22.
(n)
"Driver" means "driver" as defined in RSA 259:25.
(o)
"Financial responsibility administrator" means the individual
designated pursuant to RSA 260:7, II, to assist the director for the purpose of
administration of the motor vehicle financial responsibility law, RSA 264.
(p)
"Foreign state" means any state within the
(q)
"Habitual offender" means "habitual offender" as
defined in RSA 259:39.
(r)
"Hearings examiner" means the individual designated by the
department to hold administrative hearings.
(s)
"Judgment" means "judgment" as defined in RSA
259:46.
(t)
"License" means "license" as defined in RSA 259:48.
(u)
"Licensee" means a person to whom a license, as defined in (t)
above, has been granted.
(v)
"Motor vehicle" means "motor vehicle" as defined in
RSA 259:60.
(w)
"Next of kin" means "next of kin" as defined in RSA
259:66-a.
(x)
"Non-resident" means "non-resident" as defined in
RSA 259:67.
(y)
"Owner" means "owner" as defined in RSA 259:72.
(z)
"Party" means each person named or admitted as a person who
has an interest in the subject matter of the administrative hearing held
hereunder and necessary to the conduct of such hearing.
(aa)
"Permit" means any and all documents
conveying privileges, such as but not limited to inspection stickers, dynamite
permits, non-driver's identification, school bus permits, dealer privileges and
inspection privileges, issued by the department.
(ab)
"Person" means "person" as defined in RSA 259:74.
(ac)
"Reciprocating state" means "reciprocating state" as
defined in RSA 259:84.
(ad)
"Resident" means "resident" as defined in RSA
259:88.
(ae)
"Revocation" means "revocation" as defined in RSA
259:90.
(af) "Road toll administrator" means the
individual designated pursuant to RSA 260:7, I, to assist the director for the
purpose of administration of the motor vehicle road toll laws, RSA 260:30 et.
seq.
(ag)
"Security agreement" means "security agreement" as
defined in RSA 259:97.
(ah)
"SR-22 certificate" means a uniform document filed by an
insurance company pursuant to RSA 264:21 and RSA 259:9 that certifies the
policyholder is insured for
(ai)
"SR-26 certificate" means a uniform document filed by the
insurance company that provides notice that the SR-22 certificate issued to the
policyholder has been canceled.
(aj) "State" means "state" as
defined in RSA 259:106.
(ak) "Suspension means "suspension"
as defined in RSA 259:107.
(al)
"Uninsured motor vehicle" means "uninsured motor
vehicle" as defined in RSA 259:117.
(am)
"Vehicle" means "vehicle" as defined in RSA 259:122.
(an)
"Way" means "way" as defined in RSA 259:125.
(ao) "Working days" means days exclusive
of Saturdays, Sundays, and state and federal holidays.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (formerly Saf-C 202.02); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04
PART
Saf-C 203
PROCEDURAL RULES
Saf-C
203.01 Complaints.
(a)
Within 30 days after receipt of a complaint and completion of an
investigation, the commissioner shall review the complaint to determine whether
any statutory basis exists for administrative action.
(b)
If no basis for administrative action exists, the complaining party
shall be notified within 30 days from the conclusion of the investigation and
the complaint shall be dismissed. In
such a case, a hearing shall not be scheduled on the complaint.
(c)
Upon investigating a complaint, if the commissioner determines that the
complaint is incomplete, or that additional information is required in order to determine whether a statutory basis exists for
administrative action, the commissioner shall temporarily defer any action and
shall notify the complainant of any additional information that shall be
required.
(d)
If the commissioner determines that a statutory basis exists for
administrative action, the commissioner shall, in accordance with these rules,
schedule a hearing and issue notice thereof.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5064, eff 2-7-91; amd by #5274, eff 11-20-91; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 202.03);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04
Saf-C
203.02 Notice of Hearing Requirements.
(a)
Unless otherwise provided in these rules, all notices of hearings shall
be given in writing, or if prearranged by electronic means, and addressed to
the party being called in for the hearing.
The notice shall be prepared on an official form of the department and
shall be sent in a sealed envelope through first class
(b)
If an attorney files an appearance on behalf of a party, all subsequent
correspondence from the department relative to that appearance shall be
forwarded to the attorney and no further correspondence shall be forwarded directly
to the client.
(c)
In the event an attorney no longer represents the party, the party shall
file a written statement of this fact with the commissioner, allowing
subsequent correspondence from the department to be forwarded to the party.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 202.04); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04
Saf-C
203.03 Requests for Hearings.
(a)
An individual requesting a hearing shall do so in writing and file it at
the bureau of hearings. Facsimiles at 603 271 6653 or email requests at Safety-hearings@safety.state.nh.us
shall be accepted.
(b)
All requests for a hearing shall be typed, legibly written
or printed.
(c)
The request for a hearing shall contain the following:
(1) The name date of birth and address of the
individual requesting the hearing;
(2) The name and address of the individual’s
representative, if any;
(3) A concise statements of the
facts which warrant the relief requested;
(4) A description of the action which the
individual wishes the bureau to take;
(5) A citation to any statutes, rules, orders, or
other authority which entitles the individual to the relief requested; and
(6) The signature of the individual with a date
indicating when the request was signed.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6068, eff 7-28-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 202.05); amd by #7349, eff 8-22-00; amd by
#8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04
Saf-C
203.04 Contents of Notice. All notices shall comply with RSA 541-A:31,
III.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5274, eff 11-20-91; amd by #6249, INTERIM, eff
6-16-96, EXPIRESS 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.03)
Saf-C
203.05 Scheduling of Hearing. Unless otherwise provided in these rules,
each hearing shall be assigned a hearing number and set for a date as soon as
practical after the complaint has been received and reviewed. The hearing shall be scheduled to allow a
reasonable time for preparation of the case by both the department and the
parties.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 202.07); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.04)
Saf-C
203.06 Requests for Continuances.
(a)
A request for continuance of a hearing shall be made in writing with a
copy to the respective party(s) and received by the department, absent exigent
circumstances, at least 5 working days prior to the hearing.
(b)
Exigent circumstances shall include:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other unforeseeable circumstance beyond
the party's control that requires the party's absence from the scheduled
hearing.
(c)
Appearance by a representative of a party shall not waive the party's
required presence at a hearing.
(d)
The written request or motion shall contain but not be limited to:
(1) The specific reason(s) for the request
including issue(s) to be resolved and conflicts with scheduled court appearances;
(2) Optional dates and times when all interested
parties shall be available;
(3)
The identity of the requestor; and
(4) The name and date of birth of the respondent.
(e)
If optional dates and times are not provided as required by (d)(2), the
bureau shall deny the request.
Source. #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91;
amd by #5687, eff 8-20-93; amd
by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff
9-25-96 (from Saf-C 202.08); ss by #8174, INTERIM,
eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.05)
Saf-C
203.07 Assignment and Transfer of
Cases.
(a)
When a case is assigned to a hearings examiner, it shall remain with
that hearings examiner until the case is concluded unless transferred pursuant
to these rules.
(b)
The presiding hearings examiner shall not be the person who is the
official complainant against the party involved.
(c)
In the event of absence, disability or disqualification of a hearings
examiner, a case assigned to one hearings examiner shall be transferred to another
by the appropriate supervisor.
(d)
A case may be transferred from one designated location to another with
due regard for the convenience and necessity of the parties or witnesses, and
as the interests of justice may require.
Source. #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (from Saf-C
202.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.06)
Saf-C
203.08 Hearings Examiner Withdrawal. Each hearings examiner shall, at any stage of
the hearing process, withdraw from a case if the hearings examiner has or has
had a personal or business relationship with any party, witness or
representative, that may hinder him or her from being able to arrive at an
impartial decision on the issue(s), or for any other reason that might
interfere with his or her ability to remain impartial.
Source. #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 202.10); amd by #7349, eff 8-22-00; amd by
#8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C
203.07)
Saf-C 203.09 Representation of Parties.
(a)
Parties may appear pro se or be represented by an attorney or as
specified by RSA 311:1.
(b)
Parties or their representatives may cross-examine witnesses and present
evidence and witnesses on their own behalf.
(c)
In the event a representative or party appears to be unable to ask
pertinent questions regarding the issue(s) for which the hearing is being held,
the hearings examiner shall conduct and complete such questioning to obtain all
necessary information for the hearing examiner to make a fair and informed
decision.
(d)
Appearance by a representative of a party shall not waive the party's
required presence at a hearing.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5314, eff 1-27-92 (Interim); ss by #5398, eff 5-20-92; amd
by #5688, eff 8-20-93; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.11); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.08)
Saf-C
203.10 Public Access.
(a)
Except as otherwise provided by law, administrative hearings shall be
open to the public.
(b)
Members of the press shall be admitted to the hearings whenever the
public is permitted. If the press is
present at a hearing, the hearings examiner shall brief them, off the record,
in the presence of all parties, as to the nature and purpose of the hearing.
Source. #2250, eff 12-31-82;
ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 202.12); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.09)
Saf-C
203.11 General Authority of Hearings
Examiners.
(a)
Subject to the statutes and rules governing the department, each
hearings examiner shall have the authority to:
(1) Schedule and hold hearings;
(2) Administer oaths and affirmations;
(3) Issue subpoenas on behalf of the state;
(4) Determine the order of proof in any proceeding;
(5) Receive relevant evidence and rule on offers
of proof in hearings;
(6) Take official notice of any facts which are
of common knowledge and general notoriety;
(7) Take, or cause to be taken, depositions;
(8) Regulate and control the course of an
administrative hearing;
(9) Hold on the record conferences for the
settlement or simplification of issues, or for obtaining stipulations as to
issues of fact or proof by consent of the parties;
(10) Dispose of procedural requests, including
adjournments or continuances, at the request of the parties or on the hearing
examiner's own motion;
(11) Interview and examine witnesses as the case
may require;
(12) Direct parties to appear at hearings;
(13) Consider and evaluate the facts and evidence
on the record and make findings of fact, conclusions of law, and dispositions;
(14) Determine credibility or weight of evidence
in making findings of fact and conclusions of law;
(15) Render oral and written decisions, reports or
recommendations as authorized by statute or rule;
(16) Make a complete record of any proceeding
including all relevant matters;
(17) Take any action in a proceeding necessary to
conduct and complete the case not inconsistent with applicable statutes, rules,
and precedents;
(18) Place an individual or other legal entity on probation;
(19) Place all or part of a penalty in abeyance
providing that this action is not inconsistent with any other rule or law; and
(20) Require that a respondent have a picture
taken for identification purposes.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5274, eff 11-20-91; amd by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by
#6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff
9-25-96 (from Saf-C 202.13); ss by #8174, INTERIM,
eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.10)
Saf-C
203.12 Control of Hearing.
(a)
In cases of disorder or refusal to comply with the rules of the hearing,
the hearings examiner shall use reasonable means to control the hearing.
(b)
Parties, representatives, and witnesses shall not engage in bitter
exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the hearings
examiner shall admonish the offender reminding the offender that such behavior
does not contribute to a fair hearing and impedes the orderly disposition of a
case.
(c)
If the offense is repeated and further admonition appears fruitless, the
hearings examiner shall exclude a disorderly person from the hearing.
(d)
A disorderly person shall not lose the case because of his/her offensive
conduct or the offensive conduct of his/her representative or witness.
(e) Notwithstanding (d) above, if a disorderly
person's offensive conduct is so flagrant that it prevents the completion of
the case, the disorderly person shall be warned that his/her conduct shall
result in a default judgment entered for the case. Such party may reopen the
case upon submitting his/her offer of proof or argument in an orderly fashion.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 202.14); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.11)
Saf-C
203.13 Record of Hearing.
(a)
The hearings examiner shall record the administrative hearing and so
notify all parties present.
(b)
The hearings examiner shall make available, upon written request by a
party and upon receipt of payment as set forth in Saf-C
203.14(b), a duplicate copy of the recording.
(c)
Pursuant to RSA 541-A:31, VII, a party may request, in writing, a
transcript of the hearing but shall first pay all reasonable costs for such
transcription, as specified in Saf-C 203.14(b).
(d)
The written request for a duplicate copy of the recording or a
transcript shall be submitted and received by the hearings examiner no later
than 75 days from the date of the final decision of the administrative
hearing. The department shall retain
hearing recordings for at least 75 days from the date of final decision.
(e)
Any person attending an administrative hearing may tape or otherwise
record the hearing. The hearings
examiner conducting the hearing, upon being advised of any person's intention
to make such a recording, shall notify all parties present of the fact that
this record is in addition to the official recording being made by the bureau of
hearings.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5228, eff 9-25-91; amd by #5753, eff 12-2-93; ss
by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff
9-25-96 (from Saf-C 202.15); amd
by #7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.12)
Saf-C
203.14 Fee Schedule and Pre-Hearing
Access.
(a)
Unless otherwise provided by these rules, any party or his
representative shall be provided, upon request, with copies of material regarding
the issue(s) to be decided.
(b)
Requests pursuant to (a) above, shall be accompanied by the following
fees:
(1) For accident reports, $1.00 per page;
(2) For insurance records, $8.00 per record;
(3) For certified records, $10.00 per record;
(4) For a complete non-certified driving record,
$8.00 per record;
(5) For non-certified copies of any notices or
documents, such as, but not limited to suspension notices, revocation notices,
restoration notices, or hearing reports, $1.00 per page;
(6) For certified notices, $5.00 per page;
(7) For certified accident report, $5.00 per page;
(8) For certified typed transcript of hearing,
$3.75 per page;
(9) For a copy of an audio record of the hearing,
$25.00 per recording accompanied by a blank storage and container compatible to
the type of recording made.
(c)
Public records, not otherwise declared confidential by law, shall be
open for inspection by appointment with the bureau of hearings or the financial
responsibility administrator.
(d)
All checks for fees set forth in this section shall be made payable to
the State of
Source. #2250, eff 12-31-82;
ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5377, eff 4-21-92; amd by
#5688, eff 8-20-93; ss by #6143, eff 12-21-95; ss by #6337, eff 9-25-96; ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C
203.13)
Saf-C 203.15
Identification of Parties.
(a)
The hearings examiner shall, at the opening of the hearing:
(1) Determine the identities of all parties and
their representatives and witnesses;
(2) Obtain the parties addresses and the correct
spelling and pronunciation of their names and addresses;
(3) Record on the report of the hearing, the name
of the respondent and his/her representative(s), members of the prosecution,
and all witnesses appearing;
(4) Identify himself or herself, his/her official
title and function and briefly summarize the following:
a. The purpose of the hearing;
b. The issues involved;
c. The procedural rights of all parties; and
d. The statute(s) or rule(s) under which the
hearing is being held.
(b)
For the purposes of (a)(1), if a party's or witness' identity is in
question, the hearings examiner shall require the individual to produce an
official driver license, nondriver identification form or other official
verification of identity.
Source. #2250, eff 12-31-82;
ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 202.16); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C
203.14)
Saf-C
203.16 Sequestering of Witnesses.
(a)
If there is a clear dispute of facts between the parties in which the
credibility of testimony might determine the outcome of the hearing, the
hearings examiner, on the request of a party, shall sequester witnesses until
they are called to testify.
(b)
Notwithstanding (a) above, a witness shall be sequestered only if
prosecution and defense, as appropriate, shall have one individual present
throughout the process to ensure neither side is placed at an unfair advantage
for summation.
Source. #2250, eff 12-31-82;
ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 202.17); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C
203.15)
Saf-C
203.17 Oaths or Affirmations.
(a)
In any hearing in which administrative action affecting the rights or
privileges of any party might be taken, an oath or affirmation shall be administered
by the presiding hearings examiner to each witness prior to identifying each
witness and receiving testimony.
(b)
If a witness asserts an objection to the taking of an oath for religious
or other related reasons, an affirmation shall be administered.
(c)
Interpreters shall be administered an oath or affirmation to truthfully
and accurately translate, to the best of their ability, all questions asked and answers given.
(d)
Once a witness has taken the oath or made the affirmation at any hearing
it shall not be necessary for him or her to be sworn again for subsequent
testimony on the same day and in the same case.
The record of the proceeding shall indicate that a person was recalled to testify and reminded that s/he was still under oath or affirmation.
Source. #6337, eff 9-25-96
(from Saf-C 202.18); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.16)
Saf-C
203.18 Motions.
(a)
Motions shall be in written form unless orally presented at the
hearing. Written motions shall be
included in the record of the proceeding and filed together with the case file.
(b)
All written motions submitted on the date of the hearing shall be
excluded from consideration by the hearings examiner.
(c)
Notwithstanding (b) above, the hearings examiner shall accept a written
motion submitted on the day of the scheduled hearing if the moving party is
able to show:
(1) The existence of newly discovered evidence
which due diligence would not have discovered prior to the hearing; or
(2) Exigent circumstances, pursuant to Saf-C 203.05(b), existed that prevented the filing of the
motion prior to the day of the hearing.
(d)
If the hearings examiner accepts the written motion on the day of the
scheduled hearing and the opposing party requests time to respond, a
continuance shall be granted. The continuance shall be attributed to the party
submitting the motion.
(e)
Oral motions shall be recorded in full in any transcript of the
proceeding.
(f)
Once all testimony has been heard and closing arguments, if any, have
been completed, the hearing shall be closed and no motion(s) in any form shall
be allowed unless expressly authorized by these rules.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #6143, eff 12-21-95; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.19); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.17)
Saf-C
203.19 Applicable Rules of Evidence. The following rules shall govern the
introduction and admissibility of evidence at administrative hearings.
(a)
Administrative hearings shall not be bound by common law or the rules of
evidence.
(b)
All relevant evidence shall be admissible.
(c)
Evidence may include, but shall not be limited to:
(1) Depositions;
(2) Affidavits;
(3) Official documents; and
(4) Testimony of witnesses.
(d)
Pursuant to RSA 541-A:33, II, the hearings examiner may exclude any
irrelevant, immaterial, or unduly cumulative or repetitious evidence.
(e)
Applicable statutory and constitutional privileges and immunities
requiring exclusion of evidence in civil proceedings shall be recognized,
provided however, that nothing contained herein shall prohibit a party from
waiving his privilege or immunity.
Source. #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (from Saf-C
202.20); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.18)
Saf-C
203.20 Concluding Proceeding. No party shall be required to rest his case
at a given time, except when a hearings examiner has heard all relevant
evidence and rebuttals.
Source. #6337, eff 9-25-96
(from Saf-C 202.21); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.19)
Saf-C 203.21 Rendering Decision.
(a)
Except as otherwise provided by law, within a reasonable time after the
hearing, not to exceed 30 working days after the conclusion of the hearing, the
hearings examiner shall issue a written decision stating the action to be taken
by the department, the reason therefore, and notify the respondent of his/her
rights to appeal.
(b)
All decisions shall be reached on the basis of
a preponderance of the evidence.
(c)
The decision of the hearings examiner shall constitute the decision of
the commissioner.
(d)
The decision setting forth findings of fact, conclusions of law and
disposition, made by the hearings examiner, shall be provided to all parties.
(e)
Upon request of the hearings examiner, either party may submit proposed
findings of fact and conclusions of law.
If submitted, the hearings examiner's decision shall include rulings on
the proposals.
Source. #6337, eff 9-25-96;
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C
203.20)
Saf-C
203.22 Failure to Appear.
(a)
Any party to whom a notice of hearing has been forwarded but fails to
appear shall have a default judgment rendered against him or her which shall
result in administrative action being taken if, after a review of the case
file, a hearings examiner determines that a lawful basis for such action
exists. However, there shall be no
default judgment if the commissioner determines there was good cause for
failing to appear.
(b)
Good cause shall include, but not be limited to:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other unforeseeable circumstance beyond
the party's control that requires the party's absence from the scheduled hearing.
Source. #6337, eff 9-25-96
(from Saf-C 202.23); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.21)
Saf-C
203.23 Re-Opening of Cases.
(a)
Whenever a hearings examiner is satisfied that good cause exists to
explain why a person failed to appear at an administrative hearing at which a
default decision was rendered, the hearings examiner shall strike the default
judgment and reopen the case for determination on the merits.
(b) Good cause shall shall
be as specified in Saf-C 203.22 (b).
(c)
A case that has been decided other than by default shall be reopened
whenever:
(1) A party alleges the existence of newly-discovered evidence which due diligence would not have
discovered prior to hearing; or
(2) A party alleges any material error, omission,
misconstruction of applicable statutes or rules or misrepresentations of
applicable precedents.
(d)
An application to reopen a case shall be in the format of a written
request when submitted pursuant to (c) above.
It shall outline the newly discovered evidence or an allegation and
specific references of material error, omission or misconstrued statutes or
rules, or misrepresentation of applicable precedents.
(e)
In the case of a default judgment, a request pursuant to (a) above,
shall be submitted to and received by the department no later than 15 working
days from the date of the default or from the date of the condition that
prevented the appearance and notification no longer existed, whichever occurs
first. Requests received subsequent to the time requirement shall be denied as
untimely. An application to reopen shall
not suspend the applicable appeal period prescribed by statute.
(f)
An application to reopen a case, when submitted pursuant to (a) above,
shall outline the good cause, pursuant to (b) above, that existed which
precluded the person from appearing at the administrative hearing.
(g)
An application to reopen cases shall be denied if it is determined that
such application:
(1)
Is made solely to obtain a delay in the
disposition of the case; or
(2) Is not in compliance with this section.
Source. #6337, eff 9-25-96
(from Saf-C 202.24); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.22)
Saf-C
203.24 Official Notice.
(a)
The hearings examiner shall take official notice pursuant to RSA
541-A:33, V.
(b)
The hearings examiner shall state on the record the matters of which
he/she intends to take official notice, and afford the
parties the opportunity to object.
Source. #6337, eff 9-25-96
(from Saf-C 202.25); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.23)
Saf-C
203.25 Multiple Cases: Consolidation. Where the interests of justice shall be
better served without substantial prejudice to the rights of any party, a
hearings examiner shall sever one case from another or shall consolidate 2 or
more cases preserving for all parties the right of appeal from the single or
several decisions rendered.
Source. #6337, eff 9-25-96
(from Saf-C 202.26); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-A,
eff 12-17-04 (formerly Saf-C 203.24)
Saf-C
203.26 Notice of Suspension or
Revocation.
(a)
Unless otherwise provided in these rules, all notices of suspension or
revocation shall be sent on an official form of the department by first class
mail or personal service.
(b)
The notice of suspension or revocation shall contain the following:
(1) The name, address and date of birth of person
against whom the suspension or revocation is issued;
(2) The date of action;
(3) The file number, if any;
(4) An indication as to whether suspension or
revocation is being issued;
(5) The license or registration number, or both
as appropriate;
(6) The privileges and permits subject to
administrative action;
(7) The period of suspension or revocation;
(8) An indication as to:
a. The court action and date;
b. The accident involvement and date;
c. The administrative action and date;
d. The default action and date;
e. The insurance canceled and date; and
f. Whether security is required and if so,
amount thereof and date required;
(9) The reason for suspension or revocation;
(10) Notification that when a license has been
suspended or revoked, driving of motor vehicles shall cease and the license
shall be returned to the department at once;
(11) Notification that driving of motor vehicles
shall not be resumed until a license is restored in writing by the department;
(12) Notification that when a non-resident's
privilege to drive has been suspended or revoked, driving of motor vehicles in
New Hampshire shall cease and shall not be resumed until that privilege has
been restored;
(13) Notification that when a vehicle registration
or privilege to drive a vehicle has been suspended or revoked, driving of the
vehicle shall cease at once;
(14) Notification that if a vehicle registration
has been suspended or revoked, the registration certificate and number plates
shall be delivered to the department immediately;
(15) Notification that failure to deliver a
suspended or a revoked license or registration certificate and plates may result
in continued suspension at the rate of one day for each day of non-compliance;
(16) Notification that when a permit has been
suspended or revoked the privileges authorized shall cease;
(17) Explanations relating to the reason for
suspension or revocation shall be printed on the form; and
(18) Such other information as the commissioner
shall deem necessary to put the individual on notice of any impending
administrative action.
Source. #6337, eff 9-25-96
(from Saf-C 202.27); amd by
#7349, eff 8-22-00; ss by #8230-A, eff
12-17-04 (formerly Saf-C 203.25)
Saf-C 203.27
Appeal of Administrative Sanction. Except as otherwise provided by law, any
suspension or revocation resulting from administrative action shall remain in
full force and effect pending the outcome of the appeal or expiration of the
sanction imposed.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.26)
Saf-C
203.28 Burden of Proof. Unless otherwise specified by law, the burden
of proof shall be on the moving party.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.27)
Saf-C
203.29 Standard of Proof. Unless otherwise specified by law, the
standard of proof shall be by a preponderance of the evidence. “Proof by preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probable than not to be true.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.28)
Saf-C
203.30 Intervenors. If a person meets the criteria of RSA
541-A:32, that person shall be allowed to intervene in any action before a hearings examiner.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.29)
Saf-C
203.31 Computation of Time. In computing any period of
time prescribed or allowed by these rules, by order of court, or by
applicable law, the day of the act, event, or default after which the
designated period of time begins to run shall not be included. The last day of the period so computed shall
be included, unless it is a Saturday, Sunday, or a legal holiday, in which
event the period shall extend until the end of the next day that is not a
Saturday, Sunday, or a legal holiday as specified in RSA 288, as amended.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.30)
Saf-C
203.32 Discovery.
(a)
A hearings examiner shall permit discovery upon a finding by a
preponderance of the evidence that such discovery is necessary for a fair
hearing.
(b)
In determining necessity that examiner shall consider:
(1) The complexity of the issues involved;
(2)
Other opportunities or information
available to discover the information sought; and
(3) Any other special or exceptional
circumstances that exist.
(c) Jus 811.01 through Jus 811.03 shall not be
applicable to department hearings.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.31)
Saf-C 203.33 Format. Unless otherwise specified in department
rules, all requests, reports, and documents shall be submitted in a legible
form.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.32)
Saf-C 203.34 Role
of Agency Staff in Enforcement Proceedings.
Agency personnel who have been designated by the commissioner or a
division director to request a hearing and present the division’s case shall
fully participate in the hearing. Other
agency staff shall have no role in the hearing unless called as a witness.
Source. #7349, eff 8-22-00;
ss by #8230-A, eff 12-17-04 (formerly
Saf-C 203.33)
Saf-C 203.35 Date
of Issuance or Filing.
(a) There shall be a rebuttable presumption that
the date on the notice of any document governed by these rules was the date the
document was issued by the department.
(b) There shall be a rebuttable presumption that
the date stamp on any document filed pursuant to these rules was the date it
was received by the department.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
203.34)
Saf-C
203.36 Waiver of Procedural Rules.
(a)
A hearing examiner, upon the accepted motion of any interested person,
shall waive any procedural requirement or limitation imposed by this chapter
upon reasonable notice to affected persons when it appears that the proposed
waiver or suspension is lawful, and would be more likely to promote the fair,
accurate and efficient resolution of issues properly pending before the hearing
examiner than would adherence to particular procedural
rules or requirements. A motion for
waiver or suspension of a procedural rule or order shall fully set forth the
reasons for the requested relief.
(b)
Notwithstanding any rule to the contrary, during a state of emergency
declared by the governor, a hearing examiner, with consent of all parties shall
waive the personal appearance requirement and permit appearance at a hearing by
telephone, video conference, or other.
(c) If all parties do not agree
to the presence of a party or the examination of a witness by telephone, video
conference, or other means, the hearing examiner shall allow the presence of a
party or the ability of a witness to testify by telephone, video conference, or
other means upon a finding of exigent circumstances, such as but not limited to
the following:
(1) Economic hardship;
(2) Illness;
(3) Incarceration;
(4) Safety of any party or
member of the public; or
(5) It would be inequitable to
deny the requesting party use of telephone, video conference, or other.
(d) If the hearing examiner determines that
either party shall be substantially disadvantaged by presenting their case by
telephone, video conference, or other means, the hearing shall be by live
testimony.
Source.
#8230-A, eff 12-17-04; amd by #13004,
EMERGENCY RULE, eff 3-17-20, EXPIRES: 9-13-20; ss by #13096, eff 8-28-20
Saf-C 203.37 Retention Schedule. The department shall keep a decision on file
in its records for at least 5 years following the date of the final decision or
the date of the decision on any appeal, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #8230-A,
eff 12-17-04
PART
Saf-C 204
DRIVER LICENSE AND REGISTRATION ACTIONS
Saf-C
204.01 License Under Suspension or
Revocation.
(a)
Upon receipt of evidence that a
(b)
If the person holds, or is an applicant for a New Hampshire driver's
license, the commissioner shall give the same effect to the offense or conduct
reported, pursuant to (a) above, as he would if the offense or conduct had
occurred in New Hampshire.
(c)
If the commissioner determines the person is under suspension or
revocation in another jurisdiction, s/he shall deny or suspend the person's
license or driving privileges until the person furnishes evidence of compliance
with the law of such other jurisdiction.
Such person shall be entitled to a hearing upon request.
(d)
If the suspension or revocation is for driving while intoxicated or
reckless operation, the department's effective date of revocation shall be the
date of final conviction in the other jurisdiction. The license revocation
period shall be the same as if the conviction had taken place in
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5274, eff 11-20-91; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.01); amd by #7349, eff
8-22-00; ss by #8230-B, eff 12-17-04; ss
by #10395-B, eff 8-15-13
Saf-C
204.02 Physical, Mental or Moral
Impairment: Driver Re-Examination.
(a)
"Alcohol evaluation" for the purposes of this section, means
an evaluation conducted by a certified alcohol and drug abuse counselor or
licensed alcohol counselor to determine if a chemical dependency exists and if
the individual is at risk to recidivate.
(b)
An alcohol evaluation shall include, but not be limited to:
(1) The reason for evaluation;
(2) A mental status examination;
(3) A psychosocial history, including:
a. A family background;
b. Any physical and emotional difficulties;
c. The employment situation;
(4) An arrest history;
(5) The medical history;
(6) A history of alcohol and/or drug usage,
including:
a. The age of onset;
b. The duration;
c. Consumption;
d. Patterns of consumption and use;
e. Family members usage; and
f. The types of previous treatment and response;
(7) The substance abuse treatment history;
(8) The diagnostic test scores; and
(9) Summary and recommendations, including the
current risk of repeating an alcohol or drug related offense.
(c)
"Driver examination" for the purposes of this section, means a
visual acuity screening, a road performance test, or a written examination, or
all 3, or any combination thereof, administered by the driver licensing section
of the division.
(d) “Driver re-examination” for the
purposes of this section means the requirements set forth in Saf-C 1009.
(e) "Medical evaluation" for
the purposes of this section means a medical, psychiatric
or psychological examination or any combination thereof.
(f)
A hearings examiner shall require a licensee or license applicant to
undergo an alcohol evaluation, a medical evaluation, a driver re-examination,
or any combination thereof upon receipt of information that the licensee or
applicant has a condition which might impair his or her driving ability.
(g)
Information shall be accepted from sources including, but not limited to:
(1) The licensee's or applicant's admission to impairment;
(2) Accident reports;
(3) Law enforcement officers;
(4) Physicians;
(5) Private complaints; and
(6) Licensing officers.
(h)
If a medical or alcohol evaluation is required, the licensee or
applicant shall be responsible for the cost of such evaluation, and for
releasing and forwarding the results of such evaluation in written form to the
department.
(i) Prior to requiring such medical evaluation,
alcohol evaluation, or driver re-examination, a hearings examiner shall afford
the licensee the opportunity for a hearing, except as provided in paragraph
(k).
(j)
Upon receipt of the results of such alcohol or medical evaluation or
driver re-examination, the hearings examiner shall take administrative
action. The licensee shall be afforded
an opportunity for a hearing prior to any administrative action unless the
hearing examiner determines that action pursuant to (k) is applicable.
(k)
If the department receives information which substantiates that the
licensee is so physically, mentally or morally
impaired that immediate harm to the public could occur if the licensee retains
his or her driver license or operating privilege, the director shall
immediately suspend the driver license or operating privilege.
(l)
Such information referred to in (k) above shall include, but not be
limited to, reports:
(1) Of chemical dependency, substance abuse,
seizures or blackouts;
(2) That the licensee has been adjudicated as
incapacitated in accordance with the provisions of RSA 464-A:1, et seq.;
(3) That the licensee is suffering from a mental
illness as defined in RSA 135-C:2, X, and the rules adopted therefrom, or is
severely mentally disabled as defined in RSA 135-C:2, XV, and the rules adopted
therefrom;
(4) That the licensee has been involuntarily
committed to a psychiatric facility; or
(5) That the licensee has been convicted of a
crime involving moral turpitude.
(m)
Nothing contained herein shall prohibit the commissioner from requiring
proof of financial responsibility pursuant to RSA 264:2 and Saf-C
207.05.
Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85;
ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.03 Original License Suspension or
Revocation: Probationary License Suspension.
(a)
Every first license issued shall be deemed an original license. It shall be issued subject to the conditions
set forth in the following paragraphs.
(b)
Unless extenuating circumstances exist, a hearings examiner shall, after
the hearing, suspend an original license and require the filing of proof of
financial responsibility pursuant to RSA 264:2 and Saf-C
207.05 upon receipt of evidence of:
(1) Misconduct in the driving of a vehicle, as
alleged in a written complaint from a law enforcement officer whereby the
conduct poses a hazard to the public's safety;
(2) Misuse or abuse of driving privileges as
alleged in a written complaint from a law enforcement officer; or
(3) Having 3 or more at fault accidents within
the term of the original license.
(c)
Extenuating circumstances, for the purposes of (b) above, shall include,
but not be limited to the following:
(1) The maturity of the licensee;
(2) The impact a suspension would have on the
licensee’s education or employment;
(3) The length of time the licensee has held an
original license without prior motor vehicle convictions;
(4) The licensee’s lack of prior motor vehicle convictions;
and
(5) The licensee does not present as a hazard to
public safety;
(d)
Pursuant to RSA 265-A:35, any license issued subsequent
to a conviction for reckless operation or driving while intoxicated
shall be deemed to be probationary for 3 years from the date issued.
(e)
Any driver under 21 years of age convicted for illegal possession of
alcoholic beverages pursuant to RSA 179:10 shall only be eligible to hold a
probationary license until 21 years of age.
The convictions shall be noted on the individual's motor vehicle record.
(f)
A probationary license holder shall not drive or attempt to drive a
vehicle upon a way while under the influence of a controlled drug or
intoxicating liquor if his blood alcohol content is 3/100 percent or greater.
(g)
A probationary license holder who refuses a blood alcohol content test
of the officer's choosing shall have his driver's license administratively
suspended for 90 days, and:
(1) The division shall notify the person in
writing by first class mail of the suspension which shall become effective 30
days from the date of notification;
(2) The person may request a hearing by
submitting a written request to the bureau of hearings within 30 days from the
effective date of the suspension;
(3) A request, pursuant to (2) above, shall not
delay, postpone or otherwise interrupt the suspension;
(4) If a request pursuant to (2) above is made, a
hearing shall be scheduled within 15 days of receipt of the request;
(5) The law enforcement officer who filed the
report shall be notified of the hearing;
(6) If the law enforcement officer fails to
appear at the hearing, or appears at the hearing and fails to produce relevant
evidence, the case shall be dismissed; and
(7) The hearings examiner's decision shall be
forwarded to the individual, or his legal counsel, within 15 working days after
the conclusion of the hearing.
(h)
The department shall suspend the driver's license of a probationary
license holder who submits to an alcohol concentration test and the results are
3/100 percent or more. The licensee shall be suspended for 90 days for a first
probationary license offense and 180 days for a subsequent probationary license
offense.
(i) In the case of (f) above the following shall
apply:
(1) The division shall notify the person in
writing by first class mail of the suspension which shall become effective 30
days from the date of notification;
(2) The person shall be afforded a hearing by
submitting a written request to the bureau of hearings within 30 days of the
effective date of the suspension;
(3) A request, pursuant to (2) above, shall not
delay postpone or otherwise interrupt the suspension;
(4) If a request pursuant to (2) above is made, a
hearing shall be scheduled within 15 days of receipt of the request;
(5) The law enforcement officer who filed the
report shall be notified of the hearing;
(6) If the law enforcement officer fails to
appear at the hearing, or appears at the hearing and fails to produce relevant
evidence, the case shall be dismissed; and
(7) The hearing examiner's decision shall be
forwarded to the individual, or his legal counsel, within 15 working days after
the conclusion of the hearing.
(j)
The scope of the hearing shall be limited to whether:
(1) The person held a probationary license at the
time of the offense; and
(2) The person refused a blood alcohol content
test as specified in (e); or
(3) The person took a blood alcohol content test
which showed a result of 3/100 percent or more as specified in (f).
(k)
A request for a hearing received more than 30 days from the effective
date of the suspension shall be denied as untimely.
(l)
Pursuant to RSA 265-A:35, II, the penalties prescribed in paragraphs (e)
and (f), shall not run concurrently with any other penalties imposed by the
court.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 203.03); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04,
EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 204.04 Original License Suspension: Drivers Under Age 20.
(a)
For the purposes of this section, “conviction” is defined as and
includes a violation of any motor vehicle offense, whether it occurred in
(b)
Pursuant to RSA 263:14 and for the purpose of this section,
"offense" shall include proof of a conviction of any motor vehicle
violation excluding a conviction of RSA 261:40, RSA 261:59 or RSA 266:5.
(c)
Pursuant to RSA 263:14 and for the purpose of this section,
"original license" means any driver license issued under title XXI to
a person under the age of 20.
(d)
Upon learning that an original license holder under the age of 20 has
been convicted of an offense, the director or his/her agent shall suspend the
original license as specified in this rule. In addition to a suspension of the
original license, the director or his or her agent shall require that proof of
liability insurance in the form of an SR-22 certificate be filed when an
original license holder has 2 or more speeding convictions based upon
violations that occurred within 2 years from the date the license was issued.
(e)
An original license holder shall be given an opportunity for a hearing
before the director or his/her agent suspends the original license.
(f)
The division shall notify the driver of a date, location, and time where
the driver may appear to show just cause why his/her license should not be
suspended.
(g)
Just cause pursuant to (f) above shall be that:
(1) The driver was 20 years or older at the time
of the violation;
(2) The driver was not convicted of the violation;
(3) The driver did not hold an original
(4) There are extenuating or mitigating
circumstances that the hearings examiner should consider.
(h)
The scope of the original license suspension hearing shall be limited
to:
(1) Whether the driver was under the age of 20 on
the date of the violation;
(2) Whether the driver held an original
(3) Whether the driver was convicted of a
violation listed in (a) above; and
(4) Whether the
driver presented compelling evidence of extenuating or mitigating
circumstances.
(i) Extenuating or mitigating circumstances
pursuant to (g) and (h) above shall include:
(1) The impact a suspension would have on the driver's
education or employment;
(2) The length of
time the driver has held an original license without prior motor vehicle violations;
(3) The driver's lack of prior motor vehicle
convictions; and
(4) The lack of seriousness of the violation for
which the driver has been convicted.
(j)
Failure to appear as provided in (f) above shall waive the driver's
right to a hearing and result in suspension periods as specified in (k) below
unless exigent circumstances as defined in Saf-C
203.05(b), apply.
(k)
The following suspension periods shall apply to original licenses:
(1) For the first conviction, 20 days;
(2) For the second conviction, 45 days; and
(3) For the third or subsequent conviction, 90
days.
(l)
The suspension periods listed in (k) above, shall be in addition to any
other penalty or remedy prescribed by statute or rule. If an additional suspension period is
provided for by statute or rule, the original license suspension period shall
not run concurrently.
(m)
If a person fails to return his/her original license to the department
by the date specified in the pending suspension notice or as instructed by the
hearings examiner a day shall be added to the suspension period specified in
(k) above for every day that the department does not receive the license.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM,
eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C
204.031); ss by #10395-B, eff 8-15-13
Saf-C 204.05 Parent or Guardian Authorization
Certificate.
(a)
If the department receives written information which indicates the death
of a signatory of a "parent or guardian authorization certificate,"
form DSMV 38 as set forth in Saf-C 1002.04, the
reviewing hearings examiner or financial responsibility administrator shall
suspend the named minor's license and registration, if any.
(b)
If the signatory of a "parent or guardian authorization
certificate" withdraws such consent, the reviewing hearings examiner or
financial responsibility administrator shall suspend the named minor's license
and registration, if any. Such
withdrawal of consent shall be in written form.
(c)
The withdrawal of consent, pursuant to (b) above, shall include:
(1) The withdrawal of consent;
(2) The name of the parent or guardian; and
(3) The name of the minor.
(d)
Suspension under this section shall remain in effect until:
(1) The named minor attains the age of 18;
(2) A new "parent or guardian authorization
certificate" is received;
(3) Proof of insurance in the form of an SR-22
certificate covering the named minor is received; or
(4) The person under 18 years of age is emancipated
by marriage.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 203.05); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.04); ss by #10395-B, eff 8-15-13
Saf-C
204.06 Revocation: Third Offense.
(a)
Upon receipt of a driver's record which reflects a third or subsequent
conviction of a violation of title XXI in the same calendar year, the hearings
examiner shall review such record to determine whether the license will be
revoked.
(b)
Subsequent to such review, the hearings examiner shall:
(1) Defer action if more information through
investigation is needed to proceed with any administrative action; or
(2) Schedule a hearing if the record indicates
there is basis for administrative action; or
(3)
Take no administrative action based upon the results of the investigation and
recommendation of the investigation.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 203.06); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.05); ss by #10395-B, eff 8-15-13
Saf-C
204.07 Suspension/Revocation for
Serious Offenses Under Reciprocity.
(a)
The commissioner shall revoke the license or operating privileges of a
resident upon receipt of evidence of conviction in another jurisdiction for
reckless driving, driving while intoxicated, negligent homicide resulting from
the operation of a motor vehicle or manslaughter resulting from the operating
of a motor vehicle.
(b)
The date of revocation or suspension shall be the date of final
conviction by a court of competent jurisdiction based upon a criminal or civil
proceeding.
(c)
If the conviction is a driving while intoxicated and there is no prior
driving while intoxicated convictions, the revocation shall be for the same
duration as if the conviction had occurred in New Hampshire. Restoration shall be contingent upon the
person’s compliance with Saf-C 205.04.
(d)
If the conviction is a driving while intoxicated first offense and there
is a record of prior driving while intoxicated conviction(s), the initial
revocation shall be one year subject to review after successful completion of
an approved alcohol education program pursuant to RSA 265-A:39. Upon such completion and after a minimum
6-month period of revocation, the defendant may, under the provisions of Saf-C 204.06(h), submit a written request for a
hearing. Restoration shall be contingent
on the defendant's compliance with Saf-C 205.04.
(e)
If the conviction is for reckless operation, the minimum period of
revocation shall be 60 days. If there is
a record of prior reckless operation convictions within 5 years, the provisions
of Saf-C 207.04 and Saf-C
205.02 shall apply.
(f)
If the conviction is for either negligent homicide or manslaughter, the
restoration provisions of Saf-C 209 shall apply.
(g) If action is taken under paragraphs (c), (d),
(e), or (f), the defendant shall be afforded the opportunity for a hearing. Any such hearing request shall not postpone, delay or otherwise impact the revocation or suspension. The hearing shall be scheduled within 15 days
from the date the request is received.
(h)
At the hearing, after introduction of evidence by the state, the respondent
shall have the burden of proving by a preponderance of evidence that:
(1) The respondent is not the same person named
on the notice(s);
(2)
The respondent was not convicted of the
charges or similar charges as listed in (a) above; and
(3) The respondent’s operating privilege or
license was not suspended or revoked as a result of the
conviction.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 203.07); ss by #8174, INTERIM, eff 9-25-04,
EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.06); ss by #10395-B, eff 8-15-13
Saf-C
204.08 Suspension by Justice for
Cause. Pursuant to RSA 263:57,
whenever the department receives an abstract of conviction from a municipal,
district or superior court suspending a license or operating privilege for up
to 30 days, the financial responsibility administrator shall notify the
individual by first class mail of the suspension and administrative
requirements for restoration. Restoration
shall take effect at the conclusion of the suspension period imposed by the court
provided all administrative requirements have been met and,
further provided, there are no other suspensions and/or revocations in effect.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5377, eff 4-21-92; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C
204.07); ss by #10395-B, eff 8-15-13
Saf-C
204.09 Flagrant Cases.
(a)
If a court or justice recommends the suspension or revocation of a
license or operating privilege or certificate of registration on an abstract of
conviction for a period longer than 30 days pursuant to RSA 263:61, the
financial responsibility administrator shall immediately notify the bureau of
hearings. The bureau of hearings shall
notify the person of a hearing or opportunity to be heard.
(b)
The scope of any such hearing shall be:
(1) A review of the court's abstract of conviction;
(2) Any additional information provided by the court
or justice;
(3) A review of the person's motor vehicle record
on file with the director; and
(4) Information received in the hearing.
(c)
If the bureau of hearings concurs with the court's recommendation,
pursuant to Saf-C 204.09(a), the person shall be
notified in writing. The notice shall
include a brief explanation of the suspension or revocation and the restoration
process.
(d)
Restoration shall be effectuated at the conclusion of the sanction
period imposed by the bureau of hearings, provided all administrative
requirements have been met and further provided, there are no other suspensions
and/or revocations in effect.
Source. #6337, eff 9-25-96 (from Saf-C
203.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B,
eff 12-17-04 (formerly Saf-C 204.08); ss by #10395-B,
eff 8-15-13
Saf-C
204.10 Transporting Alcoholic Beverages.
(a)
Upon receipt of evidence alleging a violation of RSA 265-A:45, a hearing
shall be scheduled and the person notified in accordance
with these rules.
(b)
The scope of such hearing shall be limited to the following issues:
(1) Whether the person is the individual
identified on the complaint;
(2) Whether the person was under the age
prescribed by RSA 265-A:45 at the time of the alleged violation;
(3) Whether the person was driving a motor
vehicle upon a way;
(4) Whether the person was accompanied by a
parent or legal guardian or legal age spouse;
(5) Whether liquor or alcoholic beverage was
present in any part of the vehicle; and
(6) Whether the person falls within the exemption
pursuant to RSA 179:23.
(c)
If the hearings examiner finds that the provisions of paragraph (b) have
been met, the hearings examiner shall suspend the license or deny the person's
privilege to drive for a period not to exceed the maximum penalty prescribed by
law.
Source. #6337, eff 9-25-96 (from Saf-C
203.10; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by
#8230-B, eff 12-17-04 (formerly Saf-C 204.09); ss by
#10395-B, eff 8-15-13
Saf-C
204.11 RSA 265-A:25, Commercial
Driver License Hearing. – (Moved to Saf-C 1808.05)
Source. #6337, eff 9-25-96 (formerly Saf-C 203.111); amd by #7349, eff
8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss
by #10395-B, eff 8-15-13
Saf-C
204.12 Suspension of a
Source. #6337, eff 9-25-96; ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.13 Persons Hazardous to Public
Safety.
(a)
The commissioner, upon receipt of information that a person might be
hazardous to public safety, shall issue an order requiring the person to appear
and show cause why his/her driver's license or operating privilege should not
be revoked or denied.
(b)
A person who shall be subject to such an order shall include, but is not
limited to, one who:
(1) Has been driving to endanger the public;
(2) A law enforcement officer has reported for
misconduct, abuse or misuse of the person’s driving privileges;
(3) Has been convicted 2 or more times of driving
a motor vehicle while under the influence of intoxicating liquor or controlled
drugs, or any combination thereof; or
(4) Has an alcohol or drug problem that is not under
control.
(c)
The commissioner shall presume that a person with an alcohol or drug
problem that is not under control, is a person hazardous to the public safety.
(d)
Nothing contained herein shall prevent the department from conducting an investigation or requiring a driver
examination, alcohol evaluation, a medical examination or any combination
thereof of such person or requiring the filing of proof of financial
responsibility pursuant to RSA 264:2 and Saf-C
207.05.
(e)
After notice and an opportunity for a hearing, a hearings examiner shall
suspend, revoke, or deny the driver's license or driving privilege of any
person whose past record of convictions, accident involvement or other serious
misbehavior would make the person a hazard to him/herself or other highway
users, or result in the person being declared a habitual violator.
(f)
Nothing contained in this section shall prevent the commissioner from
suspending the license or driving privilege of a person prior to a hearing, whenever
there is reason to believe that the person is operating in such a manner so as to constitute a present danger to the public or
him/herself.
(g)
In the case of a person whose license has been suspended or revoked
pursuant to RSA 263:56, I (d) by reason of physical or mental impairment, the
suspension or revocation shall be for an indefinite period provided, however,
the person may request a hearing once every year thereafter for the purpose of
reviewing the original order. Such a
request shall be in writing. The person
shall be required to produce medical evidence clearly indicating his/her condition
no longer renders him a hazard.
(h)
For the purposes of (g) above, the request for a hearing shall contain:
(1) The individual's name, address
and date of birth; and
(2) A request for a hearing to be scheduled.
Source. #6337, eff 9-25-96 (from Saf-C
203.12); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.14 False Statements in Official
Proceedings.
(a)
Where any licensee, testifying under oath or affirmation in any hearing
conducted by the commissioner, makes a false statement, the licensee’s driver
license or driving privilege shall be suspended if such a statement is found to
affect the course or outcome of the proceeding.
(b)
Upon receipt of information that any person has made a materially false
statement in any proceeding, the commissioner shall issue an order, pursuant to
RSA 263:59, of suspension of a licensee’s driver’s license or driving privilege
and if applicable, order the license to be delivered to the department. Upon
written request, a licensee shall be granted a hearing within 15 days of filing
his or her request.
(c)
The hearing shall be held before the commissioner provided, however,
that in no case shall the hearing be conducted before the person who presided
at the proceeding during which the alleged false statement was made.
(d)
The scope of the hearing shall be limited to whether the respondent:
(1) Made a false statement;
(2) The false statement which s/he made was not material;
(3) The false statement which s/he made was the
result of coercion by a person whom the respondent reasonably believed would
cause him/her harm; or
(4) The respondent believed the false statement
to be true.
(e)
The commissioner shall continue the suspension of the driver's license
or driving privilege, or deny the pending application for a driver's license,
and as appropriate, rescind any administrative action which was substantially
affected by the false statement, of any person found to have made a materially false
statement which was not the result of factors contained in (d)(2), (3) or (4)
above.
(f)
Where the license or driving privilege of any person is already under
suspension, revocation, or has been denied, the license or driving privilege
shall be suspended, revoked or denied for an
additional period of time.
(g)
Notwithstanding the above provisions, where any person has, in the course of the original hearing, retracted the false
material statement before it could substantially affect the outcome of the
proceeding, the person’s driver's license or driving privilege shall not be
suspended, revoked, or denied.
(h)
Nothing contained in this rule shall prevent the department from seeking
criminal prosecution under RSA 641, of any person making a false material
statement in any official proceeding.
Source. #6337, eff 9-25-96 (from Saf-C
203.13); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 204.15 Fraudulent Activities.
(a)
The commissioner shall, after notice and opportunity for a hearing,
suspend a driver's license or driving privileges, or permit upon receipt of
information indicating that any person has:
(1) Fraudulently altered a driver's license or permit;
(2) Lent his/her driver's license or permit to
another person;
(3) Displayed, possessed or represented as his/her
own a driver's license or permit not issued to him/her by the proper authority;
(4) Displayed or possessed any fraudulently
altered, fictitious, facsimile, or simulated driver's license or permit;
(5) Photographed, photostatted,
duplicated or in any manner reproduced a driver's license or permit in such a
manner that it could be mistaken for a valid driver's license or permit;
(6) Used a false or fictitious name, age or
address, or other false information in any application, submitted to the department
relative to a driver's license or permit;
(7) Been found in possession of more than one
valid driver's license;
(8) Applied for a temporary registration and/or plate
contrary to RSA 261:57 or RSA 261:57-a; or
(9) Produced or otherwise provided fraudulent
documentation or evidence of compliance with an order(s) of the department.
(b)
The commissioner shall, after notice and opportunity for a hearing,
suspend a non-driver's identification card if, pursuant to RSA 260:21, IX, there
is just cause to withdraw the non-driver identification. Just cause shall
include, offenses enumerated in (a) and any other action which contributes to
the improper receipt or display of a non-driver's identification card, contrary
to RSA 260:21.
(c)
Upon receipt of information indicating that any person has committed an
unsworn falsification, pursuant to RSA 260:10, the department shall, after
notice and opportunity for a hearing, suspend any or a combination of the
following:
(1) A driver's license or privilege;
(2) A permit;
(3) A non-driver's identification card; and
(4) A certificate of registration.
(d)
When determining what privileges are to be suspended under (c) above,
the hearings examiner shall determine the severity of the offense after considering
the following:
(1) Which documents were obtained by the individual;
(2) Whether the individual falsified information
given to the department; and
(3) Any other evidence relevant to a violation of
RSA 260:10.
(e)
The privileges to be suspended shall correlate positively with the
severity of the offense as determined in (d) above, and after considering any
mitigating circumstances.
(f)
For the purposes of (c) above, the hearings examiner in making the
determination what to suspend, shall not be limited to the privilege, license,
permit, card or certificate for which the person was
making application for when the person committed an unsworn falsification.
(g) The commissioner shall suspend the
registration of any vehicle, after notice and opportunity for a hearing, on
receipt of written information indicating that any person to whom said
registration is issued has:
(1) Fraudulently altered the registration certificate,
validation sticker or plates, or inspection sticker;
(2) Lent his or her registration plates or
validation stickers to another person;
(3) Affixed or allowed any other person to affix
his or her registration plate(s) or validation stickers to a vehicle other than
that for which they were issued;
(4) Displayed any registration plate(s),
validation stickers or certificate(s) that were issued for a vehicle other than
that which he or she is driving;
(5) Displayed any fictitious, facsimile, or
simulated registration plate(s) or certificate(s);
(6) Used a false or fictitious name, date of
birth, address, vehicle identification number, or other false or fictitious
information in any application, official form, document or communication submitted
to the department relative to vehicle registration;
(7) Displayed on said vehicle any forged or
fraudulently altered inspection sticker, any facsimile or copy of any
inspection sticker, or any such sticker which was fraudulently issued or was
not issued by an official inspection station; or
(8) Applied for a temporary registration and/or
plate in violation of law.
(h)
Notwithstanding any rule to the contrary, the commissioner or director shall
suspend a person's driver's license prior to a hearing, pursuant to RSA 263:59,
if:
(1) The person admits to making a material false statement in his or her application for a
driver's license; or
(2) The department receives evidence that
indicates the person made a materially false statement in his or her
application for a driver's license.
Source. #6337, eff 9-25-96 (from Saf-C
203.14); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.16 Operation After Suspension or
Revocation.
(a)
Upon receipt of information indicating that any person has been
convicted of driving a vehicle after suspension or revocation of the driver's
license, the commissioner shall, after notice and a hearing, extend the period
of such suspension(s) or revocation(s) in effect for an additional period of
the same duration, unless extenuating circumstances exist such as, but not
limited to:
(1) Failure to receive notice of suspension or
revocation; or
(2) Failure of an insurance company to act in a
timely manner.
Source. #6337, eff 9-25-96 (from Saf-C
203.15); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by
#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.17 Refusal to Surrender Articles.
(a)
The commissioner shall extend the period of suspension or revocation of
any registration, license, or permit in any case in which a person fails or
refuses to comply with an order to return any suspended or revoked registration
plates or certificate, license or permit to the department unless extenuating
circumstances exist. Extenuating circumstances shall include but not be limited
to failure to receive notice of suspension or revocation, or failure of an insurance
company to file proof of insurance in the form of an SR-22 certificate in a
timely manner.
(b)
Parties aggrieved by this decision may submit a written request to the
department for a hearing.
(c)
At a hearing pursuant to Saf-C 204.17 and this
section, the following shall apply:
(1) A person shall be deemed to have failed or
refused to comply with an order if the person does not mail or deliver the
suspended/revoked items to the department within 5 working days of the
effective date of any suspension or revocation; and
(2) The maximum additional period imposed under this
section shall be equal to the period of time during
which any person fails or refuses to return any suspended or revoked item to
the department. Calculation of the maximum
period shall commence after the expiration of the 5 working day period set forth
in (c)(1) above.
Source. #6337, eff 9-25-96 (from Saf-C
203.16); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 204.18 Division Files.
(a)
"The date of conviction", for the purposes of this section,
means:
(1) The date of the original conviction;
(2) Date of final conviction that resulted from
an appeal; and/or
(3) In the case of refusal to consent, the date of
the act of refusal.
(b)
For the purpose of consideration of enhanced penalties for driving while
intoxicated convictions, pursuant to RSA 265-A:18, prior refusal of consent to
submit to testing for blood alcohol content, pursuant to RSA 265-A:14, and
administrative license suspension, RSA 265-A:30, records older than 10 years
shall not be considered by the department.
(c)
Nothing in this section shall be construed as preventing the department
from maintaining records for a longer period of time
for use in consideration in hearings or determinations in areas other than
enhancement of sanctions, such as for persons hazardous to public safety under Saf-C 204.13.
Source. #6337, eff 9-25-96 (from Saf-C
203.18); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by
#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.19 Suspension of Registration.
(a)
The commissioner shall suspend the registration and corresponding plates
if there is evidence on file indicating the vehicle's owner has:
(1) Allowed the vehicle to be driven in violation
of any provisions under title XXI;
(2) Made false statements on the registration
application; or
(3) Submitted a written request to the
commissioner or director asking that the registration certificate and plates be
suspended.
(b)
Prior to suspending under (a)(1) or (2) above, the owner shall be
afforded an opportunity for a hearing.
(c)
Notwithstanding (a)(1) and (2) above nothing shall prohibit the commissioner
from immediately suspending the registration and plates, if there is evidence
from law enforcement officer(s) indicating the vehicle is an immediate hazard
to public safety and is not capable of passing inspection.
(d)
Anyone aggrieved by the action taken pursuant to (c) above shall be
entitled to a hearing. A hearing shall
be scheduled within 15 days from receipt of the request.
Source. #6337, eff 9-25-96 (from Saf-C
203.19); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by
#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
204.20 Alcohol Program Completion
Hearings.
(a)
Any person who attends an approved alcohol program as required by RSA
265-A:42, and is diagnosed during the final exit evaluation
with substance abuse, alcohol abuse, or alcohol dependence may request a
hearing within 20 calendar days if s/he does not agree with the diagnosis
and/or further counseling requirements.
(b)
Hearings may be requested by writing to the department of safety, bureau
of hearings,
(c)
The bureau of hearings shall notify the person and the approved alcohol
program provider of the time, date, and location of the hearing.
(d)
There shall be a rebuttable presumption that the approved alcohol
program provider’s evaluation is correct if the approved alcohol program
provider complied with He-A 500, He-A 700, or He-A
900, as appropriate.
(e) Prior to hearing, the person may obtain
evidence to rebut the evaluation in (a), including:
(1) A second opinion from a state
licensed alcohol and/or drug abuse counselor as specified in He-A 707.16 or
He-A 907.15, at his/her own expense;
(2) Copies of the second evaluation shall be
given to the original approved alcohol program provider before the hearing;
(3) Any evidence showing that the approved
alcohol program provider did not comply with He-A 500, He-A 700,
or
He-A 900; and
(4) Any other evidence that the person
believes demonstrates that the evaluation was incorrect.
(f)
If an alcohol evaluation was not performed during the 12-months
preceding the hearing, the person shall obtain a new evaluation from a state
certified alcohol and/or drug abuse counselor before the hearing.
(g)
The scope of the hearing shall be limited to whether:
(1) The person has successfully completed an
approved alcohol program;
(2) The diagnosis is supported by the evidence
and/or further counseling requirements are appropriate;
(3) The person has a medical or other condition
that is not controlled and constitutes a hazard to public safety; and
(4) The person is eligible for license
restoration.
(h)
Following hearing, the examiner shall:
(1) Sustain the diagnosis and/or counseling
requirements and order the person to complete counseling as specified by the
approved alcohol program provider prior to restoration of his/her driving
license or privilege; or
(2) In cases where the person does not challenge the
diagnosis, but does challenge the counseling requirement, either:
a. Sustain the counseling as specified by the
alcohol program provider; or
b. Modify the counseling including the following
options, or any combination thereof:
1. Recognized alcohol or drug abuse self-help groups;
2. Outpatients with a state licensed alcohol
and/or drug abuse counselor;
3. Residential treatment facilities; and/or
4. Counseling with
a licensed psychologist who holds a certificate from the American Psychological
Association for the treatment of alcohol and other psychoactive substance abuse
disorders;
(i) If a person believes that he or she has
completed the counseling requirements specified in the hearings examiner's decision
issued under (i), above, he or she may request in
writing that the hearings examiner review the file to determine whether the
person has complied with the counseling requirements.
(j)
Upon finding that the person complied with the hearings examiner’s
decision in (h), above, the hearings examiner shall issue a decision finding
compliance with RSA 265-A:42, II.
(k)
If the hearings examiner finds that a person has not complied with the
hearings examiner’s decision in (h), then the hearing examiner shall notify the
person in writing that:
(1) He or she has an opportunity for a hearing to
show how he or she has complied;
(2) Requests shall be made in writing and
addressed to the department of safety, bureau of hearings, 33 Hazen Drive,
Concord, NH 03305; and
(3) If no hearing is requested, the person shall
not be eligible for restoration until such time as a hearing is requested and a
hearings examiner finds compliance with a decision issued under (h), above.
(l)
The scope of the hearing shall be limited to whether the person complied
with the hearings examiner’s decision under (h), above.
Source. #7349, eff 8-22-00; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 205
REISSUANCE OF LICENSE OR REGISTRATION
Saf-C 205.01 Request for Restoration.
(a)
Any person whose driver's license, privilege to operate a motor vehicle,
or motor vehicle registration has been revoked or suspended, shall prior to
seeking restoration, comply with the administrative requirements contained in
the disposition of their hearing. Restoration shall not occur until evidence is
on file documenting full compliance with all the requirements outlined in the
hearing.
(b)
When any license has been suspended under RSA 263:56-a or when any
suspension or revocation is for a period greater than 15 calendar days, said
license shall not be restored until the fee specified in RSA 263:42, V, has
been paid.
(c)
Pursuant to RSA 265-A:22, a person shall not have his/her license
restored until all his/her obligations resulting from his/her arrest and
conviction are met.
(d)
No person shall have his/her license restored if it is determined that
there are other revocations or suspensions in effect under any other statute or
rule or regulation, including reciprocity agreements and requirements.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 204.01); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.02 Restoration: Reckless Driving. Any person whose driver's license or driving
privilege has been revoked pursuant to RSA 265:79, shall have such license or
privilege restored if the following conditions are met:
(a)
The period of revocation imposed by the court has expired;
(b)
In a case involving reciprocity, the revocation imposed by the
department has expired;
(c)
Any revoked license has been physically surrendered to the division as
required or the respondent has notified the department that the license was
lost or stolen;
(d)
There is no evidence of continued driving of a motor vehicle in this
state during the revocation period;
(e)
A license application and fee are on file with the division if the
driver's license has expired or if the revokee is a
new resident;
(f)
The fee, required pursuant to RSA 263:42, V, has been paid;
(g)
The person's record has been reviewed to assure complete compliance with
applicable statutes and rules;
(h)
All court fines have been paid and defaults cleared; and
(i) There are no other revocations or suspensions
in effect under any other statute or rule including reciprocity agreements and
requirements.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 204.02);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.03 Restoration: Possession of
Drugs. Prior to such restoration,
the hearings examiner shall make further inquiry into the person's fitness to
drive if s/he has evidence that such person has a drug abuse problem which
might affect his/her ability to drive a motor vehicle safely.
Source. #3170, eff 12-31-85; #4451, eff 6-24-88; ss
by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 204.03);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.04 Restoration: Influence of
Alcohol or Drugs.
(a)
Any person whose driver's license or operating privilege has been
revoked pursuant to RSA 265-A:2 or 265-A:3, or RSA 263:65 for a out of state conviction shall have such license or
privilege restored upon meeting the following requirements:
(1) The period of revocation imposed by the court
has expired;
(2) Any revoked license has been physically
surrendered to the division as required, or the person has notified the
department that the license was lost or stolen;
(3) A license application and fee are filed with
the division if the revoked
(4) The fee required by RSA 263:42, V, has been paid;
(5) All court fines have been paid and defaults cleared;
(6) The person’s file reflects documentation of
successful completion of an approved alcohol education program;
(7) A negative alcohol evaluation report pursuant
to Saf-C 204.02 is on file;
(8) All requirements imposed by the court in
conjunction with its findings have been complied with, including but not
limited to:
a. Driver certification; or
b. Professional counseling;
(9) Proof of financial responsibility in the form
of an SR-22 certificate is on file; and
(10) There are no other revocations or suspensions
in effect under any other statute, rule or regulation including reciprocity
agreements and requirements.
Source. #3170, eff 12-31-85; #4451, eff 6-24-88; ss
by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 204.04);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04;
ss by #10395-B, eff 8-15-13
Saf-C
205.05 Restoration to Persons Found
Not Guilty of Driving While Intoxicated.
Upon receipt of a court abstract indicating that the person has been
found not guilty in superior or district court, Saf-C
205.03 shall not apply and such license or driving privilege revoked pursuant
to RSA 265-A:2 or 265-A:3-a shall be restored provided there are no other
active suspensions or revocations in effect under any other statute or rule
including reciprocity agreements and requirements.
Source. #3170-a, eff 12-31-85; #4451, eff 6-24-88; ss
by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 204.05);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.06 Restoration: Implied Consent
or Administrative License Suspension.
(a)
Any person whose license or privilege to drive a motor vehicle in this
state has been suspended pursuant to RSA 265-A:30 or 265-A:14, shall have such
license or privilege restored upon compliance with the requirements set forth
in (b) below.
(b)
Pursuant to (a) above, a person's license shall be restored if:
(1) The period of the original suspension imposed
by the department has expired unless the original order was modified at the hearing;
(2) Any license suspended by the department has
been physically surrendered or the respondent has notified the department that
the license was lost or stolen;
(3) The fee required pursuant to RSA 263:42, V,
has been paid;
(4) A review of the person's record discloses
total compliance with applicable statutes and rules; and
(5) There are no other revocations or suspensions
in effect under any other statute or rule including reciprocity agreements and
requirements.
Source. #3170, eff 12-31-85; #4451, eff 6-24-88; ss
by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by
#6068, eff 7-28-95; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 204.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.07 Denial of Restoration in
Certain Cases: Implied Consent or Administrative License Suspension.
(a)
Saf-C 205.05 notwithstanding, a hearing
examiner shall deny restoration of a license or driving privilege revoked pursuant
to RSA 265-A:30 or RSA 265-A:14, if:
(1) Any court, department, division or
administrative action has imposed an additional revocation of license or
driving privileges;
(2) The person has failed to comply with
financial responsibility requirements; or
(3) Physical, mental or
moral impairment exists that could result in immediate harm to the public
should the person's license be restored.
(b)
In a case as prescribed by (a)(1) above, the revocation shall run
consecutively with the revocation issued pursuant to RSA 265-A:14. Under no
circumstances shall said revocations run concurrently.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #5687, eff 8-20-93; amd by #5688, eff 8-20-93;
ss and moved by #6337, eff 9-25-96 (from Saf-C 204.07);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
205.08 Restoration or Reapplication: Medical
Evidence.
(a)
In the event that a person's license or driving privilege has been suspended
or revoked, or an application denied due to a medical condition, the following
shall be required from such person prior to restoring said license or privilege:
(1) A current statement of case history;
(2) A current medical evaluation by the treating physician
covering:
a. Diagnosis;
b. Treatment;
c. Prognosis;
d. Relationship to the patient's driving
ability; and
e.
Evidence the person has been symptom-free,
for a minimum of 12 months, of the medical condition
which led to the existing license or driving privilege suspension; and
(3) Any other relevant evidence as to the medical
condition of the applicant which relates to his ability to drive a motor
vehicle.
(b)
In lieu of the medical evaluation pursuant to (a)(2) above, a person may
submit a medical evaluation stating there is no evidence of reoccurrence of the
condition which led to the existing medical suspension and that any treatment program,
including medication, does not render the person a hazard to public safety or
incapable of safe operation of a vehicle.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 204.08); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by
#10395-B, eff 8-15-13
PART
Saf-C 206
HABITUAL OFFENDERS
Saf-C
206.01 Hearing Order.
(a)
Upon receipt of evidence that any person might qualify as an habitual offender within the meaning of RSA 259:39, the
commissioner shall issue an order requiring that person to appear for a hearing
to show cause why he should not be barred from driving a motor vehicle on the
ways of this state.
(b)
The order shall be issued to the appropriate law enforcement officer for
service on the person.
(c)
The order shall incorporate a certified transcript or abstract of the
person's driver record report.
(d)
The order shall be accompanied by form DSBH 14 so the law enforcement
officer or agency can document and return to the commissioner the service of
process.
(e)
The law enforcement officer serving the order shall submit the following
on DSBH 14:
(1) The name of the county where service was made;
(2) The date of the service;
(3) The time of the service;
(4) The signature of the law enforcement officer;
(5) The name of the law enforcement agency; and
(6) The signature of the individual served in
hand, or if the person refuses to sign, a notation of same by the law
enforcement officer.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.02 Scope of Hearing.
(a) The scope of an
habitual offender hearing shall be limited to a review of the convictions which
shall be used as the basis for finding a person to be an habitual offender.
(b)
In the event the commissioner finds there are sufficient convictions to
satisfy RSA 259:39, the convictions are valid, and that the person is the same
person named in the transcript, the commissioner shall certify the person to be
an habitual offender.
(c)
If a person is convicted under the laws of another state, of an offense specified
in RSA 262:19, V, the conviction shall be used for the purpose of certifying an habitual offender.
(d)
Pursuant to RSA 259:39, after a conviction for an offense listed in
either RSA 259:39, I or in RSA 259:39, II, and within a 5 year period, a person
who has a subsequent single incident resulting in 2 or more convictions of an
offense under the same paragraph as the initial conviction, each such
subsequent conviction shall be counted separately for the purposes of
certifying the individual as an habitual offender.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96,
EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C
205.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.03 Burden of Proof. If the person shall deny any of the facts
stated in the transcript or abstract, or deny, in the case of a conviction for
a misdemeanor, that he/she was represented by counsel or that there was an appropriate
waiver of counsel and acknowledgment of rights documented in the court, then the
person shall have the burden of proving that such is untrue.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.04 Commissioner Ordered
Prohibition.
(a)
If, as a result of the hearing, the commissioner finds a person to be an habitual offender, the commissioner shall cause notice to
be served in hand.
(b)
The notice in (a) above shall:
(1) Order the person not to drive on the ways of
this state until such privilege is restored in writing:
(2)
Advise the person that the penalty of
driving after being declared an habitual offender is a
one to 5 year term of imprisonment;
(3) Indicate the period of time
that the habitual offender's license shall be revoked; and
(4) Indicate conditions of probation as authorized
pursuant to Saf-C 203.11.
(c)
The department shall cause all licenses and permits to drive a motor
vehicle on the ways of this state, held by such person, to be surrendered.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.05 Default Judgment.
(a)
Failure of the person named in the order to appear for the hearing shall
result in a default judgment certifying the person to be an
habitual offender if the commissioner determines that:
(1) The convictions contained in the transcript
or abstract are valid and are of sufficient numbers to qualify the person as an habitual offender; and
(2) The person named in the order was properly
served pursuant to Saf-C 206.01.
(b)
The commissioner shall not be required to further contact the person
provided the evidence clearly indicates s/he was properly served.
(c)
Defaults shall be recorded as follows:
(1) The effective date of revocation and
certification as a habitual offender shall be the date of hearing wherein the
respondent failed to appear; and
(2) The notice sent date shall be the date of
original service on the respondent.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM,
eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.06 The Habitual Offender
Decertification Process and Restoration of License.
(a)
The habitual offender certification shall remain in effect until the
habitual offender is decertified.
(b)
When the original period of certification has expired, if the habitual
offender wishes to be decertified, the habitual offender shall submit a written
statement requesting a decertification hearing or a decertification record
review.
(c)
The written request, referred to in (b) above, shall include:
(1) The habitual offender's full name;
(2) The habitual offender's address; and
(3) The habitual offender's date of birth.
(d)
The department shall schedule a review hearing within 30 days from the
date of receipt of the written request, so long as:
(1) The written request meets the provisions of (c)
above;
(2) The habitual offender has been free from
incarceration for at least 6 months for a motor vehicle offense;
(3) The habitual offender has complied with all
the terms and conditions of the certification order; and
(4)
There are no other suspensions/revocations in effect in
(e)
The burden of persuasion for the hearing in this section shall be on the
respondent.
(f) The scope of the decertification hearing or
review shall be limited to the following:
(1) A review of the record and the division's
files to determine if any agency has filed complaints against the habitual
offender alleging the habitual offender remains an on-going hazard to the
public's safety;
(2) A review of the record to determine if the
habitual offender drove a motor vehicle in New Hampshire during the period of
revocation or if there are out-of-state convictions during the period of revocation
of an offense specified in RSA 262:19, V;
(3) A determination that the habitual offender
has no unpaid court fines;
(4) A determination that the habitual offender
has no court defaults;
(5) A determination that the habitual offender's
driving privileges is not suspended or revoked in any other jurisdiction;
(6) A determination that all alcohol education
requirements, pursuant to RSA 265-A:42, have been satisfied;
(7) A determination that current medical
information is on file, favorable to the habitual offender, if there was any
suspension or revocation activity remaining that was medically related; and
(8) A determination that the habitual offender
has been free of confinement or incarceration for a motor vehicle offense, for
a period of 6 months or more.
(g)
For the purposes of (f)(7) above, any medical information that is older
than 6 months shall not be considered current.
(h)
When there is an outstanding implied consent revocation to be served, it
shall not preclude the decertification process.
(i) If after a hearing, the habitual offender decertification
is denied, the habitual offender certification shall remain in full force and
effect. The habitual offender may
request a decertification hearing once every year thereafter.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 205.06); amd by
#7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
206.07 Restoration of License or
Nonresident Operating Privileges.
(a)
Once the habitual offender has been decertified, the driver's license or
nonresident operating privileges shall be restored upon:
(1) Receipt of evidence that the person has
successfully completed an approved driver attitude program pursuant to RSA
263:56-e, I(c) or, pursuant to Saf-C 212.09, the
requirement has been waived;
(2) The filing of an SR-22 certificate
with the department, pursuant to RSA 262:22, II;
(3) Payment of the restoration fee, pursuant to
RSA 263:42, V; and
(4) Serving any outstanding implied consent
revocation(s).
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.07); amd by #7349, eff 8-22-00;
amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05;
ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 207
FINANCIAL RESPONSIBILITY HEARING REQUIREMENTS
Saf-C 207.01 Insurance Certificates.
(a)
An SR-22 certificate filed pursuant to any law or rule shall include:
(1) The insured's name and date of birth;
(2) The insured's address;
(3) The name of the insurance company;
(4) The policy number;
(5) The effective date of the policy; and
(6) The type of coverage in effect.
(b)
An SR-26 certificate filed pursuant to any law or rule shall include:
(1) The insured's name and date of birth;
(2) The insured's address;
(3) The name of the insurance company;
(4) The policy number;
(5) The effective date of the policy; and
(6) The effective date of the cancellation or
termination of the policy.
Source. #2946-a, eff 1-3-85; ss by #4451, eff
6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES:
10-14-96; ss by #6337, eff 9-25-96; ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
207.02 Homicide or Assault with a
Motor Vehicle.
(a)
Upon receipt of an abstract of the record of conviction of a person for
homicide or assault arising out of the driving of a vehicle, the financial
responsibility administrator shall forward or cause to be forwarded to that
person a notice of action by first class
(1) The requirement to file proof of financial
responsibility in the form of an SR-22 certificate; and
(2) The department's intent to suspend such
person's license and registration certificate and plates 30 days subsequent to the issuance of said notice of intent if there
is noncompliance with (a) above.
(b)
The financial responsibility administrator or hearings examiner shall,
upon request, issue an amended notice allowing the person an additional 10 days
in which to comply with the filing requirement.
(c)
In the event such person, as described in paragraph (a) fails to file
proof of financial responsibility, the financial responsibility administrator
shall suspend such person's license and registration certificate and plates.
(d)
Whenever the SR-22 certificate is filed with the director prior to the
effective date of suspension, no suspension shall occur.
(e)
In the event the SR-22 certificate is filed subsequent
to suspension, all applicable rules and statutes shall be complied with
to effectuate restoration.
(f)
The provisions of this section shall be of general application but shall
not supersede any court imposed suspension/revocation
or insurance filing or action taken pursuant to Saf-C
209.
Source. #2946-a, eff 1-3-85; ss by #4451, eff
6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES:
10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C
206.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04;
ss by #10395-B, eff 8-15-13
Saf-C 207.03
Failing to Stop and Report an
Accident.
(a)
Upon receipt of an abstract of the record of conviction of a person for
failing to stop and report when involved in an accident, the financial
responsibility administrator shall forward or cause to be forwarded to the
person a notice of action by first class United States mail or hand service
advising the person of:
(1) The requirement to file proof of financial
responsibility in the form of an SR-22 certificate; and
(2) The department's intent to suspend such
person's license and registration certificate and plates 30 days subsequent to the issuance of said notice of intent if there
is noncompliance with (1) above.
(b)
The financial responsibility administrator or hearings examiner shall
upon request, issue an amended notice allowing the person an additional 10 days
in which to comply with the filing requirement.
(c)
In the event such person, as described in paragraph (a), fails to file
proof of financial responsibility, the financial responsibility administrator
shall suspend such person's license and registration certificate and plates.
(d)
Whenever the SR-22 certificate is filed with the director prior to the
effective date of suspension, no suspension shall occur.
(e)
In the event the SR-22 certificate is filed subsequent
to suspension, all applicable rules and statutes shall be complied with
to effectuate restoration.
(f)
The provisions of this section shall be of general application but shall
not supersede any court imposed suspension/revocation
or insurance filing.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 206.02); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B,
eff 8-15-13
Saf-C
207.04 Four or More Speeding
Convictions.
(a)
Upon receipt of abstracts of the record of convictions of a person for 4
or more speeding convictions, based on violations within the same calendar
year, the financial responsibility administrator shall forward or cause to be
forwarded to the person a notice of action by first class
(1) The requirement to file proof of financial
responsibility in the form of an SR-22 certificate; and
(2) The department's intent to suspend such
person's license and registration certificate and plates 30 days subsequent to the issuance of said notice of intent if there
is noncompliance with (1) above.
(b)
The financial responsibility administrator or hearings examiner shall,
upon request, issue an amended notice allowing the person an additional 10 days
in which to comply with the filing requirement.
(c)
In the event such person, as described in paragraph (a), fails to file
proof of financial responsibility, the financial responsibility administrator
shall suspend such person's license and registration certificate and plates.
(d) Whenever the SR-22 certificate is filed with
the director prior to the effective date of suspension, no suspension shall
occur.
(e)
In the event the SR-22 certificate is filed subsequent
to suspension, all applicable rules and statutes shall be complied with
to effectuate restoration.
(f)
The provision of this section shall be of general application but shall
not supersede any court imposed suspension/revocation
or insurance filing or action taken pursuant to Saf-C
212.
Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85;
ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
207.05 Reckless Driving.
(a)
Upon receipt of an abstract of the record of conviction of a person for
the second time for driving a vehicle in a reckless manner within 5 years,
based on the date of violation, the financial responsibility administrator or
hearing examiner shall forward, or cause to be forwarded to the person, a
notice of action by first class United States mail or hand service advising the
person of:
(1) The requirement to file proof of financial
responsibility in the form of an SR-22 certificate; and
(2) The department's intent to suspend such
person's license and registration certificate and plates 30 days subsequent to the issuance of said notice of intent if there
is noncompliance with (1) above.
(b)
The financial responsibility administrator or hearing examiner shall,
upon request, issue an amended notice allowing the person an additional 10 days
in which to comply with the filing requirement.
(c)
In the event such person, as described in paragraph (a), fails to file
proof of financial responsibility, the financial responsibility administrator
shall suspend such person's license and registration certificate and plates.
(d)
Whenever the SR-22 certificate is filed with the director prior to the effective
date of suspension, no suspension shall occur.
(e)
In the event the SR-22 certificate is filed subsequent
to suspension, all applicable rules and statutes shall be complied with
to effectuate restoration.
(f)
The provisions of this section shall be of general application but shall
not supersede any court imposed suspension or
insurance filing requirement.
Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85;
ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
207.06 Owner/Non-Owner Designation
Required.
(a)
Whenever proof of financial responsibility is required, it shall be
furnished, in duplicate, by an SR-22 certificate pursuant to RSA 264:21 and RSA
259:9. An SR-22 certificate shall not
contain a cancellation date.
(b)
The certificate shall clearly set forth whether the type of coverage
afforded is:
(1) If owner coverage, whether it is applicable
to any vehicles owned; or
(2) If non-owner applicable to any non-owned
vehicle.
(c)
Whenever proof of financial responsibility is canceled, the insurance company
shall furnish the department with an SR-26 certificate that shall effectively
cancel any SR-22 filings from that company bearing identical policy number(s).
(d)
All such certificates shall contain an official signature of the
insurer.
(e)
The department shall not be responsible for verifying the authenticity
of the signatures on the SR-22 or SR-26 certificates.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 206.05); ss by #8174, INTERIM, eff 9-25-04,
EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
207.07 Decertified Habitual Offenders. Notwithstanding Saf-C
207.12(a), the requirement to file proof of financial responsibility shall be
terminated by a hearings examiner or the financial responsibility administrator
after 3 years from the habitual offender’s date of eligibility for driver’s
license/operating privileges, as determined at the decertification hearing.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
207.08 Restoration of Registration. Restoration shall be based on the type of filing
made. In cases where non-owner's
coverage is filed, registration of a vehicle shall not be permitted
and active registration shall be suspended until evidence of owner coverage on
any such vehicle is filed with the director.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 206.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C
207.07); ss by #10395-B, eff 8-15-13
Saf-C
207.09 Cancellation of Coverage. On receipt of an insurer's intention to
cancel a person's proof of financial responsibility in the form of an SR-26,
the commissioner shall:
(a)
Forward or cause to be forwarded a notice of action to the named insured
advising him of such cancellation; and
(b)
Advise the named insured that his license and registration shall be
suspended 20 days after the issuance of such notice if an SR-22 certificate is
not filed within that period.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 206.08); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.08); ss by #10395-B, ef
8-15-13
Saf-C
207.10 Notice of Suspension.
(a)
In the event a suspension of license or registration or both is effected due to a failure to file an SR-22 certificate as
required, the financial responsibility administrator shall forward, or cause to
be forwarded, a notice of suspension to the address of record of such person by
first class mail.
(b)
In such letter, the suspended licensee or registrant
shall be directed to surrender his/her license and registration certificate and
registration plates.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(formerly Saf-C 206.09); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss moved by #8230-B, eff 12-17-04 (formerly Saf-C 207.09); ss by #10395-B, ef
8-15-13
Saf-C
207.11 Failure to Surrender License,
Plates, Registration. In the event a
person is advised by letter to surrender his or her license and/or registration
certificate and plates, and such person fails to comply,
the
financial responsibility administrator or hearing examiner shall, after 15
working days from the effective date of the suspension or revocation, forward a
pickup order to a law enforcement officer to retrieve such items.
Source. #5274, eff 11-20-91; ss by #5688, eff 8-20-93;
ss and moved by #6337, eff 9-25-96 (formerly Saf-C
206.10); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss
moved by #8230-B, eff 12-17-04 (formerly Saf-C
207.10); ss by #10395-B, ef 8-15-13
Saf-C 207.12 Cancellation of Requirement for Proof of
Financial Responsibility.
(a)
The requirement to file proof of financial responsibility shall be
terminated by a hearings examiner or the financial responsibility administrator
after 3 years from the date of accident involvement, final conviction, or
administrative action requiring such proof.
(b)
The filing period shall be extended for a period of 3 years from the
date of a record of the following subsequent activities:
(1) Uninsured accident involvement;
(2) A conviction under RSA 259:39, I, with a violation
date occurring during the required filing period;
(3) Any administrative action resulting from a
hearing, imposing the filing of an SR-22 certificate;
(4) An unsatisfied judgment that resulted from an
uninsured motor vehicle accident;
(5) Certification as an
habitual offender; and
(6)
Other actions, pursuant to RSA 264:2 and
RSA 264:3, which require furnishing proof of financial responsibility.
(c)
A person convicted of driving while intoxicated second offense or
subsequent offense shall file proof of financial responsibility for 3 years
from the date of eligibility for restoration.
(d)
If an individual is in default of an agreement pursuant to Saf-C 208.12, that person shall not be relieved from the
SR-22 filing requirement until the agreed amount has been paid in full.
(e)
The financial responsibility administrator or hearing examiner shall
notify the named insured and the insurance company when an SR-22 filing is no
longer required.
Source. #8230-B, eff 12-17-04 (formerly Saf-C 207.11); ss by #10395-B, ef
8-15-13
PART
Saf-C 208 ACCIDENT
REPORTS, HEARINGS
Saf-C
208.01 Uniform Police Traffic
Accident Report.
(a)
The report of investigation of accidents required pursuant to RSA
264:26, shall be submitted to the division on form DSMV-159.
(b)
The investigating law enforcement officer shall submit the following on
form DSMV-159:
(1) The location of accident, including the:
a. Route number/street name;
b. Distance from and name of nearest
intersecting road, bridge, town line;
c. City or town, and county;
d. Relative distance to nearest nodes or mile markers, if interstate highway; and
e. Posted speed;
(2)
The day, date and time of accident;
(3) The total number of:
a. Killed;
b. Injured; and
c. Vehicles;
(4) The time that the:
a. Police were notified;
b.
Police arrived; and
c. Ambulance arrived;
(5) Which police department was involved;
(6) The identification of drivers, pedestrians,
and bicyclists, including:
a. Their names;
b. Their addresses;
c. Their license numbers;
d. Their license classifications;
e. Their dates of birth;
f. Their sex; and
g. An indication as to whether license
restrictions/endorsements were complied with;
(7) Identification of owners and vehicles
involved, including:
a. Their names;
b. Their addresses;
c. Their vehicle identification numbers;
d. The make of each vehicle;
e. The year of manufacture for each vehicle;
f. The plate numbers and state where issued;
g. The trailer plate number and state where
issued, if
applicable;
and
h. The insurance company and policy number or
indication as to whether an insurance card, DSMV 385, was issued;
(8) An indication as to whether the accident involved:
a. A commercial vehicle; or
b. Hazardous materials;
(9) The probable points of impact for any vehicle;
(10) A diagram of accident;
(11) A recommendation to division relative to
hearing or driver re-examination, including a report describing the reason for
the recommendation;
(12) An indication as to whether vehicle was
towed, and if so, by whom and to what destination;
(13) A narrative description of accident;
(14) Summaries of any driver's statements;
(15) The name, address, and phone number of each
occupant or witness;
(16) The signature of the investigator, and the
date, department, division, or troop; and
(17) An indication as to whether photographs of
the scene were taken.
Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85;
ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5688, eff 8-20-93; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.01); amd by #7349, eff
8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, ef
8-15-13
Saf-C
208.02 Operator's Report of Accident.
(a)
A person required by RSA 264:25 to report an accident shall submit form
DSMV 400 to the division.
(b)
A person required by RSA 264:25 to report an accident shall submit the
following on form DSMV 400:
(1) A statement as to the day, date and time of accident;
(2) A description of the location of accident,
including:
a. Route number or street name;
b. Nearest intersecting route number or street
name; and
c. City or town, and county;
(3) The number of vehicles involved;
(4) A statement as to whether police investigated
at scene;
(5) A statement as to identification of drivers,
including:
a. Their names;
b. Their addresses;
c. Their telephone numbers;
d. Their license numbers, states where issued,
and classifications;
e. Their dates of birth; and
f. Their sex;
(6) A statement as to the identification of the owner
of the vehicle driven by each driver, including:
a. Their name;
b. Their addresses; and
c. Their telephone numbers;
(7) A statement as to the identification and
description of the vehicle of each owner, including:
a. Its year of manufacture;
b. Its make;
c. Its plate number and state where issued;
d. Its trailer plate number and state where
issued, if applicable;
e. Its vehicle identification number;
f. A description of the extent of the damage and
estimated cost of repair; and
g. An indication as to whether the vehicle is a commercial
motor vehicle;
(8) A diagram of the accident;
(9) A narrative description of accident;
(10) Description of occupants and witnesses,
including:
a. Their names;
b. Their addresses and phone numbers;
c. Their ages;
d. Their sex;
e. An indication as to whether safety equipment
was used;
f. A statement as to the type and location of injury;
g. An indication as to whether the individual
was a vehicle occupant, bicyclist, or pedestrian;
h. A statement as to the injured person's position
in or on vehicle, motorcycle, bicycle, or snowmobile;
i. A statement as to whether helmet was worn;
and
j. A statement as to whether the injured person
was thrown from vehicle;
(11) The following regarding the operator's
insurance:
a. The name of the company;
b. The insured's agent;
c. The insured's agent's address;
d. The policy number; and
e. The effective date of the policy;
(12) A description of property, other than vehicle,
damage;
(13) A statement as to the details of the accident,
including:
a. The type of accident, such as:
1. Collision; or
2. Noncollision;
b. A description of any object struck;
c. The accident's location;
d. A description of any traffic controls;
e. A description of the road design;
f. A statement as to the road surface condition;
g. A description of the weather at the time of
the accident;
h. A description of the types of vehicles
involved in the accident;
i. A statement as to the directions in which the
vehicles were traveling; and
j. A statement as to the pre-accident action of
vehicles, bicyclists, or pedestrians; and
(14) The signature of the operator and the date of
the report.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 207.02); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 208.03 Failure to File Accident Report. If a person fails to file an accident report
as required under RSA 264:3 and RSA 264:25, the financial responsibility administrator
shall forward or cause to be forwarded by first class mail a notice of
suspension of license and registration to the person’s last known address.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 207.03); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.04 Late Report After Suspension. If an accident report in compliance with RSA
264:3, RSA 264:25, RSA 264:26 and these rules is received subsequent to the
action required by Saf-C 208.03, the license and
registration of the person required to submit such accident report shall be
restored, unless an examination of such person’s file by the financial
responsibility administrator or a hearings examiner shows that the person’s
license or registration or both has been suspended on other grounds and that
the criteria for restoration of such license or registration based upon such
other grounds have not been satisfied.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 207.04); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.05 Evaluation of Accident Reports.
(a)
Upon receipt of any accident report, the department's accident evaluator
shall:
(1) Review the accident report and any related
documentation submitted;
(2) Determine if the operator, at the time of the
accident, was self-insured, based upon evidence on file with the department;
(3) Determine if the owner had in effect, at the
time of the accident, an automobile liability policy with respect to the
vehicle involved in the accident;
(4) Determine whether the operator or owner had
in effect at the time of the accident any other form of coverage;
(5) Determine whether the vehicle at the time of
the accident was legally parked;
(6) Determine whether the owner of the vehicle at
the time of the accident was:
a. The
b. The state; or
c. A city or town; and
(7) Determine whether the driver was a town
police officer or state employee while on official duty.
(b) If the review in (a) above results in a
conclusion that there is a reasonable possibility of judgment against the
uninsured motorist in any civil litigation, then the reviewer shall establish
the security requirement in the amount sufficient to satisfy any judgment.
(c)
The security requirement shall be accepted in only one of the following
forms:
(1) A standard interest bearing
savings account in the exact amount specified, accompanied by a signed order of
withdrawal;
(2) A certified check or money order for the
exact amount specified; or
(3) Cash for the exact amount specified.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 207.05); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by#10395-B,
eff 8-15-13
Saf-C
208.06 Computation of Security
Requirement Amount.
(a)
In the event that security is deemed to be required, pursuant to Saf-C 208.05(b), the amount of such security shall reflect
a reasonable prediction of the extent of personal injury and property damage
costs.
(b)
The following criteria shall be considered in determining the predicted
cost from personal injury:
(1) The description of the injury;
(2) The probable length of recovery time;
(3) The age of the injured party;
(4)
All medical, dental, and hospital costs;
(5) The prospects of disability; and
(6) The severity of property damage in relation
to the described injury.
(c)
Notwithstanding (b)(1) through (b)(6), the dollar amount shall not
exceed the provisions specified in RSA 264:20.
(d)
Information for making a determination pursuant
to (a) above, shall be obtained from:
(1) Medical or dental reports;
(2) Schedules for approximate costs of injuries
and physical disabilities; and
(3) Schedules from health and accident insurance
companies.
(e)
The amount of security required due to property damage shall be on the basis of one or more of the following:
(1) Repair estimates, one or more;
(2) Current new or used car guides; and
(3) Initial or supplemental estimates from a
repair facility or automotive body shop as obtained and submitted from the
involved parties;
(f)
Notwithstanding (d)(1) through (d)(4), the dollar amount shall not
exceed the provision specified in RSA 264:20.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #6068, eff 7-28-95; amd by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 207.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 208.07 Non-Response for Information Needed to
Determine Security Requirement. If a
person fails to respond within 20 days to the request from an evaluator and/or
the financial responsibility administrator for the information necessary to
determine the amount of the required security, the financial responsibility
administrator and/or accident evaluator shall utilize the criteria under Saf-C 208.06 (e) to determine an amount of security. This amount shall be adjusted upon the
submission of documentation substantiating actual cost of the repair or
replacement to property.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249,
INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(formerly Saf-C 207.061); ss by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.08 Notice of Security Requirement.
(a)
In the event security is determined to be required from a driver or
owner, the department shall forward a notice to the appropriate person(s).
(b)
The notice in (a) above shall include:
(1) The reason(s) for the imposition of the requirement;
(2) The amount of security required;
(3) Request for a hearing
instructions regarding the person's eligibility for hearing;
(4) A statement as to the department's intention
to suspend the license and registration for failure to deposit security as required;
(5) A statement as to the department's intention
to suspend the license and registration for failure to file proof of financial
responsibility in the form of an SR-22 certificate; and
(6) A statement indicating that absent good
cause, no hearing shall be held if requested after 30 days from the date the
notice was issued.
(c)
For the purposes of (b)(6) above, good cause shall be determined in
accordance with Saf-C 203.22(b).
Source. #6337, eff 9-25-96 (from Saf-C
207.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.09 Failure to Deposit Security:
Suspension.
(a)
After 30 days from the issuance of the notice required in Saf-C 208.08, the financial responsibility administrator
shall suspend the license and registration or non-resident driving privileges
of the person named in the notice unless:
(1) Security in the required amount and form has
been deposited and proof of financial responsibility has been filed in the form
of an SR-22 certificate clearly setting forth whether the type of coverage is
owner or non-owner;
(2) The request for hearing has been received by
the department; or
(3) The named party has presented evidence of a
release, covenant not to sue, or final adjudication of non-liability.
(b)
If a hearing is requested, the hearings examiner shall determine the
amount of security required to be posted pursuant to Saf-C
208.06. If security and financial
responsibility are required, the hearings examiner shall suspend the license
and registration of the person 30 days from the date of his decision unless or
until the requirements are met.
(c)
The scope of the hearing shall be limited to:
(1) Whether the respondent or the respondent's
vehicle was involved in an accident on the date alleged in the notice of suspension;
(2) Whether appropriate insurance was in effect
at the time of the accident;
(3) Whether the accident was reportable under RSA
264:25; and
(4) Whether based on the evidence presented by
the respondent, there exists doubt as to whether a judgment would be obtained,
taking into consideration the provisions of RSA 507:7-d.
Source. #6337, eff 9-25-96 (from Saf-C
207.08); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by
#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.10 Withdrawal of Security Requirement.
(a)
Security deposits shall be withdrawn in any of the following instances:
(1) By assignment of any part or all of the
deposit of security to a party in whose favor judgment is obtained as deemed
necessary by the court order;
(2) A settlement between the parties wherein
assignment and release forms are executed; or
(3) After a 2 year
period has elapsed since the accident, and there is no evidence of suit against
the depositor.
(b)
Any request for withdrawal of the deposit of security shall be made in
writing to the department.
Source. #6337, eff 9-25-96 (from Saf-C
207.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.11 Unsatisfied Judgments.
(a)
Upon receipt of a court judgment that is unsatisfied that resulted from
an uninsured accident, the financial responsibility administrator shall issue a
suspension order effective 30 days subsequent to the
date of notice. This notice shall
include a copy of the court's judgment and advise the recipient of his right to
request a hearing.
(b)
The scope of such a hearing shall be limited to:
(1) Whether the recipient is the same person
named in the court's decision; and
(2) Whether the accident, if in-state, was
reportable under RSA 264:25.
Source. #6337, eff 9-25-96 (from Saf-C
207.10); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
208.12 Failure to Pay an Agreement
with a Creditor.
(a)
Pursuant to RSA 264:11, a debtor who fails to pay any installment as
specified in an agreement with a creditor shall have his/her license, driving
privileges and registration suspended.
Upon receipt of notification of non-payment of agreement, the financial
responsibility administrator shall issue a suspension order effective 10 days subsequent to the date of the notice. The notice shall advise the recipient of
his/her right to request a hearing.
(b)
The scope of the hearing shall be limited to:
(1) Whether the recipient entered into a security
release agreement with the aggrieved party or parties; and
(2) Whether the recipient is in
compliance with the agreement.
Source. #6337, eff 9-25-96 (from Saf-C
207.11); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by
#8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 209
PROCEDURES IN CASES OF FATAL ACCIDENTS
Saf-C
209.01 Suspension Upon Findings.
(a)
On receipt of a written report indicating that the surviving driver
involved in an accident, wherein one or more persons lost their lives, drove a
vehicle in an improper or illegal manner and contributed materially to the
accident and the resulting death, the director of motor vehicles shall forward
a notice of suspension to such driver.
(b)
The effective date of such suspension shall be 5 days subsequent
to its issuance.
(c)
The notice of suspension shall include:
(1) The time, date, and location of the accident;
(2) The name of any deceased;
(3) A letter signed by the commissioner noting
the effective date of the suspension and the authority
therefore; and
(4) Reasons for the suspension order.
(d)
In those cases where such a report indicates the driver might have
contributed materially to the resulting accident or death and the driver is not
determined to be an immediate hazard, the department shall schedule a hearing
prior to suspension.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
amd by #5688, eff 8-20-93; amd
by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 208.01); ss by #8174, INTERIM, eff 9-25-04,
EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
209.02 Request for Hearing. For any hearing scheduled under the
provisions of RSA 263:56 or 263:59 regarding a fatality, the decedent's next of
kin shall receive notice of the hearing and shall have the right to be present
at the hearing. Next of kin shall be
deemed to have been properly notified by certified mail with return receipt
requested to at least one of the next of kin who is listed in RSA 259:66-a
and
who has been identified as a result of a review of
department records or of information made known to the department.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 208.02); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B,
eff 8-15-13
Saf-C
209.03 Summary of Findings.
(a)
The hearings examiner shall file with the department a published summary
of the hearing, which shall include all findings of fact and conclusions of law
and disposition. Such summary of findings
may be made orally at the hearing, but a written summary shall be issued to the
respondent or the respondent’s representative within 15 working days following
the conclusion of the hearing.
(b)
Such summary shall be available to any person in attendance on request
and payment of the prescribed fee detailed in Saf-C
203.13.
(c)
In proceedings concerning accidents involving motor vehicle fatalities,
the hearings examiner shall not give weight to the lack of a criminal
prosecution relative to the accident, in making the decision concerning license
suspension or revocation.
Source. #6337, eff 9-25-96 (from Saf-C
208.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
209.04 Statement of Next of Kin of Deceased.
(a)
"Next of kin", for the purpose of this section, means at least
one party listed in RSA 259:66-a and who has been identified as
a result of a review of department records or of information made known
to the department.
(b)
Testimony from the next of kin shall be considered by the hearings examiner
only after the hearings examiner’s findings have been made and in consideration
of the appropriate sanction.
(c)
Next of kin may submit to the hearings examiner oral testimony or
written statements which may contain such information or opinions concerning
the accident, the person responsible and the appropriate sentence.
(d)
A copy of the written statement submitted to the department by next of
kin shall be made available to the respondent who is the subject of the
hearing, or his representative. The respondent or the respondent’s
representative shall be afforded 15 working days to provide relevant written
evidence and statements for dispositional purposes.
(e)
Nothing in this section shall be construed as preventing the hearings
examiner from imposing an indefinite suspension of license or driving
privileges until said rebuttal is considered by the hearings examiner in the
decision.
Source. #6337, eff 9-25-96 (from Saf-C
208.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
209.05 Decision of Hearing Examiner.
(a)
The hearings examiner's disposition and sanction shall be imposed within
15 working days after the close of evidence.
Dispositions and sanctions of the hearings
examiner shall be based on the findings of fact and conclusions of law as made
by the hearings examiner.
(b)
The hearings examiner shall forward a copy of the decision to the
parties and the decision of the hearings examiner shall be available to individuals
in attendance on request and payment of the fee prescribed in Saf-C 203.13.
(c)
The decision shall include the length of suspension or revocation, if
any, and the appropriate appeal mechanism available, pursuant to RSA 263:76.
(d)
A copy of such decision shall be forwarded to the complainant in
attendance at the hearing.
(e)
The hearings examiner shall forward a copy of the decision to the next
of kin by first class mail. If aggrieved
by the decision, the next of kin shall, pursuant to RSA 263:56, IV, have
standing under RSA 263:76 to file a petition in the superior court for review
of the questions of law in the decision.
Source. #6337, eff 9-25-96 (from Saf-C
208.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
209.06 Restoration: Fatal Accident
Involvement.
(a)
On receipt of a petition for reinstatement subsequent
to suspension for fatal accident involvement pursuant to RSA 263:56 or
263:59, the commissioner or director, after a hearing, shall restore the privilege
to drive a motor vehicle on the ways of this state provided the following
conditions have been met:
(1) There is indication through any additional
investigation that the applicant is no longer a hazard to public safety. Such investigation shall include a report
from a probation/parole officer if applicable;
(2) There is no evidence the applicant drove a
motor vehicle on the ways of this state during the period of suspension;
(3) The fee pursuant to RSA 263:42, V, has been paid;
(4) All court fines have been paid;
(5) Any defaults have been cleared;
(6)
There are no court imposed sanctions resulting from
the fatal accident that remain unsatisfied;
(7) The hearing and record review clearly
indicate the defendant is in complete compliance with applicable statutes and rules;
(8) Proof of financial responsibility in the form
of an SR-22 certificate is on file with the division for a minimum of 3 years from
the date of eligibility; and
(9) There are no other revocations or suspensions
in effect under any other statute or rule, including reciprocity agreements and
requirements.
(b)
The commissioner or director shall require:
(1)
A license examination as appropriate;
(2) A medical evaluation as prescribed in Saf-C 204.02(c), as appropriate;
(3) An alcohol evaluation as prescribed in Saf-C 204.02(a), as appropriate; and
(4) Any other terms and conditions as allowed by
other provisions of law.
Source. #6337, eff 9-25-96 (from Saf-C
208.06); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 210
PROCEDURES IN CASES OF PERSONAL INJURY ACCIDENTS OR SERIOUS PROPERTY
DAMAGE ACCIDENTS
Saf-C
210.01 Suspension Upon Findings.
(a)
The commissioner or the director, on receipt of a written report
indicating that a surviving driver recklessly or unlawfully operated a motor
vehicle, causing or materially contributing to the accident that resulted in
injury or serious property damage, shall forward a request to the financial
responsibility administrator that notice of suspension be issued to said
operator.
(b)
The effective date of such suspension shall be 5 days subsequent
to its issuance.
(c)
The notice of suspension shall include:
(1) The date, time and location of the accident;
(2) The name of any injured parties;
(3) A brief description of the serious property damage;
(4) A letter issued by the commissioner or
director noting the effective date of the suspension and the authority
therefore; and
(5) Reasons for the suspension order.
(d)
In cases where a report indicates that the driver may have contributed
materially to the resulting accident and the driver is not determined to be an
immediate hazard, the department shall schedule a hearing prior to suspension.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by #6143, eff 12-21-95; amd
by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff
9-25-96 (from Saf-C 209.01); ss by #8174, INTERIM,
eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff
8-15-13
Saf-C
210.02 Request for Hearing. Upon receipt of a written request for a
hearing, subsequent to a suspension pursuant to RSA
263:59, the department shall schedule a hearing within 15 calendar days of
receipt of the request. The petitioner
shall notify the parties.
Source. #2250, eff 12-31-82; ss by #2946-a, eff
1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd
by #5274, eff 11-20-91; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss
and moved by #6337, eff 9-25-96 (from Saf-C 209.02);
ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
210.03 Restoration: Injury or Serious
Property Damage Accident Involvement.
(a)
On receipt of a petition for reinstatement subsequent
to suspension for injury or serious property accident involvement
pursuant to RSA 263:56 or RSA 263:59, the commissioner shall restore the
privilege to drive a motor vehicle on the ways of this state provided the
following conditions have been met:
(1) There is indication through any additional
investigation, such as a report from a probation or parole officer, if
applicable, that the applicant is no longer a hazard to public safety;
(2) There is no evidence the applicant drove a
motor vehicle on the ways of this state during the period of suspension;
(3) The fee pursuant to RSA 263:42, V has been paid;
(4) All court fines have been paid;
(5) Any defaults have been cleared;
(6) There are no court imposed
sanctions resulting from the accident that remain unsatisfied;
(7) The hearing and record review clearly
indicate the respondent is in complete compliance with applicable statutes and rules;
(8) Proof of financial responsibility in the form
of an SR-22 certificate is on file with the division for a minimum of 3 years
from the date of license eligibility; and
(9) There are no other revocations or suspensions
in effect under any other statute or rule, including reciprocity agreements and
requirements.
(b)
The commissioner shall require:
(1)
A license examination, as appropriate;
(2) A medical evaluation, as prescribed in Saf-C 204.02(c), as appropriate;
(3) An alcohol evaluation as prescribed in Saf-C 204.02(a), as appropriate; and
(4) Any other terms and conditions as allowed by
other provisions of law.
Source. #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
PART Saf-C 211 PROTESTED
CHECKS
Saf-C
211.01 Business Office. When any check in payment of a license,
vehicle registration, title, permit or fee is returned
to the department's business office as uncollectible:
(a)
The check shall not be redeposited; and
(b)
The business office shall forward an advisory letter to the signatory
which contains:
(1) Notification that the check has been returned
and the reason;
(2) Notification that the check cannot be redeposited;
(3) A request for restitution of the full amount
of the check in addition to the penalty authorized by RSA 6:11-a;
(4) Notification that if the license is suspended
for more than 15 days, the statutory restoration fee, in addition to
restitution of the full amount of the check and penalty, shall be paid before
the license shall be restored;
(5) Notification that if the license has been
under suspension for more than 15 days, payment of the statutory restoration
fee shall be included in addition to restitution for the full amount of the
check and payment of the penalty;
(6) Notification that payment shall be made by
certified check, money order, or cash;
(7) The notification shall also state that if
payment is sent by mail, it shall be by certified check or money order;
(8) Notification that payment shall be payable to
State of
Department of
Safety
Business Office
(9) Notification that unless payment is received
within 20 working days from the date of the letter, or a hearing is requested,
action shall be initiated to suspend any license, vehicle registration, title,
permit, or any combination thereof, which has been obtained by the signatory or
any other person by issuance of the returned check, together with the driving
privileges of said person where appropriate.
(c)
The department shall accept a second personal check in satisfaction of
the uncollectible check amount plus any penalties if the business office
determines that:
(1) The individual's record indicates that there
is no more than one returned check in the previous 12 month
period in any transaction with the department;
(2) It would be inefficient and impractical to
refuse the second personal check because the individual has mistakenly presented
or mailed a second personal check; or
(3) The individual's bank indicates that the account
that the second personal check is drawn on has sufficient funds to satisfy the
amount of the check.
(d)
A hearing may be requested in writing, and if received prior to the
effective date of suspension, it shall preclude the suspension from taking effect.
(e)
The person requesting the hearing, pursuant to (d) above, shall have the
burden of proving by a preponderance of the evidence that the person:
(1) Is not indebted to the department; or
(2) Has paid to the department the full amount of
the returned check, the penalty authorized by RSA 6:11-a, and any applicable
statutory restoration fee.
(f)
At the conclusion of a hearing, a hearings examiner shall suspend any
license, vehicle registration, title, permit or any combination thereof which was
obtained by issuance of the returned check in any case in which it is found
that the signatory of the returned check or any other person who obtained any
of the foregoing items by the issuance thereof:
(1) Is indebted to the department as a result of the returned check; and
(2) Has not paid to the department the full
amount of the returned check, the penalty authorized by RSA 6:11-a, and any
applicable statutory restoration fee.
(g)
All licenses, vehicle registrations, plates and decals, titles and permits suspended under this rule shall be
returned to the department immediately following the effective date of
suspension. Notice of this requirement
shall be included in any suspension order issued.
(h)
Any item suspended under this rule shall be restored upon receipt of
restitution of the full amount of the returned check, together with any penalty
owed to the department, provided there are no other suspensions and or
revocations in effect, and further provided no additional penalties are applicable
pursuant to RSA 263:12, 263:64-a, and or 265:4.
(i) Restoration shall not become effective until
notice is given by the financial responsibility administrator and is received
by the person against whom the suspension was issued.
Source. #4207, eff 1-16-87; ss by #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (from Saf-C
210.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
211.02 Municipalities.
(a)
When any check in payment of a permit fee is returned to a municipality
as uncollectible because of insufficient funds, the procedure set forth in this
section shall be followed.
(b)
A written complaint shall be executed against the registrant by the
designated municipal official. The
complaint shall be filed on form DSMV 164.
(c)
The designated municipal official shall include the following on or with
form DSMV 164:
(1) The registrant's name and address;
(2) The registration number, if available;
(3) A copy of each of the municipal permit(s) issued;
(4) The insufficient fund check which was
tendered in payment therefore;
(5) The date of the transaction;
(6) A statement that there are insufficient funds
for a check drawn to pay for the municipal permit;
(7) A statement that a certified letter, return
receipt requested, was mailed to the respondent more than 10 days prior to the
date of the complaint; and
(8) That the registrant has failed to make
payment as of the date of the complaint.
(d)
The written complaint shall be filed with the financial responsibility
administrator and sent to:
Division
of Motor Vehicles
Financial
Responsibility
(e)
The financial responsibility administrator shall generate a suspension
notice to take effect in 10 days from the date of the notice, which shall
indicate that:
(1) A hearing may be requested in writing and if
such request is made it shall preclude suspension from taking effect; and
(2) If a hearing is requested, the registrant shall
have the burden of proving, by a preponderance of the evidence, that he has
made restitution of the full amount of the returned check and has paid any protest
fees assessed by the municipality to which the returned check was issued.
(f)
At the conclusion of a hearing, a hearings examiner shall continue
suspension of the registration certificate and number plates of the registrant
in any case in which it is found that the person had not made full restitution
of the returned check, or paid any protest fees
assessed by the municipality to which the returned check was issued.
(g)
Any suspension issued under this section shall remain in effect until the
financial responsibility administrator receives written evidence which
conclusively establishes that:
(1) Restitution of the full amount of the
returned check has been made to the municipality;
(2) Payment of any protest fees has been made to
the municipality; and
(3) There are no other suspensions and or revocations
in effect and further provided no additional penalties are applicable pursuant
to RSA 263:12, RSA 263:64-a or RSA 265:4.
Source.
#4207, eff 1-16-87; ss by #4451, eff
6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (from Saf-C
210.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
211.03 Road Toll Bureau. – (Moved
to Saf-C 305.07)
Source. #4207, eff 1-16-87; ss by #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (formerly Saf-C
210.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
211.04 Prosecution. – (Moved to Saf-C 305.08)
Source. #4207, eff 1-16-87; ss by #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (formerly Saf-C
210.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
211.05 Noncompliance with Road Toll
Law.
– (Moved to Saf-C 305.09)
Source. #4207, eff 1-16-87; ss by #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96;
ss and moved by #6337, eff 9-25-96 (formerly Saf-C
210.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 212
UNIFORM POINT SYSTEM
Saf-C
212.01 Purpose. The purpose of these rules is to create a
rational and uniform system for identifying habitually reckless or negligent
drivers and habitual or frequent violators of traffic laws governing the
movement of vehicles.
Source. #4207, eff 1-16-87; ss by #4451, eff 6-24-88;
ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and
moved by #6337, eff 9-25-96 (from Saf-C 211.01); ss
by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04;
ss by #10395-B, eff 8-15-13
Saf-C
212.02 Assessment of Points:
Suspensions.
(a)
Any person under 18 years of age who accumulates the number of demerit
points specified below, in accordance with Saf-C 212.04
shall be subject to the following suspension period:
(1) For 6 demerit points in one calendar year, up
to 3 months;
(2) For 12 demerit points in 2 consecutive calendar
years, up to 6 months;
(3) For 18 demerit points in 3 consecutive
calendar years, up to one year.
(b)
Any person 18 to under 21 years of age who accumulates the number of
demerit points specified below, in accordance with Saf-C
212.04, shall be subject to the following suspension period:
(1) For 9 demerit points in one calendar year, up
to 3 months;
(2) For 15 demerit points in 2 consecutive
calendar years, up to 6 months;
(3) For 21 demerit points in 3 consecutive
calendar years, up to one year.
(c)
Any person 21 years of age or older who accumulates the number of
demerit points specified below, in accordance with Saf-C
212.04 shall be subject to the suspension period specified:
(1) For 12 demerit points in one calendar year,
up to 3 months;
(2) For 18 demerit points in 2 consecutive
calendar years, up to 6 months;
(3) For 24 demerit points in 3 consecutive
calendar years, up to one year.
(d)
For the purpose of assessing the points as specified in Saf-C 212.03, the violation date, not the conviction date,
shall be used to determine whether the appropriate number of points have been
obtained within a particular calendar year.
(e)
When 2 or more convictions result from a single incident, the
commissioner shall assess points for one offense only, if the offenses are
assigned different demerit points, the offense having the greater point value
shall be used.
(f)
Any person convicted under the laws of another state, of any violation
which would have constituted a violation specified in Saf-C
212.03 if committed in New Hampshire, shall be assessed the number of points
specified in that section.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
amd by #5688, eff 8-20-93; ss and moved by #6337, eff
9-25-96 (from Saf-C 211.02); ss by #8174, INTERIM,
eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff
8-15-13
Saf-C
212.03 Demerit Points. Upon conviction, the following demerit points
shall be assessed for the corresponding violation:
(a)
One demerit point for a conviction of violating:
(1) RSA 261:59, operating without possession of a
registration certificate;
(2) RSA 266:5, failure to obey inspection
requirements; or
(3) RSA 263:35, failure to obtain a
(b)
Two demerit points for a conviction of violating:
(1) RSA 261:40, unregistered vehicle;
(2) RSA 263:1-a, allowing an improper person to
operate a motor vehicle;
(3) RSA 263:2, failure to display or produce a
license for inspection by an officer;
(4) RSA 263:85, allowing an improper person to
drive a commercial motor vehicle;
(5) RSA 263:13, failure to abide by license restrictions;
(6) RSA 263:92, operating a motor vehicle with the
improper class of license;
(7) RSA 263:30, operating without a motorcycle license;
(8) RSA 265:3, obedience required to a police
officer; or
(9) RSA 265:102, littering;
(c)
Three demerit points for a conviction of violating:
(1) RSA 265:9, disobedience to any required
traffic control device;
(2) RSA 265:21, limitations on driving to left of
center of roadway;
(3) RSA 265:23, one-way roadways and roadways and
rotary traffic islands;
(4) RSA 265:24, driving on roadways laned for traffic;
(5) RSA 265:25, following too closely;
(6) RSA 265:26, driving on divided ways;
(7) RSA 265:26-a, driving on a sidewalk;
(8) RSA 265:28, failure to yield the right of way;
(9) RSA 265:29, vehicle turning left;
(10) RSA 265:30, failure to obey yield sign;
(11) RSA 265:31, failure to obey stop and yield signs;
(12) RSA 265:32, vehicle entering way from private
road or driveway;
(13) RSA 265:33, failure to yield to authorized
emergency vehicles;
(14) RSA 265:37 or RSA 265:41, failure to use due care;
(15) RSA 265:45, failure to signal turn;
(16) RSA 265:48-51, improper conduct at a railroad
crossing;
(17) RSA 265:60-67, speeding when the conviction is
for speeding under 25 miles per hour above the posted speed limit;
(18) RSA 261:75 or RSA 261:77, misuse of plates;
(19) RSA 265:94, illegal backing;
(20) RSA 265:95, obstruction of driver's view;
(21) RSA 265:96, opening and closing vehicle doors
improperly;
(22) RSA 265:99, coasting;
(23) RSA 265:100, following fire apparatus too closely;
(24) RSA 265:106, carrying passengers in truck not
so designed;
(25) RSA 261:75 or RSA 261:77, misuse of plates;
(26) RSA 265:109, failure to display lights;
(27) RSA 261:176, misuse or failure to display plates;
(28) RSA 262:40-c, abandoned vehicles; or
(29) RSA 263:14, Youth Operator;
(d)
Four demerit points for a conviction of violating:
(1) RSA 263:1, license required;
(2) RSA 265:16, failure to drive on the right hand side of the road;
(3) RSA 265:18, RSA 265:19 or RSA 265:20,
improper passing;
(4) RSA 265:22, yellow line violation;
(5) RSA 265:60 - 67, speeding, when the
conviction is for speeding of 25 miles per hour or more above the posted speed limit;
(6) RSA 263:63, driving without giving proof of
financial responsibility; or
(7) RSA 265:79-b, negligent driving;
(e)
Six demerit points for a conviction of violating:
(1) RSA 261:61, improper use of registration;
(2) RSA 262:3, false report of theft;
(3) RSA 262:7 or RSA 262:10, changed or removed vehicle
identification;
(4) RSA 630:3, negligent homicide, resulting from
the operation of a motor vehicle;
(5) RSA 630:2, manslaughter resulting from the
operation of a motor vehicle;
(6) RSA 262:8, concealing identity of vehicle
(7) RSA 262:13, possession of master keys;
(8) RSA 262:23, driving after suspension;
(9) RSA 263:12, prohibited activities relative to
license or nondriver identification card;
(10) RSA 262:16, inspection sticker or
registration decal modified or forged;
(11) RSA 265:54, school bus violation;
(12) RSA 262:1, alteration of title;
(13) RSA 262:12, taking without owner's consent;
(14) RSA 262:17, odometer tampering;
(15) RSA 263:57-a, lending an operator's license
to an underage person to purchase an alcoholic beverage;
(16) RSA 263:64, driving after revocation or suspension;
(17) RSA 264:25, conduct after an accident;
(18) RSA 265:4, disobeying a police
officer;
(19) RSA 265:75, racing;
(20) RSA 265:79, reckless driving;
(21) RSA 265-A:43, driving a motor vehicle while
in possession of drugs;
(22) RSA 265-A:2, driving while under the
influence of drugs or liquor;
(23) RSA 265-A:3, aggravated driving while intoxicated;
or
(24) RSA 265:79-a, vehicular assault.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 211.03); amd
by #7564, eff 9-27-01; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; amd
by #9724, eff 6-15-10; ss by #10395-B, eff 8-15-13
Saf-C
212.04 Notice and Hearing.
(a)
The department shall send notice by first class mail or hand deliver to
the licensee an order that the licensee appear before the department to
determine why that person's license or operating privileges should not be
suspended for the period specified.
(b)
If, after a hearing, the commissioner determines that the licensee has a sufficient number of points to warrant a suspension for
the period specified in Saf-C 212.02, the commissioner
shall suspend that license for the period specified and shall further require
proof of financial responsibility when said suspension period specified is 6 or
more months.
(c)
Nothing contained herein shall prohibit the commissioner or director
from requiring proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.
(d)
Demerit point hearings shall not be scheduled for individuals who
qualify under section Saf-C 204.04 above unless:
(1) The individual has 3 or more offenses; or
(2) The total demerit points qualify the
individual for a suspension of 6 months or longer.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 211.04); amd
by #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
212.05 Warning Notice.
(a)
The department shall, absent any computer failure, mail warning letters
through first class
(b)
Notwithstanding (a) above, failure of a person to receive such a letter
shall not prohibit further action against the person's license.
Source. #6337, eff 9-25-96 (from Saf-C
211.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
212.06 Reduction of Points.
(a)
Any person who has accumulated at least 3 points under the provisions of
these rules shall, only for suspension purposes pursuant to Saf-C
212.02, have the most recent point assessment total reduced by 3 points if s/he
can prove to the division s/he has successfully completed a driver improvement
course which meets the requirements established under Saf-C
212.07 or s/he has successfully completed a driver attitude course which meets
the requirements established under Saf-C 212.08.
(b)
An original completion certificate shall constitute proof of successful
completion of a driver improvement or driver attitude course.
(c)
To be eligible for the point reduction, the course shall have been completed
within the period for which the points are being assessed provided however,
that such reductions shall be applied retroactively but shall not be applied
prospectively.
(d)
No person shall have his point total reduced by more than 3 points during
any 3 complete consecutive calendar year period.
(e)
Such a point total reduction shall not be reflected on the person’s motor
vehicle record so that total points are accurately reported as prescribed in Saf-C 212.02.
Source. #6337, eff 9-25-96 (formerly Saf-C 211.06); ss by #7349, eff 8-22-00; ss by #8230-B, eff
12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
212.07 Driver Improvement Course.
(a)
To be eligible for the point reduction described in Saf-C
212.06, a person shall successfully complete a
(b)
To be eligible for approval, a program shall:
(1) Be administered and conducted by:
a. A chartered and accredited chapter of the
National Safety Council or an accredited public training agency certified and
approved by the National Safety Council;
b. Accredited American Automobile Association or
Automobile Legal Association Motor Clubs or their agents;
c. American Association of Retired Persons; or
d. Commercial motor vehicle driver schools
licensed under RSA 263:44;
(2) Contain a minimum of 6 hours of instruction;
(3) Incorporate audio-visual aids, providing that
films, filmstrips, or video recordings shall not exceed 50 percent of the
presentation time, including but not limited to:
a. Films;
b. Blackboards;
c. Magnetic boards;
d. Flip charts; and
e. Slides when appropriate;
(4) Provide an instructor preparation course to
ensure competency in delivering the course;
(5) Provide each instructor with an instructor's
manual and each student with a student's workbook or manual, when necessary, to
follow and participate in the course;
(6) Provide a copy of a completion certificate
designed for and capable of preventing fraud and forgery, and which verifies
course completion;
(7) Establish and maintain a record system
compatible with the department's requirements for entry of completed certificates;
(8) Provide for the maintenance of records for a
period of 5 years;
(9) Make the records available for inspection by
an agent of the commissioner during normal business hours;
(10) Establish appropriate lines of communication
with the department in order to provide efficient administration of the course;
(11) Provide and maintain a full-time operational
office in
(12) Charge a fee of not more than $50.00 per
person.
(c)
For the purposes of (b)(2) above, the minimum 6 hours of instruction
shall:
(1) Consist of at least 4 hours of classroom
instruction in those instances where behind-the-wheel training is utilized; and
(2) Address the following subject areas:
a. The concept of accident preventability
including a discussion of the magnitude of traffic accident problems;
b. Defensive driving techniques;
c. Alcohol and drug use as an accident factor;
d. The risk factors involved in driver attitude
and behavior such as speeding, reckless driving, and improper lane use; and
e. Traffic laws in
(d)
Any person wishing to establish an approved driver improvement program
shall submit to the commissioner an application containing the following
information:
(1) The name, address and telephone number of the
organization and any affiliations or licenses necessary to satisfy (b)(1) above;
(2) A complete description of the program as
outlined in (b) above;
(3) A list of all instructors who shall be
teaching as part of the program, including their:
a. Names;
b. Dates of birth;
c. Addresses;
d. Educational background; and
e. Work experience; and
(4) A complete description of the record system
that the program will use to satisfy (b)(8) and (b)(9) above.
(e)
An agent of the commissioner shall observe any course approved under
this section if the agent needs to determine compliance with paragraph (b)
above.
(f)
The commissioner shall, after a hearing, revoke approval for any course
which does not follow the requirements of paragraph (b) above.
Source. #6337, eff 9-25-96 (formerly Saf-C 211.07); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
212.08 Driver Attitude Program.
(a)
Except as provided herein, the commissioner shall require proof of
successful completion of the
(1) Been ordered to complete the driver attitude
program by a justice of the district court;
(2) Been ordered, after an administrative hearing
before the department concerning his driving record, to complete a driver
attitude program; or
(3) Had his license revoked pursuant to RSA
262:18-26.
Source. #6337, eff 9-25-96 (formerly Saf-C 211.08); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 212.09 Waiver.
(a)
Pursuant to RSA 263:56-e, II, the commissioner shall waive the
provisions of Saf-C 212.08, upon written request of
the person if the request demonstrates:
(1) That no programs are offered within a 30 mile radius of the person's residence;
(2) That no programs are offered during the
period of time between the order to attend the program and the date from which
the person is eligible for license restoration;
(3) The person has completed a driver improvement
course within 30 days of having been required to attend the driver attitude program; or
(4) Any other similar extenuating circumstances exist
that the commissioner deems appropriate for waiver.
Source. #6337, eff 9-25-96 (formerly Saf-C 211.09); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C 212.10 Approval of Driver Attitude Program.
(a) To be eligible for approval, a driver
attitude program shall:
(1) Follow a course format that contains a
minimum of 6 hours and a maximum of 8 hours of instruction which shall include
the following subject areas:
a. State and local traffic laws and regulations;
b. Driver behavior self-assessment;
c. Selecting and planning effective driving
behavior; and
d. Emphasis on
acceptance of individual responsibility for driving related choices and outcomes;
(2) Incorporate audio-visual aids provided that films, filmstrips or video recordings shall
not exceed 50 percent of the presentation time, including but not limited to:
a. Films;
b. Blackboards;
c. Flip charts; and
d. Slides;
(3) Provide an instructor preparation course to
ensure competency in delivering the course;
(4) Provide each instructor with an instructor manual
and each student with a workbook or manual, when necessary, to follow and
participate in the course;
(5) Provide a copy of a completion certificate
designed for and capable of preventing fraud and forgery and which verifies
course completion;
(6) Establish and maintain a record system compatible
with the department's requirements for entry of completed certificate;
(7) Provide for the maintenance of records for a
period of 5 years and the records shall be made available for inspection by an
agent of the commissioner during established business hours;
(8) Establish appropriate lines of communication
with the department in order to provide efficient administration of the course;
(9) Provide and maintain a full-time operational
office in
(10) Establish location(s) for the courses
throughout the state;
(11) Have a permanently established administrative
office in
(12) Charge a fee of not more than $75.00 per person.
(b) An agent of the commissioner shall observe any
course approved under this section if the agent needs to determine compliance
with (a).
(c) The commissioner shall, after a hearing,
revoke approval for any course which does not follow the requirements of paragraph
(a).
Source. #6337, eff 9-25-96
(formerly Saf-C 211.10); ss by
#8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss
by #9031, eff 11-19-07
Saf-C 212.11 Application for Approval of Driver Attitude
Program.
(a)
Any person wishing to establish an approved driver attitude program
shall submit to the commissioner an application containing the following
information:
(1) The name, address and telephone number of the
organization and any affiliation or license necessary to satisfy Saf-C 212.10;
(2)
A complete description of the program as
outlined in Saf-C 212.10(a);
(3) A list of all instructors who shall be
teaching as part of the program, including their names, dates of birth,
addresses, educational background, and work experience; and
(4) A complete description of the record system
that the program will use to satisfy Saf-C
212.10(a)(7).
Source. #6337, eff 9-25-96 (formerly Saf-C 211.11); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 213
SUSPENSION FOR IN-STATE RESIDENT'S DEFAULT OR FAILURE TO PAY A FINE
Saf-C
213.01 Suspension Process. The director shall notify the person at the
person’s last known address that his or her license/operating privileges shall
be suspended 30 days subsequent to the date notice
issued after finding and notification as applicable, that one or more of the
following occurred:
(a)
Failure of the individual to appear at a scheduled court proceeding or
administrative hearing on a charge or conviction or notice to appear for any
reason which results in a default;
(b)
Failure of the individual to pay a fine or penalty imposed by a court or
the director, for any offense;
(c)
The individual paid a fine or penalty with a bad check; or
(d)
Failure of the individual to comply with an order within the
jurisdiction of and made by the court or the director, that results in a
default.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337,
eff 9-25-96 (from Saf-C 212.01); ss by #8174,
INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by
#10395-B, eff 8-15-13
Saf-C
213.02 Summons from Law Enforcement
Officer.
(a)
Pursuant to RSA 263:56-a, I(d), if the person fails to comply with the
conditions outlined on the summons, upon notification by the court, the
director shall issue an order of suspension effective 30 days subsequent to the date notice issued.
(b)
If a summons is not received in hand from the law enforcement officer,
the director shall notify the person, by certified mail at his last known
address, that his driving privilege shall be suspended 30 days from the date of
notification.
Source. #4451, eff 6-24-88; ss by #4844, eff 6-20-90;
amd by #5688, eff 8-20-93; amd
by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96
(from Saf-C 212.02); ss by #8174, INTERIM, eff 9-25-04,
EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
213.03 Court's Role in Suspension
Process.
(a)
Pursuant to RSA 263:56-a, II, all courts shall notify the commissioner
or director of defaults, unpaid fines, or non-compliance.
(b)
Suspensions shall be for an indefinite period with the files marked
accordingly.
Source. #6337, eff 9-25-96 (from Saf-C
212.03); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04;
ss by #10395-B, eff 8-15-13
Saf-C
213.04 Restoration Process.
(a)
Reinstatement shall be affected upon:
(1) Payment of the restoration fee prescribed by
RSA 263:56-a, III(a);
(2) Receipt from the court of evidence that the
defendant has cleared all problems related to the suspension; and
(3)
Completion of a record review by an
agent of the commissioner to ensure there are no other suspensions or
revocations in effect.
(b)
Pursuant to RSA 263:56-a, III(b), in the event the default, unpaid fine
or non-compliance is cleared prior to the suspension effective date, the court
shall immediately notify the department and the director shall forthwith
rescind the order of suspension and update the file by deleting the evidence of
the default, unpaid fine or non-compliance and record the disposition of the
court.
Source. #6337, eff 9-25-96 (from Saf-C
212.04); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04;
ss by #10395-B, eff 8-15-13
PART
Saf-C 214
SUSPENSIONS UNDER THE PROVISIONS OF THE NON-RESIDENT VIOLATOR COMPACT
Saf-C
214.01 Suspension Process.
(a)
Upon receipt of evidence that a New Hampshire resident has defaulted a
scheduled court appearance or failed to pay a fine in a member jurisdiction of
the non-resident violator compact, the defendant shall be notified by first
class mail, at his address of record, of the department's intent to suspend his
driver's license and operating privilege 60 days from the date of notice. The suspension shall be for an indefinite
period and the files shall be marked accordingly.
(b)
Pursuant to RSA 262:27, III, upon receipt of evidence that a
non-resident has defaulted a scheduled court appearance or failed to pay a fine
in a member jurisdiction of the non-resident violator compact, the court shall
notify the commissioner of the default or unpaid fine.
(c)
The commissioner shall:
(1) Note this on the defendant's record;
(2) Suspend the operating privileges 30 days but
in the event of default/unpaid fine by an individual licensed in a foreign
country this 30 days shall be extended to 60 days,
subsequent to notice sent date; and
(3) Notify the defendant's motor vehicle department
and request a suspension of his license and operating privileges until the
court is satisfied that the default has been cleared and/or the fine paid in
full.
(d)
The following summonses shall not be covered under the non-resident violator
compact:
(1) Offenses which mandate personal appearances;
(2) Moving traffic violations which carry a
suspension or revocation;
(3) Size and weight violations;
(4) Parking violations; and
(5) Transportation of hazardous material
violations.
Source. #4844, eff 6-20-90; ss by #6249, INTERIM, eff
6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 213.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
214.02 Suspension
Restoration/Cancellation Process.
(a)
When the court is satisfied that all required fines and assessments have
been paid, a suspension cancellation notice shall be mailed immediately to the
defendant. The defendant shall be
responsible for notifying his motor vehicle department and providing them with
the cancellation notice.
(b)
If a suspension took effect under the provisions of Saf-C
214.01 (a) and the suspension exceeds 15 days, in addition to the suspension
cancellation notice, the defendant shall provide the division with the
restoration fee prescribed in RSA 263:42, V.
(c)
If action took effect under the provisions of Saf-C
214.01(b), the court shall send an abstract of conviction to the division. The division shall clear the default and
update the record to reflect the conviction and restore operating privileges
provided the restoration fee prescribed in RSA 263:42,V has been paid and
further provided there are no other suspensions or revocations in effect.
Source. #6337, eff 9-25-96 (from Saf-C
213.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 215
REVOCATION OF MINOR'S LICENSE/OPERATING PRIVILEGES PURSUANT TO RSA
263:56-b.
Saf-C
215.01 Revocation of Minor's
License/Operating Privileges.
(a)
Upon receipt of an abstract of conviction pursuant to RSA 263:56-b,I or
III, the director or financial responsibility administrator shall cause the
conviction to be posted to the individual’s driver report categorized as
"other". The director or
financial responsibility administrator shall ensure that the record is sealed
and labeled accordingly.
(b)
The director or financial responsibility administrator shall immediately
forward the sealed file to the administrator of bureau of hearings.
(c)
The bureau of hearings shall notify the individual to appear for a
hearing, in accordance with the provisions of Saf-C
203.02 and Saf-C 203.03.
(d)
The scope of the hearing shall be limited to the following:
(1) Whether the offense is related to alcohol or drugs;
(2) Whether on the date of the violation, the
offender was under 21 years of age; and
(3) Whether the individual was convicted, or found
by the court to be delinquent pursuant to RSA 169-B or be in need of services
pursuant to RSA 169-D, for an offense that involved the sale, possession, use
or abuse of alcohol or controlled drug(s) as defined in RSA 318-B:1, VI or of a
controlled drug analog as defined in RSA 318-B:1, VI-a.
(e)
Provided the presiding hearings examiner concludes in the affirmative to
(d) above, the penalties prescribed in RSA 263:56-b, II or III, shall apply.
(f)
In cases of denial of applications for licenses, the period imposed
shall begin on the date of the hearing provided the person is then eligible by
age for the issuance of a license. Otherwise the
denial shall be imposed effective on the individual’s 16th birthday.
Source. #6337, eff 9-25-96 (from Saf-C
214.01); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B,
eff 12-17-04; ss by #10395-B, eff 8-15-13
PART
Saf-C 216 HEARINGS
TO CONTEST VEHICLE REMOVAL
Saf-C
216.01 Scope. This part allows an individual, whose vehicle
has been removed from its location and stored at another by an authorized
official, to request a hearing to contest the removal.
Source. #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
216.02 Definition.
(a)
“Authorized official” means any police employee of the division of state
police, division of motor vehicles, or authorized employee of the department.
Source. #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
216.03 Form of Request for Hearing.
(a)
Each request for a hearing shall be in writing and contain the following
information:
(1) Name, address and telephone number of person
requesting the hearing;
(2) Make and registration of vehicle in question;
(3) Date and time vehicle was removed from its location;
(4) Location of vehicle after removal;
(5) Name of authorized officer involved, if
known; and
(6) Reason for contesting the removal.
(b)
All requests for hearings shall be addressed to:
Commissioner
Department
of Safety
Source. #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
Saf-C
216.04 Time of Request. All requests for hearing shall be received
within 15 days of the towing and impoundment.
Source. #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13
PART Saf-C 217 ELECTRONIC
TOLL COLLECTION HEARINGS – Moved to Saf-C 522
Saf-C 217.01
– 217.10
Source. #8544, eff 1-20-06; ss by #9372, INTERIM, eff
1-26-09, EXPIRES: 7-27-09; ss by #9487, eff 6-23-09, EXPIRED: 6-23-17
PART
Saf-C 218
HEARINGS TO CONTEST COMPLIANCE WITH REGISTRATION OF CRIMINAL OFFENDERS
Saf-C 218.01 Suspension for Non-Compliance with Registration
of Criminal Offenders.
Source. #9724, eff 6-15-10; renumbered by
#12517 (see Saf-C 5506.031)
PART Saf-C 219 RULEMAKING
PETITIONS
Saf-C 219.01 Petition.
(a)
Petitions for rulemaking shall be in writing;
(b)
The petitioner shall include a cover letter stating the reasons the rule
is being proposed;
(c)
The petitioner shall include his/her name, address and phone number;
(d)
Petitions shall be sent:
Commissioner
Department of
Safety
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
217.01, renumbered by #8544); (formerly Saf-C 218.01,
renumbered by #9724)
Saf-C 219.02 Disposition of Petitions for Rulemaking.
(a)
The commissioner shall request additional information from the
petitioner or from others if such additional information is required to reach a
decision.
(b)
The commissioner shall deny the petition for rulemaking when the
adoption, amendment or repeal of such rule is contrary to public safety or
public interest, such as but not limited to:
(1) A rule which is not within the rulemaking
authority of the commissioner;
(2) Duplication of a rule or a statutory provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the commissioner; or
(4) Inconsistency of administrative rules one
with another.
(c)
Within 30 days of receipt of a sufficient petition, the commissioner
shall dispose of it by notifying the petitioner:
(1) That the petition is granted and beginning
rulemaking proceedings as required by RSA 541-A:4; or
(2) In writing that the petition is denied and
the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
217.02, renumbered by #8544); (formerly Saf-C 218.02,
renumbered by #9724)
Saf-C 220.01 Scope.
This part shall apply to rulemaking hearings required pursuant to RSA
541-A:11.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.01, renumbered by #8544); (formerly Saf-C 219.01,
renumbered by #9724)
Saf-C 220.02 Notice. The board shall cause to be published in the
New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking
hearing pursuant to RSA 541-A:6.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.02, renumbered by #8544); (formerly Saf-C 219.02,
renumbered by #9724)
Saf-C 220.03 Presiding Officer.
(a)
The hearing shall be presided over by the commissioner or his or her
designee.
(b) The commissioner or designee shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Recognize those who wish to be heard;
(4) Maintain order during the hearing; and
(5) Adjourn the hearing.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.03, renumbered by #8544); (formerly Saf-C 219.03,
renumbered by #9724)
Saf-C 220.04 Order of the Hearing.
(a)
Any individual who wishes to testify at the hearing shall provide his or
her full name on a speakers list furnished by the board.
(b)
Individuals shall be called to testify in the order in which they signed
up.
(c) Before adjourning the public hearing and after
all individuals who signed up have been heard, the commissioner or designee
shall call for any new testimony from any new speaker.
(d)
When the commissioner or designee has determined that no other individual
wishes to testify, he or she shall close the public hearing.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.04, renumbered by #8544); (formerly Saf-C 219.04,
renumbered by #9724)
Saf-C 220.05 Postponement and Continuations.
(a)
The commissioner or designee shall postpone a hearing to a later date, time or place in the event of:
(1) Inclement weather; or
(2) A determination that postponement of the
hearing shall facilitate greater participation by the public.
(b)
The commissioner or designee shall continue a hearing to a later date, time or place in the event that the time allotted is not
sufficient to give each individual who wishes to testify an opportunity to do
so.
(c)
Notice of a postponement or continuation of a public hearing or written
comment period shall be provided pursuant to RSA 541-A:11, III.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.05, renumbered by #8544); (formerly Saf-C 219.05,
renumbered by #9724)
Saf-C 220.06 Written Comments. Individuals may submit written comments to the
commissioner or designee on proposed rulemaking actions any time from the time
notice has been published until the end of the written comment period as set
forth in the notice of rulemaking.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.06, renumbered by #8544); (formerly Saf-C 219.06,
renumbered by #9724)
Saf-C 220.07 Transcripts or Copies of Tapes.
(a)
All hearings shall be tape-recorded.
(b)
A copy of the tape may be requested by submitting a written request to:
Department of
Safety
(c)
Pursuant to RSA 91-A:4, persons requesting a copy of the tape recording
shall pay the actual cost of duplication.
(d)
Recordings of proceedings shall be preserved for no less than 75 days
from the conclusion of the hearing date.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
218.07, renumbered by #8544); (formerly Saf-C 219.07,
renumbered by #9724)
PART
Saf-C 221 REQUEST
FOR STATEMENT EXPLAINING RULE
Saf-C
221.01 Request for Rule Explanation.
(a)
Within 30 days after the adoption of a rule, any interested person may
request the board to issue a statement explaining the following:
(1) The principle
reason(s) for and against the adoption of a rule in its final form; or
(2) Reasons why the board overruled arguments and
considerations relative to the rule.
(b) Rule explanation requests shall be received
and disposed of in the following manner:
(1) Requests shall be submitted at:
Department
of Safety
(2) When a request for rule explanation has been
received by the board, the board shall issue a statement responsive to the
request within 60 days. The statement shall provide the information required by
(a) above.
Source. #8230-B,
eff 12-17-04 (formerly Saf-C 219.01, renumbered by
#8544); (formerly Saf-C 220.01, renumbered by #9724);
ss by #10395-A, eff 8-15-13
PART
Saf-C 222
DECLARATORY RULING
Saf-C 222.01 Submitting Request for Declaratory Ruling.
(a)
Individuals petitioning for a declaratory ruling, as defined by RSA
541-A:1, V, shall submit the following information to the commissioner in
writing:
(1) The specific statute, rule, or order whose
applicability is being questioned;
(2) The interest of the petitioner;
(3) The activity in question; and
(4) The name, address
and phone number of the petitioner.
(b)
Any petition which does not contain the information in (a) above shall
be inadequate.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
220.01, renumbered by #8544); (formerly Saf-C 221.01,
renumbered by #9724)
Saf-C 222.02 Disposition of Petition.
(a)
The commissioner shall act on the petition as follows:
(1) Issue a written declaratory ruling within 30
days of the meeting at which the petition was considered;
(2) Reject the declaratory ruling petition if it
is inadequate or beyond the scope of the commissioner’s statutory authority; or
(3) Refer the petition to the department of
justice when the commissioner requires legal guidance. In such cases the commissioner shall render a
decision to the petition within 120 days of receiving the petition.
Source. #8230-A,
eff 12-17-04 (formerly Saf-C
220.02, renumbered by #8544); (formerly Saf-C 221.02,
renumbered by #9724)
APPENDIX
Rule
Number
|
Statute Implemented
|
Saf-C 201 |
RSA
541-A:7 |
Saf-C 202 |
RSA
541-A:7 |
Saf-C 203.01 – 203.03 |
RSA
541-A:30-a, III(a) |
Saf-C 203.04 |
RSA
541-A:31, III |
Saf-C 203.05 |
RSA
541-A:16, I(b)(2) & RSA 541-A:30-a, III |
Saf-C 203.06 |
RSA
541-A:16, I(b)(2) & RSA 541-A:30-a, III (h) |
Saf-C 203.07 & 203.08 |
RSA
541-A:16, I(b)(2), RSA 541-A:30-a, III & RSA
541-A:30-a, III(k) |
Saf-C 203.09 |
RSA
541-A:30-a, III |
Saf-C 203.10 |
RSA
91-A:2 |
Saf-C 203.11 – 203.12 |
RSA
541-A:30-a, III |
Saf-C 203.13 & 203.14 |
RSA
541-A:30-a, III & RSA 541-A:31, VII |
Saf-C 203.14(a), (c) – (d) |
RSA
91-A:4, IV & RSA 541-A:30-a,III |
Saf-C 203.14(b)(1), (3)-(9) |
RSA
91-A:4, IV |
Saf-C 203.14(b)(2) |
RSA
260:15, II |
Saf-C 203.15 – 203.16 |
RSA
541-A:30-a, III |
Saf-C 203.17 |
RSA
541-A:30-a, III & RSA 541-A:33, I |
Saf-C 203.18 |
RSA
541-A:30-a, III(a) |
Saf-C 203.19 |
RSA
541-A:30-a, III & RSA 541-A:33, II |
Saf-C 203.20 |
RSA
541-A:30-a, III |
Saf-C 203.21 |
RSA
541-A:30-a, III(d) & RSA 541-A:35 |
Saf-C 203.22 |
RSA
541-A:30-a, III (b) |
Saf-C 203.23 |
RSA
541-A:30-a, III (i) |
Saf-C 203.24 |
RSA
541-A:33, V |
Saf-C 203.25 |
RSA
541-A:30-a, III |
Saf-C 203.26 |
RSA
541-A:30-a, III & RSA 541-A:31, III |
Saf-C 203.27 |
RSA
541-A:7 |
Saf-C 203.28 - 203.37 |
RSA
541-A:30-a |
Saf-C 204.01 |
RSA 263:47 |
Saf-C 204.02(a)
& (c) |
RSA 541-A:7 |
Saf-C 204.02(b) |
RSA 263:56, I(d) |
Saf-C 204.02(d)
& (e) |
RSA 541-A:7 |
Saf-C 204.02(f) –
(m) |
RSA 263:56, I(d) |
Saf-C 204.03(a) |
RSA 263:14 |
Saf-C 204.03(b) |
RSA 263:14 and
RSA 264:2 |
Saf-C 204.03(c) |
RSA 263:14-a |
Saf-C 204.03(d) |
RSA 263:14-a, I(b) |
Saf-C 204.03(e),
(g)-(i) & (k) |
RSA 265-A:35, II |
Saf-C 204.03(f) |
RSA 265-A:35,
III |
Saf-C 204.03(j) |
RSA 263:47 |
Saf-C 204.03(l) |
RSA 265-A:35, II |
Saf-C 204.04 |
RSA 263:14 |
Saf-C 204.05 |
RSA 263:17 |
Saf-C 204.06 |
RSA 263:55 |
Saf-C 204.07 |
RSA 263:77,
Article IV (a) |
Saf-C 204.08 |
RSA 263:57 |
Saf-C 204.09 |
RSA 263:61 |
Saf-C 204.10 |
RSA 265-A:45, I |
Saf-C 204.11(a) |
RSA 541-A:7 |
Saf-C 204.11(b)-(k) |
RSA 265-A:25, IV |
Saf-C 204.12 |
RSA 263:94 |
Saf-C 204.13 |
RSA 263:59 |
Saf-C 204.14 |
RSA 541-A:30-a,
III & 263:59 |
Saf-C 204.15 |
RSA 263:12 &
263:47 |
Saf-C 204.16 |
RSA 263:64 |
Saf-C 204.17 |
RSA 263:64-a
& RSA 261:180 |
Saf-C 204.18(a) |
RSA 541-A:7 |
Saf-C 204.18(b)-(c) |
RSA 260:16 &
RSA 265-A:18 |
Saf-C 204.19 |
RSA 261:178 |
Saf-C 204.20 |
RSA 263:65-a, II |
Saf-C 205.01(a) |
RSA 541-A:30-a,
III |
Saf-C 205.01(b) |
RSA 263:42, V |
Saf-C 205.01(c) |
RSA 265-A:22 |
Saf-C 205.01(d) |
RSA 263:56-a, IV
& RSA 541-A:30-a,III |
Saf-C 205.02 |
RSA 265:79 &
RSA 541-A:30-a, III |
Saf-C 205.03 |
RSA 263:56, I(d) |
Saf-C 205.04 |
RSA 263:65-a
& RSA 263:42, V |
Saf-C 205.05 |
RSA 263:67 |
Saf-C 205.06 |
RSA 265-A:30,
RSA 265-A:14 and RSA 541-A:30-a, III |
Saf-C 205.07(a) |
RSA 263:46 and
RSA 263:56 |
Saf-C 205.07(b) |
RSA 265-A:14 |
Saf-C 205.08 |
RSA 263:56, I(d)
& III(b) |
Saf-C 206.01 &
206.02 |
RSA 262:19 |
Saf-C 206.03 |
RSA 541-A:30-a,
III(d) |
Saf-C 206.04 |
RSA 262:19, III |
Saf-C 206.05 |
RSA 262:19 |
Saf-C 206.06 |
RSA 262:19 |
Saf-C 206.07 |
RSA 262:24 |
Saf-C 207.01 |
RSA 264:4 &
264:21 |
Saf-C 207.02-207.05 |
RSA 264:2, I |
Saf-C 207.06 |
RSA 264:21 |
Saf-C 207.07 |
RSA 262:19 |
Saf-C 207.08 |
RSA 264:2 &
264:3 |
Saf-C 207.09 |
RsA 264:21, I |
Saf-C 207.10 |
RSA 264:2 &
264:3 & RSA 541-A:31, III |
Saf-C 207.11 |
RSA 264:2 &
264:3 |
Saf-C 207.12 |
RSA 264:7, II |
Saf-C 208.01(a) |
RSA 264:26 |
Saf-C 208.01(b) |
RSA 541-A:16,
I(b) |
Saf-C 208.02(a) |
RSA 264:25 |
Saf-C 208.02(b) |
RSA 541-A:16,
I(b) |
Saf-C 208.03 &
208.04 |
RSA 264:1 &
264:25 |
Saf-C 208.05 |
RSA 264:3 |
Saf-C 208.06 |
RSA 264:4 &
264:20 |
Saf-C 208.07 |
RSA 264:1, 264:4
& 264:20 |
Saf-C 208.08(a) and
(c) |
RSA 264:1 |
Saf-C 208.08(b) |
RSA 541-A:31,
III |
Saf-C 208.09 |
RSA 264:7 |
Saf-C 208.10 |
RSA 264:8 and
RSA 264:11 |
Saf-C 208.11 |
RSA 264:12 |
Saf-C 208.12 |
RSA 264:11 |
Saf-C 209.01 -
209.06 |
RSA 264:26 &
RSA 263:56, III |
Saf-C 210 |
RSA 263:56 &
263:59 |
Saf-C 211 |
RSA 6:11-a |
Saf-C 212.01-212.07 |
RSA 263:56, II |
Saf-C 212.08 |
RSA 263:56-e |
Saf-C 212.09 |
RSA 263:56-e, II |
Saf-C 212.10 |
RSA
263:56-c, III |
Saf-C 212.10(a) and (b) |
RSA
263:56-e, III |
Saf-C 212.10(c) |
RSA
541-A:30 |
Saf-C 212.11 |
RSA 263:56-c,
III |
Saf-C 213 |
RSA 263:56-a |
Saf-C 214 |
RSA 262:27 |
Saf-C 215 |
RSA 263:56-b, I |
Saf-C 216.01 |
RSA 262:33 |
Saf-C 216.02 |
RSA 541-A:7 |
Saf-C 216.03 &
216.04 |
RSA 262:33 |
Saf-C 218 |
RSA
263:56-a, I(e) |
Saf-C 219 |
RSA
541-A:16, I(c) |
Saf-C 220 |
RSA
541-A:16, I(b)(3) |
Saf-C 221 |
RSA
541-A:11, VII |
Saf-C 222 |
RSA
541-A:16, I(d) |