CHAPTER
Saf-C 4100 CERTIFICATION FOR ADDITIONAL TRUCK
WEIGHTS
Statutory
Authority: RSA 266:18-d, VI
PART Saf-C 4101 DEFINITIONS
Saf-C 4101.01 "Commissioner"
means “commissioner” as defined in RSA 259:13.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C 4101.02 "Department"
means “department” as defined in RSA 259:19.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
eff EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C
4101.03 "Final-stage manufacturer" means a person who performs such
manufacturing operations on a vehicle that it requires no further manufacturing
operations to perform its intended function, other than the addition of readily
attachable components, such as mirrors or tire and rim assemblies, or minor
finishing operations such as painting.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C 4101.04 “Law enforcement officer” means a law
enforcement employee of the department pursuant to RSA 266:1 and RSA 266:1-a.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C 4101.05 "Tractor"
means "tractor" as defined in RSA 259:108.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C 4101.06 "Trailer"
means "trailer" as defined in RSA 259:113.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
Saf-C
4101.07 "Vehicle" means a
power unit or tractor as defined in RSA 259:108 or a single unit vehicle as
defined in RSA 259:100-a.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New.
#5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED:
2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190, eff 9-22-16
PART
SAF-C 4102
CERTIFICATION PROCESS
Saf-C 4102.01 Application
for Certification for Additional Truck Weights.
(a)
An owner or lessee of a vehicle shall be eligible for an additional
registration which authorizes the driving of a vehicle in accordance with the
limits established by RSA 266:18, Table III and RSA 266:18-b.
(b)
Each applicant for certification for additional truck weights shall
submit form RDMV 105 to the department, along with the appropriate fee set
forth in RSA 266:18-d, II.
(c)
Each applicant shall furnish the following on form RDMV 105:
(1) Name and address of owner or lessee;
(2) Date of birth of owner or lessee;
(3) Plate number, plate type and date of
expiration;
(4) Name and address of manufacturer of the
vehicle;
(5) Year of manufacture;
(6) Make;
(7) Model name or number;
(8) Vehicle identification number;
(9) Body style;
(10) Number of axles;
(11) Registered gross weight of vehicle;
(12) Total registration weight sought for the
vehicle; and
(13) Certification by the applicant that the:
a. Information contained on
the form is correct;
b. Vehicle has not been altered in a way
that would reduce the gross vehicle weight rating; and
c. Chassis, axles, tires, rims, brakes,
steering components and suspension systems are maintained in good working
order;
(14) Certification from the final stage
manufacturer, subject to the penalties of unsworn falsification pursuant to RSA
641:3, that the vehicle has a specified maximum gross weight or axle weight
capacity at the time of manufacture as determined by the components and the
summation of the manufacturer's axle design limits for each axle of the
vehicle, including the specific gross vehicle weight rating and weight limits
for each axle;
(15) Printed name, signature and title of final
stage manufacturer or representative;
(16) Date of signature of final stage
manufacturer;
(17) Certification from the owner or lessee,
subject to the penalties of unsworn falsification pursuant to RSA 641:3, as
follows: “I hereby certify that the information contained on this form is
correct, that the vehicle has not been altered in a way that would reduce the
gross vehicle weight rating and that the chassis, axles, tires, rims, brakes,
steering components and suspension systems are maintained in good working
order. The power unit and trailer shall be required at all times to have a
current inspection sticker or decal from an official inspection station. If a
vehicle is declared out of service for a safety violation or is issued a
citation for an axle distance violation, the certification shall be inoperative
until the condition has been rectified.”; and
(18) Signature of owner or lessee.
Source. #4193, eff 12-30-86, EXPIRED 12-30-92
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
New. #11190,e ff 9-22-16
Saf-C 4102.02 Issuance
of Certification for Additional Truck Weights.
(a)
A vehicle which meets the requirements of Saf-C
4102.01 shall be eligible for certification to carry additional truck weights
as provided in RSA 266:18-b.
(b)
Each applicant shall pay the appropriate registration fee for the
additional truck weights pursuant to RSA 261:141.
(c)
The department shall issue certification on a registration year basis
and it shall be valid until the end of the registration year for which it is issued
unless suspended or revoked as provided in Saf-C
4102.03.
(d)
Any vehicle which has been issued certification for additional truck
weights shall be renewed in accordance with the requirements of Saf-C 4102.01.
(e)
If a vehicle is modified in any manner or if the original certification
is lost, the requirements of Saf-C 4102.01 shall be
completed.
(f)
The department shall issue a decal to any vehicle certified for
additional truck weights, which shall be visibly displayed on the front license
plate of the vehicle.
(g)
The department shall issue a decal to any trailer certified for
additional truck weights, which shall be displayed on the rear license plate of
the trailer.
(h)
If a certification is suspended or revoked pursuant to Saf-C 4102.03, the owner or lessee of the vehicle shall
return the decal(s) to the department.
(i) The certification for additional truck
weights shall be kept in the vehicle at all times.
Source. #4193, eff 12-30-86; amd by #4251, eff
3-31-87, EXPIRED 3-31-93
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
(from Saf-C 4102.03)
New. #11190, eff 9-22-16
Saf-C 4102.03 Suspension
or Revocation of Certification for Additional Truck Weights.
(a)
Pursuant to RSA 266:18-d, VI, the commissioner shall, after notice and
an opportunity for a hearing, suspend or revoke the certification for additional
truck weights for any vehicle which has more than one violation of RSA
266:18-a-d, as applicable, during a calendar year as evidenced by a record of
convictions for those violations.
(b)
The length of the suspension or revocation shall depend upon the number
of convictions for violations of RSA 266:18-a-d that occur
during a calendar year.
(c)
The commissioner shall impose the following:
(1) For 2 convictions, a period of suspension not
to exceed 30 days; or
(2) For 3 or more convictions, a period of
revocation not to exceed the remainder of the period for which the
certification was issued and denial of reapplication for an additional year, if
the convictions warrant.
Source. #4193, eff 12-30-86; amd by #4251, eff
3-31-87, EXPIRED 3-31-93
New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99,
EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07, EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
(from Saf-C 4102.04)
New. #11190, eff 9-22-16
Saf-C 4102.04 Sufficiency
of Horsepower.
(a)
The commissioner shall, after a hearing based upon a complaint that a
vehicle certified pursuant to these rules has insufficient horsepower and
gear-ratio to safely and effectively carry the additional weight authorized by
RSA 266:18-b, suspend the certification pending proof from the owner or lessee
that the vehicle has sufficient horsepower for such purpose.
(b)
A law enforcement officer shall, if necessary, conduct an inspection,
including an on the road inspection, to determine whether the vehicle has
sufficient horsepower to carry the additional weight.
(c) The inspection pursuant to (b) above shall
consist of loading the vehicle to the certified additional weight limit and the
law enforcement officer shall observe the vehicle to determine if it:
(1) Is able to travel at
the same rate of speed as the flow of traffic, but not in excess of the speed
limit;
(2) Holds up traffic while traveling up hills by
traveling slower than 20 miles per hour up hills; and
(3) Is hazardous to the safety of the public
because it travels so slowly.
Source. #4193, eff 12-30-86; amd by #4251, eff
3-31-87, EXPIRED 3-31-93
New. #5628, eff 5-25-93; ss and moved by #6946,
eff 2-25-99 (see Saf-C 4102.05), EXPIRED: 2-25-07
New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07;
ss by #9000, eff 9-29-07 (from Saf-C 4102.03), EXPIRED: 9-29-15
New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16
(formerly Saf-C 4102.05)
New. #11190, eff 9-22-16
PPENDIX
|
RULE |
STATUTE |
|
|
|
|
Saf-C 4101.01 |
RSA
259:13 |
|
Saf-C 4101.02 |
RSA
259:19 |
|
Saf-C 4101.03 |
RSA
541-A:7 |
|
Saf-C 4101.04 |
RSA
266:1-a |
|
Saf-C 4101.05 |
RSA
259:108 |
|
Saf-C 4101.06 |
RSA
259:113 |
|
Saf-C 4101.07 |
RSA
259:108; RSA 259:100-a |
|
Saf-C 4102.01 –
4102.04 |
RSA
266:18-d, VI |