CHAPTER
Saf-C 900 MOTOR CARRIER SAFETY RULES
PART
Saf-C 901 AUTHORITY AND APPLICABILITY
Saf-C
901.01 Applicability. These rules shall be applicable to employers,
employees, commercial vehicles, and all drivers of commercial vehicles, to
include drivers who operate as owner/operators, in either intrastate or
interstate commerce.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96; amd by #6561, eff 8-20-97;
paragraph (a) EXPIRED: 10-11-04; amd by #8247, INTERIM, eff 1-4-05, EXPIRED:
7-3-05
New. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C
901.02 Adoption of Federal Standards.
(a) Pursuant to RSA 266:72-a, the commissioner
hereby incorporates 49 CFR 107, 382, 385 through 397.
(b)
The federal regulations incorporated in (a) above shall be applicable to
all drivers and motor carriers set forth in Saf-C 901.01.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 901.01); ss by
#10215, eff 10-25-12
Saf-C
901.03 Application of Federal
Standards.
(a)
The following terms, as used in the federal regulations incorporated by Saf-C 901.02, shall have these additional meanings:
(1) United States Department of Transportation
also means the
(2) Secretary of Transportation also means
commissioner of the
(3) Any other reference to federal agencies where
there is no comparable state agency also means the
(b)
In the event there is a dispute regarding the interpretation of the
federal standard of application of any rule incorporated by Saf-C
901.02, as it applies to intrastate commerce, the federal interpretation of the
rule as it appears in the federal register or the motor carrier regulation
information system “GUARD”, formerly known as “MCREGIS” shall be used.
(c)
Any term used in these rules, unless specifically defined, shall have
the same meaning as it has in 49 CFR.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 901.02) ss by
#10215, eff 10-25-12
PART
Saf-C 902
DEFINITIONS
Saf-C
902.01 "49 CFR" means Title 49
of the Code of Federal Regulations.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 901.03); ss by #10215,
eff 10-25-12
Saf-C
902.02 "Commissioner" means
"commissioner" as defined in RSA 259:13, or his designee.
Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by
#10215, eff 10-25-12
Saf-C
902.03 "Department" means
"department" as defined in RSA 259:19.
Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by
#10215, eff 10-25-12
Saf-C
902.04 "Documents" mean all
information, including supporting documentation such as, but not limited to
toll receipts, fuel receipts, lodging, meals, repair receipts, bills of lading,
and dispatch records, which is directly or indirectly related to the motor
carrier's operation, maintained in the ordinary course of business or used by
the motor carrier to verify the information recorded on the driver's record of
duty status.
Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by
#10215, eff 10-25-12
Saf-C
902.05 "Medical examiner"
means a person who is licensed, certified or registered, in accordance with
applicable N.H. laws and rules, to perform physical examinations. The term
includes, but is not limited to, doctors of medicine, doctors of osteopathy,
physician assistants, advanced practice nurses and doctors of chiropractic.
Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by
#10215, eff 10-25-12
Saf-C
902.06 "Serious traffic
violation" means “serious traffic violation” as defined in RSA 259:98-a
and a conviction, when operating a commercial motor vehicle, of the following
statutes or equivalent out-of-state convictions:
(a)
Excessive speeding, pursuant to RSA 265:60, involving any single offense
for any speed of 15 miles per hour or more above the posted speed limit;
(b)
Reckless driving, pursuant to RSA 265:79, including but not limited to
offenses for driving a commercial motor vehicle in willful or wanton disregard
for the safety of persons or property;
(c)
Improper or erratic lane changes, pursuant to RSA 265:24, RSA 265:44 and
RSA 265:45;
(d)
Following too closely, pursuant to RSA 265:25;
(e) Driving
under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;
(f)
Leaving the scene of a motor vehicle accident resulting in death,
personal injury or damage to property, pursuant to RSA 264:25;
(g)
Negligent homicide involving a motor vehicle, pursuant to RSA 630:3;
(h)
Manslaughter resulting from the operation of a motor vehicle, pursuant
to RSA 630:2;
(i) Possession of drugs, pursuant to RSA 265:80;
(j)
Racing on highways, pursuant to RSA 265:75;
(k)
Negligent driving, pursuant to RSA 265:79-b;
(l)
Driving after revocation or suspension, pursuant to RSA 263:64; and
(m)
Driving a commercial motor vehicle without obtaining a commercial
driver’s license.
Source. #8404, eff 8-2-05 (from Saf-C 901.03); ss by
#10215, eff 10-25-12
PART
Saf-C 903
GENERAL ADMINISTRATION
Saf-C
903.01 Duty of Motor Carrier.
(a)
A driver of a motor carrier shall stop his or her vehicle on the request
of any law enforcement officer of the department or other law enforcement agent
certified to conduct truck inspections so that the officer may:
(1) Examine:
a. Vehicle components;
b. Driver's physical condition;
c. Cargo condition; and
d. Documents; and
(2) Enter the cab or cargo area as necessary to
determine that:
a. The vehicle is in safe operating condition and
in compliance with applicable federal and state regulations; and
b. The cargo is properly secured.
(b)
Every owner/operator of a motor carrier, or his or her authorized agent,
shall make available during roadside inspections accounts, books,
records, receipts, memoranda, correspondence, and any other documents for review, inspection,
upon demand by any enforcement officer of the department or other law
enforcement agent certified to conduct truck inspections who in the course of
enforcing these rules is acting within the scope of his or her duties and
authority. If the documents are not readily available roadside, they shall be
made available at the motor carrier's
principle place of business during regular business hours.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 901.04); ss by
#10215, eff 10-25-12
Saf-C
903.02 Enforcement of These Rules.
(a)
This chapter shall be enforced pursuant to the general penalty
provisions of RSA 262:41 except for the following:
(1) Violations of hazardous materials
transportation, pursuant to RSA 265:118; and
(2) Violations of disqualification and out of
service orders pursuant to RSA 263:93-a and RSA 263:93-b.
Source. #8404, eff 8-2-05 (from Saf-C 901.05); ss by
#10215, eff 10-25-12
PART
Saf-C 904
MOTOR CARRIER DRIVERS
Saf-C
904.01 Qualifications; Exemptions.
(a)
A person driving a motor vehicle in interstate commerce, as or on behalf
of a motor carrier, shall be at least 21 years of age.
(b)
Notwithstanding (a) above, pursuant to RSA 21-P:18, a person may drive a
motor vehicle in intrastate commerce carrying home heating oil for the purpose
of making retail deliveries if he or she is at least 18 years of age on or before
January 1, 2011.
(c)
Notwithstanding (a) above, a person driving a motor vehicle in
intrastate commerce as or on behalf of a motor carrier, carrying items other
than hazardous materials, hazardous substances, or hazardous waste, shall be at
least 18 years of age.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90, EXPIRED: 11-16-96
New. #8404, eff 8-2-05 (from Saf-C 902.01); ss by
#10215, eff 10-25-12
PART
Saf-C 905
SAFETY EQUIPMENT REQUIREMENTS
Saf-C
905.01 Safety Equipment Exemptions.
(a)
The brake requirement rules set forth in 49 CFR 393.42 shall not apply
to the towing in intrastate commerce of the following, pursuant to RSA 266:30:
(1) Wood-sawing machines;
(2) Log splitters;
(3) Cement mixers;
(4) Compressors;
(5) Tar kettles;
(6) Conveyers;
(7) Devices of 2 wheels used by public utilities
for the transportation of no more than 6 cables or poles;
(8) Road rollers and sweepers;
(9) Thawing devices; and
(10) Refreshment booths on wheels towed not more
than 2 miles at any one time.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 903.01); amd by
#8722, eff 9-8-06; ss by #10215, eff 10-25-12
PART
Saf-C 906
DRIVING AND ON-DUTY TIME LIMITED
Saf-C
906.01 Driver Out-of-Service.
(a) Every law enforcement agent certified to
conduct truck inspections shall be authorized to declare a driver
out-of-service upon discovering a violation of the out of service criteria.
(b) A driver or motor carrier shall not require
or permit an out-of-service driver to operate a commercial motor vehicle until
that driver may do so lawfully.
(c) The criteria to
be used by the law enforcement agent for (a) above shall be the “North American
Standard Out-of-Service Criteria” (April 1, 2022 edition). For those drivers of
vehicles transporting highway route controlled quantities of radioactive materials,
the criteria to be used by the law enforcement agent for (a) above shall be the
“North American Standard Out-of-Service Criteria
and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities
of Radioactive Materials as defined in 49 CFR Part 173.403” (April, 1, 2022
edition).
Source. #2705, eff 5-9-84; amd by #3110, eff 8-30-85;
ss by #4824, eff 6-1-90; ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED:
10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C
905.01); amd by #8722, eff 9-8-06; ss by #10215, eff
10-25-12; amd by #12769,
eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202,
eff 5-6-21; amd by #13478, eff 10-26-22
PART
Saf-C 907
PREVENTIVE MAINTENANCE AND REPAIRS
Saf-C 907.01 Declaring A Vehicle Out-of-Service.
(a) Every law enforcement agent certified to
conduct truck inspections shall be authorized to declare a vehicle
out-of-service upon discovery of a violation of any law or rule that would
render further operation of the motor vehicle so imminently hazardous as to be likely
to cause an accident or breakdown of the motor vehicle, because of its
mechanical condition or loading.
(b) The criteria to be used by the law
enforcement agent for (a) above shall be the “North American Standard
Out-Of-Service Criteria” (April 1, 2022 edition).
For those vehicles transporting highway route controlled quantities of
radioactive materials, the criteria to be used by the law enforcement agent for
(a) above shall be the “North American Standard Out-of-Service Criteria and
Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of
Radioactive Materials as defined in 49 CFR Part 173.403” (April 1, 2022 edition).
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C
906.01); amd by #8722, eff 9-8-06; ss by #10215, eff
10-25-12; amd by #12769,
eff 5-2-19; amd by #13085, eff 8-7-20; ss by #13202,
eff 5-6-21; amd by #13478, eff 10-26-22
PART
Saf-C 908
FEDERAL FINANCIAL RESPONSIBILITY REQUIREMENTS
Saf-C 908.01 Financial Responsibility. Every motor carrier operating motor vehicles
transporting passengers or property in interstate commerce shall comply with
the minimum levels of financial responsibility for carriers set forth in 49 CFR
387, and every motor carrier transporting hazardous materials interstate or intrastate,
shall comply with the minimum levels of financial responsibility for carriers
set forth in 49 CFR 387.9.
Source. #2705, eff 5-9-84; ss by #4824, eff 6-1-90;
ss by #4980, eff 11-16-90; ss by #6353, eff 10-11-96, EXPIRED: 10-11-04
New. #8247, INTERIM, eff 1-4-05, EXPIRED: 7-3-05
New. #8404, eff 8-2-05 (from Saf-C 907.01); ss by
#10215, eff 10-25-12
PART
Saf-C 909
MEDICAL WAIVER
Saf-C
909.01 Applicability.
(a)
This part shall apply to all drivers of commercial motor vehicles who
operate exclusively within the state of
(b)
This part shall not apply to drivers who drive a school bus in a
home-to-school or school-to-home mode of transportation.
Source. #8404, eff 8-2-05 (from Saf-C 908.01); ss by
#10215, eff 10-25-12; amd by #12119, eff 2-23-17
Saf-C 909.02 Waiver. A person who is not physically qualified to
drive due to having a physical deficiency, as listed in 49 CFR
391.41(b)(1)-(13), but who is qualified to drive a commercial motor vehicle
pursuant to 49 CFR 391.11 and has not been disqualified pursuant to 49 CFR
391.15, shall be authorized to drive a commercial motor vehicle if the
commissioner grants a waiver pursuant to Saf-C
909.09.
Source. #8404, eff 8-2-05 (from Saf-C 908.02); ss by
#10215, eff 10-25-12
Saf-C 909.03 Application for Medical Waiver.
(a)
Each applicant for a waiver of the physical disqualification shall
submit an application to the commissioner. The application shall be addressed
and mailed to:
Department
of Safety
Division
of Motor Vehicles
Attn:
Medical Waiver Program
(b)
The application in (a) above shall be submitted jointly by the driver-applicant
requesting the waiver and by the motor carrier that will employ the driver-applicant
if the waiver is granted, who shall be the co-applicant.
(c)
A driver-applicant who is self-employed or unemployed shall not be
required to have a co-applicant.
Source. #8404, eff 8-2-05 (from Saf-C 908.03); ss by
#10215, eff 10-25-12
Saf-C
909.04 Information Required. All persons seeking a medical waiver shall
complete and submit DSMV 558, as effective April 2012.
Source. #8404, eff 8-2-05 (from Saf-C 908.04); ss by
#10215, eff 10-25-12
Saf-C
909.05 Information to Accompany
Medical Waiver Application. Each
driver-applicant shall attach a copy of the results of the medical examination,
conducted pursuant to 49 CFR 391.43, to his or her application for a waiver.
Source. #8404, eff 8-2-05 (from Saf-C 908.05); ss by
#10215, eff 10-25-12
Saf-C
909.06 Information to be Provided to the
Medical Examiner. The
driver-applicant or co-applicant shall provide the medical examiner with a
description of the job tasks the driver applicant will be required to perform.
Source. #8404, eff 8-2-05 (from Saf-C 908.06); ss by
#10215,e ff 10-25-12
Saf-C
909.07 Contents of a Medical Evaluation
Summary.
(a)
Each driver-applicant, who is not physically qualified pursuant to 49
CFR 391.41(b), shall obtain a medical evaluation summary, typewritten or in
legible form, from a medical examiner, who has expertise with the
driver-applicant's specific medical condition.
(b)
For the purposes of this rule, "perform normal tasks"
includes:
(1) Manipulating knobs and switches;
(2) Holding and maneuvering the steering wheel;
(3) Shifting a manual transmission, if the
commercial motor vehicle(s) is so equipped;
(4) Having sufficient strength to operate the
brakes;
(5) Having sufficient strength to engage the
clutch, if the commercial motor vehicle(s) is so equipped;
(6) Having sufficient neck and head mobility to
look over his or her shoulder when backing up, if necessary; and
(7) Having sufficient strength to secure chains
or other securement devices, if applicable.
(c)
Each driver-applicant who is not physically qualified pursuant to 49 CFR
391.41(b)(1) shall obtain a medical evaluation summary that includes the
following:
(1) Whether the impairment interferes with the
driver-applicant's ability to perform normal tasks associated with driving a
commercial motor vehicle; and
(2) A description of any prosthetic device from a
medical examiner or specialist.
(d)
Each driver-applicant who is not physically qualified pursuant to 49 CFR
391.41(b)(2) shall obtain a medical evaluation summary that includes the
following:
(1)
Whether the impairment interferes with
the driver-applicant's ability to perform normal tasks associated with driving
a commercial motor vehicle;
(2) An assessment and medical opinion of whether
the condition is likely to remain medically stable for the duration of the
medical waiver;
(3) A recommendation as to the period of time the
medical waiver shall be valid, not to exceed 2 years; and
(4) A description of any prosthetic device from a
medical examiner or specialist.
(e)
Each driver-applicant who is not physically qualified pursuant to 49 CFR
391.41(b)(3)-(13) shall obtain a medical evaluation summary that includes the
following:
(1) Whether the impairment interferes with the
driver-applicant's ability to perform normal tasks associated with driving a
commercial motor vehicle;
(2) An assessment and medical opinion of whether
the condition is likely to remain medically stable for the duration of the medical
waiver; and
(3) A recommendation as to the period of time the
medical waiver shall be valid, not to exceed 2 years.
Source. #8404, eff 8-2-05 (from Saf-C 908.07); ss by
#10215, eff 10-25-12
Saf-C
909.08 Road Skills Evaluation. Each driver-applicant shall demonstrate to an
agent of the department, his or her ability to safely drive the motor
vehicle(s) he or she intends to operate, pursuant to Saf-C
1805.04.
Source. #8404, eff 8-2-05 (from Saf-C 908.08); ss by
#10215, eff 10-25-12
Saf-C
909.09 Criteria For Granting or
Denying a Medical Waiver.
(a)
The commissioner shall consider the following when deciding to grant or
deny a waiver:
(1)
Whether the driver-applicant is able to
drive the type of commercial motor vehicle without any obstruction caused by
his or her physical deficiency;
(2) Whether the results of the medical examination
and medical evaluation summary conclude that the driver-applicant's physical
deficiency will not hinder his or her ability to drive safely for the duration
of the medical waiver; and
(3) Whether the driver-applicant's certified
driver record includes moving violations and/or at-fault accidents for the past
10 years.
(b)
The commissioner shall determine, pursuant to RSA 266:72-a, III and (a)
above, whether it would or would not jeopardize public safety to grant a waiver.
Source. #8404, eff 8-2-05 (from Saf-C 908.10); ss by
#10215, eff 10-25-12
Saf-C 909.10 Granting of Medical Waiver.
(a)
The commissioner shall grant a medical waiver in the event that doing so
would not jeopardize public safety pursuant to Saf-C
909.09(b).
(b)
In the event the commissioner grants a medical waiver, he or she shall
notify the driver-applicant, the medical examiner and the co-applicant, if
applicable, of the terms of the waiver.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C 909.11 Denial of Medical Waiver.
(a)
In the event the commissioner denies a medical waiver, he shall notify
the driver-applicant in writing.
(b)
Each person denied a medical waiver shall have an opportunity for an
administrative hearing in accordance with the provisions of Saf-C
200.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C 909.12 Renewal Process.
(a)
The renewal process may be initiated by the driver-applicant 60 days
prior to the expiration date of the waiver.
(b) All persons seeking a renewed medical
waiver shall submit DSMV 558, as effective April, 2012.
(c)
Each driver-applicant who has a medical waiver because he or she is not
physically qualified pursuant to Saf-C 909.07(c),
shall not be required to obtain a current medical evaluation summary in order
to renew a medical waiver.
Source. #8404, eff 8-2-05 (from Saf-C 908.11); ss by
#10215, eff 10-25-12
Saf-C
909.13 Criteria for Granting or
Denying a Renewal Medical Waiver.
(a) The commissioner shall consider the following
when deciding to grant or deny a renewal medical waiver:
(1) Whether the driver-applicant is able to drive
the type of commercial motor vehicle without any obstruction caused by his or her
physical deficiency;
(2) Whether the results of the medical examination
and medical evaluation summary conclude that the driver's physical deficiency
will not hinder his or her ability to drive safely for the duration of the
renewal medical waiver;
(3) Whether the driver-applicant's certified driver
record includes moving violations incurred while driving under the current medical
waiver;
(4) Number of accidents caused by the
driver-applicant while driving under the current medical waiver; and
(5) Whether the driver-applicant violated any of
the provisions of Saf-C 909.16 while driving under
the current medical waiver.
(b)
The commissioner shall determine, pursuant to RSA 266:72-a, III and (a)
above, whether it would or would not jeopardize public safety to grant the
renewal of a medical waiver.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C
909.14 Granting of Renewal Medical
Waiver.
(a)
The commissioner shall grant a renewal medical waiver in the event that
doing so would not jeopardize public safety pursuant to Saf-C
909.13(b).
(b)
In the event the commissioner grants a renewal medical waiver, he shall
notify the driver-applicant, the medical examiner and the co-applicant, if
applicable, of the terms of the waiver.
(c)
A renewal waiver shall be valid for a period of 2 years from the date
the renewal waiver is granted, unless otherwise specified by the department
upon the recommendation of a medical examiner.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C
909.15 Denial of Renewal Medical
Waiver.
(a)
In the event the commissioner denies a renewal medical waiver, he or she
shall notify the driver-applicant in writing.
(b)
Each person denied a renewal medical waiver shall have an opportunity for
an administrative hearing in accordance with the provisions of Saf-C 200.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C 909.16 Duties.
(a)
Each driver who has obtained a medical waiver or motor carrier that
employs a commercial driver who has obtained a medical waiver shall:
(1) File with the commissioner, within 30 days of
occurrence, the following:
a. Any accident;
b.
Any driver license suspension or revocation;
or
c. Any motor vehicle conviction;
(2) Permit the driver to drive only the type of
commercial motor vehicle(s) set forth in the medical waiver, subject to all the
conditions and limitations of the waiver; and
(3)
Maintain a copy of the medical waiver in
its driver qualification files.
(b)
Each driver who obtains a medical waiver shall furnish each employing
motor carrier with a copy of the medical waiver and notify the department of
any change in employment.
(c)
Each driver shall have the medical waiver, or a legible copy of the
waiver, in his or her possession when driving a commercial motor vehicle.
(d)
Each driver shall immediately notify the department in the event the
driver's medical condition deteriorates to such a degree that will interfere
with his or her ability to safely drive a commercial motor vehicle.
Source. #8404, eff 8-2-05; ss by #10215, eff 10-25-12
Saf-C 909.17 Revocation of Waiver.
(a)
The commissioner shall revoke a waiver for just cause after the driver
is given notice and an opportunity for an administrative hearing in accordance
with the provisions of Saf-C 200.
(b)
For the purposes of (a) above, "just cause" shall include:
(1) Evidence of deterioration of medical
condition;
(2) Evidence of a serious traffic violation, as
set forth in Saf-C 902.06;
(3) Evidence that the driver caused an accident;
(4) Evidence that the driver is driving a motor
vehicle not listed in the application;
(5) Evidence that the driver is not able to
operate the type of commercial vehicle without any obstruction caused by his or
her physical deficiency; or
(6) Evidence of a violation of any of the
provisions of these rules.
(c)
The determination by the commissioner whether a waiver will be revoked
shall be based upon the facts and circumstances of each case.
(d)
Notwithstanding (a) above, the commissioner shall revoke a waiver
immediately, pursuant to RSA 263:59, if the commissioner receives evidence that
the driver:
(1) Is physically or mentally an improper or
incompetent person to drive a commercial motor vehicle;
(2) Is driving improperly or so as to endanger
the public;
(3) Is appealing a conviction of a serious
traffic violation, as set forth in Saf-C 902.06; or
(4) Made a material false misrepresentation in
the application or renewal application of the medical waiver.
(e)
Any driver who has had his or her waiver revoked pursuant to (d) above, shall
be entitled to a hearing. Any driver
desiring a hearing shall present a written request for such to the bureau of
hearings in the department. The bureau
of hearings shall schedule the requested hearing no later than 15 days from
receipt of the hearing request.
Source. #8404, eff 8-2-05 (from Saf-C 908.13); ss by
#10215, eff 10-25-12
Saf-C
909.18 False Information.
(a)
False information contained in the application or renewal application by
either the driver-applicant or the co-applicant shall be grounds for denying a
waiver or for revoking a waiver.
(b)
The determination by the commissioner whether a waiver will be denied or
revoked because of false information shall be based upon the facts and
circumstances of each case.
Source. #8404, eff 8-2-05 (from Saf-C 908.14); ss by
#10215, eff 10-25-12
APPENDIX A
Rule |
Specific State Statute the Rule
Implements |
|
|
Saf-C
901.01-901.03 |
RSA
266:72-a |
Saf-C
902.01 |
49
CFR; RSA 541-A:7 |
Saf-C
902.02 |
RSA
259:13 |
Saf-C
902.03 |
RSA
259:19 |
Saf-C
902.04-902.05 |
RSA
541-A:7 |
Saf-C
902.06 |
RSA
259:98-a; RSA 541-A:7 |
Saf-C
903.01 |
RSA
266: 1; RSA 266:72-a |
Saf-C
903.02 |
RSA
262:41 |
Saf-C
904.01 |
RSA
21-P:17; RSA 21-P:18; RSA 266:72-a |
Saf-C
905.01 |
RSA
266:30 |
Saf-C
905.01(a) |
RSA
266:30; RSA 266:72-a |
Saf-C 905.01(c) |
RSA
266:72-a |
Saf-C 906.01 & Saf-C 907.01 |
RSA 266:72-a |
Saf-C
908.01 |
RSA
264:21 & RSA 266:72-a |
Saf-C 909 |
RSA
266:72-a, III |
APPENDIX B
Rule |
Material Incorporated |
How Material May
be Obtained |
Saf-C 906.01(c) and Saf-C 907.01(b) |
North
American Standard Out-of-Service Criteria (April 1, 2022) |
Commercial Vehicle Safety Alliance 6303 Ivy Lane, Suite 310 Greenbelt, MD 20770-6319 Telephone: 301.830-6143 Fax: 301.830-6144 Purchase Online: https://www.cvsa.org/inspections/out-of-service-criteria/
$49.00, plus shipping |
Saf-C 906.01(c) & Saf-C 907.01(b) |
North
American Standard Out of Service Criteria and Level VI Inspection Procedures
for Commercial Vehicles Transporting Transuranics
and Highway Route Controlled Quantities of Radioactive Materials as defined
in 49 CFR Part 173.403 (April 1, 2022) |
Commercial Vehicle
Safety Alliance 6303 Ivy Lane, Suite
310 Greenbelt, MD
20770-6319 Tel: 301.830-6143 Fax: 301.830-6144 Available
by email request by emailing Carlisle Smith: Carlisle Smith Free of Charge |