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 New Hampshire department of safety;

 

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

 

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

 

          (b)  In the event there is a dispute regarding the interpretation of the federal standard of application of any rule incorporated by Saf-C 901.02, as it applies to intrastate commerce, the federal interpretation of the rule as it appears in the federal register or the 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 New Hampshire.

 

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

 

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

 

          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

23 Hazen Drive

Concord, NH 03305

Attn: Medical Waiver Program

 

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

 

          (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

Carlisle.smith@cvsa.org

 

Free of Charge

www.cvsa.org