CHAPTER Saf-C 1800 COMMERCIAL DRIVER LICENSING
REVISION NOTE:
Document #10523, effective 2-18-14,
readopted with amendment Chapter Saf-C 1800.
Amendments included the deletion of Saf-C 1803.04 titled “Renewal
Commercial Driver License—75 Years of Age and Older” and Saf-C 1803.05 titled
“Requirements for Oral Examination”. The
number Saf-C 1803.04 was reserved for future rulemaking.
Document #14100, effective 10-18-24,
readopted or readopted with amendment all of the rules
in Chapter Saf-C 1800, including the deletion of the previously reserved number
Saf-C 1803.04 and the renumbering of subsequent rules within Part Saf-C 1803
titled “Commercial Driver License Application Requirements” as indicated in the
source notes. Document #14100 replaces
all prior filings affecting the rules in the former Chapter Saf-C 1800.
The
prior filings for the former rule Saf-C 1803.04 Saf-C 1805.03included the
following documents:
#6298, INTERIM, eff
8-3-96
#6338,
eff 9-25-96
#8182, INTERIM, eff
9-25-04, EXPIRED: 3-24-05
#8405, eff
8-2-05
#10523, eff 2-18-14
PART Saf-C 1801 APPLICABILITY
Saf-C 1801.01 Applicability. These rules shall be applicable to all persons who drive a commercial motor vehicle as defined in
RSA 259:12-e.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963, EMERGENCY RULE, eff 5-13-24; ss by
#14100, eff 10-18-24, EXPIRES: 10-18-34
Saf-C 1801.02 Exemption From
the Commercial Driver License Requirements.
(a)
Notwithstanding any other rule to the contrary, the requirements for a
person to possess a commercial driver license shall
not apply to the following:
(1) Fire service personnel driving emergency
vehicles assigned or registered to a department or fire service organization in
pursuit of fire service purposes;
(2) Persons who drive recreational vehicles, as
defined in RSA 259:84-a;
(3) Non-civilian
military personnel driving military vehicles in pursuit of military purposes;
and
(4) Persons driving vehicles used exclusively for
agriculture and farming, provided the vehicle is driven within a 150 mile radius from the main entrance of the farm.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED 2-18-24
New. #13963, EMERGENCY RULE, eff 5-13-24; ss by #14100, eff
10-18-24, EXPIRES: 10-18-34
PART
Saf-C 1802 DEFINITIONS
Saf-C
1802.01 “Applicant” means a person intending to fulfill statutory and
administrative requirements to hold a valid
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.02);
ss by #10523, eff 2-18-14, EXPIRED 2-18-24
New. #13963, EMERGENCY RULE, eff 5-13-24; ss by
#14100, eff 10-18-24, EXPIRES: 10-18-34
Saf-C 1802.02 “Commercial driver” means “commercial driver”
as defined in RSA 259:12.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.03);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963, EMERGENCY RULE, eff
5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.03 “Commercial driver learner permit” means
“commercial driver learner permit” as defined in RSA 259:12-b.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff
9-25-04, EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.03); ss by #10523,
eff 2-18-14, EXPIRED 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.04 “Commercial driver license (CDL)” means
“commercial driver license” as defined in RSA 259:12-c.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.04);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.05 “Commercial driver license information
system” means “commercial driver license information system” as defined in RSA
259:12-d.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.06);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.06 “Commercial motor vehicle (CMV)” means
“commercial motor vehicle” as defined in RSA 259:12-e.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.07);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.07 “Conviction” means “conviction” as defined in
RSA 259:14.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05
(formerly Saf-C 1801.08); ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.08 “Department” means “department” as defined in
RSA 259:19.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.09);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.09 “Director” means “director” as defined in RSA
259:20.
Source. #4983, eff 11-16-90; ss by #6298, INTERIM,
eff 8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM,
eff 9-25-04, EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.10);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.10 “Disqualification” means “disqualification” as defined in RSA
259:20-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.11);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.11 “Division” means “division” as defined in RSA
259:22.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.12);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.12 “Employer” means “employer” as defined in RSA
259:28-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.13);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.13 “Endorsement” means an authorization from the
department to a person’s commercial driver license that permits the person to
operate a certain type(s) of commercial motor vehicle(s).
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.14);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.14 “Examination” means a
knowledge, road skills, and visual acuity test, or any combination thereof.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.15 “Gross combination weight rating (GCWR)”
means “gross combination weight rating or GCWR” as defined in RSA 259:38-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.15);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.16 “Gross vehicle weight rating (GVWR)” means “gross
vehicle weight rating or GVWR” as defined in RSA 259:38-b.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.16); ss
by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.17 “Hazardous materials” means “hazardous
materials” as defined in RSA 259:40.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.17);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.18 “Major traffic violation” means any of the
violations identified in RSA 263:94, I.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963, EMERGENCY
RULE, eff 5-13-24;
ss by #14100, eff 10-18-24, EXPIRES: 10-18-34
Saf-C 1802.19 “Mailing address” means specification of the
location where a person regularly receives properly addressed mail via the
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.18);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.20 “Original
commercial driver license” means the first
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.21 “Legal address” means specification of the location where a person makes their
residence. The term does not include addresses consisting solely of a post
office box number.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.19);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.22 “Person” means a human being.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.20);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.23 “Recreation vehicle” means “recreation
vehicle” as defined in RSA 259:84-a.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.24 “Residence” means “residence” as defined in
RSA 21:6-a.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.25 “Resident” means “resident” as defined in RSA
21:6.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.21);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C
1802.26 “Serious traffic violation”
means “serious traffic violation” as defined in RSA 259:98-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.22);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.27 “State” means “state” as defined in RSA
259:106, III.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.23);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.28 “Tank vehicle” means any commercial motor
vehicle that is designed to transport any liquid or gaseous materials within a
tank or tanks having an individual rated capacity of more than 119 gallons and
an aggregate rated capacity of 1,000 gallons or more that is either permanently
or temporarily attached to the vehicle or the chassis. The term does not
include a commercial motor vehicle transporting an
empty
storage container tank, not designed for transportation, with a rated capacity
of 1,000 gallons or more that is temporarily attached to a flatbed trailer.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.24);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.29 “Vehicle” means “vehicle” as defined in RSA
259:122, I.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.25);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1802.30 “Vehicle group” means a class or type of
vehicle with certain operating characteristics.
Source. #10523, eff
2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART
Saf-C 1803 COMMERCIAL DRIVER LICENSE
APPLICATION REQUIREMENTS
Saf-C 1803.01 Application Form.
(a)
The department shall supply application form DSMV 312, “Commercial
Driver License Application,” (rev. 09/2024) at any substation or the:
Division
of Motor Vehicles
(b)
Each applicant shall complete and submit form DSMV 312, in person to a
division substation.
(c)
Applicants shall submit form DSMV 312 to a
division substation for any of the following:
(1) Original commercial driver license;
(2) Renewal commercial driver license;
(3) Duplicate commercial driver license; or
(4)
Replacement
commercial driver license.
(d)
Applicants submitting form DSMV 312 shall sign and date the form,
and in doing so, shall certify the following under the penalties of unsworn
falsification pursuant to RSA 641:3: “By signing above, I certify that I have
paid all resident taxes or Interest and Dividends Tax (RSA 77) for which I
am liable, and, if required, insurance certificates are on file with the
Director of Motor Vehicles. My driving privileges are not subject to or under
disqualification, suspension or revocation by any jurisdiction (does not apply
to non-driver ID). This application is signed under penalty of unsworn
falsification pursuant to RSA 641:3.”
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.01);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24, EXPIRES:
10-18-34
Saf-C 1803.02 Application, Data Required.
(a)
Each applicant shall complete and submit form DSMV 312 “Commercial
Driver License Application,” (rev. 09/2024).
(b)
Prior to the issuance of an original commercial driver license, each
applicant shall furnish the director with positive proof of identification,
pursuant to the requirements set forth in Saf-C 1002.02.
(c)
Prior to the issuance of a commercial driver license, each applicant who
is a non-United States citizen, shall meet the requirements set forth in Saf-C 1002.05.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.02);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1803.03 Application Fee.
(a)
Each applicant shall submit form DSMV 312 and the statutory fee,
pursuant to RSA 263:42, I, to the division.
(b)
Payment shall be made in the form of cash, check, money order, or
accepted credit cards.
(c)
Checks and money orders shall be made payable to “State of NH, DMV”.
Alternative terms including, but not limited to, “State of NH – Safety”, “NH
Department of Safety”, “Treasurer - State of NH”, or “Director of Motor
Vehicles” shall not be cause for refusal, provided it does not lend itself to
endorsement by any party other than the state of New Hampshire.
(d)
The renewal fee required by this part shall be waived for members of the
armed forces if the applicant meets the requirements of RSA 263:11 and (e)
below.
(e)
Each applicant for a fee waiver shall furnish the following on form DSMV
76:
(1) An affidavit, which shall include:
a. Legal name;
b.
c. Branch of the armed forces;
d. City or town where the applicant entered the
armed forces;
e. Certification that the applicant’s tour of
duty is for 2 or more years;
f. Date on which the tour of duty shall
terminate;
g.
Certification that the applicant's driving privileges are not under suspension
or revocation by any other state or country;
h. Service number; and
i. Date of birth;
(2) Signature of the applicant, made in the
presence of a commissioned officer;
(3) Signature and rank of a commissioned officer
certifying that the applicant signed the affidavit in their presence; and
(4)
Commissioned officer’s address and phone
number.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.03);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1803.04 Renewal Commercial Driver License -
Hazardous Material Endorsement.
(a)
Each applicant for a renewal commercial driver license with a hazardous materials endorsement shall complete the
following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004; and
(2) The knowledge examination set forth in Saf-C
1805.01(b)(7).
(b)
In addition to (a) above, each applicant for a renewal commercial driver
license with a hazardous materials endorsement shall provide fingerprints in order to complete the Transportation Security
Administration security threat assessment process, as required by 49 CFR
383.141.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.05)
Saf-C 1803.05 Age Requirements for Commercial Driver.
(a)
Pursuant to RSA 263:27, a commercial driver license shall not be issued
to any person less than 18 years of age.
(b)
Pursuant to the requirements of 49 CFR 391.11, any commercial driver who
intends to drive interstate shall be at least 21 years of age.
(c)
Pursuant to the requirements of 49 CFR 391.11, any commercial driver who
intends to transport hazardous materials shall be at least 21 years of age.
(d) Notwithstanding (a) above, pursuant to
RSA 263:22, a commercial driver license shall be issued to a person between the
ages of 16 and 18, in order to drive a motor vehicle
with a manufacturer’s rating of 18,000 pounds or less, in the event of the
following:
(1) A war emergency exists; and
(2) The person meets all other statutory and
administrative requirements for a commercial driver license.
(e)
Notwithstanding any other rule to the contrary, pursuant to RSA 21-P:18,
a commercial driver license shall be issued to a person between the ages of 18
and 21 who intends to drive intrastate any vehicle carrying home heating oil
for the purpose of making retail deliveries of such home heating oil.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.06);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.06)
Saf-C 1803.06 Applicant with Out of State Address. An application for a commercial driver
license that does not bear a legal address within the state of New Hampshire
shall be rejected and returned to the applicant, pursuant to Saf-C 1803.07, for
the applicant to prove that they are a resident of New Hampshire.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.07)
Saf-C 1803.07 Application Rejected.
(a)
All applications shall be reviewed by the division in accordance with
RSA 541-A:29.
(b)
The applicant shall be notified of any apparent errors or omissions and
allowed to resubmit the application to the division.
(c)
In the event an applicant fails to comply with an applicable statute or
rule, the application shall not be processed and the
applicant shall be notified of the reason(s) for the rejection.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.08)
Saf-C 1803.08 Application Accepted.
(a)
Upon completion of an application, each applicant who is not required to
complete a road skills examination may appear at any driver licensing office
during regular business hours.
(b)
Upon receipt of a completed application and applicable knowledge
examinations, the division shall give an applicant who is required to complete
a road skills examination an appointment to personally appear at a designated
location.
(c)
The appointment set forth in (b) above, shall
include the following:
(1) Applicant’s name, legal address, and date of
birth;
(2) Location and time; and
(3) Notification that the applicant shall be
required to provide proof of positive identification.
(d)
In the event it is necessary to reschedule an appointment, the
department will make all reasonable attempts to notify the applicant of the
change. Notice of rescheduling shall be sent, in writing, to the applicant.
(e)
In the event an applicant fails to give the division at least 24 hours notice of their inability to appear for a scheduled
appointment, a notice of rescheduling shall be sent to the applicant, with a
scheduled time to appear no sooner than 10 days after the date of the initial
appointment.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.09)
Saf-C 1803.09 Renewal Notification.
(a)
The director shall mail a renewal notification to each person holding a
valid
(b)
The renewal notification shall be mailed to the person’s mailing
address.
(c)
Notwithstanding the provisions of this section, when a computer system
failure, incorrect mailing address, interruption of postal service, or other
difficulty prevents the preparation, mailing, or receipt of the notification,
it shall be the applicant’s responsibility to obtain and complete an
application form prior to the expiration date of the commercial driver license.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34 (formerly Saf-C 1803.10)
PART
Saf-C 1804 ORIGINAL COMMERCIAL DRIVER
LICENSE: EXAMINATIONS REQUIRED
Saf-C 1804.01 Original Commercial Driver License and
Endorsements: Examinations Required.
(a)
Each applicant for an original commercial driver
license or endorsements, unless otherwise provided in these rules, shall pass the
following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004;
(2)
The appropriate knowledge examination(s)
set forth in Saf-C 1805.01(b); and
(3) The road skills examination set forth in
Saf-C 1806.01.
(b)
In the event an applicant’s New Hampshire commercial driver license has
been expired, suspended, or revoked for a period in excess of
3 years prior to receipt of the commercial driver license application, the
applicant shall complete the requirements set forth in (a) above.
(c)
Each applicant for an endorsement to a commercial driver license shall pass
the following:
(1) For a double or triple endorsement, required
if the applicant intends to pull a double or triple trailer:
a. The visual acuity examination set forth in
Saf-C 1004; and
b. The knowledge examination set forth in Saf-C
1805.01(b)(4);
(2) For a passenger
vehicle endorsement, required if the applicant intends to drive a vehicle
designed to transport 16 or more persons, including
the operator:
a. The visual acuity examination set forth in
Saf-C 1004;
b. The knowledge examination set forth in Saf-C
1805.01(b)(5); and
c. The road skills examination set forth in
Saf-C 1806.01;
(3) For a tank vehicle
endorsement, required if the applicant intends to transport liquid or gaseous
materials:
a. The visual acuity examination set forth in
Saf-C 1004; and
b. The knowledge examination set forth in Saf-C
1805.01(b)(6);
(4) For a hazardous
materials endorsement, required if the applicant intends to transport hazardous
materials:
a. The visual acuity examination set forth in
Saf-C 1004;
b. The knowledge examination set forth in Saf-C
1805.01(b)(7); and
c. Provide fingerprints in
order to complete the Transportation Security Administration security
threat assessment process, as required by 49 CFR 383.141; and
(5) For a school bus
endorsement, required if the applicant intends to drive a school bus designed
to transport 16 or more persons, including the
operator:
a. The visual acuity examination set forth in
Saf-C 1004;
b. The knowledge examination set forth in Saf-C
1805.01(b)(5), if not already taken and passed;
c. The knowledge examination set forth in Saf-C
1805.01(b)(8), as referenced in Saf-C 1304.01; and
d. The road skills examination set forth in
Saf-C 1806.01.
(d)
Each applicant for an original commercial driver license who is a
non-United States citizen shall meet the requirements set forth in Saf-C
1003.04.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.01);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1804.02 Original Commercial Driver License From Another Jurisdiction: Examinations Required.
(a) Each applicant who surrenders a valid
commercial driver license issued by another jurisdiction or a commercial driver
license by another jurisdiction which has expired no more than 12 months prior
to the date of its surrender shall pass the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004; and
(2) The road skills examination set forth in
Saf-C 1806.01, in the event the director determines that:
a. The licensing standards of the jurisdiction
in which the applicant is licensed does not comply
with the standards set forth in this chapter; or
b. The applicant might be a hazard to public
safety as a result of an apparent
physical or psychological impairment.
(b)
Each applicant who surrenders a commercial driver license from another
jurisdiction which has expired more than 12 months prior to the date of its
surrender or who does not hold a commercial driver license from another
jurisdiction shall pass the following in the order reflected:
(1) The visual acuity examination set forth in
Saf-C 1004;
(2)
The appropriate knowledge examination(s)
set forth in Saf-C 1805.01(b); and
(3) The road skills examination set forth in
Saf-C 1806.01.
(c)
Each applicant who surrenders a commercial driver license from another
jurisdiction with a hazardous materials endorsement which they request to
retain shall complete the following in the order reflected:
(1) The visual acuity examination set forth in Saf-C
1004; and
(2) The knowledge examination set forth in Saf-C
1805.01(b)(7).
(d)
In addition to (c)(1) and (2) above, each applicant who surrenders a
commercial driver license from another jurisdiction with a hazardous materials
endorsement which they request to retain shall provide fingerprints, unless the
applicant can prove that fingerprints were submitted to the jurisdiction which
issued the hazardous materials endorsement within the previous 5 months.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.02);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C
1804.03 Commercial Motor Vehicle
Groups.
(a)
Operation of any combination of vehicles with a gross combination weight
rating of 26,001 or more pounds, provided the vehicle(s) being towed has a
gross vehicle weight rating of 10,001 pounds or more, shall require a class A
commercial driver license. Holders of a class A commercial driver license may,
with the appropriate endorsements, operate all vehicles within class B and C.
(b)
Operation of any single vehicle with a gross vehicle weight rating of
26,001 or more pounds, or any such vehicle towing a vehicle with a gross
vehicle weight rating of 10,000 pounds or less, shall require a class B
commercial driver license. Holders of a class B commercial driver license may,
with the appropriate endorsements, operate all vehicles within class C.
(c)
Operation of any single vehicle or any combination of vehicles with a
gross vehicle weight rating of 26,000 pounds or less, which are required to be placarded for hazardous materials or
designed to transport 16 or more persons, including the operator, or
transporting any liquid or gaseous materials within a tank or tanks having an
individual rated capacity of more than 119 gallons and an aggregate rated
capacity of 1,000 gallons or more that is either permanently or temporarily
attached to the vehicle or the chassis, shall require a class C commercial
driver license.
(d) Each holder of a class C commercial
driver license who requests an upgrade to a class B or class A commercial
driver license shall pass the following in the order reflected:
(1) The appropriate knowledge examination(s) set
forth in Saf-C 1805.01(b); and
(2) The road skills examination set forth in
Saf-C 1806.01.
(e) Each holder of a class B commercial
driver license who requests an upgrade to a class A commercial driver license
shall pass the following in the order reflected:
(1) The appropriate knowledge examination(s) set
forth in Saf-C 1805.01(b); and
(2) The road skills examination set forth in
Saf-C 1806.01.
Source. #8405, eff 8-2-05, (formerly Saf-C 1803.03);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART
Saf-C 1805 KNOWLEDGE EXAMINATION
REQUIREMENTS
Saf-C 1805.01 Knowledge Examinations: Description.
(a)
For the purposes of this section, “New Hampshire Commercial Driver’s Manual”
means a guide distributed by the department to all commercial driver license
applicants to assist them in studying for the road skills and written
examinations.
(b)
Knowledge examinations shall consist of the following:
(1)
A 50-question multiple choice general
knowledge test for all applicants;
(2)
A 25-question multiple choice test for
applicants who request to drive vehicles equipped with air brakes;
(3)
A 20-question multiple choice test for
applicants who request to drive combination vehicles;
(4)
A 20-question multiple choice test for
applicants who request to drive double and triple trailers;
(5)
A 20-question multiple choice test for
applicants who request to drive passenger vehicles designed to transport 16 or
more persons, including the operator;
(6)
A 20-question multiple choice test for
applicants who request to drive tank vehicles;
(7)
A 30-question multiple choice test for applicants who request to drive vehicles
which transport hazardous materials requiring placarding; and
(8) A 20-question multiple choice test for
applicants who request to drive school buses designed to transport 16 or more persons, including the operator.
(c)
Each question shall focus on the New Hampshire motor vehicle laws
according to the class of commercial driver license(s) requested by the
applicant as well as the material in the “New Hampshire Commercial Driver’s
Manual.”
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1803.04);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1805.02 Knowledge Examination: Administration.
(a) The passing grade for each knowledge
examination shall be 80 percent.
(b) Each applicant discovered cheating, copying,
or consulting with any person other than authorized licensing personnel shall
be immediately disqualified and re-scheduled for an examination no sooner than
30 days later. Each disqualified applicant shall not be required to repay any fees.
(c) Each applicant for an original commercial
driver license shall pass the knowledge examination prior to taking the road
skills examination.
(d) Knowledge examinations shall be valid for a
period of one year from the date of issue of the individual’s first commercial
driver learner permit.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1803.05); ss
by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.01 Road Skills Examination: Description.
(a)
Prior to scheduling a road skills examination, all new applicants who
did not hold a CDL prior to February 7, 2022, or do not meet exemption
requirements under 49 CFR Part 383 shall complete Entry-level Driver Training Requirements,
pursuant to RSA 259:26, II and 49 CFR 380.600 et. seq.
(b)
The road skills examination shall consist of the following in the order reflected:
(1) Vehicle inspection;
(2) Basic control skills test; and
(3) Road test.
(c) Information on the Road Skills test shall be
available at https://www.dmv.nh.gov/drivers-licensenon-driver-ids/commercial-driver-licenses.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.06);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.02 Vehicle Inspection.
(a)
The department shall determine whether the applicant knows that the
vehicle is safe to drive by requiring each applicant to pass the vehicle safety
inspection test by successfully identifying and inspecting the required
components applicable to the vehicle being tested for. Passing scores for each
class of vehicle shall be no more than the following:
(1) Combination vehicles:
a. Class A: 10 points;
b. Coach or transit Class A: 11 points; or
c. Coach or transit Class B or C: 9 points; and
(2) Straight trucks;
a. Class B or C: 8 points;
b. School bus Class A: 12 points; or
c. School B bus Class B or C: 10 points.
(b)
Notwithstanding (a) above, each applicant shall immediately fail the vehicle
inspection in the event they receive a failing mark in any of the following:
(1) Air brake check;
(2) Performs an unsafe act; or
(3) Fails to follow instructions.
(c)
Each applicant who fails the vehicle inspection test shall not be
permitted to proceed to the basic control skills test portion of the
examination. Each applicant shall inspect the following items in their entirety
on their vehicle if the vehicle is so equipped:
(1) In vehicle components or engine start;
(2) Passenger or school bus components;
(3) Light operations;
(4) Front of vehicle or engine area;
(5) Steering axle;
(6) Side of vehicle;
(7) Rear of vehicle or trailer;
(8) Combination vehicle specific components; and
(9)
Trailer specific components.
Source. #4901, eff 8-3-90; amd by #5764, eff
12-28-93; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04, EXPIRED:
3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.03 Basic Control Skills Test.
(a)
The department shall determine whether the applicant has the basic
ability to control the vehicle by administering the basic control skills test.
The examination shall consist of various exercises marked by lines, traffic
cones, or rope. Each applicant shall pass the basic control skills test in the
event they successfully perform the required maneuvers in their entirety in the
order listed and shall score no more than 8 points:
(1) Forward stop;
(2) Straight-line backing;
(3) Forward offset tracking; and
(4) Reverse offset backing.
(b)
Notwithstanding (a) above, the basic control skills test examination
shall be immediately discontinued and counted as a failure in the event of any
of the following:
(1) Performing an unsafe act; or
(2) Failure to follow instructions.
(c)
Each applicant who fails the basic control skills examination shall not
be permitted to proceed to the road skills portion of the examination.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.04 Road Skills Examination.
(a)
The department shall determine whether the applicant has
the ability to drive safely in a variety of on-the-road situations by
administering a road skills examination.
(b)
The road skills examination shall consist of a qualitative evaluation of
the applicant’s abilities and skills in performing all applicable maneuvers
required for the vehicle being tested for and shall
score no more than 30 points in the following general categories:
(1) Left and right turns, including:
a. Approach;
b. From stop;
c. Turning; and
d. Complete turn;
(2) Driving in urban business area;
(3) Lane changes;
(4) Curves;
(5) Roadside stop and start;
(6) Intersections;
(7) Railroad crossings;
(8) Truck or bus signs;
(9) Expressway or limited access roads;
(10) Student discharge, if applicable; and
(11) General driving.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.05 Road Skills Examination Failure.
(a)
The examination shall be immediately discontinued and counted as a
failure in the event of any of the following:
(1) Applicant did not use a safety belt;
(2)
Applicant performed a moving violation
or disobeyed signs, signals;
(3) Applicant did not yield to pedestrians or
other road users;
(4) Applicant is involved in an avoidable
accident, incident, or dangerous act;
(5)
Applicant put vehicle over sidewalk or
curb; or
(6)
Applicant performed other
unsafe act as determined and described by examiner.
(b)
For the purposes of this section, it shall be considered a failure when
an applicant fails to appear for a scheduled road skills examination without
canceling or otherwise notifying the division within 24 hours of the
examination.
Source. #8405, eff 8-2-05, (formerly Saf-C 1803.07);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.06 Road Skills Examination Vehicle.
(a)
The applicant shall provide the test vehicle for completion of the road
skills examination.
(b)
Test vehicles shall comply with all
(c)
The vehicle’s size, weight, character, and equipment shall conform with
the class of commercial driver license requested. The weight of the primary
vehicle and any pulled unit shall have a manufacturer affixed label indicating
the gross vehicle weight or be accompanied by a certificate verifying gross
weight.
(d)
Cargo areas shall be completely empty at the time of the test.
(e) Tank vehicles used for
transporting hazardous material shall be accompanied by a written certification
confirming the tank has been cleaned of all residual hazardous material and
purged of all vapors prior to test day.
(f)
The vehicle shall provide the examiner with a permanently attached seat
which allows the examiner accessibility to vehicle control mechanisms.
(g)
No person shall be allowed to ride in the test vehicle during a road
skills examination, other than the applicant, the examiner, and, if applicable,
an examiner in training.
Source. #8405, eff 8-2-05, (formerly 1803.08); ss by
#10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.07 Re-Examination After Failure.
(a)
In the event an applicant fails to complete a knowledge examination or
road skills examination prescribed herein, no further examinations shall be
administered on that date unless, upon the request of the applicant, the
director determines that:
(1) The reason(s) for
failure are unlikely to be repeated without further education or practice; and
(2) There are sufficient staff and time available
for retesting on that date.
(b)
The applicant shall be advised of the specific reason(s) for failure and the director shall designate a subsequent date
for a re-examination, which shall be no sooner than 5 days after failure of the
examination.
(c)
Each applicant may apply to be re-examined on form DSMV 329.
(d)
Each applicant shall furnish the following on form DSMV 329:
(1) Legal name;
(2) Legal address;
(3) Mailing address;
(4) Social security number, if required pursuant
to RSA 263:90(d);
(5) Date of birth and sex of applicant;
(6) Class(es) of commercial driver license
requested;
(7) Endorsement(s) requested; and
(8) Signature of the applicant and date signed.
Source. #8405, eff 8-2-05 ss by #10523, eff 2-18-14,
EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1806.08 CDL Waiver for Certain Military Applicants.
(a) Notwithstanding any other rule to the contrary,
the road skill examination set forth above, shall be waived if the applicant
completes and submits a “Test Waiver Military Application (DSMV 609)”, (Rev.
09/2024).
(b) Applicants submitting form
DSMV 609 shall sign and date the form, and in doing so, shall certify under the
penalties of perjury that the information on the form is true and correct to
the best of the applicant’s knowledge, information, and belief.
(c)
The applicant submitting form DSMV 609 shall also obtain their
commanding officer’s certification of the applicant’s commercial driving
experience on form DSMV 609.
(d)
The commanding officer shall sign and date form DSMV 609, and in doing
so, shall certify under the penalties of unsworn falsification, pursuant to RSA
641:3, that the applicant named in part 1 is or was assigned in a job or
assignment requiring operation of a commercial motor vehicle that the
information the commanding officer provided is correct.
(e) If all requirements in (a) through (d)
are satisfied, military applicants from the following military occupational specialties
or occupation classifications shall be eligible for a knowledge test waiver if
the most recent experience with the vehicle type for which the waiver is being
sought occurred within the last year:
(1) U.S. Army:
a. 88M – Motor
Transport Operator;
b. 92F – Fueler;
or
c. 14T –
Patriot Launching Station Operator;
(2) U.S. Marine Corps, 3531 – Motor Vehicle
Operator;
(3) U.S. Navy, EO – Equipment Operator; or
(4) U.S. Air Force:
a. 2T1 –
Vehicle Operator;
b. 2F0 – Fueler;
or
c. 3E2 –
Pavement and Construction Equipment Operator.
Source. #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART
Saf-C 1807 COMMERCIAL DRIVER LICENSE
RESTRICTIONS
Saf-C 1807.01 Commercial Driver License Restrictions.
(a)
In addition to the restrictions set forth in RSA 263:13 and Saf-C 1008,
a restriction for air brakes
shall
be applicable to commercial drivers.
(b)
Each applicant’s commercial driver license shall indicate that the
driver is restricted from driving a
commercial
motor vehicle equipped with air brakes in the following situations:
(1) The applicant has failed the knowledge
examination set forth in Saf-C 1805.01(b)(2); or
(2)
The applicant has not previously passed
the road skills examination set forth in Saf-C 1806.01 in a vehicle equipped
with air brakes.
(c)
For the purposes of the road skills examination, brakes which operate
fully or partially as air
brakes
shall satisfy the air brake requirement.
(d)
If an applicant
performs the skills test in a vehicle equipped with air over hydraulic brakes,
that
person
shall be restricted from operating a CMV equipped with any braking system
operating fully on the air
brake
principle.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1804.01);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1807.02 Removal of Commercial Driver License
Restriction.
(a)
Each driver who requests to have a restriction removed from their commercial
driver license
shall
comply with the provisions of Saf-C 1008.07.
(b) Each commercial
driver who requests removal of a restriction shall furnish to the division the
following on form DSMV 329:
(1) Legal name;
(2)
Legal address;
(3) Mailing address;
(4) Date of birth;
(5) Social security number, if required pursuant
to RSA 263:90, I(d);
(6) Indication of the restriction to be removed;
and
(7) Signature of the applicant and date signed.
(c)
Upon the receipt of the completed form DSMV 329 by the division, the
applicant shall pass:
(1) The knowledge examination set forth in Saf-C
1805.01(b)(2); and
(2) The road skills examination set forth in
Saf-C 1806.01.
(d)
In the event the applicant successfully passes the restriction removal
requirements, the director shall issue a new commercial driver license.
Source. #8405, eff 8-2-05, (formerly Saf-C 1804.02);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART Saf-C 1808 SUSPENSION OF COMMERCIAL DRIVER LICENSE OR
ENDORSEMENT(S)
Saf-C 1808.01 Hearings.
(a)
Prior to the suspension of a commercial driver license or
endorsement(s), or the disqualification of a person from driving a commercial motor
vehicle, a person shall be given notice and the opportunity for an
administrative hearing.
(b)
Notwithstanding (a) above, if the director disqualifies or suspends any
person from driving a commercial motor vehicle pursuant to RSA 263:94 or any
rules adopted pursuant to that statute, such person may make written
application for a hearing and the department shall grant a hearing within 15
days after the filing of their application.
(c)
All hearings shall be conducted in accordance
with the provisions of Saf-C 200.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.01);
ss by #10523, eff 2-18-14; ss by 13442, eff 8-29-22; ss by #13620, eff 4-25-23;
ss by #14100, eff 10-18-24, EXPIRES: 10-18-34
Saf-C 1808.02 Suspension of Endorsement(s) - Good Cause.
(a) Each driver who has been issued a
commercial driver license endorsement shall have such endorsement suspended for
good cause.
(b)
For the purposes of (a) above, “good cause” shall include:
(1) A determination that the driver does not
possess the skills necessary to drive a commercial motor vehicle with a
particular endorsement, based upon the involvement of the driver in a motor
vehicle accident;
(2) A determination that the driver does not
possess the skills necessary to drive a commercial motor vehicle with a
particular endorsement, based upon traffic violations committed by the driver;
or
(3) A determination that the driver has committed
any of the listed offenses in Saf-C 1809.02(a) while operating a non-commercial
vehicle.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.02);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1808.03 Length of Suspension.
(a) For the purposes of Saf-C 1808.02(b)(2), an endorsement shall be suspended for convictions of serious
traffic violations listed in RSA 259:98-a and committed during a 3-year period
as follows:
(1) Upon conviction of a second violation, 60
days; and
(2) Upon conviction of a third or subsequent
violation, 120 days.
(b) The suspensions pursuant to this section
shall be imposed consecutively.
(c) When the serious offenses resulting in the
disqualification listed in Saf-C 1808.03(a) occur in a non-CMV, the
disqualification shall only be applied provided the conviction results in the
revocation, cancellation, or suspension of the driver’s driver’s
license, including a commercial driver license or commercial endorsement.
(d) For the purposes of Saf-C 1808.02(b)(2), an endorsement shall be suspended for convictions or
instances listed in RSA 263:94 as follows:
(1) Upon a first conviction or instance, a
disqualification of one year; and
(2) Upon a second conviction or instance, a
disqualification for life.
(e) Notwithstanding the foregoing, the driver may
petition for the return of the CDL endorsement not less than 10 years after the
lifetime disqualification provided the driver meets all the requirements set
forth in Saf-C 1808.05. No driver shall be restored from a lifetime
disqualification more than once.
(f) If any first conviction or first instance
listed in Saf-C 1808.03(d) occurs while the driver is transporting hazardous
materials, the disqualification shall be for 3 years.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.03);
ss by #10523, eff 2-18-14; amd by #12608, eff 8-22-18;
ss by #13442, eff 8-29-22; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C
1808.04 Lifetime Disqualifications.
Notwithstanding any rules in
this part to the contrary:
(a) If a driver operates a motor vehicle and is
convicted of using the vehicle in the commission of a felony involving
manufacturing, distributing, or dispensing a controlled substance, as defined
by RSA 318-B:1, the driver shall be disqualified from operating a commercial
motor vehicle for life and shall not be subject to reinstatement; and
(b) If a driver operates a motor vehicle and is
convicted of using a commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of trafficking in persons, as
defined and described in 22 U.S.C. 7102(11), the driver shall be disqualified
from operating a commercial motor vehicle for life and shall not be subject to
reinstatement.
Source. #13442, eff 8-29-22; ss
by #14100, eff 10-18-24, EXPIRES: 10-18-34
Saf-C 1808.05 Request for Reinstatement 10 Years After
Lifetime Disqualification.
(a) A person who has been disqualified from
driving a commercial motor vehicle for life pursuant to RSA 263:94, III may
apply for a hearing in accordance with the provisions of Saf-C 200 to reinstate
their commercial driver license, not less than 10 years after disqualification.
(b) A hearings examiner shall determine whether a
person who has requested a hearing pursuant to (a) above, has demonstrated good
cause for their commercial driver license to be reinstated.
(c) For the purposes of (b) above, “good cause”
shall include:
(1) A review of the person’s driver record in this state or any other jurisdiction for the 10
years preceding the date of application for reinstatement that shows no
violations under (d) below;
(2) Evidence of completion of an approved driver
attitude program as provided in Saf-C 7508.10 and Saf-C 7508.11, with a
completion date of not less than 3 months preceding the date of application for
reinstatement. Satisfactory evidence
shall be a certificate from one of the program providers approved by the
director. A list of approved providers
shall be available at https://www.dmv.nh.gov/tickets-accidents-or-restorations/driver-improvement-courses;
(3) If
an alcohol education program was required as a result of a conviction that
caused the lifetime disqualification, evidence in the form of a completion
certificate from an approved impaired driver care management program (IDCMP)
approved by the New Hampshire department of health and human services, or an
out-of-state program meeting the requirements of He-A 506; and
(4) If a required alcohol education program
pursuant to (c)(3) above was completed more than 6 months preceding the date of
application for reinstatement, evidence of an updated low risk evaluation. Evidence
shall be in the form of a written report from a licensed alcohol and drug
counselor in New Hampshire or an individual holding an equivalent licensed
professional designation from another state.
(d) A person shall not be eligible for
reinstatement of their commercial driver license pursuant to this section if a
review of the driver record pursuant to (c)(1) above
shows the following:
(1) A conviction for an offense involving the
operation of a commercial motor vehicle;
(2) A
conviction or administrative suspension for an offense involving alcohol,
controlled substances, or inhalants in any motor vehicle;
(3) A conviction for conduct after an accident in
any motor vehicle;
(4) A conviction for reckless operation in any
motor vehicle;
(5) A felony conviction involving the operation
of any motor vehicle; or
(6) A revocation of driving privileges as a result of being a habitual offender pursuant to RSA
259:39 and RSA 262:19.
(e) If a person, after a
hearing, is determined to be eligible for reinstatement pursuant to this
section, they shall:
(1) Meet all the requirements of Saf-C 1803;
and
(2) Meet the examination requirements set forth
in Saf-C 1804.01.
Source. #12608, eff 8-22-18; renumbered by #13442
(formerly Saf-C 1808.04); ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1808.06 RSA 265-A:25,
Commercial Driver License Hearing.
(a) Upon
receipt of the report required by RSA 265-A:25, IV, the financial
responsibility administrator or a hearings examiner shall review the document
to ensure the basic elements required by law have been met.
(b) Provided the report conforms to statute, the
department shall forward to the person a notice of action advising the person
of the revocation of their commercial driver license or privileges for a
minimum of one year, or a lifetime revocation, effective immediately.
(c) For the purposes of
determining a one-year minimum or lifetime revocation, the following shall
apply:
(1) If a person has no prior refusals or test
results under this section subsequent to September 30,
2005, the commercial driver license or operating privileges shall be revoked
for a minimum of one year; and
(2) If a person has a prior refusal or test
results under this section subsequent to September 30,
2005, the commercial driver license or operating privilege shall be revoked for
life, with an opportunity for a review after 10 years.
(d) If the report indicates test results of .04
blood alcohol content (bac) to less than .08 bac, or the driver refused the
test, only the commercial driver license or privileges shall be affected. If there are no other suspensions or
revocations in effect, the person shall be immediately eligible for a
noncommercial operator's driver license, pursuant to RSA 263:42, I.
(e) The person may request a hearing pursuant to
RSA 265-A:25 by submitting a written request to the bureau of hearings, which shall
be received by the bureau within 30 days from the date of notice for a hearing
to be scheduled. Such a request shall
not delay, postpone, or otherwise interrupt the revocation.
(f) The law enforcement officer, who forwarded
the report required by RSA 265-A:25, IV, shall be notified of the date, time,
and location of the hearing and shall be required to appear and produce
relevant evidence.
(g) If a report indicates test results of .04
blood alcohol content (bac) to less than .08 bac, or the driver refused the
test, the scope of the hearing shall be as specified in RSA 265-A:31, except
that the provisions of RSA 265-A:25, IV shall be substituted for RSA 265-A:31,
II(d).
(h) If a report indicates test results greater
than (g), above, or if the report indicates that the driver was under age 21 at
the time of the offense and the test results were greater than .04 bac, the
scope of the hearing shall be as specified in RSA 265-A:31.
(i) If the suspension
is upheld in (h), above, the penalty shall be imposed as follows:
(1) The driver license shall be suspended as
specified in RSA 265-A:30, II(a) and (b); and
(2) The commercial driver license shall be suspended
as specified in RSA 263:94.
(j) The hearings examiner’s order shall be
forwarded to the person concerned, or their legal counsel, within 15 calendar
days after conclusion of the hearing.
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; ss by
#12608, eff 8-22-18 (formerly Saf-C 204.11); ss by #13442, eff 8-29-22 (formerly
Saf-C 1808.05); ss by #14100, eff 10-18-24, EXPIRES:
10-18-34
Saf-C 1808.07 Suspension of a New Hampshire Nonresident
Commercial Driver License. Upon
notification from a court that a New Hampshire nonresident commercial driver
license holder has been convicted of a violation set forth in RSA 263:94, the
commissioner shall issue a notice of suspension to the licensee at the last
known address for the time period specified under RSA 263:94.
Source. #8405, eff 8-2-05 (formerly Saf-C 1805.04);
ss by #10523, eff 2-18-14; ss by #12608, eff 8-22-18 (formerly Saf-C 204.12);
renumbered by #13442 (formerly Saf-C 1808.06; ss by #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1808.08 Suspension for False Information. In the event the department
determines that an applicant has misrepresented or falsified information on their
application which would or did enable them to obtain a commercial driver
license or endorsement(s), the department, after giving notice and the
opportunity for an administrative hearing, shall suspend the commercial driver
license, if applicable, or disqualify the applicant from driving a commercial
motor vehicle, for a period of 90 days.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.04);
ss by #10523, eff 2-18-14; renumbered
by #12608 (formerly Saf-C 1808.04); renumbered by #13442 (formerly Saf-C
1808.07); EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART
Saf-C 1809 TRAFFIC VIOLATIONS
Saf-C 1809.01 Notification Required by Commercial Driver.
(a)
Pursuant to RSA 263:84, each commercial driver shall notify the
department within 30 days of the date of conviction for a violation of a
traffic law, other than a parking violation.
(b)
For the purposes of (a) above, each commercial driver shall notify the
department of the following:
(1) Legal name and permanent address;
(2) Driver license number;
(3) Description of violation;
(4) Date of violation;
(5) Date of conviction;
(6) State where the violation occurred;
(7) Name of court;
(8) Fine imposed;
(9) Sentence imposed, to include any revocation,
if applicable;
(10) Whether the vehicle weighed 26,001 pounds or
more at the time of the violation;
(11) Whether the vehicle driven at the time of the
violation was a bus;
(12) Whether hazardous materials were being
transported at the time of the violation; and
(13) Signature of driver and date signed.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.01);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1809.02 Serious Traffic Violations. For the purposes of RSA 259:98-a, the following
convictions shall be considered serious traffic violations:
(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 without having obtained a commercial driver license;
(f)
Driving without having a valid commercial driver license in possession;
(g)
Any violation of state traffic laws arising in connection with a fatal
accident;
(h)
Driving a CMV without the proper class of CDL or endorsements for the
specific vehicle group being operated or for the passengers or type of cargo
being transported; and
(i) Any violation of RSA 265:79-c. For purposes of this paragraph only, a
violation shall not include operating a commercial motor vehicle when the
driver has moved the vehicle to the side of, or off, a highway and has halted
in a location where the vehicle can safely remain stationary.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.02);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Saf-C 1809.03 Notification of Traffic Violations by
Court.
(a)
Pursuant to RSA 263:97, I(a), the clerk of court having jurisdiction
shall notify the department of the conviction of any resident or non-resident
commercial driver.
(b)
For the purposes of (a) above, the clerk of court shall notify the
department of the following:
(1) Docket number;
(2) Name of court;
(3) Driver’s legal name and permanent address;
(4) Date of violation;
(5) Motor vehicle registration;
(6) Description of vehicle;
(7) Violation(s) committed;
(8) RSA violated;
(9) Name of complainant;
(10) Plea;
(11) Finding; and
(12) Sentence imposed.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.03);
ss by #10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
PART
Saf-C 1810 COMMERCIAL DRIVER LEARNER
PERMIT
Saf-C 1810.01 Commercial Driver Learner Permit. A commercial driver learner permit shall be
issued by the department, in accordance with the provisions of RSA 263:25 and
RSA 263:88.
Source. #8405, eff 8-2-05 (formerly 1807.01); ss by
#10523, eff 2-18-14, EXPIRED: 2-18-24
New. #13963,
EMERGENCY RULE, eff 5-13-24; ss by #14100, eff 10-18-24,
EXPIRES: 10-18-34
Appendix
|
Rule |
Specific State or Federal Statute or Regulation the
Rule Implements |
|
Saf-C 1801.01 |
RSA 259:12-e; RSA 263:82 |
|
Saf-C 1801.02 |
RSA 21-P:14, IV(m); RSA 263:98, VI, RSA 259:84-a |
|
Saf-C 1802.01 |
RSA 541-A:7 |
|
Saf-C 1802.02 |
RSA 259:12 |
|
Saf-C 1802.03 |
RSA 259:12-b |
|
Saf-C 1802.04 |
RSA 259:12-c |
|
Saf-C 1802.05 |
RSA 259:12-d |
|
Saf-C 1802.06 |
RSA 259:12-e |
|
Saf-C 1802.07 |
RSA 259:14, II |
|
Saf-C 1802.08 |
RSA 259:19 |
|
Saf-C 1802.09 |
RSA 259:20 |
|
Saf-C 1802.10 |
RSA 259:20-a |
|
Saf-C 1802.11 |
RSA 259:22 |
|
Saf-C 1802.12 |
RSA 259:28-a |
|
Saf-C 1802.13-Saf-C 1802.14 |
RSA 541-A:7 |
|
Saf-C 1802.15 |
RSA 259:38-a |
|
Saf-C 1802.16 |
RSA 259:38-b |
|
Saf-C 1802.17 |
RSA 259:40 |
|
Saf-C 1802.18 |
RSA 263:94, I |
|
Saf-C 1802.19-Saf-C 1802.22 |
RSA 541-A:7 |
|
Saf-C 1802.23 |
RSA 259:84-a |
|
Saf-C 1802.24 |
RSA 21:6-a |
|
Saf-C 1802.25 |
RSA 21:6 |
|
Saf-C 1802.26 |
RSA 259:98-a |
|
Saf-C 1802.27 |
RSA 259:106, III |
|
Saf-C 1802.28 |
RSA 541-A:7; 49 CFR 171.8 |
|
Saf-C 1802.29 |
RSA 259:122, I |
|
Saf-C 1802.30 |
RSA 541-A:7 |
|
Saf-C 1803.01-Saf-C 1803.02 |
RSA 21-P:14, IV (m); RSA 263:90 |
|
Saf-C 1803.03 |
RSA 21-P:14, IV(m); RSA 263:11; RSA 263:42, I |
|
Saf-C 1803.04 |
RSA 21-P:14, IV(m); RSA 263:93; RSA 263:98, X; 49 CFR
383.141 |
|
Saf-C 1803.05 |
RSA 21-P:14, IV(m); RSA 21-P:18; RSA 263:22; RSA
263:27; 49 CFR 391.11 |
|
Saf-C 1803.06 |
RSA 21-P:14, IV(m); RSA 263:86, II |
|
Saf-C 1803.07 |
RSA 21-P:14, IV(m); RSA 541-A:29 |
|
Saf-C 1803.08 |
RSA 21-P:14, IV(m); RSA 263:98, III |
|
Saf-C 1803.09 |
RSA 21-P:14, IV(m); RSA 263:90; RSA 263:93 |
|
Saf-C 1804.01 |
RSA 21-P:14, IV(m); RSA 263:87; RSA 263:92; RSA 263:93 RSA 263:98, III, X; 49 CFR 383.141 |
|
Saf-C 1804.02 |
RSA 21-P:14, IV(m); RSA 263:87; RSA 263:92; RSA
263:93-c; RSA 263:98, III, X |
|
Saf-C 1804.03 |
RSA 21-P:14, IV(m); RSA 263:87; RSA 263:92; RSA
263:98, III, X |
|
Saf-C 1805.01 - Saf-C1805.02 |
RSA 21-P:14, IV(m); RSA 263:98, III |
|
Saf-C 1806.01 |
RSA 21-P:14, IV(m); RSA 263:98, III; 49 CFR 380 & 383 |
|
Saf-C 1806.02 – Saf-C 1806.06 |
RSA 21-P:14, IV(m); RSA 263:98, III |
|
Saf-C 1806.07 |
RSA 21-P:14, IV(m); RSA 263:90, I (d); RSA 263:98, III |
|
Saf-C 1806.08 |
RSA 21-P:14, IV(m); RSA 263:98, III, VI; 49 CFR
383.3(c); 49 CFR 383.51 (b)(c) |
|
Saf-C 1807.01 |
RSA 21-P:14, IV(m); RSA 263:13; RSA 263:92; RSA
263:98, X |
|
Saf-C 1807.02 |
RSA 21-P:14, IV(m); RSA 263:13; RSA 263:90, I(d); RSA
263:91, I; RSA 263:98, X |
|
Saf-C 1808.01 |
RSA 263:94, VII; RSA 541-A:30 |
|
Saf-C 1808.02 |
RSA 21-P:14, IV(m); RSA 263:92; RSA 263:94; RSA
263:98, X |
|
Saf-C 1808.03 |
RSA 263:82: RSA 259:98-a; RSA 263:94 |
|
Saf-C 1808.04 |
RSA 318-B:1; 22 U.S.C. 7102(11) |
|
Saf-C 1808.05 |
RSA 21-P:14, IV(m); RSA 263:94, III, IV; RSA 259:39;
RSA 262:19; RSA 265-A:25 |
|
Saf-C 1808.06 |
RSA 265-A:25, IV; RSA 263:42, I; 265-A:31; RSA
265-A:31, II(d); RSA 265-A:30, II(a) and (b); RSA 263:94 |
|
Saf-C 1808.07 |
RSA 21-P:14, IV (m), RSA 263:89; RSA 263:94; RSA
541-A:29 |
|
Saf-C 1808.08 |
RSA 21-P:14, IV (m); RSA 263:94, VI(d) |
|
Saf-C 1809.01 |
RSA 21-P:14, IV(m); RSA 263:84; RSA 263:98, I |
|
Saf-C 1809.02 |
RSA 21-P:14, IV(m); RSA 259:98-a; RSA 263:98, VII; RSA
265:24; RSA 265:25; RSA 265:44; RSA 265:45; RSA 265:60; RSA 265:79; RSA
265:79-c |
|
Saf-C 1809.03 |
RSA 21-P:14, IV(m); RSA 263:97, I(a); RSA 263:97; RSA
263:98, II |
|
Saf-C 1810.01 |
RSA 21-P:14, IV(m); RSA 263:25; RSA 263:88 |