CHAPTER Saf-C 2500 MOTOR VEHICLE EQUIPMENT WAIVER
Statutory
Authority: RSA 266:58-a, IV; RSA
266:61-a, VIII
PART Saf-C
2501 DEFINITIONS
Saf-C 2501.01 "After market tinting" means any
window tinting applied on the windshield or on the windows to the left and
right of the driver after original manufacture of the motor vehicle.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by #10083, eff
1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM, eff 3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2501.02 "Applicant" means any person
with a medical condition pursuant to Saf-C 2503.02 who applies for a medical
waiver of the after market
tinting restriction pursuant to Saf-C 2502.01.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM, eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C
2501.03 "Commissioner" means
"commissioner" as defined in RSA 259:13.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C
2501.04 "Department" means "department"
as defined in RSA 259:19.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2501.05 “Director”
means “director” as defined in RSA 259:20.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2501.06 “Division”
means “division” as defined in RSA 259:22.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2501.07 “Lasting
medical necessity” means after market tinting
that will alleviate a medical condition defined in Saf-C 2501.08, the latter of
which is likely to last for at least 4 years.
Source.
#14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2501.08 "Medical condition" means a
disease or ailment aggravated by exposure to the sun for which applicants may
obtain a waiver of the after market
tinting restriction if they qualify pursuant to this chapter.
Source.
#10083, eff 1-31-12 (from Saf-C 2501.05); ss by #13416, eff 7-25-22; ss
by #14218, INTERIM, eff 3-25-25, EXPIRES: 9-21-25; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35 (formerly Saf-C 2501.07)
Saf-C 2501.09 “Medical provider” means a physician
licensed to practice medicine in any state of the United States.
Source.
#13416, eff 7-25-22; ss by #14218, INTERIM, eff 3-25-25, EXPIRES:
9-21-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35 (formerly Saf-C 2501.08)
Saf-C 2501.10 "Motor
vehicle" means "motor vehicle" as defined in RSA 259:60.
Source.
#10083, eff 1-31-12 (from Saf-C 2501.06); #13416, eff 7-25-22 (formerly
Saf-C 2501.08); ss by #14382, eff 9-20-25, EXPIRES: 9-20-35 (formerly Saf-C
2501.09)
PART Saf-C 2502 AFTER MARKET TINTING RESTRICTION
Saf-C 2502.01 After
Market Tinting Restriction. No motor vehicle registered in New Hampshire
shall be sold, inspected, or driven on any way in New Hampshire which has after market tinting as defined in Saf-C 2501.01 except as
allowed by RSA 266:58-a or this chapter.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM, eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2502.02 Tinted
Strip on Windshield. Pursuant to RSA 266:58-a, V, a strip
of after market tinting shall not be prohibited
as long as the strip:
(a) Is not
wider than 6 inches; and
(b) Has a light
transmittance of not less than 35 percent.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2502.03 Tinted
Windows to the Left and Right of the Driver. Pursuant to RSA 266:58-a, III,
after market tinting on the windows to the left and
right of the driver shall not be prohibited as long as
the windows have a light transmittance of not less than 70 percent.
Source.
#13416, eff 7-25-22; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
PART Saf-C 2503 MEDICAL WAIVER OF AFTER MARKET TINTING
RESTRICTION
Saf-C 2503.01 Qualification.
Pursuant to RSA 266:58-a, III-a, individuals may apply for a medical waiver of
the after market tinting
restriction set forth in Saf-C 2502.01 if they have a medical condition as
listed in Saf-C 2503.02.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2503.02 Medical
Conditions. Medical conditions for which a waiver shall be
granted include:
(a) Extreme
intolerance to light;
(b) Allergic
reactions to the sun;
(c) Melanoma;
(d) Lupus;
(e) Porphyria;
or
(f) Any other
medical condition which is aggravated by exposure to the sun.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2503.03 Form DSMV
603 (Rev. 9/2025) Application for Medical Waiver of
After Market Tinting Restriction.
(a) All applicants for a waiver of the after market tinting restriction
shall submit form DSMV 603 (Rev. 9/2025), “Application For
Medical Waiver of After Market Tinting Restriction,” to the Division of Motor
Vehicles, Director’s Office, 23 Hazen Drive, Concord, NH 03305, with applicable
section completed by their medical provider within the last 6 months.
(b) The medical provider shall provide the
following information regarding the form DSMV 603 (Rev. 9/2025):
(1) Name and description of the medical condition;
(2) A statement how a
tinted windshield or tinted windows to the left and right of the driver will
alleviate the medical condition; and
(3) Certification that:
a. Sunglasses or other protective equipment will
not alleviate the medical condition;
b. A tinted windshield or tinted windows to the
left and right of the driver are recommended due to the applicant’s medical condition;
c. The applicant is under the medical provider’s
treatment and care;
d. In the medical provider’s professional
opinion, the applicant requires a medical waiver for window tinting as defined
under RSA 266:58-a and Saf-C 2500; and
e. In the medical provider’s professional
opinion whether the medical condition is likely to last at least 4 years.
(c) The applicant shall submit a copy of the
registration(s) of the motor vehicle(s) to which the after market tinting will be affixed, along with form
DSMV 603 (Rev. 9/2025).
(d) If an applicant’s legal guardian is applying
on the applicant’s behalf, a copy of the entire order that shows the powers
granted to the legal guardian shall be provided at the time of application.
(e) The registered owner(s) of the vehicle(s) to
which the after market
tinting will be affixed shall sign the application.
(f) Within 20 days of receiving the application,
the director shall respond to the applicant either granting the waiver or
denying it.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff
3-25-25, EXPIRES: 9-21-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2503.04 Procedure
for Granting a Medical Waiver. Pursuant to RSA 266:61-a, the director shall
waive the after market
tinting restriction when:
(a) Form DSMV 603 (Rev. 9/2025) is received by the
director pursuant to the requirements of Saf-C 2503.03; and
(b) The director reviews form
DSMV 603 (Rev. 9/2025) and determines that:
(1) The applicant has a medical condition set
forth in Saf-C 2503.02; and
(2) The requirements of Saf-C 2503.03 have been
satisfied.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by
#14218, INTERIM., eff 3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2503.05 Permit.
(a) Upon granting a waiver, the director shall
issue a permit to the applicant.
(b) The permit shall be form DSMV 473 (Rev. 9/2025)
“Permit for Medical Waiver of After Market Tinting Restriction.”
(c) The applicant shall sign form DSMV 473 (Rev. 9/2025).
If the applicant is a minor or has a legal guardian, the applicant’s parent or
legal guardian shall sign the form on behalf of the applicant.
(d) The registered owner of the vehicle on which
the after market tinting is
permitted, if different from the applicant, shall sign form DSMV 473 (Rev. 9/2025)
to acknowledge that the vehicle referenced on the permit has been authorized to
have a tinted windshield and tinted windows to the left and right of the
driver.
(e) The applicant shall be issued a permit for no
more than 2 vehicles.
(f) The permit shall contain the name of the
registered owner of the vehicle on which the after market tinting is permitted, if different from
the applicant.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2503.06 After Market Tinting Requirements After
Medical Waiver Granted. An applicant who has been issued a permit by the
director shall use after market
tinting with a light transmittance of not less than 35 percent.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-25-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2503.07 Expiration
Date. A permit shall expire 2 years from its date of issuance, unless a medical provider certifies a lasting medical necessity, in
which case the waiver shall expire 4 years from its date of issuance.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
PART Saf-C 2504 DENIAL OF MEDICAL WAIVER
Saf-C 2504.01 Medical
Waiver Denied. If an applicant is denied a medical waiver, the
director shall state in writing the reasons for the denial and mail it to the
applicant.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
Saf-C 2504.02 Appeal
Process. Any person whose application has been denied shall have
the right to appeal pursuant to RSA 541.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
PART Saf-C 2505 ENFORCEMENT
Saf-C 2505.01 Permit in Motor
Vehicle. The permit authorizing after market
tinting shall remain in the motor vehicle on which the after market tinting is permitted
at all times.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2505.02 Inspection
of Motor Vehicle. An inspection station shall reject any motor vehicle
which has after market tinting as defined in Saf-C 2501.01 unless the driver displays a valid
form DSMV 473 (Rev. 9/2025) for that registered motor vehicle.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by #10083, eff
1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff 3-25-25; ss by
#14382, eff 9-20-25, EXPIRES: 9-20-35
Saf-C 2505.03 Presentation of
Permit Upon Request. A person shall present a valid form DSMV 473 (Rev. 9/2025)
upon request of:
(a) Any law enforcement officer; or
(b) Any inspection station which inspects the
motor vehicle.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14218, INTERIM., eff
3-25-25; ss by #14382, eff 9-20-25, EXPIRES: 9-20-35
25; ss by #14382, eff 9-20-25, EXPIRES:
9-20-35
PART Saf-C 2506 RENEWAL
Saf-C 2506.01 Renewal
Process. All individuals with a medical waiver shall renew their permits:
(a) During the
month before the expiration date; and
(b) Following
the procedures set forth in PART Saf-C 2503.
Source. #4974,
eff 11-13-90; ss by #6204, eff 3-15-96, EXPIRED: 3-15-04
New. #8072, eff 4-23-04; ss by
#10083, eff 1-31-12; ss by #13416, eff 7-25-22; ss by #14382, eff 9-20-25,
EXPIRES: 9-20-35
APPENDIX
|
RULE NUMBER |
STATUTE IMPLEMENTED |
|
|
|
|
Saf-C 2501.01 –
Saf-C 2501.02 |
RSA 260:5 |
|
Saf-C
2501.03 |
RSA
259:13 |
|
Saf-C
2501.04 |
RSA
259:19 |
|
Saf-C
2501.05 |
RSA
259:20 |
|
Saf-C
2501.06 |
RSA
259:22 |
|
Saf-C 2501.07 |
RSA 260:5; RSA 266:61-a, VII |
|
Saf-C 2501.08 |
RSA 260:5 |
|
Saf-C
2501.09 |
RSA 260:5 |
|
Saf-C
2501.10 |
RSA 259:60 |
|
Saf-C 2502.01 |
RSA 266:58-a, IV |
|
Saf-C
2502.02 |
RSA 266:58-a, IV and V |
|
Saf-C 2502.03 |
RSA 266:58-a, III and IV |
|
Saf-C
2503.01 |
RSA 266:58-a, III-a and IV; RSA 266:61-a, IX |
|
Saf-C 2503.02 |
RSA 266:58-a, III-a and IV; RSA 266:61-a, IX |
|
Saf-C 2503.03(a),(b)(1)-(3)(d), and (c)-(f) |
RSA 266:58-a, III-a and IV; RSA 266:61-a, IX |
|
Saf-C 2503.03(b)(3)(e) |
RSA 266:58-a, III-a and IV; RSA 266:61-a, VII and IX |
|
Saf-C 2503.04 – Saf-C 2503.06 |
RSA 266:58-a,
IV; RSA 266:61-a, IX |
|
Saf-C
2503.07 |
RSA 266:58-a, IV; RSA 266:61-a, VII and IX |
|
Saf-C
2504.01 - Saf-C 2504.02 |
RSA 266:58-a, IV; RSA 266:61-a, IV and IX |
|
Saf-C 2505.01 |
RSA 266:58-a, IV; RSA 266:61-a, V and IX |
|
Saf-C 2505.02 - Saf-C
2506.01 |
RSA 266:58-a,
IV; RSA 266:61-a, IX |