Saf-C 4100 Add Truck Wgts

CHAPTER Saf-C 4100 CERTIFICATION FOR ADDITIONAL TRUCK WEIGHTS

Statutory Authority: RSA 266:18-d, VI

PART Saf-C 4101 DEFINITIONS

Saf-C 4101.01 "Commissioner" means “commissioner” as defined in RSA 259:13.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.02 "Department" means “department” as defined in RSA 259:19.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, eff EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.03 "Final-stage manufacturer" means a person who performs such manufacturing operations on a vehicle that it requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.04 “Law enforcement officer” means a law enforcement employee of the department pursuant to RSA 266:1 and RSA 266:1-a.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.05 "Tractor" means "tractor" as defined in RSA 259:108.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.06 "Trailer" means "trailer" as defined in RSA 259:113.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

Saf-C 4101.07 "Vehicle" means a power unit or tractor as defined in RSA 259:108 or a single unit vehicle as defined in RSA 259:100-a.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190, eff 9-22-16

PART SAF-C 4102 CERTIFICATION PROCESS

Saf-C 4102.01 Application for Certification for Additional Truck Weights.

(a) An owner or lessee of a vehicle shall be eligible for an additional registration which authorizes the driving of a vehicle in accordance with the limits established by RSA 266:18, Table III and RSA 266:18-b.

(b) Each applicant for certification for additional truck weights shall submit form RDMV 105 to the department, along with the appropriate fee set forth in RSA 266:18-d, II.

(1) Name and address of owner or lessee;

(2) Date of birth of owner or lessee;

(3) Plate number, plate type and date of expiration;

(4) Name and address of manufacturer of the vehicle;

(5) Year of manufacture;

(6) Make;

(7) Model name or number;

(8) Vehicle identification number;

(9) Body style;

(10) Number of axles;

(11) Registered gross weight of vehicle;

(12) Total registration weight sought for the vehicle; and

(13) Certification by the applicant that the:

a. Information contained on the form is correct;

b. Vehicle has not been altered in a way that would reduce the gross vehicle weight rating; and

c. Chassis, axles, tires, rims, brakes, steering components and suspension systems are maintained in good working order;

(14) Certification from the final stage manufacturer, subject to the penalties of unsworn falsification pursuant to RSA 641:3, that the vehicle has a specified maximum gross weight or axle weight capacity at the time of manufacture as determined by the components and the summation of the manufacturer's axle design limits for each axle of the vehicle, including the specific gross vehicle weight rating and weight limits for each axle;

(15) Printed name, signature and title of final stage manufacturer or representative;

(16) Date of signature of final stage manufacturer;

(17) Certification from the owner or lessee, subject to the penalties of unsworn falsification pursuant to RSA 641:3, as follows: “I hereby certify that the information contained on this form is correct, that the vehicle has not been altered in a way that would reduce the gross vehicle weight rating and that the chassis, axles, tires, rims, brakes, steering components and suspension systems are maintained in good working order. The power unit and trailer shall be required at all times to have a current inspection sticker or decal from an official inspection station. If a vehicle is declared out of service for a safety violation or is issued a citation for an axle distance violation, the certification shall be inoperative until the condition has been rectified.”; and

(18) Signature of owner or lessee.

Source. #4193, eff 12-30-86, EXPIRED 12-30-92

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16

New. #11190,e ff 9-22-16

Saf-C 4102.02 Issuance of Certification for Additional Truck Weights.

(a) A vehicle which meets the requirements of Saf-C 4102.01 shall be eligible for certification to carry additional truck weights as provided in RSA 266:18-b.

(b) Each applicant shall pay the appropriate registration fee for the additional truck weights pursuant to RSA 261:141.

(c) The department shall issue certification on a registration year basis and it shall be valid until the end of the registration year for which it is issued unless suspended or revoked as provided in Saf-C 4102.03.

(d) Any vehicle which has been issued certification for additional truck weights shall be renewed in accordance with the requirements of Saf-C 4102.01.

(e) If a vehicle is modified in any manner or if the original certification is lost, the requirements of Saf-C 4102.01 shall be completed.

(f) The department shall issue a decal to any vehicle certified for additional truck weights, which shall be visibly displayed on the front license plate of the vehicle.

(g) The department shall issue a decal to any trailer certified for additional truck weights, which shall be displayed on the rear license plate of the trailer.

(h) If a certification is suspended or revoked pursuant to Saf-C 4102.03, the owner or lessee of the vehicle shall return the decal(s) to the department.

(i) The certification for additional truck weights shall be kept in the vehicle at all times.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16 (from Saf-C 4102.03)

New. #11190, eff 9-22-16

Saf-C 4102.03 Suspension or Revocation of Certification for Additional Truck Weights.

(a) Pursuant to RSA 266:18-d, VI, the commissioner shall, after notice and an opportunity for a hearing, suspend or revoke the certification for additional truck weights for any vehicle which has more than one violation of RSA 266:18-a-d, as applicable, during a calendar year as evidenced by a record of convictions for those violations.

(b) The length of the suspension or revocation shall depend upon the number of convictions for violations of RSA 266:18-a-d that occur during a calendar year.

(1) For 2 convictions, a period of suspension not to exceed 30 days; or

(2) For 3 or more convictions, a period of revocation not to exceed the remainder of the period for which the certification was issued and denial of reapplication for an additional year, if the convictions warrant.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss by #6946, eff 2-25-99, EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07, EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16 (from Saf-C 4102.04)

New. #11190, eff 9-22-16

Saf-C 4102.04 Sufficiency of Horsepower.

(a) The commissioner shall, after a hearing based upon a complaint that a vehicle certified pursuant to these rules has insufficient horsepower and gear-ratio to safely and effectively carry the additional weight authorized by RSA 266:18-b, suspend the certification pending proof from the owner or lessee that the vehicle has sufficient horsepower for such purpose.

(b) A law enforcement officer shall, if necessary, conduct an inspection, including an on the road inspection, to determine whether the vehicle has sufficient horsepower to carry the additional weight.

(c) The inspection pursuant to (b) above shall consist of loading the vehicle to the certified additional weight limit and the law enforcement officer shall observe the vehicle to determine if it:

(1) Is able to travel at the same rate of speed as the flow of traffic, but not in excess of the speed limit;

(2) Holds up traffic while traveling up hills by traveling slower than 20 miles per hour up hills; and

(3) Is hazardous to the safety of the public because it travels so slowly.

Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93

New. #5628, eff 5-25-93; ss and moved by #6946, eff 2-25-99 (see Saf-C 4102.05), EXPIRED: 2-25-07

New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07 (from Saf-C 4102.03), EXPIRED: 9-29-15

New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16 (formerly Saf-C 4102.05)

New. #11190, eff 9-22-16

APPENDIX

RULE	STATUTE

Saf-C 4101.01	RSA 259:13
Saf-C 4101.02	RSA 259:19
Saf-C 4101.03	RSA 541-A:7
Saf-C 4101.04	RSA 266:1-a
Saf-C 4101.05	RSA 259:108
Saf-C 4101.06	RSA 259:113
Saf-C 4101.07	RSA 259:108; RSA 259:100-a
Saf-C 4102.01 – 4102.04	RSA 266:18-d, VI