This super-abridged list of inspection violations comprises only a few of the primary offenses which could be used as sole justification for a law enforcement officer to stop a vehicle and give the driver a ticket. Considering that many of the below rules mention other state laws, one must be familiar with millions of words of statutes in order to be confident that their vehicle is legal. As you read this, keep in mind that any single infraction is enough justification for a law enforcement officer to pull you over.
(a) A rigid venetian blind shall be permitted on the rear-most window of a vehicle if attached
so that there is no possibility of the blind shifting.
(b) The blind shall be designed so that it permits a clear vision of the road and cannot be closed.
(c) The blind shall be made of a material that will not reflect a shadow which interferes with or distorts the driver’s rear vision.
(d) Outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger.
Curtains. Curtains shall be permitted on any window other than the windshield and windows to the right and left of the driver, as long as the vehicle is equipped with outside mirrors on the left and the right side of the driver, which affords a clear view of the road to the rear of the vehicle.
Plastic Glazing and Plexiglass.
(a) Rigid plastic glazing, such as “Plexiglass” or “Lexan” shall be permitted in the windows of trucks and other vehicles in which the windows are frequently broken.
(b) Rigid plastic glazing shall be replaced when it becomes scratched, clouded or worn to the extent that the driver’s vision is limited or obscured.
(c) Rigid plastic glazing shall not be permitted unless it meets the requirements set forth in 49 CFR 393.60.
Cracked or Chipped Glass.
(a) A vehicle shall be rejected if the glass or glazing on the windshield:
(1) Has become clouded, shattered or cracked, inside or outside, in the path of the wiper blades, or more than 2 inches, outside the path of the wiper blades;
(2) Is cracked on one side, through to the plastic center; or
(3) Is cracked or chipped directly through from the inside to the outside.
New. #10886, INTERIM, eff 7-16-15, EXPIRES: 1-12-16; ss by #11016, eff 1-6-16
Saf-C 3217.11 Defroster. Pursuant to RSA 266:56, any vehicle manufactured after January 1, 1947, shall be rejected if not equipped with a functional defroster capable of melting snow and ice on the windshield.
(a) A vehicle shall be rejected if:
(1) The wiper blades fail to clear the windshield, so that the driver’s vision is limited or obscured;
(2) The rubber section of the wiper blade is worn or missing;
(3) The wiper does not have 2 or more functioning speeds, if the vehicle was manufactured after January 1, 1968;
(4) The wiper blades do not meet the manufacturer’s specifications; or
(5) If equipped with a front windshield washer system, it does not function per manufacturer’s specifications.
A vehicle shall be rejected if all of the occupant windows do not open and close as the manufacturer intended.
(a) The exhaust system, including the exhaust pipe, muffler, resonator, catalytic converter, tailpipe, hangers, brackets and all other component parts shall be inspected for leakage, improper fastening or excessive noise pursuant to RSA 266:59.
(b) All vehicles shall be equipped with mufflers in good working condition and shall meet the requirements of RSA 266:59.
(c) All replacement exhaust systems shall meet the requirements of RSA 266:59. Trucks that are not equipped with a camper or other enclosed structure for carrying passengers may be inspected without a tail pipe, as long as the muffler extends past the passenger compartment and has a down spout.
(d) A vehicle shall be rejected if:
(1) It has no tailpipe or muffler;
(2) There are holes, or structural rust or worn components in any part of the exhaust system that compromises the integrity of the system;
(3) There are loose or leaking joints or leaking seams in any section;
(4) Any portion of the exhaust system is not securely fastened;
(5) Any portion of the exhaust system passes through the passenger compartment or trunk;
(6) Muffler jackets or flexible pipe, which does not seal itself, is used in the exhaust system;
(7) The tail pipe end is pinched or damaged in such a way to restrict exhaust flow;
(8) The muffler has loose or missing interior baffles, or holes which have been repaired with patches;
(9) There is a muffler cut-out, muffler by-pass or similar device which allows excessive or unusual noise;
(10) Excessive fumes, smoke, flame, gas, oil or fuel residue escapes in violation of RSA 266:59; or
(11) Any flammable material is in contact with any portion of the exhaust causing fume, smoke or fire hazard.
(a) The outside pipe, side-pipe or exhaust pipe shall meet the following requirements:
(1) The muffler shall be installed according to the vehicle manufacturer’s specifications and shall not give off excessive noise, fumes, smoke, flame, gas, oil or fuel residue, pursuant to RSA 266:59;
(2) No exhaust gases shall enter the passenger compartment;
(3) Any flexi-type exhaust piping shall be self-sealing, free of leaks, holes, patches or defects, properly fastened to the vehicle and used only on the exhaust side of the emission control system; and
(4) No portion of the exhaust system or exhaust pipe shall extend, in any direction, beyond the limits of the vehicle’s body without heat shielding.
(a) A PCV valve shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture.
(b) A vehicle shall be rejected if:
(1) The PCV valve is missing;
(2) It is plainly obvious that the PCV valve does not function; or
(3) Any hoses associated with the PCV system are missing or do not function.
Air Injection Pump/Pulse Air System.
(a) The air injection pump/pulse air system shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture.
(b) A vehicle shall be rejected if:
(1) The air injection pump/pulse air system is missing;
(2) It is plainly obvious that the air injection pump/pulse air system does not function; or
(3) Any hoses associated with the air injection pump/pulse air system are missing or do not function.
In addition to the reason stated in Saf-C 3219.01(a)(3), a vehicle shall be rejected if the fuel filler cap is:
(1) Missing;
(2) Loose;
(3) Degraded to the point that vapors could escape; or
(4) Improperly fitted.
(a) An evaporative canister shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture.
(b) A vehicle shall be rejected if:
(1) The evaporative canister is missing;
(2) It is plainly obvious that the evaporative canister does not function; or
(3) Any hoses, wires or cables associated with the evaporative canister are missing or do not function.
(a) A catalytic converter shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture.
(b) A vehicle shall be rejected if:
(1) The catalytic converter is missing; or
(2) It is plainly obvious that the catalytic converter does not function.
(a) An inspection station shall make a reasonable effort to obtain replacement parts for equipment such as a:
(1) Catalytic converter;
(2) Gas cap;
(3) Evaporative purge canister;
(4) Positive crankcase ventilation (PCV) valve and properly configured hoses; and
(5) Properly connected air injection pump/pulse air systems.
(b) For the purposes of this rule, “reasonable effort” means any combination of 3 telephone calls to parts dealers, original equipment manufacturers or other secondary market sources.
(c) If replacement parts are unavailable, the inspection station shall so indicate on the inspection form and the vehicle shall pass that portion of the inspection.
(a) A vehicle shall be rejected if:
(1) The body components have tears, sharp edges or protruding areas that present a safety hazard to any person;
(2) Any fender is:
a. Missing;
b. Improperly installed;
c. Not the proper height; or
d. Loosely attached;
(3) Any door is:
a. Missing;
b. Improperly fastened; or
c. Adjusted so that it cannot be tightly closed;
(4) Any door latch, lock, hinge or handle installed:
a. Is broken;
b. Does not work properly;
c. Is defective; or
d. Does not work as manufacturer intended;
(5) The hood is missing or cannot be tightly closed;
(6) The hood safety catch, hand operated hood release latch or remote control hood release is inoperable, unless equipped with operable primary hood release latch hood pins;
(7) The floor pan in the passenger compartment or trunk area has a hole, is worn or is rusted so that exhaust gases enter or cannot support vehicle occupants; or
(8) Any portion of the body, chassis or running gear is missing or does not function properly.
Any portion of the body or chassis of a vehicle which is missing or damaged shall be replaced with material(s) that meet the manufacturer’s specifications.
A vehicle shall be rejected if the body is damaged so that rear doors, windows, deck lids or other similar items cannot be fully closed and properly sealed, or any other condition or body opening exists which allows exhaust gases to enter the passenger compartment.
(a) A vehicle shall be rejected if the bumper and its structural components are:
(1) Not attached to the front and rear of a passenger or multipurpose vehicle as manufacturer intended;
(2) Not attached to the front and rear of a pick-up truck as manufacturer intended;
(3) Located at an improper height as measured pursuant to RSA 266:9;
(4) Loose or improperly installed; or
(5) Rusted or damaged to a degree which does not effectively reduce the transfer of impact when engaged.
(b) Any vehicle equipped with a tow trailer hitch shall be rejected if it does not have a solid structural integrity and is not securely mounted to the vehicle frame.
(a) Wooden bumpers on any van, light-duty truck or multipurpose passenger vehicle shall meet the following requirements:
(1) The bumper shall be made of hardwood;
(2) The wood shall be at least 2 inches in thickness and 6 inches in height;
(3) The bumper shall be attached to the frame of the vehicle in the same manner as a steel bumper;
(4) There shall be no sharp or pointed edges, or any other condition hazardous to any person;
(5) All wooden bumpers shall have a backing of 1/4 inch steel plate;
(6) All wooden bumpers shall be a single unit, and shall not consist of 2 or more pieces of wood joined together; and
(7) Wooden bumpers shall not be used on vehicles equipped with factory installed energy-absorbing bumpers.
Inspection Required.
(a) All trailers, semi-trailers and full trailers with a registered weight of 10,001 pounds or more shall be inspected unless otherwise noted in RSA 266:1-b.
(b) Trailers shall comply with the provisions of RSA 266:30 pertaining to brakes, and RSA 266:63 pertaining to safety chains or cables.
(c) Pursuant to RSA 266:60-a and Saf-C 3226.20, all motor home trailers that have a motor vehicle registration shall be equipped with a fire extinguisher having an Underwriters’ Laboratories rating of 5 B:C or more that is in good working condition, securely mounted and in a readily accessible location to the driver.
(d) All trailers 10,000 pounds and less gross vehicle weight rating shall be subject, as other vehicles are, to periodic roadside inspection by law enforcement offices to determine that they have the proper required and fully functional safety equipment pursuant to RSA 266:1-b, I.
Inspection Period.
(a) All trailers required to be inspected shall be inspected annually during the owner’s month of birth or the month set forth in Saf-C 3203.03, for a corporation.
(b) Any newly registered trailer requiring an inspection shall be inspected within 10 days from the date of registration.
Trailer, Semi-Trailer and Full Trailer Brakes.
(a) A trailer, semi-trailer or full trailer shall be rejected if:
(1) The brakes do not adequately control and stop the trailer;
(2) The brakes do not apply at the same time as the service brake of the towing vehicle, or are adjusted so as to start braking prior to the service brake of the towing vehicle;
(3) The brakes do not apply at a faster rate than the service brake of the towing vehicle;
(4) The brakes do not prevent side-sway of the trailer, semi-trailer or full trailer during braking;
(5) The brake linings are worn below 4/32 inch for a trailer with a gross vehicle weight rating in excess of 10,000 pounds up to 26,000 pounds, and 6/32 inch for a trailer with a gross vehicle weight rating in excess of 26,001 pounds;
(6) Any brake line, hose or electrical component is defective.
(7) Any brake drum or disc:
a. Shows evidence of mechanical damage other than wear;
b. Has contaminants, including but not limited to, rust, pitting, delamination, oil, grease, or any other substance that would affect proper brake operation;
c. Has cracks on the friction surface extending to the open edge or on the outside of the drum, particularly at the drum mounting area;
d. Has a broken disc;
e. Has cracks on the friction surface extending to the open edge on a disc;
f. Has defective grease retainers;
g. Is worn beyond the manufacturer’s specifications; or
h. Has thickness less than the minimum which is stamped on the assembly.
(a) A trailer with air brakes shall be rejected if:
(1) The trailer brakes do not fully apply and release when the driver control is operated;
(2) The trailer brakes do not automatically apply when the air pressure is 45 psi or less;
(3) The trailer brakes automatically apply when the air pressure is in excess of 45 psi;
(4) The trailer brakes do not automatically apply when the connecting hoses of the trailer are disconnected; or
(5) There is detectable leakage back through the trailer when the connecting hoses of the trailer are disconnected.
(b) A vehicle with heavy duty air-activated disc brakes shall be rejected if the slack adjustment or air chamber stroke does not fall within the manufacturer’s recommended tolerance.
Anti-Lock System. A trailer shall be rejected if the anti-lock device does not light momentarily when the ignition is on or during cranking, or if the light stays on for more than one minute after the vehicle is started.
Emergency Brakes.
(a) A trailer shall be rejected if:
(1) The emergency brakes do not automatically apply when the breakaway safety mechanism is operated; or
(2) The emergency brakes do not release when the breakaway safety mechanism is returned to the normal position.
(a) A trailer shall be rejected if:
(1) It does not comply with the tail lamp and reflector requirements of RSA 266:43 through RSA 266:45;
(2) It does not comply with the clearance lamp requirements of RSA 266:40; or
(3) The lenses are broken, obscured or improperly mounted.
Saf-C 3227.08 Brake Wiring Connections. A trailer shall be rejected if any portion of the electrical system shows signs of burning, short-circuiting or bare or uninsulated wires.
Saf-C 3227.09 Tire Flaps and Guards. A trailer shall be rejected if it is not equipped with suitable fender guards or flaps, which effectively reduces the throw, spray or splash likely to be emitted from any wheel or tire.
Tires. A trailer shall be rejected if any tire does not comply with the requirements of Saf-C 3211.01 through Saf-C 3211.06.
Stop Lights and Turn Signals. A trailer shall be rejected if it is not equipped with operating stop lights and turn signals.
Landing Gear. A semi-trailer or full trailer shall be rejected if any landing gear parts are broken or missing, or the landing gear does not work properly.
INSPECTION STICKERS
Saf-C 3245.01 Unauthorized Display. No inspection sticker shall be issued or affixed to any vehicle unless the vehicle has been inspected and meets the requirements set forth in applicable laws and these rules.
Saf-C 3245.02 Type. Each inspection sticker shall be selected and examined to ensure that it has not been damaged and that all features are legible.
Required Information.
(a) All information required to be entered on the inspection sticker shall be accurately completed in its entirety, by the approved mechanic who performed the inspection using an indelible writing instrument or computer software.
(b) Each inspection sticker not created through the on-demand process shall include the following:
(1) Registration number;
(2) Mileage;
(3) Vehicle identification number (VIN);
(4) Station number and mechanic certification number;
(5) Date of issuance;
(6) Date of expiration; and
(7) Numerical monthly insert for the month in which the sticker expires per RSA 266:1.
(c) Each on-demand sticker shall include the following:
(1) Vehicle identification number (VIN);
(2) Station number;
(3) Date of issuance;
(4) Date of expiration;
(5) Inspection test type; and
(6) Sticker number.
Mechanic’s Work Stub.
(a) The approved mechanic who performs the inspection and does not use an on-demand sticker shall include the following on the work stub portion of the inspection booklet:
(1) Owner’s name and address;
(2) Registration number;
(3) Mileage;
(4) Year of manufacture;
(5) Vehicle identification number (VIN);
(6) Station number and date of issuance; and
(7) Signature and certification number of mechanic.
(b) The mechanic who performed the inspection shall sign his/her name and include his/her approved certification number on the sticker stub and on the back of the inspection sticker.
Saf-C 3245.05 Inspection Sticker Removal. Upon removal of any inspection sticker, the sticker shall be immediately destroyed so as to prevent re-affixing or re-issuing to any vehicle.
Affixing Inspection Sticker.
(a) The sticker shall be affixed to the windshield surface, immediately after the inspection has been completed. The windshield surface shall be dry and clean of dirt, grease or moisture.
(b) Each sticker shall be affixed as follows:
(1) Either:
a. The protective liner shall be removed from the adhesive side of the colored backing, and the appropriate numerical monthly insert designating the month of expiration shall be attached to the adhesive side of the backing so that the insert is legible from outside of the vehicle; or
b. If an on-demand sticker, the informational insert printed on the VIR shall be attached to the adhesive side of the on-demand backing so that the insert is legible from outside of the vehicle; and
(2) The sticker shall be positioned on the lower left corner of the interior side of the windshield, as close to the bottom and left edges of the windshield as possible, but no more than 2 inches away from the bottom and left edges of the windshield; and
(3) Pressure shall be applied to the sticker for adhesion.
(c) Numerical monthly inserts and informational inserts printed in the VIR shall always be affixed to the vehicle in accordance with these rules and shall never be issued separately.
(2) The protective liner shall not be removed;
(3) The correct monthly expiration decal shall be affixed directly over the liner “slit” on the face of the sticker;
(4) Approximately one inch from the lower left and upper right portion on the face of the sticker shall be clipped off;
(5) The sticker shall be attached to the owner’s registration; and
(6) For on-demand stickers, on-demand sticker backers shall be attached to the backside of the informational insert portion of the VIR, and the VIR shall then be attached to the owner’s registration.
Saf-C 3245.09 Antique Vehicle Without Windshield. In the event an antique vehicle was manufactured without a windshield, the inspection sticker shall be attached to the vehicle registration rather than being affixed to some other portion of the vehicle. For on-demand stickers, on-demand sticker backers shall be attached to the backside of the informational insert portion of the VIR, and the VIR shall then be attached to the owner’s registration.
Procedure for Completing Agriculture Sticker.
(a) Each sticker on an agricultural vehicle shall be completed as follows:
(1) The agriculture section on the sticker stub shall be checked; and
(2) “AGR” and the vehicle registration number shall be written legibly in the registration section on the back of the inspection sticker.
(b) Each sticker shall be affixed to the windshield of an agricultural vehicle. In the event an agricultural vehicle is not equipped with a windshield, the inspection sticker shall be attached to the vehicle registration. For on-demand stickers, on-demand sticker backers shall be attached to the backside of the informational insert portion of the VIR, and the VIR shall then be attached to the owner’s registration.
Motorcycle Inspection Stickers.
(a) Each inspection sticker shall be affixed to the left front suspension fork of a motorcycle in a readily visible location, except that on a motorcycle that does not have a front fork suspension, the inspection sticker shall be affixed to the left front frame rail in front of the left front wheel.
(b) On-demand stickers shall not be issued for motorcycles.
Display and Replacement of Stickers. In the event an inspection sticker is lost, destroyed, mutilated, or the owner removes it in any manner, the owner shall have the vehicle re-inspected, except as provided in Saf-C 3246.02 for replacement windshields.
Replacement Sticker Agents. Each applicant for appointment as a replacement sticker agent shall make application on form RDMV 705, as set forth in Saf-C 3204.02.
Responsibility of Replacement Sticker Agent.
(a) Each applicant for appointment as a replacement sticker agent shall agree to:
(1) Act as an agent of the department in issuing replacement stickers only on a replacement windshield;
(2) Clearly mark each replacement sticker with the word “Replacement” on the back of the sticker;
(3) Insert the expiration month decal on the replacement sticker in the same manner as the insert on the original sticker;
(4) Not inspect the vehicle and only attest to the fact that a valid sticker was displayed on the original windshield;
(5) Purchase replacement stickers only from the department and charge no more than the fee paid for the replacement sticker;
(6) Copy all available information off the back of the original sticker onto the replacement and write the number of the original sticker on the stub of the replacement sticker;
(7) Record the invoice number of the replacement windshield on the stub of the replacement sticker;
(8) Retain a copy of the invoice of the replacement windshield for a period of one year and make records accessible to any authorized agent of the commissioner;
(9) Retain the original sticker with the invoice, if possible;
(10) Notify the department of the names of 3 or fewer employees who are authorized to attach replacement stickers and any changes to those authorized personnel thereafter;
(11) Attach a replacement sticker to a vehicle only at the place of business designated on the certificate of appointment unless the applicant has a mobile installation vehicle; and
(12) Assume full responsibility for the security of all stickers purchased or in his/her possession.
(b) Replacement sticker agents shall not issue on-demand stickers.
(See Revision Notes at Chapter Heading Saf-C 3200) #8915, eff 6-22-07, EXPIRED: 6-22-15
PART Saf-C 3247 REJECTION OF VEHICLES
Saf-C 3247.01 Rejection Procedure.
(a) If, during an inspection, any item does not comply with these rules, the mechanic shall complete the inspection of all other required items.
(b) The mechanic shall make and retain a list of the items for which the vehicle is being rejected and provide a copy of that list to the vehicle owner or operator.
Scope of Rejection. When a vehicle is rejected, an approved mechanic shall not issue an inspection sticker until the cause for rejection has been corrected.
Rejection Slips.
(a) The mechanic shall furnish the following to the department electronically or on form RDMV 940:
(1) Inspection station name and identification number;
(2) Mechanic’s name and identification number;
(3) The vehicle’s:
a. Year of manufacture;
b. Make;
c. Registration plate number;
(4) The vehicle owner name, home telephone number, work telephone number and address;
(5) Whether or not the rejection was emissions related and the reasons for rejection(s), including specific measurements, if applicable;
(6) Date of inspection; and
(7) Mechanic’s signature for non-electronic submission, signed under penalty of unsworn falsification pursuant to RSA 641:3.
(b) If a mechanic believes that a vehicle would constitute an immediate safety hazard to the general public if driven, he/she shall immediately notify any law enforcement agency having jurisdiction.
(c) If a vehicle is rejected for failing to meet OBD requirements, the mechanic shall electronically submit the information to the department, in accordance with the provisions of Saf-C 3222.03.
(a) For the purposes of this section, a violation means one or more infractions cited as a result of a single review or visit to the inspection station on a specific date.
(b) For the purposes of establishing a subsequent violation, the subsequent violation shall have occurred within 3 years from the date of the final administrative disposition of the previous violation.
(c) In the event a hearings examiner recommends a fine as a matter of disposition after a hearing, the fine shall not take effect until the commissioner approves it.
(d) In the event a fine is imposed pursuant to (c) above, the order from the hearings examiner shall state that payment shall be made within 30 days of receipt of the order.
(e) For the purposes of (d) above, an order shall be sent by first class mail and receipt shall be presumed to have occurred 3 days after the order is mailed.
Payment of Fines.
(a) In the event a fine is imposed, an inspection station shall pay the fine in full within 30 days of receipt of the order. Fines may be paid by mail or in person.
(b) In the event a fine is paid by mail, payment shall be in the form of a personal check, cashier’s check or money order. All payments of fines by mail shall be addressed to:
Department of Safety
Business Office
James H. Hayes Building
33 Hazen Drive
Concord, NH 03305
(c) In the event a fine is paid in person, it shall be made at the business office at 33 Hazen Drive, Concord, NH 03305. Payment shall be made in the form of cash, a personal check, cashier’s check or money order.
(d) For the purposes of (b) and (c) above, all checks or money orders shall be made payable to “New Hampshire Department of Safety” or “NH Department of Safety”.
(See Revision Notes at Chapter Heading Saf-C 3200) #8915, eff 6-22-07, EXPIRED: 6-22-15
New. #10886, INTERIM, eff 7-16-15, EXPIRES: 1-12-16; ss by #11016, eff 1-6-16
Saf-C 3248.03 Protested Checks.
(a) When any check is in payment of a fine and returned to the department as uncollectible:
(1) The check shall not be redeposited; and
(2) The business office shall forward an advisory letter to the signer of the check which contains:
a. Notification that the check has been returned and the reason;
b. Notification that the check cannot be redeposited;
c. A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a;
d. Notification that payment shall be made by certified check, money order or cash;
e. Notification that payment made by mail, it shall be by certified check or money order; and
f. Notification that payment shall be made payable to “State of New Hampshire – Administrative Fine Payment”, and addressed to:
Department of Safety
Business Office
James H. Hayes Building
33 Hazen Drive
Concord, N.H. 03305
(b) Nothing contained in this rule shall preclude the department from:
(1) Pursuant to Saf-C 211.01, suspending any vehicle registered to an inspection station that issued a bad check; or
(2) Pursuant to RSA 638:4, seeking criminal prosecution of any person or inspection station that issued a bad check.
Nonpayment of Fines.
(a) In the event the department does not receive a fine payment by its due date, the department shall send notice to the inspection station to appear at an administrative hearing to show cause why all inspection station privileges should not be suspended or revoked for nonpayment of the administrative fine.
(b) The hearing shall be scheduled no earlier than 14 days from the date of the notice in (a) above.
(c) The hearing shall be limited to whether the administrative fine was paid.
(d) In the event the hearings examiner finds that an inspection station has not paid its administrative fine, the inspection station’s privileges shall be suspended pending receipt by the department of the administrative fine paid in full.
(See Revision Notes at Chapter Heading Saf-C 3200) #8915, eff 6-22-07, EXPIRED: 6-22-15
New. #10886, INTERIM, eff 7-16-15, EXPIRES: 1-12-16; ss by #11016, eff 1-6-16
Saf-C 3248.05 Appeal of an Administrative Fine.
(a) Any appeal from an administrative fine shall be in accordance with the provisions of RSA 541.
(b) Any appeal filed pursuant to this section shall not suspend payment of the fine.
(c) In the event a fine is overturned on appeal, the department shall, pursuant to the court’s order, refund the fine within 30 working days of the receipt of the court’s order.
Administrative Hearing.
(a) Upon receipt of information as specified in RSA 266:1, XI(a), the director shall provide the inspection station and/or mechanic with an opportunity for an administrative hearing.
(b) Hearings shall be conducted in accordance with the provisions of Saf-C 203.
(c) The scope of the hearing shall be limited to a determination of whether the inspection station and/or mechanic violated any provision of the inspection laws or these rules.
(d) After a hearing, a hearings examiner shall suspend the inspection station’s privileges and/or mechanic approval card if there is a finding that the inspection station and/or mechanic violated any provision of the inspection laws or these rules or shall impose an administrative fine as set forth in Saf-C 3248.01. Pursuant to RSA 266:1, XI(a), a hearings examiner shall not impose both an administrative fine and suspension of the inspection station’s privileges in the same proceeding.
(e) A hearings examiner shall determine the appropriate sanction based upon the following factors:
(1) The severity of the offense;
(2) The number of offenses committed; and
(3) Whether the inspection station and/or mechanic has committed prior offenses.
Cost: $72.00 per publication by mail or FAX for non-members; can also be downloaded at same price; members save up to 19% off list price
