New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 300 - PERMITS
Part Tra 304 - OVERSIZE AND OVERWEIGHT VEHICLE PERMITS
Section Tra 304.19 - Violations and Enforcement

Universal Citation: NH Admin Rules Tra 304.19

Current through Register No. 40, October 3, 2024

(a) The department shall refer a matter to law enforcement officials for enforcement, if the department has information that the holder of the permit has:

(1) Violated any condition specified by the terms of the permit as provided in RSA 266:16, RSA 266:24, RSA 266:25, RSA 266:26, or Tra 304;

(2) Altered the language of the permit as provided in RSA 641:7;

(3) Provided false information on the application for the permit as provided in RSA 641:3; or

(4) Engaged in any other conduct that serves to endanger the public health, safety, or welfare.

(b) The department shall notify a permit service, in writing by certified mail, if the department receives a complaint(s) from one or more permittees that the permit service failed to process requests for permits within a reasonable time or that the permit service misrepresented the rules of the department to the permittee(s). The permit service shall have 30 days to respond to the department regarding the complaint(s). If the department determines that the complaint(s) is founded, it shall notify the permit service, in writing by certified mail that it intends to withdraw the permit service's recognition. If the department determines, after opportunity for a hearing under Tra 200, that the permit service has failed to process requests for permits within a reasonable time, the department shall withdraw the permit service's recognition as a permit service.

(c) The department shall revoke a permit issued under Tra 304 if the holder of the permit:

(1) Is convicted of a violation of any condition specified by the terms of the permit as provided in RSA 266:16, RSA 266:24, RSA 266:25, RSA 266:26, or Tra 304;

(2) Is convicted of altering the language of the permit as provided in RSA 641:7;

(3) Is convicted of providing false information on the application for the permit as provided in RSA 641:3;

(4) Is convicted of a misdemeanor or felony related to conduct while operating under the permit, that endangered the public health, safety, or welfare; or

(5) Supplied inaccurate information to the permit office on the basis of which the permit office issued a permit.

(d) Recognition of a permit service shall be withdrawn in the following instances:

(1) A permit service fails to maintain accurate information regarding its name and contact information as required under Tra 304.08(e); or

(2) The permit service has provided inaccurate information to the permit office that has induced the permit office to issue permits for movements that are not permitted by Tra 304.

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