Section 266:61-a Equipment Waiver for Disabled.
I. Any person with a disability who is inconvenienced by any provision of this title requiring or prohibiting the use of certain equipment on a motor vehicle may apply to the department for a waiver of said provision.
II. Within 20 days of receiving such application, the commissioner or his designee shall respond to the applicant either granting the waiver or denying it.
III. In deciding whether or not to grant the waiver, the commissioner or his designee shall balance the inconvenience to the applicant against the importance of the provision sought to be waived and the safety of the general public. The commissioner or his designee may require an inspection or demonstration or both of the modified or new equipment which the applicant seeks to use. For the purposes of such investigation or demonstration the commissioner or his designee may grant a temporary waiver.
IV. If the application is denied, the commissioner or his designee shall state in writing the reasons for the denial. Any person whose application has been denied shall have the right to appeal pursuant to RSA 541.
V. If the waiver is granted, the department shall issue an equipment permit to the applicant. Such permit shall be kept in the vehicle while the equipment for which the waiver was sought is being used.
VI. The commissioner or his designee may attach whatever conditions he deems necessary to the granting of the waiver. Such conditions shall be noted on the permit.
VII. The waiver granted by the commissioner or his designee shall be for a period not to exceed 2 years; except in any case where a licensed physician documents a lasting medical necessity, in which case the waiver shall be for a period not to exceed 4 years. The applicant may reapply for the waiver before such period expires.
VIII. The commissioner shall have the authority to adopt rules pursuant to RSA 541-A relative to:
(a) The information to be contained on the application for a waiver;
(b) The information to be contained on the permit;
(c) The standards used to determine whether or not to grant the waiver; and
(d) Restrictions on the use or operation of the motor vehicle and the documentation of such restrictions on the permit.
IX. The commissioner may waive the requirements of RSA 266:58-a and issue a special permit to a person who for bona fide medical reasons requires after market tinting on the windshield or on the windows to the left and right of the driver and who applies for such permit. Such waiver shall be granted in accordance with this section and shall only authorize the use of after market tinted windows with a light transmittance of not less than 35 percent. In reviewing the application for a permit under this paragraph, the commissioner may seek the advice and recommendation of a medical review board designated by him for such purpose.
Source. 1981, 292:2. 1990, 44:2, 3, eff. May 22, 1990; 140:2, II, X, eff. June 18, 1990. 2008, 282:9, eff. Aug. 26, 2008.