N.H. Code Admin. R. Ann. Tra — Commissioner, Department of Transportation (Adopts all rules of the Department.)

Chapter Tra 100 Organizational Rules

Part Tra 101 Definitions

N.H. Code Admin. R. Ann. Tra 101.01 Department {#sec-tra-101.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.01}

"Department" means the New Hampshire department of transportation.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 101.02 Commissioner {#sec-tra-101.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.02}

"Commissioner" means the commissioner of the department.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 101.03 Assistant commissioner {#sec-tra-101.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.03}

"Assistant commissioner" means the assistant commissioner of the department.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 101.04 Division {#sec-tra-101.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.04}

"Division" means a principle unit within the department.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 101.05 Bureau {#sec-tra-101.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.05}

"Bureau" means a principle unit within a division.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 101.06 Petition {#sec-tra-101.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 101.06}

"Petition" means a written expression of concern in which a person requests the adoption, amendment, repeal of a rule, or requests a declaratory ruling.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

Part Tra 102 Description of the Department

N.H. Code Admin. R. Ann. Tra 102.01 General {#sec-tra-102.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.01}

Description. There shall be established pursuant to RSA 21-L within the department, the office of the commissioner and 5 separate divisions, each responsible for the implementation and enforcement of rules in their designated areas of expertise. The descriptions of the respective divisions and bureaus are not exhaustive but only reflect those areas in which there is impact on the public. Functions which affect other governmental units only are not included in the descriptions below.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.02 Office {#sec-tra-102.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.02}

of the Commissioner.

(a) The office of the commissioner shall include the commissioner, the assistant commissioner, and 2 sections which shall be directly responsible to the commissioner.

(b) The office of the commissioner shall be organized as follows:

(1) The commissioner shall be ultimately responsible for all:

a. Department policies;

b. Activities;

c. Projects;

d. Programs; and

e. Rulemaking authority for the department.

(2) The assistant commissioner shall be responsible for all:

a. Duties assigned to him by the commissioner;

b. Duties of the chief engineer; and

c. powers and duties of the commissioner in the event that the commissioner is, for any reason, unable to carry them out.

(3) The internal/external audit section shall be responsible for performing department audits to certify the correctness and propriety of federal aid claims and compliance with applicable rules and laws.

(4) The section of the reviewing appraiser shall review and analyze real property appraisal reports to assure compliance with state and federal rules and laws, and current real estate market conditions, and establish real property valuation estimates for purposes of federal reimbursement to the state.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.03 Division {#sec-tra-102.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.03}

of Administration.

(a) The division of administration shall be responsible for all contract coordination and execution, bidding for all projects, and claims processing for money owed to and by the department. The division shall also be responsible for the issuance of all permits, licenses, and registrations, applications for which are available from specific bureaus, as well as the equal employment program, processing all department data, and petitions for adjudicatory hearings, and coordination of administrative rulemaking.

(b) The following bureaus shall be organized within the division of administration:

(1) The bureau of administration/contracts shall be responsible for the prequalification of bidders and the actual bidding process.

(2) The bureau of budget and finance shall be responsible for all financial accounting for the department, including collecting monies owed to the department, and for paying out monies owed by the department. The purchase process, however, shall be initiated by the bureau for whom the purchase is made, processed through the budget and finance bureau, and forwarded to the division of plant and property management, department of administrative services, for the actual purchase.

(3) The bureau of human resources shall be responsible for all personnel matters, including, but not limited to, administering the civil rights program to achieve a fully integrated workforce within the department, and the maintenance of equal employment opportunity files.

(4) The bureau of data management shall be responsible for the acquisition of hardware and software and to recommend, develop and review user/system applications that are compatible with the department's commitments to existing systems, departmental policies and long range plans.

(5) The section of public information shall be the department's official liaison with the public. It shall prepare all media releases and provide information about state for tourists and other highway users.

(6) The special projects/legislative tracking section shall be responsible for all drafting of department initiated legislation and the monitoring of all transportation related, highway funded or turnpike funded legislation. The section is also responsible for performing studies or analysis and serving as a department designee on various legislative and executive branch created committees or task forces as determined by the director or commissioner.

(7) The office of hearings and rules shall be responsible for due process adjudications and administrative rulemaking in accordance with RSA 541-A.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.04 Division {#sec-tra-102.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.04}

of Aeronautics. The division of aeronautics shall be responsible for all aeronautical activities at the state level, including:

(a) All aspects of air safety, airport and navigational aids development;

(b) Registration and revenue collection from aeronautical sources;

(d) Promotion of aviation; and

(e) Enforcement of all state rules and laws pertaining to aeronautics.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.05 Division {#sec-tra-102.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.05}

of Operations.

(a) The division of operations shall be responsible for general maintenance of the state transportation network, including state highways, the turnpike system, bridges, and all department vehicles and equipment. It shall also be responsible for establishing speed zones, processing access, excavation, and utility installation permits.

(b) The following bureaus shall be organized within the division of operations:

(1) The bureau of highway maintenance shall be responsible for maintaining and repairing state highways not operated by the bureau of turnpikes, operation of moveable bridges not operated by the bureau of bridge maintenance, replacement of private water supplies which have been affected by winter maintenance operations, such as salt application, processing overweight and overdimensional load, access route, excavation and utility installation permit applications. The bureau shall also be responsible for establishing speed zones and operating and maintaining safety rest areas on state highways under its jurisdiction. Organized within the bureau shall be 6 field districts, each under the supervision of a district engineer.

(2) The bureau of bridge maintenance shall be responsible for the maintenance and repair of all state-owned bridges, and, as the workload permits, the repair of municipal bridges which shall be done on a reimbursable basis. The bureau shall also be responsible for the operation and maintenance of the 2 Portsmouth drawbridges.

(3) The bureau of mechanical services shall be responsible for all department vehicles and equipment maintenance except for those vehicles owned by the bureau of turnpikes, the investigation of accident reports and insurance claims involving department vehicles, the setting of rental rates and approval of private equipment rental by this or any other department.

(4) The bureau of traffic shall be responsible for the installation and maintenance of traffic control devices, such as signals, signs and pavement markings on the state highway system.

(5) The bureau of turnpikes shall be responsible for the operation and maintenance of the state's turnpike system, including control of turnpike encroachment permits.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.06 Division {#sec-tra-102.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.06}

of Project Development.

(a) The division of project development shall be responsible for all proposed highway and bridge construction projects from the preliminary engineering stage through completion of construction, including administering federal and state aid programs for municipalities. It shall also be responsible for the development of environmental impact statements or assessments for proposed projects and acquisitions as well as obtaining dredge and fill permits and control of outdoor advertising along state and federal highways. In addition the division shall be responsible for providing maps of the state highway system to the public.

(b) The following bureaus, shall be organized within the division of project development:

(1) The bureau of highway design shall be responsible for the design and preparation of technical/engineering documents for highway construction projects either by its own staff or through private consultants. The bureau shall also be responsible for surveys, aerial photographs, other project-related mapping and roadside development activities, including highway beautification and landscaping.

(2) The bureau of bridge design shall be responsible for the planning, designing, and preparation of contract plans for bridges, as well as safety inspections for state-owned and municipally-owned bridges.

(3) The bureau of construction shall be responsible for the management of highway and bridge construction contracts and coordinating the construction effort with all governmental units and utilities. The bureau shall also be responsible for the inspection of all on-going highway/bridge construction projects to assure compliance by the contractor with New Hampshire standard specifications for road and bridge construction.

(4) The bureau of municipal highways shall be responsible for the administration of federal and state aid programs for municipalities, as well as serving as liaison between the department, the general public, and municipalities. The bureau shall also be responsible for outdoor advertising and junkyard control.

(5) The bureau of right-of-way shall be responsible for the acquisition of land in support of the department's projects. The bureau shall also be responsible for relocation assistance.

(6) The bureau of environment shall be responsible for preparation of environmental impact statements, assessments and studies, and processing all federal and state environmental permits for department projects.

(7) The bureau of engineering audit shall be responsible for intensive reviews of records, documentation and inspections performed by the bureau of construction on all highway, bridge and special construction contracts within the state. The bureau shall determine final payments to contractors and final vouchers for federal-aid reimbursement to the state.

(8) The bureau of materials and research shall test materials used or to be used in state highway construction and shall identify materials standards, sampling and testing procedures for state construction projects. The bureau shall be responsible to provide material technical and geotechnical activities and reports.

(9) The bureau of transportation planning shall be responsible for the collection and analyses of highway data including road conditions and future projected traffic. The bureau shall also be responsible for monitoring the 10 year highway plan progress and updating recommendations. Also included in the bureau's duties shall be oversight of regional planning agencies' transportation programs and performing transportation planning studies.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 102.07 Division {#sec-tra-102.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 102.07}

of Public Works and Transportation.

(a) The division of public works and transportation shall be responsible for administering capital building and maintenance programs. The division shall also be responsible for the administration of surface transportation programs involving public transportation and railroad activities.

(b) The following bureaus shall be organized within the division of public works and transportation:

(1) The bureau of public works shall be responsible for the capital and contractual maintenance programs for all departments, except the state university system. The bureau's responsibilities shall include providing professional, architectural and engineering services for planning, design and construction field supervision of all public works projects not otherwise assigned.

(2) The bureau of railroads and public transportation shall be responsible for managing the state-owned rail lines, all aspects of rail safety including equipment and operations, investigations of rail accidents, and administering railroad planning and programming activities for all railroads within the state. The bureau shall also be responsible for development of policies, methods, procedures and supervision of public transportation within the state.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

Part Tra 103 Petitions to the Department

N.H. Code Admin. R. Ann. Tra 103.01 Petitions {#sec-tra-103.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 103.01}

for Promulgation, Amendment, or Repeal of a Rule.

(a) Any interested person may petition the department, through the commissioner, requesting the adoption, amendment, or repeal of a rule. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:

(b) Petitions for rulemaking shall be handled as follows:

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner determines that any petition is deficient in any respect the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(3) Within 30 days of receipt of an acceptable petition, the commissioner shall take one of the following actions:

a. Initiate the requested procedure in accordance with RSA 541-A:3; or

b. Deny the petition, in writing, stating fully the reasons for denial.

(4) Criteria to determine whether to initiate a requested procedure or deny a petition shall include whether the requested change is consistent with applicable statutory purpose.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 103.02 Petitions {#sec-tra-103.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 103.02}

for Declaratory Rulings.

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:

(b) Petitions for declaratory rulings shall be handled as follows:

(1) Petitions shall be submitted to the office of the commissioner.

(2) If the commissioner determines that any petition is deficient in any respect the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition.

(3) When an acceptable petition for a declaratory ruling has been received by the commissioner, he/she shall take one of the following actions:

a. Issue a declaratory ruling responsive to the petition within 60 days; or

b. If deemed necessary, request the opinion of the attorney general's office within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.

(4) Responses to petitions for declaratory ruling that require legal analysis shall be referred to the office of the attorney general for an opinion.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

N.H. Code Admin. R. Ann. Tra 103.03 Petition {#sec-tra-103.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 103.03}

Information. Each petition for adoption, amendment, or repeal of a rule, or for declaratory ruling shall conform to the following:

(a) Each petition shall be in legible written form and addressed to the commissioner as follows:

"Office of the Commissioner

New Hampshire Department of Transportation

P.O. Box 483, John O. Morton Building, Hazen Drive

Concord, New Hampshire, 03302-0483."

(b) Each petition shall include the name and the address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents.

(d) The petitioner shall cite the rule to be amended or repealed and shall specify any amendments to be made. If adoption of a new rule is sought, the petition shall provide the text of the proposed rule. If a declaratory ruling is sought, the petitioner shall cite the statute or rule and provide all information in his or her possession or available to him/her which is material to the declaratory ruling.

(e) The petitioner shall sign and include the date of the petition.

History

#4595, eff 4-6-89; ss by #5605, eff 3-29-93

Chapter Tra 200 Rules of Practice and Procedure

Part Tra 201 Purpose and Applicability

N.H. Code Admin. R. Ann. Tra 201.01 Purpose {#sec-tra-201.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 201.01}

The purpose of this chapter is to provide rules of practice and procedure for proceedings involving members of the public.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 201.02 Scope {#sec-tra-201.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 201.02}

(a) This chapter shall provide rules of practice and procedure for:

(1) The conduct of adjudicative hearings in contested cases;

(2) The conduct of nonadjudicative hearings for:

a. Rulemaking, or

b. Administration of programs within the department's jurisdiction;

(3) The issuance of declaratory rulings; and

(4) Determining whether to grant or deny petitions for rulemaking.

(b) The model rules specified in RSA 541-A:30-a shall apply to adjudicative hearings conducted by the department only to the extent that these rules do not address a practice or procedure addressed in the model rules. A rule adopted by this chapter that addresses a specific procedure shall control that procedure, and the model rule shall not apply even if the rule adopted in this chapter conflicts with, is narrower than, or is broader than the model rules.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 201.03 Definitions {#sec-tra-201.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 201.03}

(a) "Commissioner" means the commissioner of the New Hampshire department of transportation.

(b) "Department" means the New Hampshire department of transportation.

(c) "Ex parte communication" means the transmittal of data or argument, by a party or at the request of a party, to or from an officer or employee of the department assigned to render a decision or make findings of fact and conclusions of law concerning the merits of the subject matter in an adjudicative proceeding without prior notice to all parties.

(d) "File" means to place a document in the actual possession of the department.

(e) "Hearing" means the process by which the parties present evidence, data, and/or argument by methods appropriate to the circumstances and includes, but is not limited to, conducting trial-type evidentiary procedures, directing the filing of exhibits, affidavits, memoranda, or briefs, directing the delivery of oral argument, or any combination of the above or similar procedures.

(f) "Nonadjudicative proceeding" means a formal or informal search for data by the department concerning matters within its jurisdiction, including rulemaking, the result of which is other than a determination of a person's legal rights, duties or privileges.

(g) "Order" means a document issued by the department requiring a person to do or abstain from doing something, or determining a person's rights to a license or some other property or privilege.

(h) "Presiding officer" means an individual to whom the commissioner has delegated the authority to act as presiding officer over a departmental proceeding.

(i) “Rulemaking" means the process by which the department proposes and adopts an administrative rule.

History

#7927-A, eff 7-26-03

Part Tra 202 Adjudicative Proceedings

N.H. Code Admin. R. Ann. Tra 202.01 Presiding Officer {#sec-tra-202.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.01}

(a) The commissioner shall appoint from among the employees of the department a person to act as presiding officer at adjudicative proceedings.

(b) The presiding officer shall:

(1) Regulate and control the course of a hearing;

(2) Seek to facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Personally receive all evidence offered at all hearings conducted in a contested case;

(5) Rule on requests to exclude irrelevant, immaterial or unduly repetitious evidence;

(6) Rule on procedural requests, including adjournments or postponements;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8) Take any other action consistent with applicable law to conduct the hearing and complete the record in a fair and timely manner; and

(9) Draft a written decision as a recommendation to the commissioner for disposition of the matter.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.02 Withdrawal of Presiding Officer {#sec-tra-202.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.02}

(a) The presiding officer shall withdraw from a hearing if good cause is shown to exist.

(b) Good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates:

a. Bias against a party; or

b. That he or she has prejudged the facts of a case; or

(3) Personally believes for any other reason that:

a. He or she cannot fairly judge the facts of a case; or

b. Continuing to serve as presiding officer would create the appearance of an impropriety or a conflict of interest.

(1) General knowledge of the issues presented in a case that is available to the public; or

(2) Previous acquaintance or contact that is not related to the adjudicative proceeding with a party, a witness, or counsel for a party.

(d) In the event that the presiding officer is absent, or must be excused from a particular proceeding, the commissioner shall appoint an acting presiding officer to preside in such proceedings.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.03 Waiver or Suspension of Rules by Presiding Officer {#sec-tra-202.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.03}

(a) Upon the motion of any party, or upon his or her own initiative, and following notice and an opportunity for hearing to all affected persons, the presiding officer may suspend or waive any requirement or limitation imposed by this chapter when:

(1) The proposed waiver or suspension appears to be lawful; and

(2) The proposed waiver or suspension would be more likely to promote the fair, accurate and efficient resolution of issues pending before the department than would adherence to the rule or procedure.

History

#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.04 Standards of Conduct for the Presiding Officer {#sec-tra-202.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.04}

(a) The presiding officer shall perform all assigned duties impartially.

(b) The presiding officer shall perform all duties diligently, to the end that departmental hearings are conducted with reasonable dispatch and promptness.

(c) The presiding officer shall know the law and the rules governing the department in general and the proceeding in particular.

(d) The presiding officer shall maintain order and decorum in proceedings before the department.

(e) The presiding officer shall be patient and courteous to all persons who participate in the hearings process.

(f) The presiding officer shall not engage in ex parte communications with participants in a hearing, other than the following:

(1) Communication regarding scheduling of hearings;

(2) Requests for copies of rules, or other documents; or

(3) Other procedural matters not dealing with the substantive issues presented by the proceeding.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.05 Documents {#sec-tra-202.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.05}

(a) Any document that is submitted for filing that is not in compliance with these rules shall be returned to the person seeking to file the document.

(b) A document shall be considered filed with the department when it is actually received by the office of the commissioner in original paper format, computer readable format, or facsimile format in conformance with the requirements of this part.

(c) Copies of all documents issued by the presiding officer or filed by any party to a proceeding governed by these rules shall be delivered to all other parties to the proceeding.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

(e) These rules shall not limit the ability of parties to share documents between themselves via any mutually agreeable format.

(f) All documents filed under this part as original paper format shall:

(1) Be printed or typewritten on durable white paper, sized 8- 1/2" by 11";

(2) Be double-spaced, with the exception of quotations, which shall be single-spaced and indented;

(3) Be printed on only one side of the page;

(4) Contain the title of the proceeding, and docket number once assigned;

(5) Be dated and signed in ink;

(6) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(7) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding by:

a. Personal delivery;

b. Depositing a copy of the document, postage prepaid, in the United States mail, addressed to the last address given to the agency by the party;

c. Facsimile; or

d. A computer format readable by the recipient.

(g) All documents meeting the format requirements of original paper format may be filed via facsimile machine to the office of the commissioner, at the telephone number of 603-271-3914.

(h) All documents filed upon computer readable media or via electronic mail shall meet the following standards:

(1) The media and the information stored on the media shall be readable using machines and software readily available in the department;

(2) A copy of the media and the information contained thereon shall be simultaneously made available to all other parties in the proceeding; and

(3) The party filing the media shall simultaneously file a paper format or facsimile format certification with the office of the commissioner listing:

a. The information contained on the media, and

b. The hardware type and software type required to access the information.

(i) If a member of the public or another party in the proceeding requests that paper based copies of the information be filed or produced for inspection, the party filing the computer readable format information shall, at its sole expense, make paper based copies of the information available within a reasonable time.

(j) If a document in computer readable format is not made available in paper based format as provided above, the presiding officer shall, after notice and an opportunity to be heard, provide relief to the person who did not receive the document including, but not limited to:

(1) An enlargement of time to respond to the document;

(2) Denial of the relief requested in the document; or

(3) Exclusion of the document from the record.

(k) A party or representative's signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.06 Computation of Time {#sec-tra-202.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.06}

(a) Unless otherwise specified, all time periods referenced in these rules shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the first day following the day on which the act which initiates such period of time occurs, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or state legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or state legal holiday.

(d) All orders, decisions, notices, or other written correspondence or documents issued by or at the direction of the department shall be deemed to have been issued on the date noted on the document.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.07 Pleadings {#sec-tra-202.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.07}

(a) The initial request for a hearing in an adjudicative proceeding shall be termed a petition, received from a petitioner.

(b) A petition shall contain the following information:

(1) The name and address of the petitioner, which can be the department;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the fact, event, or provision of law which causes the petitioner to request the department to act; and

(4) The action that the petitioner wishes the department to take.

(c) All parties with an interest adverse to the petitioner shall be termed respondents, and shall be deemed to generally deny the allegations of the petitioner.

(d) If a respondent elects to respond to the petition, or request alternative relief, the pleading shall be termed an answer and contain the following information:

(1) The name and address of the respondent;

(2) The name and address of the respondent's representative, if any;

(3) A statement admitting, denying, or claiming to have insufficient information to respond to each and every allegation set forth in the petition;

(4) A concise statement of each and every fact or provision of law which causes the respondent to request the department not to act, or to act differently from the manner requested by the petitioner;

(5) The identification of any statutes, rules, orders, or other authority, not identified in the petition, bearing upon the subject matter of the petition; and

(6) The action that the respondent wishes the department to take.

(e) Unless otherwise provided by orders of the presiding officer, an answer shall be filed within 30 days after delivery of the initial notice to the parties.

(f) The petitioner shall be presumed to deny all allegations in the answer and no responsive pleading is required.

(g) Any further request for relief filed by any party shall be termed a motion.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.08 Order of Notice {#sec-tra-202.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.08}

(a) Upon receipt of a petition, the presiding officer shall assign the proceeding a unique docket number.

(b) The presiding officer shall issue an order of notice for a hearing, containing the following information:

(1) Identification of the parties to the proceeding as of the date of the order;

(2) A short statement of the subject matter identified in the request for hearing;

(3) The statutory authority for the proceeding, and any applicable department rules;

(4) Whether the hearing will be a prehearing conference, hearing on motions, or a final hearing;

(5) The name of the presiding officer for the proceeding;

(6) The date, time, and place set for the hearing; and

(7) A statement that each party has a right to have an attorney represent them at their own expense;

(1) All known parties to the proceeding by certified mail;

(2) Any affected municipality by ordinary mail; and

(3) The office of the attorney general by ordinary mail or by electronic mail.

(d) Unless otherwise provided by statute, the date and time for the initial hearing in a proceeding shall be set at least 10 days from the date of the notice, unless the parties agree to a longer or shorter period.

(e) All hearings shall be held at the John O. Morton Building, 7 Hazen Drive, Concord, NH unless the presiding officer shall for good cause, after motion, notice and opportunity to heard, set a different location for the conduct of some or all of the proceeding.

(f) Good cause shall include:

(1) The need to conduct a view of a specific location relevant to a hearing;

(2) The convenience of the parties, attorneys, public officials, or witnesses to a proceeding; or

(3) Any other factor that would suggest that time or resources would be conserved if the hearing were held at an alternate location.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.09 Postponements {#sec-tra-202.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.09}

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.

(1) The unavailability of parties, witnesses or attorneys necessary to conduct the hearing;

(2) The likelihood that a hearing will not be necessary because the parties have reached a settlement; or

(3) Any other circumstance where the presiding officer finds that a postponement would assist in resolving the case fairly.

(d) The presiding officer shall, as soon as practicable, send a written order of notice to all parties stating the rescheduled date, time and place of the postponed hearing.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.10 Failure to Attend Hearing {#sec-tra-202.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.10}

(a) If any party to whom notice has been given in accordance with these rules fails to attend a hearing, the presiding officer shall note that fact upon the record, and take action as required herein.

(b) If the party with the burden of proof fails to appear, the presiding officer shall dismiss the case.

(c) If the party with the burden of proof in the case appears, but the other party fails to appear, the presiding officer shall:

(1) Hear the testimony and receive the evidence offered by the party, and:

(2) Either:

a. Enter an order for the relief requested if the party meets the burden of proof; or

b. Deny the relief requested if the party fails to meet the burden of proof.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.11 Prehearing Conference {#sec-tra-202.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.11}

(a) The presiding officer shall schedule one or more prehearing conferences upon the request of any party, or whenever it appears warranted by the complexity of issues presented or the need for information sharing between the parties.

(b) Witnesses or other persons not directly involved in the management of the proceeding shall not be required to, but may at their option attend the prehearing conference.

(c) The parties shall, either in person or through a representative, attend the prehearing conference prepared and authorized to discuss and take action to resolve the following issues:

(1) Offers of settlement;

(2) Simplification of the issues;

(3) Stipulations or admissions as to issues of fact or proof by consent of the parties;

(4) Limitations on the number of witnesses;

(5) Changes to standard procedures;

(6) Consolidation of examination of witnesses;

(7) The exchange of relevant information;

(8) A proposed date for the final hearing;

(9) Whether all necessary parties have been joined;

(10) Whether notice has been provided to all interested parties; and

(11) Any other matters that aid in the disposition of the proceeding.

(d) Following the prehearing conference, the presiding officer shall issue a written order of decision on the issues discussed in the conference.

(e) Unless later changed by an additional order, the prehearing conference order shall bind the parties on the matters contained therein during the conduct of the final hearing.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.12 Rules of Practice and Procedure {#sec-tra-202.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.12}

Joinder and Severance.

(a) Upon the motion of a party, or whenever it appears to the presiding officer that 2 or more proceedings involve substantially similar or related parties or issues, the proceedings shall be joined for hearing, decision, or both.

(b) Upon motion of a party, or whenever it appears to the presiding officer that prejudice to a party or undue delay can be thereby avoided, the presiding officer shall sever one or more issues or parties, and dispose of those issues or the rights of those parties in another proceeding.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.13 Intervention {#sec-tra-202.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.13}

(a) A person may seek to intervene in a matter pending before the department by filing a motion stating facts demonstrating that the person qualifies as an intervenor pursuant to RSA 541-A:32, or any other provision of law.

(b) The presiding officer shall grant the motion for intervention if:

(1) The motion states facts demonstrating that the movant’s rights, duties, or other substantial interests might be affected by the proceeding; or

(2)The movant qualifies as an intervenor under any provision of law.

(1) Is in the interests of justice; and

(2) Will not impair the orderly and prompt conduct of the hearing.

(d) An intervenor shall be entitled to participate in a hearing as a full party unless:

(1) The presiding officer finds that the legally recognized interests of the intervenor are limited to less than all of the issues presented in the proceeding;

(2) The intervenor requests to be heard on less than all of the issues presented in the proceeding; or

(3) The presentation of information, or the cross examination of witnesses by the intervenor can be combined with the presentation or cross examination of another intervenor to promote the prompt and orderly conduct of the proceeding.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.14 Appearances {#sec-tra-202.14 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.14}

(a) Any person named as a petitioner, respondent, or intervenor in an adjudicative proceeding may appear before the department by personal attendance or through the attendance of a representative appointed by the person.

(b) Any party to an adjudicative proceeding and any person who has filed a pleading in an adjudicative proceeding shall maintain a current address and telephone number on file with the presiding officer until completion of the matter.

(d) Notices mailed by first class mail, postage prepaid, to the address on file with the presiding officer shall be presumed to have been received by the party.

(e) A person may appoint any other adult person to represent him or her in the proceeding.

(f) Persons other than natural persons shall only be represented by:

(1) An attorney-at-law licensed to practice in New Hampshire; or

(2) Any of the following, if applicable:

a. If a corporation, an officer, director, or shareholder.

b. If a partnership or limited partnership, by a general partner.

c. If a limited liability company by a manager or member.

d. If a trust, by a trustee or person representing a majority of the beneficial interests of the trust.

(g) The department of transportation shall appear in a proceeding through:

(1) Staff responsible for the substantive area under consideration;

(2) A representative of the department of justice, or;

(3) By both agency staff and the department of justice acting together.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.15 Disqualification of a Representative {#sec-tra-202.15 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.15}

(a) An individual shall be prohibited from acting as a representative before the department in the pending proceeding if, after notice and an opportunity for hearing, the presiding officer finds that the individual has engaged in misconduct concerning the hearing.

(b) A finding of misconduct shall be based on acts or failures to act which result in one or more of the following consequences in a pending proceeding:

(1) Disruption of the orderly conduct of procedure; or

(2) Prejudice to the substantive rights of other parties.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.16 Motions {#sec-tra-202.16 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.16}

(a) All motions shall state clearly and concisely:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority relied upon in support of the motion; and

(4) The facts claimed to constitute the grounds permitting the relief requested by the motion.

(b) Objections to motions shall state clearly and concisely:

(1) Whether the party filing the objection admits, denies, or has insufficient information to admit or deny each and every allegation of fact asserted in the motion;

(2) Any defense relied upon by the party filing the objection;

(3) The action which the party filing the objection wishes the presiding officer to take on the motion; and

(4) The statute, rule, order, or other authority relied upon in making the objection.

(c) Unless otherwise provided by an order of the presiding officer, objections to motions shall be filed within 10 days after the party receives a copy of the motion.

(d) Failure to object to a motion within the time allowed shall be deemed an admission of the facts alleged in the motion, and a waiver of objection to the relief sought.

(e) All motions shall be decided upon the documents submitted, unless oral argument on the motion or the objection thereto is requested by the presiding officer, or by a party within the text of the pleading.

(f) The presiding officer shall not rule upon any motion prior to providing the other parties a full opportunity to object and provide any additional information which may be relevant to a fair and just consideration of the issue.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.17 Rules of Practice and Procedure {#sec-tra-202.17 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.17}

Prehearing Exchange of Information.

(a) Unless a different time is set forth in a prehearing conference order, one week prior to the commencement of a hearing the parties shall exchange the following:

(1) A list identifying each witness expected to be called at the hearing with a brief description of that witness's testimony;

(2) A list of all exhibits expected to be presented at the hearing; and

(3) Any requests for changes to the procedures specified in these rules or other matters concerning the conduct of the hearing.

(b) If a party wishes to obtain information directly related to the matter from another party, the requesting party shall request the information in writing.

(1) Providing the information requested;

(2) Explaining in writing that the information will not be provided because the party believes it to be:

a. Confidential;

b. Privileged;

c. Not directly related to the matter at hand; or

d. Excessively burdensome to produce; or

(3) Identifying a date and time when the information can be made available for inspection, which date and time shall be sufficiently in advance of the hearing on the matter that the information can be reasonably reviewed prior to the hearing.

(d) A party who has requested information that is not provided may, by motion, request the presiding officer to compel the party of whom the information was requested to provide the information.

(e) No motion to compel an exchange of information shall be accepted within 5 days before a scheduled hearing unless the presiding officer determines that the party requesting the information could not by the exercise of reasonable diligence have discovered the existence of the information within the time ordinarily allowed to request the information.

(f) Any party who objects to the disclosure of information which is sought to be exchanged may request by motion, or objection to a motion to compel, an order which

(1) Protects the information from disclosure or redisclosure;

(2) Limits the scope of the information to be exchanged; or

(3) Otherwise restricts the use of information by the party to who disclosed.

(g) If, after notice and an opportunity to be heard, the presiding officer finds that a party has failed to exchange information in accordance with orders issued in the proceeding, appropriate sanctions shall be imposed against the party in violation of the order, including:

(1) Delaying or adjourning the hearing until the information is provided;

(2) Ruling that such information shall not be admissible at the hearing on the matter or in any subsequent proceeding on the matter, unless the information is already a matter of public record; or

(3) Noting the facts upon the record, and entering a decision on the merits finding in favor of the requesting party, and adverse to the party in violation.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.18 Conduct Of Hearings {#sec-tra-202.18 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.18}

(a) Each witness called to provide testimony shall first be administered an oath or affirmation by the presiding officer that the testimony provided in the hearing shall be the truth.

(b) The formal rules of evidence shall not apply in adjudicative proceedings.

(1) Testimony of live witnesses;

(2) Testimony of expert witnesses;

(3) Demonstrative or documentary evidence;

(4) Cross examination of adverse witnesses;

(5) An opening or closing statement upon the record; and

(6) A view of property by the presiding officer.

(c) Exhibits shall be sequentially identified and numbered in a single series without being designated as for the petitioner or respondent.

(d) At the time the exhibit is marked for identification, the party offering the exhibit shall provide an original to the presiding officer, and a copy for each party.

(e) No reference shall be made to an exhibit, other than to mark it for identification, before the presiding officer has accepted it into evidence.

(f) The presiding officer shall exclude information that is irrelevant, immaterial, or unduly repetitious.

(g) The presiding officer shall observe matters of privilege recognized by law.

(h) If there is a factual dispute in which the credibility of testimony might determine the outcome of the hearing, the presiding officer shall sequester witnesses until they are called to testify, provided that each party shall have the right to have one person present at all times during the hearing process.

(i) Official notice of facts may be taken pursuant to RSA 541-A:33,V.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.19 Standard and Burden of Proof {#sec-tra-202.19 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.19}

(a) A party requesting relief from the department shall bear the burden of producing evidence to show, as a matter of law, an entitlement to such relief.

(b) A party asserting a fact shall bear the burden of proving the truth of the fact by a preponderance of the evidence, meaning proof that the proposition is more likely true than not true.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.20 Proposed Findings of Fact and Conclusions of Law {#sec-tra-202.20 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.20}

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the final hearing.

(b) Upon motion, or by agreement of the parties, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the written decision of the presiding officer shall include rulings on the proposals.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.21 Closing the Record {#sec-tra-202.21 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.21}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraph (b) of this section.

(b) The presiding officer shall keep the record open for the filing of specified evidence not available at a hearing if:

(1) The other parties to the hearing have no objection, or

(2) The presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.22 Reopening the Record {#sec-tra-202.22 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.22}

(a) Upon the motion of any party or upon his or her own initiative, the presiding officer shall reopen the record if:

(1) The action is taken prior to the issuance of the decision on the merits;

(2) The presiding officer determines that additional testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided; and

(3) The information received is relevant, material and non-duplicative of the testimony, evidence or arguments already part of the record.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.23 Settlements {#sec-tra-202.23 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.23}

(a) At any time prior to the entry of a decision on the merits, all parties may agree to the terms and conditions of a settlement.

(b) No settlement agreement shall become final and binding until a document containing the terms of the agreement is:

(1) Signed by each party;

(2) Each party receives a copy of the fully executed document;

(3) The executed document is filed with the presiding officer;

(4) The presiding officer finds that the terms of the proposed settlement are consistent with applicable law; and

(5) The presiding officer incorporates the settlement agreement into an order.

(c) A settlement agreement that is incorporated into a final order shall conclude the proceeding, and constitute a waiver of the rights of any party to further hearing or appeal in the matter.

(d) If the presiding officer finds that the terms of the proposed settlement are not consistent with applicable law, and refuses to incorporate the proposed settlement agreement into a final order, the proceeding shall continue until a final order is rendered, subject to the right of any party to file a further appeal as provided by statute.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.24 Decisions {#sec-tra-202.24 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.24}

(a) A decision shall be made on the matter only after full consideration of the record, the credibility of the witnesses, and any reasonable inferences that may be drawn therefrom.

(b) As the presiding officer is a designee of the commissioner, the presiding officer shall submit the record to the commissioner, which contains the following:

(1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);

(2) The names and addresses of all parties to the matter;

(3) All pleadings, evidence and exhibits presented;

(4) The verbatim record of each hearing in the proceeding;

(5) Proposed rulings on any requests for findings of fact and rulings of law submitted by the parties; and

(6) A recommended decision.

(c) After reviewing the record of the proceedings, the commissioner shall cause a written decision to be prepared, which shall:

(1) Summarize the nature of the proceedings;

(2) State the decision rendered;

(3) State the findings of fact and conclusions of law; and

(4) Advise the parties of such further rights of appeal as may be available under the statute.

(d) A copy of the decision and order shall be delivered personally or sent to all parties through the United States mails.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.25 Clarification {#sec-tra-202.25 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.25}

(a) Any party may seek, by written motion served upon all parties, clarification of a written decision or order.

(b) The presiding officer shall, after opportunity for objection, rule on the motion and clarify the decision and order as required to resolve the points raised by the moving party.

(c) The filing of a timely motion for clarification shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless:

(1) R requested by the moving party; and

(2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.26 Reconsideration and Rehearing {#sec-tra-202.26 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.26}

(a) A motion for reconsideration and rehearing shall be filed within 30 days of the date of the decision or order.

(b) A motion for reconsideration and rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;

(2) Describe how each error causes the department’s decision to be:

a. Unjust or unreasonable;

b. Unlawful in respect to jurisdiction, authority or observance of the law; or

c. An unsustainable exercise of discretion.

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

(c) A motion for reconsideration and rehearing shall be granted if it demonstrates that the department’s decision is unlawful, unjust or an unsustainable exercise of discretion.

(d) The filing of a timely motion for reconsideration shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless:

(1) Requested by the moving party; and

(2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.

(e) If reconsideration is granted, the presiding officer shall enter a written order, which shall stay implementation of the decision, and reopen the proceeding for the consideration of such additional evidence as the parties elect to present.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.27 Appeals {#sec-tra-202.27 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.27}

(a) All appeals from the decision and order issued by the presiding officer shall be directed to:

(1) The transportation appeals board, for cases described in RSA 21-L:15;

(2) The railroad appeals board, for cases described in RSA 21-L:16;

(3) The aviation users advisory board for cases described in RSA 21-L:8, or

(4) A court of competent jurisdiction, for all other cases.

(b) All appeal documents shall be filed within 30 days of:

(1) Receipt of the original decision and order;

(2) Receipt of a ruling upon a timely filed motion for clarification; or

(3) Receipt of a ruling upon a timely filed motion for reconsideration.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 202.28 Record {#sec-tra-202.28 omnilex-key=us-nh-regs-official--agency-tra--Tra 202.28}

(a) A record of the adjudicative hearing shall be kept by tape recording or other method that will provide a verbatim record.

(b) Copies of the recording shall be provided to any person upon request and payment of the costs of the tape(s) and staff time to make the copy, or of staff time only if enough blank tapes to copy the hearing tape(s) are submitted with the request.

(c) If any person desires a transcript of the hearing tape(s), the department shall prepare or cause to be prepared a transcript provided the cost of the transcription is paid in advance by the person(s) requesting the transcript.

(d) The record shall be retained in accordance with RSA 541-A:30-a,VII.

History

#7927-A, eff 7-26-03

Part Tra 203 Rulemaking Proceedings

N.H. Code Admin. R. Ann. Tra 203.01 Scope {#sec-tra-203.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.01}

(a) These rules apply to all hearings conducted by the department during rulemaking proceedings pursuant to RSA 541-A.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.02 Notice {#sec-tra-203.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.02}

(a) Notice of a public hearing for a rulemaking proceeding shall be provided in accordance with RSA 541-A:6.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.03 Moderator {#sec-tra-203.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.03}

(a) The hearing shall be presided over by a moderator, who shall be the commissioner or a designee knowledgeable in the particular subject matter of the proposed rules.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption;

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker;

(6) Revoke recognition of a speaker who:

a. Seeks to speak beyond the time limit set by the moderator;

b. Undertakes to make derogatory, or otherwise offensive remarks; or

c. Speaks primarily to issues that are not the subject of the hearing;

(7) Remove or have removed any person who disrupts the hearing; and

(8) Adjourn the hearing; and

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.04 Postponements and Continuation {#sec-tra-203.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.04}

(a) The moderator shall postpone a hearing to a later date, time, or place in the event of:

(1) Inclement weather;

(2) Illness or unavoidable absence of the moderator, or other designee of the commissioner; or

(3) A determination by the commissioner that a postponement would serve to increase public participation in the hearing.

(b) Notice of the new date, time, and place of the hearing shall be provided pursuant to RSA 541-A:11 IV,(d).

(c) The moderator shall continue a public hearing past its scheduled time for termination if necessary to receive comment from the public.

(d) Upon request from members of the public, the moderator may extend the time specified for the receipt of written comments, if such extension will serve to improve the quality or quantity of public participation in the hearing.

(e) Notice of a continuation of a public hearing or written comment period shall be provided pursuant to RSA 541-A:11,III.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.05 Media Access {#sec-tra-203.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.05}

(a) Public comment hearings shall be open to all representatives of the media.

(b) The moderator shall place limits on the activities of the media to maintain decorum and avoid disruption in the following ways:

(1) Assure that the number of media representatives does not cause other citizens to be excluded from the hearing room;

(2) Limit the placement of cameras, lights, equipment and microphones to certain locations in the hearing room; and

(3) Prohibit interviews from being conducted within the hearing room during the hearing.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.06 Public Participation {#sec-tra-203.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.06}

(a) Any person who desires to submit written testimony at a hearing shall sign and date the document, and provide a copy to the presiding officer.

(b) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name on a speakers' list before the last speaker on the list has finished speaking.

(c) Except as limited below, all whose names appear on the speakers' list shall be afforded an opportunity to speak at the hearing.

(d) The moderator shall:

(1) Refuse to recognize a person who refuses to give his full name.

(2) Limit the amount of time each speaker may speak to a reasonable time, which shall be determined by considering:

a. The number of people who wish to be heard

b. The time available; and

c. Any limits imposed on the hearing by the facility where the hearing occurs.

(3) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(4) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(5) Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues that are the subject of the hearing.

(e) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 10 calendar days after the hearing.

(f) When the moderator determines that no other persons wish to speak, he or she shall close the hearing.

(g) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which may be heard within a reasonable period of time, the moderator shall continue the proceeding as set forth in Tra 206.04 above.

History

#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 203.07 Record {#sec-tra-203.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 203.07}

(a) A record of the public comment hearing shall be kept by tape recording or other method that will provide a verbatim record.

(c) If any person desires a transcript of the hearing tape(s), the department shall prepare or cause to be prepared a transcript, provided the cost of the transcription is paid by the person(s) requesting the transcript.

(d) The record shall be retained in accordance with RSA 541-A:30-a,VII.

History

#7927-A, eff 7-26-03

Part Tra 204 Declaratory Rulings

N.H. Code Admin. R. Ann. Tra 204.01 Scope. {#sec-tra-204.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 204.01}

This part shall apply to receipt of petitions for declaratory rulings, disposition of the same, and providing notice of the ruling to the public and the regulated community.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 204.02 Petition {#sec-tra-204.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 204.02}

(a) All requests to specify the applicability of a statutory provision, rule, or order of the department to a defined factual situation, a person, or a group of named individuals identified as having a common interest in the outcome shall be deemed a petition for a declaratory ruling.

(b) The petition shall:

(1) Identify the statute, rule or order involved;

(2) Describe with particularity the question of law which arises in the factual situation applicable to the petitioner; and

(3) Contain all applicable argument, memoranda of law or other materials which the petitioner believes supports the issuance of the proposed ruling;

(4) Contain a specific request for a finding of fact or ruling of law regarding the identified state, rule, or order;

(5) Be signed and dated by the person submitting the same; and

(6) Include an address or other means of communicating the decision on the petition to the person who filed the document.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 204.03 Filing {#sec-tra-204.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 204.03}

A person wishing to file a petition for a declaratory ruling shall file the original and one copy of the petition with the commissioner at:

“Office of the Commissioner

NH Department of Transportation

7 Hazen Drive

Concord, NH 03301”

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 204.04 Action on Petition {#sec-tra-204.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 204.04}

(a) The commissioner, or a designee, shall provide a copy of the petition as filed to the department of justice for review and comment.

(b) The commissioner shall provide notice to the public and hold a public comment hearing pursuant to Tra 203, above.

(c) The commissioner shall issue a written ruling on the petition that clearly and concisely sets forth the determination on the matter, the scope of the ruling, and its applicability to the petitioner or petitioners.

(d) When issued, the commissioner shall cause a copy of the declaratory ruling to be published in the rulemaking register pursuant to RSA 541-A, and otherwise be distributed to the public and the regulated community by such method as is most likely to advise those affected by the ruling.

History

#7927-A, eff 7-26-03

Part Tra 205 Rulemaking Petitions

N.H. Code Admin. R. Ann. Tra 205.01 Scope {#sec-tra-205.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 205.01}

This part shall apply to any petition submitted to the commissioner pursuant to RSA 541-A seeking the adoption, amendment, or repeal of a rule.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 205.02 Filing {#sec-tra-205.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 205.02}

A person wishing to file a petition for rulemaking shall file the original and one copy of the petition with the commissioner at:

“Office of the Commissioner

NH Department of Transportation

7 Hazen Drive

Concord, NH 03301”

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 205.03 Content of the Petition {#sec-tra-205.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 205.03}

(a) A person filing a petition for rulemaking shall provide the following information:

(1) The text of the rule or rules which the person seeks to have adopted, amended, or repealed by the commissioner;

(2) A concise statement of the reason why the commissioner should take the requested action upon the proposed text;

(3) The chapter, part, and section of the department’s rules affected by the petition;

(4) The name and address of the petitioner; and

(5) The place where notices should be mailed, if different from the address provided.

(b) A petition for rulemaking which does not contain the required information shall be returned to the petitioner without action by the commissioner, without prejudice to the filing of a corrected or updated petition at any time.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-A, eff 7-26-03

N.H. Code Admin. R. Ann. Tra 205.04 Processing of the Petition {#sec-tra-205.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 205.04}

(a) Upon receipt of a petition for rulemaking, the commissioner shall proceed in accordance with RSA 541-A:4.

(b) The petition shall be granted, and a rulemaking proceeding shall be initiated pursuant to RSA 541-A, if the commissioner finds that the requested action is consistent with state and federal law and policy.

History

#7927-A, eff 7-26-03

Part Tra 206 Nonadjudicative Proceedings

N.H. Code Admin. R. Ann. Tra 206.01 Scope {#sec-tra-206.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.01}

(a) These rules shall apply to all hearings conducted by the department at which public comment is solicited, except adjudicative hearings or layout hearings for roads or bridges.

(b) If any requirement set by these rules conflicts with an applicable state or federal statute or federal regulation, the requirement of the statute or federal regulation shall control.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.02 Notice {#sec-tra-206.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.02}

(a) Public comment hearings shall be commenced by advertising the hearing prior to the hearing date in a manner consistent with RSA 91-A, including:

(1) A minimum of one local newspaper, if a local issue;

(2) A newspaper of state-wide circulation if an issue affecting the state in general, or more than one municipality;

(3) The department’s internet website; or

(4) The calendars published by the New Hampshire house of representatives and the New Hampshire senate.

(b) Pursuant to RSA 236:94, notice of a public hearing for a state junkyard license application shall be published in a newspaper having a circulation within the municipality not less than 7 days before the date of the hearing.

(1) The date, time and place of the hearing;

(2) A brief description of the issue or issues to be covered;

(3) The name of the person to contact for more information;

(4) The place where a copy of documents or plans to be presented at the hearing may be obtained;

(5) A statement that the record shall be held open for 10 calendar days after the hearing has been concluded for the submission of written materials; and

(6) A statement as to whether continuation of a public comment hearing will be published, as required by statute.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.03 Moderator {#sec-tra-206.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.03}

(a) The hearing shall be presided over by a moderator, who shall be the commissioner or a designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption;

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker;

(6) Revoke recognition of a speaker who:

a. Seeks to speak beyond the time limit set by the moderator;

b. Undertakes to make derogatory, or otherwise offensive remarks; or

c. Speaks primarily to issues that are not the subject of the hearing;

(7) Remove or have removed any person who disrupts the hearing;

(8) Adjourn the hearing; and

(9) Provide opportunity for the submission of written comments.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.04 Postponements {#sec-tra-206.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.04}

(a) If any person requests a postponement, the moderator shall order the hearing continued to a later date, time, or place if he or she determines:

(1) That the public will be best served by postponing the hearing; and

(2) That any prejudice caused to any person as a result of the postponement is outweighed by the benefit to the public of granting the postponement.

(b) If such later date, time, and place are known at the time of the hearing that is being postponed, the moderator shall state the date, time, and place on the record.

(c) If such later date, time, and place are not known at the time of the hearing that is being postponed, the moderator shall state how notice will be given of the date, time, and place of the continued hearing.

History

#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.05 Media Access {#sec-tra-206.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.05}

(a) Public comment hearings shall be open to all representatives of the media.

(b) The moderator shall place limits on the activities of the media to maintain decorum and avoid disruption in the following ways:

(1) Assure that the number of media representatives does not cause other citizens to be excluded from the hearing room;

(2) Limit the placement of cameras, lights, equipment and microphones to certain locations in the hearing room; and

(3) Prohibit interviews from being conducted within the hearing room during the hearing.

History

#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.06 Public Participation {#sec-tra-206.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.06}

(a) Any person who desires to submit written testimony at a hearing shall sign and date the document, and provide a copy to the presiding officer.

(c) Except as limited below, all whose names appear on the speakers' list shall be afforded an opportunity to speak at the hearing.

(d) The moderator shall:

(1) Refuse to recognize a person who refuses to give his full name;

(2) Limit the amount of time each speaker may speak to a reasonable time, which shall be determined by considering:

a. The number of people who wish to be heard;

b. The time available; and

c. Any limits imposed on the hearing by the facility where the hearing occurs.

(4) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(5) Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues that are the subject of the hearing.

(f) When the moderator determines that no other persons wish to speak, he or she shall close the hearing.

(1) Accept testimony for the time available;

(2) Arrange to continue the hearing to a later date, time, and place; and

(3) Provide notice of the new hearing pursuant to Tra 203.02.

History

#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 206.07 Record {#sec-tra-206.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 206.07}

(a) A record of the public comment hearing shall be kept by tape recording or other method that will provide a verbatim record.

(c) If any person desires a transcript of the hearing tape(s), the department shall prepare or cause to be prepared a transcript provided the cost of the transcription is paid by the person(s) requesting the transcript.

(d) The record shall be retained in accordance with RSA 541-A:30-a VII.

History

#7927-B, eff 7-26-03, EXPIRED: 7-26-11

Part Tra 207 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Tra 207.01 Requests for Explanation of Adopted Rules {#sec-tra-207.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 207.01}

(a) Any interested person may, before 30 days after final adoption of a rule, request a written explanation of that rule by making a written request to the commissioner.

(b) The request shall include:

(1) The name and address of the person making the request; or

(2) If the request is that of an entity, the name and address of the entity and the name and address of the representative authorized by the entity to make the request.

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-B, eff 7-26-03, EXPIRED: 7-26-11

N.H. Code Admin. R. Ann. Tra 207.02 Rules of Practice and Procedure {#sec-tra-207.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 207.02}

Contents of Explanation. The commissioner shall, within 90 days of receiving a request for explanation of a rule, provide a written response which:

(a) Concisely states the meaning of the rule adopted;

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

(c) States why, if the commissioner did so, the commissioner overruled any arguments and considerations presented against the rule.

APPENDIX

Rule

Title

Statutes Implemented

Tra 201.01

Purpose

RSA 541-A:16, 541-A:30-a

Tra 201.02

Scope

RSA 541-A:16, 541-A:30-a

Tra 201.03

Definitions

RSA 541-A:1

Tra 202.01

Presiding Officer

RSA 541-A:31

Tra 202.02

Withdrawal of Presiding Officer

RSA 541-A:31

Tra 202.03

Waiver or Suspension of Rules by Presiding Officer

RSA 541-A:31

Tra 202.04

Standards of Conduct for Presiding Officer

RSA 541-A:31, 541-A:36

Tra 202.05

Documents

RSA 541-A:33

Tra 202.06

Computation of Time

RSA 541-A:31

Tra 202.07

Pleadings

RSA 541-A:31

Tra 202.08

Order of Notice

RSA 541-A:31 III, 541-A:39

Tra 202.09

Postponements

RSA 541-A:31

Tra 202.10

Failure to Attend Hearing

RSA 541-A:31

Tra 202.11

Prehearing Conference

RSA 541-A:31 V(b)

Tra 202.12

Joinder and Severance

RSA 541-A:31

Tra 202.13

Intervention

RSA 541-A:32

Tra 202.14

Appearances

RSA 541-A:31

Tra 202.15

Disqualification of a Representative

RSA 541-A:31

Tra 202.16

Motions

RSA 541-A:31

Tra 202.17

Prehearing Exchange of Information

RSA 541-A:31 V

Tra 202.18

Conduct of Hearings

RSA 541-A:31, 541-A:33

Tra 202.19

Standard and Burden of Proof

RSA 541-A:31 V

Tra 202.20

Proposed Findings of Fact and Conclusions of Law

RSA 541-A:35

Tra 202.21

Closing the Record

RSA 541-A:31 VI

Tra 202.22

Reopening the Record

RSA 541-A:31 VI

Tra 202.23

Settlements

RSA 541-A:31 V(a), 541-A:38

Tra 202.24

Decisions

RSA 541-A:35

Tra 202.25

Clarification

RSA 541-A:35

Tra 202.26

Reconsideration and Rehearing

RSA 541-A:35

Tra 202.27

Appeals

RSA 21-L:8, 21-L:15, 21-L:16

Tra 202.28

Record

RSA 541-A:30-a VII, 541-A:31

Tra 203.01

Scope

RSA 541-A:3

Tra 203.02

Notice

RSA 541-A:6

Tra 203.03

Moderator

RSA 541-A:11 II

Tra 203.04

Postponements & Continuation

RSA 541-A III -IV

Tra 203.05

Media Access

RSA 91-A:2, 541-A:11

Tra 203.06

Public Participation

RSA 541-A:11

Tra 203.07

Record

RSA 541-A:30-a

Tra 204.01

Scope

RSA 541-A:16 I(d)

Tra 204.02

Petition

RSA 541-A:29

Tra 204.03

Filing

RSA 541-A:29

Tra 204.04

Action on Petition

RSA 541-A:29

Tra 205.01

Scope

RSA 541-A:16 I(c)

Tra 205.02

Filing

RSA 541-A:4

Tra 205.03

Content of the Petition

RSA 541-A:4

Tra 205.04

Processing of the Petition

RSA 541-A:4

Tra 206.01

Scope

RSA 541-A:16

Tra 206.02

Notice

RSA 228:99

Tra 206.03

Moderator

RSA 91-A:2

Tra 206.04

Postponements

RSA 91-A:2

Tra 206.05

Media Access

RSA 91-A:2

Tra 206.06

Public Participation

RSA 91-A:2

Tra 206.07

Record

RSA 91-A:2

Tra 207.01

Requests for Explanation of Adopted Rules.

RSA 541-A:11 VII

Tra 207.02

Contents of Explanation

RSA 541-A:11 VII

History

#4174, eff 12-1-86; EXPIRED 12-1-90
#5563, eff 1-28-93, EXPIRED: 1-28-99
#7927-B, eff 7-26-03, EXPIRED: 7-26-11

Chapter Tra 300 Permits

Part Tra 303 Reasonable Access for Twin Trailers

N.H. Code Admin. R. Ann. Tra 303.01 Purpose {#sec-tra-303.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.01}

Federal regulations require that each state establish and implement criteria to evaluate travel by twin trailer vehicles on routes not included in the national network. This part establishes the procedure for departmental review of access route requests for twin trailer trucks operating away from the national network for the purpose of accessing terminal or service facilities.

History

#5825, eff 5-19-94, EXPIRED: 5-19-00
#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.02 Scope {#sec-tra-303.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.02}

These rules shall apply to review of access route requests to operate twin trailer trucks away from the national network in New Hampshire. The department does not have statutory authority to regulate local routes, but does coordinate route approvals with local jurisdictions in instances where local street networks are involved.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.03 Definitions {#sec-tra-303.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.03}

(a) "Access route" means one or more specifically identified routes over state or local roads to provide access between the national network and:

(1) A terminal; or

(2) A service facility providing fuel or repairs for a twin trailer vehicle, or food or rest for its operator.

(b) "Department" means the New Hampshire department of transportation.

(c) "Local route" means one or more specifically identified routes over a New Hampshire class IV or V highway and other class highways within compact sections under municipal jurisdiction.

(d) "National network" means highways designated by the secretary of the United States department of transportation pursuant to the Surface Transportation Assistance Act of 1982, as amended, including:

(l) The national system of interstate and defense highways;

(2) Those sections of the federal-aid primary system which are divided highways with 4 or more lanes, full control of access, and are listed in appendix A to 23 CFR 658; and

(3) The toll sections of the turnpike system, which are divided highways with 4 or more lanes.

(e) "Terminal" means any location where freight originates, terminates, or is handled in the transportation process including, but not limited to:

(1) Motor carrier operating facilities;

(2) Distribution centers;

(3) Rail, waterborne, or air operating facilities; or

(4) Manufacturing locations.

(f) "Twin trailer" means a semitrailer or full trailer being driven as part of a combination vehicle with two trailing units as defined in RSA 266:11, III.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.04 Exemptions {#sec-tra-303.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.04}

Pursuant to the Surface Transportation Assistance Act of 1982, 49 U.S.C.A 2301 et seq., the following shall be exempt from these rules:

(a) A twin trailer truck operating upon the national network; and

(b) Household goods carriers operating upon either the national network or a local route.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.05 Restrictions Within One Mile of the National Network {#sec-tra-303.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.05}

(a) Pursuant to 23 CFR Part 658.19 (d) and (h), neither the department nor any municipality shall restrict a twin trailer truck from using an access route to a terminal or service facility destination located within one road mile of the national network, unless the access route has been posted by the department as unsafe following an access route analysis conducted in accordance with this part.

(b) Prohibition by departmental or local authorities of twin trailer travel within one mile of the national network shall be based solely on the safety criteria provided in Tra 303.07.

(c) The department shall install signs on all state owned twin trailer access routes determined to be unsafe in such locations as will provide sufficient notice to operators of twin trailer trucks of the restriction or the access route.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.06 Request for Access Route off the National Network {#sec-tra-303.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.06}

(a) Access to terminals beyond one mile of the national network shall be allowed through application and individual route review as set forth herein.

(b) A separate application meeting the requirements of Tra 303.07 shall be submitted for each terminal facility to which twin trailer truck access is desired.

(l) Date of application;

(2) Name of applicant;

(3) Address of applicant;

(4) Location of destination facility, to include:

a. City or town; and

b. Route number or street name.

(5) Contact person;

(6) Telephone number of contact person;

(7) An indication whether or not the vehicle using the route will carry hazardous materials as defined in 40 CFR Part 397;

(8) Maximum dimensions of twin trailer vehicles to use route, including:

a. Maximum vehicle width;

b. Maximum trailer length; and

c. Maximum anticipated gross weight.

(9) Description of access route, including:

a. Origin or point of entry into the state, if relevant;

b. Destination;

c. Access route description;

d. Identification of municipal streets to be used; and

e. Identification of state highways to be used.

(10) For requests that involve access upon local routes, the applicant shall also provide the date and proof of approval by the appropriate local authority.

(d) Applications shall be sent to the following address:

New Hampshire Department of Transportation

John O. Morton Building

Bureau of Highway Maintenance, Permit Section

P.O. Box 483

7 Hazen Drive

Concord, NH 03301-0483

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.07 Analysis of Proposed Access Route {#sec-tra-303.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.07}

(a) Upon receipt of an access route request, for which any portion of the proposed route involves travel on local routes, the department shall:

(1) Coordinate analysis of the proposed access route with local authorities, if necessary; and

(2) Share all engineering plans and technical analyses conducted hereunder with local authorities.

(b) The department shall within 30 days after receipt of the application notify the applicant of any errors or omissions, and request any necessary additional information required to facilitate route evaluation.

(1) The width of the travel lanes on the proposed route allow for safe passage and turning of the twin trailer vehicle;

(2) The shoulder conditions and widths along the proposed route allow for emergency travel or stopping of the twin trailer vehicle;

(3) There are passing zones present along the proposed route to allow other motorists unimpeded, safe travel around the twin trailer vehicle;

(4) Stopping sight distance at intersections on the proposed route allows for safe passage of the twin trailer vehicle through the intersections; and

(5) No other condition along the proposed route interferes with normal operation of the twin trailer truck in a manner that poses a safety hazard to motorists.

(d) When engineering plans showing sufficient road details along the entire proposed access route are available, application of vehicle templates to the proposed route shall be sufficient to perform the required analysis of geometric data.

(e) When engineering plans showing sufficient road details along the entire proposed access route are not available, the applicant shall, at its own expense:

(1) Provide a twin trailer vehicle and operator to conduct a test operation over the portion of the proposed route for which plans are not available; and

(2) Arrange with the department and the locality for staff to review the actual operation of the test vehicle over the entire proposed access route.

(f) If a change is made to the national network or a local road that restricts or denies access to a facility on a currently approved route, the department shall conduct an updated review of the access route based on the criteria and methods contained herein.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.08 Decisions {#sec-tra-303.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.08}

(a) Within 90 days after receipt of a complete access application, the department shall:

(1) Approve the application as submitted;

(2) Disapprove the application as submitted; or

(3) Approve the application with conditions that restrict the time of day or days of travel, if necessary, to enhance the safety of twin trailer vehicle movement.

(b) The department shall provide each applicant with written notice of the decision made on the proposed access route that states the reasons for the department's decision and informs the applicant of its right to request a hearing.

(c) Approval of an application for access on any individual route shall apply to all vehicles of the same type, regardless of ownership.

(d) Pursuant to 23 CFR part 658:19 (i) 2 ii (b), if a determination is not made by the department within 90 days of receipt of the application, the access route shall automatically be approved.

(e) Pursuant to 23 CFR Part 658:19 (h), a local decision prohibiting use of an access route shall be subject to department review through the hearings process pursuant to Tra 202.

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.09 Requests for Hearing {#sec-tra-303.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.09}

(a) An applicant or other affected person may request a hearing within 20 days after receipt of the notice of decision from the department or a locality.

(b) The hearing request shall include a statement of the basis for contesting the decision of the department or a locality.

NH Department of Transportation

John O. Morton Building

Office of the Commissioner

P.O. Box 483

7 Hazen Drive

Concord, NH 03301-0483

History

#12156, eff 4-6-17

N.H. Code Admin. R. Ann. Tra 303.10 Reasonable Access Map {#sec-tra-303.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 303.10}

(a) The department shall create a map depicting all access routes in the state that are approved, not approved, or approved with conditions.

(b) The map depicting access routes, and any amendments thereto, shall be distributed:

(1) To all affected localities;

(2) To motor vehicle enforcement officials;

(3) To applicants for access routes; and

(4) To any other person upon request.

History

#12156, eff 4-6-17

Part Tra 304 Oversize and Overweight Vehicle Permits

N.H. Code Admin. R. Ann. Tra 304.01 Purpose {#sec-tra-304.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.01}

The purpose of Tra 304 is to establish procedures and criteria for permits for the movement of non-divisible vehicles, objects, or vehicles and loads having weight, width, height, or length greater than statutorily allowed limits set forth in RSA 266. Pursuant to RSA 266:24, the commissioner, with

the approval of the director of motor vehicles, department of safety, has authority to grant permits that specify routes and times of travel for movement of oversize, overweight, or both, vehicles, objects, or vehicles and

loads. These permits authorize travel only on those state maintained roads and bridges over which the department of transportation has jurisdiction, that is, the state highway system.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.02 Scope {#sec-tra-304.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.02}

Tra 304 shall apply to any individual or business organization wishing to move a non-divisible vehicle, object, or vehicle and load within the state of New Hampshire on the state highway system that has a weight, width, height, or length greater than the limits set forth in RSA 266.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.03 Definitions {#sec-tra-304.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.03}

(a) “Applicant” means a carrier applying for a permit or a permitting service applying for a permit on behalf of a carrier.

(b) “Business organization” means any enterprise, whether a corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, nonprofit organization, or other form of organization, carrying on any business activity within the state.

(c) “Buildings or structures” means a building or structure located on an existing permanent foundation system to be moved to another location and to be placed on a new, existing, or proposed permanent foundation.

(d) “Building component” means an assembled section of a modular building, ready for on-site assembly. This does not include sheds.

(e) “Combination unit” vehicle means coupled vehicles consisting of truck or tractor together with a trailer attached by a pintle hook or a similar coupling system, or a 5th wheel coupling device, with adequate breakaway protection as provided in RSA 266:63.

(f) “Convoy” means more than 2 vehicles with a permitted load for the same individual or business organization traveling in a row on the ways of the state.

(g) “Electronic permitting system” means the department’s on-line electronic system to apply for a permit for vehicles, objects, or vehicles and loads that are oversize, overweight, or both.

(h) “Emergency” means a calamity, existing or imminent, caused by fire, flood, riot, windstorm, explosion, earthquake, extreme weather, terrorist act, or act of God that requires immediate remedial action to protect property or life.

(i) “Hauling unit” means a truck used to move a load or a truck or tractor used to move a load with a trailing unit attached to the truck or tractor.

(j) “Inclement weather” means atmospheric conditions that may interfere with safe operation of a vehicle or load involved in a move, including, but not limited to, fog, haze, heavy rain, freezing rain, sleet, ice, snow, or wind.

(k) “Insufficient highway” means a highway:

(1) That is not passable in any safe manner by those vehicles permitted on the highway by state law; or

(2) On which there exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon the highway at posted speeds, in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state of repair of the highway, including any warning signs, and prevailing visibility and weather conditions.

(l) “Manufactured housing” means “manufactured housing” as defined in RSA 205-D:1, XI, namely, “any structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating, and electrical heating systems contained therein. Manufactured housing as defined in this section shall not include campers or recreational vehicles as defined in RSA 216-I:1 or RSA 259:84-a; presite built housing as defined in RSA 674:31-a; or modular buildings as defined in RSA 205-C:1, XI.”

(m) “Modular building” means “modular building” as defined in RSA 205-C:1, XI, namely, “any building of closed construction, which is made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site. This definition shall not be construed to include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, nor shall it include any recreational vehicle or park trailer as defined in American National Standards Institute A119.2, Standard for Recreational Vehicles, or A119.5, Standard for Park Trailers, or any building type not subject to the requirements of nationally recognized model building codes.”

(n) “Non-divisible load” means any load or vehicle exceeding applicable size or weight limits which, if separated into smaller loads or vehicles would:

(1) Compromise the intended use of the vehicle, that is, make it unable to perform the function for which it was intended;

(2) Destroy the value of the load or vehicle, that is, make it unusable for its intended purpose; or

(3) Require more than 8 work hours to dismantle using appropriate equipment.

(o) “Permit office” means the permit office within the bureau of highway maintenance of the department.

(p) “Permit” means a permit issued by the permit office for a specific oversize, overweight, or both, load that is identifiable by vehicle serial number or product specific identification number.

(q) “Permit service” means an individual or a business organization that seeks to obtain single trip permits on behalf of individuals or business organizations for oversize, overweight, or both, vehicles, objects, or vehicles and loads.

(r) “Portable structure”, for the purpose of Tra 304.12, means a structure designed for exterior use, such as a shed or gazebo, that is prefabricated at an off-site location and then transported to a new location for installation and use.

(s) “Self-propelled” means a single unit vehicle consisting of cab, chassis, and body not capable of carrying a load and not primarily designed for drawing other vehicles.

(t) “Self-certification” means that the applicant is self certifying that they have a performed a review of all state bridges on the proposed route for the proposed load and that all state bridges are adequate to carry the proposed load without any limitations or special conditions.

(u) “Single unit” vehicle means a single piece straight truck with a rigid frame connecting all axles.

(v) “Supermoves” means moves which involve excessive weights and dimensions as further described in Tra 304.12(c).

(w) “Tandem axle” means “tandem axle” as defined by RSA 259:107-a, namely, “2 consecutive axles whose centers may be included between parallel vertical planes spaced at least 4 feet and not more than 10 feet apart, extending across the full width of the vehicle, except that for vehicles being driven on the interstate and defense highway system with a gross weight in excess of 73,280 pounds a tandem axle shall be limited to 2 or more consecutive axles whose centers may be included between parallel vertical planes spaced not less than 40 nor more than 96 inches apart, extending across the full width of the vehicle.”

(x) “Tractor" means “tractor” as defined in RSA 259:108, namely, “any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying a load, but shall not include off-highway recreational vehicles not designed or equipped for highway use.”

(y) “Truck” means “truck” as defined in RSA 259:115-b, namely, “every motor vehicle designed, used or maintained primarily for the transportation of property.”

(z) “Vehicle and load” means hauling unit, trailing unit, if any, and load.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.04 When Permit is Not Required {#sec-tra-304.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.04}

(a) No permit shall be required for the movement upon the ways of this state for the following vehicles:

(1) Any vehicle or load dimension that is permissible in accordance with RSA 266:10, RSA 266:11, and RSA 266:12, and any vehicle or load weight that is permissible in accordance with RSA 266:18, RSA 266:18-a. RSA 266:18-b, or RSA 266:18-c;

(2) Any vehicle or vehicle and load exempted under the length exceptions in RSA 266:11-a;

(3) Any vehicle or vehicle and load exempted under the width exceptions in RSA 266:13, RSA 266:13-a, RSA 266:13-b, RSA 266:13-c, or RSA 266:15;

(4) Any vehicle or vehicle and load exempted under the weight exceptions in RSA 266:19-a, RSA 266:21, RSA 266:21a, or RSA 266:23;

(5) Highway building equipment, vehicle and load, motor vehicles, or construction materials exempted in RSA 266:20;

(6) Any vehicle exempted under the truck axle length exception in RSA 266:24-a; or

(7) Equipment that is an implement of husbandry designed, adapted, and used exclusively for agricultural, horticultural, or livestock operations, but not on a for hire basis, for which use on a public way is incidental to its intended function as defined in RSA 259:44.

(b) No additional New Hampshire permit shall be required for vehicles driving upon the ways of this state in compliance with a permit issued in accordance with the terms of the New England Transportation Consortium (NETC) regional agreement authorized by RSA 266:24-b and recognized as enforceable in New Hampshire.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.05 Types of Recognitions and Permits Available under Tra 304 {#sec-tra-304.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.05}

An individual or business organization may apply for one or more of the following issued by the permit office in accordance with Tra 304:

(a) Recognition as a permit service, as provided in Tra 304.08;

(b) Annual permit, as provided in Tra 304.09, including associated annual permit supplementals, as provided in Tra 304.10;

(d) Single-trip permit, as provided in Tra 304.12 and Tra 304.13.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.06 Permit Applications; Availability and Filing {#sec-tra-304.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.06}

(a) Application for an annual permit, annual permit supplemental, or single-trip permit shall be made in the name of the individual or business organization that is the registered owner of the hauling unit that will actually perform the move. When a permit service is making an application on behalf of an individual or business organization, the name of the permit service shall be provided on the application.

(b) The process shall require the applicant to:

(1) Accept the user agreement on the permitting register webpage and click “go”;

(2) Complete a user form to open an account; and

(3) Once the applicant has an account, the applicant shall update the applicant and carrier account information;

(c) An application for an annual permit or a single-trip permit shall be filed with the permit office in electronic or paper format.

(d) An application for an annual permit supplemental shall be made:

(1) Electronically, using the electronic permitting system found at the department’s internet address of “https://www.nhdotpermits.org/.”

with the required electronic signature;

(2) By telephone, by calling the permit office at (603) 271-2691; or

(3) In person, from the permit office located at the John O. Morton Building, 7 Hazen Drive, Concord NH 03302-0483.

(e) An applicant may obtain a paper application as follows:

(1) Online at the department’s Internet address of: https://www.nhdotpermits.org/

;

(2) By sending a request in writing, with a self-addressed stamped return envelope, to the permit office at the following address:

New Hampshire Department of Transportation

Oversize and Overweight Permit Office

PO Box 483

7 Hazen Drive

Concord NH 03302-0483;

(3) In person, from the permit office located at the John O. Morton Building, 7 Hazen Drive, Concord NH 03302-0483; or

(4) By requesting an application by telephone, by calling the permit office at (603) 271-2691.

(f) A paper application shall be:

(1) Filed in person at the John O. Morton Building, 7 Hazen Drive, Concord NH 03302-0483; or

(2) Sent by mail, addressed to:

New Hampshire Department of Transportation

Oversize and Overweight Permit Office

PO Box 483

7 Hazen Drive

Concord NH 03302-0483

(g) If travel is on other than state roads or bridges, the applicant shall obtain permission from the selectman, council, trustee, or other appropriate officials with jurisdiction over the roads or bridges.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.07 Processing of Permit Applications; General Requirements {#sec-tra-304.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.07}

(a) Except for (d) below, this section shall not apply to the processing of emergency permit applications as provided in Tra 304.11.

(b) Upon receipt of an application, the permit office shall determine if the application is complete. If the application is not complete, the permit office shall notify the applicant and allow the applicant to complete and resubmit the application.

(c) Within 30 days after receipt of a complete application, the permit office shall determine whether to grant the permit in accordance with Tra 304, unless the permit office requires additional information to process the application. If the permit office requires additional information to process the application, the permit office shall determine whether to grant the permit within 30 days after receipt of all additional information required by the permit office.

(d) The permit office shall not grant an annual permit, annual permit supplemental, emergency permit, or single trip permit if the permit office determines that it would be unsafe or impossible for the vehicle, object, or vehicle and load to accomplish the move, taking into account:

(1) The configuration of the vehicle;

(2) The maximum length, width, and height dimensions or weight of the vehicle, object, or vehicle and load;

(3) The parameters of the route;

(4) Obstacles on the route;

(5) The turning radius of the vehicle, object, or vehicle and load;

(6) Any restrictive bridge weight posting;

(7) Construction in progress along the route; or

(8) Condition of the highway.

(e) For a single trip permit and annual permit single trip supplemental, the permit office shall also take into account, in addition to the factors listed in (d) above, anticipated weather and time of day.

(f) Except as otherwise provided in Tra 304.12(c) for a supermove, based on safety considerations, including the particular route, the permit office shall require the applicant for an oversize, overweight, or both, vehicle, object, or vehicle and load to provide, at the applicant’s expense, the following information, unless the permit office has on file current engineering information applicable to the proposed route and the proposed vehicle, object, or vehicle and load:

(1) A written report of an engineering inspection, performed by a professional engineer licensed in New Hampshire, certifying that the pavement and highway structures, including bridges, are adequate to support the move along the entire route;

(2) A confirmation from the applicable highway district engineer, the bureau of bridge design

or designees, or both, that the pavement and highway structures, including bridges, of the proposed route meet the criteria specified in (1) above; and

(3) Approved bridge review by the department or an application with an acceptable self-certification of the proposed route.

(g) The permit office shall require the applicant to provide, at the applicant’s expense, a physical route survey identifying the minimum clearances along the proposed route, taking into consideration all physical obstructions, if:

(1) The height of the vehicle, object, or vehicle and load is greater than 13 feet 6 inches;

(2) The length of the vehicle, object, or vehicle and load is greater than 110 feet; or

(3) The permit office determines that the proposed route poses a potential clearance problem.

(h) If the permit office determines that the applicant qualifies for a permit under Tra 304, the permit office shall:

(1) Compute the fee in accordance with RSA 266:22;

(2) Collect the fee from the applicant;

(3) Endorse the permit with any provisions applicable to the vehicle, object, or vehicle and load by reason of:

a. The general terms and conditions specified in Tra 304.14;

b. The provisions specified in Tra 304.13, Tra 304.15, and Tra 304.16;

c. The escort vehicle requirements specified in Tra 304.17;

d. Any specific conditions imposed pursuant to RSA 266:23 and Tra 304; or

e. Any special conditions that the department determines are in the best interest of the safety of the traveling public or will protect the highways and bridges; and

(4) Issue the permit to the applicant.

(i) If the permit office determines that the applicant does not qualify for a permit under Tra 304, the permit office will:

(1) Provide the applicant with notice of the final denial;

(2) Specify the grounds upon which the denial is based; and

(3) Advise the applicant of the applicant’s right to request a hearing pursuant to Tra 304.20.

History

#4129, eff 9-10-86, EXPIRED: 9-10-92
#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.08 Recognition as a Permit Service {#sec-tra-304.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.08}

(a) The issuance of an active account by the permit office for a permit service by means of the electronic permitting system shall constitute recognition of the permit service.

(b) An individual or business organization seeking recognition as a permit service shall provide the following information to the permit office:

(1) Permit service name;

(2) The permit service’s permanent address, including street, city, state, country, and postal code;

(3) Full name of the administrator for the service;

(4) Telephone number of the administrator; and

(5) An active electronic mail address for the administrator or company;

(1) A user ID name unique to the administrator; and

(2) A user password unique to the administrator.

(d) Recognition as a permit service shall not:

(1) Create or constitute a contractual relationship between the state and the service;

(2) Be construed to be a license within the meaning of RSA 541-A:1, VIII; or

(3) Constitute any form of endorsement by the state of the quality of the permit service to potential users of the service.

(e) A permit service that has received recognition from the department shall notify the department of any change to the information required under (b)(1)-(5) above, within 5 calendar days of the change.

(f) Any employee listed as an administrator by the permit service shall be authorized to identify to the department any clerks, by user name and password, employed by the permit service for use in the electronic permitting system. An administrator or a clerk identified by an administrator shall be authorized to make applications for single trip permits for clients of the permit service using the department’s electronic permitting system. An administrator shall place any terminated clerk into inactive status in the department’s electronic permitting system and shall notify the department in writing or email of the termination.

History

#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.09 Annual Permit; Application; Processing; Expiration {#sec-tra-304.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.09}

(a) An applicant applying for an annual permit shall provide the following information to the department on the department’s electronic permitting system, with Items 1-7 below being provided when the applicant establishes an account in the electronic permitting system:

(1) The carrier’s name;

(2) The carrier’s permanent address, including street, city, state, country, and postal code;

(3) The carrier’s mailing address, if different from the permanent address;

(4) If the carrier’s permanent address is not in New Hampshire and the carrier has a business location in New Hampshire, the address of the carrier’s business location in New Hampshire, including street, city, and postal code;

(5) Full name of the contact person for the carrier;

(6) Telephone number of the contact person; and

(7) An active electronic mail address for the contact person or company;

(8) The category of the load, which shall be one of the following:

a. Construction equipment and miscellaneous; or

b. Self propelled;

(9) Whether the request is to operate:

a. Within a limited radius of 100 miles or less from the applicant’s home location and provided that the permit can apply only to an operating area within the state of New Hampshire;

b. Within a specified area; or

c. On a statewide basis; and

(10) A description of the hauling unit, specifying:

a. The vehicle type, which shall be one of the following:

Tractor; or
Truck;

b. The state of registration of the hauling unit;

c. The plate registration of the hauling unit;

d. The registered weight of the hauling unit; and

e. The total number of axles of the hauling unit.

(b) The permit office shall assign the applicant the following in the electronic permitting system, unless the applicant selects their own user name and password as allowed in (c) below:

(1) A user ID name unique to the applicant; and

(2) A user password unique to the applicant.

(1) A user ID name unique to the applicant, created by the applicant; and

(2) A user password unique to the applicant, created by the applicant.

(d) Subject to the requirements of Tra 304, the permit office shall grant an annual permit for:

(1) A single hauling unit that exceeds the width or length limitations of RSA 266, but does not exceed any of the following:

a. A length of 45 feet, 0 inches;

b. A width of 10 feet, 6 inches;

c. A height of 13 feet, 6 inches; or

d. The legally registered weight of the truck in New Hampshire; or

(2) Combined tractor, trailing unit, and load that exceed the width or length limitations of RSA 266, but do not exceed any of the following:

a. A length of 75 feet, 0 inches;

b. A width of 10 feet, 6 inches;

c. A height of 13 feet, 6 inches; or

d. The legally registered weight of the tractor in New Hampshire;

(e) The holder of an annual permit granted under Tra 304.09(d) may apply for a single-trip supplemental or round trip by reverse route supplemental as provided in Tra 304.10(c).

(f) An annual permit shall be valid on all class I and class II highways within the area(s) indicated on the permit, except for bridges and highways posted for less than the permitted weight of the vehicle and load.

(g) An annual permit shall expire one year after the date of issuance of the permit.

(h) An annual permit or annual permit supplemental shall not be available for a supermove, as described in Tra 304.12(c).

History

#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.10 Annual Permit Supplementals; Application; Expiration {#sec-tra-304.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.10}

(a) The permit office shall issue the following types of annual permit supplementals:

(1) Single-trip supplemental or round-trip return by reverse route supplemental, formerly known as an “instant permit,” as set forth below in Tra 304.10(c); and

(2) Emergency supplemental, as set forth below in Tra 304.10 (f).

(b) The holder of an annual permit may apply for an annual permit supplemental. An annual permit supplemental shall allow the permit holder to exceed a condition(s) specified in the annual permit for the category of load, hauling unit, and trailing unit, if any, as specified in (c)-(g) below.

(c) A single-trip supplemental or round trip return by reverse route supplemental shall allow a permit holder to make a move exceeding any of the dimensions specified on the annual permit, in accordance with the conditions specified in the supplemental. A single-trip supplemental or round trip return by reverse route supplemental is only valid for the specific load as described on (d) (3) (g) below.

(d) An applicant for a single trip supplemental or round trip return by reverse route supplemental shall provide the following information to the permit office electronically, by telephone or in person at the permit office on a supplemental permit form:

(1) The number of the annual permit;

(2) The following information relative to the itinerary of the move:

a. Anticipated start date;

b. Points of origin and destination;

c. The specific route between the points of origin and the destination; and

d. Return trip information if applicable; and

(3) The following information relative to the vehicle and load:

a. Total gross weight of the vehicle and load;

b. Overall length of the vehicle and load;

c. Overall width of the vehicle and load;

d. Overall height of the vehicle and load;

e. The total number of axles, proposed axle weights, center-to-center axle spacings, and manufacturer maximum axle ratings;

f. Manufacturer maximum tire capacity, number of tires per axle, and total axle tire capacity;

g. Description of the load including equipment serial number or identification number for other loads;

h. GVWR/GCWR of the hauling unit and all components of the hauling equipment; and

i. Proposed load for each part of the permit vehicle, if requested.

(e) An emergency supplemental shall allow a permit holder to move vehicles or vehicles and loads in response to an emergency during the period of time covered by the annual permit, for the type(s) of emergency specified in the emergency supplemental.

(f) An applicant for an emergency supplemental shall provide the following information to the permit office on a supplemental permit form:

(1) The number of the annual permit;

(2) The following information relative to the emergency move(s):

a. Type of emergency;

b. Anticipated routes to be traveled in response to the emergency;

c. Type of vehicle and load that will need to be moved in response to the emergency; and

d. State, city, town, or agency contact name and telephone number to verify the nature of the emergency; and

(3) The following information relative to the anticipated vehicle and load:

a. Total gross weight of the vehicle and load;

b. Overall length of the vehicle and load;

c. Overall width of the vehicle and load;

d. Overall height of the vehicle and load;

e. The total number of axles, proposed axle weights, center-to-center axle spacings, and manufacturer maximum axle ratings;

f. Manufacturer maximum tire capacity, number of tires per axle, and total axle tire capacity;

g. Description of the load including equipment serial number or identification number for other loads;

h. GVWR/GCWR of the hauling unit and all components of the hauling equipment; and

i. Proposed load for each part of the permit vehicle, if requested.

(g) A single-trip supplemental shall expire on the date specified in the permit for the completion of the move or upon completion of the move, whichever occurs first.

(h) A round trip return by reverse route supplemental shall expire on the date specified in the permit for the completion of the move or upon the completion of the move, whichever occurs first.

(i) An emergency supplemental shall expire upon the date specified in the permit for the completion of the move, upon completion of the move, or the expiration of the permit it supplements, whichever occurs first.

History

#5621, eff 5-4-93; ss by EMERGENCY #5678, eff 7-30-93, EXPIRED: 11-27-93
#5831, eff 5-26-94; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.11 Emergency Permit; Processing; Expiration {#sec-tra-304.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.11}

(a) An applicant seeking to move a load in response to an emergency shall be granted an emergency permit if the applicant follows the procedures and meets the criteria provided in this section.

(b) If the emergency arises during regular business hours, a supplemental application for an emergency supplemental permit shall be made:

(1) Electronically, using the electronic permitting system by calling the permit office at (603) 271-2691; or

(2) In person, at the permit office located in the John O. Morton Building, 7 Hazen Drive, Concord NH 03302-0483.

(c) If the emergency arises outside of regular business hours, a supplemental application for an emergency permit shall be made electronically using the electronic permitting system followed by calling the transportation management center at 603-271-6862.

(d) An applicant for an emergency permit under this section shall provide all required information on a supplemental application, up to and including:

(1) The applicant’s name;

(2) The applicant’s permanent address, including street, city, state, country, and postal code;

(3) The applicant’s mailing address, if different from the permanent address;

(4) The applicant’s telephone number;

(5) State, city, town, or agency contact name and telephone number to verify the nature of the emergency;

(6) An active electronic email address for the contact person;

(7) The following information relative to the vehicle and load:

a. Total gross weight of the vehicle and load;

b. Overall length of the vehicle and load;

c. Overall width of the vehicle and load;

d. Overall height of the vehicle and load;

e. The total number of axles, proposed axle weights, center-to-center axle spacings, and manufacturer maximum axle ratings;

f. Manufacturer maximum tire capacity, and number of tires per axle, and total axle tire capacity;

g. Description of the load including equipment serial number or identification number for other loads;

h. GVWR/GCWR of the hauling unit and all components of the hauling equipment; and

i. Proposed load for each part of the permit vehicle, if requested;

(8) The reason for the emergency permit;

(9) The applicant’s proposed action; and

(10) The specific route(s) for the emergency move;

(e) The department shall issue an emergency permit to the applicant, if department determines:

(1) The emergency constitutes an imminent threat to public health, safety, or property; and

(2) The movement is in the interest of public safety.

(f) An emergency permit issued under this section shall expire at the conclusion of the emergency.

History

#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.12 Single-Trip Permit; Application; Processing; Expiration. {#sec-tra-304.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.12}

(a) An applicant for a single-trip permit to make a single move of a load exceeding a size or weight allowed by RSA 266 shall provide the following information to the permit office on the single trip application form, with items (1)-(6) below being provided when the carrier establishes an account in the electronic permitting system:

(1) The applicant’s name;

(2) The applicant’s permanent address, including street, city, state, country, and postal code;

(3) The applicant’s mailing address, if different from the permanent address;

(4) Full name of the contact person for the applicant;

(5) Telephone number of the contact person or company;

(6) An active electronic mail address for the contact person or company;

(7) A description of the load;

(8) The following information regarding the itinerary of the move:

a. Anticipated start date;

b. Point of origin and the destination; and

c. The specific route between the points of origin and the destination;

(9) The requested effective date for the permit;

(10) A description of the hauling unit, specifying:

a. The vehicle type, which shall be one of the following:

Tractor; or
Truck;

b. The state of registration of the hauling unit;

c. The plate registration number of the hauling unit;

d. The registered weight of the hauling unit;

e. The total number of axles, proposed axle weights, center-to-center axle spacings, and manufacturer maximum axle ratings of the hauling unit;

f. Manufacturer maximum tire capacity, number or tires per axle, and total axle tire capacity; and

g. GVWR/GCWR of the hauling unit;

(11) A description of the trailing unit(s), specifying:

a. The trailer type(s), which shall be one of the following:

Trailer;
Item in tow;
Jeep dolly;
Pivoting booster;
Rear-steering dolly;
Semi-trailer;
Stretched semi-trailer;
Tag-along; or
Other, as specified by the applicant;

b. State of registration of the trailing unit(s);

c. Plate registration number of the trailing unit(s);

d. Length of the trailing unit(s);

e. Number of axles, center-to-center axle spacings, manufacturer maximum axle rating, and proposed axle weights of the trailing unit(s);

f. Manufacturer maximum tire capacity, number of tires per axle, total axle tire capacity, and proposed tire loads of the trailing unit;

g. Description of the load including equipment serial number or identification number for other loads; and

h. GVWR/GCWR of the trailing unit(s); and

(12) The following information relative to the vehicle and load:

a. Total gross weight of the vehicle and load;

b. The total number of axles;

c. Overall length of the vehicle and load;

d. Overall width of the vehicle and load;

e. Overall height of the vehicle and load; and

f. The load on each component of the vehicle and hauling equipment, if requested.

(b) The permit office shall not issue a single-trip permit, except as otherwise provided in (c) and (g) below and in Tra 304.13, for a vehicle and load that:

(1) Exceeds a width of 15 feet, 0 inches;

(2) Exceeds a length of 110 feet 0 inches;

(3) Exceeds a height of 13 feet 6 inches; or

(4) Exceeds a gross vehicle and load total weight that qualifies for a supermove as described in (c) below.

(1) The vehicle and load exceeds 15 feet 0 inches in width or exceeds 110 feet 0 inches in length, or both;

(2) The load exceeds a height of 13 feet 6 inches; or

(3) The weight exceeds 149,999 pounds.

(d) A vehicle, object, or vehicle and load shall be classified as a supermove based on the following:

(1) The factors listed in Tra 304.07(d)(1)-(8);

(2) The safety of the public;

(3) Anticipated traffic; and

(4) The likelihood of damage to transportation infrastructure and/or roadside objects.

(e) For a supermove permit, the permit office shall require the applicant to provide, at the applicant’s own expense, the following information in addition to the information required under (a) above, unless the permit office has on file current engineering information applicable to the proposed route and the proposed vehicle, object, or vehicle and load:

(1) A written report of an engineering inspection, performed by a professional engineer licensed in New Hampshire, certifying that the vehicle, object, or vehicle and load and proposed route meet each of the following criteria:

a. The vehicle and equipment are adequate to safely perform the move;

b. The pavement and highway structure, including bridges, are adequate to support the move along the entire route without sustaining damage, and

c. There are adequate vertical and horizontal clearances and turning paths along the entire route; and

(2) A confirmation from the applicable turnpike/highway district engineer, the bureau of bridge design or designees, or both, that the proposed route meets each of the criteria specified in (1) b. and c. above.

(f) When the permit office issues a permit for a supermove, it shall be for a date and time of day when the move can be safely carried out, which may be at any time of day on either a weekday or a weekend day, and the permit shall be valid for the date(s) and time(s) specified in the permit. The permit fee for a supermove shall be calculated in accordance with RSA 266:22. An annual permit supplemental shall not be issued for supermoves.

(g) A load consisting of buildings, structures, and portable structures upon an independent carriage assembly exceeding 12 feet 0 inches in width shall be subject to the following conditions:

(1) No such load, except as provided in (2) below, shall be moved upon any portion of the interstate highway system or on the toll highway system;

(2) A building, structure, or portable structure that is designed and constructed to be appropriate for transport upon the interstate highway system or on the toll highway system shall be allowed if:

a. The applicant provides, at the applicant’s own expense, documentation that the:

Proposed move meets the criteria listed in (5) a. – d. below; and
Building, structure, or portable structure will withstand the anticipated travel conditions of the proposed move; and

b. The move is approved by the applicable turnpike/district engineer or the bureau of bridge design (or designees), or both, after review of the applicant’s documentation;

(3) On all state highways, other than those listed in (1) above, if a move is within the boundaries of a highway construction project or highway construction zone, the move shall be coordinated with the prime state contractor to avoid conflicts with scheduled work;

(4) If the route through a highway construction project or highway construction zone is over a new highway section not yet maintained for vehicular traffic, the applicant shall obtain written approval from the prime state contractor who controls the new highway section; and

(5) The applicable turnpike/district engineer or bureau of bridge design or designees, or both, shall review the request and confirm that:

a. The building or structure to be moved is structurally sound;

b. The vehicle and equipment are adequate to safely perform the move;

c. The pavement and highway structures, including bridges, are adequate to support the move along the entire route without sustaining damage; and

d. There are adequate horizontal and vertical clearances and turning paths along the entire route.

(h) The requirements of (g) above shall not apply to manufactured housing or modular buildings.

(i) Except as otherwise provided in (f) above, a permit for a vehicle, object, or vehicle and load that is oversize, overweight, or oversize and overweight shall be valid for 5 business days. When requested by the applicant, a permit for a round trip return by reverse route shall be valid for 10 business days. The calculation of the 5 or 10 business days shall include the date the permit takes effect.

History

#5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7193, eff 1-26-00, EXPIRED: 1-26-08
#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.13 Special Provisions for Single-Trip Permits for Manufactured Housing, Modular Buildings, and Building Components {#sec-tra-304.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.13}

(a) The movement of manufactured housing, a modular building, or building components shall require a single-trip permit issued under Tra 304.12.

(b) The movement of manufactured housing, modular buildings, and building components that exceed 16 feet 0 inches in width shall not be allowed.

(c) When calculating the maximum width dimensions allowed under this section, there shall be an additional 6-inch allowance for overhanging eave(s) on the right-hand shoulder side of the highway in the direction of travel. Any eave overhang on the left side shall be considered part of the maximum width dimension.

(d) A single trip permit for movement of a vehicle hauling manufactured housing, modular buildings, or building components shall be subject to the following conditions:

(1) The manufacturer's specifications regarding maximum capacities for the equipment employed in transporting manufactured housing units shall not be exceeded;

(2) The towing vehicle for manufactured housing units which exceed 10 feet 0 inches in width shall be a truck-tractor of not less than 2-ton capacity, equipped with dual wheels on each side of the drive axle;

(3) The transport vehicles, including trailers, shall have the following equipment:

a. Brakes;

b. Clearance lights;

c. Reflectors;

d. Safety chains to restrain the trailer to the truck or tractor if the coupling fails; and

e. Emergency brakes;

(4) Moves shall be prohibited when ground surface wind velocity exceeds 25 miles per hour;

(5) When traffic following a permitted move of manufactured housing, modular building, or building components has accumulated to 7 or more vehicles because of the permitted move, the transport vehicle and escort(s) shall yield the right-of-way for these vehicles to pass at the nearest accessible and safe location;

(6) No movement shall be permitted in the form of a convoy; and

(7) All other conditions, restrictions, and requirements of Tra 304 shall apply to such movements.

(e) A single trip permit issued under Tra 304.12 for movement of a vehicle hauling manufactured housing, modular building, or building components, with overall measurements of up to 110 feet 0 inches in length, equal to or less than 14 feet 6 inches in height, and equal to or less than 14 feet 0 inches in width, shall be allowed to move from Monday through Friday, unless otherwise suspended by a holiday, weather condition, or other control regulation contained in Tra 304 or noted on the face of the permit.

(f) A single trip permit issued under Tra 304.12 for movement of a vehicle hauling manufactured housing, modular building, or building components, with overall measurements of up to 110 feet 0 inches in length, equal to or less than 14 feet 6 inches in height, and greater than 14 feet 0 inches but equal to or less than 16 feet 0 inches in width, shall be subject to the following conditions:

(1) Movements shall be limited to Tuesdays, Wednesdays, and Thursdays, unless otherwise suspended by a holiday, weather condition, or other control regulation contained in Tra 304 or as noted on the face of the permit;

(2) Except as otherwise provided in (3) below, the movements shall be restricted to highways featuring a minimum pavement width of 24 feet 0 inches and minimum paved shoulders of 8 feet 0 inches, from point of origin to point of delivery; and

(3) Travel on highways that do not meet the minimum dimensions in (2) above shall be permitted under the following circumstances:

a. The vehicle is moving from the point of origin of the manufactured housing, modular building, or building components, including, but not limited to, the manufacturer site and dealership;

b. The vehicle is moving to the point of final destination;

c. The travel lanes are of sufficient width to allow safe passage and turning;

d. The highway shoulders are of sufficient condition and width to allow emergency travel or stopping of the vehicle and load;

e. The route contains one or more passing zones which allow other motorists unimpeded safe travel past a slow moving vehicle and load;

f. The route contains sufficient sight distance at intersections to allow for safe stopping and passage of the vehicle and load through intersections; and

g. The vehicle and load are physically able to safely negotiate turns along the designated route.

(g) A single trip permit issued under Tra 304.12 for movement of a vehicle hauling manufactured housing, modular building, or building components shall be subject to the following escort requirements:

(1) If any of the following applies, one non-police escort shall be required:

a. The overall length is equal to or greater than 90 feet 0 inches;

b. The overall width is equal to or greater than 12 feet 0 inches;

c. The overall height is greater than 14 feet 6 inches; or

d. The front or rear overhang is equal to or greater than 15 feet 0 inches;

(2) Two non-police escorts shall be required if:

a. The overall width is equal to or greater than 12 feet 0 inches; and

b. The front or rear overhang is equal to or greater than 15 feet 0 inches;

(3) If the overall length is equal to or greater than 100 feet 0 inches, one state police escort shall be required;

(4) If the overall width exceeds 14 feet 0 inches, a total of 2 state police escorts shall be required, including any state police escorts already required under (3) above;

(5) No more than 2 non-police escorts shall be required under (1) and (2) above, but any state police escort(s) required under (3) or (4) above shall be in addition to any required non-police escort(s);

(6) If the movement requires highway closure or closure of a portion of a highway, 3 state police escorts shall be required, provided that any state police escorts already required under (1)-(5) above shall be included in counting the 3 state police escorts required under this subparagraph (6); and

(7) If the permit office determines that the anticipated highway traffic or weather conditions indicate that the safety of the public would be increased or the likelihood of damage of roadside objects would be reduced by requiring non-police or state police escort vehicle(s) not already required under (3)-(6) above, the permit office shall require such additional escort vehicle(s).

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.14 General Terms and Conditions {#sec-tra-304.14 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.14}

(a) All permits shall be subject to the following general conditions:

(1) Permits shall be issued only for the individual or business organization that is the registered owner of the hauling unit that will actually do the hauling;

(2) Permits shall not be issued for loads that can be reasonably reduced to legal size or weight, or both, such as, but not limited to, the situation when attachments can be removed from the equipment to reduce an oversize load to within legal limits in accordance with Tra 304.03 (n);

(3) The permit office shall not issue a permit for any hauling vehicle equipped with dealer plates to transport a load in violation of RSA 261 or any rules adopted under RSA 261;

(4) The permit office shall not issue a permit for any vehicle registered outside of the state of New Hampshire for movement of a load between 2 points in New Hampshire, unless the vehicle is registered under the international registration plan (IRP) and New Hampshire is listed on the IRP certificate;

(5) Travel shall only be authorized on those state-maintained highways and bridges over which the department has jurisdiction;

(6) The permit shall be subject to the restrictions contained in seasonal and other postings on posted bridges and highways. and

(7) Failure to abide by the permit terms and conditions shall render the permit invalid.

(b) Notice of the status of oversize and overweight permit travel shall be posted on the NHDOT online permitting website at: https://www.nhdotpermits.org/

(c) The applicant shall assume all responsibility for injury to persons or damage to public or private property, including transportation infrastructure, caused directly or indirectly by the transportation of the vehicle or load authorized under the permit.

(d) Acceptance of the permit by the applicant shall be deemed certification by the applicant that:

(1) The applicant is in compliance with all operational requirements;

(2) Size and weight limitations specified in the permit shall not be exceeded;

(3) Registration and license requirements have been met, including financial responsibility obligations; and

(4) The applicant shall comply with all state and federal rules, regulations, and laws.

(e) The permit shall be carried in the vehicle during the time of the move. Carriers may provide an electronic copy of the permit to satisfy this requirement.

(f) If a holiday falls on a Sunday, the following Monday shall also be restricted and if a holiday falls on a Saturday, the previous Friday shall also be restricted.

(g) Except as provided in (j) below, permits shall not be valid during the following holidays and times:

(1) New Year's Day;

(2) Martin Luther King, Jr. Civil Rights Day;

(3) Washington's Birthday, also known as Presidents’ Day;

(4) Memorial Day;

(5) Independence Day;

(6) Labor Day;

(7) Columbus Day;

(8) Veterans Day;

(9) Thanksgiving Day and the following day; and

(10) Christmas Day.

(h) Permits for oversize or oversize and overweight vehicles and loads shall not be valid on weekend days, except when otherwise provided for a supermove permit or a single-trip permit for a load consisting of buildings or structures upon an independent carriage assembly exceeding 12 feet 0 inches in width.

(i) Except as provided in (j) below or when otherwise provided for a supermove permit or a single-trip permit for a load consisting of buildings or structures upon an independent carriage assembly exceeding 12 feet 0 inches in width, travel shall be restricted to daylight hours, which are ½ hour before sunrise and ½ hour after sunset.

(j) Vehicles that are overweight only and operated at normal traffic speeds shall not be restricted to date and time of day movement, but shall be subject to (k) below.

(k) No operator shall move an oversize, overweight, or oversize and overweight vehicle, or vehicle and load, on an existing permit during a period of inclement weather. A vehicle that is underway when inclement weather occurs shall exit the highway at the first available location and park in a safe place until the weather is no longer inclement or the highway conditions improve so as to allow the move to safely proceed. Notice of the status of oversize and overweight permit travel will be posted on the NHDOT online permitting system website at https://www.nhdotpermits.org/

(l) Any self-propelled vehicle traveling under a permit shall carry no load except manufacturers’ original equipment.

(m) When traffic following a permitted move has accumulated to 7 or more vehicles because of the permitted move, the permitted vehicle and load and escort(s) shall yield the right-of-way at the nearest accessible and safe location for these vehicles to pass.

(n) Permits shall not be transferable to other pieces of equipment or product.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.15 Vehicle and Load Markings and Restrictions {#sec-tra-304.15 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.15}

(a) The extremities of all oversize loads shall be marked longitudinally and laterally by fluorescent red, fluorescent orange, or MUTCD standard flags at least 18 inches square, secured by at least 2 adjacent corners or mounted on a staff.

(b) Overwidth loads shall have at least 4 and up to 6 flags mounted at the widest extremity and corners of the load. The flags shall be placed so as not to increase the overall load width.

(d) Warning signs shall be displayed during the move on the front of the hauling unit and on the rear of the vehicle or load where license plate is not obstructed. The sign shall read "OVERSIZE LOAD." The signs shall not be less than 7 feet 0 inches wide and 18 inches high with 10-inch high black letters featuring a 1.4-inch brush stroke on a yellow background. Signs shall be made of durable material unaffected by moisture.

(e) All oversize load signs shall be removed, covered, or otherwise sight restricted when not being used for an oversize move.

(f) The hauling vehicle shall have an operating, top-mounted, flashing or strobe amber light visible for 1000 feet in all directions;

(g) No movement shall be permitted in the form of a convoy.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.16 Route Approval {#sec-tra-304.16 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.16}

(a) If the movement is on other than a state highway system, the applicant shall obtain permission from the governing body with jurisdiction over the highway, such as selectmen, city council, trustees, or other appropriate officials.

(b) Movement shall be restricted to the specific routes designated on the permit.

(c) No permit for movement of an oversize, overweight, or both, vehicle, object, or vehicle and load shall be effective during a period of inclement weather.

(d) A permit shall restrict the movement of an oversize, overweight, or both, vehicle, object, or vehicle and load to a specific route.

(e) The timing and route of any single-trip move shall be restricted if safe movement of the vehicle, object, or vehicle and load requires the move to:

(1) Occur at a time not permitted by Tra 304.14(f) and (g);

(2) Occur in an unusual manner, including, but not limited to, unusually slow movements, movements with extra required stops, or wrong-way movements; or

(3) Be facilitated by law enforcement officials to maintain the safety of motorists.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.17 Escort Vehicles {#sec-tra-304.17 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.17}

(a) The number of escort vehicle(s) required for manufactured housing, modular buildings, and building components shall be as provided in Tra 304.13(g).

(b) No escort shall be required for a vehicle and load with:

(1) An overall width of less than 12 feet 0 inches;

(2) An overall length of less than 90 feet 0 inches; and

(3) A rear overhang of less than 15 feet 0 inches, provided that load marking flags are displayed as required in Tra 304.15.

(c) An applicant for a permit under Tra 304 shall be required to furnish one non-police escort vehicle for an oversize vehicle, object or vehicle and load, if:

(1) The overall width is equal to or greater than 12 feet 0 inches and less than 14 feet 0 inches;

(2) The overall length is equal to or greater than 90 feet 0 inches;

(3) The overall height is greater than 14 feet 0 inches; or

(4) There is a front or rear overhang of equal to or greater than 15 feet 0 inches.

(d) An applicant for a permit under Tra 304 shall be required to furnish a second non-police escort vehicle for an oversize load or hauling vehicle if the vehicle and load have a combination of a rear overhang of 15 feet 0 inches or more and a width of 12 feet 0 inches or more.

(e) If the vehicle and load are 100 feet 0 inches or more in length, one state police escort vehicle, in addition to any non-police escort vehicle required under (c) or (d) above, shall be required, unless the state police determine that weather conditions, visibility, traffic flow, or other conditions do not compromise safe movement.

(f) If the overall width exceeds 14 feet 0 inches, a total of 2 state police escorts shall be required, including any state police escorts already required under (e) above.

(g) No more than 2 non-police escorts shall be required under (c) and (d) above, but any state police escort(s) required under (e) or (f) above shall be in addition to any required non-police escort(s).

(h) If the movement requires highway closure or closure of a portion of a highway, 3 state police escorts shall be required, provided that any state police escorts already required under (e)-(f) above shall be included in counting the 3 state police escorts required under this subparagraph (h).

(i) The permit office shall determine the number of non-police and state police escort vehicles required to safely effect the required traffic control of any move, taking into consideration the safety of the public, the characteristics of the specific route, anticipated traffic, and the reduction of the likelihood of damage to roadside objects. If the permit office determines that the number of escort vehicle(s) required under (c)-(g) above is inadequate for these purposes, the permit office shall require sufficient additional non-police or state police, or both, escort vehicle(s) to safely accomplish the move.

(j) A non-police escort vehicle shall be a motor vehicle the size of a compact car or larger, registered and inspected, with the following equipment installed:

(1) An operating, top-mounted, flashing or strobe amber light visible for 1000 feet in all directions;

(2) A 2-way radio using the same frequency as the 2-way radio in the vehicle it is escorting allowing contact with the permitted vehicle and all escort vehicles, including state police, at all times; and

(3) Two warning signs shall be displayed during the move on the front and back of the vehicle or one sign above the roofline where it is visible from the front and rear meeting the following standards:

a. The sign shall contain the legend reading “OVERSIZE LOAD” in black letters not less than 10 inches high of a 1.4-inch stroke on a yellow background;

b. The sign shall be made of durable material unaffected by moisture; and

c. The shape of the warning sign shall be varied to fit the escort vehicle, with a minimum size of 5 feet 0 inches wide and 12 inches high.

(k) The following shall apply to the operation of an escort vehicle(s):

(1) The driver shall maintain 2-way radio contact with the permitted vehicle and all escort vehicles and shall keep the permitted vehicle and other escort vehicles, including state police, in the line of sight at all times;

(2) All drivers shall operate escort vehicles with headlights turned on in the low beam position at all times;

(3) When one escort is required, the driver shall position the vehicle to precede a load on undivided highways and follow the load on divided highways;

(4) When 2 escorts are required, one escort shall precede the load and the other shall follow the load;

(5) When traffic following a permit move has accumulated to 7 or more vehicles because of the permitted move, the driver(s) shall yield the right-of-way at the nearest accessible, safe location for these vehicles to pass; and

(6) When crossing a bridge on a 2-way highway, when the bridge width is 24 feet 0 inches or less, the police escort shall stop all traffic while the load is on the bridge.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.18 Fees {#sec-tra-304.18 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.18}

(a) The following shall be issued permits without a fee:

(1) Federal government agencies;

(2) State government agencies; and

(3) Local government subdivisions.

(b) All permit fees shall be computed in accordance with RSA 266:22 and paid prior to issuance of a permit.

(c) Permit fees shall be paid by cash, credit card, debit card, check, money order, or draft payable to the “Treasurer, State of New Hampshire” when the applicant pays permit fees in person at the permit office.

(d) Permit fees shall be paid by credit card, debit card, check, money order, or draft payable to the “Treasurer, State of New Hampshire” when the applicant submits permit fees by United States mail or other delivery service.

(e) Permit fees shall be paid by credit card or debit card when the applicant uses the electronic permitting system for an online application.

(f) All permit fees shall be nonrefundable.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.19 Violations and Enforcement {#sec-tra-304.19 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.19}

(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.

(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.

History

#10816, eff 4-23-15

N.H. Code Admin. R. Ann. Tra 304.20 Hearings {#sec-tra-304.20 omnilex-key=us-nh-regs-official--agency-tra--Tra 304.20}

An individual or business organization shall be entitled to a hearing in accordance with Tra 200 if the individual or business organization:

(a) Is denied a permit or recognition as a permit service or special carrier under Tra 304;

(b) Is aggrieved by the imposition of a condition, limitation, restriction, or fee relating to a permit issued under Tra 304;

(d) Has had its recognition as a permit service withdrawn under Tra 304.19(d); or

(e) Has had its permit revoked under Tra 304.19(c).

History

#10816, eff 4-23-15

Part Tra 306 Notification of Highway Insufficiency

N.H. Code Admin. R. Ann. Tra 306.01 Permits {#sec-tra-306.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 306.01}

306.07

History

#5620, eff 5-4-93; ss by #6989, INTERIM, eff 5-5-99, EXPIRED: 9-2-99
#7114, eff 9-25-99, EXPIRED: 9-25-07

Part Tra 307 Motorist Service Signing

N.H. Code Admin. R. Ann. Tra 307.01 Permits {#sec-tra-307.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.01}

History

#5741, eff 1-1-94; ss by #6236, eff 4-30-96, EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.02 Permits {#sec-tra-307.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.02}

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.03 Permits {#sec-tra-307.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.03}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, (a)-(h) EXPIRED: 1-1-00, paragraph (i) - (n) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.04 Permits {#sec-tra-307.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.04}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96; amd by #6399, eff 12-16-96, paragraphs (a), (e), (f), (h)-(l) EXPIRED: 1-1-00, paragraphs (b), (c), (d), (g) & (m) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.05 Permits {#sec-tra-307.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.05}

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.06 Permits {#sec-tra-307.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.06}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (a) & (c) EXPIRED: 1-1-00, paragraph (b) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.07 Permits {#sec-tra-307.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.07}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (a)-(c) & (e) EXPIRED: 1-1-00, paragraph (d) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.08 Permits {#sec-tra-307.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.08}

– 307.16

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.17 Permits {#sec-tra-307.17 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.17}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (a), (b) & (d) EXPIRED: 1-1-00, paragraph (c) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.18 Permits {#sec-tra-307.18 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.18}

307.22

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.23 Permits {#sec-tra-307.23 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.23}

History

#5741, eff 1-1-94; ss by #6236, eff 4-30-96, EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.24 Permits {#sec-tra-307.24 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.24}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (a) & (b)(2)-(4) EXPIRED: 1-1-00, paragraph (b)(1) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.25 Permits {#sec-tra-307.25 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.25}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (a) & (b) EXPIRED: 1-1-00, paragraph (c) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.26 Permits {#sec-tra-307.26 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.26}

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.27 Permits {#sec-tra-307.27 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.27}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraphs (b)-(d) EXPIRED: 1-1-00, paragraph (a) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.28 Permits {#sec-tra-307.28 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.28}

History

#5741, eff 1-1-94; amd by #6236, eff 4-30-96, paragraph (e) EXPIRED: 1-1-00; paragraphs (a)-(d) EXPIRED: 4-30-04

N.H. Code Admin. R. Ann. Tra 307.29 Permits {#sec-tra-307.29 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.29}

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

N.H. Code Admin. R. Ann. Tra 307.30 Permits {#sec-tra-307.30 omnilex-key=us-nh-regs-official--agency-tra--Tra 307.30}

History

#5741, eff 1-1-94, EXPIRED: 1-1-00

Part Tra 308 Adopt-a-Highway

N.H. Code Admin. R. Ann. Tra 308.01 Permits {#sec-tra-308.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 308.01}

– 308.11

History

#5796, eff 4-1-94; ss by #7217, eff 3-30-00, EXPIRED: 3-30-08

N.H. Code Admin. R. Ann. Tra 308.12 Permits {#sec-tra-308.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 308.12}

History

#7217, eff 3-30-00, EXPIRED: 3-30-08

Part Tra 309 Uses Within State Rights-of-Way - Expired

N.H. Code Admin. R. Ann. Tra 309.01 Permits {#sec-tra-309.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 309.01}

309.13

History

#6203, eff 3-15-96, EXPIRED: 3-15-04

Part Tra 311 Driving While Impaired (DWI) Victim Fatality Sign Program

N.H. Code Admin. R. Ann. Tra 311.01 Purpose {#sec-tra-311.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.01}

The purpose of this part is to implement the statutory requirements set forth in RSA 236:48-a regarding the erection and maintenance of a DWI victim fatality sign memorializing individual(s) fatally injured in a traffic accident occurring after July 1, 2006 in which there is substantial evidence gathered by law enforcement that another driver caused the accident and was driving in violation of RSA 265-A:2 or RSA 265-A:3.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.02 Scope {#sec-tra-311.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.02}

DWI victim fatality signs may be erected upon state highways under the jurisdiction of the department other than limited access divided highways or the ramps and access roadways used to access or exit such highways.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.03 Definitions {#sec-tra-311.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.03}

(a) “Abutting landowner” means a person or persons with ownership of the property directly abutting the state owned right-of-way where the DWI victim fatality sign is to be located.

(b) “Bureau” means the bureau of traffic within the New Hampshire department of transportation.

(d) “Department” means the New Hampshire department of transportation.

(e) “DWI sign assembly” means the composite of a message panel, memory panel, name plaque(s), and support post or any combination thereof of a DWI victim fatality sign installation.

(f) “Memory panel” means a sign panel designed by the bureau with the message “In Memory of”.

(g) “Message panel” means a sign panel designed by the bureau with the message “Please Don’t Drink and Drive”.

(h) “Name plaque” means a plaque manufactured by the bureau of traffic stating the name of the victim(s) of a traffic accident and attached to a DWI sign assembly.

(i) “Next-of-kin” means the person having the following relationship to the victim, in the following order of priority:

(1) Spouse;

(2) Adult son or daughter;

(3) Parent;

(4) Adult brother or sister;

(5) Adult grandchild;

(6) Adult niece or nephew who is a child of a brother or sister;

(7) Maternal grandparent;

(8) Paternal grandparent;

(9) Adult aunt or uncle; or

(10) Any other adult legal relative in descending order of relationship.

(j) “Substantial evidence” means a certified copy of conviction for violation of RSA 265-A:2 or RSA 265-A:3.

(k) “Traffic accident” means an event occurring on a public way that results in injury or property damage attributed to the motion of a motor vehicle or its load.

(l) “Victim” means a person fatally injured as a direct result of a motor vehicle traffic accident or whose death occurred within 30 days of the event as a result of physical injuries sustained during a motor vehicle traffic accident. The term does not include an impaired driver or an occupant of the impaired driver’s vehicle, but does include pedestrians or bicyclists injured by an impaired driver, as defined under RSA 265-A:2 or RSA 265-A:3.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.04 Request for a DWI Sign Assembly, Name Plaque, or Both {#sec-tra-311.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.04}

(a) An applicant requesting a DWI sign assembly, name plaque, or both, shall provide the following information to the bureau of traffic on or with the “Driving while Impaired Victim Fatality Sign Application” furnished by the bureau of traffic:

(1) The name, address, and telephone number, or other means of contacting the applicant during regular business hours;

(2) The applicant’s relationship with the victim;

(3) The date of the traffic accident;

(4) The location of the traffic accident, including the street and town;

(5) The name of the motor vehicle driver driving while intoxicated or under the influence of drugs;

(6) The name of the individual(s) fatally injured, as it or they should appear on the name plaque(s), and the name of the nearest living relative and their relation to the victim(s);

(7) The name of the investigating police agency;

(8) A certified copy of a conviction for violation of RSA 265-A:2 or RSA 265-A:3 by one of the drivers involved in the fatal accident, to establish that the driver who was at fault for the traffic accident was impaired by drugs or alcohol and that the individual(s) to be memorialized was fatally injured in the traffic accident;

(9) An affidavit by the applicant that the individual(s) to be memorialized was fatally injured in the traffic accident and that there is substantial evidence gathered by law enforcement that the other driver was at fault and that drugs or alcohol were involved; and

(10) The required fee of:

a. $ 250.00 if a DWI sign assembly for the traffic accident does not exist; or

b. $200.00 to add a name plaque to an existing DWI sign assembly for a victim of the same traffic accident.

(b) Notwithstanding (a)(8) above, if a certified copy of conviction is not available due to lack of prosecution due to death of the impaired driver or other inability to prosecute unrelated to sufficiency of evidence, then the following documents shall be considered by the department in determining that one of the drivers was at fault and impaired by drugs or alcohol:

(1) Relevant medical records to show the driver in a vehicle collision was impaired by drugs or alcohol;

(2) Investigating officer’s accident report that indicates the driver of one of the vehicles was impaired by drugs or alcohol; or

(3) Other reliable records provided by the applicant indicating one of the drivers was impaired due to drugs or alcohol.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.05 Review of Request {#sec-tra-311.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.05}

(a) A request for a DWI sign assembly shall only be requested by the victim’s next-of-kin. A request may include application for the name of an additional victim of the same accident, provided the applicant obtains the written consent of the other victim’s next of kin.

(b) The bureau of traffic shall approve a request for a DWI sign assembly unless an office review, comments from a maintenance district, or a field review of the proposed location discloses an issue sufficient to deny the request under Tra 311.05(c), Tra 311.05(d), or Tra 311.07.

(c) The bureau of traffic shall conduct an office review of the request for a DWI sign assembly. In the event of an incomplete application, the bureau shall request that the applicant provide the additional information. If the information is not provided within 90 days, the bureau of traffic shall deny the application.

(d) Once the application and all required documents are complete, the bureau of traffic shall conduct a field review of the proposed location and within 60 days, or as staffing permits, shall deny the application if the proposed location:

(1) Limits a road user’s ability to see an existing official traffic control device far enough in advance to act upon the message;

(2) Would result in confusion for the road user due to the presence of multiple official traffic control devices, private signs, driveways, or turning movements;

(3) Would interfere with highway maintenance efforts; or

(4) An abutting landowner objects to the location and relocation cannot be accommodated.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.06 Manufacture {#sec-tra-311.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.06}

(a) Unless otherwise specified, the specifications for message panels and name plaques, shall conform to the pertinent requirements of signs as set forth in the 2016 edition or as amended, of the department’s “Standard Specifications for Road and Bridge Construction” available on-line or from the department;

(b) Message panel text shall be limited to the phrase “PLEASE DON’T DRINK AND DRIVE”; and

(1) Text shall be limited to the phrase “IN MEMORY OF” with the name of the victim(s), limited to 4 names per plate; and

(2) A DWI sign assembly installed without at least one name plaque shall not include a memory panel.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.07 Location {#sec-tra-311.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.07}

(a) A DWI sign assembly shall be located on the right hand side of the roadway at a location to be determined by the department in compliance with these rules.

(b) A DWI sign assembly shall be erected no further than one mile in either direction of the traffic accident site except as determined by the department:

(1) As necessary to integrate with other official traffic signs; or

(2) As necessary to prevent distraction of motorists due to the number of existing official and private signs, traffic control devices, and driveways.

(c) A DWI sign assembly shall only be erected adjacent to the same roadway as the traffic accident site except in the case of an at-intersection traffic accident, the sign shall be placed adjacent to either of the involved roadways.

(d) A DWI sign assembly shall not be erected in any area prohibited by law, including the interstate system, turnpike, or other limited access divided highway system.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.08 Maintenance of a DWI Sign Assembly, Name Plaque, or Both {#sec-tra-311.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.08}

(a) A DWI sign assembly, name plaque, or both, damaged by normal maintenance, vandalism, or weather conditions shall be replaced by the department at no cost to the applicant.

(b) Any placement of paraphernalia including but not limited to flags, pennants, banners, wreaths, balloons, or other objects shall not be permitted attached to or near a DWI sign assembly or name plaque and shall be removed by the department without notice.

(c) The department shall not be responsible for damage that occurs to any object occasioned by removal or transport, nor shall the department be responsible for storage.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.09 Effects of Construction and Highway Maintenance {#sec-tra-311.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.09}

(a) If the approved location of a DWI sign assembly is within a construction or highway maintenance project area:

(1) The bureau shall not install the DWI sign assembly and name plaque(s) until such time as the construction or highway maintenance project has been completed; or

(2) If a DWI sign assembly has been installed the department shall remove the DWI sign assembly and name plaque(s) and store them until such time the project is complete and the DWI sign assembly and name plaques can be re-installed.

(b) The time in which a DWI sign assembly and name plaque are being stored due to Tra 311.09(a)(1) or Tra 311.09(2) shall not be counted toward the 2-year duration established by Tra 311.10(a).

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.10 Removal of a DWI Sign Assembly, Name Plaque, or Both {#sec-tra-311.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.10}

(a) A name plaque for any victim shall be erected for a period of 2 years from the date of installation, not including time stored per Tra 311.09 (a)(2).

(b) Upon completion of the 2 years the bureau shall:

(1) Remove the name plaque; and

(2) Notify the applicant at last known address, who may claim the name plaque within 30 days of removal.

(c) The department shall not be responsible for damage to the name plaque occasioned by removal, transport, or storage, nor shall the department be responsible for storage over 30 days.

(d) A DWI sign assembly shall be removed upon the removal of the last remaining name plaque on the assembly in accordance with Tra 311.10(a) and shall remain the property of the bureau.

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 311.11 Hearings {#sec-tra-311.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 311.11}

(a) An applicant who disagrees with the decision of the bureau of traffic to deny a request for a DWI fatality sign assembly, name plaque, or both may appeal to the commissioner pursuant to Tra 200 within 30 days after the date of notice of the decision.

(b) Unless an appeal is filed, the denial shall become final 30 days after the date of notice of the decision.

(c) The procedure used to conduct hearings on denials shall comply with RSA 541-A and Tra 200, rules of practice and procedure.

(d) The department shall determine eligibility for the victim fatality signs. The applicant’s right to appeal shall be limited to the determination of eligibility for the sign in accordance with these rules.

APPENDIX I

HIGHWAY DISTRICTS

District 1

District 5:

District Engineer

P.O. Box 379

P.O. Box 16476

Lancaster, NH 03584

Hooksett, N.H. 03016-6476

Tel: (603) 788-4641

Tel: (603) 485-9526

Loc: Rte 3, Lancaster, N.H

Loc: I-93, Exit 11 Hooksett, N.H.

District 2:

District 6

District Engineer

P.O. Box 232

P.O. Box 740

Lebanon, NH 03766

Durham, NH 03824

Tel: (603) 448-2654

Tel: (603) 868-1133

Loc: I-89, Exit 16

Loc: Old Concord Rd,

Enfield, N.H.

Rte 155A, Durham, N.H.

District 3:

Turnpikes:

District Engineer

Turnpike Administrator

2 Sawmill Road

P.O. Box 16418

Gilford, NH 03246

Hooksett, N.H. 03016-6418

Tel: (603) 524-6667

Tel: (603) 485-3806

Loc: 2 Sawmill Rd

Gilford, N.H.

Loc: Hooksett Toll Plaza

I-93, Exit 11

District 4:

District Engineer

19 Base Hill Rd.

West Swanzey, N.H. 03469

Tel: (603) 352-2302

Loc: 19 Base Hill Rd.

West Swanzey, N.H.

APPENDIX II

TYPICAL DESIGN STANDARDS

This appendix includes typical design standards for various driveway/access situations. These typical designs are for illustrative purposes. Applicants may wish to use typical designs as guides; however, designs must be adapted to reflect specific circumstances. Requirements of site or safety may dictate different solutions which must receive concurrence from the district engineer.

FIGURE

Residential Drive-Rural/Urban..............................I

Common Drive-Rural/Urban..................................II

Single Drives-Major Entrance-Rural/Urban.................III

One-Way Drives-Major Entrance-Rural/Urban.................IV

Two-Way Drives-Major Entrance-Rural/Urban..................V

Divided Drive-Major Entrance-Rural/Urban..................VI

Alternate Land Subdivision Plans.........................VII

Typical Rural Drives in Cut and Fill Sections...........VIII

Typical Urban Drives in Cut and Fill Sections.............IX

Typical Acceleration-Deceleration Lanes for Right Turns....X

Typical By-Pass Shoulder..................................XI

Turning Template, Bus and Trailer Truck..................XII

Turning Template, Single Unit and Passenger.............XIII

APPENDIX III

DRIVEWAY STATUTE

RSA 236:13 Driveways and Other Accesses to the Public Way.

I. It shall be unlawful to construct, or alter in any way that substantially affects the size or grade of, any driveway, entrance, exit, or approach within the limits of the right-of-way of any class I or class III highway or the state maintained portion of a class II highway that does not conform to the terms and specifications of a written permit issued by the commissioner of transportation. (Amended 1985, 402:6, I(b)(7).)

II. Pursuant to this section, a written construction permit application must be obtained from and filed with the department of transportation by any abutter affected by the provisions of paragraph I. Before any construction or alteration work is commenced; said permit application shall have been reviewed, and a construction permit issued by said department. Said permit shall:

(a) Describe the location of the driveway, entrance, exit, or approach. The location shall be selected to most adequately protect the safety of the traveling public.

(b) Describe any drainage structures, traffic control devices, and channelization islands to be installed by the abutter.

(c) Establish grades that adequately protect and promote highway drainage and permit a safe and controlled approach to the highway in all seasons of the year.

(d) Include any other terms and specifications necessary for the safety of the traveling public. (Amended 1985, 402:6, I(a)(7).)

III. For access to a proposed commercial or industrial enterprise, or to a subdivision, all of which for the purposes of this section shall be considered a single parcel of land, even though acquired by more than one conveyance or held nominally by more than one owner:

(a) Said permit application shall be accompanied by engineering drawings showing information as set forth in paragraph II.

(b) Unless all season safe sight distance of 400 feet in both directions along the highway can be obtained, the commissioner shall not permit more than one access to a single parcel of land, and this access shall be at that location which the commissioner determines to be safest. The commissioner shall not give final approval for use of any additional access until it has been proven to him that the 400 foot all season safe sight distance has been provided.

(c) For the purposes of this section, all season safe sight distance is defined as a line which encounters no visual obstruction between 2 points, each at a height of 3 feet 9 inches above the pavement, and so located as to represent the critical line of sight between the operator of a vehicle using the access and the operator of a vehicle approaching from either direction.

IV. No construction permit shall allow:

(a) A driveway, entrance, exit, or approach to be constructed more than 50 feet in width, except that a driveway, entrance, exit, or approach may be flared beyond a width of 50 feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach.

(b) More than 2 driveways, entrances, exits or approaches from any one highway to any one parcel of land unless the frontage along the highway exceeds 500 feet.

V. The same powers concerning highways under their jurisdiction as are conferred upon the commissioner of transportation by paragraphs I, II, III and IV, shall be conferred upon the planning board in cities and towns wherein the planning board has been granted the power to regulate the subdivision of land as provided in RSA 674:35 and, they shall adopt such regulations as are necessary to carry out the provisions of this section. (Amended 1985, 103:4, effective Jan. 1, 1986; 402:6, I(b)(7).)

RSA 236:14 Penalty. Any person who violates any provision of this subdivision or the rules and regulations made under authority thereof shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the person empowered to give such written permission.

APPENDIX

Rule

Specific State Statute the Rule Implements

Tra 303.01

RSA 265:108

Tra 303.02

RSA 265:108

Tra 303.03

RSA 265:108

Tra 303.04

RSA 265:108

Tra 303.05

RSA 265:108

Tra 303.06

RSA 265:108

Tra 303.07

RSA 265:108

Tra 303.08

RSA 265:108

Tra 303.09

RSA 541-A:3

Tra 303.10

RSA 265:108

Tra 304.01

RSA 266:24

Tra 304.02

RSA 266:24

Tra 304.03

RSA 266:2

Tra 304.04

RSA 266:10, 11, 11-a, 12,13, 13-a-c, 15, 18, 18-a-c,

19-a, 20, 21, 21-a, 23, 24-a-b, and 44

Tra 304.05

RSA 266:24

Tra 304.06

RSA 266:24

Tra 304.07

RSA 266:24

Tra 304.08

RSA 266:24

Tra 304.09

RSA 266:24

Tra 304.10

RSA 266:24

Tra 304.11

RSA 266:24

Tra 304.12

RSA 266:24

Tra 304.13

RSA 266:24, RSA 266:24, III

Tra 304.14

RSA 266:24

Tra 304.15

RSA 266:24

Tra 304.16

RSA 266:24

Tra 304.17

RSA 266:24

Tra 304.18

RSA 266:22

Tra 304.19

RSA 266:24

Tra 304.20

RSA 541-A:31

Tra 308.01

RSA 230:83

Tra 308.02

RSA 230:83

Tra 308.03

RSA 230:83

Tra 308.04

RSA 230:83

Tra 308.05

RSA 230:83

Tra 308.06

RSA 230:83

Tra 308.07

RSA 230:83

Tra 308.08

RSA 230:83

Tra 308.09

RSA 230:83

Tra 308.10

RSA 230:83

Tra 308.11

RSA 230:83, 541-A: 30-36

Tra 308.12

RSA 230:83

Tra 311.01

RSA 236:48-a, I

Tra 311.02

RSA 236:48-a, III

Tra 311.03

RSA 236:48-a

Tra 311.04

RSA 236:48-a, I

Tra 311.05

RSA 236:48-a, I, II, III

Tra 311.06

RSA 236:48-a, IV, V

Tra 311.07

RSA 236:48-a, , III

Tra 311.08

RSA 236:48-a, III, VI

Tra 311.09

RSA 236:48-a, III, VI

Tra 311.10

RSA 236:48-a, II, VI

Tra 311.11

RSA 236:48-a; 541-A:31-36, 21-L:15

History

#10165, eff 7-27-12; ss by #13588, eff 3-22-23

Chapter Tra 400 Prequalification and Bidding Process

Part Tra 401 Prequalification of Contractors - Classification and Rating of Prospective Bidder

N.H. Code Admin. R. Ann. Tra 401.01 Purpose {#sec-tra-401.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.01}

The purpose of these rules is to establish requirements for those contractors intending to bid on projects advertised by the department and the sanctions that can be imposed under these provisions in the public interest.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.02 Scope {#sec-tra-401.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.02}

(a) The requirements contained in Tra 401 shall apply to all those who intend to enter the competitive bidding process seeking award of a contract advertised by the department.

(b) Unless exempted herein, only those contractors prequalified under this part shall be eligible to become bidders on contracts advertised by the department.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.03 Definitions {#sec-tra-401.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.03}

(a) "Bidding crime" means any act prohibited by state or federal law and committed in any jurisdiction, involving fraud, conspiracy, collusion, lying or material misrepresentation with respect to bidding on any contract, public or private.

(b) "Commissioner" means the commissioner of the New Hampshire department of transportation, or his or her authorized agent.

(c) “Contract” means a written agreement between the state and a contractor setting forth the obligations of the parties under the contract, including, but not limited to, the performance of the work and the basis of payment, and any supplemental documents identified in the contract or incorporated into the agreement.

(d) "Contractor" means an individual, partnership, limited liability company, association, corporation, subsidiary, or joint stock company that performs contracting services, and its members, managers, officers, shareholders, representatives, trustees, or receivers appointed by any court of competent jurisdiction.

(e) "Debar" means to preclude, revoke, or limit bidding privileges for a specified period of time.

(f) "Department" means the New Hampshire department of transportation.

(g) "Prequalification committee" means a committee from within the department consisting of the prequalification administrator and 5 members of the engineering staff as designated by the commissioner.

(h) "Principal individual" means anyone who possesses sufficient legal authority within a contractor to bind the organization contractually.

(i) “Prime contractor” means a contractor who enters into a contract with the state for performance of work prescribed by the contract.

(j) "Public interest" means protecting the health and safety of the citizens, curtailing negative financial impact to the state, assisting in investigations, or promoting competitive bidding.

(k) “Subcontractor” means an individual, partnership, limited liability company, association, corporation, subsidiary, or joint stock company that performs contracting services, and its members, managers, officers, shareholders, representatives, trustees, or receivers appointed by any court of competent jurisdiction to whom the prime contractor sublets any portion of the contracted work.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.04 Contractor {#sec-tra-401.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.04}

Information; Financial Statement.

(a) Any contractor proposing to bid on projects advertised by the department shall furnish a prequalification statement on forms available from the department as described in Tra 401.05.

(b) Any contractor proposing to bid on projects advertised by the department shall furnish a financial statement meeting the following standards:

(1) The financial information shall be as of the end of the contractor’s last completed fiscal year, provided that a 3-month period following the close of a fiscal year shall be allowed for the preparation of updated financial statements;

(2) All information other than financial information contained in the statement shall be current as of the date of filing; and

(3) Any adverse change in the financial condition of the contractor since the date of the financial statement shall be indicated, and a written explanation given for the change.

(c) A contractor’s financial statement shall be accompanied by a report of financial condition meeting the following standards:

(1) A contractor may elect to self certify as to financial condition by providing financial information on balance sheet forms provided by the department pursuant to Tra 401.05(b) if the contractor seeks prequalification to bid upon projects with a value of less than $1,000,000;

(2) In all cases other than (1) above, the report shall be prepared by an independent certified public accountant certified to practice in New Hampshire, including the text of any footnotes to the financial statements as prepared by the certified public accountant;

(3) The report shall be accompanied by a letter expressing the unqualified opinion of the certified public accountant that the report fairly and accurately expresses the financial condition of the contractor as presented by management on the date of the report; and

(4) The report shall be based upon the following levels of service by the certified public accountant:

a. For projects with an estimated cost of $5,000,000 or more, the report shall be based upon an audit of the firm’s financial condition;

b. For projects with an estimated cost between $1,000,000 and $5,000,000, the report shall be based upon a review of the firm’s financial condition; and

c. For projects with an estimated cost of less than $1,000,000, the report shall be based upon a compiled financial statement.

(d) All information furnished shall be used to determine a contractor's classification and capacity rating in accordance with these rules. Information so supplied to the department shall be held in strict confidence, and treated as confidential, commercial, and financial information pursuant to RSA 91-A:5.

(e) Except when prequalification statements and supplementary information are the subject of litigation or an adjudicatory hearing, only the commissioner, assistant commissioner, deputy commissioner, prequalification committee, prequalification administrator, contracts administrator in the absence of the prequalification administrator and, upon the contractor’s request, the governor and council and department of justice shall have access to the prequalification statements and supplementary information. Other than at the request of the contractor, no reproduction shall be made of the prequalification submission, and no person with access to the information shall redisclose the information to any other person.

(f) In order to open the bidding process to a broader field of bidders and to assure competitive bidding, the prequalification process shall not apply in instances where the project is simple in scope and common to the industry including but not limited to simple carpentry or painting.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.05 Prequalification {#sec-tra-401.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.05}

Statement.

(a) Any contractor proposing to bid on a project(s) advertised by the department shall provide information in font size 10 or larger on the “Prequalification Statement” form furnished by the department.

(b) The applicant shall provide the following information on the “Prequalification Statement” form:

(1) Complete legal business name of contractor submitting statement;

(2) Complete legal business address;

(3) Date of submission;

(4) Telephone number;

(5) Classification requested from among the following categories:

a. Road construction;

b. Guardrail construction;

c. Traffic signals;

d. Paving;

e. Bridge construction;

f. Bridge rehabilitation;

g. Bridge painting;

h. Covered bridges;

i. Marine construction;

j. Site work;

k. Building construction;

l. Building demolition;

m. HVAC work;

n. Electrical work;

o. Roofing;

p. Asbestos work; or

q. Other, as specified;

(6) Identification of the contractor, including:

a. Form of organization, including but not limited to:

Corporation;
Partnership or limited partnership;
Limited liability company; or
Individual ownership;

b. Address of the organization;

c. Years organized under present business name; and

d. Experience in the type of construction work requested by applicant which shall include identification of past and current projects performed as either the prime contractor or as a subcontractor;

(7) Specifics of the organization of the contractor as follows:

a. If a corporation:

Date of incorporation;
Place of incorporation, and whether in good standing;
Name of president;
Name(s) of corporate officers of the rank of vice-president or above;
Name of secretary;
Name of treasurer; and
Names of persons or entities owning 10% or more of the corporation, and indication of the percentage owned;

b. If a partnership or limited partnership:

Date of organization;
Nature of partnership;
Names of all general and limited partners; and
Addresses of all general and limited partners; and

c. If a limited liability company (LLC):

Date of organization;
Place of creation, and whether in good standing;
Name of the manager and any officers if a LLC; and
Name of each member owning 10% or more of the LLC and indication of the percentage owned;

(8) Listing of any affiliation of the contractor organization, principal individual, officer, or director with any other contractor or material supplier;

(9) Listing of all on-going projects, public and private, as either a prime or subcontractor at date of filing indicating for each project:

a. Contract amount;

b. Class of work, for example, site work, road construction, and bridge construction;

c. Percentage completed;

d. Percentage sub-contracted;

e. Full name and address of the entity that awarded the contract; and

f. Expected date of completion;

(10) Listing of completed contracts within the past 3 years indicating for each contract:

a. Contract amount;

b. Class of work, for example, site work, road construction, and bridge construction;

c. Percentage completed;

d. Percentage sub-contracted;

e. Full name and address of the entity that awarded the contract; and

f. Date of completion;

(11) A statement as to whether the organization or legal entity, its officers, or its partners have in the past 3 years been:

a. Found in a legal proceeding to be in default of a contract, including the date and parties to the proceeding;

b. Claimed in a legal proceeding to be in default of a contract, including the date and parties to the proceeding;

c. Put on notice that the legal organization is in default of a contract, including the date of breach and parties to the contract;

d. Formally accused of an antitrust violation;

e. Formally accused of a bidding crime; or

f. Formally accused of any charge that could lead to a debarment in NH or another jurisdiction;

(12) A statement as to whether any officer, partner or principal individual of the organization is in litigation for, or has ever been convicted of an antitrust violation, the name of the individual, and reason for the action;

(13) A statement as to the construction industry experience of each principal individual in the organization including:

a. Individual's name;

b. Present position;

c. Number of years of construction experience;

d. Value and type of work; and

e. The capacity in which the work was performed or supervised;

(14) Dated financial report including the following assets:

a. Cash on hand;

b. Notes receivable;

c. Accounts receivable;

d. Inventory;

e. Deposits for bids or guarantees;

f. Prepaid expense;

g. Cash value of life insurance on principal individuals;

h. Stocks and bonds;

i. Investments;

j. Fixed assets, including:

Cost;
Accumulated depreciation; and
Book value;

k. Other assets; and

l. Names of persons or entities and percentages accounting for notes receivable;

(15) Dated financial report including the following liabilities and equity:

a. Notes payable;

b. Accounts payable;

c. Equipment lease and purchase agreements;

d. Amount owed on equipment;

e. Real estate encumbrances;

f. Federal income tax provision;

g. Other liabilities;

h. Deferred income;

i. Capital stock paid up;

j. Contingent liabilities; and

k. Names of persons or entities and percentages accounting for notes payable;

(16) Information relating to the financial report, including the preparer's:

a. Full name;

b. Complete address;

c. Telephone number; and

d. Whether prepared on the cash basis or accrual basis;

(17) A certified copy of any written agreement between the contracting legal entity and any other legal entity that guarantees the obligations of either legal entity;

(18) Listing of construction equipment to be used in performance of the work for which prequalification is sought, including complete description and book value;

(19) Names and complete addresses of major material suppliers and subcontractors with whom business was done within the past 3 years;

(20) Names and addresses of the following financial entities used by the contractor:

a. Bank;

b. Surety company; and

c. Insurance agent;

(21) Certification of non-collusion statement, as required by federal regulations;

(22) Authorized signature and title; and

(23) Letter from bonding company indicating both single and aggregate bonding limits.

(c) An authorized officer, partner, member, manager or principal of the legal entity or organization shall sign a sworn statement, under penalties of perjury, that the information contained in the application is true and accurate to the best of his/her information and belief. The officer shall further attest that he or she is authorized to sign the contract on behalf of the legal entity.

(d) A prequalification application and supporting documents shall be filed as follows:

(1) By mail to:

Bureau of Contracts

7 Hazen Drive

PO Box 483

Concord, NH 03302;

(2) In person to:

Bureau of Contracts

7 Hazen Drive

Concord, NH 03302; or

(3) Electronically by first contacting the department for the correct email address in order to protect contractors’ confidential information.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.06 Time {#sec-tra-401.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.06}

of Filing and Review.

(a) Prequalification statements shall be filed with the department annually. Prequalification status shall expire one year and 3 months from the date of the financial statement filed as part of the prequalification statement. In no case shall a request for prequalification be accepted after the tenth day before the day set for opening of bids for the project on which the contractor under consideration intends to bid.

(b) A request for prequalification shall not be considered by the committee until a prequalification statement fully completed in accordance with Tra 401.05 and a financial statement fully completed in accordance with Tra 401.04 have been submitted by the contractor concerned. If the information contained in any statement required under this part is insufficient, the commissioner shall refuse to furnish such contractor with an official proposal form for an advertised project.

(c) The prequalification committee shall analyze the prequalification statement and financial statement and obtain verification of the information set forth in the statements. Obtaining verification shall include, but not be limited to, such methods as requesting written or oral references and evaluating past performance on state projects in any capacity. The prequalification committee shall request further clarification of information, or a personal interview with the contractor, if necessary to evaluate the prequalification statement and the financial statement.

(d) The prequalification committee shall consider a request for the revision of a prequalification rating at any time based upon the submission of information showing increased financial ability, equipment, or ability to perform work.

(e) The prequalification committee shall consider the request of a debarred contractor to lift debarment at any time based upon the submission of information to show that cause for continuance of a debarment no longer exists.

History

#4175, eff 12-1-86; amd by #4454, eff 7-1-88; ss by #5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.07 Classification {#sec-tra-401.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.07}

(a) Contractors shall be classified by the prequalification committee into one or more of the following areas of expertise:

(1) Road construction;

(2) Guardrail construction;

(3) Traffic signals;

(4) Paving;

(5) Bridge construction;

(6) Bridge rehabilitation;

(7) Bridge painting;

(8) Covered bridges;

(9) Marine construction;

(10) Site work;

(11) Building construction;

(12) Building demolition;

(13) HVAC work;

(14) Electrical work;

(15) Roofing;

(16) Asbestos work; and

(17) Other, as specified.

(b) The prospective contractor shall indicate, at the place provided in the statement, the particular area(s) of expertise in which the contractor desires to prequalify.

(1) All information provided in the prequalification statement;

(2) The actual past experience of the contractor in performance of work in one or more of the areas of expertise; and

(3) References received based upon past work which indicate a record of successful performance of work as a contractor in that area of expertise.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.08 Capacity {#sec-tra-401.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.08}

Rating.

(a) The prequalification committee shall determine annually the capacity rating of a contractor.

(b) Capacity rating means the bidder’s maximum bonding aggregate, and shall be the largest amount, expressed in dollar volume, of work a contractor shall be judged capable of performing at any time, either as prime contractor or subcontractor, regardless of the location of the work and with whom it has contracted. The contractor shall be qualified by the prequalification committee to bid on a project based upon the contractor’s financial statement, contract value of work on hand and bonding limits, both single and aggregate. The capacity rating shall be subject to change during a year based upon updated information received by the prequalification committee or upon application from the contractor.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.09 Prequalification {#sec-tra-401.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.09}

Determination.

(a) The prequalification committee shall use a combination of classification and capacity rating to determine the qualification of proposed contractors to bid on specific projects.

(b) The dollar value of the contractor's incomplete work as either a prime contractor or subcontractor shall be deducted from the capacity rating. The remainder shall be called the current capacity rating. Final prequalification determinations shall be expressed in terms of current capacity rating.

(c) The department shall notify each applicant who is prequalified of the amount of its current capacity rating and the classification of work on which the applicant shall be eligible to bid during the year.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.10 Request {#sec-tra-401.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.10}

for Proposal.

(a) Although sample copies of all project documents shall be released to the public pursuant to RSA 91-A, no request for proposal forms to be filed as part of an actual bid for a department project shall be provided to a prospective bidder who is not prequalified, except as provided under Tra 401.04(f). A contractor shall not be considered prequalified prior to filing the prequalification statement and financial report or prior to determination of classification and capacity ratings by the prequalification committee.

(b) Proposals shall not be issued to a contractor if performance evaluation reports show that on projects already under contract at the time of requesting proposals, the contractor is making unsatisfactory progress on the work. Unsatisfactory progress shall include but not be limited to a negative evaluation of timeliness of performance or quality of work performed.

(c) Prequalified contractors shall seek the issuance of a request for proposal by completing, signing and submitting a “Request for Proposal” form, available from the department, containing the following information:

(1) The contractors name, address, and telephone number;

(2) Project name and number for which a request is being made;

(3) Identification of the prime and subcontractor; and

(4) Status of all work under contract as of the date of the request which shall include:

a. Description of the contract;

b. Identification and address of the owner involved;

c. The amount of the contract;

d. The total value of uncompleted work in dollar amount;

e. The total value of uncompleted work to be performed by a subcontractor in dollar amount; and

f. The contract completion date.

(d) The prequalification committee shall issue a “Request for Proposal” form for use in actual bidding to a prospective bidder only if a review of the prequalification statement and financial statement shows that:

(1) The current capacity rating of the contractor exceeds the estimated value of the proposed contract;

(2) The bonding capacity of the contractor exceeds the estimated value of the proposed contract;

(3) The contractor possesses sufficient equipment and human resources to perform the work under the proposed contract as well as the projects the contractor has under current contract; and

(4) The contractor has in the past met or exceeded contract performance expectations for a state contract:

a. In the same classification of expertise;

b. In the same or a similar location; and

c. For work of similar or greater complexity as the proposed work for which the contractor has requested a proposal.

(e) In instances when the contractor has no prior project experience working with the department, the contractor shall be limited to 2 or fewer projects, unless sufficiently determined by the department to be capable of handling more projects based upon the contractor’s bonding capacity, number of employees, net worth, the value of projects the contractor has completed in the prior 3 years, and the estimate value, complexity and location of the pending contract.

(f) Request for proposal forms shall be labeled with the name of the bidder and shall be non-transferable, except for a jointly prepared request for proposal submitted in accordance with Tra 401.11.

History

#4175, eff 12-1-86; EXPIRED: 12-1-92
#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.11 Joint {#sec-tra-401.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.11}

Qualification Rating.

(a) When 2 or more prequalified contractors wish to combine all or a portion of their assets for bidding on a project, they shall do so by filing with the department a jointly prepared request for proposal.

(b) If a contractor applying for prequalification is organized into more than one legal entity, the contractor may obtain a larger capacity rating than would be available for the smaller of the 2 legal entities if:

(1) The larger of the 2 legal entities supplies a written guarantee for the legal obligations of the smaller entity who is the prospective bidder;

(2) The guarantee includes all assets and liabilities of the guarantor; and

(3) The guarantee holds the guarantor and the prospective bidder responsible for the contract and actions of the prospective bidder on the contract.

History

#5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.12 Denial {#sec-tra-401.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.12}

of Prequalification and Debarment; Right To A Hearing.

(a) The department shall deny prequalification to a prospective contractor for any of the following reasons:

(1) The applicant knowingly made materially false, deceptive, or fraudulent statements either on the application, or at any conference with the prequalification committee, or on any bid proposal form;

(2) The applicant has been convicted of participating in anti-trust violations;

(3) The applicant is currently debarred from performing work in any state or on federal projects; or

(4) Other factors are present which would materially affect the contractor's ability to perform contractual responsibilities, including but not limited to poor performance on previous contracts in any state or on federal projects.

(b) The department shall debar any prequalified contracting firm, its affiliates, or subsidiary firms, or principal individuals if the prequalification committee receives information from the contractor, a governmental unit, or a public record that:

(1) The contractor knowingly made materially false, deceptive or fraudulent statements either on the application, at any conference with the prequalification committee, on any bid proposal form, or on documents filed with the department including but not limited to statement of hours worked, work performed, finances, cost, equipment used/purchased, materials used, or payments made;

(2) The contractor has been convicted of participating in anti-trust violations;

(3) A contractor, or any of its principal individuals, has been convicted of any bidding crime as a result of a jury or bench trial, any plea of guilty or nolo contendere, any public admission of a contractor related to a bidding crime, or any admission of a bidding crime written and signed or made under oath by an unindicted co-conspirator;

(4) A contractor, or any of its principal individuals, has been debarred by some other state or federal agency for reasons substantially similar to those listed above in preceding subparagraph (3) regarding bidding crimes;

(5) Other factors of a serious and compelling nature are present which materially affect the contractor's ability to perform its contractual responsibilities, including but not limited to poor performance reflected in performance evaluations created during the performance of the work on previous contracts; or

(6) A contractor has failed or neglected to advise the department of a conviction upon any bidding crime or debarment by any other state or federal agency within 30 days of such conviction or debarment.

(c) Any contracting firm, its affiliates or subsidiary firms, or any principal individual considered for debarment shall be formally notified by certified mail of the opportunity to request a hearing pursuant to Tra 202 30 days prior to actual debarment, provided that if necessary to protect the public interest in situations involving threat to public health or safety, the committee shall debar a contracting firm, its affiliates or subsidiary firms, or any principal individual effective immediately, and hold a hearing pursuant to RSA 541-A:30, III.

(d) The prequalification committee shall suspend or otherwise delay inquiry into possible debarment if such inquiry might impede state or federal investigations.

(e) If debarred, the term of debarment shall be 36 months, unless the prequalification committee determines that the reason for debarment no longer exists, or that the debarred contractor has successfully completed the terms of sentence, including probation responsibilities, for a bidding crime.

(f) The prequalification committee shall extend the debarment term beyond 36 months if any of the bases for debarment still exist, and such bases continue to materially affect the contractor's ability to perform contractual responsibilities.

(g) Debarment shall in no way affect the obligation of a contracting firm to complete services already under contract.

(h) Any debarred contracting firm, its affiliates or subsidiary firms, or any principal individual shall not participate in any capacity on any project administered by the state unless the terms of the debarment are limited to enable the contractor to participate in activities not covered by the debarment order.

(i) A contractor shall be debarred by the department based upon debarment in another state or by a federal agency, unless after investigation and inquiry of the contractor, the debarring agency, and any available outside sources, the department makes an exception to the debarment requirement based upon the circumstances involved, including:

(1) Whether the action for which the contractor was disbarred would have resulted in disbarment in New Hampshire if the action had occurred here;

(2) Whether the contractor has dismissed any officers or employees who were responsible for the action that resulted in disbarment;

(3) The process involved with the debarment from the other state or federal agency, including whether the debarment is being appealed;

(4) Whether the state is experiencing a need that the disbarred contractor is particularly suited to fill;

(5) Whether the contractor has met or exceeded contract performance expectations for a contract in New Hampshire within the past 5 years;

(6) Whether the disbarment was the result of a unique instance of misconduct, as opposed to a pattern of misbehavior;

(7) The severity or lack of severity of the conduct that resulted in disbarment in the other state or by a federal agency suggest that a different penalty, if any, should apply in New Hampshire;

(8) Any other facts or conditions exist which indicate the contractor will be able to successfully complete its work on behalf of the state of New Hampshire; or

(9) Any other facts or conditions exist which would indicate that the contractor will not continue to act in the manner that resulted in disbarment.

History

#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

N.H. Code Admin. R. Ann. Tra 401.13 Request {#sec-tra-401.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 401.13}

for Hearing.

(a) Decisions of the prequalification committee with respect to the following determinations may be appealed to the commissioner by filing a request for hearing pursuant to Tra 202 and RSA 541-A:

(1) Classification;

(2) Capacity rating;

(3) Prequalification status;

(4) Denial of prequalification;

(5) Requests to revise prequalification status;

(6) Requests for joint qualification rating;

(7) Refusal to approve cross corporate guarantee;

(8) Suspension, revocation, or limitation on prequalification; or

(9) Debarment.

(b) A request for hearing shall be sent to:

Commissioner

New Hampshire Department of Transportation

P.O. Box 483

Concord, NH 03302-0483

(c) A request for hearing shall be in writing and made within 30 days from the date of receipt of the decision by the applicant.

(d) The filing of a request for hearing shall not stay the bidding process on any proposed contract upon which an applicant has sought to be prequalified.

Appendix

Rule

Statute Implemented

Tra 401.01

RSA 228:4, 228:4-a

Tra 401.02

RSA 228:4, 228:4-a

Tra 401.03

RSA 228:4, 228:4-a

Tra 401.04

RSA 228:4, 228:4-a, 91-A:5, IV

Tra 401.05

RSA 228:4, 228:4-a

Tra 401.06

RSA 228:4, 228:4-a

Tra 401.07

RSA 228:4, 228:4-a

Tra 401.08

RSA 228:4, 228:4-a

Tra 401.09

RSA 228:4, 228:4-a

Tra 401.10

RSA 228:4, 228:4-a

Tra 401.10 (a)

RSA 228:4, 228:4-a, 91-A:4, III-V

Tra 401.10 (b)-(f)

RSA 228:4, 228:4-a

Tra 401.11

RSA 228:4, 228:4-a

Tra 401.12

RSA 228:4, 228:4-a, 541-A:30, III

Tra 401.13

RSA 228:4, 228:4-a, 541-A: 30 through 36

History

#7176, eff 12-23-99; EXPIRED: 12-23-07
#9452, eff 4-8-09; ss by #12400, eff 10-4-17

Chapter Tra 500 Construction Aid and Relocation Services

Part Tra 501 State Bridge Aid

N.H. Code Admin. R. Ann. Tra 501.01 Purpose {#sec-tra-501.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.01}

The purpose of this part is to implement the process authorized by RSA 234:5 to provide state bridge aid to municipalities in New Hampshire.

History

#4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95
#6172, eff 1-25-96, EXPIRED: 1-25-04
#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.02 Definitions {#sec-tra-501.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.02}

(a) “American Association of State Highway and Transportation Officials” (AASHTO) means a nonprofit, nonpartisan association headquartered in Washington, D.C.

(b) “Bridge” means:

(1) A structure having a clear span of 10 feet or more measured along the centerline of the roadway at the elevation of the bridge seats, spanning a watercourse or other opening or obstruction, on a public highway to carry the traffic across, including the substructure, superstructure and highway approaches to the bridge; or

(2) A combination of culverts constructed to provide drainage for a public highway with:

a. An overall combined span of 10 feet or more; and

b. A distance between culverts of 1/2 the diameter or less of the smallest culvert.

(d) “Construction cost” means all costs incurred necessary to construct a project, for labor, materials, and equipment, including the construction provider’s overhead and profit.

(e) “Construction engineering cost” means all costs associated with administering and overseeing the construction of a project.

(f) “Construction provider” means a:

(1) Contractor who supplies labor or materials, or both, for a project under the terms of a contract; or

(2) Supplier of materials for a project under the terms of a contract.

(g) “Design cost” means all costs incurred from initiation of design and review under Tra 501.10 or Tra 501.11 until:

(1) The time of the award of a construction contract in accordance with Tra 501.12(a) or (b)(2); or

(2) The start of construction by municipal forces in accordance with Tra 501.12(b)(1).

(h) “Emergency” means a calamity, existing or imminent, caused by fire, flood, riot, windstorm, explosion, or act of God that requires immediate remedial action to protect property or life.

(i) “Miscellaneous costs” means costs other than construction, construction engineering, or design costs, incurred in the production of contract plans and proposals, advertisement for bids, permit fees and acquisition of property rights associated with right-of-way needs, including, but not limited to, appraisals, land damages, deed preparation, and recording fees.

(j) “Municipality” means a town, city, or unincorporated place in New Hampshire. The term does not include a village district.

(k) “Project” means a planned undertaking by a municipality or the department to design and construct or reconstruct a bridge and highway approaches to the bridge, provided that, if the department or the municipality determines, after the conceptual study or design, or both, that the construction or reconstruction of the bridge is not feasible at that time, the project may constitute the conceptual study or design, or both.

(l) “Responsible bidder” means a bidder that the Department determines has the ability to perform the requirements of the contract through the prequalification process established under Tra 400.

(m) “Responsive bid” means a bid that meets all the requirements of the invitation for bids.

History

#4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95
#6172, eff 1-25-96, EXPIRED: 1-25-04
#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.03 State {#sec-tra-501.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.03}

Bridge Aid; Project Process Summary.

(a) A municipality may apply to the department for aid to construct or reconstruct a bridge(s) on a class IV or class V highway(s), or on a designated municipally-owned and maintained class II highway(s), as each class is described in RSA 229:5, I-III.

(b) The process for a project shall include the following:

(1) A municipality shall make an application for state bridge aid estimate, as provided in Tra 501.05(a);

(2) The department shall examine the project site, as provided in Tra 501.06(a);

(3) The bureau shall provide the municipality with a preliminary estimate of the project cost, as provided in Tra 501.06(b);

(4) The municipality shall make an application for state bridge aid construction funding for a project, as provided in Tra 501.07;

(5) For a municipally-managed project, the municipality shall provide an engineering study, preliminary plans, and final plans to the department for review and approval, as provided in Tra 501.10;

(6) For a department-managed project, the department shall provide the municipality with preliminary plans and final plans for review and comment from the municipality, as provided in Tra 501.11;

(7) After the contract(s) is awarded:

a. A municipally-managed project shall be administered by the municipality, as provided in Tra 501.12(b)-(c); and

b. A department-managed project shall be administered by the department, as provided in Tra 501.12(a);

(8) State bridge aid payments shall be made as provided in Tra 501.13; and

(9) A municipality may apply for bridge aid funds for replacement or rehabilitation costs in accordance with RSA 234:5-a;

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.04 Bridge Project Design Criteria {#sec-tra-501.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.04}

(a) Bridge projects constructed with state bridge aid shall be designed in accordance with the following design standards and manuals:

(1) AASHTO Load Resistance Factor Rating (LRFD) Bridge Design, 7th Edition (2014) with current interim revisions;

(2) AASHTO Manual for Bridge Evaluation, 2nd Edition (2010), with interim revisions;

(3) AASHTO Guide Specifications for Seismic Isolation Design, 4th Edition;

(4) AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 6th Edition (2013) and interim revisions;

(5) AASHTO Policy on Geometric Design of Highways and Streets (2011, 6th Edition);

(6) Federal Highway Administration Manual on Uniform Traffic Control Devices, as adopted by the commissioner as a policy for traffic control standards (2009 and subsequent revisions);

(7) AASHTO Roadside Design Guide, 4th Edition (2011);

(8) New Hampshire Department of Transportation (NHDOT) Standard Specifications for Road and Bridge Construction, 2010 Edition;

(9) New Hampshire Department of Transportation (NHDOT) Highway Design Manual (1999); and

(10) New Hampshire Department of Transportation (NHDOT) Bridge Design Manual (January 2015 – v 2.0).

(b) Bridge projects constructed with state bridge aid shall be designed in accordance with the AASHTO LRFD Bridge Design Specifications, 7th Edition (2014).

(1) Unless it determines that granting the requested waiver would result in:

a. An imminent or substantial threat to human health, public safety, or the environment; or

b. The design or construction of a bridge structure that has a carrying capacity of less than:

15 tons for a rehabilitated bridge; or
The legal load permitted by RSA 266:18-b for a new bridge; and

(2) If the municipality has accepted, in writing, responsibility for construction that does not meet the waived minimum design standards.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.05 Application for State Bridge Aid Estimate {#sec-tra-501.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.05}

(a) A municipality seeking bridge aid shall provide the following information to the bureau, by filing the form entitled “Application for Preliminary Estimate” or by providing the information required by the form in writing, delivered by mail or by hand to:

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

(b) The following shall be submitted on the form entitled “Application for Bridge Aid Estimate”:

(1) The name of the municipality;

(2) The date of the application for an estimate;

(3) The bridge number;

(4) The name of the highway on which the bridge is located; and

(5) The highway classification.

(1) For a city, the mayor or the city manager;

(2) For a town, the town manager or a majority of the members of the board of selectmen; and

(3) For an unincorporated place, a majority of the county commissioners.

(d) When a bridge crosses the boundary line between 2 municipalities within the state, both municipalities shall submit applications for state bridge aid, unless a written agreement signed by both municipalities is filed appointing one municipality to act as the agent for both municipalities.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.06 Preliminary Estimate of Costs {#sec-tra-501.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.06}

(a) Upon receipt of an application for state bridge aid estimate, the department shall conduct an examination of the project site.

(b) Based upon the design criteria specified in Tra 501.04(a) and (b), the bureau shall provide a preliminary estimate of the cost of the project to the applicant municipality, including the following information:

(1) The approximate scope and limit of work, including minimum alignment and width parameters;

(2) The estimated total project cost;

(3) The municipality’s estimated share of the cost; and

(4) If 2 municipalities are involved, the estimated cost for each municipality based upon the latest year’s equalized valuation of the municipalities, unless an agreement has been executed between the 2 municipalities stipulating some other financial arrangement allocating the cost between them.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.07 Application for State Bridge Aid Construction Funding {#sec-tra-501.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.07}

(a) A municipality seeking approval for construction of a project using state bridge aid shall provide the following information to the bureau, by filing the form entitled “Application for State Bridge Aid Construction” or by providing the information required in the form in writing, delivered by mail or by hand to:

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

(b) The following shall be submitted on the form entitled “Application for State Bridge Aid Construction”:

(1) The name of the municipality;

(2) The date of the application for construction funds;

(3) The bridge number;

(4) The name of the highway on which the bridge is located; and

(5) A certification that the municipality has:

a. Raised or appropriated its share of the cost of replacing or rehabilitating the subject bridge;

b. Raised or appropriated sufficient funds to advance the design of the project; or

c. Included the project in its capital improvements program (CIP), if the municipality utilizes a CIP process as authorized pursuant to RSA 674:5.

(1) For a city, the mayor or the city manager;

(2) For a town, the town manager or a majority of the members of the board of selectmen; and

(3) For an unincorporated place, a majority of the county commissioners.

(d) When a bridge crosses the boundary line between 2 municipalities within the state, both municipalities shall submit applications, unless a written agreement signed by both municipalities is filed appointing one municipality to act as the agent for both municipalities. The written agreement shall stipulate the financial arrangement agreed upon by the municipalities to allocate the cost between the 2 municipalities.

(e) The bureau shall process applications for state bridge aid construction funding in the order received.

(f) The department shall enroll projects in the state bridge aid program on the basis of:

(1) Projected availability of funds;

(2) Anticipated design schedule;

(3) Structural capacity of the existing bridge, if any; and

(4) Any other factor affecting human health, public safety, or the environment, including, but not limited to:

a. Motorist inconvenience;

b. Emergency service access; and

c. The need for emergency repairs.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.08 Review of the Municipal Consultant and Construction Provider Selection Process {#sec-tra-501.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.08}

(a) Prior to the engagement of any consultant or construction provider, the municipality shall provide the bureau a description of the process to be utilized for selection of consultants and construction providers, so that the bureau can advise the municipality if any:

(1) Consultant selection process is not in compliance with RSA 21-I:22;

(2) Contract process or provision would make a proposed cost or fee ineligible for reimbursement with state bridge aid because the municipality did not use a competitive bidding process; and

(3) Proposed costs or fees are not eligible for reimbursement with state bridge aid.

(b) Except as provided in (c) below and Tra 501.09, the bureau shall waive review of the selection process for a consultant, if the municipality:

(1) Has municipal staff qualified to provide the service or perform the work on a force account basis;

(2) Desires to use the same design firm it engaged in a state bridge aid project completed within the past 3 years and which complies with RSA 21-I:22; and

(3) Has in place a contract for services, reached through a process complying with RSA 21-I:22, provided the contract is for general municipal services that include bridge and highway design capability.

(c) The bureau shall review the consultant and construction provider selection process of a municipality if the bureau determines that the complexity of the project involves work that requires expertise and experience in engineering disciplines appropriate to the project.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.09 Waiver of Consultant Selection Process in Case of Emergency {#sec-tra-501.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.09}

If a municipality is in immediate need of bridge construction or reconstruction as a result of an emergency, the bureau shall waive the consultant selection process if the municipality:

(a) Has municipal staff qualified to provide the services; or

(b) Has in place a contract for services, reached through a process complying with RSA 21-I:22, with a firm qualified to provide the required design services, provided that all firms that competed for selection to provide those services were qualified to provide the required design services.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.10 Design and Review; Municipally-Managed Projects {#sec-tra-501.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.10}

(a) Design of a municipally-managed project may be performed by municipal staff, or by a consultant, provided the designer is a licensed professional engineer registered in the applicable branch classification, including, but not limited to, requiring a structural engineer for bridge design.

(b) The department shall notify the municipality in writing if it determines that a proposed project is:

(1) Simple in its scope, including, but not limited to, the resurfacing of a road or the replacement of a culvert, a municipality shall not be required to provide to the department an engineering study, preliminary plans, and final plans for the proposed project; or

(2) More complex than the type of project described in (1) above, including, but not limited to the reconstruction of a road, the widening of a road, the rebuilding of an intersection, or the addition of turning lanes, a municipality shall provide an engineering study, preliminary plans, and final plans for the proposed project to the department for review.

(1) A description of existing conditions, including:

a. Description of the existing bridge and roadway;

b. Length and width of existing structures;

c. Type of bridge superstructure and substructure;

d. Alignment of the approach roadway; and

e. Any significant geometric or topographical conditions;

(2) A list of the relevant design criteria and manuals to be used, including, but not limited to:

a. Bridge loading; and

b. Design speed;

(3) A description of the methodology and reasoning used to develop the proposed roadway alignment, including:

a. Horizontal and vertical curves;

b. Travel way and shoulder widths;

c. Effects upon environmentally sensitive areas, such as wetlands;

d. Effects upon utilities;

e. Effects upon any existing structures; and

f. Effects upon private property;

(4) A description of the methodology and reasoning used to develop the proposed bridge type, including:

a. A narrative comparison of the bridge types studied;

b. A plan of the recommended bridge type, in plan, elevation and typical section, portraying:

Components of the superstructure;
Components of the substructure;
Materials to be used in construction;
Beam spacing; and
Dimensions of pavement and curbs;

(5) The number and content of any boring logs taken, if deemed necessary by the responsible professional engineer, to present a reasonably accurate picture of subsurface conditions at the site;

(6) A description of the methodology and reasoning used to present the hydrologic and hydraulic parameters present at the site, including:

a. Drainage area;

b. Design flood event and volume;

c. Flood velocity; and

d. Elevations of drainage area;

(7) An itemized cost estimate for the proposed bridge type and roadway alignment, consistent with the standard specifications, item names, and definitions published in the New Hampshire Department of Transportation Standard Specifications for Road and Bridge Construction (2006);

(8) A description of the environmental resources that may be affected by each of the alternatives considered, including:

a. Natural resources protected by state or federal environmental protection laws; and

b. Cultural, historical, social, and economic resources protected by state or federal laws;

(9) A description of meeting(s) held with the New Hampshire division of historical resources in order to identify potential historical or archeological concerns that should be investigated to determine the possible impact of the project on cultural resources; and

(10) A description of how traffic control and constructability issues will be addressed during construction.

(d) The preliminary plans shall contain the following elements:

(1) A location plan, on a minimum scale of one inch equals one mile;

(2) A general plan, depicting the elevation of the bridge structure;

(3) A cross section of the approach roadway adjacent to the bridge;

(4) A cross section of any roadway, water course, or other area spanned by the bridge;

(5) A cross section of the bridge structure;

(6) General notes, depicting:

a. Design loading;

b. Foundation type;

c. Allowable foundation loads;

d. Minimum frost cover;

e. Superstructure type;

f. Seismic design calculations; and

g. Any other condition that, in the opinion of the presenting engineer, is worthy of note to the reviewing engineer;

(7) Hydrologic and hydraulic data, including drainage area and design taking into account flood volume, velocity, and elevation;

(8) Existing and proposed roadway layout plan;

(9) Profiles of all roadways affected by the project;

(10) Critical Cross section;

(11) Boring logs and locations, if available;

(12) A comparison of existing and proposed channel contours, including proposed channel and slope protection; and

(13) Engineer’s estimate of cost of construction for the complete proposed project.

(e) The department shall review the engineering study and preliminary plans. Following receipt of the department’s comments on the engineering study and preliminary plans, the municipality shall submit final design plans and an updated cost estimate to the department for review and approval. After approval of the final design plans and cost estimate by the department, the municipality shall prepare contract plans, specifications, and a contract proposal.

(f) Contract plans, specifications, and proposals shall bear the licensed professional engineer stamp of the professional engineer who prepared the plans and contract proposal, or under whose direct supervisory authority the plans and contract proposal were prepared. Before finalized plans and contract proposals are submitted, it shall be independently checked in detail by a structural and highway designer, other than the original designer, and reviewed by the consultant’s supervising engineer charged with responsibility for the project.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.11 Design and Review; Department-Managed Projects {#sec-tra-501.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.11}

(a) When the department prepares the design for a project, the preliminary plans shall be reviewed by the municipality in which the project is to be located. The municipality may submit written comments regarding the preliminary plans to the department.

(b) After receipt of written comments, if any, from the municipality under (a) above, the department shall submit final design plans to the municipality for its review and approval.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.12 Contract Award and Administration {#sec-tra-501.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.12}

(a) Department-managed projects shall be awarded to the lowest responsible bidder in a competitive bidding process conducted in accordance with RSA 228:4 and RSA 228:4-a. A department-managed project shall be administered by the department.

(b) A municipally-managed project shall be performed by:

(1) Municipal staff acting on a force account basis;

(2) By a construction provider, under the following conditions:

a. The construction provider was selected as the lowest responsible bidder in a competitive bidding process conducted in accordance with the procedures in place in the municipality where the bridge project is located;

b. The municipality has submitted a tabulation of the bids received in the process to the department; and

c. The department has concurred in the contract award after considering the following, including, but not limited to:

The reasonableness of the unit prices in the bids, as determined by bid comparisons and the Department’s average weighted unit price; and
If the construction provider is not prequalified in accordance with Tra 401, the experience of the construction provider in the type of work anticipated in the project; or

(3) By a combination of (1) and (2) above.

(c) During construction, the work shall be inspected by the municipality as a construction engineering cost as necessary to insure conformity with the approved plans and specifications, including the following:

(1) Review of shop drawings;

(2) Inspection of fabricated materials;

(3) Review and inspection of falsework;

(4) Laboratory and field testing of materials; and

(5) Field inspection of work performed at the project site.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.13 Payment of Bridge Aid Funds {#sec-tra-501.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.13}

(a) State bridge aid shall be 80 percent of the actual amount of the costs incurred by the municipality in a project to construct or reconstruct a bridge, unless:

(1) Otherwise provided in RSA 234:10-a, in the case of insurance indemnification; or

(2) Further limited under RSA 234:11.

(b) A project cost claimed by a consultant, contractor, or municipality shall not be eligible for state bridge aid if the cost is:

(1) Not specifically identified in a written contract for services or materials, except as modified by a change order or extra work order approved by the department;

(2) In excess of the usual and customary billing rate in the industry; or

(3) Unrelated to the project.

(1) The department shall reimburse the municipality 80 percent of the cost for design of a project upon the review and approval of:

a. Finalized plans and specifications;

b. Copies of invoices for services, if the project is designed by a consultant; and

c. An invoice for staff-related charges, if designed by the municipality;

(2) The department shall reimburse the municipality 50 percent of the state’s 80 percent share of the construction cost of a project upon notice that the municipality has:

a. Begun work on the project on a force account basis; or

b. Awarded the contract to the lowest responsible bidder;

(3) The department shall reimburse the municipality 80 percent of the construction engineering cost and miscellaneous costs of a project upon the review and approval of:

a. Copies of invoices or proof of payment for services, if the project services were provided by a consultant;

b. An invoice for staff-related charges or charges for material and equipment utilized in the project, if the project services were provided by the municipality; and

c. Invoices of all construction providers; and

(4) The department shall reimburse the municipality the balance of the 80 percent share of the final project construction cost upon:

a. Inspection, showing the work to be complete and performed in conformance with the requirements of the approved final plans and specifications;

b. Submission of one set of reproducible as-built plans of the project to the department; and

c. Submission by the municipality of a load rating analysis, using standard AASHTO design strength load ratings for vehicular traffic, design method load factor design (LFD), on the form entitled “Bridge Capacity Summary,” as described in (e) below.

(d) If the project is a department-managed project, the municipality shall reimburse the state 1/2 of its 20 percent share at the start of the project and the balance of its 20 percent share of the final cost of the project upon completion of the project.

(e) The following shall be submitted on the form entitled “Bridge Capacity Summary”:

(1) The name of the municipality;

(2) The bridge number;

(3) Identification of what the bridge passes over;

(4) The name of the person who did the rating and the date of the rating;

(5) The name, stamp, and signature of the person who checked the rating and the date of the check;

(6) The name of the highway on which the bridge is located;

(7) The standard AASHTO design load rating for vehicular traffic used in the rating;

(8) The design method of the rating, which shall be load factor design (LFD);

(9) The rating method used, which shall be load factor;

(10) The rated bridge member;

(11) The longitudinal effective span length;

(12) The following information relative to the required capacity in tons, in terms of the AASHTO design load rating:

a. Current legal loads; and

b. Certified vehicles, including load information for a single unit and a multiple unit.

(13) The following information relative to the available capacity in tons, in terms of the AASHTO design load rating, for inventory, operating, and posting for:

a. Multiple lanes loaded; and

b. Single lane loaded; and

(14) The available capacity in English tons and metric tons for inventory and operating.

(f) Upon completion of the project, the department shall provide the municipality with:

(1) An inspection report, with a recommendation regarding posting of the bridge, based on the inspection and bridge capacity data; and

(2) An itemized statement of the complete cost of construction, if the project was department-managed.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.14 Consultant Evaluation {#sec-tra-501.14 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.14}

(a) Any contracted consultant or engineering services provider on a project funded with state bridge aid shall be evaluated by the entity administering the contract under which the services were provided.

(b) The evaluation shall require the following information:

(1) The municipality in which the project took place;

(2) The date of the evaluation;

(3) The project name and project number;

(4) A description of the project;

(5) The name of the project manager;

(6) Name of the consultant being evaluated;

(7) Address of the consultant;

(8) Name of consultant’s lead person;

(9) Type of work provided by the consultant;

(10) Information on whether the consultant requested or was required to file for extra work, and, if extra work was required, a brief explanation of the extra work;

(11) The names of any of the consultant’s employees whose performance was outstanding and their contribution; and

(12) The names of any of the consultant’s employees whose work was below expectations and in what way the work was below expectation.

(c) The administering entity shall evaluate consultant based organization and management services as to whether the quality of the services was above expectations, meets expectations, or was below expectations. Any evaluation of below expectations shall include comments explaining the reason for the evaluation.

(d) The following consultant based organization and management service areas shall be evaluated:

(1) Technical capability of personnel;

(2) Adequacy of supervision of personnel;

(3) Communication and cooperation with the contract administrator;

(4) Performance and workmanship;

(5) Invoicing;

(6) Administration of subconsultants; and

(7) Ability to anticipate and resolve technical or design issues.

(e) The administering entity shall evaluate design services as to whether the quality of the services was above expectations, meets expectations, or was below expectations, taking into account completeness, timeliness, accuracy, and ability to anticipate and resolve design issues.

(f) The following design service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

(1) Support for environmental processes;

(2) Conceptual alternatives;

(3) The engineering study;

(4) Support of public participation;

(5) Preliminary plans;

(6) Final plans;

(7) Bid and contracting phase; and

(8) Construction.

(g) The evaluation shall provide an opportunity for the consultant to respond or comment upon any of the areas of the evaluation.

(h) Each consultant evaluation shall be dated and signed by:

(1) The municipal project manager;

(2) The chairman of the board of selectmen or the town or city manager, as applicable;

(3) The consultant’s project manager; and

(4) The principal consultant.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 501.15 Contractor Evaluation {#sec-tra-501.15 omnilex-key=us-nh-regs-official--agency-tra--Tra 501.15}

(a) Any contractor responsible for the actual construction work of a project funded with state bridge aid shall be evaluated by the entity administering the contract under which the services were provided.

(b) The evaluation shall require the following information:

(1) The name of the municipality;

(2) The contractor’s name;

(3) The contractor’s address;

(4) The date of the evaluation;

(5) The name of the contract administrator;

(6) The project name;

(7) The project number;

(8) A type of project, including:

a. Road;

b. Signals;

c. Bridge; or

d. Other, with an explanation;

(9) The original contract amount;

(10) Contract completion date;

(11) Project start date;

(12) Project completion date;

(13) Extension date granted, if any; and

(14) The amount the final cost was over or under the original contract amount.

(c) The evaluation shall include a question if the contract was not completed on time because of the contractor’s performance. If the response to the question is “yes,” the evaluation shall provide a space for description of the reason(s) for the failure to complete the contract on time.

(d) Construction services shall be evaluated as to whether the quality of the services was above expectations, meets expectations, or was below expectations.

(e) The following construction service areas shall be evaluated, with an opportunity for comments provided in each area:

(1) Quality of the work;

(2) Public relations;

(3) Organization and personnel;

(4) Contract compliance;

(5) Equipment used, including whether the:

a. Equipment provided was sufficient in amount to perform the work; and

b. Condition of the equipment used was sufficient to perform the work;

(6) Quality of the supervision of the work;

(7) Cooperation with the contract administrator;

(8) Payment of accounts; and

(9) Performance of subcontractors.

(f) Each construction evaluation shall be dated and signed by:

(1) The individual(s) who oversaw the construction in the field;

(2) The consultant’s project manager; and

(3) The chairman of the board of selectmen or the town or city manager, as applicable.

History

#8923, eff 6-27-07; ss by #11037, eff 2-22-16

Part Tra 502 State Highway Aid

N.H. Code Admin. R. Ann. Tra 502.01 Purpose {#sec-tra-502.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.01}

The purpose of this part is to implement the process authorized by RSA 235:14 to provide state highway aid to municipalities in New Hampshire.

History

#4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95
#6172, eff 1-25-96, EXPIRED: 1-25-04
#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.02 Definitions {#sec-tra-502.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.02}

(a) “American Association of State Highway and Transportation Officials” (AASHTO) means a nonprofit, nonpartisan association headquartered in Washington, D.C.

(b) “Bureau” means the bureau of planning and community assistance of the department.

(c) “Construction cost” means all costs incurred necessary to construct a project, for labor, materials, and equipment, including the construction provider’s overhead and profit.

(d) “Construction engineering cost” means all costs associated with administering and overseeing the construction of a project.

(e) “Construction provider” means a:

(1) Contractor who supplies labor or materials, or both, for a project under the terms of a contract; or

(2) Supplier of materials for a project under the terms of a contract.

(f) “Design cost” means all costs incurred from initiation of design and review under Tra 502.09 or Tra 502.10 until the time of the award of a construction contract in accordance with Tra 502.12(a) or (b).

(g) “Miscellaneous costs” means costs other than construction, construction engineering, or design costs, incurred in the production of contract plans and proposals, advertisement for bids, permit fees and acquisition of property rights associated with right-of-way needs, including, but not limited to, appraisals, land damages, deed preparation, and recording fees.

(h) “Municipality” means a town, city, or unincorporated place in New Hampshire. The term does not include a village district.

(i) “Project” means a conceptual study or design, or both, and construction or reconstruction of a highway that has been agreed to by a municipality and the department, provided that, if the department or the municipality determines, after the conceptual study or design, or both, that the construction or reconstruction of the highway is not feasible at that time, the project may constitute the conceptual study or design, or both.

History

#4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95
#6172, eff 1-25-96, EXPIRED: 1-25-04
#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.03 State Highway Aid; Project Process Summary {#sec-tra-502.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.03}

(a) A municipality may apply to the department for aid to construct or reconstruct a class I, II, or III highway(s), as described in RSA 229:5, I-III.

(b) The process for a project shall include the following:

(1) A municipality shall make a request for project, as provided in Tra 502.05(a);

(2) The department shall examine the project site, as provided in Tra 502.05(c);

(3) If the department requires a conceptual study as provided in Tra 502.06(a), either the department or the municipality shall conduct a conceptual study;

(4) If the project is eligible for state highway aid, the bureau shall provide the municipality with a preliminary estimate of the project cost, as provided in Tra 502.06(b);

(5) The municipality shall make an application for state highway aid for a project as provided in Tra 502.07;

(6) For a municipally-managed project, the municipality shall provide an engineering study, preliminary plans, and final plans to the department for review and approval, as provided in Tra 502.09;

(7) For a department-managed project, the department shall provide the municipality with preliminary plans and final plans for review and comment from the municipality, as provided in Tra 502.10;

(8) After the contract(s) is awarded:

a. A municipally-managed project shall be administered by the municipality, as provided in Tra 502.12(b); and

b. A department-managed project shall be administered by the department, as provided in Tra 502.12(a); and

(9) State highway aid payments shall be made as provided in Tra 502.13.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.04 Highway Project Design Criteria {#sec-tra-502.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.04}

(a) Highway projects constructed with state highway aid shall be designed in accordance with the following design standards and manuals:

(1) AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 6th Edition (2013) and interim revisions;

(2) AASHTO Policy on Geometric Design of Highways and Streets (2011, 6th Edition);

(3) Federal Highway Administration Manual on Uniform Traffic Control Devices, as adopted by the commissioner as a policy for traffic control standards (2009 and subsequent revisions);

(4) AASHTO Roadside Design Guide, 4thEdition (2011);

(5) New Hampshire Department of Transportation (NHDOT) Standard Specifications for Road and Bridge Construction, 2010Edition; and

(6) New Hampshire Department of Transportation (NHDOT) Highway Design Manual (1999).

(b) Upon written application of a municipality, the department shall waive any of the minimum design standards relating to municipal highways affected by the project:

(1) Unless it determines that the requested waiver, if granted, would result in an imminent or substantial threat to human health, public safety, or the environment; and

(2) If the municipality has accepted, in writing, responsibility for construction that does not meet the waived minimum design standards.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.05 Request for Project {#sec-tra-502.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.05}

(a) A municipality seeking state highway aid shall make a request for a project by providing the information required in (b) below in written form, delivered by mail or by hand to:

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

Attn: Municipal Highway Engineer

John O. Morton Building

7 Hazen Drive

Concord NH 03301

(b) A request for a project shall:

(1) Require the following information:

a. The name of the municipality;

b. The name and location of the highway on which the desired project site is located; and

c. The anticipated construction work involved; and

(2) Be signed by:

a. For a city, the mayor or the city manager;

b. For a town, the town manager or a majority of the members of the board of selectmen; and

c. For an unincorporated place, a majority of the county commissioners.

(d) The bureau shall send a written response to the municipality containing the following information:

(1) The name of the municipality;

(2) Whether or not the requested project would be eligible for state highway aid; and

(3) If eligible for state highway aid:

a. The estimated total project cost;

b. The amount of state aid funds to be applied to the project;

c. The amount of the municipality’s matching funds as required under RSA 235:15; and

d. Instructions to submit an application for construction.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.06 Conceptual Study; Preliminary Estimate of Costs {#sec-tra-502.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.06}

(a) The department shall require a conceptual study to be conducted by the department or the municipality, if the department determines that the proposed project:

(1) Requires additional design or engineering analysis before a cost estimate can be made; or

(2) Includes unknown factors that would be part of the cost estimate.

(b) Based upon the design criteria specified in Tra 502.04(a), the bureau shall provide a preliminary estimate of the cost of the project to the applicant municipality, including the following information:

(1) The approximate scope and limit of work;

(2) The estimated total project cost; and

(3) The municipality’s estimated share of the cost.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.07 Application for State Highway Aid; Enrollment of Projects {#sec-tra-502.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.07}

(a) If the department determines that a project is eligible for state highway aid, the municipality shall follow the application process described in this section.

(b) After a municipality has raised, appropriated, or set aside funds for a project requested under Tra 502.05, the municipality shall provide the following information to the bureau, by filing the form entitled “Application for State Highway Aid Construction or Reconstruction of Class I, II and III Highways” or by providing the information required in the form in writing, delivered by mail or by hand to:

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

(c) The following shall be submitted on the form entitled “Application for State Highway Aid Construction or Reconstruction of Class I, II and III Highways”:

(1) The name of the municipality;

(2) The date of the application for state highway aid;

(3) The name and location of the highway on which the project site is located; and

(4) A certification that the municipality has:

a. Raised or appropriated its share of the cost of the project;

b. Raised or appropriated sufficient funds to advance the design of the project; or

c. Included the project in its capital improvements program (CIP), if the municipality utilizes a CIP process as authorized pursuant to RSA 674:5.

(d) The application shall be signed by:

(1) For a city, the mayor or the city manager;

(2) For a town, the town manager or a majority of the members of the board of selectmen; and

(3) For an unincorporated place, a majority of the county commissioners.

(e) The bureau shall process applications for state highway aid funding in the order received.

(f) The department shall enroll projects in the state highway aid program on the basis of:

(1) Projected availability of funds;

(2) Anticipated design schedule;

(3) Condition of the existing highway; and

(4) Any other factor affecting human health, public safety, or the environment, including, but not limited to:

a. Motorist inconvenience;

b. Emergency service access; and

c. The need for emergency repairs.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.08 Review of the Municipal Consultant and Construction Provider Selection Process {#sec-tra-502.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.08}

(1) Consultant selection process is not in compliance with RSA 21-I:22;

(2) Contract process or provision would make a proposed cost or fee ineligible for reimbursement with state highway aid because the municipality did not use a competitive bidding process; and

(3) Proposed costs or fees are not eligible for reimbursement with state highway aid.

(b) Except as provided in (c) below and Tra 502.09, the bureau shall waive review of the selection process for a consultant, if the municipality:

(1) Desires to use the same consultant engaged in a state highway aid project completed within the past 3 years;

(2) Desires to use the same design firm it engaged in a recently-completed state highway aid project complying with RSA 21-I:22;

(3) Has in place a contract for services, reached through a process complying with RSA 21-I:22, provided:

a. The contract is for general municipal services that include highway design capability; and

b. The consultant is listed by the department as provided in Tra 502.09(a).

(c) The bureau shall review the consultant and construction provider selection process of a municipality, if the bureau determines that the complexity of the project involves work that requires expertise and experience in engineering disciplines appropriate to the project.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.09 Design and Review; Municipally-Managed Projects {#sec-tra-502.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.09}

(a) Design of a municipally-managed project may be performed by a consultant, provided the consultant is qualified under RSA 21-I:22 and listed by the department in accordance with the qualifications-based selection procedures.

(b) If the department determines that a proposed project is:

(2) More complex that the type of project described in (1) above, including, but not limited to the reconstruction of a road, the widening of a road, the rebuilding of an intersection, or the addition of turning lanes, a municipality shall provide an engineering study, preliminary plans, and final plans for the proposed project to the department for review.

(1) A description of existing conditions, including:

a. Geometry and cross section of the existing highway;

b. Alignment of any intersections on the highway; and

c. Any significant geometric or topographical conditions;

(2) A list of the relevant design criteria and manuals to be used;

(3) A description of the methodology and reasoning used to develop alternative alignments or treatments for the proposed highway improvement, including:

a. Horizontal and vertical curves;

b. Travel way and shoulder widths;

c. Effects upon environmentally sensitive areas, such as wetlands;

d. Effects upon utilities;

e. Effects upon any existing structures;

f. Effects upon private property; and

g. The recommendation of the responsible professional engineer as to which alternative alignment or treatment should be advanced;

(4) The number and content of any boring logs taken, if deemed necessary by the responsible professional engineer, to present a reasonably accurate picture of subsurface conditions at the site;

(5) A description of the drainage issues and methodology of addressing the drainage issues present at the site;

(6) An itemized cost estimate for the proposed highway construction or reconstruction, consistent with the standard specifications, item names, and definitions published in the New Hampshire Department of Transportation Standard Specifications for Road and Bridge Construction (2010);

(7) A description of the environmental resources that may be affected by each of the alternatives considered, including:

a. Natural resources protected by state or federal environmental protection laws; and

b. Cultural, historical, social, and economic resources protected by state or federal laws; and

(8) A description of meeting(s) held with the New Hampshire division of historical resources in order to identify potential historical or archeological concerns that should be investigated to determine the possible impact of the project on cultural resources.

(d) The preliminary plans shall contain the following elements:

(1) A front sheet with location map and layout;

(2) A typical section of improvement;

(3) General construction plans, including pavement marking, drainage, and utility relocations;

(4) A signalization plan, if needed;

(5) Documentation of the drainage design;

(6) Erosion control measures;

(7) Right-of-way acquisition plan sheets;

(8) Profiles of all roadways affected by the project;

(9) Boring locations and logs, if available;

(10) A description and implementation plan for work and traffic control;

(11) Cross-sections of the project; and

(12) Any other condition that, in the opinion of the presenting engineer, is worthy of note to the reviewing engineer.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.10 Design and Review; Department-Managed Projects {#sec-tra-502.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.10}

(b) After receipt of written comments, if any, from the municipality under (a) above, the department shall submit final design plans to the municipality for its review and approval.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.11 Processing of Applications; Enrollment of Projects {#sec-tra-502.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.11}

The bureau shall process applications for state highway aid in order of receipt. The bureau shall enroll projects based on availability of state aid highway funds.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.12 Contract Award and Administration {#sec-tra-502.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.12}

(b) A municipally-managed project shall be performed by a construction provider, under the following conditions:

(1) The construction provider was selected as the lowest responsible bidder in a competitive bidding process;

(2) The municipality has submitted a tabulation of the bids received in the competitive bidding process to the department; and

(3) The department has concurred in the contract award after considering the following, including, but not limited to:

a. The reasonableness of the unit prices in the bids; and

b. If the construction provider is not prequalified in accordance with Tra 401, the experience of the construction provider in the type of work anticipated in the project.

(c) During construction, the work shall be inspected by the department as necessary to ensure conformity with the approved plans and specifications.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.13 Payment of State Highway Aid Funds {#sec-tra-502.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.13}

(a) Except as otherwise provided pursuant to RSA 235:21, state highway aid shall be 2/3 of the actual amount of the costs incurred on a:

(1) Conceptual study for the construction or reconstruction of a highway; or

(2) Project to construct or reconstruct a highway.

(b) A project cost claimed by a consultant, contractor, or municipality shall not be eligible for state highway aid if the cost is:

(1) Not specifically identified in a written contract for services or materials, except as modified by a change order or extra work order approved by the department;

(2) In excess of the usual and customary billing rate in the industry; or

(3) Unrelated to the project.

(c) If the department conducts a conceptual study for a project, the municipality shall remit to the state 50 percent of its 1/3 share of the estimated cost of the conceptual study before the study is begun. The municipality shall remit the balance of its share upon completion of the study.

(d) If the project is a municipally-managed project:

(1) The department shall reimburse the municipality 2/3 of the cost for design of a project upon the review and approval of:

a. Finalized plans and specifications;

b. Copies of invoices for services, if the project is designed by a consultant; and

c. An invoice for staff-related charges, if designed by the municipality;

(2) The department shall reimburse the municipality 50 percent of the state’s 2/3 share of the construction cost of a project upon notice that the municipality has:

a. Begun work on the project on a force account basis; or

b. Awarded the contract to the lowest responsible bidder;

(3) The department shall reimburse the municipality 2/3 of the construction engineering costs and miscellaneous costs, including shop drawing, fabrication and falsework review, laboratory and field testing of materials, construction inspection, or other like costs customarily incurred, of a project upon the review and approval of:

a. Copies of invoices or proof of payment for services, if the project services were provided by a consultant;

b. An invoice for staff-related charges or charges for material and equipment utilized in the project, if the project services were provided by the municipality; and

c. Invoices of all construction services providers; and

(4) The department shall reimburse the municipality the balance of the 2/3 share of the final project construction cost upon:

a. Inspection, showing the work to be complete and performed in conformance with the requirements of the approved final plans and specifications; and

b. Submission of one set of reproducible as-built plans of the project to the department.

(e) If the project is a department-managed project, the municipality shall remit to the state 50 percent of its 1/3 share of the project cost for which it is receiving state highway aid prior to the start of construction. The municipality shall remit the balance of its 1/3 share of the final cost of the project upon completion of the project.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.14 Consultant Evaluation {#sec-tra-502.14 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.14}

(a) Any contracted consultant or engineering services provider on a project funded with state highway aid shall be evaluated by the entity administering the contract under which the services were provided.

(b) The following shall be submitted by the entity administering the contract:

(1) The municipality in which the project took place;

(2) The date of the evaluation;

(3) The project name;

(4) A verbal description of the project;

(5) The name of the project manager;

(6) Name of the consultant being evaluated;

(7) Address of the consultant;

(8) Name of consultant’s lead person;

(9) Type of work provided by the consultant;

(10) Information on whether the consultant requested or was required to file for extra work, and, if extra work was required, a brief explanation of the extra work;

(11) The names of any of the consultant’s employees whose performance was outstanding and their contribution; and

(12) The names of any of the consultant’s employees whose work was below expectations and in what way the work was below expectation.

(d) The following consultant based organization and management service areas shall be evaluated:

(1) Technical capability of personnel;

(2) Adequacy of supervision of personnel;

(3) Communication and cooperation with the contract administrator;

(4) Performance and workmanship;

(5) Invoicing;

(6) Administration of subconsultants; and

(7) Ability to anticipate and resolve technical or design issues.

(f) The following design service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

(1) Support for environmental processes;

(2) Conceptual alternatives;

(3) The engineering study;

(4) Support of public participation;

(5) Preliminary plans;

(6) Final plans;

(7) Bid and contracting phase; and

(8) Construction.

(g) The evaluation shall provide an opportunity for the consultant to respond or comment upon any of the areas of the evaluation.

(h) Each consultant evaluation shall be dated and signed by:

(1) The municipal project manager;

(2) The chairman of the board of selectmen or the town or city manager, as applicable;

(3) The consultant’s project manager; and

(4) The principal consultant.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 502.15 Contractor Evaluation {#sec-tra-502.15 omnilex-key=us-nh-regs-official--agency-tra--Tra 502.15}

(a) Any contractor responsible for the actual construction work of a project funded with state highway aid shall be evaluated by the entity administering the contract under which the services were provided.

(b) The following shall be submitted by the entity administering the contract:

(1) The contractor’s name;

(2) The contractor’s address;

(3) The date of the evaluation;

(4) The name of the contract administrator;

(5) The project name;

(6) The project number;

(7) A type of project, including:

a. Road;

b. Signals; or

d. Other, with an explanation;

(8) The original contract amount;

(9) Contract completion date;

(10) Project start date;

(11) Project completion date;

(12) Extension date granted, if any; and

(13) The amount the final cost was over or under the original contract amount.

(d) Construction services shall be evaluated as to whether the quality of the services was above expectations, meets expectations, or was below expectations.

(e) The following construction service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

(1) Quality of the work;

(2) Public relations;

(3) Organization and personnel;

(4) Contract compliance;

(5) Equipment used, including whether the:

a. Equipment provided was sufficient in amount to perform the work; and

b. Condition of the equipment used was sufficient to perform the work;

(6) Quality of the supervision of the work;

(7) Cooperation with the contract administrator;

(8) Payment of accounts; and

(9) Performance of subcontractors.

(f) Each construction evaluation shall be dated and signed by:

(1) The individual(s) who oversaw the construction in the field;

(2) The consultant’s project manager; and

(3) The chairman of the board of selectmen or the town or city manager, as applicable.

History

#8924, eff 6-27-07; ss by #11037, eff 2-22-16

Part Tra 503 Relocation Assistance

N.H. Code Admin. R. Ann. Tra 503.01 Adoption of Federal Relocation Requirements {#sec-tra-503.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 503.01}

Pursuant to RSA 124-A:13, all transportation relocation assistance services and benefits offered by the department shall comply with:

(a) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, codified as 42 USC sections 4601 through 4655, as amended;

(b) The accompanying regulations to the act referred to in (a) above, found at 49 CFR Part 24, with the exception that the limit of $10,000 contained in 49 CFR 24.304 is modified to $100,000 pursuant to RSA 124-A:3, I(d); and

History

#4130, eff 9-10-86, EXPIRED: 9-10-92
#6132, eff 11-28-95, EXPIRED: 11-28-03
#8820, eff 2-17-07, EXPIRED: 2-17-15
#11037, eff 2-22-16

N.H. Code Admin. R. Ann. Tra 503.02 Appeals {#sec-tra-503.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 503.02}

(a) Any person who believes that the department has failed to properly determine his or her eligibility for relocation assistance services or the amount of a relocation payment may appeal the determination to the commissioner.

(b) An appeal under (a) above shall be conducted in accordance with the procedures set forth in Tra 200.

History

#4130, eff 9-10-86, EXPIRED: 9-10-92
#6132, eff 11-28-95, EXPIRED: 11-28-03
#8820, eff 2-17-07, EXPIRED: 2-17-15
#11037, eff 2-22-16

Chapter Tra 600 Control of Outdoor Advertising

Part Tra 601 Off Premise Outdoor Advertising

N.H. Code Admin. R. Ann. Tra 601.01 Purpose {#sec-tra-601.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.01}

The purpose of this part is to implement the statutory scheme set forth in RSA 236:69- RSA 236:88-a through regulation of the erection and maintenance of outdoor advertising devices.

History

#4507, eff 10-19-88; ss by #4835, eff 6-5-90; ss by #6237, eff 4-30-96; ss by #8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.02 Scope {#sec-tra-601.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.02}

This part shall apply to all outdoor advertising devices erected, maintained, or sought to be erected along:

(a) Controlled routes; and

(b) Areas of class I, II, or III highways where the provisions of RSA 236:88-a apply.

History

#4507, eff 10-19-88; ss by #4835, eff 6-5-90; ss by #6237, eff 4-30-96; ss by #8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.03 Definitions {#sec-tra-601.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.03}

(a) “Advertising device” means “advertising device” as described in RSA 236:70, I.

(b) “Business” means any activity engaged in, whether or not for profit, by a person, sole proprietor, partnership, corporation, trust, professional association, limited liability company, limited liability partnership, or any other form of legal entity recognized by the laws of the state of New Hampshire.

(c) “Business center” means a property, regardless of how owned, upon which 2 or more unrelated businesses are conducted in spaces that are physically separated, and recognized by the municipality as separate entities. The term includes properties generally described as a “mall”, “retail center”, “office center”, “professional center”, or “strip mall”.

(d) “Commercial or industrial activities” means “commercial or industrial activities” as defined in RSA 236:70,VI.

(e) “Controlled route” means any highway that is a part of the turnpike system, interstate system, or federal aid primary system.

(f) “Destroyed sign” means a sign no longer in existence due to factors other than vandalism, or other criminal or wrongful acts.

(g) “Dilapidated sign” means a sign which is shabby, neglected, in disrepair, or which fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include, but are not limited to, structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, intended messages have deteriorated to the point where they cannot be interpreted by the motoring public, or a sign which is blocked by vegetation outside the highway right of way.

(h) “Directional or informational sign” means “directional and informational signs” as defined in RSA 236:70, III.

(i) “Erect” means “erect” as defined by RSA 236:70, IX.

(j) “Face” means that portion of the sign structure available for advertising, and visible from a single direction of travel.

(k) “Farm sign” means “farm sign” as defined in RSA 236:70, XIX.

(l) “Federal aid primary system” means “federal aid primary system” as defined in RSA 236:70, V.

(m) “Federal aid secondary system” means “federal aid secondary system” as defined in RSA 236:70, XVI.

(n) “Federal highway adjacent area” means “federal highway adjacent area” as defined in RSA 236:70, XI.

(o) “Illegal sign” means an advertising device that is erected or maintained, or both, in violation of state law.

(p) “Legible” means capable of being read without visual aid by a person of normal visual acuity.

(q) “Maintain” means “maintain” as defined in RSA 236:70, X.

(r) “Main traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, each direction has its own main traveled way.

(s) “Non-conforming sign” means “nonconforming sign” as defined in RSA 236:70, XVIII.

(t) “On premise sign” means “on premise signs” as defined in RSA 236:70, II.

(u) “Panel” means one face of a sign structure.

(v) “Property” as used in RSA 236:70, II means land commonly owned, or maintained pursuant to a written maintenance agreement, by owners, tenants, or occupants of contiguous parcels, as part of a single development with a common land use and marketed under a single identity. For purposes of this part, “contiguous parcels” mean parcels that share common boundaries forming an unbroken sequence not separated by local or state maintained roadways.

(w) “Structure” means the group of components erected or used in connection with the display of an advertising device, and includes, but is not limited to, the sign face, base or apron, lighting, supports, and all attachments used in conjunction therewith.

(x) “Traffic control sign, signal, or device” means any sign, signal, or device described in the “Manual of Uniform Traffic Control Devices,” as amended, made applicable to the states pursuant to 23 U.S.C. Sections 109(d) and 402 (a), and regulations adopted at 23 CFR Part 655, and expressly adopted by the department for the regulation of traffic activity in New Hampshire pursuant to RSA 236:1.

(y) “Turnpike adjacent area” means “turnpike adjacent area” as defined in RSA 236:70, XIV.

(z) “Unzoned commercial or industrial area” means “unzoned commercial or industrial area” as defined in RSA 236:70, VIII.

(aa) “Variable clear zone distance” means the distance in feet or meters within the state transportation right of way from the edge of the driving lane of a public way that is suggested to remain free of fixed objects that could serve to prevent the operator of a motor vehicle from acting to return the vehicle to safe operation on the way after unintentionally running off the driving lane. The distance will vary based upon the design speed of the way, the design average daily traffic volume, the geometry of the roadside, site specific physical conditions, crash history at the location, and the judgment of the professional highway designer.

(ab) “Visible” means capable of being seen without visual aid by a person of normal visual acuity whether or not legible.

(ac) “Zoned commercial or industrial area” means “zoned commercial or industrial area” as defined in RSA 236:70, VII.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.04 Restrictions on Outdoor Advertising Devices. {#sec-tra-601.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.04}

(a) Pursuant to RSA 236:72, no advertising device other than on-premise signs, directional signs, informational signs, or political signs, as described in RSA 236:73, III, IV, and V shall be erected or maintained in a federal highway or turnpike adjacent area without a permit issued by the commissioner of transportation.

(b) Pursuant to RSA 236:88 and RSA 236:88-a, no advertising device shall be placed in the right of way of a class I, II, or III highway without a permit issued by the commissioner of transportation.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.05 Outdoor Advertising Devices That May be Maintained Without a Permit or License. {#sec-tra-601.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.05}

An outdoor advertising device may be erected and maintained on property without a permit or license if:

(a) The device is an on-premise device erected and maintained in accordance with Tra 601.06 and RSA 236:73, III;

(b) The device is a directional or informational sign erected and maintained in accordance with department policy; or

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.06 On-Premise {#sec-tra-601.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.06}

Outdoor Advertising Devices.

(a) To be classified as an on-premise advertising device, the device shall be:

(1) Owned by the owner, co-owner, lessee, or tenant of the real property on which the device is erected or maintained; and

(2) Used solely for the communication of information permitted by RSA 236:70, II and RSA 236:73, III.

(b) The following devices shall not qualify as an on-premise advertising device:

(1) A device sought to be erected pursuant to RSA 236:88-a on land owned or used by the state of New Hampshire for transportation purposes;

(2) A device on property taxed by municipal officials to an entity other than the advertised entity, unless the advertised entity occupies the property as a co-owner, or under a written lease or tenancy agreement;

(3) A device on property that cannot be put to any reasonable use related to the advertised activity other than the erection of signage, including but not limited to a device placed at the end of a narrow strip of property, or land normally inaccessible due to topographical characteristics;

(4) A device on land when the only legal basis for use of the land by the owner of the device is an easement;

(5) A device located on land so burdened by an easement appurtenant to another property or in gross to another person that it cannot be put to any reasonable use related to the advertised activity other than the erection of signage;

(6) A device on land owned by the advertised entity, but used or devoted to a purpose unrelated to, or not accessory to, the advertised entity;

(7) A device advertising products, services, or activities not produced, available, conducted, or performed on the land where the device is located;

(8) A device consisting primarily of brand name or trade name advertising, if:

a. The owner of the land receives compensation or rental income for its existence; or

b. The product or service advertised is only incidental to the principal activity conducted on the land;

(9) A device advertising directions to, or the sale or lease of, the land upon which it is placed, but which also advertises any product, service, or business activity unrelated to the sale or lease of the land on which the device is located;

(10) A device which advertises the sale or lease of the land upon which it is placed, but which also identifies a corporation or business activity as the property owner more conspicuously than the for sale or lease message;

(11) A device located more than 50 feet from the advertised activity, measured as follows:

a. For a business, commercial or industrial use, from the regularly used buildings, parking lots, storage or processing areas, or other structures essential to the conduct of the business;

b. For noncommercial use, from the major structures on the property; and

c. For all uses, no measurement shall be made from a driveway, fence, or other facility used for the purpose of access, landscape improvement, or to delineate a boundary;

(12) A device that can only be installed or maintained from a point on land owned by another or by the state; and

(13) A device located on land owned by the advertised activity, but physically separated from the activity by a publicly accessible way.

(c) If the owner, lessee, or occupant of the parcel of land ceases to conduct the activity advertised on the device, the structure or device shall thereafter be treated as a new off premise advertising device unless the advertising copy is changed to a use permitted by RSA 236:73, III, IV, or V within a reasonable time, not to exceed 90 days.

(d) A device within a business center shall continue to be classed as on-premise regardless of any of the following occurrences:

(1) The creation or construction of a publicly accessible common parking area, driveway, public or private street, overpass, divider, connector, or easement intended for ingress or egress, regardless of where or when created or constructed;

(2) The sale, transfer, or conveyance of an individual lot, parcel, or parcels less than the whole, within the development project; or

(3) The sale, transfer, conveyance, or change of name or identification of a business within the business center.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.07 Off Premise Advertising Device Permit {#sec-tra-601.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.07}

(a) The owner of an off premise advertising device shall acquire a permit from the bureau of traffic for each such device.

(b) An applicant shall complete and file DOT form No. HASP 904, entitled “Application for Permit to Locate Outdoor Advertising Sign”, as amended February 27, 2026.

(c) The applicant shall provide a signed statement completed by an authorized municipal official, with the official’s title:

(1) Verifying the claimed local zoning classification; and

(2) Noting any additional conditions placed upon the location by the municipal zoning ordinance or decision of a local land use board.

(d) Unless located in the state’s right of way area, the applicant shall provide a signed statement of the landowner of the property upon which the device is or will be located indicating consent for placement of the device.

(e) The applicant shall submit the fee required by RSA 236:72.

(f) Upon receipt of a completed application form and the required fee, the application shall be reviewed in the following manner:

(1) The bureau of traffic shall review the application for completeness and conformance to Tra 601.11 through Tra 601.13 and RSA 236:69 to 236:88-a; and

(2) If it appears to the bureau of traffic that the proposed sign location could be within the state right of way, the application shall be forwarded to the bureau of right of way and the bureau of highway design in order to:

a. Determine if the proposed sign location is within the state owned or maintained right of way, and

b. Determine if the proposed sign location:

Presents potential dangers to the traveling public; and
Whether the location can be made safe, or must be denied in accordance with Tra 601.13.

(g) At the conclusion of the review process described in (f) above, either:

(1) A permit allowing the applicant to erect a new device as proposed on the application shall be issued;

(2) A permit for an existing device as presently erected in the field shall be issued; or

(3) The application shall be denied, and a written notice provided to explain why the application could not be approved, and how the applicant may request a hearing to review the decision.

(h) Each permit shall expire on April 1 following the date of issue.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.08 Off Premise Advertising Device Permit Renewal. {#sec-tra-601.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.08}

(a) The owner of a permitted outdoor advertising device shall:

(1) Inform the bureau of traffic of changes in name or address of any owner of the device;

(2) Inform the bureau of traffic of changes in name or address of the landowner of the land on which the device is placed; and

(3) Seek annual renewal of the permit by filing an application therefor and paying the required fee.

(b) The bureau of traffic shall furnish Form HASP 904R, entitled, “Application for Renewal of Permit to Maintain Outdoor Advertising Sign”, as amended February 27, 2026, by mail to the last known address of each permit holder by February 15 of each year.

(c) The applicant shall complete and file Form HASP 904R with the bureau of traffic, together with the fee required by RSA 236:71, by March 15 of each year.

(e) Upon receipt of the completed application for renewal and the required fee, the application shall be reviewed, and a permit issued unless information contained on the application, or obtained from a field review of the device, indicates that the device does not comply with Tra 601.11 through Tra 601.13.

(f) If an application for renewal of an annual permit is denied, a written notice shall be provided explaining why the application could not be approved, and how the applicant may request a hearing to review the decision.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.09 Off Premise Advertising Device License. {#sec-tra-601.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.09}

(a) Pursuant to RSA 236:71, owners of 11 or more off premise advertising devices shall acquire an outdoor advertising license in addition to a permit for each such device and shall pay the fee prescribed therein.

(b) The bureau of traffic shall furnish Form HASL 903, entitled, “Application for Off Premise Advertising Device License”, as amended February 27, 2026, by mail to the last known address of each license holder by February 15 of each year.

(c) The applicant shall complete and file Form HASL 903 with the bureau of traffic, together with the fee required by RSA 236:71, by March 15 of each year.

(e) Upon receipt of a completed application for license and the required fee, the application shall be reviewed to confirm that each off premise outdoor advertising device listed on the license application has been issued an outdoor advertising permit, and either:

(1) A license shall be issued; or

(2) The application shall be denied, and a written notice provided to explain why the application could not be approved, and how the applicant may request a hearing to review the decision.

(f) Each license shall expire on April 1 following the date of issue.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.10 Off Premise Advertising Device License Renewal. {#sec-tra-601.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.10}

(a) The holder of an outdoor advertising license shall:

(1) Inform the bureau of traffic of changes in name or address of the owner of any device covered by the license;

(2) Inform the bureau of traffic of changes in name or address of the landowner of the land on which the device is placed, if different than the license holder;

(3) Inform the bureau of traffic of changes in advertising copy placed upon any device covered by the license; and

(4) Seek annual renewal of the license by filing a Form HARL 908R and paying the required fee.

(b) The bureau of traffic shall furnish Form HARL 908R, entitled, “Application for Renewal of Off Premise Advertising Device License”, as amended February 27, 2026, by mail to the last known address of each license holder by February 15 of each year.

(c) The applicant shall complete and file Form HARL 908R with the bureau of traffic, together with the fee required by RSA 236:71, by March 15 of each year.

(e) Upon receipt of the completed application for renewal and the required fee, the application shall be reviewed, and a license issued unless information contained on the application, or obtained from a field review of the licensed devices, indicates that any covered device does not comply with Tra 601.11 through Tra 601.13.

(f) If an application for renewal of a license is denied, a written notice shall be provided explaining why the application could not be approved, and how the applicant may request a hearing to review the decision.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.11 Non-Conforming Advertising Devices. {#sec-tra-601.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.11}

(a) Non-conforming outdoor advertising devices lawfully erected shall be granted a permit or renewal permit unless:

(1) Ordered removed pursuant to RSA 236:77 and Tra 601.15;

(2) Substantially changed in a manner prohibited by this part;

(3) The non-conforming use has been abandoned for a period in excess of one year; or

(4) The non-conforming device is destroyed by any means other than vandalism.

(b) Non-conforming devices may be maintained at any time by:

(1) Repainting or repair of the structure, trim, apron, base, or sign face;

(2) Change of advertising copy;

(3) Replacement of damaged or deteriorated electrical or other components with like materials;

(4) Alterations which result in a net decrease in the dimensions or square footage of the structure, or the advertising sign face; or

(5) Permanent removal of electrical components, border, trim, or apron.

(c) A non-conforming device that has been substantially changed shall be deemed to have abandoned its non-conforming use, and shall not be granted a permit or renewal permit.

(d) For purposes of (c) above, “substantial change” means the following types of alterations:

(1) Enlargement of the dimensions of any structural component;

(2) Enlargement of the dimensions or square footage of the face;

(3) Increase in the overall height of the structure, or the face;

(4) Addition of electrical components, borders, aprons, or trim;

(5) Replacement of damaged or deteriorated parts with other than like kind materials;

(6) Re-enlargement or reinstallation of any feature once removed from a non-conforming sign and not replaced within a reasonable time, not to exceed 90 days;

(7) Modification that changes the type of structure of a device, such as conversion of a wooden sign structure to a metal structure; or

(8) Any other modification that serves to change the location, dimensions, illumination, or base materials of the device.

(e) A non-conforming device shall be deemed to have abandoned its use if for a period in excess of one year:

(1) An annual outdoor advertising permit is allowed to expire, and is not renewed;

(2) The advertising matter on the device relates to a business that has ceased operations;

(3) The device displays no advertising matter;

(4) The device displays only a message that the device is available for sale, for rent, or for lease; or

(5) The advertising matter on the device has been partially obliterated by the owner so as not to identify a particular product, service, or facility.

(f) A non-conforming device shall not be removed and re-erected at the same location.

(g) A non-conforming device shall not be relocated, except to a conforming location.

(h) A non-conforming device that is destroyed shall not be re-erected. “Destroyed” means that 50 per cent or more of the device structure or advertising face is damaged or deteriorated to the point that standard practice in the industry would require replacement of such structural elements or advertising face materials.

(i) A non-conforming device deemed destroyed, abandoned, or discontinued shall not lose eligibility for a permit if the commissioner finds that:

(1) The device was destroyed as a result of vandalism or other criminal or wrongful act; or

(2) Abandonment or discontinuance of the device was the result of a closure of the highway in front of the sign for repair.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.12 Criteria for All Off Premise Advertising Devices. {#sec-tra-601.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.12}

(a) No off premise advertising device shall be granted a permit or renewal if it displays any of the following content:

(1) Text or images that resemble or imitate an official traffic control sign, signal, or device;

(2) Text or images that attempt or appear to attempt to direct the movement of traffic;

(3) Two off premise advertising devices upon a single facing, if the area of advertising copy for either of the devices exceeds 350 square feet; or

(4) More than 2 off premise advertising devices upon a single facing, regardless of the area of advertising copy for any device.

(b) No off premise advertising device shall be granted a permit if any of the following hazardous conditions are present:

(1) The advertising device or its support structure presents a substantial risk of collapse, detachment, fire, or electric shock within the permit period due to:

a. Design, materials, fabrication, or installation that are inadequate to withstand the effects of the elements;

b. Deterioration or decay from exposure to the elements over time; or

c. Damage from accident, vandalism, or acts of nature; or

(2) The device includes or is illuminated in any manner by lights that are:

a. Flashing, intermittent, or moving;

b. Not effectively shielded to prevent beams or rays of light from being directed at any portion of the main traveled way of one or more controlled routes;

c. Of sufficient intensity or brilliance to cause glare, impairment of vision, or distraction of a driver of a motor vehicle; or

d. Other than white in color.

(1) Structural height of 50 feet, measured from the highest point of the advertising structure perpendicularly to the surface of the ground or bottom of the sign base, which ever is greater;

(2) Combined advertising area in one facing of 750 square feet;

(3) Height of an advertising face of 20 feet; or

(4) Length of an advertising face of 50 feet.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.13 Criteria for Location of Off Premise Advertising Devices. {#sec-tra-601.13 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.13}

(a) No off premise advertising device shall be granted a permit or renewal in a location that has been designated a scenic and cultural byway pursuant to RSA 238:19-24 unless:

(1) The proposed point of installation is on a section removed from such designation pursuant to RSA 238:24, I; or

(2) The device was erected prior to the date such location was so designated and the device remains a legally erected conforming device under this part.

(b) No off premise advertising device shall be granted a permit unless it can be installed in accordance with the following minimum spacing criteria:

(1) If the new sign location is adjacent to any one side of a non-limited access federal aid primary highway in municipalities of 4,000 or more in population:

a. Not less than 100 feet, measured along the traveled way from the nearest point of another lawfully permitted off premise advertising device, if located in an area between 2 intersecting streets, not including alleys, undeveloped rights-of-way, private ways, or driveways, less than 1,000 feet apart, up to a maximum of 3 off premise advertising devices between such intersecting roadways; or

b. Not less than 300 feet, measured along the traveled way from the nearest point of another lawfully permitted off premise advertising device if located in an area between 2 intersecting streets, not including alleys, undeveloped rights-of-way, private ways, or driveways, 1,000 feet or more apart;

(2) Not less than 300 feet, measured along the traveled way from the nearest point of another lawfully permitted outdoor advertising device if located on either side of a non-limited access federal aid primary highway in municipalities of less than 4,000 in population;

(3) Any 2 farm signs adjacent to both sides of a federal aid primary highway shall not be less than 1,000 feet apart; and

(4) Farm signs shall not be located farther than 10 miles from the property where the activity advertised is located.

(c) No off premise advertising device shall be granted a permit if the device is attached, erected, or maintained in any of the following locations:

(1) A point which would permit all or any portion of the device to encroach or overhang any portion of a state highway or state roadway right-of-way, contrary to RSA 236:15, except as provided in this part;

(2) Upon a utility pole or tree or any other object of nature, contrary to RSA 236:75;

(3) A point adjacent to an interstate, turnpike, or limited access federal aid primary highway which measures less than 500 feet from another legally erected off premise device, an interchange, or safety rest area, unless the devices are separated by a building or other obstruction so that only one device is visible from the main traveled way at any one time;

(4) A point where the device obscures or otherwise physically interferes with an official traffic control sign, signal, or device; or

(5) A point where the device obstructs or physically interferes with a driver’s view of approaching, merging, or intersecting traffic.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36

N.H. Code Admin. R. Ann. Tra 601.14 Effective Control of Outdoor Advertising. {#sec-tra-601.14 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.14}

(a) A person seeking to erect or maintain an outdoor advertising device without an outdoor advertising permit or license shall have the burden to show by a preponderance of the evidence that the device meets the criteria noted in Tra 601.05.

(b) The department shall conduct random field reviews to inventory and collect information regarding all outdoor advertising devices located along controlled routes, including whether or not such devices have been granted permits pursuant to this part.

(c) The bureau of traffic shall, pursuant to RSA 236:78, I, provide a written notice to the device owner, permittee, or licensee of any action required to bring the device into compliance with the requirements of statute or this part.

(d) If the owner, permittee, or licensee of the device has not, within 30 days of receipt of the written notice, taken steps required to bring the device into full compliance, the bureau of traffic shall notify such person in writing that any pending application for a permit or license is denied, or declare the device to be a nuisance.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36 (formerly Tra 601.16)

N.H. Code Admin. R. Ann. Tra 601.15 Hearings and Orders for Removal. {#sec-tra-601.15 omnilex-key=us-nh-regs-official--agency-tra--Tra 601.15}

(a) An applicant for a permit, license, or renewal thereof may appeal the following determinations of the bureau of traffic to the commissioner by filing a request for hearing pursuant to RSA 541-A and Tra 202:

(1) Denial of a request for a permit, or renewal thereof;

(2) Denial of a request for a license, or renewal thereof;

(3) Revocation of a permit for cause;

(4) Revocation of a license for cause; or

(5) Determination that a device is a nuisance.

(b) A device owner may appeal a determination of the bureau of traffic that a device does not qualify as an on-premise advertising device.

(c) The bureau of traffic shall request a hearing and seek an order of removal of any existing outdoor advertising device that constitutes a nuisance, as defined in RSA 236:78, II.

(d) A request for hearing shall be sent to:

Office of the Commissioner

New Hampshire Department of Transportation

P.O. Box 483

Concord, NH 03302-0483

(e) A request for hearing shall be in writing and made within 30 days from the date of receipt of the written decision issued by the bureau of traffic to the applicant.

(f) The department shall, through the department of justice, seek an immediate order of removal from a court of competent jurisdiction in the event that an outdoor advertising device is or becomes an immediate threat to public safety.

(g) Hearings shall be conducted in accordance with RSA 541-A, and the Tra 200 procedural rules of the department.

(h) Any party aggrieved by a decision rendered following a hearing held hereunder shall have the right to a rehearing before the transportation appeals board pursuant to RSA 21-L:15.

History

#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
#14521, eff 2-27-26, EXPIRES 2-27-36 (formerly Tra 601.17)

Part Tra 602 Business Directional Signs

N.H. Code Admin. R. Ann. Tra 602.01 Control of Outdoor Advertising {#sec-tra-602.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 602.01}

602.16

History

#4507, eff 10-19-88; ss by #4835, eff 6-5-90; ss by #6237, eff 4-30-96, EXPIRED: 4-30-04

Chapter Tra 700 E-ZPass ELECTRONIC AND OTHER TOLL PAYMENTS

Part Tra 701 E-ZPass AND OTHER UNPAID TRANSACTIONS

N.H. Code Admin. R. Ann. Tra 701.01 Purpose and Scope {#sec-tra-701.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 701.01}

(a) The purpose of this part is to set forth the duties and responsibilities of E-ZPass account holders, users of the turnpikes system, the department, and the department's customer service vendor with respect to electronic and other toll payments and consequences for non-payment.

(b) This part shall apply to all toll payments and violations.

(c) All information received or collected by the department in the course of administering the E-ZPass electronic toll collection system shall be used only for the purposes set forth in RSA 237:16-e.

History

#8422, eff 8-23-05, EXPIRED: 8-23-13
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

N.H. Code Admin. R. Ann. Tra 701.02 Definitions {#sec-tra-701.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 701.02}

(a) “Account holder” means a person or corporation who has established an account with the vendor for one or more vehicles to be recognized as participating in E-ZPass.

(b) “Administrative fee” means a financial penalty imposed by the department pursuant to RSA 236:31, IV (d).

(d) “Department” means the department of transportation.

(e) “Division” means the division of motor vehicles, department of safety.

(f) “E-ZPass” means the electronic toll collection system as defined pursuant to RSA 236:31, I(c).

(g) “Order of suspension” means that the division has suspended the motor vehicle registration privileges upon a finding that the vehicle owner is liable for tolls and fees due for violations.

(h) “Patron fare indicator” means a device attached to each island traffic light to display a range of messages related to tolls or the E-ZPass account.

(i) “Restoration fee” means the cost for reinstatement of motor vehicle registration privileges imposed by the division pursuant to RSA 263:56-f, V.

(j) “Vehicle classification” means the toll category, based upon the type of vehicle, number of axles, dual tires, or both, used to determine the toll due.

(k) “Vendor” means the department’s designee contractually obligated to operate the customer service center.

(l) “Violation” means “violation” as defined in RSA 236:31, I(h), namely “to fail, neglect, or refuse to pay the toll or charge for the use of the bridge, highway, or part thereof, by a motor vehicle.”

(m) “Unpaid transaction” means that a motor vehicle entered a toll lane and payment was not made.

(n) “Inadvertent violation” means a motor vehicle entered a toll lane in error.

(o) “Toll lane” means “toll lane” as defined in RSA 236:31, I(j). The term includes “open road tolling (ORT)”, “all electronic tolling (AET)”, “E-ZPass”. and “Cash/E-ZPass” lanes.

(p) “Processing fees” are the fees associated with the department’s means to cover the cost for processing the unpaid transaction.

History

#8422, eff 8-23-05, EXPIRED: 8-23-13
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

N.H. Code Admin. R. Ann. Tra 701.03 Detection of Violation {#sec-tra-701.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 701.03}

(a) The department shall install and operate the following equipment in each lane designated for electronic toll payment within the toll plaza:

(1) An antenna to read the transponder of the vehicle passing through the lane to obtain account information;

(2) An optical vehicle scanner in combination with a treadle to verify the vehicle classification of the vehicle passing through the lane;

(3) A treadle used to determine the total number of axles on the vehicle passing through the lane;

(4) A camera at the entrance of the lane and another at the exit of the lane positioned to capture images of the vehicle’s front and or rear license plates when a potential unpaid transaction has been detected; and

(5) An island traffic light and a patron fare indicator that displays the following:

a. “Go E-ZPass” for a completed transaction;

b. “Low Bal Check Account” when account is below the minimum replenishment threshold;

c. “Unpaid Call E-ZPass” if the transaction is not completed;

d. “Neg Bal Call E-ZPass” if the account is negative; or

e. “Fare Due” and then “Bill by Mail” for a no fund transaction.

(b) The department shall install and operate the following equipment in each lane designated for electronic toll payment within the open road tolling lanes (ORT) or all electronic tolling (AET) plazas:

(1) A series of loops which will detect the vehicle entering and exiting the toll zone, count the number of axles on the vehicle, determine the vehicle’s classification, and trigger or notify the antenna, camera, and scanner equipment;

(2) An antenna to read the transponder of the vehicle passing through the lane to obtain account information;

(3) An optical vehicle scanner in combination with the loops or treadles to identify the classification of the vehicle passing through the lane; and

(4) A camera at the entrance of the ORT/AET zone and another at the exit of the ORT/AET zone positioned to capture images of the vehicle’s front and rear license plates when a potential unpaid transaction or a class mismatch transaction has been detected. A class mismatch occurs when a vehicle’s transponder does not match the automatic vehicle classification system (AVC), for example when a customer pulling a trailer with a transponder for a 2 axle vehicle but classification reflects a 3 axle vehicle.

(c) The information obtained pursuant to (a) and (b), above, shall be used to determine the toll amount to be paid for the vehicle passing through the toll zone or plaza. If there are sufficient funds in the account-holder’s account to pay the amount due, such amount shall be deducted from the account and the transaction completed.

(d) A potential unpaid transaction shall be deemed to have occurred if:

(1) The vehicle has no transponder or if no transponder was detected; or

(2) The vehicle has an invalid transponder, that is insufficient funds in the account holder’s account, or a lost or stolen transponder that has been reported as such.

(e) In a standard dedicated E-ZPass only lane, ORT, and AET lanes, cameras shall capture images of the front and rear license plates of all vehicles passing through the toll lanes or zone. Images shall only be retained for unpaid transactions in (d)(1) or (2) above and class mismatches.

(f) Images captured for toll collection or enforcement purposes will only be saved for unpaid transactions in (d)(1) or (2) above or class mismatches. Images shall be deleted, within 3 seconds, when a full cash payment is made at the toll booth for the correct classification. Images shall also be deleted when a valid transponder is recognized with the correct classification at the toll booth.

(g) The cameras shall be positioned so as to attempt to not capture the image of the face of any operator or passenger in the motor vehicle unless, pursuant to RSA 236:31, V, “the production of such image is unavoidable because the operator or passenger is not in a passenger compartment, as on a motorcycle.” Such images shall be stored in computers maintained by the department or vendor. Such images shall be stored by the department or vendor for a maximum of 30 days in toll lanes.

(h) In a toll plaza with Cash/E-ZPass and dedicated E-ZPass lanes, subsequent to detection of a potential unpaid transaction, the department shall provide to the driver of the vehicle the following visual and auditory signals if no transponder is detected or if an invalid, lost, or stolen transponder is detected:

(1) The island traffic light shall turn green;

(2) A red beacon mounted on top of the island traffic light shall flash;

(3) An alarm shall sound; and

(4) An “UNPAID CALL E-ZPASS” or “NEG BAL CALL E-ZPASS” message will be displayed on the patron fare indicator.

History

#8422, eff 8-23-05, EXPIRED: 8-23-13
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

N.H. Code Admin. R. Ann. Tra 701.04 Vendor Responsibilities {#sec-tra-701.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 701.04}

(a) On at least a daily basis, the vendor shall retrieve the captured potential unpaid transaction images from the computers maintained by the department or vendor pursuant to Tra 701.03(e) and (f).

(b) The vendor shall use the captured images of the vehicle to determine the license plate number of the vehicle. Once the vendor has determined the license plate number, the vendor shall match it against each database of account holders to which it has access. If a positive match is made to an account and the account holder has sufficient funds in the account to pay, the full amount of the toll with applicable discount shall be deducted from the account-holder's prepaid toll balance and the transaction shall be completed. If a positive match is not made, the vendor shall send the New Hampshire license plate number to the division, or to the appropriate state’s analogous motor vehicle agency, to obtain the name and address data of the registered owner of the vehicle.

(c) Upon receipt by the vendor of the data provided by the division or the appropriate state’s analogous motor vehicle agency, if there are insufficient funds in the account-holder’s prepaid toll balance, or the registered vehicle’s owner is not an account holder, the vendor shall prepare a payment request that shall be sent to the vehicle owner or account holder within 60 days of the date of the unpaid transaction. Each payment request shall be in 2 sections, that is, a payment section and a dispute section.

(d) The payment section of each payment request prepared pursuant to (c) above shall include:

(1) The following information regarding the unpaid transaction:

a. The notice number assigned to the unpaid transaction by the E-ZPass system;

b. The transponder number or the license plate number and plate type, when appropriate, of the vehicle;

c. The name of the toll plaza;

d. The toll lane number;

e. The date;

f. The unpaid toll due; and

g. One image of the license plate that incurred the unpaid transactions, which shall be included only with the first payment request;

(2) A request for payment of the toll due and a processing fee or administrative fee for each unpaid transaction or violation; and

(3) Instructions as to how payment may be made, which shall be by:

a. A check or money order:

Payable to E-ZPass;
With the notice number(s) written on the payment; or

b. Authorization of payment by credit card if the department and vendor determined that such payments can be made securely through the mail.

(e) The dispute section of each payment request prepared pursuant to (c) above shall include:

(1) A statement advising that the account holder or registered vehicle owner will not be required to pay the outstanding toll amount and processing fee or administrative fee if the account holder or registered vehicle owner provides to the vendor the information and documentation required pursuant to RSA 236:31, III(a) or (b) regarding a stolen vehicle or lease or rental vehicle;

(2) A designated space for the account holder or registered vehicle owner to explain and certify the circumstances surrounding an inadvertent violation;

(3) A statement that the processing fee or administrative fee shall not accompany payment of the toll amount owed if the registered vehicle owner claims an inadvertent violation and pays the outstanding toll amount;

(4) An option for the New Hampshire account holder to authorize payment of the toll and the processing fee or administrative fee by including the account holder’s:

a. Name;

b. NH E-ZPass account number only; and

c. Transponder number; and

(5) A place for the account holder or registered vehicle owner to certify the truthfulness of facts and information they provided on the form to dispute the unpaid transaction or toll violation by providing the following:

a. The account holder’s or registered vehicle owner’s name and complete mailing address;

b. The account holder’s or registered vehicle owner’s daytime and evening phone numbers;

c. The account holder’s or registered vehicle owner’s signature;

d. The date the dispute form was signed by the account holder or registered vehicle owner; and

e. The date and time.

(f) Failure either to pay the outstanding toll amount and a processing fee not to exceed $2.00 for each unpaid transaction within 30 days from the date of the payment request or provide the documentation required pursuant to (e)(1) above shall result in the department issuing a second payment request for payment of the toll and a processing fee not to exceed $5.00 per unpaid transaction.

(g) Failure either to pay the second payment request within 30 days from the date on the payment request or provide the documentation required pursuant to (e)(1) above shall result in the department issuing a notice of toll violation requesting payment of the toll and an administrative fee not to exceed $25.00 per unpaid transaction.

(h) If the account holder or registered vehicle owner pays the outstanding toll amount and the processing fee or administrative fee before the 31st, 61st or 91st day following the unpaid transaction, the transaction shall be completed and no further action shall be taken.

(i) Failure to pay the violations within 30 days from the date of the notices of violation or provide the documentation required pursuant to (e)(1) above, shall result in the following:

(1) The information for each account holder or registered plate owner shall be sent to the division based upon a uniformly set number of violations, as determined by the commissioner in consideration of the department’s and the division’s financial and staffing efficiencies; and

(2) The vendor with prior approval of the department shall request suspension of registration privileges for the registered plate owner by the division pursuant to RSA 263:56-f for vehicles registered in New Hampshire; or

(3) If the plate is registered in another jurisdiction which participates in reciprocal toll enforcement with New Hampshire, the department, or its vendor with the department’s approval, will request that the analogous motor vehicle department take action pursuant to that jurisdiction’s laws.

History

#8422, eff 8-23-05, EXPIRED: 8-23-13
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

Part Tra 702 E-ZPass RESPONSIBILITY OF ACCOUNT HOLDER, REGISTERED VEHICLE OWNER, AND DEPARTMENT

N.H. Code Admin. R. Ann. Tra 702.01 Account Holder and Registered Vehicle Owner Responsibilities {#sec-tra-702.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 702.01}

(a) The account holder shall affix the transponder to the vehicle according to the instructions described in the account contract terms and conditions as follows:

(1) The account holder shall sit inside the vehicle facing forward;

(2) The account holder shall select a location behind and to the right of the rearview mirror and one inch below the window frame; and

(3) With the E-ZPass logo facing the account holder, right side up, affix the transponder to the selected spot on the inside of the windshield with adhesive strips supplied with the transponder.

(b) A transponder may be used in multiple vehicles of the same vehicle type and classification, that is, 2-axle single rear tire cars or trucks.

(c) To keep a positive account balance, the account holder shall maintain at least the minimum funding levels as established in the account contract terms and conditions, and the account holder shall replenish the account at the minimum following levels:

(1) For a passenger car, $30.00 for 1 to 4 transponders; and

(2) For a commercial vehicle, $40.00 for each transponder ordered.

(d) The account holder shall notify the vendor of all changes in information provided on the application for the account, including:

(1) License plate numbers and plate types;

(2) The make, model, and year of each vehicle covered under the account;

(3) Method or source of payment;

(4) Changes in vehicle class; and

(5) Name and address.

(e) The account holder or registered vehicle owner shall respond to an invoice or notice of toll violation by:

(1) Paying the outstanding toll amount and the processing fee or administrative fee or authorizing charges to the account holder’s NH E-ZPass account;

(2) Not paying the outstanding toll amount and the processing fee or administrative fee and providing the documentation required pursuant to Tra 701.04(e)(1) to the vendor; or

(3) Paying the outstanding toll amount but not paying the processing fee or administrative fee and explaining and certifying the circumstances surrounding an inadvertent violation.

(f) The account holder or registered vehicle owner may request a review by the department of the vendor’s determination regarding payment of processing fees or administrative fees and tolls by making the request to the department at the following address:

NHDOT Bureau of Turnpikes

NHDOT E-ZPass Program Manager

P.O. Box 2950

Concord NH 03302-2950

(g) The account holder or registered vehicle owner shall certify the truthfulness of facts and information the account holder has provided on the form to dispute the toll violation by providing the following:

(1) The account holder’s or registered vehicle owner’s name and complete mailing address;

(2) The account holder’s or registered vehicle owner’s daytime and evening phone numbers;

(3) The account holder’s or registered vehicle owner’s signature; and

(4) The date the dispute form was signed by the account holder or registered vehicle owner.

(h) The account holder or registered vehicle owner shall pay all outstanding toll amounts and processing fees or administrative fees determined by the department to be owed by the account holder or registered vehicle owner.

(i) The account holder or registered vehicle owner shall make payment of outstanding tolls and processing fees or administrative fees to the vendor at all times.

(j) Pursuant to RSA 263:56-f, the registered vehicle owner may request an administrative hearing with the division of motor vehicles under the department of safety within 30 days of notice of suspension of registration if the registered vehicle owner asserts the following:

(1) The tolls and fees were paid to the department of transportation;

(2) The registered owner of the violating plate was misidentified; or

(3) The violating plate or vehicle was reported stolen to law enforcement in a timely manner.

(k) The account holder or registered vehicle owner shall agree that use of the system shall result in the release of division of motor vehicle information, including vehicle owner’s name, address, and plate information to the state of New Hampshire, or other states and their agents for toll collection or toll enforcement purposes only.

(l) The account holder and or registered vehicle owner shall agree that use of the E-ZPass system in other jurisdictions may subject the owners of registered vehicles to consequences in the other jurisdictions for non-payment.

History

#8422, eff 8-23-05, EXPIRED: 8-23-14
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

N.H. Code Admin. R. Ann. Tra 702.02 Department Responsibilities {#sec-tra-702.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 702.02}

(a) The department shall maintain computer images of all front and rear vehicle license plates of potential unpaid transactions for access by the vendor as provided for in Tra 701.03(e) and (f).

(b) Pursuant to RSA 263:56-f, V, the department shall provide notice to the division when all tolls and fees have been paid.

History

#8422, eff 8-23-05, EXPIRED: 8-23-13
#10634, eff 7-2-14; ss by #14009, eff 7-3-24

Part Tra 703 Suspension and Denial of E-Zpass Account Privileges

N.H. Code Admin. R. Ann. Tra 703.01 Suspension of Account Privileges {#sec-tra-703.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 703.01}

(a) An account holder’s E-ZPass account privileges shall be suspended by the department if the department determines that the account holder or registered vehicle owner has abused the E-ZPass system, as follows:

(1) Failure to abide by these rules as provided in Tra 702.01, including but not limited to:

a. Failure to maintain a positive account balance;

b. Failure to fund the account;

c. Failure to update account information; or

d. Failure to clear violations in the allotted 90 days;

(2) Attempts to avoid paying outstanding tolls or fees due for violations;

(3) Opening another account in the same name or another name to continue using the system while refusing to pay outstanding tolls or fees due for violations;

(4) Transferring plates in an attempt to avoid paying outstanding tolls or fees due for violations;

(5) Dismissal of outstanding tolls or fees due for violations as part of a bankruptcy proceeding; or

(6) Any other act or omission that constitutes an abuse of the E-ZPass system.

(b) The department shall notify the account holder when an account is suspended, provided that the account holder has provided updated contact information.

History

#10634, eff 7-2-14; ss by #14009, eff 7-3-24

N.H. Code Admin. R. Ann. Tra 703.02 Denial of Account Privileges {#sec-tra-703.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 703.02}

(a) An individual or business shall be denied future E-ZPass account privileges, if the department determines that:

(1) There has been a repeated failure to pay outstanding tolls or fees due for violations or repeated breach of the account holder’s obligations, including but not limited to the following:

a. The department requests denial of registration renewal or suspension of registration or combination totaling 3 or more times by the division for all plates combined under the account holder’s account or in the registered vehicle owner’s name;

b. The department requests denial of registration renewal or suspension of registration or combination totaling 3 or more times by the division for all plates combined under the account holder’s name or the registered vehicle owner’s name; or

c. The account holder or the registered vehicle owner incurs 50 or more violations that remain unpaid for 6 months or more;

(2) The account holder or the registered vehicle owner continues to use a suspended account for any period of time after the account is suspended;

(3) The account holder opens another account while violations are outstanding on an existing account or the registered vehicle owner opens an account while violations are outstanding on the registered vehicle owner’s plate through another account;

(4) The account holder opens another account when an existing account is suspended;

(5) The account holder uses another individual’s or business’ account privileges while the account holder’s account privileges are suspended;

(6) There has been a discharge of outstanding tolls and or fees as part of a bankruptcy proceeding; or

(7) There has been any other repeated abuse of the E-ZPass system beyond those in(1)-(6) above.

(b) If an account holder or registered vehicle owner asserts that the department’s decision to deny account privileges was erroneous, the account holder or registered vehicle owner may file:

(1) A written request for review by the hearings examiner or a person designated by the commissioner at NHDOT, 7 Hazen Drive, PO Box 483, Concord, NH 03302; and

(2) Submit a statement under oath stating the following:

a. The denial is in error;

b. The individual or business did not have a combination of plates under their account that was subject to denial of registration renewal or suspension of registration or combination totaling 3 or more times due to unpaid E-ZPass violations;

c. The individual or business is not the registered owner of a combination of plates that was subject to denial of registration renewal or suspension of registration or combination totaling 3 or more times due to unpaid E-ZPass violations;

d. The individual or business is not the registered owner of a plate or combination of plates that incurred 50 or more violations that remain unpaid for 6 months or longer;

e. The individual or business did not continue to use a suspended account for any period of time;

f. The individual or business did not open another account while violations were outstanding on an existing account;

g. The individual or business did not open an account while violations were outstanding on the individual’s or business’ plate under an existing account;

h. The individual or business did not use another individual’s or business’ account privileges while the individual’s or business’ own account privileges are suspended;

i. There has not been a discharge of outstanding violations, tolls, or fees. as part of a bankruptcy proceeding; and

j. The individual or business has not committed any repeated abuse of the E-ZPass system.

(c) After a period of 3 years, an account holder or registered vehicle owner may request reinstatement of account privileges following a review by the hearings examiner or a person designated by the commissioner, or request a hearing pursuant to Tra 200.

(d) The account holder or registered vehicle owner shall request a review or a hearing on the matter of reinstatement in writing to the hearings examiner or a person designated by the commissioner at NHDOT, 7 Hazen Drive, PO Box 483, Concord, NH 03302.

(e) The decision of reinstatement shall be based upon the following:

(1) The number of violations;

(2) The number of times the account was negative;

(3) The amount of time before the violations were paid;

(4) The account holder’s or registered plate owner’s responsiveness to the department’s communication regarding the violations;

(5) The account holder’s or registered plate owner’s attempts to thwart the system and or avoid paying the tolls;

(6) The account holder’s or registered plate owner’s use of deception to avoid paying the tolls;

(7) The account holder’s or registered plate owner’s use of other names or use of another account to retain privileges while refusing or neglecting to pay the tolls due;

(8) The transfer of a vehicle to another party in an attempt to circumvent the denial of registration privileges or suspension of registration process; and

(9) Any other factors or considerations that indicate whether the account holder or registered vehicle owner is likely to maintain a properly funded account and avoid incurring violations.

APPENDIX

Rule

Specific State Statute the Rule Implements

Tra 701.01

RSA 541-A:8

Tra 701.02

RSA 541-A:8

Tra 701.03

RSA 236:31, IV & V

Tra 701.04

RSA 236:31, IV, V & VI

Tra 702.01

RSA 236:31, II & III

Tra 702.02

RSA 236:31, IV, V & VI

Tra 703

RSA 236:31 IV

History

#10634, eff 7-2-14; ss by #14009, eff 7-3-24

Chapter Tra 800 Railroads

Part Tra 801 Agreements to Cross Railroad Property

N.H. Code Admin. R. Ann. Tra 801.01 Purpose {#sec-tra-801.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.01}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.02 Scope {#sec-tra-801.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.02}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.03 Definitions {#sec-tra-801.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.03}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.04 Crossing Standards {#sec-tra-801.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.04}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.05 Procedure {#sec-tra-801.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.05}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.06 Fees. {#sec-tra-801.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.06}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.07 Construction {#sec-tra-801.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.07}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.08 Maintenance of Railroad Corridor {#sec-tra-801.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.08}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.09 Rights of the State {#sec-tra-801.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.09}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.10 Liability {#sec-tra-801.10 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.10}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.11 Termination of Agreements {#sec-tra-801.11 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.11}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

N.H. Code Admin. R. Ann. Tra 801.12 Hearings. {#sec-tra-801.12 omnilex-key=us-nh-regs-official--agency-tra--Tra 801.12}

History

#6099, eff 10-4-95, EXPIRED: 10-4-03

Chapter Tra 900 Aircraft, Commercial Aviation Operator, and Aircraft Dealer Registration

Part Tra 901 Purpose

N.H. Code Admin. R. Ann. Tra 901.01 Purpose {#sec-tra-901.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 901.01}

The purpose of Tra 900 is to set forth general administrative requirements common to selected aeronautical registrations issued by the bureau and shall apply to registrations of aircraft, aircraft dealers, and commercial aviation operators pursuant to RSA 422:21.

History

#7997, eff 12-1-03; ss by #10034, ef 11-23-11, EXPIRED: 11-23-21
#13480, eff 11-3-22

Part Tra 902 General Administration

N.H. Code Admin. R. Ann. Tra 902.01 Definitions {#sec-tra-902.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.01}

(a) “Air commerce” means “air commerce” as defined in RSA 422:3, III.

(b) "Aircraft" means "aircraft" as defined in RSA 422:3, VI.

(d) “Aircraft dealer aircraft inventory report form” means the registration certificate issued to each aircraft listed on an aircraft dealer’s inventory.

(e) "Aircraft operating fee" means the fee collected pursuant to RSA 422:31, III.

(f) “Airman” means a civilian or military pilot, aviator, or aviation technician.

(g) “Airport” means “airport” as defined in RSA 422:3, X.

(h) "Applicant" means a person intending to fulfill statutory and administrative requirements for issuance of an aircraft, aircraft dealer, or commercial aviation operator registration.

(i) "Based" means storing an aircraft at an airport, whether by parking, tying down, or placing the aircraft in a hangar or, if the context requires, the airport from which the majority of a specific aircraft’s operations are initiated, conducted, or terminated.

(j) “Bureau” means the bureau of aeronautics, division of aeronautics, rail, and transit of the New Hampshire department of transportation.

(k) "Commercial aviation operator" means "commercial aviation operator" as defined in RSA 422:3, XVI.

(l) "Commissioner" means the commissioner of the New Hampshire department of transportation.

(m) "Dealer's aircraft registration" means the type of aircraft registration issued to an aircraft dealer that permits limited operation of the aircraft.

(n) "Demonstration flight" means a flight conducted for the purpose of:

(1) Demonstrating the aircraft to a prospective buyer or buyers;

(2) Testing the airworthiness and ensuring the safe operation of an aircraft as required by the Federal Aviation Administration; or

(3) Completion of maintenance of an aircraft.

(o) "Department" means the New Hampshire department of transportation, its employees or authorized agents.

(p) "Director" means the director of the division of aeronautics, rail, and transit of the New Hampshire department of transportation.

(q) "Division" means the division of aeronautics, rail, and transit of the New Hampshire department of transportation.

(r) “Federal Aviation Administration (FAA)” means the national aviation regulatory authority of the United States.

(s) "Ferrying flight" means a flight:

(1) From an aircraft manufacturer's site or from the site of aircraft purchase to the airport of the dealer's place of business;

(2) To the delivery location after the sale of an aircraft; or

(3) To or from a place at which repairs or maintenance are performed.

(t) “N number” means the United States identification number assigned to the aircraft by the Federal Aviation Administration aircraft registry pursuant to 14 C.F.R. Sec. 47.15.

(u) “Person” means “person” as defined in RSA 422:3, XXIII.

(v) “Public aircraft” means “public aircraft” as defined in RSA 422:3, XXIV.

(w) "Registrant" means the person designated on a New Hampshire registration application or certificate.

(x) "Registration period" means that portion of time from the date of the transaction to the expiration date of the registration certificate.

(y) "Renewal registration" means registration of the same aircraft, aircraft dealer, or commercial aviation operator by the same person within 12 months subsequent to issuance of a registration.

(z) "Resident" means “resident” as defined in RSA 422:3, XXV.

(aa) "Unflyable aircraft" means an aircraft that has been rendered unflyable as a result of its physical condition and includes aircraft that cannot legally be flown in compliance with regulations of the Federal Aviation Administration.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.02), EXPIRED: 11-23-21
#13480, eff 11-3-22 (formerly Tra 902.02)

N.H. Code Admin. R. Ann. Tra 902.02 Completing Forms {#sec-tra-902.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.02}

(a) All applications for a registration certificate shall be made on a form supplied by the bureau for each specific purpose: “NH Aircraft Registration Pre-Application” effective October 2022, for an aircraft: “Application for NH Commercial Aviation Operator Registration” effective October 2022, for commercial aviation operator; and “Aircraft Dealer Registration Application” effective October 2022, for an aircraft dealer.

(b) All applications for a registration certificate, including renewals shall be accompanied by the prescribed fee, pursuant to RSA 422:31, III; RSA 422:31VI; and RSA 422:31, VII.

(1) Filled out completely;

(2) Completed in a legible manner; and

(3) Filed with the bureau at the following address:

NHDOT Bureau of Aeronautics

PO Box 483,

John O. Morton Building, 7 Hazen Drive

Concord, NH 03302-0483

(d) If a form does not comply with the preceding section (c), the bureau will contact the applicant to advise of the error or omission, or request additional information. If the applicant does not correct the error or omission, or provide the requested additional information within 30 days, the application shall be denied.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.03)
#13480, eff 11-3-22 (formerly Tra 902.03)

N.H. Code Admin. R. Ann. Tra 902.03 Fees, Form of Payment {#sec-tra-902.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.03}

(a) Whenever an applicant makes payment to the bureau, the following shall apply:

(1) Payment shall be made in the form of cash, check, money order, or other negotiable instrument payable on demand or other form of payment acceptable to both the treasurer and the department;

(2) The negotiable instrument shall be made payable to the “Treasurer, State of New Hampshire”; and

(3) Alternative terms, describing the payee, including but not limited to “State of New Hampshire – Transportation,” “New Hampshire Department of Transportation,” “Aeronautics – State of New Hampshire,” “State of New Hampshire,” “State of NH,” “Bureau of Aeronautics,” or “Director of Aeronautics, Rail, and Transit” shall not be cause for refusal of a negotiable instrument, provided it does not lend itself to endorsement by any party other than the State of New Hampshire.

(b) Unless otherwise provided in these rules, any fee prescribed by statute or rule shall be submitted at the same time as the application to which it applies.

(c) Any fee, fine, or other payment resulting from the renewal, transfer, suspension, or revocation of a certificate shall be paid prior to issuance or reinstatement of the certificate.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.04)
#13480, eff 11-3-22 (formerly Tra 902.04)

N.H. Code Admin. R. Ann. Tra 902.04 Negotiable Instruments {#sec-tra-902.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.04}

(a) No negotiable instrument shall be accepted which bears a date subsequent to the date of the transaction.

(b) No 2 party check shall be accepted unless:

(1) One of the parties is the state of New Hampshire;

(2) The applicant is the other party; and

(3) The applicant has restrictively endorsed the instrument to be payable to the order of the state of New Hampshire.

(c) In the event an unacceptable negotiable instrument is received, the bureau will contact the applicant to advise of the error (e.g. check not signed). If the applicant does not correct the error within 30 days, the application shall be denied.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.05)
#13480, eff 11-3-22 (formerly Tra 902.05)

N.H. Code Admin. R. Ann. Tra 902.05 Dishonored Negotiable Instruments {#sec-tra-902.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.05}

(a) When any negotiable instrument presented for payment has been dishonored and returned to the bureau, it shall not be redeposited.

(b) The bureau shall notify the signatory that:

(1) The negotiable instrument has been dishonored, and the reason; and

(2) The check cannot be redeposited.

(c) A certificate issued based upon the receipt of a negotiable instrument that is subsequently dishonored shall be void as of the date of issuance and shall remain so until full restitution and statutory penalty fees have been received by the bureau. When the required payment is received by the bureau, the bureau shall issue a new certificate of registration.

(d) If an applicant fails, neglects, or refuses to pay to the bureau the full amount of the dishonored instrument, plus any penalties that might be due, the person shall be:

(1) Subject to penalties in accordance with RSA 422:29; and

(2) Referred to the department of justice for additional action as permitted by law.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.06)
#13480, eff 11-3-22 (formerly Tra 902.06)

N.H. Code Admin. R. Ann. Tra 902.06 Account Adjustments {#sec-tra-902.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 902.06}

(a) In the event a person underpays any registration, toll, penalty, or other fee required, the payment shall be processed pursuant to RSA 6:11-a.

(b) Pursuant to RSA 422:31, IX, amounts of less than $5 shall not be refunded if the cost to the state to refund the overpayment would exceed the amount involved.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.07)
#13480, eff 11-3-22 (formerly Tra 902.07)

Part Tra 903 Aircraft Registration

N.H. Code Admin. R. Ann. Tra 903.01 Registration Required {#sec-tra-903.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.01}

(a) Pursuant to RSA 422:28, no person shall operate or authorize the operation of a civil aircraft in New Hampshire unless:

(1) The aircraft possesses an N number; and

(2) One of the following applies:

a. The aircraft has a currently effective state registration certificate;

b. The aircraft is exempt from the state registration requirement pursuant to RSA 422:22, I-IV or RSA 422:32; or

c. The state registration requirement has been waived by the department pursuant to RSA 422:22, V-VI and these rules.

(b) A resident of the state who owns an aircraft shall register the aircraft with the department.

(c) The resident shall commence the aircraft registration process or the waiver process pursuant to Tra 903.04 within 10 days of assuming ownership of any aircraft whether or not the aircraft:

(1) Is in a flyable condition; or

(2) Is based or physically located in the state of New Hampshire.

(d) Pursuant to RSA 422:22, IV, RSA 422:28, or both, a non-resident of New Hampshire shall commence the initial registration process in this state immediately:

(1) Upon engaging in air commerce in this state; or

(2) The aircraft has been located in the state for more than 90 days cumulatively during a registration year.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 902.01)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.02 Effective Dates, Out of Cycle Registration {#sec-tra-903.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.02}

(a) Pursuant to RSA 422:21, effective dates for state aircraft registration certificates shall be based upon the first numeral of the N-number, as follows:

Table 903-1 Aircraft Registration Effective Dates

“N” Number

Registration Effective Dates

January 1 to December 31

February 1 to January 31

March 1 to February 28

April 1 to March 31

May 1 to April 30

June 1 to May 31

July 1 to June 30

August 1 to July 31

September 1 to August 31

(b) An original aircraft registration shall be issued outside of the month shown in the above table as an out-of-cycle registration in accordance with RSA 422:21, V.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 902.02)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.03 Registration of Aircraft {#sec-tra-903.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.03}

(a) An applicant shall commence the original registration process by completing and submitting a “NH Aircraft Registration Pre-Application” form effective October 2022, to the bureau, together with the following information:

(1) The name of the airport where the aircraft is based, or if for a non-resident registration of an aircraft, the name of the New Hampshire airport where the aircraft is based, or from which commercial operations are conducted;

(2) The model year of the aircraft;

(3) If a fixed wing aircraft, the following information:

a. Whether the aircraft is classed as:

Land based;
Seaplane; or
Glider;

b. Engine type, whether:

Piston;
Turbopropeller; or
Turbojet; and

(4) If a rotary wing aircraft, the following information:

a. Whether the aircraft is classed as:

Gyroplane; or
Helicopter; and

b. Engine type, whether:

Piston; or
Turbine;

(5) A legible copy of a dated bill of sale for the aircraft;

(6) A statement as to whether the applicant requests a waiver of registration pursuant to these rules;

(7) The name(s) of all owner(s) or registrant(s) acting as authorized agents of all owner(s) of the aircraft;

(8) A mailing address to which notices from the bureau shall be sent and a street address;

(9)The following means of contact for a person able to respond to questions from the bureau shall be provided:

a. Home telephone;

b. Work telephone;

c. Mobile telephone; and

d. Electronic mail address.

(b) Upon receipt of either a request for assistance or a “NH Aircraft Registration Pre-Application” form effective October 2022, the bureau shall:

(1) Process the request in accordance with RSA 541-A:29;

(2) Determine if the applicant is eligible for a waiver of registration or operating fee, and provide the Aircraft Resident Waiver Application form effective October 2022 or the Unflyable Aircraft Registration Waiver Application form effective October 2022 to the applicant to request \the specific waiver; or

(3) Compute the fee for registration pursuant to RSA 422:31, and request payment thereof from the applicant, utilizing an “Application for Aircraft Registration” form effective October 2022.

(c) Upon receipt of the “Application for Aircraft Registration” form effective October 2022 from the bureau, the applicant shall:

(1) Sign and date the application, and return it to the bureau with payment of the applicable fee; or

(2) Complete and submit the appropriate waiver application forms.

(d) Upon receipt of the signed and dated application and the required fee from an applicant, the bureau shall issue a certificate of registration and registration decal.

(e) The state registration certificate shall be carried at all times in the aircraft.

(f) The state registration decal shall be affixed to the right side of the fuselage of the aircraft ahead of the right rear control surfaces.

History

#6015, eff 3-29-95; amd by #6244, eff 5-8-96; ss by #7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 902.03)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.04 Aircraft Registration and Operating Fee Waivers {#sec-tra-903.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.04}

(a) A New Hampshire resident seeking a waiver of registration for an aircraft based in another state in accordance with RSA 422:22, V shall complete and submit an “Aircraft Resident Waiver Application” form effective October 2022 together with the following information to the bureau:

(1) A copy of a certificate of aircraft registration issued by another state or appropriate tax receipt from the state where the aircraft is registered for the registration year the waiver is being requested; or

(2) The signature of the applicant is required on any of the documentation listed above in 903.04 (a) (1), (2), or ( 3).

(b) A New Hampshire resident seeking a waiver of registration for an unflyable aircraft in accordance with RSA 422:22, VI shall complete and submit an “Unflyable Aircraft Registration Waiver Application” effective October 2022, together with the following information to the bureau:

(1) The tachometer hours as shown in the aircraft’s logbook, photo of tachometer, or a signed statement from a fixed based operator (mechanic);

(2) A written statement and photographs which indicate that at least one of the following situations rendering the aircraft unflyable is present:

a. The aircraft is fully or partially dismantled or disassembled, by means of:

The removal of one or more engines;
The removal of one or more wings;
The removal of the main rotor assembly, if for a rotary-wing aircraft;
The removal of 20 percent or more of the aircraft fuselage or main structure; or
The removal of 20 percent or more of the external covering or skin of the aircraft;

b. The removal of 50 percent or more of the flight control mechanisms or surfaces, including:

Elevators, stabilators, or other surfaces used to control pitch attitude;
Rudders or other surfaces used to control yaw attitude;
Ailerons or other surfaces used to control roll attitude;
Flaps or other surfaces used to modify the lift characteristics of the aircraft;
Linkages, rods, or cables or any supporting structures for connections between the flight control surfaces and the pilot's station in the aircraft; or
The controls at the pilot's station which activate the flight surfaces;

c. The aircraft is under construction and is incomplete;

d. The aircraft has substantial damage due to an accident or some other cause, and cannot be flown until repairs are made; or

e. The aircraft is unairworthy, meaning:

It has not been certified as airworthy by a qualified mechanic within the past 12 months; or
Physical defects are present in the aircraft's structural components necessary for normal flight, rather than administrative defects in the aircraft's documentation or ownership; and

(3) The signature of the applicant.

(c) A non-resident seeking a waiver from the registration and operating fees for commercial use aircraft operated within the state pursuant to RSA 422:32, I, shall submit a letter including the following information to the bureau:

(1) The N number of the aircraft;

(2) The dates for which the waiver is requested;

(3) The location of the commercial operation being proposed;

(4) The nature of the commercial operation;

(5) A statement that the commercial operation will be completed within a 2-day period as justification for granting the request; and

(6) The signature of the applicant.

(d) A waiver granted pursuant to RSA 422:32, I shall not exceed 2 days duration.

(e) Any waiver granted pursuant to RSA 422:22, V or VI shall be valid until:

(1) The holder of a waiver granted under this section informs the department of any change in the information submitted on the application for such waiver; or

(2) Inspection of the aircraft, or documentation regarding the ownership, maintenance, location, registration, or operation of the aircraft reveals facts suggesting that the holder no longer qualifies for the waiver.

(f) Pursuant to RSA 422:23, waivers shall be non-transferable, and becomes void upon a change in:

(1) The ownership of the aircraft;

(2) The state of residence of the holder, if the change involves a move into or out of the state of New Hampshire;

(3) The de-registration of the aircraft by the Federal Aviation Administration; or

(4) The return of an unflyable aircraft to a condition that no longer supports the grant of a waiver pursuant to (d) above.

History

#7997, eff 12-1-03 ss by #10034, eff 11-23-11 (from Tra 902.04)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.05 Renewal of Aircraft Registration {#sec-tra-903.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.05}

(a) The owner of a registered aircraft, or his agent, shall:

(1) Inform the bureau of changes in name or address of any owner or registrant of the aircraft; and

(2) Inform the bureau of changes in the use or condition of the aircraft which might change its registration status or qualification for a waiver.

(b) An applicant seeking annual renewal of the certificate of registration shall submit an “Aircraft Registration Renewal Notification” form effective October 2022 to the bureau prior to the expiration of the aircraft registration, together with the following information:

(1) Any change in ownership of the aircraft;

(2) A description of damage or change to the condition of the aircraft that renders it unflyable;

(3) Any change in the location where the aircraft is based;

(4) Any change in the information originally supplied pursuant to Tra 903.03 on the “NH Aircraft Registration Pre-Application” form effective October 2022; and

(5) If any changes described in (1)-(4) above are reported, the signature of the applicant, including capacity and authority if signing as an agent or for a trust, partnership, corporation, or limited liability company.

(d) Upon receipt by the bureau of the completed application for renewal and the required fee, the information supplied shall be reviewed, and a certificate of registration issued unless information contained on the application, or obtained from a field inspection of the aircraft indicates a lack of compliance with these rules.

(e) Upon renewal, all aircraft registrations shall be placed in the annual renewal cycle specified in Tra 903.02.

(f) If renewal of a certificate of registration is denied, a written notice shall be provided explaining why the application was not approved, and how the applicant may request a hearing to review the decision pursuant to RSA 21-L:8 and Tra 202.27.

History

#10034, eff 11-23-11 (from Tra 902.05)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.06 Registration of Public Aircraft {#sec-tra-903.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.06}

(a) A federal agency may voluntarily register the aircraft owned or operated by the agency by contacting the bureau.

(b) A state or local agency shall register the aircraft owned or operated by the agency by contacting the bureau.

History

#10034, eff 11-23-11 (from Tra 902.06)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.07 Transfer of Aircraft Registration and Aircraft Operating Fee {#sec-tra-903.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.07}

(a) Pursuant to RSA 422:23, upon the transfer of ownership of any aircraft, its registration shall no longer be valid.

(b) The person in whose name such aircraft is registered shall return the certificate of registration to the bureau, with a written notice containing the date of the transfer of ownership and the name, and address of the new owner.

(c) A person who transfers ownership of any registered aircraft and purchases a replacement aircraft in the same name within the same registration year may transfer any unused registration and aircraft operating fees to the original registration of the replacement aircraft as follows:

(1) Fees shall be transferred within the same registration year and only from the date of purchase of the replacement aircraft;

(2) If the transfer extends the expiration of the replacement aircraft’s registration, pro-rated fees shall be charged for the additional months in the new registration year; and

(3) If the transfer shortens the expiration of the replacement aircraft’s registration, no refund shall be issued.

(d) Any person who obtains an aircraft registration transfer pursuant to this section shall be charged the registration transfer fee pursuant to RSA 422:31, IV.

History

#10034, eff 11-23-11 (from Tra 902l07)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.08 Lost Registration Decal or Certificate {#sec-tra-903.08 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.08}

(a) A registrant shall notify the bureau immediately upon discovery that a registration certificate or decal has been lost or mutilated.

(b) Upon receipt of the fee set forth in RSA 422:31, VIII, the bureau shall issue a certified replacement certificate, decal, or both, reflecting the same expiration date as the lost or mutilated item(s).

History

#10034, eff 11-23-11 (from Tra 902.08)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 903.09 Revocation of Aircraft Registration Certificate {#sec-tra-903.09 omnilex-key=us-nh-regs-official--agency-tra--Tra 903.09}

(a) In accordance with RSA 541-A:30 and RSA 422:25, after notice and an opportunity for hearing is provided to the holder, the division shall revoke a state aircraft registration certificate if it is shown that the holder made any material false statement in the application for the certificate.

(b) Within 20 days of receipt of notice from the bureau of the proposed revocation of a state aircraft registration certificate, the holder shall:

(1) Surrender the same to the bureau for cancellation; or

(2) Request a hearing to contest the proposed action.

(c) Failure to contact the bureau within 20 days of receipt of notice of a proposed revocation of a state aircraft registration certificate or waiver shall result in the proposed action being taken.

(d) A revoked certificate shall have no further force or effect.

(e) No refund of fees paid shall be made in the case of the revocation of a state aircraft registration certificate.

(f) A certificate revoked for non-payment of a fee may be restored upon payment of the fee, and any penalties imposed pursuant to RSA 6:11-a.

History

#10034, eff 11-23-11 (from Tra 902.09)
#13480, eff 11-3-22

Part Tra 904 Commercial Aviation Operator Registration

N.H. Code Admin. R. Ann. Tra 904.01 Registration of Commercial Aviation Operators Required {#sec-tra-904.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 904.01}

Pursuant to RSA 422:21, each commercial aviation operator shall register with the department.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.01)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 904.02 Registration Application {#sec-tra-904.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 904.02}

(a) Applicants for registration as a commercial aviation operator shall submit and complete the “Application for NH Commercial Aviation Operator Registration” form effective October 2022, along with the fee required by RSA 422:31, VII, which shall not be prorated for a partial year registration, and the following information:

(1) Name of business or individual operator;

(2) Mailing and physical address;

(3) Alternate telephone number;

(4) Whether the organization is legally structured as a:

a. Sole proprietorship;

b. Partnership;

c. Corporation;

d. Trust;

e. Limited liability company; or

f. Limited liability partnership;

(5) A certificate of authority from the New Hampshire secretary of state to do business within the state, if such registration is required by law;

(6) Names and addresses of the person or persons authorized to act on behalf of the organization;

(7) A list of New Hampshire airports at which the applicant will offer commercial aviation services or supplies;

(8) The New Hampshire airport of primary operation, if the applicant proposes to conduct any of the following operations for compensation or hire:

a. Any flight operation, including:

Flight training;
Air taxi;
Rental of aircraft;
Scenic rides;
Aerial photography;
Aerial advertising, such as banner towing or airborne lighted displays; or
Other flight operations that require an airport for operation;

b. Aviation fuel sales; or

c. Aircraft maintenance;

(b) Any changes in the information provided to the bureau shall be reported in writing or electronically no later than 10 days after such change has occurred.

(c) Upon receipt of the completed and signed application and the required fee, the bureau shall issue a certificate of registration.

(d) Registration certificates issued by the bureau shall not constitute:

(1) Permission to operate on any specific airport in the state;

(2) A certification as to the qualifications of the commercial aviation operator to perform work; or

(3) A certification or representation that the commercial aviation operator has been inspected, reviewed, or evaluated in any manner as to the quality or sufficiency of any work performed in the past.

(e) Registration certificates for commercial aviation operators shall expire annually on December 31 of the year for which they were issued.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.02)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 904.03 Notice of Insurance Coverage for Flight Training {#sec-tra-904.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 904.03}

(a) Any person who, in the ordinary course of business, conducts flight training in an aircraft for hire shall deliver a written notice to the person receiving such training which states whether or not insurance coverage is in effect for the training flights, and if so, the terms and limitations of the insurance coverage as provided on the declarations page of the insurance policy.

(b) The notice required pursuant to (a) above shall:

(1) Contain the name of the instructor giving notice;

(2) State the amount of liability coverage in effect for each training flight if any; and

(3) State the name of the insured party.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.03)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 904.04 Revocation of Commercial Aviation Operator Registration Certificate {#sec-tra-904.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 904.04}

(a) In accordance with RSA 541-A:30 and RSA 422:25, after notice and an opportunity for hearing is provided to the holder, the bureau shall revoke a commercial aviation operator registration certificate if it is shown that the holder made any material false statement in the application for the certificate.

(b) Within 20 days of receipt of notice from the bureau of the proposed revocation of a commercial aviation operator registration certificate, the holder shall:

(1) Surrender the same to the bureau for cancellation; or

(2) Request a hearing to contest the proposed action.

(c) Failure to contact the bureau within 20 days of receipt of notice of a proposed revocation of a commercial aviation operator registration certificate shall result in the proposed action being taken.

(d) A revoked certificate shall have no further force or effect.

(e) No refund of fees paid shall be made in the case of the revocation of a commercial aviation operator registration certificate.

(f) A certificate revoked for non-payment of a fee shall be restored upon payment of the fee. When the required payment is received by the bureau, the bureau shall issue a new certificate of registration.

(g) A certificate issued based upon the receipt of a negotiable instrument that is subsequently dishonored shall be considered to have never been issued unless full restitution and statutory penalty fees are received. When the required payment is received by the bureau, the bureau shall issue a new certificate of registration.

History

#7997, eff 12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.04)
#13480, eff 11-3-22

Part Tra 905 Aircraft Dealer Registration

N.H. Code Admin. R. Ann. Tra 905.01 Registration Requirements {#sec-tra-905.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.01}

(a) In order to register aircraft held for the purpose of sale under the provisions of this section, an aircraft dealer shall:

(1) Possess a currently effective state registration as a commercial aviation operator; and

(2) Own or lease sufficient space to park or hangar at least 2 aircraft at a registered commercial-use airport within the state.

History

#10034, eff 11-23-11 (from Tra 904.01)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 905.02 Registration of Aircraft Dealers {#sec-tra-905.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.02}

(a) An applicant for registration as an aircraft dealer shall complete and submit the “Aircraft Dealer Registration Application” form effective October 2022, along with the fee required by RSA 422:31, VI, and the following additional information:

(1) Name of the registered commercial aviation operator;

(2) Mailing address;

(3) One or more telephone numbers where the applicant can be reached during normal business hours;

(4) Physical address, if different than the mailing address;

(5) Whether the aircraft dealer is legally structured, as a:

a. Sole proprietorship;

b. Partnership;

c. Corporation;

d. Trust;

e. Limited liability company; or

f. Limited liability partnership;

(6) A certificate of authority from the New Hampshire secretary of state to do business within the state, if such registration is required by law;

(7) Names and addresses of the person or persons authorized to act on behalf of the aircraft dealer;

(8) A list of aircraft currently in inventory for which an aircraft dealer registration certificate will be issued, with the following items listed for each aircraft:

a. The N-number of the aircraft;

b. The name of the manufacturer of the aircraft;

c. The manufacturer’s model of the aircraft;

d. The manufacturer’s serial number of the aircraft;

e. The color of the aircraft;

f. The model year of the aircraft;

g. The year of manufacture of the aircraft;

h. If a fixed wing aircraft, whether the aircraft is classed as:

Land based;
Seaplane; or
Glider;

i. Engine type, and number of engines, whether:

Piston,
Turbopropeller; or
Turbojet; and

j. If a rotary wing aircraft, whether the aircraft is:

Classed as a gyroplane or helicopter; and
Propelled by a piston or turbine engine;

(9) The number of aircraft expected to be added to and maintained in inventory for the registration year; and

(10) One or more of the following documents, to evidence the applicant’s authority to register the aircraft under the aircraft dealer certificate:

a. A copy of a bill of sale to the applicant;

b. A copy of the currently effective FAA registration certificate showing the applicant as the FAA registrant;

c. A copy of an agreement or contract which specifically grants authority to the aircraft dealer to act as agent for the owner in matters relating to the sale of the aircraft; or

d. Any other items which shows ownership or control of the aircraft.

(b) The bureau shall issue an aircraft dealer registration to the applicant if:

(1) The applicant meets the definition of an aircraft dealer;

(2) The applicant aircraft dealer:

a. Owns or appears to own the aircraft listed upon the application; or

b. Is acting as agent for the owner of the aircraft, in accordance with an agreement or contract; and

c. Other aircraft owned by the applicant, if any, are not unregistered or the subject of a suspension or revocation of certificate action by the bureau.

(c) The bureau shall, without charge, provide sufficient aircraft inventory report forms to the dealer to meet the anticipated inventory needs for the registration year.

History

#10034, eff 11-23-11 (from Tra 904.02)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 905.03 Additions to Dealer Inventory {#sec-tra-905.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.03}

An aircraft dealer adding an aircraft to its inventory of aircraft available for sale throughout the registration year shall:

(a) Complete and submit an “Aircraft Dealer Inventory Report” form effective October 2022, to the bureau, together with the following information:

(1) The model year of the aircraft;

(2) If a fixed wing aircraft, whether the aircraft is classed as:

a. Land based;

b. Seaplane; or

c. Glider;

d. Engine type and number of engines, whether

Piston;
Turbopropeller; or
Turbojet; and

(3) If a rotary wing aircraft, whether the aircraft is:

Classed as a gyroplane or helicopter; and
Engine type, whether piston or turbine; and

(b) Provide a copy of the completed “Aircraft Dealer Inventory Report” form effective October 2022 to the bureau, by either telefax, email, or mail, within 10 days of assuming either ownership or control of the aircraft.

History

#10034, eff 11-23-11 (from Tra 904.03)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 905.04 Sale of Aircraft {#sec-tra-905.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.04}

(a) The aircraft dealer shall surrender the “Aircraft Dealer Inventory Report form including the aircraft registration decal to the bureau via mail within 10 days of the sale or transfer of an aircraft registered to the aircraft dealer.

(b) The aircraft dealer shall provide the required information on the reverse of the Aircraft Dealer Inventory Report form effective October 2022 and file the completed form with the bureau.

History

#10034, eff 11-23-11 (from Tra 904.04)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 905.05 Renewal of Aircraft Dealer Registration {#sec-tra-905.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.05}

(a) A registered aircraft dealer shall:

(1) Inform the bureau of changes in:

a. The name or address of the dealer; and

b. The airport used as a primary base of operation; and

(2) The applicant shall complete and submit the “Application for Renewal of Aircraft Dealer Registration” form effective October 2022 with the bureau, prior to the expiration of the current aircraft dealer registration certificate, together with the fee required by RSA 422:31, and the following information:

a. Signature of applicant, including capacity and authority if signing for a trust, partnership, corporation, or limited liability company; and

b. All other items described in Tra 905.02(a).

(3) An aircraft dealer registration shall be renewed unless the information provided shows that the applicant no longer qualifies as an aircraft dealer, or the applicant is the subject of a suspension or revocation proceeding under these rules.

History

#10034, eff 11-23-11 (from Tra 904.05)

N.H. Code Admin. R. Ann. Tra 905.06 Conditions and Restrictions {#sec-tra-905.06 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.06}

(a) The aircraft dealer inventory report form shall be carried at all times in the aircraft.

(b) Aircraft dealer registrations shall be valid from January 1 through December 31 of each year.

(c) Dealer aircraft inventory report forms for aircraft added to inventory during the registration year shall be effective from date of acquisition through December 31 of that year.

(d) An unflyable aircraft may be registered under a dealer aircraft registration, if the unflyable aircraft is listed for sale with the dealer.

(e) No person shall register an aircraft offered for sale under a dealer aircraft registration unless physical possession of the aircraft has been relinquished to the control of the dealer; and

(f) No aircraft dealer shall use an aircraft registered under a dealer aircraft registration for other than a ferrying flight or a demonstration flight.

History

#10034, eff 11-23-11 (from Tra 904.06)
#13480, eff 11-3-22

N.H. Code Admin. R. Ann. Tra 905.07 Revocation of Aircraft Dealer Registration Certificate {#sec-tra-905.07 omnilex-key=us-nh-regs-official--agency-tra--Tra 905.07}

(a) In accordance with RSA 541-A:30 and RSA 422:25, after notice and an opportunity for hearing is provided to the holder, the bureau shall revoke an aircraft dealer registration if it is shown that the holder made any material false statement in the application for the certificate.

(b) Within 20 days of receipt of notice from the bureau of the proposed revocation of a state aircraft dealer registration certificate, the holder shall:

(1) Surrender the same to the bureau for cancellation; or

(2) Request a hearing to contest the proposed action.

(c) Failure to contact the bureau within 20 days of receipt of notice of a proposed revocation of a state aircraft dealer registration certificate shall result in the proposed action being taken.

(d) A revoked certificate shall have no further force or effect.

(e) No refund of fees paid shall be made in the case of the revocation of a state aircraft dealer registration certificate.

(f) A certificate revoked for non-payment of a fee shall be restored upon payment of the fee.

(g) A certificate issued based upon the receipt of a negotiable instrument that is subsequently dishonored shall be considered to have never been issued unless full restitution and fees are received. When the required payment is received by the bureau, the bureau shall issue a new certificate of registration.

APPENDIX

Rule

Statute

Tra 901.01

RSA 422:2, RSA 422:21

Tra 902.01

RSA 422:3

Tra 902.02

RSA 422:40, VI

Tra 902.03

RSA 422:31

Tra 902.04

RSA 422:31, RSA 6:11-a

Tra 902.05

RSA 422:31, RSA 6:11-a

Tra 902.06

RSA 422:21

Tra 903.01

RSA 422:21. RSA 422:22, RSA 422:28,

RSA 422:32

Tra 903.02

RSA 422:21

Tra 903.03

RSA 422:21

Tra 903.04

RSA 422:22, IV, V, VI

Tra 903.05

RSA 422:21

Tra 903.06

RSA 422:21, RSA 422:32 V

Tra 903.07

RSA 422:23, 24

Tra 903.08

RSA 422:31, IV

Tra 903.09

RSA 422:25

Tra 904.01

RSA 422:21

Tra 904.02

RSA 422:21

Tra 904.03

RSA 422:21 I

Tra 904.04

RSA 422:25

Tra 905.01

RSA 422:21

Tra 905.02

RSA 422:21

Tra 905.03

RSA 422:21

Tra 905.04

RSA 422:21

Tra 905.05

RSA 422:21, 31

Tra 905.06

RSA 422:21

Tra 905.07

RSA 422:25

History

#10034, eff 11-23-11 (from Tra 904.07)
#13480, eff 11-3-22

Chapter Tra 1000 Process for Marketing and Sale of State Owned Property Utilizing Real Estate Professionals

Part Tra 1001 Purpose

N.H. Code Admin. R. Ann. Tra 1001.01 Purpose. {#sec-tra-1001.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 1001.01}

The purpose of this chapter is to establish requirements and set forth the process for pre-qualification of real estate professionals intending to sell state-owned property, the selection of the pre-qualified real estate professionals, as provided in RSA 228:31-b, III, and the sale of the state-owned property.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23

Part Tra 1002 General Administration

N.H. Code Admin. R. Ann. Tra 1002.01 Scope {#sec-tra-1002.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 1002.01}

(a) The requirements contained herein shall apply to all those who intend to enter the pre-qualification and selection process seeking award of a contract to sell state-owned property advertised by the department.

(b) Only a real estate professional pre-qualified under this part shall be eligible to sell state-owned property advertised by the department for the term specified under Tra 1003.01(f).

(c) State employees shall be prohibited from receiving compensation from the sale of department owned properties through this process.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12 (from Tra 1001.02); ss by #13587, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 1002.02 Definitions {#sec-tra-1002.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 1002.02}

(a) “Commissioner” means the commissioner of the New Hampshire department of transportation, or the Commissioner’s agent.

(b) “Contract” means a written agreement between the state and a real estate professional, who is pre-qualified under Tra 1003.01, setting forth the obligation of the parties thereunder, including, but not limited to, the performance of the work and the basis of payment, and any supplemental documents identified to the contract or incorporated into the agreement.

(d) “Department” means the New Hampshire department of transportation.

(e) “Pre-qualification committee” means a committee from within the department consisting of the department’s right-of-way administrator, chief appraiser, and the department’s chief of property management.

(f) “Real estate professional” means an individual or company that is licensed by the New Hampshire real estate commission.

(g) “State” means the state of New Hampshire.

History

#10209, eff 10-23-12 (from Tra 1002.01); ss by #13587, eff 3-22-23

Part Tra 1003 Process for Pre-Qualification and Selection of Real Estate Professionals and Sale of State-Owned Property

N.H. Code Admin. R. Ann. Tra 1003.01 Pre-Qualification Process {#sec-tra-1003.01 omnilex-key=us-nh-regs-official--agency-tra--Tra 1003.01}

(a) Every 3 years the department shall solicit interest by advertisement in newspapers and written contact to professional real estate organizations.

(b) When the department receives notice that a real estate professional is interested in pre-qualification, the department shall send the interested real estate professional a list of the pre-qualification criteria appearing below at Tra 1003.01(d).

(d) The real estate professional shall submit a proposal to the department containing the following:

(1) Qualifications and experience of key personnel;

(2) Staffing capacity and personnel coverage within the region;

(3) Sample market analyses;

(4) The real estate professional’s field of expertise, whether it is residential property, commercial or industrial property, or vacant land;

(5) Past experience and success selling properties in the real estate professional’s field of expertise;

(6) Which region(s) of the state they are willing to accept work in;

(7) Name of the real estate professional submitting the proposal;

(8) Complete address;

(9) Date of submission; and

(10) Telephone number.

(e) Every 3 years the pre-qualification committee shall review the proposals submitted to the department and determine whether the real estate professional has submitted information required in Tra 1003.01(d) and demonstrated competence and qualifications based on experience in the appropriate real estate specialty to market and sell state-owned property advertised by the department. Once pre-qualified, the real estate professional shall be placed on the pre-qualified list and assigned to one or more regions, as requested by the real estate professional pursuant to Tra 1003.01(d)(6).

(f) Once the pre-qualification committee determines which real estate professionals shall be pre-qualified, all real estate professionals who submitted a proposal shall be notified of the pre-qualification committee’s determination and that the department shall contact them once property has been deemed surplus and is to be sold by a real estate professional. Pre-qualified real estate professionals shall be placed on the pre-qualified list. They shall remain on the list for a period of 3 years, unless the real estate professional fails to continue to meet the pre-qualification requirements. Real estate professionals who are not pre-qualified shall be notified of their right to appeal pursuant to Tra 1003.05.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 1003.02 Denial of Pre-Qualification {#sec-tra-1003.02 omnilex-key=us-nh-regs-official--agency-tra--Tra 1003.02}

(a) The department shall deny pre-qualification status to a real estate professional who fails to provide the required information pursuant to Tra 1003.01(d). Prior to issuing a denial, the department shall first notify the real estate professional that the information provided is incomplete and allow the real estate professional a minimum of 5 business days to provide the missing information.

(b) The department shall deny pre-qualification status to any real estate professional who fails to show demonstrated competence and qualifications based on experience in the appropriate real estate specialty.

(c) The department shall further deny or revoke pre-qualification status to a real estate professional by written notification when he or she knowingly made materially false, deceptive or fraudulent statements in his or her proposal. Loss of a real estate professional’s New Hampshire license to sell real estate shall result in denial or revocation of pre-qualification.

(d) The department shall provide written notice when a real estate professional’s pre-qualification status is denied or revoked.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 1003.03 Selection Process {#sec-tra-1003.03 omnilex-key=us-nh-regs-official--agency-tra--Tra 1003.03}

(a) Once a property has been deemed surplus and qualifies for sale by a real estate professional, the pre-qualification committee shall ask each pre-qualified real estate professional in the region to develop a market analysis based on a specific scope of services.

(b) The market analysis shall include the following information:

(1) A description of the subject property;

(2) A comparison of the subject property to at least 3 other comparable properties that sold in the past year, if possible;

(3) A listing of similar properties currently for sale on the market;

(4) The real estate professional’s “Opinion of Value” for the subject property;

(5) The real estate professional’s proposed fees for real estate services;

(6) A list of qualifications and experience for the listing real estate professional;

(7) Certification that the real estate professional holds all required licenses to sell real estate in the state of New Hampshire;

(8) The real estate professional’s marketing strategies for the subject property, including a listing of all media outlets the real estate professional intends to use; and

(9) The real estate professional’s anticipated marketing time required to sell the property.

(d) The pre-qualification committee shall evaluate the market analyses submitted by the real estate professionals and rank the top 3 based on the proposal that provides the state with the best value considering scope, complexity, and professional nature of the services to be provided. In the case of a tie, the pre-qualification committee shall draw names by random selection and make the first offer to the individual whose name is drawn first.

(e) The department shall request approval from the long range capital planning and utilization committee to market the property with the top ranked real estate professional and to sell for the price proposed by the department. Pursuant to RSA 4:39-c, after receiving the long range capital planning and utilization committee’s approval, the department shall first offer the property to the government of the town, city, or county in which the property is located. The town, city, or county shall have 30 days to respond to the department’s offer.

(f) If the town, city, or county declines the department’s offer or does not respond within 30 days, the department shall offer the listing to the top ranked real estate professional first, and if an agreement cannot be reached, the listing shall be offered to the second ranked real estate professional and so on, subject to approval from long range capital planning and utilization committee.

(g) The department shall enter into a contract with the selected real estate professional to market the property. All terms within this contract shall be subject to governor and council approval.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 1003.04 Sale Process {#sec-tra-1003.04 omnilex-key=us-nh-regs-official--agency-tra--Tra 1003.04}

(a) The real estate professional shall attempt to negotiate the highest sale price possible for the property. The real estate professional shall bring all offers forward to the department for consideration.

(b) When the department receives an offer that it plans to accept, as determined under Tra 1003.03(d) thru (f), the department’s right-of-way administrator or designee shall have the authority to enter into purchase and sales agreements to sell the property. All purchase and sales agreements shall be subject to the approval of the governor and council.

(b) The department shall request approval from the governor and council to sell the property in accordance with the purchase and sales agreement. This request shall also ask for authorization to pay the real estate professional according to the terms outlined in the contract between the department and the real estate professional.

(c) After the department receives approval from the governor and council, the department shall schedule a closing, the property shall be transferred to the buyer, and the real estate professional shall be paid.

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23

N.H. Code Admin. R. Ann. Tra 1003.05 Requests for Hearing {#sec-tra-1003.05 omnilex-key=us-nh-regs-official--agency-tra--Tra 1003.05}

(a) Decisions of the pre-qualification committee with respect to denial or revocation of pre-qualification may be appealed to the commissioner by filing a request for hearing pursuant to RSA 541-A: 31-36 and Tra 200.

(b) In the event of revocation of pre-qualification status by the pre-qualification committee, the revocation shall be held in abeyance pending a hearing and final decision in accordance with Tra 1003.05(d) and (e).

State of New Hampshire

Department of Transportation, P.O. Box 483

Concord, NH 03302-0483

Attention: Hearing Examiner

(d) A request for hearing shall be in writing and made within 30 days from the date of receipt by the real estate professional of the decision. It is the real estate professional’s burden to show that the department erred in denying or revoking the pre-qualification status by a preponderance of the evidence.

(e) The filing of a request for hearing shall not stay the selection and sale process on any proposed contract.

APPENDIX

Rule

Statute

Tra 1001.01

RSA 228:31-b

Tra 1002.01

RSA 228:31-b, I, II, III

Tra 1002.02

RSA 228:31-b

Tra 1003.01

RSA 228:31-b, II, III, IV

Tra 1003.02

RSA 228:31-b, II, III

Tra 1003.03

RSA 228:31-b, II, III, IV, V, VI, VII, VIII, RSA 4:40, I

Tra 1003.04

RSA 228:31-b, II, V, VIII,

Tra 1003.05

RSA 228:31-b, RSA 541-A, 31-36

History

#8536, INTERIM, eff 1-6-06, EXPIRED: 7-5-06
#10209, eff 10-23-12; ss by #13587, eff 3-22-23