N.H. Code Admin. R. Saf-C 4102.04 – Sufficiency of Horsepower

(a) The commissioner shall, after a hearing based upon a complaint that a vehicle certified pursuant to these rules has insufficient horsepower and gear-ratio to safely and effectively carry the additional weight authorized by RSA 266:18-b, suspend the certification pending proof from the owner or lessee that the vehicle has sufficient horsepower for such purpose.
(b) A law enforcement officer shall, if necessary, conduct an inspection, including an on the road inspection, to determine whether the vehicle has sufficient horsepower to carry the additional weight.
(c) The inspection pursuant to (b) above shall consist of loading the vehicle to the certified additional weight limit and the law enforcement officer shall observe the vehicle to determine if it:
1. (1) Is able to travel at the same rate of speed as the flow of traffic, but not in excess of the speed limit;
2. (2) Holds up traffic while traveling up hills by traveling slower than 20 miles per hour up hills; and
3. (3) Is hazardous to the safety of the public because it travels so slowly.
  Source. #4193, eff 12-30-86; amd by #4251, eff 3-31-87, EXPIRED 3-31-93
  New. #5628, eff 5-25-93; ss and moved by #6946, eff 2-25-99 (see Saf-C 4102.05), EXPIRED: 2-25-07
  New. #8881, INTERIM, eff 5-3-07, EXPIRES: 10-30-07; ss by #9000, eff 9-29-07 (from Saf-C 4102.03), EXPIRED: 9-29-15
  New. #11050, INTERIM, eff 3-5-16, EXPIRED: 9-1-16 (formerly Saf-C 4102.05)
  New. #11190, eff 9-22-16
  PPENDIX
  RULE
  STATUTE
  Saf-C 4101.01
  RSA 259:13
  Saf-C 4101.02
  RSA 259:19
  Saf-C 4101.03
  RSA 541-A:7
  Saf-C 4101.04
  RSA 266:1-a
  Saf-C 4101.05
  RSA 259:108
  Saf-C 4101.06
  RSA 259:113
  Saf-C 4101.07
  RSA 259:108; RSA 259:100-a
  Saf-C 4102.01 – 4102.04
  RSA 266:18-d, VI