N.H. Code Admin. R. Saf-C 5602.07
General Procedures for Requests by Authorized Users of MV Records Pursuant to RSA 260:14, V(a)(1)-(7), (9) and (10)
Effective Dec 31, 2020#6403, EXEMPT, eff 1-1-97; rpld and ss by #7361, EXEMPT, eff 9-1-00; ss by #7621, EXEMPT, eff 1-1-02; ss by #13152 EXEMPT, eff 12-31-20Commissioner, Department of Safety
- (a) Requestors authorized to obtain motor vehicle record information shall complete form DSMV 505.
- (b) Requests may be submitted by mail or in-person, unless the requestor has established an account with the Department. Upon availability, requests may be e-mailed to fr@dos.nh.gov.
- (c) If an agent authorized by law is requesting information on behalf of an authorized user then s/he shall have on file at the department a certificate of authority or submit a certificate of authority with the request as specified in Saf-C 5603.
(d) For the purposes of RSA 260:14, V(a)(2):
- (1) A request pursuant to RSA 260:14, V(a)(2) shall be made by a party of the civil or criminal proceeding or an attorney representing a party of the civil or criminal proceeding;
- (2) For the purposes of (d)(1) above, the attorney shall submit a signed cover letter on the attorney’s firm’s letterhead. Where the attorney’s name is not listed on the firm letterhead, the requesting attorney shall provide his or her bar identification number;
- (3) Motor vehicle records shall not be released for pre-litigation discovery;
(4) If a request is being made for executing service of process, the requestor shall also provide the department with any of the following:
- a. A prepared writ; or
- b. A document from the court, postal office, sheriff department or service of processor that service of process could not be executed;
- (5) If a request is being made for the purposes of a civil or criminal proceeding in a court of proper jurisdiction, the requestor shall provide on DSMV 505 the docket number of the case and the name of the court where the action lies;
- (6) If a request is being made for the purposes of an administrative or arbitral proceeding, the requestor shall provide documentation from the agency or arbitral body of an upcoming hearing.
- (e) For the purposes of RSA 260:14, V(a)(3), “similar institution” may include any entity that in the normal course of business provides loans to individuals or other entities.
- (f) For the purposes of RSA 260:14, V(a)(5) and pursuant to RSA 260:14, VI(a) a towing company may not use an agent to obtain motor vehicle records under this provision.
- (g) For the purposes of RSA 260:14, V(a)(6), the requestor shall set forth on DSMV 505 the stated purpose under RSA 260:14, V(a), the request is being made.
- (h) For the purposes of RSA 260:14, V(a)(10), the requestor shall first provide written notice to the person who is the subject of the record being obtained.
Source. #6403, EXEMPT, eff 1-1-97; rpld and ss by #7361, EXEMPT, eff 9-1-00; ss by #7621, EXEMPT, eff 1-1-02; ss by #13152 EXEMPT, eff 12-31-20