(a) The commissioner shall consider the following when deciding to grant or deny a waiver:
- (1) Whether the driver-applicant is able to drive the type of commercial motor vehicle without any obstruction caused by his or her physical deficiency;
- (2) Whether the results of the medical examination and medical evaluation summary conclude that the driver-applicant's physical deficiency will not hinder his or her ability to drive safely for the duration of the medical waiver; and
- (3) Whether the driver-applicant's certified driver record includes moving violations, at-fault accidents, or both for the past 10 years.
- (b) The commissioner shall determine, pursuant to RSA 266:72-a, III and (a) above, whether it would or would not jeopardize public safety to grant a waiver.
Source. #8404, eff 8-2-05 (from Saf-C 908.10); ss by #10215, eff 10-25-12; ss by #13684, eff 7-17-23