N.H. Admin. Code § Tra 703.02

Current through Register No. 50, December 12, 2024

Section Tra 703.02 - Denial of Account Privileges

(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.

N.H. Admin. Code § Tra 703.02

Amended byVolume XXXIV Number 28, Filed July 10, 2014, Proposed by #10634, Effective 7/2/2014, Expires7/2/2024.

Amended by Number 28, Filed July 11, 2024, Proposed by #14009, Effective 7/3/2024, Expires 7/3/2034.