Section Saf-C 1006.07 - Re-Examination After Failure(a) In the event an applicant fails to complete an examination prescribed herein, no further examinations shall be administered on that date unless the director designates otherwise, as follows:(1) Criteria for allowing an additional test on a single day for an applicant shall include, but not be limited to:a. Malfunction of computer-based testing software, through no fault of the applicant;b. Weather conditions which would present a risk to the applicant or the motoring public; andc. Traffic conditions that would not allow for an applicant to demonstrate basic skill; and(2) The employee of the division who believes that a testing condition might exist that warrants a review by the director, shall initiate a request for a review to their supervisor, who shall forward the request to the director.(b) Notwithstanding Saf-C 1006.07(c) below, the applicant shall be advised of the specific reason(s) for failure. The director shall also designate a subsequent date for a reexamination, which shall be no sooner than 10 days after failure of the examination, unless the conditions outlined in (c), (e), or (h) apply, in which case no reexamination date shall be set.(c) If an applicant fails the road skills examination 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 5 hours of behind the wheel training with an approved NH driving school and 10 hours of documented supervised driving in accordance with NH RSA 263:25. No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day. (d) Upon submitting the required documentation in (c) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.(e) In the event an applicant fails the road skills examination an additional 3 times, no further road skills examinations shall be scheduled until the applicant has documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25. No more than one hour of documented behind the wheel training with an approved NH driving school shall occur per day. (f) Upon submitting the required documentation in (e) above, but no sooner than 10 days after the last road skills examination failure, the applicant shall be afforded an additional 3 attempts to pass the road skills examination.(g) In the case of an applicant who has failed a road skills examination pursuant to Saf-C 1006.02(b), no further road skills examinations shall be scheduled until the applicant has submitted documented evidence of completing 10 hours of behind the wheel training with an approved NH driving school and 20 hours of documented supervised driving in accordance with NH RSA 263:25, at which time Saf-C 1006.07(d) and (f) shall again apply.(h) Any applicant that has failed the road skills examination pursuant to Saf-C 1003.01, 9 times, shall be denied any further road skills examinations for a period of 3 months.(i) For the purpose of this section, an "approved NH driving school" means an entity meeting the requirements of RSA 259:26 and is licensed pursuant to Saf-C 3100.(j) For the purposes of this section, "documented" means a written log showing hours of supervised driving.(k) The provisions of this rule concerning eligibility for retesting shall be applied to applicants who have been barred from additional testing based solely on the number of previous attempts, or had reached a "final" test attempt prior to the adoption date of this rule.(l) For the purposes of this section, "behind the wheel training" means the applicant driving, as defined in RSA 259:25 while being trained by an instructor employed by an approved NH driving school.(m) For the purposes of this section, "supervised driving" means the applicant driving, as defined in RSA 259:25, while being supervised by a person meeting the requirements in RSA 263:25.N.H. Admin. Code § Saf-C 1006.07
#8109, eff 6-24-04; ss by #10176, eff 8-23-12
Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12614, Effective 8/23/2018, Expires 8/23/2028.Amended by Number 32, Filed August 10, 2023, Proposed by #13685, Effective 8/5/2023, Expires 8/5/2033 (see Revision Note at chapter heading for Saf-C 1000).