New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011



### The State of New

Hampshire Motor Vehicle Inspection and Maintenance State Implementation Plan Revision

Attachment V: Applicable NewHampshire Administrative Rules

Prepared by: The NewHampshire Department of Environmental Services Concord, NH November 1, 2011

" 1 DEPARTMENT OF 

## Environmental - Services

Attachment V: Applicable New Hampshire Administrative RulesNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Applicable NewHampshire Administrative Rules Table of Contents Saf-C 3200 Official Motor Vehicle Inspection Requirements .. . . . . .. . . .. .. .. .. .. .. . . .. .. . . .. .. . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . 2 PART Saf-C 3201 APPLICABILITY . . .. . . . .. . . .. . . .. . . . .. . . .. . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . .. . . .. . . .. . . . .. . .. . . .. . . .. .3 PART Saf-C 3202 DEFINITIONS.. . . .. . . . .. . . .. . . .. . . . .. . . .. . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . .. . . .. . . . .. . . .. . . .. . .. . . .. .3 PART Saf-C 3203 GENERAL INSPECTION INFORMATION. . . .. . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. .6 PART Saf-C 3204 APPLICATION FOR OFFICIAL INSPECTION STATION. . . .. . . .. . . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .. . . .. . .. .9 PART Saf-C 3205 APPROVAL PROCESS . Part Saf-C 3206.04 TOOLS AND EQUIPMENT .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . .. . . .. . . . .. .15 PART Saf-C 3207 INSPECTION STATIONS. . .. . . .. . . . .. . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . .. . . .. . . . . .17 Part Saf-C 3209 OBTAINING INSPECTION STICKERS. . . .. . . .. . . .. . . . .. . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . .18 PART Saf-C 3210 INSPECTION OF VEHICLE REGISTRATION ANDTIME FOR INSPECTION .. . . .. . . .. . .. . . .. . . . .. .22 PART Saf-C 3218 EXHAUST SYSTEM . . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . . .. .25 PART Saf-C 3220 EMISSIONS REQUIREMENTS. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . . . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .. . .. . . .. . . . .. .27 PART Saf-C 3222 ON-BOARD DIOAGNOSTIC SYSTEM .. . . .. . . .. . . . .. . . .. . . .. . . . . . . .. . .. . . . .. . . . .. . .. . . .. . . .. . . .. . . .. . .. . . .. . . . .. .29 PART Saf-C 3248 ADMINISTRATIVE FINES AND HEARINGS .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .. . .. . . .. . . . .. .36 Saf-C 5800 Roadside Diesel Opacity Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .39 PART Saf-C 5801 PURPOSE ANDSCOPE . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . .. . . . .. .40 PART Saf-C 5802 DEFINITIONS . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . .. . .. . .. . . . .. .40 PART Saf-C 5803 INSPECTION REQUIRED . . . .. . . . .. . . .. . . .. . . . .. . .. . . .. . . . .. . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . .. . .. . .. . . . .. .42 PART Saf-C 5804 TEST PROCEDURES ANDSTANDARDS. . .. . . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . . .. . .. . . . .. . .. . . .. . . .. .43 PART Saf-C 5805 ADMINISTRATIVE FINES. . .. . . . .. . . .. . . .. . . . .. . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . . . .. . .. . . . .. .46

Attachment V: Applicable New Hampshire Administrative Rules 1New Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011

New Hampshire Code of Administrative Rules, CHAPTER Saf-C 32001 Official Motor Vehicle Inspection Requirements

Applicable Sections

1 HTML version available at : http://www .gencourt.state.nh.us/ruies/state agencies/saf-c3200.html Attachment V: Applicable NewHampshire Administrative Rules 2New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3201- 3204 PART Saf-C 3201 APPLICABILITY Saf-C 3201 .01 Applicability. Unless otherwise stated in this chapter, these rules shall apply to passenger cars, trucks, combination vehicles, trailers and semi-trailers, motorcycles, farm and agricultural vehicles, antique vehicles and motorcycles, recreation vehicles, street rods and homemade vehicles. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3201 .02. Exemptions. (a) All vehicles owned by the federal government shall be exempt fromthese rules. (b) All new

vehicles or chassis shall be exempt fromthese rules, provided that the new vehicle or chassis is not offered for sale to persons other than the distributor or dealer, as follows :

(1) While in transit froma factory to a distributor or dealer; (2) While in transit froma distributor to a dealer; (3) While in transit from a dealer's warehouse or storage facility to his/her place of business; or (4) Delivered with a certificate of origin, until sold at retail, pursuant to RSA 266:1, VIII . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 PARTSaf-C3202 DEFINITIONS Saf-C 3202.01 "Commissioner" means "commissioner" as defined in RSA 259:13. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.02 "Department" means "department" as defined in RSA 259:19. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.03 "Director" means "director" as defined in RSA 259:20.

Attachment V: Applicable New Hampshire Administrative Rules 3New Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.04 "Homemade vehicle" means a vehicle made fromvarious parts of other vehicles so that the serial number of the body frame does not reflect the vehicle's identity. The term includes "composite vehicle", "reconstructed vehicle" and "kit car" . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07; ss by #9184, eff 6-20-08 Saf-C 3202.05 "Light-duty truck" means any motor vehicle with a gross vehicle weight rating of 8,500 pounds or less, a vehicle curb weight of 6,000 pounds or less and a basic vehicle frontal area of 45 square feet or less, which is: (a) Designed primarily for transporting property or derivation of such a vehicle; (b) Designed primarily for transporting persons and capable of seating more than 12 persons; or (c) Available with special features enabling off-street or off-highway operation and use. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3201 .051) ; ss by #9184, eff 6-20-08 Saf-C 3202.06 "Light-duty vehicle" means any passenger vehicle or derivation of such a vehicle capable of seating 12 persons or less. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3201 .052) ; ss by #9184, eff 6-20-08 Saf-C 3202.07 "Malfunction indicator light (MIL)" means the instrument panel light used by the on-board diagnostics systemto notify the operator of an emissions related fault . Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3201 .053) ; ss by #9184, eff 6-20-08 Saf-C 3202.08 "Motorcycle-only inspection station" means an inspection station authorized by the department to conduct only motorcycle safety inspections pursuant to RSA 266:1, V-a and not required to conduct on-board diagnostics-II emission testing pursuant to RSA 266:59-b. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.09 "Motor vehicle inspection station" means an inspection station authorized by the department to conduct motor vehicle safety inspections pursuant to RSA 266:1 .

Attachment V: Applicable New Hampshire Administrative RulesNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.10 "Multipurpose passenger vehicle" means any motor vehicle, except a trailer, designed to carry 10 persons or less and which has a maximum height of 30 inches from the manufacturer, measured fromthe bottomof the frame rails of the vehicle . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.11 "Newly registered vehicle" means: (a) Any vehicle registered for the first time after an assignment of ownership; (b) Any vehicle registered by the same owner whose previous registration for that vehicle has been expired for a period of longer than one year; or (c) Any vehicle transferring its registration to New Hampshire fromanother state. The termdoes not include registration renewals. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.12 "On-board diagnostics (OBD)" means the computer-based system required by the U.S. Environmental Protection Agency (EPA) in all 1996 and newer light-duty vehicles and trucks, designed to monitor the performance of certain major engine components, including those components responsible for controlling emissions. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3201 .081) ; ss by #9184, eff 6-20-08 Saf-C 3202.13 "On-board diagnostic scan tool" means a device used to communicate with the onboard diagnostics systemand that complies with the requirements of Society of Automotive Engineers (SAE) Recommended PracticeJ1978, April of 2002 and J1979, May of 2007. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3201 .082) ; ss by #9184, eff 6-20-08 Saf-C 3202.14 "Rake" means the angle, measured in degrees, of a motorcycle's steering axis in relation to a line which is perpendicular to the motorcycle's wheelbase . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.15 "Street rod" means "street rod" as defined in RSA 259:106-a. Attachment V: Applicable New Hampshire Administrative Rules 5New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.16 "Trail" means the distance measured in inches between the point at which the steering axis intersects with the ground in front of the motorcycle and the point at which the forward limit of the wheelbase intersects with the surface below the motorcycle. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3202.17 "Tread depth" means the amount of tread design on a tire including original, retread and recapped tread, and regrooved designs. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 PART Saf-C 3203 GENERAL INSPECTION INFORMATION Saf-C 3203.01 Items to be Inspected. (a) The items to be inspected on a vehicle, which are described in detail in subsequent parts, shall include the following primary areas:

(1) Registration, plates, registration certificate and vehicle identification number ; (2) Steering, front end and suspension; (3) Brakes, including parking brake; (4) Odometer and speedometer; (5) Electrical system, horn and defroster ; (6) Lights and reflectors, including headlight aim ; (7) Glass, glazing and mirrors; (8) Wipers; (9) Exhaust system

; (10) On-board diagnostics system ; (11) Body, chassis and bumper height ; (12) Fuel system

; and

Attachment V: Applicable NewHampshire Administrative RulesNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (13) Tires and wheels. Source. (See Revision Note #1 at chapter heading Saf-C 3200) #5250, eff 10-21-91 ; ss by #6603, INTERIM, eff 10- 18-97, EXPIRES: 2-15-98 ; ss by #6664, eff 12-30-97; ss by #7731, eff 7-26-02 (See Revision Note #2 at chapter heading Saf-C 3200) (formerly Saf-C 3202.02) ; ss by eff #9184, 6-20-08 Saf-C 3203.02 Manufacturer's Specifications. All inspection stations shall utilize technical service manuals and other information pertaining to safety standards provided by the manufacturer to determine the manufacturer's specifications for a particular vehicle . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3203.03 Inspection of Vehicles Owned by a Corporation. (a) The inspection of vehicles owned by a corporation, partnership or other legal entity shall be conducted during a month which is determined by using the first letter or number of the company name. (b) For the purposes of (a) above, "company name" shall not include articles such as but not limited to "the"

. "a" "as" and "an" unless the article constitutes the entire company name. (c) The annual inspection, pursuant to RSA 266:1, III, shall be conducted as set forth in Table 3200.1 .1 below

: Table 3200.1 .1 Annual Inspection Schedule Month First Letter or Number of Name January A-B; 1 February C ; 2 March D-E; 3 April F-G; 4 May H-I ; 5 June J-K-L; 6 July M ; 7 August N; 8 September O-P-Q ; 9 October R-S; 0 November T-U rDecember ~ V-W-X-Y-Z I (d) The semi-annual inspection, pursuant to RSA 266:1, IX, shall be conducted as set forth in Table 3200.1 .2 below

:

Attachment V: Applicable New Hampshire Administrative RulesNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 Table 3200.1 .2 Semi-annual Inspection Schedule Months First Letter or Number of Corporate Name January and July A-B; 1 February and August C; 2 March and September D-E April and October F-G; 4 May and November H-I ; 5 June and December J-K-L; 6 July and January M ; 7 August and February N ; 8 September and March O-P-Q ; 9 October and April R-S; 0 November and May T-U I December and June V-W-X-Y-Z Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3203.04 Early Inspectio n. (a) Pursuant to RSA 266:1, II-a, a mechanic shall perform an early inspection of a vehicle as follows: (1) The month in which the anniversary of the owner's birth occurs is one of the next 4

months; (2) The owner provides verification of his/her absence from NewHampshire during the entire anniversary month; and (3) The owner has already obtained an early registration with an expiration date of his/her birth month in the following year . (b) In the event the motor vehicle passes all the inspection requirements, the mechanic shall issue an inspection sticker with an expiration date of the birth month in the following year of the first person named on the registration application. (c) For the purposes of (a) above, the owner may be a trust . (d) A fleet inspection station that inspects 100 or more vehicles, registered or leased by the company, may inspect and affix inspection stickers to the vehicles from the first day of the period beginning one month prior to the expiration date of the current inspection stickers through the last day of the month of expiration. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative RulesNewHampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 PART Saf-C 3204 APPLICATION FOR OFFICIAL INSPECTION STATION Saf-C 3204.01 Applicant. (a) An applicant for an inspection station shall be the owner of the business, or in the case of a corporation, partnership or other legal entity, a person with specific written authorization to sign the application . (b) The applicant shall be 18 years of age or older . (c) An applicant for a fleet inspection station shall own or lease at least 15 legally registered vehicles required to be inspected. Copies of all lease agreements shall be provided to the department, upon request . Saf-C 3204.02 Application. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 (a) An applicant for an inspection station shall submit a completed form DSMV 24 to the department . (b) A separate formDSMV 24 shall be filed for each place of business. (c) An applicant shall furnish the following on formDSIVIV 24: (1) Corporate name; (2) Trade name; (3) Legal and mailing address; (4) List of all owners, partners and officers, including; a . Name; b. Home address; c. Home telephone number; d. Date of birth; e. Driver license number; and f. Title; (5) Days and hours of operation; (6) Length and width of inside garage dimensions; (7) Whether the applicant has all required tools and equipment ; (8) Whether the applicant complies with applicable building codes, zoning and other landuse regulatory ordinances;

Attachment V: Applicable New Hampshire Administrative RulesNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011

(9) List of all persons authorized to sign the inspection sticker requisition, including; a . Name; b. Driver license number; c. Sticker type; and d. Signature; (10) List of all authorized mechanics, including; a. Name; b. Home address; c. Date of birth; d . Home telephone number; e. Certificate number listed on the mechanic approval card; and f. Type of authorization; and (11) Signature of applicant, pursuant to Saf-C 3204.01(a) . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3204.03 Specification of Type. (a) The application shall state the following type of inspection station authorization requested : (1) Fleet; (2) Government ; (3) Automobile; (4) Motorcycle; or (5) Replacement glass. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable NewHampshire Administrative Rules 10New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements Part Saf-C 3205 APPROVAL PROCESS Saf-C 3205.01 Investigation. A lawenforcement officer authorized by the department shall contact the applicant, at his/her place of business, to determine if the applicant meets the requirements of Saf-C 3206.01 through Saf-C 3206.04.

Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07; ss by #9184, eff 6-20-08 Saf-C 3205.02 Local Notificat ion and Approval . (a) Upon receipt of a completed formDSMV 24, the department shall notify the town/city clerk in the municipality where the business is located. (b) The department shall allow10 working days for the local government to advise whether or not the applicant's business conforms with or is in conflict with existing zoning, building code or other land-use regulatory requirements. (c) In the event the local government fails to advise the department that the applicant is in compliance with the requirements of (b) above, a certificate of appointment shall not be issued until the department receives notification of compliance fromthe local government . (d) In the event the local government advises the department that the applicant is not in . compliance with the requirements of (b) above, a certificate of appointment shall not be issued, and the department shall notify the applicant, in writing, of the applicant's responsibility to contact the appropriate local board or officials.

Source . (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.03 Attendance at Ins ection School . (a) A management representative and all mechanics who seek approval to conduct inspections shall attend one session of the department's monthly inspection school which is held at 2:00 p .m . and 6:30 p.m

. on the first Tuesday of each month in the James Hayes Safety Building, 33 Hazen Drive, Concord, NH, or such other location as the director shall determine . Each mechanic shall also be required to attend refresher sessions of the monthly inspection school, as necessary. (b) In the event a mechanic is deficient in any area necessary to the completion of an inspection, the director shall require the mechanic to undergo re-training at the monthly inspection school .

Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.04 Mechanic Field Test .

Attachment V: Applicable New Hampshire Administrative Rules 11New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (a) Following attendance at the monthly inspection school, a law enforcement officer authorized by the department shall contact those seeking approval to conduct inspections to schedule an appointment for a trial inspection. (b) The person shall demonstrate his/her ability to inspect a motor vehicle based upon the inspection criteria contained in these rules. (c) Any mechanic who has not conducted inspections for a period longer than one year shall : (1) Attend the inspection school pursuant to Saf-C 3205.03; and (2) Meet the requirements of (b) above. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07; amd by #9184, eff 6-20-08 Saf-C 3205.05 Certificate of Appointm ent . (a) A certificate of appointment shall be issued when the inspection station: (1) Meets local approval, pursuant to Saf-C 3205.02; (2) Meets the requirements of Saf-C 3205.01 ; (3) Has approved personnel to conduct inspections, pursuant to Saf-C 3205.03 and Saf-C 3205.04; and (4) Pays the appropriate fee, pursuant to RSA 266:1, V(b) . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.06 Issuance of Certificate of Appointment . (a) Upon approval of an application, a certificate of appointment, containing a designated station number, shall be issued to the inspection station . (b) No inspections shall be conducted unless a certificate of appointment has been issued and at least one approved mechanic is on duty. (c) The inspection station shall prominently display the certificate of appointment at all times. (d) A certificate of appointment issued to a fleet inspection station shall authorize the station to inspect only those vehicles that are registered or leased to the fleet inspection station .

Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.07 Certificate of Appointment Not Transferred .

Attachment V: Applicable New Hampshire Administrative Rules ~12New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (a) Each certificate of appointment shall be limited to the person in whose name and place of business it has been issued . (b) A certificate of appointment shall not be transferred to any other person, business or location and shall not be altered or modified in any manner . (c) A certificate of appointment shall be presented to any lawenforcement officer authorized by the department upon demand or surrendered to the department, if required, after a hearing.

Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07; amd by #9184, eff 6-20-08 Saf-C 3205.08 Renew

al of Certificate of Appointment . (a) All inspection station certificates of appointment shall expire annually on September 30th. (b) In order to renew

a certificate of appointment, each inspection station shall : (1) Submit a completed formDSMV 24 to the department, pursuant to Saf-C 3204.02; and (2) Pay the appropriate fee, pursuant to RSA 266:1, V(b) . Source . (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.09 Approved Mechanic. (a) Each inspection station shall have at least one approved mechanic, pursuant to Saf-C 3205.03 and Saf-C 3205.04, to inspect vehicles. (b) A mechanic shall inspect only those types of vehicles for which he/she has been approved . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3205.10 Mechanic Approval Card. (a) Each mechanic authorized to conduct inspections pursuant to Saf-C 3205.03 and Saf-C 3205.04 shall be issued a mechanic approval card, form DSMV 168. (b) No mechanic approval card shall be issued to any person under the age of 18. (c) A mechanic approval card shall be presented to any lawenforcement officer authorized by the department upon demand or surrendered to the department, if required, after a hearing. (d) A mechanic approval card shall not be transferred to any other person, and shall not be altered or modified in any manner . (e) A mechanic approval card shall expire in the event the mechanic has not conducted inspections for a period longer than one year . Attachment V: Applicable NewHampshire Administrative Rules 13New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07; and by #9184, eff 6-20-08

Attachment V: Applicable New Hampshire Administrative Rules 14NewHampshire Motor Vehicle I/MSIP Revision

New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements Part Saf-C 3206.04 TOOLSAND EQUIPMENT (a) Each inspection station shall have the following tools and equipment : (1) A brake drumgauge; (2) Agauging device to measure the thickness of brake pads; (3) A ball joint gauge; (4) A lift orjack, capable of hoisting a vehicle to check its: a . Balljoints; b. Suspension linkage; c. Wheel play; d . Exhaust system

; e. Undercarriage; and f. Frame of the vehicle; (5) Tools necessary for the proper assembly and disassembly of any parts, which shall include: a. Hammers; b. Portable lights; c. Socket sets, including metric sizes; d. Wrenches, including open and box end ; e. Screwdrivers; and f. Electrical test lights; (6) Headlight aimer(s) or headlight board capable of determining the proper headlight angle of all vehicles to be inspected; (7) Tint meter, if the station inspects vehicles with tinted glass; (8) An on-board diagnostic scan tool authorized by the department capable of communicating with vehicles equipped with the OBDsystem ;

Attachment V: Applicable New Hampshire Administrative Rules 15NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011

(9) Computer software and hardware authorized by the department, if conducting electronic safety inspections; and (10) Any other tools necessary to conduct a proper vehicle inspection. Source. (See Revision Note #1 at chapter heading for SafC 3200) #5250, eff 10-21-91; ss by #6603, INTERIM, eff 10-18-97, EXPIRES: 2-15-98; ss by #6664, eff 12-30-97; ss by #7731, amd by #7731, eff 7-26-02; amd by #8530, INTERIM, eff 12-24-05, EXPIRED 6-22-06 (paragraph (a) and subparagraphs (b)(1)-(7)) ; amd by #8915, eff 6-22-07 (paragraph (a) and subparagraphs (b)(1)-(7)) (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3205.04) ; amd by #9184, eff 6-20-08

Attachment V: Applicable New Hampshire Administrative Rules 16New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C3207 INSPECTION STATIONS Saf-C 3207 .01 Days and Hours of Operation . (a) For the purposes of this section, "regular business hours" means the days and hours that an inspection station is open to conduct inspections. (b) Each inspection station shall set forth its regular business hours on form DSMV 24. The inspection station owner shall promptly informthe department, in writing, of any changes in its regular business hours . (c) An inspection station that will be temporarily closed for inspections for longer than one consecutive week at a time, shall notify the department, in writing, no later than 30 days prior to the date of temporary closure. (d) An inspection station closed pursuant to (c) above, shall informthe department of the name and telephone number of at least one person who will be available during the period of closure for the department to contact, in the event it is necessary to do so. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3207.02 Change of Ownership.

Attachment V: Applicable New Hampshire Administrative Rules 17NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTERSaf-C 3200 Official Motor Vehicle Inspection Requirements Part Saf-C 3209 OBTAINING INSPECTION STICKERS Saf-C 3209.01 Ordering Stickers. (a) All stickers shall be ordered, in writing, on form DSMV 142, or similar form . Electronic requests shall be accepted as long as the request contains the signature of a person authorized to order stickers. (b) The written request pursuant to (a) above shall include the following: (1) Inspection station number; (2) Type of sticker requested : a. Motor vehicle stickers and color; b. Motorcycle stickers and color ; or c. Monthly insert decals; (3) Name and address of business; (4) Number of stickers; and (5) Signature of person authorized to order stickers. (c) Each inspection station shall allow a period of 10 days for requests by mail to be processed . (d) Each fleet inspection station shall order a sufficient number of inspection stickers to allow themto inspect vehicles registered or leased in the name of the company, and vehicles registered to any listed corporate officials. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.02 Counter Service. (a) The department shall provide counter service in Concord or at any substation for inspection sticker purchases and to accept the return of unused stickers and sticker stub books. (b) Inspection stickers shall be sold to persons authorized by the inspection station on the form set forth in Saf-C 3209.01 . The names of additional persons authorized to purchase stickers shall be filed at the department, in writing. (c) Each person authorized to purchase inspection stickers who appears at the counter shall provide proper identification before obtaining any stickers . Attachment V: Applicable New Hampshire Administrative Rules 18NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (d) For the purposes of (c) above, "proper identification" shall include: (1) Driver license; (2) Military card; (3) Passport; or (4) Non-driver identification card, as long it contains a photograph. (e) Notwithstanding (c) above, inspection stickers shall be sold at the counter to persons not authorized on the prescribed form to purchase stickers, as long as the person produces a written request containing the signature of an authorized person, which is on file with the department . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.03 Pa. (a) All inspection sticker purchases shall be accompanied by the appropriate fee, pursuant to RSA 2.66:2. (b) Payment shall be in the formof cash, check, money order or accepted credit cards. (c) Checks and money orders shall be made payable to the "State of NewHampshire - DMV" . Alternative terms, including but not limited to "State of New Hampshire - Safety", "NewHampshire Department of Safety", "Treasurer - State of NewHampshire" or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the State of New Hampshire . (d) Payments received without a written request or requisition for inspection stickers shall be returned unprocessed. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.04 Safekeeping and Security. (a) Each inspection station shall immediately report possible errors, misprints, skips in numbering or missing stickers to the department . (b) Inspection stations shall not sell, loan or give stickers to any other station . (c) Each inspection station shall account for every sticker issued. Stickers shall be kept under lock and key and not accessible to the public.

Attachment V: Applicable New Hampshire Administrative Rules 19New Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (d) Each station owner shall return completed sticker booklets to the department no later than 30 days following the removal of the last valid sticker fromthe book. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.05 Control . (a) Inspection stickers shall not be transferred to any other station once issued to a purchasing station. (b) Inspection stickers shall only be affixed to the vehicle shown on the mechanic's work stub in the inspection booklet . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.06 Document Mailings . The department shall assume no responsibility for sticker stubs or books received with postage due . Inspection stations which make the mailings shall be responsible for full payment of postage. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.07 Credit for Unused Stickers. (a) Unused stickers shall be turned in for a credit voucher . (b) Damaged stickers shall be returned to the department but no credit voucher shall be issued. (c) No credit shall be allowed during a period in which any returned stickers are currently valid, unless the inspection station is going out of business. (d) No credit shall be allowed for inspection stickers older than the previous inspection period . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3209.08 Issuance of New Stickers. (a) New stickers shall be issued in minimumquantities of one full book. (b) A full book of motor vehicle stickers shall have 25 stickers. (c) A full book of motorcycle stickers shall have 30stickers. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative Rules 20New Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 Saf-C 3209.09 Missing Stickers. (a) In the event an inspection station owner discovers sticker(s) which are missing, he/she shall immediately notify the local police department . (b) The notification in (a) above shall include : (1) The number of missing or stolen stickers; and (2) The number listed on each missing or stolen sticker. (c) In addition to (a) above, the inspection station owner shall immediately contact the department and followup in writing . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative Rules 21NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3210 INSPECTION OF VEHICLE REGISTRATION ANDTIME FOR INSPECTION Saf-C 3210.01 Verification of Information . (a) Prior to inspecting any vehicle, the mechanic shall examine the registration certificate, plates, vehicle description and vehicle identification number . The mechanic shall advise the owner of any error . (b) The mechanic shall examine the registration certificate of any homemade vehicle to ensure the certificate shows the vehicle is registered as a composite and that the vehicle has a state issued vehicle identification number beginning with "NH" . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3210.02 Correction of Vehicle Identification Numb er (VIN) . (a) If the VIN on the registration certificate does not match the number on the VIN plate of the vehicle, the mechanic shall :

(1) Make corrections to the VIN on the registration certificate of up to 3 digits or 3 letters, by drawing a slash " / " mark through the incorrect digit or letter and placing the correct digit or letter above it; (2) Complete a correction slip, formDSMV 28C, and place it in a separate envelope marked "VIN corrections" to be forwarded to the department; (3) Furnish the following on formDSMV 28C : a. Plate number and type; b. Expiration date of plate; c. Owner's name, address and date of birth; d. Incorrect VIN

; e. Correct VIN; f. Mechanic's signature and date signed; and g. Inspection station name and address. (b) If more than 3 digits or 3 letters are incorrect on the VIN, corrections shall be made by the department . No inspection sticker shall be issued until the VIN has been corrected.

Attachment V: Applicable New Hampshire Administrative Rules 22NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (c) In the event a vehicle identification number plate is missing or has been tampered with, for example, is missing pop rivets, the mechanic shall reject the vehicle and notify the department . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3210.03 R

egistration Plates. (a) The mechanic shall inspect the registration plates and reject the vehicle if it fails to meet any of the following:

(1) The registration plates shall be securely mounted on the exterior of the vehicle in the locations provided by the manufacturer . Vehicles which display special number plates pursuant to RSA 261 :91 shall be inspected even though the registration certificate reflects a different number ; (2) When 2 registration plates are issued, one shall be mounted on the front of the vehicle and the second shall be mounted on the rear ; (3) If no location has been provided by the manufacturer, the registration plates shall be securely mounted with a bracket or comparable method in a visible location, and the rear plate shall be illuminated by a white license plate light when the headlights or parking lights are on; (4) The registration plates shall be mounted right side up; (5) If the ball of a trailer hitch is mounted in a manner that obscures the numbers or characters on the rear plate, the ball shall be removed or inverted so that the plate is not obscured; (6) The numbers, characters or identification of the plates as NewHampshire plates shall not be covered up or obscured; and (7) The color of the registration plates shall be the color issued by the department . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3210.04 Internatio nal Fuel Tax Agreement (IFTA) Validation Stickers. (a) A qualified motor vehicle which operates in New Hampshire and at least one other jurisdiction shall be rejected if it does not display valid IFTA stickers on the driver side and passenger side door . (b) For the purposes of (a) above, "qualified motor vehicle" means a motor vehicle which is used, designed or maintained for transportation of persons or property and which:

Attachment V

: Applicable New

Hampshire Administrative Rules 23New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (1) Has 2 axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds or 11,797 kilograms; (2) Has 3 or more axles; or (3) Is used in combination, when the gross vehicle weight or registered gross vehicle weight of such combination is in excess of 26,000 pounds or 11,797 kilograms. (c) For the purposes of (a) above, "qualified motor vehicle" shall not include recreation vehicles. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3210.05 Time for inspection. (a) Unless specifically stated otherwise in these rules, all passenger vehicles shall be inspected annually during the owner's month of birth or the month set forth in Saf-C 3203.02, for a corporation. (b) Recreation vehicles, as defined in RSA 259:84-a, shall be inspected annually, byJuly 1 of each year . (c) Notwithstanding (a) and (b) above, newly registered passenger and recreation vehicles shall be inspected within 10 days fromthe date of registration, pursuant to RSA 266:1, IV. (d) Notwithstanding (a) and (b) above, all new vehicles purchased at retail froma licensed dealer shall be inspected no later than 30 days after the date of transfer, pursuant to RSA 266:1, IV. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative Rules 24NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3218 EXHAUST SYSTEM Saf-C 3218.01 Inspecti on of Exhaust System . (a) The exhaust system, including the exhaust pipe, muffler, resonator, catalytic converter, tailpipe, hangers, brackets and all other component parts shall be inspected for leakage, improper fastening or excessive noise pursuant to RSA 266:59. (b) All vehicles shall be equipped with mufflers in good working condition and shall meet the requirements of RSA 266:59. (c) All replacement exhaust systems shall meet the requirements of RSA 266:59. Trucks that are not equipped with a camper or other enclosed structure for carrying passengers may be inspected without a tail pipe, as long as the muffler extends past the passenger compartment and has a down spout . (d) Avehicle shall be rejected if:

(1) It has no tailpipe or muffler ; (2) There are holes, rusted or worn surfaces in any component parts or supporting hardware; (3) There are loose or leaking joints or leaking seams in any section; (4) Any portion of the exhaust systemis not securely fastened; (5) Any portion of the exhaust systempasses through the passenger compartment or trunk; (6) Mufflerjackets or flexible pipe, which does not seal itself, is used in the exhaust system ; (7) The tail pipe end is pinched or damaged; (8) The muffler has loose or missing interior baffles, or holes which have been repaired with patches; (9) There is a muffler cut-out, muffler by-pass or similar device which allows excessive or unusual noise; or (10) Excessive fumes, smoke, flame, gas, oil or fuel residue escapes in violation of RSA 266:59. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3218.02 Outside Pipes. Attachment V: Applicable New Hampshire Administrative Rules 25NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (a) The outside pipe, side-pipe or exhaust pipe shall meet the following requirements: (1) The muffler shall be installed according to the vehicle manufacturer's specifications and shall not give off excessive noise, fumes, smoke, flame, gas, oil or fuel residue, pursuant to RSA 266:59; (2) No exhaust gases shall enter the passenger compartment ; (3) Any flexi-type exhaust piping shall be self-sealing, free of leaks, holes, patches or defects, properly fastened to the vehicle and used only on the exhaust side of the emission control system

; and (4) No portion of the exhaust systemor exhaust pipe shall extend, in a horizontal direction, beyond the limits of the vehicle's fender wells without heat shielding. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable NewHampshire Administrative Rules 26New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3220 EMISSIONS REQUIREMENTS Saf-C 3220.01 Positive Crankcase Ventilation (PCV) . (a) A PCV valve shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture. (b) A vehicle shall be rejected if: (1) The PCVvalve is missing; (2) It is plainly obvious that the PCV valve does not function; or (3) Any hoses associated with the PCV systemare missing or do not function. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3220.02 Air Iniection Pump/Pulse Air System . (a) The air injection pump/pulse air system shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture . (b) Avehicle shall be rejected if: (1) The air injection pump/pulse air system is missing; (2) It is plainly obvious that the air injection pump/pulse air systemdoes not function; or (3) Any hoses associated with the air injection pump/pulse air systemare missing or do not function. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3220.03 Inspection of Fuel System . In addition to Saf-C 3219.01(a)(3), a vehicle shall be rejected if the fuel filler cap is:

(1) Missing; (2) Loose; (3) Degraded to the point that vapors could escape; or (4) Improperly fitted.

Attachment V: Applicable New Hampshire Administrative Rules 27New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011

Saf-C 3220.04 Evaporative Canister . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 (a) An evaporative canister shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture. (b) Avehicle shall be rejected if: (1) The evaporative canister is missing; (2) It is plainly obvious that the evaporative canister does not function; or (3) Any hoses, wires or cables associated with the evaporative canister are missing or do not function. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3220.05 Inspecti on of Exhaust System . (a) A catalytic converter shall be required on all vehicles less than 20 model years old, if so equipped at the time of manufacture . (b) Avehicle shall be rejected if: (1) The catalytic converter is missing; or (2) It is plainly obvious that the catalytic converter does not function.

Saf-C 3220.06 Replacement Parts. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 (a) An inspection station shall make a reasonable effort to obtain replacement parts for equipment set forth in RSA 266:59-b, I(a)(1) through (5) . For the purposes of this rule, "reasonable effort" means any combination of 3 telephone calls to parts dealers, original equipment manufacturers or other secondary market sources. (b) If replacement parts are unavailable, the inspection station shall so indicate on the inspection formand the vehicle shall pass that portion of the inspection. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative Rules 28New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire Code of Administrative Rules, CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3222 ON-BOARD DIOAGNOSTIC SYSTEM Saf-C 3222.01 Applicabilitv. (a) Notwithstanding Saf-C 3203.01(a)(10), the OBD inspection pursuant to this part shall apply to the following vehicles :

(1) Model year 1996 and newer light-duty gasoline vehicles and light-duty gasoline trucks; and (2) Model year 1997 and newer light-duty diesel vehicles and light-duty diesel trucks. (b) The year of the engine, as specified by the manufacturer, shall determine whether an OBD inspection is required pursuant to (a) above. Newengines, as specified by the manufacturer, built to replicate older model vehicle engines, shall be considered to be the year of the engine being replicated. (c) Notwithstanding Saf-C 3203.01(a)(10) or any other rule to the contrary, the OBD inspection pursuant to this part shall not apply to the following vehicles:

(1) Street rods, if equipped with an engine manufactured prior to the year 1996; (2) Replicas, if equipped with an engine manufactured prior to the year 1996; (3) Motorcycles; or (4) Vehicles 20 or more model years old . Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3223.01) ; ss by #9184, eff 6-20-OS Saf-C 3222.02 Definitions. For the purposes of this part, the following definitions shall apply: (a) "Data link connector" (DLC) means the physical connector/electrical interface between the vehicle's OBD system and the OBD scan tool or other communications equipment authorized by the department . (b) "Diagnostic trouble code" (DTC) means the 5 digit alpha-numeric fault codes set forth in SAE J2012, December of 2007, which identify the component or components that cause illumination of the MIL. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3223.02) ; ss by #9184, eff 6-20-08 Saf-C 3222.03 0BD Inspection. (a) All OBD inspections shall be conducted in accordance with the requirements of 40 CFR 85.2222. (b) All results of the OBD inspection shall be reported to the department electronically. Attachment V: Applicable New Hampshire Administrative Rules 29New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (c) The mechanic shall furnish the following to the department electronically: (1) Date of inspection; (2) Inspection station name and certification number ; (3) Mechanic's name and identification number; (4) The vehicle's : a . Year of manufacture; b. Make;

) c. Model ; d . Fuel type; e. Mileage; f. Vehicle identification number; and g. Registration plate number; (5) Make and model of scan tool ; (6) Indication as to whether the DLC is missing, has been tampered with, is damaged or is inoperable;

a . The MIL is commanded on or off; b. The MIL is illuminated with ignition key in "key on engine off" position; c. The MIL is illuminated with engine running; and d . The vehicle can communicate with the scan tool ; (8) Support and readiness status of the : a. Catalyst monitor; b. Heated catalyst monitor ; c. Evaporative systemmonitor; d. Exhaust gas recirculation (EGR) monitor; e. Oxygen (02) sensor(s) monitor(s) ; f. Heated 02 sensor(s) monitor(s) ; g. Secondary air monitor; and Indication as to whether :

Attachment V: Applicable New Hampshire Administrative Rules 30New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011

h. A/C refrigeration monitor, if vehicle is so equipped; (9) Diagnostic trouble codes, if applicable; (10) OBDdiagnostic inspection results; (11) Sticker number; and (12) Repairs made, if applicable. (d) A vehicle subject to the OBD inspection shall be rejected if: (1) The DLC is missing, has been tampered with, is damaged or is otherwise inoperable; (2) The MIL does not illuminate with the ignition key in the "key on, engine off" position; (3) The MIL is illuminated when the engine is running; (4) The MIL is commanded "on" for one or more OBD diagnostic trouble codes; (5) The MIL is commanded to be illuminated and does not visually illuminate; (6) Monitors reveal a "not ready" status in accordance with (e) below ; or (7) The vehicle cannot communicate with the scan tool . (e) A vehicle shall be rejected for testing, and the customer shall be instructed to return after the vehicle has been run under conditions that allow completion of all applicable on-board tests if: (1) A scan of the OBD system reveals a "not ready" status for 3 or more monitors on manufacture years 1996 through 2000vehicles, inclusive; or (2) A scan of the OBD system reveals a "not ready" status for 2 or more monitors on manufacture years 2001 and newer vehicles. (f) If a vehicle is rejected pursuant to (d) or (e) above and the vehicle fails to return for and pass an inspection by the sixtieth day following the inspection, the mechanic shall furnish the following to the department electronically:

(1) Date of inspection; (2) Inspection station name and certification number; (3) Mechanic's name and identification number; (4) The vehicle's: a . Year of manufacture; b. Make; c. Model ; and d . Vehicle identification number; Attachment V: Applicable New Hampshire Administrative Rules 31New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (5) A list of diagnostic trouble codes and readiness items that were cause for rejection(s) ; and (6) Date vehicle due to be reinspected/repaired, which shall be no later than 60 days fromthe date of inspection. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3223.03) ; ss by #9184, eff 6-20-08 Saf-C 3222.04 Tampering With the Emission Control Systemof a Vehicle. (a) For the purposes of this section, "tamper with" means to permanently remove, bypass, defeat or otherwise render inoperable, any portion of an emission control system, including software, that is installed in or on a motor vehicle . (b) If, during a safety inspection or OBD inspection, a mechanic determines that any portion of an emission control system has been tampered with pursuant to (a) above, the mechanic shall report, in writing, the details of such tampering to the department . (c) Upon receipt of a report pursuant to (b) above, the department shall notify the EPA for any action it deems appropriate . (d) If a mechanic tampers with any portion of an emission control systempursuant to (a) above, the mechanic shall be subject to an administrative hearing pursuant to RSA 266:1, XI(a) and PART Saf-C 3248. Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3223.04); ss by #9184, eff 6-20-08 Saf-C 3222.05 Test Results. (a) The inspection station shall provide the customer with a printed report containing the same information as required in Saf-C 3222.03(b), including the following :

(1) The 01313-related diagnostic trouble codes retrieved that are cause(s) for rejection; (2) The name of the component or system associated with each diagnostic trouble code retrieved; and (3) Whether the MIL is commanded "on" or "off' . Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C 3223.05) ; ss and renumbered by #9184, eff 6-20-08 (from Saf-C 3222.04) Saf-C 3222.06 Exemptions fromReiection Criteria .

Attachment V: Applicable NewHampshire Administrative Rules 32New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (a) The following vehicles shall not be rejected for inspection due to "readiness" status as set forth in Saf-C 3222.03(d) :

(1) All new

vehicles with an odometer reading of less than 1000 miles; (2) All vehicles whose model year is the current calendar year minus one or newer; (3) All models of 1996 Subaru; (4) All models of 1996-1998 Mitsubishi ; (5) Chevrolet Tracker, model years 1996 and 1997; (6) Dodge Viper, model year 2003; (7) Ford Probe GT, model years 1996 and 1997; (8) Hyundai Accent, model years 1996 and 1999; (9) Hyundai Elantra, model years 1996 and 1999; (10) Hyundai Sonata 2.OL engine only, model years 1996-1998; (11) Kia Sephia, model year 1996; (12) (13) (14) (15) (16) (17) Kia Sportage, model year 1996; Mazda Protege, model year 1996 ; Plymouth Breeze, model year 2000 ; Porsche 911, model years 1996 and 1997; Saab 900/9000, model years 1996 and 1997; Suzuki Sidekick, model year 1996 ; (18) Volvo 850, model years 1996 and 1997; (19) Volvo 850 turbo, model year 1996; (20) Volvo S70, model year 1998 ; (21) Volvo S90, model year 1998 ; (22) Volvo V70, model year 1998 ; and (23) Volkswagen Passat, model year 1996 . (b) The vehicles set forth in (a) above are subject to all other OBD inspection requirements set forth in Saf-C 3222.03(c) . Source. #7731, eff 7-26-02 (See Revision Note #2 at chapter heading for Saf-C 3200) (formerly Saf-C

Attachment V: Applicable New Hampshire Administrative Rules 33New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 3223.06) ; ss and renumbered by #9184, eff 6-20-08 (fromSaf-C 3222.05) Saf-C 3222.07 Electronic Administrator's Certificate. (a) Any vehicle that does not pass an OBD inspection due to issues as specified by the manufacturer, yet meets all other safety inspection requirements, shall be eligible for an administrator's certificate, upon consultation with and agreement by the EPA, which shall be maintained electronically. (b) An electronic administrator's certificate shall : (1) Permit an inspection station to issue a valid inspection sticker for the vehicle until the next inspection is required pursuant to RSA 266:1 ; and (2) Be non-transferable. (c) An inspection station shall be permitted to reissue an electronic administrator's certificate at each ensuing inspection for the same vehicle as long as the requirements of (a) above are met . Source. #9184, eff 6-20-08 Saf-C 3222.08 Econo mic Hardship Waiver . (a) Pursuant to RSA 266:59-b, V, if a vehicle has failed the OBD inspection, yet meets all other safety inspection requirements, a person who cannot make the necessary repairs due to economic hardship may apply to the division for an economic hardship waiver . (b) An applicant for an economic hardship waiver shall submit the following to the department on the prescribed form : (1) Description of vehicle, including: a. Manufacturer; b. Year and model ; and c. Vehicle identification number (VIN) ; (2) Approximate number of miles driven per year ; (3) Name and address of employer, if applicable; (4) Complete list of all forms of annual financial income from all sources; (5) Complete list and description of any other motor vehicles owned by the applicant ; (6) A detailed explanation as to the reasons why necessary OBD repairs constitute an economic hardship; and (7) Signature of applicant under the penalty of unsworn falsification.

Attachment V: Applicable New Hampshire Administrative Rules 34New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (c) The applicant shall provide a copy of the report generated by the inspection station that indicates that the vehicle has passed the safety inspection and identifies the reason(s) for the OBD failure, when the application is submitted . (d) The applicant shall provide a copy of at least one estimate from a recognized repair technician of the cost to complete the necessary OBD repairs, when the application is submitted. (e) All applications for an economic hardship waiver shall be submitted to the OBD program assistant, department of safety, division of motor vehicles, 23 Hazen Drive, Concord, NH 03305. (f) The director shall grant or deny the completed application for an economic hardship waiver, establishing the broadest possible waiver for applicants, in accordance with RSA 266:59-b. (g) The division shall notify the applicant, in writing, whether the economic hardship waiver has been granted or denied. The director's decision shall be final . (h) If the economic hardship waiver is granted, the person shall keep the waiver in the vehicle at all times . (i) An economic hardship waiver shall be valid for a period of one year and shall not be renewed for that vehicle, including in the event thevehicle has a transfer of ownership. Source. #9184, eff 6-20-08 Saf-C 3222.09 Exemption from Visual Inspect ion Requirements. (a) Vehicles that are subject to the OBD inspection, pursuant to this part, shall be exempt from the following visual inspections:

(1) PVCvalve, pursuant to Saf-C 3220.01 ; (2) Air injection pump/pulse air system, pursuant to Saf-C 3220.02; (3) Fuel system, pursuant to Saf-C 3220.03; (4) Evaporative canister, pursuant to Saf-C 3220.04; and (5) Exhaust, pursuant to Saf-C 3220.05. Source. #9184, eff 6-20-08 (fromSaf-C 3222.06)

Attachment V: Applicable New Hampshire Administrative Rules 35NewHampshire Motor Vehicle I/MSIP Revision

New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire Code of Administrative Rules, CHAPTER Saf-C3200 Official Motor Vehicle Inspection Requirements PART Saf-C 3248 ADMINISTRATIVE FINESAND HEARINGS Saf-C 3248.01 Ad ministrative Fines. (a) For the purposes of this section, a violation means one or more infractions cited as a result of a single reviewor visit to the inspection station on a specific date. (b) For the purposes of establishing a subsequent violation, the subsequent violation shall have occurred within 3 years fromthe date of the final administrative disposition of the previous violation. . (c) In the event a hearings examiner recommends a fine as a matter of disposition after a hearing, the fine shall not take effect until the commissioner approves it. (d) In the event a fine is imposed pursuant to (c) above, the order fromthe hearings examiner shall state that payment shall be made within 30 days of receipt of the order. (e) For the purposes of (d) above, an order shall be sent by first class mail and receipt shall be presumed to have occurred 3 days after the order is mailed . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3248.02 Payme nt of Fines. (a) In the event a fine is imposed, an inspection station shall pay the fine in full within 30 days of receipt of the order . Fines may be paid by mail or in person. (b) In the event a fine is paid by mail, payment shall be in the formof a personal check, cashier's check or money order . All payments of fines by mail shall be addressed to:

Department of Safety Administrative Fine Payment James H. Hayes Building 33 Hazen Drive Concord, NH 03305 (c) In the event a fine is paid in person, it shall be made at the department at 33 Hazen Drive, Concord, NH 03305, room 108. Payment shall be made in the formof cash, a personal check, cashier's check or money order . (d) For the purposes of (b) and (c) above, all checks or money orders shall be made payable to "NewHampshire Department of Safety" or "NH Department of Safety" . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V: Applicable New Hampshire Administrative Rules 36New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Saf-C 3248.03 Protested Checks. (a) When any check is in payment of a fine and returned to the department as uncollectible: (1) The check shall not be redeposited; and (2) The business office shall forward an advisory letter to the signer of the check which contains: a. Notification that the check has been returned and the reason; b. Notification that the check cannot be redeposited; c. A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a; d. Notification that payment shall be made by certified check, money order or cash; e. Notification that payment made by mail, it shall be by certified check or money order ; and f. Notification that payment shall be made payable to "State of NewHampshire - Administrative Fine Payment", and addressed to: Department of Safety Business Office James H. Hayes Building 33 Hazen Drive Concord, N.H. 03305 (b) Nothing contained in this rule shall preclude the department from : (1) Pursuant to Saf-C 211 .01, suspending any vehicle registered to an inspection station that issued a bad check; or (2) Pursuant to RSA 638:4, seeking criminal prosecution of any person or inspection station that issued a bad check. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3248.04 Nonpayment of Fines. (a) In the event the department does not receive a fine payment by its due date, the department shall send notice to the inspection station to appear at an administrative hearing to showcause why all inspection station privileges should not be suspended for nonpayment of the administrative fine. above.(b) The hearing shall be scheduled no earlier than 14 days from the date of the notice in (a)

Attachment V: Applicable New Hampshire Administrative Rules 37NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (c) The hearing shall be limited to whether the administrative fine was paid. (d) In the event the hearings examiner finds that an inspection station has not paid its administrative fine, the inspection station's privileges shall be suspended pending receipt by the department of the administrative fine paid in full . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3248.05 Appeal of an Administrative Fine. (a) Any appeal froman administrative fine shall be in accordance with the provisions of RSA 541 . (b) Any appeal filed pursuant to this section shall not suspend payment of the fine. (c) In the event a fine is overturned on appeal, the department shall, pursuant to the court's order, refund the fine within 30working days of the receipt of the court's order . Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07 Saf-C 3248.06 Administrative Hearing. (a) Upon receipt of information as specified in RSA 266:1, XI(a), the director shall provide the inspection station and/or mechanic with an opportunity for an administrative hearing. (b) Hearings shall be conducted in accordance with the provisions of Saf-C 203. (c) The scope of the hearing shall be limited to a determination of whether the inspection station and/or mechanicviolated any provision of the inspection laws or these rules. (d) After a hearing, a hearings examiner shall suspend the inspection station's privileges and/or mechanic approval card if there is a finding that the inspection station and/or mechanic violated any provision of the inspection laws or these rules or shall impose an administrative fine as set forth in Saf-C 3248.01 . Pursuant to RSA 266:1, XI(a), a hearings examiner shall not impose both an administrative fine and suspension of the inspection station's privileges in the same proceeding. (e) A hearings examiner shall determine the appropriate sanction based upon the following factors : (1) The severity of the offense;

(2) The number of offenses committed; and (3) Whether the inspection station and/or mechanic has committed prior offenses. Source. (See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

Attachment V

: Applicable New

Hampshire Administrative Rules 38New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011

New Hampshire Code of Administrative Rules, CHAPTER Saf-C 58002

Roadside Diesel Opacity Inspection Applicable Sections

Z HTML version available at : http://www .gencourt .state.nh.us/rutes/state agencies/saf-c5800.html Attachment V: Applicable New Hampshire Administrative Rules 39NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire Code of Administrative Rules, CHAPTER Saf-C 5800 Roadside Diesel Opacity Inspection PART Saf-C 5801 PURPOSE AND SCOPE Saf-C 5801 .01 Statement of Intent . The purpose of these rules is to implement a roadside heavy-duty diesel emissions testing programmandated by the New Hampshire Legislature as part 1998 NH Laws 207. The law

was passed pursuant to the State's agreement with the Federal Environmental Protection Agency on an overall clean air strategy under the provisions of the federal Clean Air Act Amendments of 1990 . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5801 .02 Applicability. These rules shall apply to all diesel powered motor vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or more and all diesel-powered buses manufactured to carry 25 or more passengers, whether these vehicles are registered in New Hampshire or anotherjurisdiction . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5801 .03 Incorporation by Reference. Diesel smoke opacity testing shall be conducted in accordance with The Society of Automotive Engineers' (SAE) J1667 "Snap Acceleration Smoke Test Procedure." Source. #6887, EXEMPT, eff 1-1-99 PART Saf-C 5802 DEFINITIONS Saf-C 5802.01 Construction of Terms. For the purposes of this rule, the following words and terms have the following meanings when used in the text of the rule. Other technical terms that may be used in the rule in reference to the SAE 11667 test procedure but not defined herein, shall have the meanings defined in the SAE J1667 test procedure. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.02 "Black smoke" means smoke emitted fromthe exhaust stack of a diesel-powered vehicle that has a darkvalue with no color hues other than black. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.03 "Blue smoke" means smoke emitted fromthe stack or engine area of a diesel-powered vehicle that, using the visible light spectrumas a guide, displays an obvious hue of the color blue. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.04 "Commissioner" means the Commissioner of the Department of Safety. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.05 "Department" means the NewHampshire Department of Safety. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.06. "Diesel-powered" means a vehicle using diesel fuel and a compression ignition type engine . Source. #6887, EXEMPT, eff 1-1-99

Attachment V: Applicable New Hampshire Administrative Rules 40New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Saf-C 5802.07 "Director" means the director of the New Hampshire Division of Motor Vehicles. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.08 "Division" means New Hampshire Division of Motor Vehicles.

Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.09 "Driver" means the person driving the vehicle at the time of pullover. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.10 "Emissions" or "exhaust emissions" means any substances, including liquids and solids, emitted in the gaseous streamreleased into the atmosphere fromany opening downstream fromthe exhaust ports of a motor vehicle engine. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.11 "Exhaust stack diameter" or "stack diameter" means the diameter of the appropriate portion of the vehicle's exhaust piping, as determined by the SAE J1667 test procedures, that may be measured and entered into the smokemeter as part of the diesel opacity test . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.12 "Governor" means a device on the diesel engine installed by the manufacturer for the purposes of limiting maximum engine RPM

. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.13 "Gross vehicle weight rating" or "GVWR" means the weight specified by the manufacturer as the maximumloaded weight of a single or combination vehicle. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.14 "Heavy-duty diesel vehicle" or "HDDV" means a diesel-powered vehicle or bus with a GVWR of 10,000 pounds or more. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.15 "Opacity" means the extent to which black exhaust, as measured by a smokemeter and expressed as a percentage, blocks the transmission of light (e .g., smoke that completely blocks out all light has 100%opacity) . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.16 "Owner" means the person or business entity that owns, leases or is otherwise primarily responsible for the registration, operation and maintenance of the subject vehicle . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.17 "Quick Screen" means the process by which a subject vehicle initially selected for pullover may be exempted fromthe full SAE J1667 test procedure by performing two "snaps" of the accelerator pedal and displaying no visible black smoke. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.18 "SAE J1667" means the Society of Automotive Engineers' J1667 Snap Acceleration Smoke Test Procedure recommended for diesel smoke opacity testing. Source. #6887, EXEMPT, eff 1-1-99

Attachment V: Applicable New Hampshire Administrative Rules 41New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Saf-C 5802.19 "Smoke" means the emissions, including any solid or liquid substance, released into the . atmosphere as a result of combustion. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.20 "Smokemeter" means a device used for the measurement of the smoke or exhaust emissions of a diesel-powered motor vehicle. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.21 "Snap acceleration" means the SAE J1667 test procedure and refers to the rapid depression of the accelerator pedal by the vehicle operator in order to reach maximum governed RPM as part of the test . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5802.22 "Subject vehicle" means any vehicle that may be subject to testing as listed in Saf-C 5801 .02 and not otherwise exempted fromtesting. Source. #6887, EXEMPT, eff 1-1-99 PART Saf-C 5803 INSPECTION REQUIRED Saf-C 5803.01 Vehicle Inspection. (a) All heavy-duty diesel-powered trucks, and all diesel-powered buses manufactured to carry 25 or more passengers operating on the highways, roads and public ways of New Hampshire may be subjected to roadside diesel opacity testing. (b) Testing shall be performed by officers of the NewHampshire State Police Bureau of Highway Enforcement, in cooperation with the Air Resources Division of the Department of Environmental Services. (c) Testing shall be conducted as part of normal Bureau operations, either in conjunction with Motor Carrier Safety Assistance Program (MCSAP) inspections or other heavy duty vehicle enforcement duties. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5803.02 Exemptions. (a) The following HDDVs shall be exempt fromthe SAE 11667 test procedure: (1) All federal vehicles, including military vehicles. (2) Vehicles that pass the initial "Quick Screen" process upon being selected for pullover . (3) Vehicles that have: a. Within the previous year, passed a diesel opacity test in New Hampshire or any other state that conducts opacity testing, and b. Can present written record of such a passed diesel opacity test, or c. Within the previous year have failed a diesel opacity test in New Hampshire or any other state that conducts diesel testing and can present written record of repairs appropriate to an emissions violation.

Attachment V: Applicable New Hampshire Administrative Rules 42NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (b) Notwithstanding (a), above, officers may require an opacity test of any subject vehicle that appears to be emitting visible black smoke such that said vehicle would otherwise not qualify for an exemption under the Quick Screen procedure described in Saf-C 5804.02, below . (c) The Commissioner may make provisions for recognizing the results of opacity tests substantially similar to the SAE J1667 test procedure that within the previous 12 months have been performed by other states or provinces on a subject vehicle selected for pullover in New Hampshire . Source. #6887, EXEMPT, eff 1-1-99 PART Saf-C 5804 TEST PROCEDURES ANDSTANDARDS Saf-C 5804.01 Initial Pullover. (a) Subject vehicles shall be selected for pullover as part of normal operations. (b) Vehicles shall be observed for smoke. (c) Vehicles emitting visible black smoke will be designated for the full SAE J1667 test procedure. (d) Vehicles emitting no obvious black smoke upon pullover will be permitted to attempt to Quick Screen, as described in Saf-C 5804.02 Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.02 Q

uick Screen Test . (a) In the absence of visible smoke, vehicles selected for pullover shall be permitted to attempt to "quick screen" before the undergoing the SAE J1667 test procedure. (b) The Quick Screen shall consist of two "snaps' of the accelerator as described in the SAE 11667 test procedure. Source: #6887, EXEMPT, eff 1-1-99 Saf-C 5804.03 Passing the Quick Screen Test . (a) Vehicles that display no visible black smoke shall be deemed to have passed the Quick Screen. (b) Said vehicles shall provide the administering officer with the data and information listed in Saf-C 5804.09(c) . (c) Said vehicles shall receive a pass indication on the Diesel Opacity Results and Information form . (d) Vehicles that pass the Quick Screen shall not have to undergo the SAE J1667 test procedure. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.04Quick Screen Test . (a) Vehicles that display visible black smoke shall be deemed to have failed the Quick Screen. (b) Said vehicles shall be directed to undergo the full SAE J1667 test procedure. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.05 Opacity Test . (a) The general diesel smoke emissions test procedure shall be the SAE J1667 test procedure, also known as the "snap acceleration diesel smoke opacity test ."

Attachment V: Applicable New Hampshire Administrative Rules 43New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (b) The following summary table of the SAE J1667 test procedure is provided solely as a reference. For the purposes of this rule, the test procedure shall be the SAE J1667 test procedure noted in 3(a) . The summary of this procedure is as follows:

Table 1, Summary of Test Procedure (1) Chock wheels. (2) Measure exhaust stack diameter and enter in test equipment, if necessary. (3) Insert exhaust probe in stack. (4) Disengage brakes. (5) Place transmission in neutral . (6) Driver "snaps" the accelerator and holds at governed speed for several seconds, then returns to idle speed . Snap acceleration procedure is repeated a minimumof five times. (7) Average three last readings to determine pass or fail . (8) Driver is given Pass/Fail result on test form . Source . #6887, EXEMPT, eff 1-1-99 Saf-C 5804.06 Mod ification of Procedures. (a) The Department may modify or depart fromportions of these procedures so long as:

. (1) The modifications do not represent an unreasonable departure fromthe SAE 11667 test procedure, or (2) The modifications are the result of recommendations by the test equipment manufacturer, or (3) The modifications are the result of recommended changes in SAE J1667 procedures . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.07 Certification of Troopers. State troopers administering the opacity test shall have received training fromthe equipment vendor and shall be certified by the vendor as being trained in the performance of the test . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.08 Opacity Standards. Avehicle will pass the opacity test if its smoke measurement is at or below the following levels for the model years indicated : Table 2. Opacity Standards

Attachment V

: Applicable New

Hampshire Administrative Rules 44NewHampshire Motor Vehicle I/MSIP Revision

New Hampshire Departments of Safety and Environmental Services May 12, 2011

Opacity Level Model Year of Truck e l 40% ~ 1991 and newer ,

~~ ~ 55% 1974 to 1990

, 70% 1973 and older Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5804.09 Opacity Test Forms. (a) Drivers of vehicles that undergo the opacity test shall be given a copy of their test results. (b) The formgiven to the operator shall contain at a minimumthe following information : (1) Date of inspection; (2) Time (start and finish) ; (3) License plate number ; (4) Test standards; (5) Test results in percentage; (6) Pass/fail indication; (7) Information on fine payment and administrative hearings; (8) Information on repairs; (c) The formto be filled in and kept by the Department shall include the following information: (1) Date of inspection; (2) Inspector's name or identification number; (3) Start time of inspection; (4) Ending time of inspection; (5) Vehicle's State of registration; (6) Vehicle make; (7) Vehicle year of manufacture; (8) Vehicle identification number (VIN) ; (9) Gross vehicle weight rating (GVWR) ; (10) Engine make; (11) Mileage; (12) Stack diameter ; (13) Emissions test result in percentage (opacity) ;

Attachment V: Applicable New Hampshire Administrative Rules 45NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (14) PASS or FAIL indication; (15) Quick Screen result . Source. #6887, EXEMPT, eff 1-1-99 PART Saf-C 5805 ADMINISTRATIVE FINES Saf-C 5805.01 Fines. (a) The Department may impose administrative fines upon the owner of any vehicle that fails the roadside opacity test . (1) The fine for the first violation shall be $100 . (2) The fine for a second violation within one year of the first violation, not to be imposed earlier than 60 days fromthe date of the first violation, shall be $300 . (3) The fine for a third or subsequent violation within one year of the first violation shall be not more than $500 . (b) All fines assessed pursuant to this rule shall be payable to the Department and shall be deposited in the highway fund . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5805.02 Paym

ent of Fine. (a) The owner of any vehicle cited for a violation of diesel opacity standards under the provisions of this rule may, within 30 days of the violation pay the designated fine by mail, in person, or by phone. (b) Payment of the fine shall be deemed a waiver of the right to request a hearing. (c) If a fine is paid by mail, payment shall be in the formof a personal check, cashier's check, money order, or by providing a credit card number, expiration date, and name of the card holder . All payments of fines by mail shall be addressed to: "Department of Safety Administrative Fine Payment 10 Hazen Drive Concord, NH 03305" (d) If a fine is paid in person, it shall be made at the department at 10 Hazen Drive, Concord, NH 03305, room208. Payment may be made by cash, check, cashier's check, or money order . (e) if a fine is paid by telephone with a credit card, payment shall be made by calling the number indicated on the emissions fine form, and providing the name on the credit card, the credit card number, expiration date and the date and number of the emissions fine. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5805.03 Request for Hearing. If a person wishes to contest the administration fine he or she may request an administrative hearing by sending their request for a hearing to Bureau of Hearings, 10 Hazen Drive, Concord, NH, 03301 . The request for a hearing must be received within 30 days of the date the operator failed the opacity test . Source. #6887, EXEMPT, eff 1-1-99

Attachment V: Applicable NewHampshire Administrative Rules 46New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Saf-C 5805.04 Conduct of Hearing . Hearings conducted in accordance with the request shall be heard by a hearings examiner of the Department of Safety. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5805.05 Scope of Hearing. The scope of the hearing shall be limited to: (a) A determination as to whether the vehicle passed or failed the opacity test . (b) A determination as to the correctness of the performance of the test procedure. (c) Other mitigating factors that may be relevant to the finding that there was a violation. Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5805.06 Failure to Comply with Order . The Department may require an administrative hearing under RSA 263:56-a for any owner who accrues a total of three or more violations within a period of one year . Source. #6887, EXEMPT, eff 1-1-99 Saf-C 5805.07 Reviewby Commissioner . The commissioner shall have the authority to waive or reduce any fine assessed pursuant to this section. Source. #6887, EXEMPT, eff 1-1-99

Attachment V: Applicable New Hampshire Administrative Rules 47