The State of New Hampshire Motor Vehicle Inspection and Maintenance State Implementation Plan Revision

Attachment IV: Applicable New

Hampshire Revised Statutes Annotated

Prepared by: The NewHampshire Department of Environmental Services Concord, NH November 1, 2011NewHampshire Motor Vehicle I/M SIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 Applicable New

Hampshire Revised Statutes Annotated Table of Contents NewHampshire RSA 125-C :6 . . . . .. . . .. . . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . . .. . .2 Powers and Duties of the Commissioner . .. . . .. . . . .. . . .. . .. . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .* .. . . .. . .. . . .. . . .. . . . .. . .. . . .. . . .. . .2 New Hampshire RSA 260

:6-b . .. . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . .. . . .. . . .. . .. . .5 Administration ofMotor Vehicle Laws: Powers and Duties . .. . . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . ..- . .. . . .. . . .. . .. . .5 New Hampshire RSA 263:56-a .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . .. . . .. . . . .. . . .. . . .. . . .. . .. . . .. . . . .7 Suspension or Revocation for Default or Nonpayment of Fine . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . . .7 New Hampshire RSA 266:1 . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. .10 Equipment of Vehicles: Inspection Authorized . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . .. . . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . .. . .. . . 10 New Hampshire RSA 266:1-a .. . . .. . . . .. . .. . . . .. . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . .. . . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . .. . . .. .13 Equipment of Vehicles: Highway Patrol and Enforcement Officers . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . .. . . .. . . .. . .. . . .. . . .. .13 NewHampshire RSA 266:5. .. .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . .. . .. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . . .. . .. . . . .. . .. . . .. . . .. . .. . . .. .14 Equipment of Vehicles: Penaltyfor Failing to Obey Inspection Requirements. . .. . . . .. . . .. . . .. . . .. . .. . . .. . . .. . . . .. . .. 14 New Hampshire RSA 266:59-b . . . .. . . . .. . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .15 Equipment of Vehicles: Emission Control Equipment .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . .. . . .. . . .-. . .. . . . .. . . .. . . .. . .. . . .. . . .15 New Hampshire RSA 266:59-c.. . . . .. . . .. . . .. . . . .. . . .. . . .. . . . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . .. . . . .. . . .. . . .. . . .. . .. . . .. . . .18 Equipment of Vehicles: Diesel Emission Testing .. . . . .. . . .. . . .. . .. . . . .. . . .. . . .. . . .. . . .. . . . .. . . .. . . .. . . . .. . .. . . .. . . .. . . .. . . .. . . .. . .. . . . 18

Attachment IV: Applicable New Hampshire Revised Statutes Annotated 1New Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire RSA 125-C :6 Powers and Duties of the Commissioner' 

# TITLE X

PUBLIC HEALTH CHAPTER 125-C AIR POLLUTION CONTROL

Section 125-C:6 125-C :6 Powers and Duties of the Commissioner . - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties : I . Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; II . Developing a comprehensive programand provide services for the study, prevention, and abatement of air pollution; III . Conducting and encouraging studies relating to air quality; IV. Collecting and disseminating the results of studies relating to air quality; V . Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality; VI . Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state; VI-a . Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists of at least 90 percent virgin no. 6oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279 .11, table 1 ; VII . Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIII . Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, including such monies given under any federal lawto the state for air quality control activities, surveys, or programs; 1 http://www

.Qencourt .state.nh .us/rsa/html/X/125-Cl125-C-6.htm Attachment IV: Applicable New Hampshire Revised Statutes Annotated 2New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 IX. Consulting the air resources council established by RSA 21-0:11 on the policies and plans for the control and prevention of air pollution; X . Exercising all incidental powers necessary to carry out the purposes of this chapter; XI . Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of emissions fromsuch stationary sources. The commissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards; XII . Carrying out a programof inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a ""clean air" area by state or federal regulations ; XIII . Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution; XIV . Establishing and operating a statewide systemunder which permits shall be required for the construction, installation, operation or material modification of air pollution devices and sources, which systemshall be established pursuant to RSA 125-C :11 and the sections which follow . The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, modification or operation of said air pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air pollution level in the locality of such construction, modification or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification or operation would, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived fromround wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings; clean pallets, and untreated wood scraps fromfurniture and other manufacture and eligible biomass fuel related to the combustion of such materials at stationary sources. The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I . XV. Implementing a programof prevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such increments are not less stringent than those specified in the Clean Air Act and amendments thereto, and in regulations promulgated thereunder ; XVI . Establishing an air quality monitoring equipment replacement programto provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment. Attachment IV: Applicable New Hampshire Revised Statutes AnnotatedNew Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 XVII . Implementing a program to control the emissions of air contaminants fromconsumer products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act . Source. 1979, 359

:2. 1981, 332:3. 1986, 202:6, 1(h), 8, 10 . 1988, 277:1 . 1995, 192:1 . 1996, 228:104. 2001, 293:6, eff. July 17, 2001 . 2008, 113:4, eff. Aug. 2, 2008.

Attachment IV: Applicable New Hampshire Revised Statutes Annotated 4NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire RSA 260:6-b Administration of Motor Vehicle Laws: Powers and Duties2



# TITLE XXI MOTORVEHICLES CHAPTER 260 ADMINISTRATION OF MOTORVEHICLE LAWS

Powers and Duties Section 260:6-b 260 :6-b Point System

for Automobile Dealer and Inspection Station Violations. - I . The director of motor vehicles may adopt rules pursuant to RSA 260:5 to establish 2 . different uniformpoint systems for separately identifying automobile dealers and inspection stations which have violated the provisions of this title or rules adopted underthis title. The rules shall include a designated level of point accumulation which so identifies automobile dealers and inspection stations. II . The director may assess points for violations of this title or rules adopted pursuant to this title which have been found by a court of law or a hearing officer to have been violated . Notice of the assessment of points shall be given in accordance with the rules adopted by the director . III . In the case of a conviction or finding against a dealer or inspection station of 2or more violations committed on a single occasion, such dealer or inspection station shall be assessed points for one offense only, under each separate point systemif the same entity holds both a dealer's registration, license, or privileges, and inspection station privileges. If the offenses have different point values, the dealer or inspection station shall be assessed for the offense having the greater point value. IV. The director may suspend or revoke the dealer's registration, license, or privileges, or in the case of an inspection station the inspection station privileges, in accordance with the rules adopted under this section. The rules shall provide a mechanism for reduction of points for a dealer or inspection station that has completed a training course approved by the director . V . The director may distinguish between larger and smaller dealers and inspection stations in establishing the point system . For the purposes of the point systemestablished under this section, an inspection station may not be liable for violations committed by an individual mechanic if the mechanic deliberately commits an action that is contrary to the law, the rules of the department, or the policies and procedures of the station. VI . Both point systems authorized under this section shall only count points for violations

z http:/lw

ww >;encourt state

.nh .us/rsa/html/XXI/260/260-6-b .htm Attachment IV: Applicable New Hampshire Revised Statutes AnnotatedNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 committed within the 3 most recent calendar years and shall only count violations that are committed on or after the effective date of the rules adopted under this section. Source. 2007, 372:1, eff. July 18, 2007.

Attachment IV: Applicable NewHampshire Revised Statutes AnnotatedNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire RSA 263:56-a Suspension or Revocation for Default or Nonpayment of Fine3



# TITLE XXI MOTORVEHICLES CHAPTER 263 DRIVERS' LICENSES 

# License Suspension and Revocation

Section 263:56-a 263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. - I . Whenever any defendant: (a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or (c) Fails to comply with a similar order of the director or a court on any matter within the director's or court'sjurisdiction, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30days after such default or failure, except as provided in subparagraph I(d) of this section. (d) If a defendant receives a summons in hand froma law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c) . If a defendant receives a summons in any manner other than in hand by a law

enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30days after the mailing of such notification . (e) Is a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30days, the offender's driver's license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender's last known address, that he or she is in violation of the registration requirements and that his or her 3 http ://ww

w sencourt .state.nh.us/rsa/html/xxi/263/263-56-a.htm Attachment IV: Applicable New Hampshire Revised Statutes AnnotatedNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department's attempted notice of noncompliance. I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire whodefaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department . II . (a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall sus.pend such defendant's driver's license or resident or nonresident driving privilege effective fromthe applicable date for an indefinite period and mark the defendant's files accordingly. (b) The director shall purge the record of violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of RSA 265:79, RSA 265-A:2, 1, RSA 265-A:3, RSA 265:115, RSA 265:117, and any offense which is a misdemeanor or felony during the defendant's lifetime until the defendant's driver's license or driving privilege is reinstated . All courts shall notify the director of any such failure on a formprescribed by the director . (c) The director shall report the names of all persons whose driver's licenses and driving privileges are suspended under this section to the National Driver Register administered by the National HighwayTraffic Safety Administration . (d) The director may report the names of all persons whose driver's licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in RSA 359-B:3. III . Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II shall be reinstated upon : (a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260 :23 and RSA 6 :12, I(b)(5), provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under RSA 263:42, Vand shall be deposited into the highway fund pursuant to RSA 260 :23 and RSA 6:12, I(b)(5) ; and (b) Appearance by such defendant, payment of his fine, or compliance with the order of the director, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order. IV. No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect . V . Nothing shall prevent any person affected by this section fromobtaining a prompt review or hearing, upon showingjust cause, before either the court or director for appropriate relief. Attachment IV: Applicable New Hampshire Revised Statutes Annotated 8NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 VI . The provisions of this section shall be the primary sanction for defendants whofail to appear, pay a fine, or other penalty or comply with an order of the director or a court, but shall not exclude other provisions of lawrelative to sanctions for defendants whofail to appear, pay a fine, or other penalty or comply with an order of the director or a court. VII . Notwithstanding any other provision of law, upon,application, the commissioner may, as justice may require, waive the driver's license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies. Source. 1983, 347:3; 383:72. 1985, 341 :1, 2 . 1989, 410:4. 1991, 347:1-5. 1994, 65:1 . 1996, 182:4. 1998, 288

:4. 2001, 91 :13. 2003, 174 :4, eff. July 1, 2003. 2006, 260 :20, eff. Jan. 1, 2007. 2008, 334:11, 12, eff. Jan. 1, 2009.

Attachment IV: Applicable New Hampshire Revised Statutes AnnotatedNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire RSA 266:1 Equipment of Vehicles: Inspection Authorized



# TITLE XXI MOTORVEHICLES CHAPTER 266 EQUIPMENT OF VEHICLES Inspections Section 266:1 266:1 Inspection Authorized. - 1 . The director may require the inspection of any vehicle, except an OHRV, snowmobile, moped, or any other vehicle exempted under this chapter, to determine whether it is fit to be driven . Such inspection shall be made at such times and in such manner as the director may specify, subject to the requirements set forth in this section. II . Any vehicle registered under this title, except an OHRV, snowmobile, moped, or other exempt vehicle, shall be inspected once a year, during the month in which the birth date of the owner is observed, if the owner is a natural person. An inspection sticker shall be valid for the same duration as the vehicle's registration, which shall not exceed 16 months . If the month in which the anniversary of the owner's birth occurs will be one of the next 4months, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. Nothing in this paragraph shall require any person who has registered and had inspected a vehicle with temporary plates to have the vehicle reinspected upon receipt of permanent motor vehicle plates. An inspection sticker shall not expire when a vehicle is transferred to a licensed dealer . II-a. Notwithstanding RSA 266:1, II, if the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, and the vehicle owner provides written verification of absence fromNew

Hampshire during the entire anniversary month, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. 111. If the owner of the vehicle is a company or corporation or other than a natural person, the annual inspection shall be made during the month designated by the director as the registration month for such legal entity. Vehicles registered as antique motor vehicles and antique motorcycles and which are 40 years old and over shall be inspected biennially. Antique motor vehicles shall be inspected in the month of April . Without regard to the owner's birth 4 http://www

.gencourt .state .nh .us/rsa/html/XXI/266/266-1 .htm Attachment IV: Applicable New Hampshire Revised Statutes Annotated 10NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 date or registration month, motorcycles and recreational vehicles shall be inspected annually 

## byJuly 1 . IV. Notwithstanding paragraphs II and III, newly registered vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, and mopeds, and vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, and mopeds, the ownership of which has been transferred, shall be inspected not later than 10days after the registration or transfer of ownership of said vehicle. However, if a new vehicle is purchased at retail froma licensed dealer, as defined in RSA 259:18, the vehicle shall be inspected not later than 30 days after the date of transfer . A used vehicle for which a dealer has issued a 20-day plate pursuant to RSA 261 :109 shall be inspected by the dealer or an authorized inspection station on behalf of the dealer at the time of the attachment of the plate. All other expired motor vehicle inspections shall be subject to the 10-day grace period in RSA 266 :5. V . The director may authorize properly qualified persons to make inspections without expense to the state at stations designated by him, and .may at any time revoke such authorization or designation; provided, however, that inspections conducted at such stations at the request and under the direction of a police officer or a highway enforcement officer shall be paid for as follows: (a) In the event violations of this section are uncovered, by the owner of the vehicle. (b) In the event no such violations are uncovered, by the agency represented by the police officer or highway enforcement officer. The annual fee to be paid by the inspection station upon authorization to make inspections shall be $25 and shall not be refundable. V-a. An inspection station may, upon request, be designated a ""motorcycle only" inspection station. A ""motorcycle only" inspection station may inspect only motorcycles and shall not be required to conduct OBD11 emission testing under RSA 266 :59-b or to purchase or lease any equipment relating to the OBDII emission testing program . VI . Each inspection station shall conspicuously post on its premises a notice, in a formand size approved by the director, indicating that the station is an authorized inspection station. VII . Each inspection station shall conspicuously post on the outside of the building a sign showing the inspection fee charged and the additional fee charged for OBDII testing under RSA 266 :59-b. No inspection station shall include of the cost of OBDII testing or reporting in the inspection fee charged for a vehicle not subject to the OBD II requirements under RSA 266:59-b. VII-a. (a) The director is authorized to require inspection stations to submit inspection data to the department electronically, provided that if electronic submission is required the following inspection stations shall be allowed to submit inspection data electronically or on a designated schedule and formprescribed by the department : (1) Inspection stations that are authorized to inspect only motorcycles. (2) [Repealed.] (3) Fleet motor vehicle inspection stations for non-OBD II vehicles. (4) Municipal and county government inspection stations. (b) The department shall not require an inspection station to transfer inspection information electronically for any vehicle of model year 1995 or older. VIII . Anew

vehicle which has been delivered in this state with a certificate of origin in the form prescribed by the director is exempt fromthe inspection requirements contained in this

Attachment IV: Applicable New Hampshire Revised Statutes Annotated 11New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 section until it is sold at retail . Upon retail sale of such a vehicle, the owner shall be required to have the vehicle inspected pursuant to paragraph IV and as provided in this section and the rules adopted under this chapter. IX. Notwithstanding any other provisions of this section to the contrary, all trucks exceeding 18,000 pounds gross vehicle weight and all school buses exceeding 10,000 pounds gross vehicle weight, including buses owned or used by a religious organization or a nonprofit organization used exclusively as buses for the transportation of its members in connection with functions of the organization, shall be inspected semi-annually. The month for the first inspection shall be the month in which the birth date of the owner is observed, if the owner is a natural person; if the owner is other than a natural person, the first inspection shall be conducted during the month designated by the director as the registration month for such legal entity. In either case, the second inspection shall be 6 months later. X. The director may authorize properly qualified persons to inspect any motor vehicle, except an OHRV, snowmobile, moped, or any other vehicle exempted under this chapter, which has been involved in a fatal accident or an accident involving serious bodily injury as defined in RSA 625:11, VI, to determine whether the vehicle was in compliance with state inspection requirements . XI . (a) The department may impose an administrative fine upon any inspection station for any violation of an inspection law or rule adopted under the provisions of this chapter. The authority to impose such a fine shall be . in addition to any other remedy or penalty that may be imposed, but in no event shall the department impose both a fine and a suspension of inspection privileges in the same proceeding. The maximum amounts of the fines which may be assessed shall be as follows: (1) For the first violation, $250 . (2) For the second violation, $500 . (3) For the third violation, $750 . (4) For the fourth violation, $1,000 . (5) For 5 or more violations, $2,000 . (b) No fine shall take effect unless approved by the commissioner . The commissioner shall have the authority to modify the amount of the fine assessed. Source. 1931, 80:1 . 1939, 199 :1 . RL 116

:11. 1951, 20:1 . RSA 260 :14 . 1965, 240

:6. 1969, 84:1 ; . 291 :1 ; 488

:2. 1975, 121 :1 . 1976, 4 :9, 10 . 1978, 38:5. 1981, 146:1 ; 538 :8.1986, 218:1 . 1988, 45:1 ; 288

:9, 13. 1989, 305:16

. 1990, 79:8. 1992, 282:8, 9 . 1995, 3:2; 41 :2. 2001, 115:1, eff. Jan. 1, 2002. 2005, 14:1, eff. July 1, 2005; 203:7, eff. July 1, 2005; 267:4, 5, eff. July 22, 2005; 296 :2, 7, eff. Aug. 11, 2005; 296 :6, I, eff. Jan. 1, 2007. 2006, 83:1, eff. July 4, 2006; 90:11, eff. July 1, 2006 at 12:01 a .m

. 2007, 91 :1, eff. Jan. 1, 2008; 372:5, eff. July 18, 2007.

Attachment IV: Applicable New Hampshire Revised Statutes Annotated 12New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire RSA 266:1-a Equipment of Vehicles: Highway Patrol and Enforcement Officerss



# TITLE XXI MOTORVEHICLES CHAPTER 266 EQUIPMENT OF VEHICLES Inspections Section 266:1-a 266 :1-a Highway Patrol and Enforcement Officers. - . I . The commissioner of safety shall establish a force of highway patrol and enforcement officers to assist the director in enforcing the motor vehicle inspection laws and rules. A highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall have the powers of a peace officer, certified under RSA 188-F:26, and shall have as his or her primary function enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A highway patrol and enforcement officer appointed under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266 :1, during the station's business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner . II . The commissioner shall furnish suitable equipment to a highway patrol and enforcement officer, as the commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. A highway patrol and enforcement officer appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a classified employee. Source. 1999, 302:1 . 2001, 139 :2. 2002, 262:4, eff.luly 17, 2002.

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w .gencourt .state.nh .us/rsa/html/XXI/266/266-1-a .htm Attachment IV: Applicable New Hampshire Revised Statutes Annotated 13NewHampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire RSA 266:5 Equipment of Vehicles: Penalty for Failing to Obey Inspection Requirements6



# TITLE XXI MOTORVEHICLES CHAPTER 266 EQUIPMENT OF VEHICLES 

# Inspections Section 266:5 266:5 Penalty for Failing to Obey Inspection Requirements. - The driver or owner of any motor vehicle failing to comply with the requirements of the director relative to inspection shall be guilty of a violation, and the director may refuse to register, or may suspend or revoke the registration of, any motor vehicle, trailer or semi-trailer which has not been inspected as required or which is unsafe or unfit to be driven; provided, however, no person shall be charged with a violation of this section until a period of 10 days has elapsed fromthe date the inspection was due. This section shall not apply to those vehicles required to be inspected under the provisions of RSA 266 :1, IV. The fine for a violation of this section shall be $60 . Source. 1931, 80:1 . 1939, 78:1 . RL 116 :12. 1951, 20:3. RSA 260:16 . 1981, 295:1 ; 146:1, eff. Jan. 1, 1982; 295:2, eff. Jan. 1, 1982, at 12:01 a .m . 2005, 177:44, eff. July 1, 2005. 2006, 259:28, eff. one day after passage of state operating budget for bienniumending June 30, 2009. 2007, 263:66, eff. June 29, 2007.

6 http://www

.aencourt .state.nh.us/ rsa/html/XXI/266/266-S .htm Attachment IV

: Applicable New

Hampshire Revised Statutes Annotated 14New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NewHampshire RSA 266:59-b Equipment of Vehicles: Emission Control Equipment'



# TITLE XXI MOTORVEHICLES CHAPTER 266 EQUIPMENT OF VEHICLES 

# Miscellaneous Section 266:59-b 266 :59-b Emission Control Equipment . - I . (a) Every motor vehicle driven on the ways of this state which is subject to inspection under this chapter shall be equipped with all of the emission control equipment which was part of that motor vehicle as originally equipped, and such equipment shall be properly connected to prevent excessive emissions. Motor vehicle inspections conducted in accordance with this chapter shall include a visual check for the presence and proper connection of the following equipment on vehicles so equipped: (1) Catalytic converter . (2) Gas cap. (3) Evaporative purge canister . (4) Positive crankcase ventilation (PCV) valve and properly configured hoses. (5) Properly connected air injection pump/pulse air systems. (b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt vehicles fromthose requirements of this section which would require replacement of parts for which replacements cannot be reasonably obtained. (c) The commissioner of the department of safety, subject to conditions approved in advance by the federal Environmental Protection Agency (EPA), and after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, may modify the vehicle emission control inspection programby substituting the exhaust gas recirculation systemfor one or more of the items in subparagraphs I(a)(4) and I(a)(5), provided that the total effect of such change is determined to produce a net ' http ://www

.gencourt .state.nh.us/rsa/html/xxi/266/266-59-b.htm Attachment IV: Applicable New Hampshire Revised Statutes Annotated 15New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 environmental improvement . II . [Repealed.] III . The commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require all model year 1996 and newer gasoline-powered and model year 1997 and newer diesel-powered motor vehicles equipped with on-board diagnostic systems meeting the federal EPAOBDII standards driven on the ways of this state which are subject to inspection under this chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component of the inspection. To the extent allowed by EPAOBDII policy, OBDII data may be substituted for visual and functional tests required by paragraph I . IV. This section shall not apply to vehicles 20 or more model years old which shall be determined by subtracting the model year of the vehicle fromthe calendar year in which the inspection occurs. V. If a vehicle fails the EPA OBD II test and it passes all other inspection requirements under this chapter, then it shall be issued a temporary waiver that permits its operation for 60days fromthe date of issuance, in order to make required repairs. Avehicle shall be eligible for only one such waiver during its inspection cycle. The department shall adopt rules, pursuant to RSA 541-A, that have the effect of establishing the broadest possible waivers for consumers consistent with 40 C

.F .R. sections 51 .350 through 51 .373. It is the intent of the legislature to provide appropriate waivers to persons for whom the making of OBDII repairs would constitute economic hardship. The committee established in paragraph VII shall make recommendations for such waivers and the department shall consider such recommendations during the rulemaking process required by this paragraph. VI . If a vehicle fails the EPA OBD II test and the owner fails to make the required repairs, the owner may not sell the vehicle without informing the purchaser of the OBDII failure. If the owner fails to informthe purchaser of the OBD II failure, the purchaser shall be entitled to a refund of the purchase price and reasonable attorney's fees. VII . (a) There is established an OBD II testing advisory committee . The committee shall be composed of the following : (1) Three representatives, appointed by the speaker of the house of representatives. (2) Three senators, appointed by the president of the senate. (3) The director of the division of motor vehicles of the department of safety. (4) The attorney general, or designee. (5) The commissioner of environmental services, or designee. (6) One member nominated by the New Hampshire Automobile Dealers Association and appointed by the governor . (7) One member nominated by the New Hampshire Motor Transport Association and appointed by the governor . (b) Members' terms shall be coterminous with their terms in office, except that members appointed pursuant to subparagraphs (a)(6) and (a)(7) shall serve at the discretion of the appointing authority. Attachment IV: Applicable NewHampshire Revised Statutes Annotated 16NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 (c) The committee shall : (1) Reviewand make recommendations on any contracts between the state and any private entities relating to OBDII testing. (2) Reviewprogramoperations on any contracts between the state and any private entities relating to OBDII testing. (3) Make recommendations for statutory and rules changes to the amounts and types of repair waivers granted in the OBDII testing program . (4) Report by May 1, 2006 its recommendation whether to extend the electronic reporting exemption for inspection stations performing less than 200 inspections in a consecutive 12- month period. (5) Submit an annual report to the governor, senate president, and speaker of the house of representatives on the operation of the motor vehicle inspection and emissions testing program . Source. 1998, 207:5, eff. June 18, 1998. 2004, 245:1-4, eff. June 15, 2004. 2005, 296 :3, eff. Aug. 11, 2005.

Attachment IV: Applicable NewHampshire Revised Statutes Annotated 17New Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 New Hampshire RSA 266:59-c Equipment of Vehicles: Diesel Emission Testing$



# TITLE XXI MOTORVEHICLES CHAPTER 266 EQUIPMENT OF VEHICLES 

# Miscellaneous Section 266:59-c 266 :59-c Diesel Emission Testing. - I . The commissioner shall adopt rules under RSA 541-A to implement a roadside diesel opacity testing program for vehicles registered either in New Hampshire or outside New Hampshire utilizing the SAE (Society ofAutomotive Engineers) J1667 (""Snap Acceleration") test procedure. The commissioner may provide for recognition of results of recent similar tests performed by other states on the same motor vehicle. II . The department may impose an administrative fine for any violation of this section or rule adopted under the provisions of this section. The maximumamount of the fine which may be assessed for each violation shall be $500 . The commissioner shall have the authority to waive or reduce the amount of any fine assessed pursuant to this section. 111. Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this section, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commissioner, may authorize the transfer of funds fromthe highway surplus account to the department of safety for such purpose. Source. 1998, 207:5, eff. June 18, 1998.

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.sencourt .state.nh.us/rsa/html/xxi/266/ 266-59-c.htm Attachment IV: Applicable New Hampshire Revised Statutes Annotated 18