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 New Hampshire Department of Environmental Services 

Concord, NH 

November 1, 2011 
New Hampshire Motor Vehicle I/M SIP Revision 

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

Applicable New Hampshire Revised Statutes Annotated 

Table of Contents 

New Hampshire RSA 125-C:6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 

Powers and Duties of the Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 

New Hampshire RSA 260:6-b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 

Administration of Motor 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 

New Hampshire RSA 266:5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 

Equipment of Vehicles : Penalty for 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 

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

New Hampshire 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 program and 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. 6 oil 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 

law to the state for air quality control activities, surveys, or programs; 

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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 from such 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 program of 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 system under which permits shall be required for 

the construction, installation, operation or material modification of air pollution devices and 

sources, which system shall 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 from round wood or waste wood such as limbs, branches, 

brush, slash, bark, stumps, sawdust, saw mill trimmings; clean pallets, and untreated wood 

scraps from furniture 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 program of 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 program to 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 Annotated 
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New Hampshire Departments of Safety and Environmental Services May 12, 2011 

XVII . Implementing a program to control the emissions of air contaminants from consumer 

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. 

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New Hampshire 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 

MOTOR VEHICLES 

CHAPTER 260 

ADMINISTRATION OF MOTOR VEHICLE 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 uniform point systems for separately identifying automobile dealers and inspection 

stations which have violated the provisions of this title or rules adopted under this 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 2 or more 

violations committed on a single occasion, such dealer or inspection station shall be assessed 

points for one offense only, under each separate point system if 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 system established 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 

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Attachment IV : Applicable New Hampshire Revised Statutes Annotated 
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New Hampshire 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 New Hampshire Revised Statutes Annotated 
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New Hampshire Departments of Safety and Environmental Services May 12, 2011 

New Hampshire RSA 263 :56-a 

Suspension or Revocation for Default or Nonpayment of Fine 3 

TITLE XXI 

MOTOR VEHICLES 

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's jurisdiction, 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 30 days after 

such default or failure, except as provided in subparagraph I(d) of this section . 

(d) If a defendant receives a summons in hand from a 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 30 days 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 30 days, 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 

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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 who defaults 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 from the 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 form prescribed 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 Highway Traffic 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, V and 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 from obtaining a prompt review 

or hearing, upon showing just cause, before either the court or director for appropriate relief. 

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

VI. The provisions of this section shall be the primary sanction for defendants who fail 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 law relative to sanctions for defendants who fail 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 . 

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

New Hampshire RSA 266:1 

Equipment of Vehicles : Inspection Authorized 

TITLE XXI 

MOTOR VEHICLES 

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 4 months, 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 from New 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 

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date or registration month, motorcycles and recreational vehicles shall be inspected annually 

by July 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 10 days after the registration or 

transfer of ownership of said vehicle . However, if a new vehicle is purchased at retail from a 

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 OBD 11 emission testing under RSA 266:59-b or to purchase or lease any 

equipment relating to the OBD II emission testing program . 

VI . Each inspection station shall conspicuously post on its premises a notice, in a form and 

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 OBD II testing under RSA 

266:59-b. No inspection station shall include of the cost of OBD II 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 form prescribed 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 . A new vehicle which has been delivered in this state with a certificate of origin in the 

form prescribed by the director is exempt from the inspection requirements contained in this 

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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 12 
New Hampshire Motor Vehicle I/M SIP Revision 

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

New Hampshire RSA 266:1-a 

Equipment of Vehicles: Highway Patrol and Enforcement Officerss 

TITLE XXI 

MOTOR VEHICLES 

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 . 

5 http ://www.gencourt.state .nh .us/rsa/html/XXI/266/266-1-a .htm 

Attachment IV : Applicable New Hampshire Revised Statutes Annotated 13 
New Hampshire Motor Vehicle I/M SIP Revision 

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

New Hampshire RSA 266:5 

Equipment of Vehicles : Penalty for Failing to Obey Inspection Requirements6 

TITLE XXI 

MOTOR VEHICLES 

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 from the 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 biennium ending 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 14 
New Hampshire Motor Vehicle I/M SIP Revision 

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

New Hampshire RSA 266:59-b 

Equipment of Vehicles: Emission Control Equipment' 

TITLE XXI 

MOTOR VEHICLES 

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 from those 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 program by 

substituting the exhaust gas recirculation system for 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 15 
New Hampshire Motor Vehicle I/M SIP 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 EPA OBD II 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 EPA OBD II policy, OBD II 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 from the 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 60 days 

from the date of issuance, in order to make required repairs. A vehicle 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 OBD II 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 OBD II failure. If the 

owner fails to inform the 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 New Hampshire Revised Statutes Annotated 16 
New Hampshire Motor Vehicle I/M SIP Revision 

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

(c) The committee shall : 

(1) Review and make recommendations on any contracts between the state and any 

private entities relating to OBD II testing. 

(2) Review program operations on any contracts between the state and any private 

entities relating to OBD II testing. 

(3) Make recommendations for statutory and rules changes to the amounts and types of 

repair waivers granted in the OBD II 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 New Hampshire Revised Statutes Annotated 17 
New Hampshire Motor Vehicle I/M SIP Revision 

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

New Hampshire RSA 266:59-c 

Equipment of Vehicles : Diesel Emission Testing$ 

TITLE XXI 

MOTOR VEHICLES 

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 of Automotive 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 maximum amount 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 from the highway surplus account to the 

department of safety for such purpose . 

Source. 1998, 207:5, eff. June 18, 1998. 

$ http ://www.sencourt.state .nh.us/rsa/html/xxi/266/ 266-59-c.htm 

Attachment IV : Applicable New Hampshire Revised Statutes Annotated 18