SB148: (New Title) relative to motorcycle inspections and relative to electronic inspection information.

SB 148 – AS AMENDED BY THE SENATE

03/17/05 0638s

2005 SESSION

05-0697

03/04

SENATE BILL 148

AN ACT relative to motorcycle inspections and relative to electronic inspection information.

SPONSORS: Sen. Letourneau, Dist 19; Sen. Clegg, Dist 14; Sen. Morse, Dist 22; Rep. Packard, Rock 3; Rep. Nedeau, Belk 3; Rep. Ingbretson, Graf 5; Rep. Dowd, Rock 5

COMMITTEE: Transportation and Interstate Cooperation

AMENDED ANALYSIS

This bill permits an inspection station to be designated as a “motorcycle only” inspection station, which shall be exempt from the OBD II emission testing requirements. This bill also prohibits the department of safety from requiring inspection stations to enter into certain contracts or participate in certain programs as a condition of being a vehicle inspection station. This bill also requires the department of safety to adopt emergency rules.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/05 0638s

05-0697

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to motorcycle inspections and relative to electronic inspection information.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; “Motorcycle Only” Inspection Stations. Amend RSA 266:1 by inserting after paragraph V the following new paragraph:

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 II emission testing under RSA 266:59-b or to purchase or lease any equipment relating to the OBD II emission testing program.

2 Electronic Transmission of Vehicle Inspection Information.

I. Notwithstanding any other provision of law to the contrary, the department of safety shall not require, as a condition of being a vehicle inspection station, that any inspection station contract with Gordon-Darby NHOST Services, Inc., or otherwise participate in any department-run program requiring state vehicle inspection information to be transmitted to the department of safety electronically.

II. To the extent that anything contained in paragraph I conflicts with the terms of the department of safety’s contract with Gordon-Darby NHOST Services, Inc., the department shall terminate the contract pursuant to paragraph 5 of the contract.

III. The department of safety shall adopt emergency 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.

IV. The department of safety shall not require, as a condition of being a vehicle inspection station, that any inspection station perform OBD II testing on vehicles that are not equipped with on-board diagnostic systems meeting the federal Environmental Protection Agency OBD II standard.

3 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.