HB212: allowing a 180-day operation waiver when a motor vehicle fails an emission control test.

HB 212 - AS INTRODUCED

2025 SESSION

25-0253

11/06

HOUSE BILL 212

AN ACT allowing a 180-day operation waiver when a motor vehicle fails an emission control test.

SPONSORS: Rep. Coker, Belk. 2

COMMITTEE: Transportation

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ANALYSIS

This bill extends the temporary waiver permitting operation of a vehicle that failed an EPA OBD II emission control test from 60 days to 180 days.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0253

11/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT allowing a 180-day operation waiver when a motor vehicle fails an emission control test.

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

1 Duration of Waiver Upon Failure. Amend RSA 266:59-b, V to read as follows:

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] 180 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.

2 Effective Date. This act shall take effect 60 days after its passage.