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RSA 266:59-b · [RSA 266:59-b repealed by 2025, 141:253, XIV, effective contingent upon the conditions specified in 2025, 141:255.] 266:59-b Emission Control Equipment

Title
XXI: MOTOR VEHICLES
Chapter
266 · EQUIPMENT OF VEHICLES
Status
repealed
Official source linked
Yes
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[RSA 266:59-b repealed by 2025, 141:253, XIV, effective contingent upon the conditions specified in 2025, 141:255.] 266:59-b Emission Control Equipment. –

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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:

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(1)

Catalytic converter.

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(2)

Gas cap.

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(3)

Evaporative purge canister.

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(4)

Positive crankcase ventilation (PCV) valve and properly configured hoses.

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(5)

Properly connected air injection pump/pulse air systems.

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(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.

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(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 environmental improvement.

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II.

[Repealed.]

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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 motor vehicles equipped with an on-board diagnostic system meeting federal EPA OBD II (On-Board Diagnostics) standards that are driven on the ways of this state and 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. Vehicles subject to this requirement shall include model year 1997 and newer diesel-powered motor vehicles and model year 1996 and newer motor vehicles powered by any other fuel source. To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests required by paragraph I.

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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 or to vehicles determined by the director to be rare or historically significant.

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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.

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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.

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VII.

(a) There is established an OBD II testing advisory committee. The committee shall be composed of the following:

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(1)

Two representatives, appointed by the speaker of the house of representatives.

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(2)

One senator, appointed by the president of the senate.

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(3)

The director of the division of motor vehicles of the department of safety, or designee.

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(4)

[Repealed.]

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(5)

The commissioner of environmental services, or designee.

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(6)

One member nominated by the New Hampshire Automobile Dealers Association and appointed by the governor.

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(b)

Members' terms shall be coterminous with their terms in office, except that the member appointed pursuant to subparagraph (a)(6) shall serve at the discretion of the appointing authority.

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(c)

The committee shall:

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(1)

Review and make recommendations on any contracts between the state and any private entities relating to OBD II testing.

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(2)

Review program operations on any contracts between the state and any private entities relating to OBD II testing.

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(3)

Make recommendations for statutory and rules changes to the amounts and types of repair waivers granted in the OBD II testing program.

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(4)

Meet at least annually and more often as needed.

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(5)

Submit a report at least biennially or as needed to the governor, senate president, and speaker of the house of representatives by November 1st of odd-numbered years on the operation of the motor vehicle inspection and emissions testing program. Source. 1998, 207:5. 2004, 245:1-4. 2005, 296:3, eff. Aug. 11, 2005. 2014, 236:1, 2, eff. Sept. 19, 2014. 2016, 35:1, eff. Jan. 1, 2017. 2018, 49:2, III, eff. July 14, 2018. 2020, 37:27, eff. July 29, 2020.

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Source note

Source. 1998, 207:5. 2004, 245:1-4. 2005, 296:3, eff. Aug. 11, 2005. 2014, 236:1, 2, eff. Sept. 19, 2014. 2016, 35:1, eff. Jan. 1, 2017. 2018, 49:2, III, eff. July 14, 2018. 2020, 37:27, eff. July 29, 2020.

Source history

  • 1998, 207:5
  • 2004, 245:1-4
  • 2005, 296:3, eff. Aug. 11, 2005
  • 2014, 236:1, 2, eff. Sept. 19, 2014
  • 2016, 35:1, eff. Jan. 1, 2017
  • 2018, 49:2, III, eff. July 14, 2018
  • 2020, 37:27, eff. July 29, 2020

Related materials

Bill relationships

  • 2026 HB1353 reference · effective 2027-01-01

    ent provisions for premium discounts on liability, collision, and comprehensive coverage, specifically relating to motor vehicles that pass an annual safety inspection pursuant to RSA 266 and 263. The annual inspection shall verify major safety features including but not limited to headlights, taillights, tires, steering, and brakes. Insurers may also consider additional shop recommendations, provided th

  • 2026 HB1362 amend

    equipment specifications. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Equipment of Vehicles; Tire Tread Depth. Amend RSA 266 by inserting after section 48 the following new section: 266:48-a Tire Tread Depth; Measurement Requirements. I. No person shall drive a motor vehicle upon any way unless each tire mounted thereon has a minimum tre

  • 2026 HB1560 reference · effective 2027-01-01

    ated 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. VI. Except as provided in paragraph XII, each inspection station shall conspicuously post on its premises a notice, in a form and s

  • 2026 HB1560 reference · effective 2027-01-01

    oximately $492,000 Local Expenditures $0 $0 $0 $0 METHODOLOGY: This bill, effective January 1, 2027, reenacts and updates multiple sections of RSA 260 and RSA 266 relating to vehicle inspection requirements. Under the proposed language, most vehicles would remain subject to annual inspection, however, newly purchased vehicles would be exempt from inspection requirements for up to

  • 2026 HB1560-FN reference · effective 2027-01-01

    oximately $492,000 Local Expenditures $0 $0 $0 $0 METHODOLOGY: This bill, effective January 1, 2027, reenacts and updates multiple sections of RSA 260 and RSA 266 relating to vehicle inspection requirements. Under the proposed language, most vehicles would remain subject to annual inspection, however, newly purchased vehicles would be exempt from inspection requirements for up to

  • 2026 HB1560-FN reference · effective 2027-01-01

    ated 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. VI. Except as provided in paragraph XII, each inspection station shall conspicuously post on its premises a notice, in a form and s

  • 2026 HB212 amend

    otor 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 d

  • 2026 HB649 amend

    of motor vehicle operators. Be it Enacted by the Senate and House of Representatives in General Court convened: 69:1 New Section; Operation of Unsafe Motor Vehicle. Amend RSA 266 by inserting after section RSA 266:8-a the following new section: 266:8-b Operator Vehicle Maintenance. I. No person shall drive, or permit to be driven upon any way a motor vehicle, trailer, or semitrailer: (

  • 2026 HB649-FN amend

    of motor vehicle operators. Be it Enacted by the Senate and House of Representatives in General Court convened: 69:1 New Section; Operation of Unsafe Motor Vehicle. Amend RSA 266 by inserting after section RSA 266:8-a the following new section: 266:8-b Operator Vehicle Maintenance. I. No person shall drive, or permit to be driven upon any way a motor vehicle, trailer, or semitrailer: (

  • 2025 HB2 reference

    ut only if the dealer presents to the customer at the time of sale a notice which states: This motor vehicle [will not pass a New Hampshire inspection and] is unsafe for operation upon the highways pursuant to RSA 266. The following defects must be corrected [before an inspection sticker will be issued]. The dealer shall list all [inspection] defects under this statement and specify the date on which the inspection was cond

  • 2025 HB2 reference

    pment. XI. RSA 266:5, relative to penalties for failing to obey inspection requirements. XII. RSA 266:6, relative to driving of uninspected vehicles. XIII. RSA 266:8, relative to sales of unsafe vehicles. XIV. RSA 266:59-b, relative to emission control equipment. XV. RSA 266:78-o, relative to emergency and warning lights; duties of official inspection stations. 141:254 Directive; Department of Environmental Services. The departm

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