Revision: Jan. 21, 2010, midnight
CHAPTER 296
HB 513 – FINAL VERSION
06Apr2005… 0925h
05/05/05 1285s
05/05/05 1332s
29Jun2005… 1939cofc
29Jun2005… 2135eba
2005 SESSION
03/04
HOUSE BILL 513
AN ACT relative to on-board diagnostic system inspections and relative to motorcycle inspections.
This bill:
I. Modifies the applicability of the OBD II testing requirements.
II. Requires the department of safety to adopt rules establishing waivers.
III. Requires notice of an OBD II failure by a motor vehicle seller.
IV. Establishes an advisory committee to review contracts and recommend legislation and rules relating to OBD II testing.
V. Exempts certain inspection stations from any electronic data submission requirements.
VI. Permits an inspection station to be designated as a “motorcycle only” inspection station.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Apr2005… 0925h
05/05/05 1285s
05/05/05 1332s
29Jun2005… 1939cofc
29Jun2005… 2135eba
05-0773
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to on-board diagnostic system inspections and relative to motorcycle inspections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
296:1 New Paragraph; Department of Safety; Duties of Commissioner; Complaints. Amend RSA 21-P:4 by inserting after paragraph XI the following new paragraph:
XII. Establish an easily accessible mechanism for citizens to file complaints with the department relating to on-board diagnostic system testing required by RSA 266:59-b. The complaint mechanism shall include either a telephone number reserved exclusively for such complaints or an Internet site for such complaints that may be accessed through links prominently displayed on Internet sites operated by the department or the state.
296:2 New Paragraph; Inspection Stations; Inspection Data. Amend RSA 266:1 by inserting after paragraph VII the following new paragraph:
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) Inspections stations that inspect less than 200 vehicles in a consecutive 12-month period.
(3) Fleet motor vehicle inspection stations for non-OBD II vehicles.
(4) Municipal and county government inspection stations for non-OBD II vehicles.
(b) The department shall not require an inspection station to transfer inspection information electronically for any vehicle of model year 1995 or older.
296:3 Emission Control Equipment; OBD II Testing Required. Amend RSA 266:59-b, III-V to read as follows:
III. [For 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,] 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 [every motor vehicle] 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 [is] 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.
(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.
296:4 ODB II Testing; Applicability. Notwithstanding RSA 266:59-b, any EPA OBD II testing required by department of safety rules prior to May 1, 2006 shall be advisory only. No inspection station shall deny an inspection sticker to any vehicle because of OBD II failure prior to May 1, 2006.
296:5 Emergency Rulemaking. The commissioner is authorized to adopt emergency rules under RSA 541-A to implement changes to the safety and OBD II inspection program needed because of this act. Notwithstanding RSA 541-A:18, II, such emergency rules shall be effective for 180 days. After 180 days the commissioner shall adopt rules pursuant to RSA 541-A.
296:6 Repeal. The following are repealed:
I. RSA 266:1, VII-a(a)(2), relative to stations that inspect less than 200 vehicles.
II. Section 5 of this act, relative to emergency rules.
296:7 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.
296:8 Effective Date.
I. Section 6 of this act shall take effect January 1, 2007.
II. The remainder of this act shall take effect upon its passage.
(Approved: Enacted in accordance with Pt. II, Article 44, of N.H. Constitution, without signature of the governor, August 11, 2005)
(Effective Date: I. Section 6 shall take effect January 1, 2007.
II. Remainder shall take effect August 11, 2005)