CHAPTER 372
HB 202 – FINAL VERSION
06Mar2007… 0192h
04/18/07 1124s
27Jun2007… 2164cofc
2007 SESSION
05/10
HOUSE BILL 202
AN ACT relative to a point system for automobile dealer and inspection station violations, appointments to the motor vehicle industry board, and the regulation of snowmobiles as motor vehicles in certain circumstances.
This bill:
I. Permits the director of motor vehicles to adopt rules establishing a point system for automobile dealer and inspection station violations.
II. Removes term limits for members of the motor vehicle industry board.
III. Includes snowmobiles in the definition of motor vehicle in RSA 357-C, relative to business practices between motor vehicle manufacturers, distributors, and dealers, and clarifies the reference to snowmobiles in the definition of motor vehicle in RSA 357-D, New Hampshire’s New Vehicle Arbitration Law.
IV. Provides that, if the division of motor vehicles requires electronic submission of inspection data, municipal and county government inspection stations shall not be required to submit data electronically until July 1, 2009. Current law limits their exemption to non-OBD II vehicles.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0192h
04/18/07 1124s
27Jun2007… 2164cofc
07-0568
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to a point system for automobile dealer and inspection station violations, appointments to the motor vehicle industry board, and the regulation of snowmobiles as motor vehicles in certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
372:1 New Section; Administration of Motor Vehicle Laws; Point System for Automobile Dealer and Inspection Station Violations. Amend RSA 260 by inserting after section 6-a the following new section:
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 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.
372:2 New Hampshire Motor Vehicle Industry Board. Amend RSA 357-C:12, I(d)-(f) to read as follows:
(d) Appointments shall be for terms of 4 years[, and no person shall be eligible to serve more than 2 successive 4-year terms]. Vacancies shall be filled by appointment by the governor and council for the unexpired term. [Any person appointed to fill a vacancy may serve 2 additional successive terms.] The members shall be at-large members, and insofar as practical, should reflect fair and equitable statewide representation.
(e) [Terms of the initial board members shall be staggered with 2 members serving a term of 2 years, 2 members serving a term of 3 years, and 2 members serving a term of 4 years.
(f)] Appointed members of the board may be paid a $50 per diem for each day actually engaged in the performance of their duties and may be reimbursed their actual and necessary expenses incurred in carrying out their duties as may be authorized by the governor and council.
372:3 Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors, and Dealers; Snowmobile Added to Definition of Motor Vehicle. Amend RSA 357-C:1, I to read as follows:
I. “Motor vehicle” means every self-propelled vehicle manufactured and designed primarily for use and operation on the public highways and required to be registered and titled under the laws of New Hampshire, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. Except for RSA 357-C:3, I-b, and where otherwise specifically exempted from the provisions of this chapter, “motor vehicle” shall include off highway recreational vehicles and snowmobiles.
372:4 New Motor Vehicle Arbitration; Snowmobile Reference Change In Definition of Motor Vehicle. Amend RSA 357-D:2, X(e) to read as follows:
(e) Any snowmobile as defined in RSA 215-C:1, XV and RSA 357-C:1, XXVI.
372:5 Inspection Stations; Electronic Data; Municipal and County Government Inspection Stations. Amend RSA 266:1, VII-a(a)(4) to read as follows:
(4) Municipal and county government inspection stations [for non-OBD II vehicles].
372:6 Inspection Stations; Electronic Data; Municipal and County Government Inspection Stations. RSA 266:1, VII-a(a)(4) is repealed and reenacted to read as follows:
(4) Municipal and county government inspection stations for non-OBD II vehicles.
372:7 Effective Date.
I. Section 6 of this act shall take effect July 1, 2009.
II. The remainder of this act shall take effect upon its passage.
Approved: July 18, 2007
Effective: I. Section 6 shall take effect July 1, 2009.
II. Remainder shall take effect July 18, 2007.