SB 510 - AS AMENDED BY THE HOUSE
23May2024... 1925h
2024 SESSION
24-2909
11/06
SENATE BILL 510
SPONSORS: Sen. Fenton, Dist 10; Sen. D'Allesandro, Dist 20; Sen. Innis, Dist 7; Sen. Soucy, Dist 18; Sen. Ricciardi, Dist 9; Sen. Rosenwald, Dist 13; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5; Rep. T. Walsh, Merr. 10
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill:
I. Eliminates the requirement that a retail motor vehicle dealer submit a form notifying the New Hampshire department of motor vehicles of a sale of a vehicle to a Massachusetts resident.
II Allows new vehicles purchased in the model year or before to be inspected in the second year after purchase.
III. Makes several changes to vehicle inspection requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23May2024... 1925h 24-2909
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. RSA 261:56-a, relative to vehicles sold to Massachusetts residents, is repealed.
2 Motor Vehicles; Inspection Exempt. Amend RSA 266:1, II to read as follows:
II. Any vehicle registered under this title, except an OHRV, snowmobile, moped, roadable aircraft, or other exempt vehicle, shall be inspected once a year, except as provided in paragraph IV-a, during the month in which the birth date of the owner is observed, if the owner is a natural person. An inspection sticker shall be valid for the same duration as the vehicle's registration, which shall not exceed 16 months. If the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, an inspection sticker may be issued, with an expiration date of the birth month in the following year, of the first person named on the title application. Nothing in this paragraph shall require any person who has registered and had inspected a vehicle with temporary plates to have the vehicle reinspected upon receipt of permanent motor vehicle plates. An inspection sticker shall not expire when a vehicle is transferred to a licensed dealer.
3 Model Year Purchase Excepted. Amend RSA 266:1, II-a to read as follows:
II-a. Notwithstanding RSA 266:1, II, if the month in which the anniversary of the owner's birth occurs will be one of the next 4 months, and the vehicle owner provides written verification of absence from New Hampshire during the entire anniversary month, an inspection sticker may be issued, with an expiration date of the birth month in the following year, except as provided in paragraph IV-a, of the first person named on the title application.
4 Newly Registered Vehicles. Amend RSA 266:1, IV to read as follows:
IV. Except as provided in paragraph IV-a, notwithstanding paragraphs II and III, newly registered vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, roadable aircraft, and vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, and roadable aircraft, the ownership of which has been transferred, shall be inspected not later than 10 days after the registration or transfer of ownership of said vehicle. However, if a new vehicle not described in paragraph IV-a is purchased at retail from a licensed dealer, as defined in RSA 259:18, the vehicle shall be inspected not later than 20 days after the date of transfer. A used vehicle for which a dealer has issued a 20-day plate pursuant to RSA 261:109 shall be inspected by the dealer or an authorized inspection station on behalf of the dealer at the time of the attachment of the plate unless a valid inspection sticker issued by the dealer is in place, in which case the vehicle shall be inspected within 20 days or before the sticker expires, whichever occurs first. All other expired motor vehicle inspections shall be subject to the 10-day grace period in RSA 266:5.
5 New Paragraph; New Model Year Vehicle. Amend RSA 266:1 by inserting after paragraph IV the following new paragraph:
IV-a. A vehicle purchased prior to or during the vehicle’s model year, from a licensed dealer by a natural person as the first owner, shall be exempt from inspection until the last day of the registered owner’s birth month in second year after purchase. A vehicle purchased prior to or during the vehicle’s model year, from a licensed dealer by a corporation as the first owner, shall be exempt from inspection until the last day of the purchase anniversary month in the second year after purchase.
6 New Paragraph; Prohibition of Inspection Performance Within a Specified Amount of Time. Amend RSA 266:1 by inserting after paragraph XII the following new paragraph:
XIII. The department shall not require an inspection station to perform inspections within any minimum or maximum amount of time. No penalty or audit shall result based on the amount of time spent on inspections, whether individually or on average.
7 Thirty-Day Inspection Grace Period. Amend RSA 266:I, IV to read as follows:
IV. Notwithstanding paragraphs II and III, newly registered vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, roadable aircraft, and vehicles, other than vehicles transferred to a licensed dealer, OHRVs, snowmobiles, mopeds, and roadable aircraft, the ownership of which has been transferred, shall be inspected not later than [10] 30 days after the registration or transfer of ownership of said vehicle. However, if a new vehicle is purchased at retail from a licensed dealer, as defined in RSA 259:18, the vehicle shall be inspected not later than 20 days after the date of transfer. A used vehicle for which a dealer has issued a 20-day plate pursuant to RSA 261:109 shall be inspected by the dealer or an authorized inspection station on behalf of the dealer at the time of the attachment of the plate unless a valid inspection sticker issued by the dealer is in place, in which case the vehicle shall be inspected within [20] 30 days or before the sticker expires, whichever occurs first. All other expired motor vehicle inspections shall be subject to the [10-day] 30-day grace period in RSA 266:5.
8 Penalty for Failing to Obey Inspection Requirements; Thirty-Day Grace Period. Amend RSA 266:5 to read as follows:
266:5 Penalty for Failing to Obey Inspection Requirements. The driver or owner of any motor vehicle failing to comply with the requirements of the director relative to inspection shall be guilty of a violation, and the director may refuse to register, or may suspend or revoke the registration of, any motor vehicle, trailer, or semi-trailer which has not been inspected as required or which is unsafe or unfit to be driven; provided, however, no person shall be charged with a violation of this section until a period of [10] 30 days has elapsed from the date the inspection was due. It shall be a rebuttable presumption that a vehicle that is required to be inspected is in violation of this section if the vehicle fails to display a valid inspection sticker. This section shall not apply to those vehicles required to be inspected under the provisions of RSA 266:1, IV. The fine for a violation of this section shall be $60.
9 New Paragraph; Time Allotted for Inspections. Amend RSA 266:1-a by inserting after paragraph II the following new paragraph:
III. A law enforcement officer shall not require inspections within any minimum or maximum amount of time nor shall any penalty or audit result solely from the amount of time spent on inspections, whether individually or on average.
10 Front Lights. Amend RSA 266:31 to read as follows:
266:31 Front Lights. Every motor vehicle driven during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and whenever rain, snow, or fog shall interfere with the proper view of the road so that persons and vehicles on the way are not clearly discernible at a distance of 1000 feet ahead, shall display at least 2 lighted lamps on the front; provided, however, that one suitable lighted lamp on the front of a motorcycle shall be sufficient. The headlamp shall throw sufficient light ahead within the traveled portion of the way to make clearly visible all vehicles, persons, or substantial objects within a distance of 200 feet, except that the headlamps of motorcycles shall be sufficient if they make clearly visible objects within a distance of 150 feet. No headlamp shall be used unless it is approved by the director and is equipped with a proper lens or other device designed to prevent glaring rays. All headlamps on every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground on an unladen vehicle. The measurement shall be made from the ground to the center of the lens. No device which obstructs, reflects, or alters the beam of such headlamp shall be used in connection therewith unless approved by the director. Every lens or other device to prevent glaring rays, the use of which on motor vehicles has been approved by the director, shall be arranged, adjusted, and operated in accordance with the requirements of the certificate approving the use thereof. Every lamp, bulb, or light used in any headlamp shall be of such candle power as may be specified for the approved device in the certificate approving the use thereof. Every reflector which is used as a part of such headlamp shall have a reflecting surface approved by the director after satisfactory tests have been made, and every reflecting surface shall be free from dents [, rust] and other imperfections that inhibit the ability for light to project as described this section. Cracks in a sealed beam headlamp shall cause inspection failure. Cracks in a projection headlamp that are covered by color matching automotive lens tape shall not cause inspection failure, except that any taped or untaped cracks that allow moisture to penetrate the headlamp shall cause inspection failure. Clouded/oxidized headlamps shall fail inspection when the light shines yellow or another color besides white, or if the light is so dim that headlamp aim cannot be checked on a headlamp aimer. The driver of every motor vehicle shall permit any properly authorized person to inspect the headlamping equipment of such motor vehicle and to make such tests as he or she may deem necessary to determine whether the provisions of this section are being complied with. Any headlamp color approved by the director for motor vehicles shall be considered approved for motorcycles.
11 Directional Signals. Amend RSA 266:42 to read as follows:
266:42 Directional Signals. It shall be unlawful to drive on any way in this state any motor vehicle registered in this state which is manufactured or assembled after January 1, 1952, unless such vehicle is equipped with directional signals approved by the director. The provisions of this section shall not apply to motorcycles manufactured prior to January 1, 1973. No directional signal shall cause inspection failure unless it does not function properly, is not properly directed, is obscured, or has a minimum light output and projection lower than the vehicle’s original equipment. Cracks in a directional signal that are covered by color matching automotive lens tape shall not cause inspection failure, except that any taped or untaped cracks that allow moisture to penetrate the directional signal shall cause inspection failure.
12 Reflectors. Amend RSA 266:43 to read as follows:
266:43 Reflectors. Every new motor vehicle sold and driven upon a way, other than a tractor truck, shall carry on the rear, either as a part of the tail lamps or separately, 2 red reflectors, except that every motorcycle, moped and motor-driven cycle shall carry at least one reflector. Cracks in a reflector that are covered by color matching automotive lens tape or color matching reflective tape shall not cause inspection failure.
13 New Section; Restrictions and Rulemaking. Amend RSA 266 by inserting after section 117 the following new section:
266:118 Rulemaking Restrictions.
No rule shall require inspection failure when there are cracks in any functional headlamp lens or reflector.
14 Brakes; Inspection Failure. Amend RSA 266:28 to read as follows:
266:28 Brake Performance.
I. Every motor vehicle and every combination of motor vehicle with trailer or semi-trailer when driven upon the ways of the state shall at a speed of 20 miles per hour be capable, at all times and under all conditions of loading, of stopping on a dry, smooth, approximately level pavement free from loose material, upon application of the foot or service brake, within a distance of 30 feet.
II. Regarding brake pads and shoes, brakes shall fail inspection where:
(a) Bonded linings on brake shoes or pads are less than 2/32 inch thick, when measured at the thinnest point;
(b) Riveted linings on the brake shoes or disc brake pads are worn to within 2/32 inch of any rivet head; or
(c) A rivet on the brake lining is loose or missing or the lining is not securely fastened to the shoe or pads.
III. Regarding brake drums or discs, brakes shall fail inspection only where discs or drums:
(a) Show evidence of mechanical damage other than wear;
(b) Show evidence of pitting on 50 percent or more of the friction surface or delamination on the friction surface, such that either would affect proper brake operation, except that rust shall not be reason for inspection failure unless so required under RSA 266:3-a.
(c) Have cracks on the friction surface extending to the open edge or on the outside of the drum, particularly at the drum mounting area;
(d) Have a broken disc;
(e) Have cracks on the friction surface extending to the open edge on a disc;
(f) Have defective grease retainers;
(g) Are worn below the manufacturer’s specifications; or
(h) Have a thickness less than the minimum which is stamped on the
assembly.
I. Sections 2 - 5 shall take effect January 1, 2025.
II. Sections 6 - 14 shall take effect 60 days after its passage.
III. The remainder of this act shall take effect 30 days after its passage.
24-2909
Amended 5/29/24
SB 510- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1925h)
AN ACT relative to sale of a vehicle to a Massachusetts resident.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | ($134,875) | ($269,750) | ($269,750) | ||
Revenue Fund(s) | Highway Fund, General Fund, Motor Vehicle Air Pollution Abatement Fund | |||||
Expenditures | $0 | $0 | ($13,695) | ($27,390) | ||
Funding Source(s) | Highway Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | ($13,695) | ($27,390) | ||
Local Expenditures | $0 | $0 | $0 | $0 | ||
METHODOLOGY:
This bill, specifically sections 2 through 5, effective January 1, 2025, exempts a vehicle purchased prior to, or during, the vehicle’s model year, from a licensed dealer by a natural person as the first owner, from inspection until the last day of the registered owner’s birth month in second year after purchase. A vehicle purchased prior to or during the vehicle’s model year, from a licensed dealer by a corporation as the first owner, shall be exempt from inspection until the last day of the purchase anniversary month in the second year after purchase. During calendar year 2023, 82,713 vehicles with a model year of 2023 were safety inspected. Inspection stickers cost $3.25, with revenue split between three accounts: $2.75 to the highway fund, $0.25 to the general fund, and $0.25 to the motor vehicle air pollution abatement fund. Based on the assumption of 83,000 fewer inspection stickers per calendar year, this bill will have the following impact on state revenue:
| FY 2025 | FY 2026 | FY 2027 |
# Fewer Inspection Stickers | 41,500 | 83,000 | 83,000 |
(Revenue Decrease) |
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|
|
Highway Fund ($2.75/per) | ($114,125) | ($228,250) | ($228,250) |
General Fund ($0.25/per) | ($10,375) | ($20,750) | ($20,750) |
MV Air Pollution Abatement Fund ($0.25/per) | ($10,375) | ($20,750) | ($20,750) |
Total Revenue Decrease | ($134,875) | ($269,750) | ($269,750) |
Also, pursuant to RSA 235:23 (“Apportionment A”), 12 percent of highway fund road toll and motor vehicle fee revenue collected is distributed to municipalities, therefore, under this bill state expenditures and local revenue would decrease by $13,695 in FY 2026 and $27,390 in FY 2027 and each year thereafter.
This bill's provisions relative to sale of a vehicle to a Massachusetts resident (section 1) and reducing requirements for vehicle inspections (sections 6 through 14) are not expected to result in any fiscal impact.
AGENCIES CONTACTED:
Department of Safety
| Date | Amendment |
|---|---|
| May 14, 2024 | 2024-1925h |
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2024 | Senate | Hearing |
| Jan. 16, 2024 | Senate | Hearing |
| Feb. 8, 2024 | Senate | Floor Vote |
| March 19, 2024 | House | Hearing |
| May 7, 2024 | House | Exec Session |
| May 14, 2024 | House | Exec Session |
| May 14, 2024 | House | Floor Vote |
May 30, 2024: Sen. Ricciardi Moved Nonconcur with the House Amendment, MA, VV; 05/30/2024; SJ 16
May 23, 2024: Ought to Pass with Amendment 2024-1925h: MA VV 05/23/2024 HJ 14 P. 167
May 23, 2024: Amendment # 2024-1925h: AA VV 05/23/2024 HJ 14 P. 165
May 14, 2024: Minority Committee Report: Inexpedient to Legislate
May 14, 2024: Majority Committee Report: Ought to Pass with Amendment # 2024-1925h (NT) 05/14/2024 (Vote 16-3; RC) HC 20 P. 30
May 8, 2024: ==CONTINUED== Executive Session: 05/14/2024 10:00 am LOB 203
May 1, 2024: ==RECESSED== Executive Session: 05/07/2024 01:30 pm LOB 203
March 13, 2024: Public Hearing: 03/19/2024 02:00 pm LOB 203
March 2, 2024: Introduced (in recess of) 02/22/2024 and referred to Transportation HJ 6 P. 139
Feb. 8, 2024: Ought to Pass: MA, VV; OT3rdg; 02/08/2024; SJ 3
Jan. 31, 2024: Committee Report: Ought to Pass, 02/08/2024; Vote 5-0; CC; SC 6
Jan. 10, 2024: Hearing: 01/16/2024, Room 101, LOB, 01:15 pm; SC 3
Jan. 10, 2024: Hearing: 01/16/2024, Room 101, LOB, 02:15 pm; SC 3
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Transportation; SJ 1