Revision: Feb. 6, 2026, 11:08 a.m.
HB 649-FN - AS AMENDED BY THE SENATE
01/07/2026 0039s
02/05/2026 0345s
2025 SESSION
25-0198
11/08
HOUSE BILL 649-FN
AN ACT relative to the maintenance obligations of motor vehicle operators.
SPONSORS: Rep. Granger, Straf. 2; Rep. Osborne, Rock. 2; Rep. Harvey-Bolia, Belk. 3; Rep. Sirois, Hills. 32; Rep. Sellers, Graf. 18; Rep. Sabourin, Rock. 30
COMMITTEE: Transportation
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill:
I. Establishes a duty for motorists to maintain vehicles.
II. Defines specific mechanical and structural defects that render a vehicle unsafe.
III. Empowers law enforcement to conduct limited safety inspections.
IV. Restricts the sale and registration of vehicles that fail to meet safety standards.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/07/2026 0039s
02/05/2026 0345s 25-0198
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the maintenance obligations of motor vehicle operators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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:
(a) Which is in such unsafe condition as to endanger the driver, occupants, or any other person or property; or
(b) Any motor vehicle which is not equipped with lamps, brakes, steering, tires, exterior panels, glass, or other equipment as required by law.
II. The operation of a motor vehicle in violation of any condition, defect, or requirement set forth in this section shall constitute prima facie evidence that the vehicle is unsafe for operation upon a public way:
(a) Any defect that permits exhaust gases to enter the passenger or cargo compartment.
(b) Any exterior panel, including doors, hood, fenders, trunk, or bumpers, that are missing; provided, however, that doors may be missing if originally and expressly designed by the manufacturer to be removable.
(c) A frame or unibody that is cracked, broken, or rusted to the extent that structural integrity is compromised.
(d) A windshield containing intersecting cracks or 3 or more star breaks or bullseyes larger than 3 inches within the critical viewing area of the driver on the front windshield.
(1) For purposes of this subparagraph, “critical viewing area” means the portion of the windshield extending 3 inches inward from the left windshield post; 3 inches down from the top edge; 3 inches up from the bottom edge; and, 3 inches to the right of the vertical centerline.
(e) Tires, excluding spare tires.
(f) A fuel system showing evidence of large, obvious leakage.
III. Law enforcement may issue a defective equipment tag for a vehicle it has judged unsafe or not equipped as required under this section. Such tag shall provide a minimum period of 7 calendar days in which the owner of such vehicle is required to repair the defect specified in such tag.
IV. The driver or owner who operates, or permits the operation of, a motor vehicle in violation of this section shall be guilty of a violation. The fine for a violation of this section shall be $60.
V. Notwithstanding paragraph IV, the director may immediately suspend the registration and plates of a motor vehicle if there is evidence from law enforcement that the vehicle is an immediate hazard to public safety.
2 Sale of Used Motor Vehicles; Examination. Amend RSA 358-F:2 to read as follows:
358-F:2 Inspection. Before selling to any customer any used motor vehicle which is believed by the customer to be unsafe for operation upon the highways pursuant to RSA 266, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states: This motor vehicle is unsafe for operation upon the highways pursuant to RSA 266. The following defects must be corrected. The dealer shall list all defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection. The dealer shall provide the customer with one of the following written statements at the time of sale:
I. If the dealer has conducted, or had conducted, an examination of the vehicle for compliance with the equipment requirements of RSA 266 and the vehicle is found to be in compliance, the dealer shall present to the customer at the time of sale a notice which states: This motor vehicle has been determined to be in compliance with the equipment requirements pursuant to RSA 266.
II. If the dealer has conducted, or had conducted, an examination of the vehicle for compliance with the equipment requirements of RSA 266 and the vehicle is found not to be in compliance, the dealer shall provide a statement which reads: This motor vehicle has been examined and determined not to be in compliance with the equipment requirements pursuant to RSA 266. The following defects are identified.
III. If the dealer has not conducted an examination of the vehicle for compliance with the equipment requirements of RSA 266, the dealer shall provide a statement which reads: No examination has been conducted to determine whether this motor vehicle is in compliance with the equipment requirements pursuant to RSA 266. The dealer may make a reasonable charge for conducting an inspection examination under paragraphs I or II. Each notice or statement provided under this section shall specify the date on which the examination was conducted, if any, and the name of the person who performed it.
3 Sale of Unsafe Used Motor Vehicles; Remedy. ?Amend RSA 358-F:4 to read as follows:
358-F:4 Remedy. A failure of any dealer to comply with the provisions of this section, or a concealment by any dealer of any defect which was discovered, or should have been discovered, during the inspection examination conducted requested under RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
4 Temporary Permit and Plates Pending Registration. New Paragraphs; Temporary Permit and Plates Pending Registration. Amend RSA 261:56 by inserting after paragraph II the following new paragraphs:
III. Notwithstanding paragraphs I and II, no dealer shall issue a temporary plate or temporary registration certificate to any motor vehicle that fails to meet the requirements set forth in RSA 266.
IV. The director shall adopt rules, pursuant to RSA 541-A, relative to the requirements dealers must follow prior to issuing a temporary plate or temporary registration under this section.
5 Twenty-Day Registration. Amend RSA 261:57, I to read as follows:
I. Any resident of this state who intends to purchase a vehicle in another state or from another person or who is unable to register a vehicle because of limited hours of operation of the town clerk in the town where the person resides may apply to the division or its substation or authorized agent nearest his or her residence for a registration to drive said vehicle on the ways of the state in an unregistered condition. Said resident shall appear in person at the division or substation to obtain such registration and shall sign under penalty of perjury a statement that the vehicle is safe for operation upon the highways pursuant to RSA 266 meets all New Hampshire inspection requirements, and in the case of a person seeking an extension of his or her registration, that he or she was unable to register the vehicle because of the limited hours of the town clerk, before said registration may be issued. Said registration shall be valid for 20 days from the time it is issued. Application blanks and permits in the form prescribed by the director shall be designed, printed, and supplied to the substations by the division. The fee for the issuance of a registration shall be $20. It shall be unlawful for any person to drive a vehicle on the ways of the state under a registration issued pursuant to this section unless said person has in his or her possession a valid bill of sale for the vehicle he or she is driving, or in the case of a person whose registration is extended, a copy of the form indicating he or she was unable to register because of the limited hours of the town clerk. No person shall make application for a 20-day registration on the same vehicle more than once within a 12-month period. Only 3 20-day registrations shall be issued on the same vehicle within a 12-month period.
6 Off Highway Recreational Vehicles And Trails; Rental Fleet Passenger Vehicle Registration Program. RSA 261:40-b is repealed and reenacted to read as follows:
261:40-b Rental Fleet Passenger Vehicle Registration Program.
I. The division of motor vehicles shall establish a rental fleet registration program, whereby a qualified registrant, according to paragraph II, may register 50 or more in-service rental passenger vehicles as a fleet, elect a common annual expiration date for all vehicles in the fleet, receive registration stickers for each vehicle in the fleet that shall be valid for 2 years, and pay registration fees for each fleet vehicle based on the common 2-year expiration date and according to rates and costs established in existing law. In addition to the registration fees, the registrant shall pay all registration permit fees and municipal fees for each registration year.
II. The rental fleet registration program shall be solely for the registration of a fleet of 50 or more in-service rental passenger vehicles. A rental car company intending to register such a fleet shall submit a current New Hampshire certificate of good standing issued by the secretary of state's office to the division of motor vehicles and receive the division's approval to enroll in the program. Once enrolled in the program, a registrant shall submit a current certificate of good standing at the time of payment of registration fees and costs. Additionally, the division may require a company enrolled in the program to produce a current certificate of good standing at any time during the 2-year period of registration. If a rental car company is not in good standing with the secretary of state or fails to meet other enrollment criteria set by the division of motor vehicles, including maintaining an in-service fleet of 50 or more vehicles, the division shall terminate the registrant's fleet registration and revert any existing registration credentials to those of a non-fleet vehicle.
III. Upon initial registration of a fleet, and at least 60 days prior to the common 2-year expiration date for the fleet, the registrant shall provide an itemized account of all motor vehicles in the fleet in the manner required by the division.
IV. Any vehicle added to the fleet after the initial fleet registration shall receive a registration sticker identical to those of the registered fleet and the registrant shall be required to pay a prorated amount of registration fees and costs for the remainder of the year until the common 2-year expiration date. A registrant may transfer the registration of a permanently retired fleet vehicle to a new in-service fleet vehicle for any remainder period of registration.
V. The director of the division of motor vehicles shall adopt rules pursuant to RSA 541-A regarding enrollment and cancellation of enrollment.
VI. No later than 60 days after the effective date of this paragraph, the commissioner of the department of safety shall make rules under RSA 541-A relative to the establishment and administration of the rental fleet passenger vehicle program established in RSA 261:40-b.
7 Effective Date. This act shall take effect upon its passage.
25-0198
1/20/26
HB 649-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2026-0039s)
FISCAL IMPACT: This bill does not provide funding.
|
| |||||
Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $45,000 | $0 | $0 | ||
Funding Source(s) | Restricted - Highway Fund Cost of Collections - Per the state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | ||||
METHODOLOGY:
This bill establishes a rental fleet passenger vehicle registration program administered by the Department of Safety, Division of Motor Vehicles (DMV), allowing qualified rental car companies with fleets of 50 or more in-service passenger vehicles to register vehicles as a fleet, elect a common two-year registration expiration date, and receive two-year registration stickers. Registration fees for fleet vehicles will be assessed in accordance with existing statutory rates and prorated as applicable. Additionally, the bill prohibits motor vehicle dealers from issuing temporary plates or temporary registrations for vehicles that do not meet the requirements set forth in RSA 266, and clarifies that applicants for 20-day registrations must certify the vehicle is safe for operation pursuant to RSA 266, rather than certifying compliance with all inspection requirements (the existing fee structure and issuance limits for 20-day registrations is maintained).
The Department assumes the implementation of the rental fleet passenger vehicle registration program and the associated rulemaking can be absorbed within existing DMV staffing and resources. Also, the Department states this bill is not expected to change overall registration fee revenue, as fees will continue to be collected in accordance with existing law, nor is it expected to result in a fiscal impact to state or municipal revenue or expenditures. Administrative changes related to temporary plates, temporary registrations, and 20-day registrations are assumed to clarify existing practice and do not result in additional costs.
The Department states DMV will be required to update the Motor Vehicle Application Processing (MAAP) system to accommodate the rental fleet passenger vehicle registration program, including but not limited to:
The necessary changes would involve system programming, testing, and deployment, with estimated costs of approximately $45,000 based on current vendor rates and established development timelines. In addition, municipalities that utilize third-party registration software certified to interface with MAAP will require corresponding software updates to ensure compatibility with the new rental fleet registration structure, expiration logic, and eligibility validation requirements. Third-party software vendors are required to certify their products with the DMV prior to deployment. Based on historical certification efforts, it is assumed that each vendor will incur costs associated with software development, testing, and DMV certification. These costs are borne by the vendors and municipalities and are not paid directly by the State.
The Department assumes this bill will have no impact on revenue.
AGENCIES CONTACTED:
Department of Safety