Amendment vs bill Ought to Pass with Amendment vs Ought to Pass

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HB 649-FN - AS INTRODUCED SESSION 25-0198 11/08 HOUSE BILL 649-FN AN ACT removing the requirement for physical safety inspections and on-board diagnostic tests for passenger vehicles and eliminating funding for the motor vehicle air pollution abatement fund.
HB 649-FN - AS AMENDED BY THE SENATE 01/07/2026 0039s 02/05/2026 0345s SESSION 25-0198 11/08 HOUSE BILL 649-FN AN ACT relative to the maintenance obligations of motor vehicle operators.
Transportation ───────────────────────────────────────────────────────────────── ANALYSIS This bill removes the requirement for physical safety inspections and on-board diagnostic tests for passenger vehicles and eliminates funding for the motor vehicle air pollution abatement fund.
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.
HB 649-FN - AS INTRODUCED 25-0198 11/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT removing the requirement for physical safety inspections and on-board diagnostic tests for passenger vehicles and eliminating funding for the motor vehicle air pollution abatement fund.
HB 649-FN - AS AMENDED BY THE SENATE 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.
1 Motor Vehicle Air Pollution Abatement Fund;
1 New Section;
Definitions.
Operation of Unsafe Motor Vehicle.
Amend RSA 125-S:2 to read as follows:
Amend RSA 266 by inserting after section RSA 266:8-a the following new section:
125-S:2 Definitions.
266:8-b Operator Vehicle Maintenance.
In this chapter:
"Department" means the department of environmental services.
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.
["Motor vehicle inspection fee" means the fee collected by the department of safety pursuant to RSA 266:2.
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:
III.] "Mobile source" means, for the purposes of this chapter, any motor vehicle registered for on-road use by the department of safety, division of motor vehicles.
(a) Any defect that permits exhaust gases to enter the passenger or cargo compartment.
2 Inspection;
(b) Any exterior panel, including doors, hood, fenders, trunk, or bumpers, that are missing;
Power Unit and Trailer.
provided, however, that doors may be missing if originally and expressly designed by the manufacturer to be removable.
Amend RSA 266:18-d, III to read as follows:
(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.
Vehicles so certified include the power unit and trailer.
Law enforcement may issue a defective equipment tag for a vehicle it has judged unsafe or not equipped as required under this section.
The vehicle shall be certified upon submission to the department of documentation satisfactory to the department from the manufacturer attesting that the vehicle is capable of safely carrying the additional weight.
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.
Such attestation shall be required upon the first application for certification and a new attestation shall be required at any time when the configuration of the vehicle relative to power unit, axles, springs, or other safety items that could affect the vehicle's ability to qualify for an excess weight certification is altered.
HB 649-FN - AS AMENDED BY THE SENATE - Page 2 - IV.
Such attestation shall designate the maximum safe gross weight for the vehicles as determined by the components and the summation of the manufacturer's axle design limits for each axle of the vehicle [The power unit and trailer shall be required at all times to have a current inspection sticker or decal from an official inspection station].
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.
3 Inspection;
The fine for a violation of this section shall be $60.
Rulemaking.
V.
Amend RSA 266:18-d, VI to read as follows:
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.
VI.
2 Sale of Used Motor Vehicles;
The commissioner or his designee may revoke or suspend any additional registration granted pursuant to paragraph V of any vehicle or vehicles which are being driven in violation of the limits established by RSA 266:18-b or any other provision of law as evidenced by a record of such violations.
Examination.
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The commissioner shall adopt rules pursuant to RSA 541-A pertaining to the procedures for such revocation or suspension and the application[,] and certification[, and inspection] process for additional truck weights, as well as procedures to become certified as a vehicle inspector for additional weights.
4 Inspection;
Motorcycle Noise.
Amend RSA 266:59-a to read as follows:
266:59-a Motorcycle Noise Levels.
HB 649-FN - AS INTRODUCED - Page 2 - I.
No person shall operate in this state any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed;
or (b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less;
or (c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
[II.
No person shall pass for the purposes of the inspection required by RSA 266:1 any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed;
or (b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less;
or (c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
III.] II.
Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not less than $100 nor more than $300.
5 Inspection;
Odometers.
Amend RSA 266:60 to read as follows:
266:60 Standards for Odometers.
No passenger motor vehicle designated as a 1972 or later model which is manufactured after January 1, 1972, shall be registered in this state unless it is equipped with a tamper-resistant odometer designed with the intent to reduce the likelihood of unlawful tampering with the mileage reading thereon.
The director may adopt rules pursuant to RSA 260:5 establishing standards for such devices, which standards shall be consistent with provisions of federal law, if any, relating thereto.
The director shall not require, as a condition precedent to the initial sale of a vehicle, [the inspection,] certification or other approval of such odometer if such device or equipment has been certified by the manufacturer as complying with federal or state law or rule.
6 Street Rod Equipment;
Inspection.
Amend RSA 266:13, I to read as follows:
I.
A vehicle registered as a street rod shall be equipped as prescribed by RSA 266 [and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A,] as [they] it may be applicable to vehicles whose model year is prior to the year 1949.
7 Custom Vehicles;
Inspection.
Amend RSA 266:115, I to read as follows:
HB 649-FN - AS INTRODUCED - Page 3 - I.
A vehicle registered as a custom vehicle shall be equipped as prescribed by RSA 266 [and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A], as [they] it may be applicable to such vehicles.
8 Sale of Unsafe Used Motor Vehicles;
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 266:8] RSA 266, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle.
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.
This motor vehicle [will not pass a New Hampshire inspection and] is unsafe for operation upon the highways pursuant to RSA 266.
This motor vehicle 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 following defects must be corrected.
The dealer shall list all [inspection] defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection.
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.
9 Sale of Unsafe Used Motor Vehicles;
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;
Amend RSA 358-F:4 to read as follows:
 Amend RSA 358-F:4 to read as follows:
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 [required by] requested under RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2.
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, HB 649-FN - AS AMENDED BY THE SENATE - Page 3 - 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.
10 Repeal.
4 Temporary Permit and Plates Pending Registration.
The following are repealed:
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:
RSA 125-S:4, relative to the motor vehicle air pollution abatement fund.
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 conditionSaid 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 HB 649-FN - AS AMENDED BY THE SENATE - Page 4 - 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.
RSA 260:6-a, relative to administrative review of sanctions against inspection stations.
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.
RSA 260:6-b, relative to point system for automobile dealer and inspection station violations.
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.
RSA 266:1, relative to inspection authorized.
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.
RSA 266:1-a, relative to state police duties relative to vehicle inspection.
The director of the division of motor vehicles shall adopt rules pursuant to RSA 541-A regarding enrollment and cancellation of enrollment.
RSA 266:1-b, relative to inspection of trailers.
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.
VII.
7 Effective Date.
RSA 266:2, relative to fees.
This act shall take effect upon its passage.
VIII.
LBA 25-0198 02/25/2026 HB 649-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-0345s) AN ACT relative to the maintenance obligations of motor vehicle operators.
RSA 266:3, relative to inspection of spare tires.
IX.
RSA 266:3-a, relative to rust.
X.
RSA 266:4, relative to repair of defective equipment.
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.
HB 649-FN - AS INTRODUCED - Page 4 - XV.
RSA 266:78-o, relative to emergency and warning lights;
duties of official inspection stations.
11 Effective Date.
This act shall take effect January 1, 2026.
LBA 25-0198 1/10/25 HB 649-FN- FISCAL NOTE AS INTRODUCED AN ACT removing the requirement for physical safety inspections and on-board diagnostic tests for passenger vehicles and eliminating funding for the motor vehicle air pollution abatement fund.
Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 $1,706,250 $3,412,500 $3,412,500 Decrease Decrease Decrease Revenue Fund(s) General Fund, Highway Fund, and MV Air Pollution Abatement Fund Highway Fund Block Grants To Municipalities FY 2027 - $173,250 Decrease FY 2028 - $346,500 Decrease Expenditures* $0 MV Air Pollution Abatement Fund FY 2026 - Indeterminable FY 2027 and FY 2028 - $272,000 Decrease Per Year Funding Source(s) Highway Fund and MV Air Pollution Abatement Fund Appropriations* $0 $0 $0 $0 Funding Source(s) *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 $173,250 $346,500 Local Revenue $0 $0 Decrease Decrease Local Expenditures $0 $0 $0 $0 METHODOLOGY:
Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund None Division of Motor Vehicles System Change Cost - $45K in FY 2027 Expenditures* Criminal Justice Impact - Indeterminable General Fund, Restricted - Highway Fund Cost of Collections - Per the state constitution, costs associated with the collection/administration of Funding Source 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 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 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable   METHODOLOGY:
This bill, effective January 1, 2026, eliminates the requirement of a physical safety inspection and on-board diagnostics testing for all private passenger vehicles.
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.
The Department of Safety reports that there were 1,048,001 vehicles registered in the last completed calendar year (2023).
Registration fees for fleet vehicles will be assessed in accordance with existing statutory rates and prorated as applicable.
Inspection stickers cost $3.25, with revenue split between three accounts:
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).
$2.75 to the highway fund, $0.25 to the general fund, and $0.25 to the motor vehicle air pollution abatement fund.
  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.
Based on the assumption of 1,050,000 fewer inspection stickers per calendar year, this bill will have the following impact on state revenue:
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.
  FY 2026 FY 2027 FY 2028 # Fewer Inspection Stickers 525,000 1,050,000 1,050,000 Revenue Decrease       Highway Fund ($2.75/per) ($1,443,750) ($2,887,500) ($2,887,500) General Fund ($0.25/per) ($131,250) ($262,500) ($262,500) MV Air Pollution Abatement Fund ($0.25/per) ($131,250) ($262,500) ($262,500) Total ($1,706,250) ($3,412,500) ($3,412,500) Also, pursuant to RSA 235:23 (“Apportionment A”, highway fund block grants), 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 $173,250 in FY 2027 and $346,500 in FY 2028 and each year thereafter.
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.
This bill also repeals the Motor Vehicle Air Pollution Abatement Fund, administered by the Department of Environmental Services.
  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:
Expenditures in FY 2026 are indeterminable as is unknown how much may be remaining in this dedicated fund at time of repeal (January 1, 2026) or how spending may be impacted in the months leading up to the repeal.
· Creation of a rental fleet designation;
For informational purposes, as of June 30, 2024, the Department reported a fund balance of $691,596, and average annual expenditures over the past four fiscal years of approximately $272,000.
· Ability to assign a common two-year expiration date across multiple vehicles;
AGENCIES CONTACTED:
· Proration of registration fees to the common expiration date;
Department of Safety and Department of Environmental Services
and · Validation of fleet eligibility and enrollment status   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 total registration revenue collected.
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.
Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.
A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association