Top Republicans in the New Hampshire State House say they are working on multiple fronts to thwart the federal injunction that's now blocking the state from ending mandatory auto inspections at the end of the month. That ruling, issued Tuesday by the U.S. District Court Judge Landya McCafferty, came in a lawsuit brought against the state under the federal Clean Air Act by Kentucky-based Gordon-Darby, the company that supplies New Hampshire’s emissions testing equipment.
Republican leaders say the state is reaching out to the Environmental Protection Agency in hopes that it will grant immediate approval of the state’s new air pollution plan. GOP lawmakers also say their party is committed to fast-tracking legislation aimed at blunting the effects of the state’s inspection program that remains in place with this week’s court ruling.
House Majority Leader Jason Osborne said he expects House and Senate Republicans to push through a bill next week to that effect. If that doesn’t happen, he said Republicans have another plan: A piece of legislation that would bar police from pulling over New Hampshire drivers for not displaying an inspection sticker. Insurers would also be prohibited from making a valid safety inspection a precondition before issuing insurance. And the maximum fine a driver would pay if cited for driving without a valid inspection sticker would be capped at $1.
Executive Councilor John Stephen meanwhile says he is committed to ensuring the state limits spending more money on its car inspection program. Stephen says when the state repealed mandatory annual car inspections as part of the state budget last year, it effectively voided its contract with Gordon-Darby as of Feb. 1 — the planned date for the inspection program to expire.
Stephen says any further spending on auto inspections, court-mandated or not, must be approved by the Executive Council. Stephen added that, as far as he’s concerned, Gordon-Darby — which performs auto emissions testing in a number of states — has worn out its welcome here.
“They are suing the state of New Hampshire," Stephen said. "I don’t feel comfortable contracting with a vendor that is suing the state of New Hampshire."
In the meantime, New Hampshire’s car inspection requirements remain in effect. Police are currently empowered to pull over drivers without a valid inspection sticker. The New Hampshire Department of Safety declined to say Thursday whether it has issued fresh guidance on handling inspection violations.
“As this is pending litigation, we would refer your request for comment to the Attorney General’s office,” said Department of Safety spokesman Tyler Dumont.
The New Hampshire Attorney General’s office didn’t return a request for information Thursday. Attorney General John Formella has suggested he plans to clarify the state’s approach to car inspections and the Gordon-Darby lawsuit before month’s end.
"We're certainly going to have some clear public guidance in the coming days, but we are reviewing the order," Formella said. "We're going to have to discuss it with the Department of Environmental Services and the Department of Safety to talk about what our plan is."
The New Hampshire Auto Dealer’s Association, which opposed the inspection repeal, has been reminding its members that the annual car inspection requirement remains in full effect.
“Safety and emissions inspections are still required and should be conducted responsibly in compliance with the laws and rules,” the NHADA reminded members in a memo Thursday.
Some were quick to see a sales opportunity.
“$15 off New Hampshire State Inspection,” Audi Stratham announced in a promotion it plans to run through April.
While Republicans in Concord say they are using all levers, they acknowledged the timetable for resolving confusion around this issue remains unknown.
“Worst case scenario, we are talking a couple of months,” Osborne predicted.
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