This story was originally produced by The Keene Sentinel. NHPR is republishing it in partnership with the Granite State News Collaborative.
The state won another round in an ongoing dispute over its vehicle inspections program Thursday when an appeals court granted New Hampshire’s request that it stay, or pause, a lower-court order that it resume the program.
Gordon-Darby, the Kentucky company that ran the program, asserts in a lawsuit against the state that the yearly maintenance and safety inspections, which include examination of vehicle emissions equipment, must continue.
The company argued that failure to do so violates New Hampshire’s plan for implementing the federal Clean Air Act.
U.S. District Court Judge Landya McCafferty was persuaded by that argument and issued a preliminary injunction on Jan. 27 ordering that the state continue with the inspection program.
But the U.S. First Circuit Court of Appeals in Boston stayed the injunction Thursday, finding that McCafferty “likely erred in concluding that Gordon-Darby adequately alleged a violation” of the Clean Air Act.
The practical effect of the appeals court ruling is muted though, since, despite McCafferty’s order, the state never resumed the vehicle inspection program, which required motorists to bring their vehicles in to authorized mechanics for yearly exams.
The New Hampshire Attorney General’s Office has advised motorists they no longer need to submit their vehicles to yearly inspections. Motorists are still legally required to keep their vehicles in safe working condition.
Attorney General John Formella asked the New Hampshire Executive Council to temporarily extend Gordon-Darby’s contract with the state in order to comply with the lower-court order, but the New Hampshire Executive Council declined to do so in early February.
The New Hampshire Legislature passed a law last year that sunset the vehicle inspection program on Jan. 31. Auto mechanics and car dealers testified that program promotes public safety, while motorists expressed objections to having to bring their vehicles in for inspection, and in some cases, costly repairs.
McCafferty on Wednesday declined Gordon-Darby’s request to hold the state in contempt of court and to possibly levy fines.
