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CONCORD, NH – If you were born in February and are looking forward to not needing to get your car inspected this year, think again. Maybe.
That’s the unclear situation as of Jan. 28 after a federal judge put a temporary hold on a new state law that ends car inspections this month. Annual mechanical and emissions vehicle inspections will still be required in February unless more legal actions occur during the month, which remains a possibility.
“We are reviewing the court’s decision and considering appropriate next steps. We note that the order addresses a preliminary matter and does not resolve the merits of the case,” wrote Michael Garrity, director of communications for the Department of Justice, in response to a Monitor query.
In a press conference, Gov. Kelly Ayotte said the state was reviewing the decision and looking at next steps. She also said state authorities “will be providing guidance” to drivers on how to proceed.
“I understand” the frustration, she said. “People haven’t gotten their cars inspected and don’t want to be driving on the road and feel like they’re going to be stopped in light of this court ruling.”
But she noted: “We’re not the only state that has gone in this direction; many other states have taken this action.”
The ruling addresses a lawsuit brought by Gordon-Darby Inc., the company that administers the inspection program. The company argues that the law, passed by the state legislature last year, is illegal.
At issue is the emissions portion of the vehicle inspection, which is required under federal law. The state is asking the federal Environmental Protection Agency to waive the mandated emission requirements, but until that happens, the new state law can’t go into effect because it would violate the Clean Air Act, according to U.S. District Judge Landya McCafferty’s ruling in U.S. District Court in Concord.
It seems likely that, in its current outlook on pollution, the EPA will grant the exemption. When that will happen and what effect that would have on the lawsuit is unclear.
In New Hampshire, 1.2 million cars received safety inspections last year, with a roughly 86% pass rate, Division of Motor Vehicles Director John Marasco told a Senate committee earlier last year. Nearly 173,500 vehicles failed their initial inspection.
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