New Hampshire
Judge expected to rule quickly on fate of New Hampshire motor vehicle inspections
A federal judge is expected to decide soon on whether New Hampshire can proceed with its plan to end mandatory motor vehicle inspections on Jan. 31, or if doing so would put the state out of compliance with the federal Clean Air Act.
Lawyers for Gordon-Darby, the Kentucky-based firm that provides emissions testing equipment to more than 1,000 automobile repair shops statewide, told Judge Landya McCafferty on Thursday that the state’s termination of vehicle testing requires approval from the federal Environmental Protection Agency, something the state has not yet obtained.
Until New Hampshire receives that permission, said Allison Wood, Gordon-Darby’s attorney, emissions testing “remains enforceable under federal law.” A spokesperson for the EPA has said it could take as long as 18 months for the federal government to rule on the state’s request to end mandatory vehicle inspections.
Lawyers for the state contend that the company can’t yet seek to block the repeal of inspections because, for at least through the end of this month, those inspections are still mandatory.
They also told the judge that a decision from the EPA may not take a full 18 months: “This is not an ordinary case,” said Mark Lucas, an assistant attorney general for New Hampshire.
After hearing nearly two hours of arguments on a request to block the repeal of testing, McCafferty said she was concerned about “whiplash” for motorists who have been told inspections were set to expire. She also questioned the state on why it took six months from the passage of the repeal for it to submit its request to the EPA. McCafferty is expected to decide on Gordon-Darby’s request for an injunction blocking the repeal of testing by the end of the month.
Republican lawmakers in Concord included a provision ending mandatory inspections as part of the state budget passed last summer. Supporters said that there was little evidence that unsafe vehicles were the leading cause of crashes in the state, and that motorists should have the choice of whether or not to have their vehicles serviced.
Local car dealers and automobile repair shops, as well as personal injury lawyers, have warned about an inevitable increase in unsafe vehicles on New Hampshire roads without mandatory inspections. Some mechanics have said they plan to offer voluntary inspections for drivers who want their vehicle looked over.
Following the passage of the state budget, which contained the repeal of inspections, the New Hampshire Department of Safety and Department of Environmental Services began the process of submitting a request to the federal government to waive the emissions standards. But that formal request was not submitted until December. Before the EPA can approve or deny the state’s application, it will need to collect public comment on the matter.
Starting Feb. 1, New Hampshire will be in violation of the Clean Air Act if it no longer requires inspections, lawyers for Gordon-Darby said in court.
Gordon-Darby has a longstanding contract with New Hampshire to be the sole provider of emissions testing equipment, but there is no direct financial arrangement. Instead, Gordon-Darby receives a payment directly from repair shops each time they perform an inspection. In 2026, the firm expected to generate more than $4 million in revenue, money now in jeopardy.
Lawyers for the state told McCafferty that Gordon-Darby has the right to sue if it feels there has been a contractual violation, but that it doesn’t have standing to sue the government under provisions of the Clean Air Act.
Thursday’s hearing did not focus on the environmental impact of ending emissions testing. Data provided by the state shows that about 5% of vehicles have failed inspection due to excessive tailpipe emissions, on average, over the past 5 years, and that the number continues to decline, likely because more electric vehicles are on the roads.
With the Jan. 31 deadline looming, many New Hampshire drivers have already begun skipping inspections. Gordon-Darby said that in November, there were 33% fewer inspections performed than in the same month last year, despite the mandate still being in effect.
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The federal government has activated the New Hampshire National Guard’s 157th Air Refueling Wing in connection with the war with Iran.
“I’ve had a briefing myself, a classified briefing, but it’s really important on the messaging on this that we really coordinate with the Pentagon,” Gov. Kelly Ayotte told reporters during a press briefing following Wednesday’s Executive Council meeting.
Ayotte said she was unable to share additional details about the nature of the New Hampshire National Guard’s activity related to the conflict, including how many guard members have been activated or what role they are playing.
“We’re going to respect what messaging comes out of the Pentagon just to make sure that our men and women in uniform are fully protected and that we aren’t providing any information that could be used in a way that would be harmful to them,” Ayotte said.
In a statement Thursday, Ayotte said the unit had been deployed in late February to the U.S. Central Command area of responsibility in support of the operation.
Earlier this week, Pentagon officials confirmed that members of the Vermont National Guard were involved in attacks against Iran over the weekend, though our news partners at Vermont Public were not able to confirm additional details on the nature of the operation.
During the briefing with local reporters, Ayotte also stressed her support for servicemembers and those close to them.
“I have such respect for our men and women in uniform,” Ayotte said. “As you know, I come from a military family, and they have our full support, and we appreciate them and their families, and obviously anyone who is serving right now, and my thoughts and prayers go out to those who have lost someone that they love.”
By PAULA TRACY, InDepthNH.org
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment.
He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
New Hampshire currently has the lowest rate per mile among states with tolls roads.
The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
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