New Hampshire Vehicle Inspections Temporarily Resume After Court Ruling
Locales: New Hampshire, UNITED STATES

MANCHESTER - New Hampshire residents can once again breathe a sigh of relief regarding vehicle safety, as a Hillsborough County Superior Court judge has issued a preliminary injunction halting the controversial new guidance from the Department of Motor Vehicles (DMV) concerning vehicle inspections. The ruling, delivered Friday, effectively puts an end - temporarily - to the escalating dispute that saw inspection stations shuttered across the state and raised concerns about public safety.
Judge Charles E. Del Collo determined that the DMV's late December guidance, which declared vehicle inspections unlawful, overstepped the department's authority and ran contrary to established state law. This guidance effectively implemented a ban on inspections, leading to widespread closures and leaving vehicle owners uncertain about their compliance with regulations.
"The guidance issued by the department effectively bans vehicle inspections," Judge Del Collo stated in his ruling. "The guidance is unlawful, and the department exceeded its statutory authority when it issued the guidance." The injunction immediately suspends the DMV's guidance, meaning vehicle inspections can resume while the underlying legal challenge plays out.
The Roots of the Dispute: A Flawed Law and an Overzealous Interpretation
The current crisis stems from a recent court decision that deemed the 2019 law authorizing vehicle inspections unconstitutional. While the Auto Body Association of New Hampshire (ABA) acknowledges the law's imperfections, they argue it can be amended and refined to address the constitutional concerns, rather than discarded entirely. The DMV, however, interpreted the ruling as a complete prohibition on vehicle inspections.
The ABA, who brought the legal challenge, argued that the DMV's response was a drastic overreach, causing significant hardship to its members - the businesses that perform these essential safety checks - and jeopardizing public safety. Their legal team successfully demonstrated the detrimental impact of the guidance, paving the way for the judge's favorable decision.
"The DMV clearly went too far," explained John P. Cannon, attorney for the Auto Body Association. "They didn't simply say the law needs to be amended. They said inspections are illegal, period. That shut down a vital service for New Hampshire residents." Cannon's argument resonated with the judge, who explicitly acknowledged the irreparable harm caused by the guidance.
Public Safety Concerns Addressed
Beyond the economic impact on inspection businesses, the suspension of vehicle inspections raised serious concerns about road safety. Regular inspections are crucial for identifying potential mechanical issues - faulty brakes, worn tires, malfunctioning lights - that could contribute to accidents. Without these checks, unsafe vehicles remain on the road, posing a risk to drivers, passengers, and pedestrians. Judge Del Collo specifically highlighted this danger in his ruling, noting that the guidance deprived residents of a "necessary safety service."
Looking Ahead: Negotiation and a Continuing Legal Battle The DMV has yet to issue a statement regarding the judge's decision. However, the Auto Body Association has already reached out, requesting a meeting with state officials to discuss a path forward and facilitate the restoration of a functioning vehicle inspection system. While the injunction offers immediate relief, the legal battle is far from over. The state will likely consider its options, potentially appealing the ruling or seeking to craft new legislation.
The core issue remains the 2019 law. Any lasting solution will necessitate either a successful appeal of the initial ruling against the law, a legislative amendment to address the constitutional concerns, or the creation of a new legal framework for vehicle inspections in New Hampshire.
This case underscores the importance of clear and careful interpretation of legal rulings by state agencies. The DMV's decisive action, based on their reading of the previous court decision, had a rapid and significant impact, disrupting a vital service and raising legitimate public safety concerns. The judge's decision serves as a reminder that administrative guidance must remain within the bounds of statutory authority and should not be used to effectively circumvent the legislative process.
New Hampshire drivers are advised to check with local inspection stations for updates on availability as the system slowly recovers. The Auto Body Association promises to keep the public informed about the progress of negotiations and the ongoing legal proceedings.
Read the Full WMUR Article at:
[ https://www.wmur.com/article/guidance-vehicle-inspection-injunction-012826/70178388 ]