Committee reviews Section 24: focus inspections on immediate safety risks, emergency rule option and specialty vehicle exemptions debated
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Summary
The committee reviewed Section 24 of a transportation bill directing DMV to amend the inspection manual to fail only for immediate safety risks, allow emergency rulemaking to speed changes and create a limited‑use specialty vehicle class (exempt from annual emissions checks but still subject to safety inspections). Members raised concerns about bypassing public comment, mechanic liability, EPA emissions waivers and enforcement.
David (presenter) told the committee that Section 24 directs the DMV to amend the vehicle inspection manual to emphasize conditions that constitute an immediate safety risk and to “advise” vehicle owners about deteriorating components that are not immediate failures.
Explaining how the change would work, David said the bill would allow the department to deem a proposed permanent rule eligible for emergency rulemaking and roll out a temporary 180‑day emergency rule while simultaneously proposing the permanent rule. He told members, “it allows them to get these changes out more quickly…and then to adopt a permanent rule at the end of that hundred and 80 day period.”
Members asked how advisories would be recorded and how tablet records would interoperate with the inspection manual; David said tablets would remain and the manual would be updated in consultation with the department. On emissions, David said that emissions testing remains under ANR for Clean Air Act compliance; changing inspection or emissions cadence could require an EPA waiver (he cited New Hampshire’s recent experience and a pending federal review/court action), so the committee should consider federal compliance implications.
Representative Burke and other members described the evolution of inspections and public pushback after tablet adoption; some expressed discomfort about using emergency rulemaking for non‑imminent threats. One member said the emergency route can reduce the perceived weight of public comment; David acknowledged that emergency rules typically are adjusted as part of the permanent rule process but that the statute allows the General Assembly to authorize emergency rulemaking in these cases.
The section directs the DMV to review specific systems (tires, power steering, suspension, brake rotors, lighting/electrical, windshield/windows/wipers, vehicle body and others at the commissioner's discretion) to determine whether amendments are necessary. Members raised particular questions about windshield tinting (windshield tint is currently a failure; side‑window tinting is advisory) and whether power‑steering failure should remain a failure given drivability concerns.
The bill also defines a new class, "limited‑use specialty vehicles" (kit cars, restomods and small‑manufacturer specialty cars), referencing the federal FAST Act's 325‑vehicle threshold for small manufacturers. These vehicles would be subject to annual safety inspections but exempt from visual emissions or onboard diagnostic inspections, would pay an annual $26 fee (same as antique plates), and would receive a specialty plate indicating limited use. David noted the language authorizing up to 12 certificates per year may have been intended as 12 additional certificates per year; the committee flagged that ambiguity for cleanup.
Next steps: the DMV is required to file proposed amendments and adopt emergency rules on or before August 1, submit summaries and annotated copies to legislative committees and LCAR, and file responsiveness summaries after adoption. The committee indicated it will invite DMV and other stakeholders to provide more detail at markup (including liability and enforcement clarifications).
