Federal Judge Halts New Hampshire’s Vehicle Inspection Repeal

A federal judge has blocked New Hampshire's plan to end its vehicle inspection program, putting the brakes on plans to phase it out beginning this weekend.

On Tuesday, Jan. 27, Judge Landya B. McCafferty issued a preliminary injunction ordering state officials to enforce the existing vehicle inspection and maintenance program. McCafferty based her 44-page ruling on the Clean Air Act, noting that New Hampshire cannot terminate its inspections program unless and until the U.S. Environmental Protection Agency approves the plan.

“The public has an interest in the continuation of an (inspection and maintenance) program that the EPA deemed sufficient to assist New Hampshire in achieving applicable air-quality standards,” she wrote in the ruling obtained by the Boston Globe. “The public also has an interest in the continuation of an annual safety inspection requirement that keeps unsafe vehicles off the roads.”

Michael S. Garrity, a spokesperson for the New Hampshire Department of Justice, told the Globe that the state's attorneys are reviewing the court's ruling and will meet to determine how to proceed.

“We note that the order addresses a preliminary matter and does not resolve the merits of the case,” Garrity said. He noted that the state would release additional information for the public “in the coming days.”

The litigation that prompted McCafferty's ruling was brought by Gordon-Darby Inc., the contractor running the inspections, which argued the repeal was illegal.

Several GOP state lawmakers took to social media in response to McCafferty's ruling.

“One Obama-appointed judge and a greedy out-of-state corporation are not going to stop the will of the people,” said Rep. Ross Berry of Weare on X.

House Republicans said they backed an amendment that would impose a $1 fine on anyone who does not have an updated inspection. That amendment would also require police not to pull someone over for lacking an inspection sticker, they announced on social media.

Governor Kelly Ayotte, who signed the change into law last summer, told the media that, during a meeting with state officials last year, she was informed New Hampshire could proceed with eliminating vehicle inspections.

She emphasized that, if necessary, the state would seek EPA approval to move forward with its original plans.