January 30, 2026
State has not yet received federal approval to end program
In a sharp U-turn, a federal judge blocked the repeal of New Hampshire’s annual inspection requirement for passenger vehicles. The order was issued on January 28, just days before the repeal was set to take effect on January 31.
Background: The federal judge sided with Gordon-Darby, a Kentucky company that has administered New Hampshire’s inspection program since 2004. The company filed a lawsuit at the end of last year arguing the state could not repeal the program without permission from the federal Environmental Protection Agency (EPA).
New Hampshire applied for approval to end the program on December 24 but the EPA has not yet signed off.
What’s Next. On January 30, the New Hampshire Attorney General’s Office published guidance for vehicle owners and an update on next steps.
Notably, the state is offering an extended grace period for inspections that expired prior to March:
In the interim, due to the public’s reasonable expectation that the program was ending on January 31, 2026, the Department of Safety is extending the deadline to obtain a state inspection to April 10, 2026, for any vehicle with an inspection that expires prior to March 2026.
Further, the AG’s office intends to appeal the court order and will publish additional guidance as the situation develops.
Other Steps. A group of state lawmakers are pushing to eliminate state penalties for motorists that do not have a current inspection sticker on their vehicle. They intend to fast track that proposal.
Action from the EPA could also pave the way for repeal to take effect.
NFIB will continue to track and update on these proposals and further court action.
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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