By PAULA TRACY, InDepthNH.org

CONCORD – The state Department of Safety is extending the deadline to obtain state vehicle inspections to April 10 for any vehicle with an inspection that expires prior to March 2026, while Attorney General John Formella appeals a federal court order that requires inspections to continue even though the legislature killed the program last year.

Vehicle inspections had been scheduled to end under the new law on Saturday, Jan. 31, 2026.

Meanwhile, an Executive Councilor has asked Gov. Kelly Ayotte to hold an emergency meeting related to the order from Justice Landya McCafferty who noted that the state has not yet received a waiver of the federal Clean Air Act to move forward with abandoning its vehicle inspection program.

In a late afternoon press release Friday, the attorney general and Department of Safety noted a request to extend a contract with the firm Gordon-Darby Inc. – which has been operating the inspection program the past four years and who sued the state to continue operation – is anticipated to be considered by the Executive Council in the near future.

“Further guidance will be provided as this situation continues to develop,” the release says.

Under state law passed last year, New Hampshire’s required vehicle inspection program was scheduled to end on January 31, 2026. However, before that change took effect, a federal court this week ordered the State to keep the inspection program in place for now.

The state disagrees with the court’s preliminary injunction, plans to appeal the court’s decision, and will seek to pause the ruling while the appeal is underway. “In addition, future legislative action or court developments could change the status of the inspection program,” the statement says.

“We understand that these changes may be confusing or frustrating for New Hampshire drivers. If there are any updates, the State will share new guidance at www.dmv.nh.gov and will work to provide additional flexibility where appropriate,” it concluded.

A few hours before the statement was issued, Executive Councilor John Stephen, R-Manchester, said he is asking Gov. Kelly Ayotte to schedule an emergency meeting of the five-member council as a result of the ruling.

Gordon-Darby, which holds the contract to administer that program, filed the federal suit and was able to get an injunction. That court order means that for now, the state must continue with its vehicle inspection program while it awaits a federal waiver of the Clean Air Act on auto emissions testing.

The Executive Council approved a five-year contract with Gordon-Darby which was to continue through December, 2025 but after the law passed last year, sent the company a notice it would be discontinuing the contract. The company then sued.

Stephen asked at Wednesday’s meeting if the state had to keep Gordon-Darby on and the attorney general said it was not part of the 44-age ruling by McCafferty.

Ayotte’s office did not immediately respond to a request for comment.

In a press release, Stephen said, “Gordon-Darby sued New Hampshire taxpayers and got their injunction. Now the question is: what happens next?…The Department of Safety already took official action to terminate this contract effective January 31st. A federal judge doesn’t have the authority to force the Executive Council to spend taxpayer money—that power belongs to the people of New Hampshire through their elected representatives.”

“Under our Constitution, not one dollar leaves the Treasury without Executive Council approval,” Stephen continued. “Gordon-Darby can wave their court order around all they want, but they cannot compel the Council to authorize payment. The Council needs to meet immediately so we can chart a course forward that protects New Hampshire taxpayers—not an out-of-state vendor that chose litigation over cooperation.”

“This company decided to drag New Hampshire into federal court rather than accept the Legislature’s decision,” said Stephen. “Now they expect us to simply keep writing checks? The Executive Council will have something to say about that.”

An official for Gordon-Darby https://www.gordon-darby.com/ was not immediately available for comment.