1. (a) Pursuant to RSA 266:59-b, V, if a privately owned vehicle has failed the OBD inspection, yet meets all other safety inspection requirements, a person who cannot make the necessary repairs due to economic hardship may apply to the division for an economic hardship time extension waiver.
2. (b) An applicant for an economic hardship time extension waiver shall complete and submit RDMV 381, “Application for OBD Economic Hardship Time Extension Waiver” form, as revised 11/19.
3. (c) The applicant shall provide a copy of the report generated by the inspection station that indicates that the vehicle has passed the safety inspection and identifies the reason(s) for the OBD failure, when the application is submitted.
4. (d) The applicant shall provide a copy of at least one estimate from a certified repair technician of the cost to complete the necessary OBD repairs, when the application is submitted.

5. (e) By signing the application for an economic hardship time extension waiver under the penalty of unsworn falsification, the applicant shall certify under penalty of unsworn falsification that:

   1. (1) The applicant is unable to afford repairs of the OBD system for the motor vehicle bearing a named vehicle identification number;
   2. (2) The applicant understands the motor vehicle may not be sold without informing the purchaser of the OBD failure pursuant to RSA 266:59-b; and
   3. (3) The applicant understands that in the event an economic hardship time extension waiver is granted, that it shall be valid for one inspection period only.

6. (f) All applications for an economic hardship time extension waiver shall be submitted to:

   OBD Program Assistant

   Department of Safety

   Division of Motor Vehicles

   23 Hazen Drive

   Concord, NH 03305

7. (g) In order to establish the broadest possible waiver for applicants, in accordance with RSA 266:59-b, the director shall grant all applications for an economic hardship time extension waiver, unless:

   1. (1) An economic hardship time extension waiver had previously been granted for the same vehicle, and the vehicle has not passed a full safety and OBD inspection after the last economic time extension waiver was granted;
   2. (2) The applicant fails to provide all information required by this rule;
   3. (3) The applicant provides false or inaccurate information; or
   4. (4) The explanation of economic hardship provided by the applicant fails to demonstrate inadequate income to pay for the necessary repairs; or
   5. (5) The explanation of economic hardship provided by the applicant fails to demonstrate that no other transportation either owned by the applicant or registered to the applicant’s household is available to the applicant.
8. (h) The division shall notify the applicant, in writing, whether the economic hardship time extension waiver has been granted or denied. The director’s decision shall be final.
9. (i) An economic hardship time extension waiver shall be valid until the end of the current inspection period for which it is issued.
10. (j) To qualify for a subsequent economic hardship time extension waiver, a person shall meet all of the requirement outlined in (a) through (g) above, and the vehicle subject to a subsequent waiver shall pass a full safety and OBD inspection after the last economic time extension waiver was granted.

Source. #9184, eff 6-20-08; ss by #11016, eff 1-6-16; ss by #12932, eff 11-27-19