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, and the vehicle has driven 3,000 miles or less in at least a 12-month period from the last safety inspection, a person who cannot make the necessary repairs due to economic hardship may apply to the division for a low mileage waiver.
2. (b) An applicant for a low mileage waiver shall complete and submit RDMV 381A, “Application for OBD Mileage Inspection 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 recognized repair technician of the cost to complete the necessary OBD repairs, when the application is submitted.

5. (e) By signing the application for OBD low mileage inspection waiver under the penalty of unsworn falsification, the applicant shall certify under penalty of unsworn falsification that:

   1. (1) The motor vehicle bearing a named vehicle identification number has been driven 3,000 miles or less in at least a twelve-month period from the last safety inspection;
   2. (2) The applicant understands the motor vehicle may not be sold without informing the purchaser of the OBD failure pursuant to RSA 265:59-b, VI; and
   3. (3) The applicant understands that in the event of a low mileage inspection waiver is granted, it shall be valid for one inspection period only.

6. (f) All applications for a Low Mileage Waiver shall be submitted to the:

   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 applications for a low mileage waiver, unless:

   1. (1) The applicant fails to provide all information required by this rule;
   2. (2) The applicant provides false or inaccurate information;
   3. (3) The explanation of economic hardship provided by the applicant fails to demonstrate inadequate income to pay for the necessary repairs;
   4. (4) 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;
   5. (5) The vehicle has been driven more than 3,000 miles in at least a twelve-month period since the last safety inspection; or
   6. (6) Granting the waiver would violate the state implementation plan.
8. (h) The division shall notify the applicant, in writing, whether the low mileage waiver has been granted or denied. The director’s decision shall be final.
9. (i) A low mileage waiver shall be valid until the end of the current inspection period for which it is issued. After having received the waiver, a vehicle shall be eligible for subsequent low mileage waivers provided that the requirements of (a) through (g) are met.
10. (j) For the purposes of this section, in the event of an inspection prior to 12 months from the last safety inspection, a low mileage waiver shall be calculated based on the total miles driven since the last safety inspection and divided by the number of months since the last safety inspection. Said monthly average shall not exceed 250 miles.

Source. #12932, eff 11-27-19