U.S. Court Blocks NH Repeal, Keeps Vehicle Inspections After Gordon-Darby Suit

A federal judge granted a preliminary injunction on Jan. 27, 2026, ordering New Hampshire to continue its motor vehicle inspection and maintenance program until further notice, a move that halted the immediate effect of the state repeal and left local inspection stations operating under the court order. The Town of Sunapee posted an advisory on Jan. 28, 2026 stating, “A U.S. District Court order requires New Hampshire to continue its motor vehicle inspection and maintenance program until further notice.”

The injunction followed a lawsuit by Gordon-Darby Holdings, the company contracted by New Hampshire to run the inspection program, which argued the state would violate the Clean Air Act if it ended inspections without U.S. Environmental Protection Agency approval. Judge Landya McCafferty issued what a local report described as a 44-page order. As reported by WMUR, “Vehicle inspections in New Hampshire will continue for now after a federal judge issued a preliminary injunction preventing a law that would halt inspections from taking effect.” WMUR also noted, “The injunction requires that inspections continue until and unless the EPA grants final approval of the state plan to end the program.”

The court order collides with state budget legislation passed in 2025 - House Bill 2 - that repealed mandatory annual safety inspections for most passenger vehicles effective Jan. 31, 2026. State administrative guidance and a Buckley Law Offices explainer had advised drivers that inspections would end after Jan. 31 and that the New Hampshire Division of Motor Vehicles had confirmed the repeal and effective date. Sources explicitly preserve both positions: the repeal enacted by HB2 and the federal court injunction requiring continuation.

State officials signaled they will challenge the injunction. A Department of Justice and Department of Safety update quoted on social platforms said, “The State intends to appeal this court order,” and added administrative relief for the public: “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.” The state has said it will seek to pause the ruling while the appeal proceeds and that the Executive Council is expected to consider a request to extend the contract that keeps the inspection program running.

For Sullivan County motorists the immediate takeaway is practical. Inspection stations are being advised to continue normal operations; the New Hampshire Auto Dealers Association is working with stations on messaging and, as NHADA President Dan Bennett said, “State law provides for a few days into the next month to actually have your vehicle inspected... So, on Feb. 1, there's not going to be a bunch of police officers impounding vehicles that have January stickers.” Drivers should also remember that safety statutes remain in force: as Buckley put it, “All existing vehicle safety laws in New Hampshire remain in effect,” and “The absence of an inspection sticker does not make an unsafe vehicle legal to drive.” Commercial vehicles remain subject to federal annual inspections under 49 CFR 396.17, and state equipment requirements are codified in RSA Chapter 266.

What comes next is appeal-level litigation and administrative decisions. The preliminary injunction is interim and does not resolve the merits of Gordon-Darby’s claim. State officials have said they are reviewing the decision and “considering appropriate next steps,” and drivers in Sullivan County should expect additional guidance from the Department of Justice, Department of Safety, and the Division of Motor Vehicles as the legal process unfolds.