CONCORD, N.H. (MyKeeneNow) New Hampshire’s vehicle inspection program is in a state of uncertainty after the Executive Council voted down a request to temporarily extend the state’s contract with Gordon-Darby NHOST, Inc., leaving the state without an approved vendor to operate the system.

The council’s decision, made during a meeting Wednesday, denied a proposed 60-day extension sought by the Department of Safety. Councilors Joseph Kenney, John Stephen and David Wheeler opposed the extension, while Janet Stevens and Karen Liot Hill voted in favor.

In a statement released Wednesday by Attorney General John Formella, state officials said the Department of Justice and the Department of Safety are now reviewing both the legal and practical implications of the council’s action, particularly in light of ongoing federal litigation involving the inspection program.

That litigation stems from a lawsuit filed by Gordon-Darby after the state enacted a new law ending mandatory vehicle emissions testing as of Jan. 31. The company argues that eliminating the testing program without approval from the U.S. Environmental Protection Agency violates the federal Clean Air Act. Last week, U.S. District Judge Landya McCafferty issued a preliminary injunction blocking the state from terminating the program.

According to Formella, the injunction requires the state to take all necessary steps to continue implementing and enforcing vehicle inspections, a task he said is difficult to accomplish without Gordon-Darby’s services. The company supplies electronic inspection equipment used at approximately 1,800 inspection stations across New Hampshire.

Formella warned councilors that failing to extend the contract could expose the state to federal penalties, potentially totaling as much as $55,000 per day, for noncompliance with the Clean Air Act. Despite those concerns, the extension was rejected.

The attorney general has said the state intends to appeal the preliminary injunction and is continuing to seek relief from the federal court. In the meantime, state agencies are working to determine how to proceed while remaining in compliance with the court order, according to the news release.

For motorists, officials emphasized that enforcement of the inspection requirement remains suspended through April 10, 2026. Drivers with expired or soon-to-expire inspection stickers will not face penalties during that period, and additional regulatory flexibility may be granted if the situation remains unresolved.

Lawmakers are also expected to revisit the issue during the current legislative session, including consideration of changes to the inspection program and possible reductions to fines for failing to maintain a valid inspection sticker.