THE RUST RULE (266:3-A) BY JAY O’LEARY GOVERNMENT RELATIONS & COMPLIANCE SPECIALIST, NHADA Vehicle safety inspections often rely on the experience and judgment of the certified technician performing the inspection. Deciding whether a vehicle passes or fails is a significant responsibility that rests entirely with the inspector. In 2019, state legislators recognized the need to clarify ambiguous laws to help make these decisions more straightforward and less stressful for inspectors. Their goal was to support you in making fair, informed decisions without fearing losing your inspection license for not automatically failing anything borderline. Maintaining the integrity of the inspection program is essential. It starts with you, the inspector, following clear guidelines such as these. Repeated non-compliance not only weakens public trust in the program but also raises concerns among legislators about its effectiveness. When it comes to vehicle safety, rust is more than just an eyesore — it can present significant hazards if left unchecked. In New Hampshire, RSA 266:3-a outlines the legal requirements for rust inspections during the state’s mandatory vehicle inspection process. The accompanying administrative rule, Saf-C 3221.06, provides further guidance on how this law is applied in practice. In this article, we’ll break down the statute, explain why rust matters and help you understand how these regulations work together to keep New Hampshire drivers safe. RSA 266:3-A: THE RUST INSPECTION LAW New Hampshire law requires that all private passenger vehicles and light trucks undergo an inspection to assess for rust-related safety issues. Section 266:3-a Rust “The director shall establish a procedure for the external visual examination for rust of private passenger vehicles and light trucks during the inspection required by RSA 266:1. The procedure shall include requirements for further examination if substantial rust is observed. No private passenger vehicle or light truck shall pass the inspection requirements of RSA 266:1 if the procedure reveals any of the following:” I. Rust that permits exhaust gases to enter the passenger or cargo compartment. II. Any metal or any loose or dislocated parts protruding from the surface of the vehicle so as to create a hazard. III. A bumper that is rusted so that it is not firmly attached or that has broken or torn portions protruding from the surface so as to create a hazard. IV. A frame that is not in solid condition. Source: 2018, 43:1, eff. Jan. 1, 2019. WHY DOES THIS MATTER? Rust can compromise the structural integrity of a vehicle, endangering both the occupants and other drivers on the road. The following are a few harmful consequences of rust: • Exhaust Gas Intrusion: Rust holes can allow dangerous exhaust gases, such as carbon monoxide, to enter the passenger compartment. • Sharp Edges and Protrusions: Loose, jagged metal from rust can cause injury or damage other vehicles. • Compromised Bumpers: A rusted bumper may fail during a collision, reducing its effectiveness. • Weak Frames: The frame is the backbone of the vehicle; significant rust can make the vehicle unsafe to drive. 12
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