New Hampshire HB 1237: relative to the removal of abandoned vehicles by law enforcement.

Bill Text

HB 1237 - AS INTRODUCED

2026 SESSION

 26-3083

 09/08

HOUSE BILL 1237

AN ACT relative to the removal of abandoned vehicles by law enforcement.

SPONSORS: Rep. Roy, Rock. 31; Rep. Lascelles, Hills. 14; Rep. D. Mannion, Rock. 25; Rep. Paquette, Hills. 25; Sen. Gannon, Dist 23

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill substantially revises the procedures and processes concerning the maintenance of and utilization of a list of contracted tow companies used by the division of state police for the removal of vehicles.

 This bill is a request of the department of safety.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3083

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the removal of abandoned vehicles by law enforcement.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Removal of Abandoned Vehicles by State Police. Amend RSA 106-B:26-34 to read as follows:

 106-B:26 Applicability. 

 I. This subdivision shall apply to the enforcement of provisions of the motor vehicle laws by the state police, including clearing roads and entrances of stolen, unregistered, illegally parked, disabled or abandoned vehicles, vehicles involved in accidents or crimes or other situations, regarding the removal, storage, and release of such vehicles towed and transported by a qualified tow business [wreckers, towing, and emergency road service organizations] in a fair and equitable manner, upon request of the division of state police ("the division"):

 (a) In response to requests from owners or custodians of vehicles that have encountered mechanical problems that rendered them inoperable or unsafe to be driven;

 (b) In response to requests from [a state trooper] the division when a vehicle has been abandoned on private property without consent of the property owner;

 (c) When a vehicle is found obstructing the passage of vehicles from a public street or highway onto the driveway of such private property or public building;

 (d) When a vehicle was involved in a traffic accident or crime or its driver is incapacitated or under arrest, or is without a valid driver 's license;

 (e) When a vehicle is interfering with snow removal or highway maintenance;

 (f) When a vehicle has been left unattended within a state-owned park and ride facility for a period greater than 21 days; [or]

 (g) When a vehicle is without proper registration or, in the opinion of a division member, is determined to be [apparently] unsafe to be driven; or

 (h) When a commercial motor vehicle or its driver has been placed out of service based on the current edition of the Commercial Vehicle Safety Alliance's North American out-of-service criteria or is determined to be unsafe or unfit, respectively.

 II. Nothing in this subdivision shall restrict the authority of town and city law enforcement agencies to enforce relevant state statutes, to enact local bylaws or ordinances not in conflict with any state law or administrative rule regarding the clearance of disabled, abandoned, illegally parked, unregistered, or stolen vehicles or vehicles involved in crimes or collisions in areas where the local police have sole or shared jurisdiction with [state police] the division, or to enter into contractual agreements with tow companies for the removal of vehicles at the request of local authorities.

 106-B:27 State Police; Use of Tow List. 

 I. In the event the division [of state police] seeks to tow or remove any vehicle pursuant to applicable laws and rules, whenever practicable the qualified tow business [company] responsible for such towing or removal shall be chosen from a tow list in accordance with this subdivision.

 II. To facilitate the timely and effective towing and removal of vehicles pursuant to this subdivision, the division [of state police] is authorized to develop and maintain a rotating list of qualified tow businesses [services] within each geographical troop, county, or by city or town. [Where long distances could cause unreasonably long wrecker response times, the director of state police or designee may authorize a separate rotation list by county or group of municipalities within a troop.] The director [from time to time] may [enlarge or shrink] adjust the list of qualified tow businesses eligible for a city or town [an area] if necessary, to ensure there is an adequate number of qualified tow businesses to handle the call workload and travel distances involved[, and shall review the lists periodically to ensure that need