New Hampshire HB 1492: relative to the regulation and appeal of motor vehicle towing from public highways and relative to the removal of abandoned vehicles by law enforcement.

Bill Text

HB 1492-FN - AS AMENDED BY THE SENATE

19Feb2026... 0662h

05/07/2026 1764s

2026 SESSION

 26-2310

 06/08

HOUSE BILL 1492-FN

AN ACT relative to the regulation and appeal of motor vehicle towing from public highways and relative to the removal of abandoned vehicles by law enforcement.

SPONSORS: Rep. Leishman, Hills. 33; Rep. Cloutier, Sull. 6

COMMITTEE: Transportation

─────────────────────────────────────────────────────────────────

AMENDED ANALYSIS

 This bill extends deadlines for disputing towing and storage fees and requires invoices to include information on how to challenge charges. This bill also 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.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2026... 0662h

05/07/2026 1764s 26-2310

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the regulation and appeal of motor vehicle towing from public highways and 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 Fees for Removal and Impoundment of Motor Vehicles. Amend RSA 262:35-a to read as follows: 

 262:35-a Review of Fees for Removal and Impoundment. 

 I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables, including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the amount of time needed to remove and store the vehicle, any special equipment needed, and personnel costs. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge the reasonableness of the fee charged, the owner or other person may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the release of the vehicle, and, within [15] 30 days of the [release of the vehicle] receipt of the invoice, request in writing a review by the commissioner of safety. The commissioner of safety or designee shall review the claim to determine if there are sufficient grounds to conduct a hearing to determine whether the charge was reasonable. If the commissioner or designee determines that a hearing is necessary, the hearing shall be scheduled by the bureau of hearings within 20 days after review by the commissioner, at which time the extent of removal and storage fees shall be determined. The commissioner or designee shall approve or disapprove of the decision of the bureau of hearings within 7 days after the hearing was held. Notwithstanding RSA 262:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the [15-day] 30-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this section and shall be liable for the total amount billed. 

 II. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may be permitted by laws of this state by a court of competent jurisdiction. 

 III. Any time that a person is storing a vehicle pursuant to the provisions of this subdivision, the person may remove any items from within the vehicle that are not a part of or accessories to the vehicle. The person may hold any such items, other than wallets, purses, life essential clothing, mail, legal documents, car seats, eyeglasses, medicine, medical equipment, or house keys pending payment of any fees due under this subdivision. If fees remain unpaid after [20] 30 days, the person may dispose of the items. 

 2 Abandoned Vehicles; Procedure for Removal and Impoundment. Amend RSA 262:33, II and III to read as follows: 

 II. Whenever a vehicle is towed pursuant to RSA 262:31-a or RSA 262:32 the owner or other person lawfully entitled to the possession of the vehicle shall be entitled to recover said vehicle and release of the above lien by payment of all reasonable towing and storage charges. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge whether there was sufficient grounds for towing and impoundment, he or she may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to