CHAPTER 344
SB 404 – FINAL VERSION
02/17/10 0664s
28Apr2010… 1404h
06/02/10 2341eba
2010 SESSION
06/04
SENATE BILL 404
AN ACT relative to towing and disposal of abandoned vehicles.
SPONSORS: Sen. Letourneau, Dist 19; Sen. Cilley, Dist 6; Sen. Downing, Dist 22; Sen. Gilmour, Dist 12; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9; Rep. Packard, Rock 3; Rep. Nedeau, Belk 3; Rep. R. Williams, Merr 11
COMMITTEE: Transportation and Interstate Cooperation
This bill makes several technical changes to certain provisions of the law regarding the disposal of abandoned vehicles and adds provisions regarding vehicles at storage facilities.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/17/10 0664s
28Apr2010… 1404h
06/02/10 2341eba
10-2698
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to towing and disposal of abandoned vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
344:1 Abandoned Vehicles; Authority to Take. Amend RSA 262:31 to read as follows:
262:31 Authority to Take. An authorized official may take a vehicle into his or her custody and may cause the same to be taken away and stored at some suitable place only as provided in this subdivision.
344:2 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 262:32 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 secure the release of such vehicle, and, within 15 days of the towing and impoundment, request in writing a hearing.
III. The hearing shall be held before the head of the law enforcement agency which employs the authorized official who caused the vehicle to be removed and stored, or his or her designee. In the event such agency head or his or her designee determines sufficient grounds did not exist for the removal and storage of the vehicle, the law enforcement agency shall reimburse the owner or other person lawfully claiming possession for any amount paid to the custodian to secure release of the vehicle.
344:3 Exemption from Liability. Amend RSA 262:35 to read as follows:
262:35 Exemption From Liability. No custodian shall be liable for damages to such vehicle while it is in his or her custody, providing due care is exercised to prevent negligent acts.
344:4 Review of Fees for Removal and Impoundment. 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 days of the release of the vehicle, request in writing a review by the commissioner of safety. The commissioner of safety or designee shall review the [towing and storage charge and] 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 [held] scheduled by the bureau of hearings within [30] 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 [issue a decision] approve or disapprove of the decision of the bureau of hearings within [30] 7 days after [holding a] 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 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, [or] medical equipment, or house keys pending payment of any fees due under this subdivision. If fees remain unpaid after [60] 20 days, the person may dispose of the items.
344:5 Disposal by Storage Company. RSA 262:36-a is repealed and reenacted to read as follows:
262:36-a Disposal by Storage Company.
I. If the owner of a motor vehicle removed or stored pursuant to RSA 262:33 or RSA 262:40-a does not claim the vehicle within 20 days, and the vehicle is more than 5 model years old at the time of removal, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38, provided that no notice by publication shall be required.
II. If the vehicle is 5 model years old or less at the time of removal and the vehicle has not been claimed within 30 days, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38.
III. If the value of the vehicle is less than $1,000 or the vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle and only fit for salvage as determined in good faith through the application of reasonable automotive industry standards, the storage facility may dispose of the vehicle in 15 days without the notice required by RSA 262:38 and RSA 444. If the last place of abode of the owner of such vehicle is known to or may be ascertained by such storage facility by the exercise of reasonable diligence, the storage facility shall give notice of the time and place of the sale to the owner by registered or certified mail, or in person, at least 10 days prior to the disposal and upon written notice to the director subject to such rules as the department shall adopt pursuant to RSA 541-A.
IV. If the towing or storage facility has knowledge or has been notified that the owner of the vehicle is hospitalized or incarcerated as a result of an accident, the time allowed for claiming the vehicle under paragraph I shall be extended for an additional 14 days or until the person has been released from the medical facility or place of incarceration, whichever occurs first.
344:6 Sale Authorized. Amend RSA 262:37 to read as follows:
262:37 Sale Authorized. If the vehicle shall have been stored pursuant to this subdivision and all the requirements of RSA [262:36] 262:36-a have been met, the custodian of the vehicle may sell the same, at [his] the custodian’s place of business at public auction, for cash.
344:7 New Section; Access to Records. Amend RSA 262 by inserting after section 37 the following new section:
262:37-a Access to Records. The custodian of the vehicle may obtain the name and last known mailing address of the last registered owner of a vehicle stored pursuant to this subdivision, and a law enforcement officer with jurisdiction, upon request of the operator of a tow truck, shall give to the tow truck operator, upon receipt of such information, the name and mailing address of the registered owner of the vehicle if the owner or custodian of the vehicle was not present or able to give that information at the scene. If the law enforcement officer is aware that the owner or custodian of the vehicle was removed to a medical or correctional facility, the law enforcement officer shall notify the tow truck operator of that fact.
344:8 Notice of Sale. Amend RSA 262:38 to read as follows:
262:38 Notice of Sale. Notice of sale shall be given by posting notices thereof in 2 or more public places in the town or city where the property is stored, at least 14 days before the sale and, if the current retail value of the vehicle exceeds [$100] $1,000, as determined in good faith and by a credible method, by publishing the notice at least once in a newspaper of general circulation in the area. If the last place of abode of the owner of such vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, a notice of the time and place of the sale shall be given by the garage owner by registered or certified mail, or in person, at least [14] 10 days prior to the sale.
344:9 Vehicles Removed from Private and State Property; Conspicuous Notice in Parking Lots and Garages. Amend RSA 262:40-a, IV to read as follows:
IV. The costs of removing a vehicle under this section, including reasonable towing and storage costs, shall, consistent with RSA 262:35-a, be the responsibility of the last registered owner according to department records, unless said last registered owner is able to establish a transfer of ownership to some other person prior to abandonment or that the vehicle was reported stolen to a law enforcement agency at the time of abandonment, in which case the last owner shall be liable. If a vehicle is towed from a parking lot or parking garage, charges for removal and storage shall not be assessed against the vehicle owner unless there is posted in the parking lot or parking garage conspicuous notice that illegally parked vehicles are subject to towing at the owner’s expense.
344:10 Abandoning a Vehicle; Penalty. Amend RSA 262:40-c to read as follows:
262:40-c Abandoning a Vehicle; Penalty.
I. No person shall abandon a motor vehicle, registered or unregistered, on any way or on any property other than his or her own without the permission of the owner or lessee of said property or, in the case of public property, of the police department having jurisdiction over the property and no person shall abandon a vehicle at a storage facility after being notified in person or by registered or certified mail to redeem the vehicle. For the purposes of this section, a vehicle shall be considered abandoned if it has been left for more than 24 hours without the appropriate permission being given or at a storage facility after having been given 10 days’ notice to redeem it.
II. A storage facility to which an abandoned vehicle has been towed may dispose of such vehicle after complying with the notice requirements of RSA 262:36-a or RSA 262:38, as applicable. It shall be a rebuttable resumption that the notice was received if it was given pursuant to the provisions of this subdivision.
III. The last owner of record of a motor vehicle found abandoned, as shown by the files of the department, shall be deemed prima facie to have been the owner of such motor vehicle at the time it was abandoned and to have been the person who abandoned the motor vehicle or caused or procured its abandonment, unless said last registered owner is able to establish a transfer of ownership prior to abandonment, in which case the transferee shall be liable, or that the vehicle had been reported stolen to a law enforcement agency at the time of abandonment. IV. Any person who violates the provisions of this section shall be guilty of a violation and shall be subject to a fine of not less than $100 and not more than $500 plus penalty assessment, and may be subject to the loss of driver’s license or driving privilege and registration or privilege of registering as provided in RSA 263:56 and RSA 261:179.
V. The [court] commissioner of safety or designee may assess costs of abandoning a vehicle, including but not limited to, reasonable towing, [and] processing, disposal, and storage costs, against any person convicted of abandoning a vehicle in violation of this section, and the director shall, unless there is just cause to do otherwise, suspend the driver’s license or driving privilege, and registration or privilege of registering of any person who has not paid such costs.
344:11 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 20, 2010
Effective Date: September 18, 2010