TITLE VII SHERIFFS, CONSTABLES, AND POLICE OFFICERS
CHAPTER 106-B THE STATE POLICE
Removal of Abandoned Vehicles by State Police
Section 106-B:28
106-B:28 Definitions. –
In this subdivision:
I. "Heavy duty wrecker" means a wrecker intended and suitably equipped for towing vehicles in excess of 10,000 pounds gross weight, such as a tractor-trailer, large truck, or similar vehicle but excluding carriers and flatbeds, and meeting the following requirements, provided that come-a-longs, chains, or other similar devices shall not be used as substitutes for winch and cable:
(a) A truck chassis having a minimum gross vehicle weight rating of not less than 54,500 pounds;
(b) Tandem axles, or a cab-to-axle length of not less than 102 inches;
(c) A combined winch capacity of not less than 50,000 pounds, as rated by the winch manufacturer;
(d) A single winch in good operating condition with a capacity of 50,000 pounds, as rated by the winch manufacturer, or if equipped with 2 winches, a combined rating of 50,000 pounds;
(e) A manufactured wheel-lift in good operating condition, with retracted lifting capacity of not less than 20,000 pounds, as rated by the lift manufacturer, with safety chains or a tow bar of equal capacity;
(f) A winch cable rated as specified by the winch manufacturer, in good condition;
(g) Light and airbrake hookups for the towed vehicle; and
(h) Additional safety equipment as specified in this chapter and consistent with United States Department of Transportation inspection requirements.
II. "Light/Medium duty wrecker" means a wrecker intended and suitably equipped for safely towing vehicles weighing 26,000 pounds or less gross weight, including passenger cars, pickup trucks, motorcycles, small trailers, and similar vehicles, that meets the following requirements, provided that come-a-longs, chains, or other similar devices shall not serve as substitutes for a winch and cable:
(a) A minimum gross vehicle weight rating of not less than 14,500 pounds;
(b) Individual boom capacity of not less than 8,000 pounds, as rated by the boom manufacturer;
(c) Individual power takeoff or hydraulic power or electric winch capacity of not less than 8,000 pounds, as rated by the manufacturer, and wire rope of a capacity and length consistent with the device manufacturer;
(d) A manufactured wheel-lift with a retracting lifting capacity of not less than 3,500 pounds, as rated by the manufacturer, with safety chains;
(e) Dual rear wheels;
(f) Two chock blocks that will prevent rolling or slippage of the wrecker; and
(g) Additional safety equipment as specified in this chapter and consistent with United States Department of Transportation inspection requirements.
III. "Recovery vehicle" means a motor vehicle consisting of a commercially available truck chassis equipped with a commercially manufactured tow body or bed and that is rated and issued a serial number by the manufacturer, designed and equipped for and used in the towing or recovery of vehicles, in good condition and capable of towing a vehicle by means of a tow bar, sling, or wheel lift, and capable of recovering a vehicle by means of a hoist, winch, or towline.
IV. "Rollback carrier" means a flatbed vehicle in good condition that meets the following requirements, provided that come-a-longs, chains, or similar devices shall not be used as substitutes for a winch and cable:
(a) A minimum gross vehicle weight rating of at least 19,500 pounds;
(b) A specially equipped chassis with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle;
(c) At least one 8,000 pound winch, as rated by the winch manufacturer, with at least 50 feet of cable, as recommended by the winch manufacturer; and
(d) Additional safety equipment as specified in this chapter and consistent with United States Department of Transportation inspection requirements.
V. "Tow business" means a person, enterprise, partnership, company, LLC, or other corporation having a registered trade name, an active New Hampshire tax identification number, an active New Hampshire workers' compensation insurance policy or exemption papers, an active New Hampshire employment security account, and that meets all state and local legal requirements including, but not limited to, those related to payment of business related taxes, fees, and insurance coverage, and that regularly engages in the impoundment, recovery, transport, or storage of towed or abandoned vehicles, or in the disposal of abandoned vehicles.
VI. "Tow list" means a list or lists of qualified New Hampshire businesses compiled by the division of state police and used by them to dispatch wreckers and recovery and road service vehicles to tow, recover, and temporarily store a vehicle when the owner, driver, or other person responsible for the vehicle is not present or wishes to have the vehicle removed and expresses no choice or preference of a specific tow business, or when public safety requires the law enforcement official in charge at the scene to clear the vehicle from the location believing, in his or her sole opinion, the vehicle is causing a public hazard or safety issue or is stolen, unregistered, was involved in a crime, or is in violation of a statute that requires immediate removal.
VII. "Vehicle storage area" means a suitable yard or enclosed building where a qualified tow business keeps or stores towed or impounded vehicles.
VIII. "Wrecker" for purposes of this chapter and except where the context clearly indicates otherwise, means a tow truck, road service vehicle, or carrier and recovery vehicle used by tow businesses on the state police tow list.
Source. 2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021.