Auto Repairs - Consumer Sourcebook - NH Department of Justice Get free summaries of new opinions delivered to your inbox! Amended by 2022 , 301: 3, eff. Under these conditions, the tow business not called will remain on the top of the rotation list. 2021, 204 : 2 , Pt. Vehicle storage area" means a suitable yard or enclosed building where a qualified tow business keeps or stores towed or impounded vehicles. Adobe Acrobat Reader format. 2, eff. Section 262:39 - Application of Proceeds. If your old landlord wont respond to your calls or letter about property still in the former apartment, and if your old landlord used an attorney to evict you, call the attorney. In the Year of Our Lord Two Thousand Twenty. RSA 263:12, prohibited activities relative to license or nondriver identification card; RSA 262:16, inspection sticker or registration decal modified or forged; RSA 262:12, taking without owner's consent; RSA 263:57-a, lending an operator's license to an underage person to purchase an alcoholic beverage; RSA 263:64, driving after revocation or suspension; RSA 265-A:43, driving a motor vehicle while in possession of drugs; RSA 265-A:2, driving while under the influence of drugs or liquor; RSA 265-A:3, aggravated driving while intoxicated; or. . The New Hampshire Motor Vehicle Repair Law (RSA 358-D), which applies to all cars and small trucks but not to motor cycles and large trucks, gives vehicle repair customers certain rights. XIV. For example, the Revised Statutes Online do not have amendmentnotes that are used to explain the amendments to statutes. Read The Law About - Abandoned Property - NH Law About at New The towing of a vehicle at the request of law enforcement shall grant a lien to the tow business, equal to the cost of recovery and storage. MOTOR VEHICLES CHAPTER 262 ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES Abandoned Vehicles Section 262:33 262:33 Procedure for Removal and Impoundment. RSA 262-A:41. Stat. Applies to termination for any reason, including non-payment of premium; Include a 60 day Basic or Automatic Extended Reporting Period at no additional cost; Within not less than 30 days from termination, provide the insured the right to purchase an Optional or Supplemental Extended Reporting Period of at least twelve months; The Optional or Supplemental ERP must begin following the end of the Automatic ERP and may not overlap it unless the duration of the Optional or Supplemental Option purchased is 14 months or longer; The Optional or Supplemental ERP may be subordinated to payment of sums due for the period of coverage; and once paid, the Optional or Supplemental ERP many not be cancelled. A tow business shall, upon receiving a request from the state police, use its own equipment and shall not refer a call to another tow business. Yes. New Hampshire Revised Statutes 262:40-c - LawServer "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. In the event the motor vehicle owner fails to claim or pay such charges within the prescribed period, the garage owner or storage company of such abandoned or unclaimed vehicle shall submit a report to the director on form TDMV 71. At no time shall any towing vehicle exceed its manufacturer's gross vehicle weight rating or the manufacturer's rated capacity for the towing assembly or be attached to a vehicle which by its size and or weight would make towing it an unsafe movement. 10/9/2021. The preferred tow business when called shall notify state police communications of its estimated time of arrival. LARC can't speak for these organizations, but maybe one in your area will find volunteers to help you - adults with vehicles and young people with strong backs to help you move your property to a new apartment or a . I will be forced out of my apartment by a sheriff tomorrow. Termination of services or suspension, even if temporary, from the rotation list shall require any decal provided, issued, or approved by state police to be removed immediately from the tow vehicle if such vehicle will be operated on public roads. Apply online or call, 1-800-639-5290. Such action is discretionary and shall be based on the nature and seriousness of the discrepancy and any prior record of the business. Causes for such action shall include violations of the equipment and other requirements set forth in RSA 106-B:28, and the provisions of RSA 106-B:29 through 106-B:33. IV. But your landlord must be careful. Disclaimer: These codes may not be the most recent version. Added by 2021, 196:1, eff. VIII. III. Does my old landlord have the right to demand the back rent before I can get my property? RSA 265:9, disobedience to any required traffic control device; RSA 265:21, limitations on driving to left of center of roadway; RSA 265:23, one-way roadways and roadways and rotary traffic islands; RSA 265:24, driving on roadways laned for traffic; RSA 265:28, failure to yield the right of way; RSA 265:31, failure to obey stop and yield signs; RSA 265:32, vehicle entering way from private road or driveway; RSA 265:33, failure to yield to authorized emergency vehicles; RSA 265:37 or RSA 265:41, failure to use due care; RSA 265:48-51, improper conduct at a railroad crossing; RSA 265:60-67, speeding when the conviction is for speeding under 25 miles per hour above the posted speed limit; RSA 261:75 or RSA 261:77, misuse of plates; RSA 265:95, obstruction of driver's view; RSA 265:96, opening and closing vehicle doors improperly; RSA 265:100, following fire apparatus too closely. Amended by 2022 , 301: 4, eff. This is nota digitized version of the print statutes. (g) When a vehicle is without proper registration or apparently unsafe to be driven. The tow business shall maintain a log or ledger of all vehicles towed at the request of state police. My landlord then took me through the lawful eviction process. 2014, 70:1 was codified (put into the statutory code) at Chapter 31 of the RSAs. I had my eviction hearing already and the judge ruled against me. You can explore additional available newsletters here. What do I do about a car left on my property in New Hampshire Jan. 1, 1982, at 12:01 a.m. Disclaimer: These codes may not be the most recent version. The owner or custodian of the vehicle is under arrest or otherwise incapacitated, and the vehicle will be a menace to traffic if permitted to remain; or VII. (c) The location of the vehicle or incident. If the value of the vehicle is less than [$1,000] $2,500 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. The Source notes in the NH RSAs go back only as far as 1842 even though there are earlier New Hampshire statutory codes. Be careful with Source notes. New Hampshire Revised Statutes > Chapter 262 - LawServer 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 days prior to the sale. 2008, 210:3, eff. (a) Cause the removal of the vehicle in a reasonable manner provided he or she gives notice of such removal to a peace officer as soon as reasonably possible; or Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. XXI. I left my apartment owing back rent. State of New Hampshire DEPARTMENT OF SAFETY DIVISION OF MOTOR VEHICLES 23 HAZEN DRIVE, CONCORD, NH 03305 Telephone: (603)227-4150 TDD Access Relay NH 7-1-1 NOTICE OF COMPLIANCE ABANDONED MOTOR VEHICLES RSA 262:31-40A GARAGE NAME AND ADDRESS: TELEPHONE NUMBER: Commercial Driver's Manual (CDL), New Hampshire; Criminal Record Release Authorization Form; Release of Motor Vehicle Records (DSMV 505) School Bus Driver Instructor Recertification (DSMV 463) . But the former landlord does NOT have the right to throw away your property; give your property away; damage your property; leave your property outside where its exposed to the weather; or carelessly handle your property throughout the 7-day period after your last day in the apartment. 11; Rep. Packard, Rock. Notice RSA 262:31 through RSA 262:40-c for the subsection on abandoned vehicles. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 262 - ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES. V. No tow business shall accept a call if the employee who will be responding is under the influence of any substance that could cause impairment or has the odor of alcohol on his or her breath, nor shall a tow business employee respond in such a condition. 2015 New Hampshire Revised Statutes - Justia Law You already receive all suggested Justia Opinion Summary Newsletters. One demerit point for a conviction of violating: Two demerit points for a conviction of violating: Three demerit points for a conviction of violating: Four demerit points for a conviction of violating: Six demerit points for a conviction of violating: A Division of the New Hampshire Department of Safety, 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Duplicate Driver License or Non Driver ID, Apply For Your First Drivers License/Non Driver ID, FAQs Driver Licenses/Non Driver IDs/CDL, Duplicate Drivers License or Non-Driver ID Application (DSMV 637), Duplicate Certificate of Title Application (TDMV 18), Real ID: Required Documents for Application (DSMV 634A). XII. 3 Administration of Motor Vehicle Laws; Records and Certification. In the event of an overturned truck, the state police shall determine at the time if the situation requires the use of only one tow business or if additional vehicles are required. And youll have 7 days from that day - your last official day in the apartment - to arrange with the landlord a time when you can go back and get your property. Do you still have questions about how to file the 540-A petition correctly? 7 DaysFrom Your Last Day In The ApartmentTo Get Your Personal Property. III. The tow business shall provide reasonable accommodations for after-hours release of personal property in stored vehicles or other related storage once the state police releases any hold on personal or other property not affixed to the towed vehicle, and upon payment in full or mutual agreement for payment of all towing and storage fees. If not covered by RSA 262:31 through RSA 262:40-c, the owner or his or her agent shall be notified of his or her ability to make a complaint to the consumer protection division of the department of justice. Can I just save time and file the petition right away? But if you were to look at Chapter 70 of the Revised Statutes Annotated, you'd see that the text is completely different. Participation in the state police tow list is a privilege, not a right. 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. Whenever the owner of a towed or impounded vehicle or their agent pays a towing company for those services, the company shall provide a detailed receipt to the owner or agent for the services rendered. X. The 540-A petition has temporary and final orders which are also printed on the petition. (b) An employee of a garage, dealership or towing service shall furnish the following on form TDMV 71: IV. Placement on the tow list shall be by order of application. XI. This record and any other records and equipment associated with compliance with these applicable state statutes and these rules shall be open to inspection by department of safety personnel during normal business hours and retained for the year when the record was made and one full year beyond. VII. This bill will have no fiscal impact on the Department of Transportation. Abandoned Vehicles Section 262:32 262:32 Reasons for Removal and Impoundment. Section 262:35-a - Review of Fees for Removal and Impoundment. RSA 31:22. Amend the introductory paragraph of RSA 260:14, VII-a to read as follows: VII-a. II. (h) For heavy duty vehicles and heavy-duty recovery vehicles, portable lighting equipment. I dont like the idea of my old landlord touching my stuff. XIII. 5, -----------------------------------------------------------------. RSA 264:17 Subrogation Prohibited - The right of subrogation against any third party shall not exist or be claimed in favor of the insurer who has paid or reimbursed, to or for the benefit of the insured, medical costs . SPONSORS: Sen. Birdsell, Dist 19; Sen. Starr, Dist 1; Sen. Cavanaugh, Dist 16; Rep. Klein-Knight, Hills. "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. - I. You have a 7-day limit to get your property before the landlord can throw your property away. 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. 1981, 146:1; 479:40, eff. The tow business shall provide state police with a complete updated list of all rates for the services it performs related to the towing and storage of vehicles, on the letterhead of the business, and shall update such list when prices change. Phone 603.271.2261 | Fax 603.271.1406 | Consumer Hotline 1.800.852.3416, Automobile Driver Exclusions (Personal and Commercial), Automobile Uninsured/Underinsured Motorists Coverage, Coverage Reductions, Restriction of Terms, Clarifications, Rating Law - RSA 412 - Effective 1/1/2004, Schedule Rating Plans - All Lines (Except WC), Use & File more than 30 days after the requested effective date, File & Use less than 30 days prior to the requested effective date, When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by, Umbrella or excess policies that provide excess limits to policies described in. N.H. Rev. Stat. 106-B:31 - Casetext Before being removed from the rotating list for disciplinary reasons, a tow business or employee shall be served with a written notice of intent describing the reasons, and notified that it may request a hearing before the department of safety bureau of hearings prior to any such removal. Yes. 1981, 146:1; 361:1, 3. When you call your former landlord, be politeeven if you dont feel like being polite. When law enforcement gets the 540-A orders, they will serve the landlordusually right away. Any records requested pursuant to this paragraph by the division of state police to provide notice to owners of towed or impounded vehicles may be shared with local law enforcement agencies and authorized representatives of tow companies, provided such records shall include information relative to lienholders and owners, including rental or leasing companies, limited liability companies, or corporations owning any interest in the towed or impounded vehicle. - I. The director shall have authority to determine when a tow list is adequately staffed with towing businesses and may refuse to add a business to the list if he or she determines the amount and type of calls in that zone is insufficient to justify a larger list. Towing personnel shall wear reflective clothing meeting Federal Highway Administration specifications at all times when working in or adjacent to the roadway. Nothing in this chapter shall be construed to confer any vested property rights upon a tow business to continue on the rotating list. Vehicle Registrations | NH Division of Motor Vehicles The law gives you 7 straight days to get your property, weekends and holidays included. When a towing situation being handled by state police involves a vehicle that requires recovery, towing, or removal from the scene, the trooper in charge shall make a best effort attempt to allow the owner, operator, or other person lawfully responsible for the vehicle to contact a preferred tow business, unless doing so will delay the timely restoration of safe traffic movement, prolong a serious hazard, or compromise the preservation or collection of evidence. The tow business may hold the vehicle for payment of services at the business location if not satisfied with payment on site. The numeric citations in source notes are to chapter laws and the alpha-numeric citations are to statutory codes or compilations. XI. A vehicle has been left unattended within a state-owned park and ride facility for a period of greater than 21 days. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 262 - ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES. 2 Administration of Motor Vehicle Laws; Records and Certification. The owner, operator, and any employee of the tow business on the list shall comply with all applicable state and federal laws and local ordinances. A secure building that provides written proof that it meets all applicable state and local codes and which is suitably alarmed may substitute for a fenced area if the tow business provides for total inside storage. Decisions made pursuant to this paragraph shall be based on the public safety concerns. There will be no charge for normal highway cleanup of 30 minutes or less unless cleanup is a regular part of the itemized bill. For example, if you left on a Sunday, you have until the end of the day on the following Sunday to contact your old landlord and get your property. 1979, 141:1, eff. Consider calling these agencies/organizations for help: Explain your problem to these organizations and ask for help. . State Police shall not set the fees for these services nor use the rate schedule provided in determining placement on a rotation schedule. VII. The tow business shall also comply with all other business requirements and taxes required under state or federal law. Follow the link for more information. A tow business shall not sell, assign, transfer, pledge, surrender, encumber, or dispose of its place on the rotation list. Tow vehicle owners, operators, and employees shall not be abusive, disrespectful, or use profane language when dealing with the public or officials and shall cooperate with the members of the state police. In such case, the tow business shall be repositioned on the rotation list accordingly. The State of New Hampshire does not currently have a formal abandoned/derelict vessel program. They are very useful for narrowing down legislative history research. Below is a comparison between our most recent version and the prior quarterly release. 7/1/2022. The clerk will also inform you when the final hearing will take place. Section 262:36 - [Repealed] Section 262:36-a - Disposal by Storage Company. Worksheet; Introduction; Legislative Process, Laws of the State of New Hampshire (Chapter/Session Laws), https://courts-state-nh-us.libguides.com/legislativehistory, Compiling a New Hampshire Legislative History, Historical Statutory Codes & Compilations, Division of Archives & Records Management, Find it in a Library LEXIS New Hampshire Revised Statutes Annotated, New Hampshire Statutes & Court Rules (Westlaw), LEXIS New Hampshire Revised Statutes Annotated, 1915, 162:2= Laws of the State of New Hampshire, 1915 session, chapter 162, section 2, PL 42:21= Public Laws of the State of New Hampshire, 1925, chapter 42, section 21 (See, RL 51:22 = Revised Laws,1842, chapter 51, section 22 (See Historical Statutory Codes for more information), 1943, 70:1 = Laws of the State of New Hampshire, 1943 session, chapter 70, section 1, 1945, 68:1 = Laws of the State of New Hampshire, 1945 session, chapter 69, section 1, 1953, 21:1 = Laws of the State of New Hampshire, 1953, chapter 21, section 1, RSA 31:22 = Revised Statutes Annotated, chapter 31, section 22 (this refers to the original, six-volume version of the RSAs)(See Historical Statutory Codes for more information), 1979, 141:1, eff. All such records shall be available for inspection and copying by state troopers or agents of the department of safety during normal business hours at the place of business of the wrecker business, and shall be maintained for the current calendar year and the year immediately prior to the current calendar year. My old landlord told me he moved all of my property from my old apartment to a storage facility. SPONSORS: Sen. Birdsell, Dist 19; Rep. Packard, Rock. If the value of the vehicle is less than [. Your landlord must handle your property with reasonable care if its moved to a different location. The identification number issued by the Federal Motor Carrier Safety Administration to the motor carrier, preceded by the letters "USDOT"; shall also be included in such lettering. PDF Current through Chapter 1 of the 2023 Legislative Session Section 106-B:31 - Requirements to Remain on the Tow List I. Tow personnel shall perform a general cleanup of an accident area before leaving the scene, and remove any glass, vehicle parts, debris, or other substances dropped or spilled prior to leaving an incident scene. If Thanksgiving Thursday falls within this week, its counted as one of your 7 days. Amend RSA 260:14, VII-a by inserting after subparagraph (c) the following new subparagraph: (d) Motor vehicle records obtained to provide notice to owners of towed or impounded cars, or to authorized representatives of motor vehicle towing companies responsible for towing such cars. (f) The name and address, date of birth, driver license number, and licensing state or province of the driver of the vehicle, if known. VI. 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 [. Calling a tow company from the list does not create a contract with or obligation on the part of the state police or state police personnel to reimburse any fee or towing charge, except when towing a vehicle owned or leased by the state police or that is later forfeited to the state police, or if a court determines that the state police wrongfully authorized the tow and orders the state police to pay transportation and storage fees. New Hampshire Revised Statutes. XV. Any activity done or designed for the purpose of circumventing the list shall be cause for the division to remove the business from the rotating list permanently or for a specific time determined by the division.