New Hampshire Towing: No Rate Cap, 15 Days to Object

New Hampshire's towing rules sit in the Abandoned Vehicles subdivision of RSA 262, and they treat a private-lot tow and a police-ordered tow as one system with two entry points. RSA 262:40-a, I lets the owner or person in lawful possession of private property, or the manager of a state-owned park and ride, either cause removal of a vehicle parked without permission in a reasonable manner while giving notice of the removal to a peace officer as soon as reasonably possible, or ask a peace officer to have the vehicle removed under the subdivision's ordinary procedures. RSA 262:40-a, V requires any police department that receives such a request or notice to maintain a log of it, which is the record to ask for when you are trying to establish when your car actually left the lot.

The signage rule is the sharpest consumer protection in the chapter, and it is narrow. RSA 262:40-a, IV provides that where a vehicle is towed from a parking lot or parking garage, charges for removal and storage may not be assessed against the vehicle owner unless conspicuous notice that illegally parked vehicles are subject to towing at the owner's expense is posted in that lot or garage. The statute does not dictate sign dimensions, lettering height, spacing or the inclusion of a phone number, so conspicuousness is decided case by case. It also does not reach a tow from a driveway or from unimproved private land, because the sentence is written for a parking lot or parking garage. The same paragraph puts the cost of removal on the last registered owner according to department records unless that person shows a transfer of ownership before the abandonment or that the vehicle had been reported stolen at the time.

On price, RSA 262:35-a, I is the whole of it. Fees for removal and storage under RSA 262:32 or RSA 262:40-a shall be reasonable and may reflect market variables including distance traveled to and from the storage facility, vehicle size and weight, the time needed to remove and store the vehicle, any special equipment needed, and personnel costs. To contest a charge you first pay the custodian an amount equal to the towing and storage charges to get the vehicle released, then within 15 days of the release request in writing a review by the commissioner of safety. The commissioner or a designee screens the claim for sufficient grounds to hold a hearing; if a hearing is warranted the bureau of hearings must schedule it within 20 days of that review, and the commissioner or designee must approve or disapprove the bureau's decision within 7 days after the hearing. An aggrieved person may then appeal to superior court in the manner prescribed by RSA 263:75, II and III, notwithstanding RSA 262:25. Miss the 15 days and RSA 262:35-a, I deems all rights to review waived and makes you liable for the total amount billed. RSA 262:35-a, II preserves any separate court review of reasonableness.

Whether the tow should have happened at all is a different proceeding. RSA 262:33, II gives that right to an owner whose vehicle was towed under RSA 262:31-a or RSA 262:32: pay over the towing and storage charges to secure release, then within 15 days of the towing and impoundment request a hearing in writing. Under RSA 262:33, III the hearing is held by the head of the law enforcement agency that employs the official who ordered the tow, or a designee, and if that officer finds sufficient grounds did not exist the agency must reimburse what was paid to the custodian. RSA 262:32 lists the grounds, among them a vehicle left unattended more than 4 hours on a toll road, turnpike or interstate, more than 24 hours on any way or its right-of-way, and more than 3 hours on election day in an area designated for voters temporarily present to vote.

Your belongings are protected by a specific list. RSA 262:35-a, III lets the storer remove items from inside the vehicle that are not part of or accessories to the vehicle and hold them pending payment, but it excludes wallets, purses, life essential clothing, mail, legal documents, car seats, eyeglasses, medicine, medical equipment and house keys, which must be released regardless of the bill. If fees remain unpaid after 20 days the storer may dispose of the held items. Notice of the tow itself is governed by RSA 262:34: the official or the private property owner who directed removal must attempt by the most practicable means to tell the registered owner of the removal and where the vehicle went, and if the owner cannot be identified or reached, must file notice with the director of motor vehicles within 30 days.

One thing New Hampshire does not have is a drop fee. No section of RSA 262 requires a tow operator to release a vehicle for a reduced charge, or for nothing, when the driver returns before the truck leaves. Nor is there a rate schedule filed with the state, a maximum daily storage rate, a required credit card option, or a cap on gate fees for after-hours retrieval. RSA 262:31-a is also limited: it requires use of a tow list under RSA 106-B:26 through RSA 106-B:34 only when the state police seek to tow, not when a town police department or a private lot owner does.

Ignoring the bill is expensive, because RSA 262:33, I makes all reasonable removal and storage charges a lien against the vehicle payable by the owner, custodian or person claiming it. The clock then runs under RSA 262:36-a: a storage company may dispose of an unclaimed vehicle more than 5 model years old after 20 days, or 30 days if it is 5 model years old or newer, in each case after the RSA 262:38 notice, and may dispose of a vehicle worth less than $1,000 or one so vandalized, damaged or in disrepair as to be fit only for salvage in 15 days without RSA 262:38 or RSA 444 notice, though it must still give the owner 10 days' notice by verified mail under RSA 21:53 or in person if the owner's address is known or reasonably ascertainable.

RSA 262:36-a, IV extends the claiming period by 14 days, or until release, when the storer knows the owner is hospitalized or incarcerated as a result of an accident. Damage claims are limited by RSA 262:35, which exempts a custodian from liability for damage to a vehicle in custody provided due care is exercised to prevent negligent acts, so an owner must show the storer failed to exercise due care. Against the tower, the routes are the commissioner of safety fee review under RSA 262:35-a, I, the law enforcement hearing on grounds under RSA 262:33, III, an appeal to superior court under RSA 263:75, II and III, and the general court review preserved by RSA 262:33, IV and RSA 262:35-a, II.

Against a lot owner who towed you without posted signage, RSA 262:40-a, IV is a defense to the charge itself rather than a penalty on the tower.