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.

5 State Police;

Use of Tow List.

Amend RSA 106-B:27, IV to read as follows:

IV.

The director of state police with the approval of the commissioner of safety may adopt rules pursuant to RSA 541-A consistent with relevant provisions of this subdivision setting forth minimum qualifications of tow companies and their employees to participate in the state police tow list, including qualifications, training, and minimum standards for equipment, response times, storage and release of towed vehicles and their contents, and criminal history and motor vehicle record checks of[ tow truck drivers] employees.

6 Definitions;

Removal of Abandoned Vehicles.

Amend RSA 106-B:28 to read as follows:

106-B:28 Definitions.

In this subdivision:

I.

"Employee" means any individual employed by the tow business who may physically respond roadside to a state police tow call for service.

II.

"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 air brake 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.] III.

"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, HB 1492-FN - AS AMENDED BY THE SENATE - Page 4 - 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.] IV.

"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.] V.

"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.] VI.

"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.

HB 1492-FN - AS AMENDED BY THE SENATE - Page 5 - [VI.] VII.

"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.] VIII.

"Vehicle storage area" means a suitable yard or enclosed building where a qualified tow business keeps or stores towed or impounded vehicles.

[VIII.] IX.

"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.

7 Use of Tow List.

Amend RSA 106-B:29, X to read as follows:

X.

A tow business may terminate or temporarily suspend its designation as a service provider and be removed from the rotation list by providing prompt written notice to state police [communications].

In the event of unforeseen circumstances such as death, fire, bankruptcy, or loss of equipment from accident or failure, a tow business on the tow list shall timely notify the director of state police in writing of its intent to suspend its designation as a service provider.

If and when it desires to return to service, such tow company shall send a new application to the director.

If approved to resume operation, they shall be placed at the bottom of the rotation list.

8 Use of Tow List.

Amend RSA 106-B:29, XV to read as follows:

XV.

A tow business shall not sell, assign, transfer, pledge, surrender, encumber, or dispose of its place on the rotation list.

By applying to be placed on the list, a tow business agrees to respond to all state police calls 24 hours a day, 7 days a week.

If for any reason the business cannot respond to a call, it rotates to the bottom of the list.

Businesses that develop a pattern of non-response to calls or fail to meet the response times outlined in RSA 106-B:30 may be subject to removal from the rotation list or actions outlined in RSA 106-B:34.

9 Requirements for Placement on the Tow List.

Amend RSA 106-B:30, II-III to read as follows:

II.

The tow business shall provide as part of its application a list of all [tow truck operator personnel] employees, including full name, current address, date and place of birth, driver's license number and type, and any restrictions, and license expiration date[, and social security number].

The application shall be updated with the state police [communications] within 5 days of whenever a new employee is hired, or an employee leaves the employ of the business.

III.

The application shall include an individual form approved by the director of state police for each [tow truck operator] employee and for the owner and manager of the business and any supervisors, listing under penalty of unsworn falsification their full name, date and place of birth, HB 1492-FN - AS AMENDED BY THE SENATE - Page 6 - driver license number and type and any restrictions or limitations, and a listing of all motor vehicle offense convictions in this or any other state or Canadian province including type, court, and year in the preceding 5 years, and a list of any criminal convictions in this or any other state or Canadian province within the past 10 years, including type of offense, year of conviction, court, and sentence imposed, and whether the person is currently on probation or parole or has ever been a registered sex offender or subject to a domestic violence protective order.

Nothing in this paragraph shall restrict the employer or state police in case of doubt from verifying the information through a record check or checks.

10 Requirements for Placement on the Tow List.

Amend RSA 106-B:30, V to read as follows:

V.

If an [operator] individual is [employed by] an employee of more than one listed towing company, each company shall maintain an independent and separate driver file on such individual.

When [a driver, manager, or supervisor] an employee ceases employment at the business or a new such employee is hired, the company shall notify the state police director in writing within 10 days and include a copy of the application including a copy of the form described in paragraph III.

It shall be the responsibility of the operator to maintain appropriate records of driving times showing full compliance with all applicable laws, rules, and regulations.

11 Requirements for Placement on the Tow List.

Amend RSA 106-B:30, VIII to read as follows:

VIII.

Wreckers dispatched shall arrive at the scene within 30 minutes of being called, except for cases where the travel distance, posted speeds, or traffic and weather conditions and volume of traffic make this unreasonable.

For heavy duty calls the company shall respond within a maximum of 60 minutes regardless of the time of day.

If the time exceeds the above limit and the tow business does not provide state police communications or the trooper in charge at the scene with a valid reason for the delay within that time, a second rotation wrecker may be dispatched.

If a second wrecker is requested before the arrival of the initially dispatched rotation wrecker, the initially requested wrecker shall forfeit the call and leave the incident scene.

Repeated tardiness may result in suspension or removal from the rotation list or any other disciplinary action as outlined in RSA 106-B:34.

Notwithstanding any other provision of law, for imminent concerns related to public health, safety, or welfare, the director may order the immediate suspension of the tow business at their discretion, and without a hearing.

Any such suspension shall be subject to the hearing requirements and timelines set forth in RSA 541-A:30, III.

12 Requirements to Remain on the Tow List.

Amend RSA 106-B:31, XIII to read as follows:

XIII.

State troopers or other designated department of safety personnel may be assigned at the discretion of the state police director to conduct reviews from time to time of towing businesses, their records, and equipment to ensure compliance with relevant rules and laws and make a recommendation[ through the state police communications commander] to the director as to the level of compliance and any appropriate action.

Tow businesses participating in the tow list shall make, during normal business hours, their records, vehicles, facility, and equipment available for HB 1492-FN - AS AMENDED BY THE SENATE - Page 7 - examination for such reviews by troopers or other department of safety employees.

In cases of non- compliance, the state police [communications commander] shall recommend appropriate action to the director, which may include a verbal or written reprimand, suspension, or revocation from continued participation in the rotating list.

Such action is discretionary and shall be based on the nature and seriousness of the discrepancy and any prior record of the business.

13 Compliance Action;

Disciplinary Enforcement.

RSA 106-B:34 is repealed and reenacted to read as follows:

106-B:34 Compliance Action;

Disciplinary Enforcement.

I.

Participation in the state police tow list is a privilege and not a right.

The director of the division of state police shall administer the state police tow list and shall ensure that towing, storage, roadside emergency service, and vehicle recovery performed at the direction or request of the division of state police are conducted in compliance with state law and rules adopted pursuant to RSA 541-A, and in a manner that promotes public safety and maintains the confidence of the motoring public.

II.

The director may take disciplinary action upon a finding, supported by satisfactory evidence, that a tow business or tow business employee has violated:

(a) The provisions of RSA 106-B:29 through RSA 106-B:33;

or (b) Any rule adopted pursuant to this subdivision.

III.

Disciplinary actions authorized under this section may include:

(a) A verbal or written warning;

(b) Suspension of a tow business, a tow business employee, or both, from participation in the state police tow list for a period not to exceed 2 years;

or (c) Removal from the state police tow list.

Tow businesses that are removed are eligible to reapply to the state police tow list after a period of not less than 2 years.

IV.

In determining the appropriate disciplinary action, the director shall consider the seriousness of the violation, any prior history of violations, and any resulting harm to the public or to property.

V.

Any person aggrieved by a disciplinary action imposed under this section may appeal the decision to the department of safety bureau of hearings and thereafter to the superior court in accordance with RSA 106-B:31, XIV.

14 Effective Date.

I.

Sections 1-4 of this act shall take effect January 1, 2027.

II.

The remainder of this act shall take effect 60 days after its passage.

LBA 26-2310 05/15/2026 HB 1492-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-1764s) 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.

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It also modernizes statutory language, broadens certain requirements from “tow truck operators” to “employees,” removes confidentiality requirements for tow rate lists, and clarifies disciplinary and enforcement procedures for tow companies participating in the State Police tow list.

The Department states this bill is not expected to have a direct fiscal impact on state, county, and local governments.