CHAPTER 254
SB 282-FN-LOCAL – FINAL VERSION
02/23/06 1069s
26Apr2006… 1727h
2006 SESSION
03/09
SENATE BILL 282-FN-LOCAL
AN ACT relative to removal of abandoned vehicles.
This bill:
I. Clarifies liability for costs of removing abandoned vehicles from private property.
II. Authorizes removal of abandoned vehicles from state-owned park and rides.
III. Modifies procedures and requirements relating to vehicles submerged in surface waters of the state and adds petroleum containers to the submerged vehicle statute.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/06 1069s
26Apr2006… 1727h
06-2326
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to removal of abandoned vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
254:1 Abandoned Vehicles; Vehicles Removed From Private Property. Amend RSA 262:40-a, I to read as follows:
I. The owner or person in lawful possession of any private property on which a vehicle is parked without his or her permission or is apparently abandoned may:
(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
(b) Notify a peace officer that he or she wishes to have such a vehicle removed from [his] the property, whereupon the peace officer or another authorized official shall cause the removal of such vehicle pursuant to the removal, impoundment, and notice procedures required by this subdivision.
254:2 Abandoned Vehicles; Charges Against Vehicles Abandoned on Private Property. Amend RSA 262:40-a, II to read as follows:
II. The costs of removing a vehicle under this section, including towing costs, shall, consistent with RSA 262:35-a, be the responsibility of the last registered owner according to department records. 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.
254:3 Abandoned Vehicles; Reasons for Removal and Impoundment; Park and Ride. Amend RSA 262:32, VI to read as follows:
VI. 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. A vehicle has been left unattended within a state-owned park and ride lot for a period of greater than 30 days.
254:4 Water Pollution and Waste Disposal; Prohibited Acts; Vehicles and Containers. RSA 485-A:14 is repealed and reenacted to read as follows:
485-A:14 Prohibited Acts.
I. The lawful owner of any petroleum-powered vehicle or petroleum container that becomes partially or completely submerged in the surface waters of the state shall remove the vehicle or container from the water within 48 hours or as soon thereafter as safety and weather conditions permit. Petroleum-powered vehicles include, but are not limited to, cars, trucks, motorcycles, snowmobiles, motorized boats, off highway recreational vehicles, all terrain vehicles, construction equipment, trains, and airplanes. Petroleum containers include, but are not limited to, drums, barrels, tanks, pails, cans, jugs, or equipment which contains oil.
II. The lawful owner of the submerged vehicle or container shall notify the department of environmental services in accordance with RSA 146-A, and the department shall investigate any possible contamination and ensure the safe removal of the vehicle or container from the body of water involved. Any partially or completely submerged vehicle or petroleum container shall be presumed to be discharging oil into the surface waters of the state and shall be subject to the reporting, removal, and strict liability requirements of RSA 146-A.
III. The lawful owner of a vehicle shall notify the department of safety, division of safety services, if any person is injured or killed in an incident involving a submerged vehicle.
IV. If the owner refuses or fails to remove a submerged vehicle or container as required by paragraph I, the department of environmental services may contract for the removal of the vehicle or container in question. The owner of the submerged vehicle or container shall be strictly liable for the costs of removing the vehicle or container and the costs of the investigation, containment, cleanup, removal, and corrective measures associated with the discharge. The cost shall be recoverable by the state in an action of debt brought by the attorney general in the name of the state. The state shall impound any submerged vehicle or container recovered, at the expense of the owner, until all costs incurred by the state have been paid by the owner of the vehicle or container.
V. Any person who fails to remove a submerged or partially submerged vehicle or container, as required by paragraph I, shall be guilty of a violation. Agents of the department of safety, division of safety services, or any police officer having jurisdiction over the water body, may issue citations for a violation of this section and issue fines of $500 for each day the vehicle remains in the water.
254:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 5, 2006
Effective: August 4, 2006