HB466 (2007) Detail

(New Title) relative to removing abandoned vehicles and moving improperly parked vehicles in state park and ride lots.


CHAPTER 175

HB 466-LOCAL – FINAL VERSION

06Mar2007… 0249h

05/17/07 1302s

2007 SESSION

07-0682

06/01

HOUSE BILL 466-LOCAL

AN ACT relative to removing abandoned vehicles and moving improperly parked vehicles in state park and ride lots.

SPONSORS: Rep. Rausch, Rock 5; Rep. Graham, Hills 18; Rep. Waterhouse, Rock 4; Rep. Cloutier, Sull 4; Sen. Kenney, Dist 3; Sen. Downing, Dist 22

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill:

I. Allows removal of abandoned vehicles from state park and ride lots.

II. Allows authorized persons to move improperly parked vehicles in state park and ride lots.

III. Is a request of the department of transportation.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0249h

05/17/07 1302s

07-0682

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to removing abandoned vehicles and moving improperly parked vehicles in state park and ride lots.

Be it Enacted by the Senate and House of Representatives in General Court convened:

175:1 Vehicles Removed from Private and State Property; Conspicuous Notice in Parking Lots and Garages. Amend RSA 262:40-a to read as follows:

262:40-a Vehicles Removed From Private and State Property; Conspicuous Notice in Parking Lots and Garages.

I. The owner or person in lawful possession of any private property or the manager of a state-owned park and ride lot 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 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.

II. The department of transportation shall give authorized persons permission to remove vehicles which are abandoned, as described in RSA 262:32, at state-owned park and rides.

III. The department of transportation shall give authorized persons permission to move any vehicle within a state-owned park and ride lot when such vehicle is improperly parked in a bus storage or travel lane which is properly marked. The owner of the vehicle shall be responsible for the costs of moving the vehicle.

[II.] IV. 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.

[III.] V. Any police department which receives a request to have a vehicle removed or receives notice of a removal as provided in this section shall maintain a log of such requests and notices.

175:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 18, 2007

Effective: August 17, 2007