CHAPTER 18
HB 162 – FINAL VERSION
2009 SESSION
08/09
HOUSE BILL 162
AN ACT relative to recycled and rebuilt vehicles.
SPONSORS: Rep. Knox, Carr 4; Rep. Schmidt, Straf 4
This bill requires submission of forms for the purpose of identifying vehicles that are destroyed. This bill also requires that rebuilt vehicles be identified as such on salvage certificates.
This bill was requested by the commission to study automobile recycling issues, established by 2007, 273 (HB 54).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0371
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to recycled and rebuilt vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
18:1 Destruction of Vehicles; Total Loss, Salvage, and Rebuilt Vehicles. The section heading of RSA 261:22 and RSA 261:22, I is repealed and reenacted to read as follows:
261:22 Destruction of Vehicles; Total Loss, Salvage, and Rebuilt Vehicles.
I.(a) The owner of a facility where any motor vehicle is first crushed, shredded, baled, or sheared shall submit within 30 days to the department a form provided by the department that requires such information and signatures as are necessary to:
(1) Identify the vehicle and the owner of the vehicle when it was brought to the facility;
(2) Provide certification by the facility owner that the vehicle was destroyed and that no potential contaminants, as specified by the department of environmental services, were in the vehicle prior to its destruction;
(3) Identify the facility, business entity, or individual owner responsible for removing the contaminants in the vehicle, including a declaration by the same that such removal and subsequent storage, processing, and disposal was done in accordance with all applicable local, state, and federal laws;
(4) Identify the location of the contaminant removal and the location of the vehicle’s destruction; and
(5) Provide contact information for all parties identified on the form, including notation of any applicable registrations, permits, or licenses issued by the department or the department of environmental services and held by the parties.
(b) For purposes of this section, “facility” means the motor vehicle salvage facility, as defined in RSA 149-M:4, XI-b, or other location at which a vehicle is crushed, shredded, baled, or sheared.
(c) The submission of the form shall be accompanied by the certificate of title for the vehicle, unless one is not required for the vehicle under RSA 261:3, and any other information and documents the director reasonably requires.
(d) Any vehicle that has been crushed, shredded, baled, or sheared in the state shall be accompanied while being transported on the ways of the state by either a copy of the fully completed form as submitted to the department or some alternative means, approved by the department, of certifying that such submission was made.
(e) The provisions of this paragraph shall not be construed to place any liability upon any owner of a motor vehicle crusher or a facility that is permitted under RSA 149-M, relative to contaminants that are removed by others where such removal is declared on the form in accordance with RSA 261:22, I(a)(3).
18:2 Destruction of Vehicles; Salvage Certificates; Rebuilt Vehicles. Amend RSA 261:22, IV to read as follows:
IV. If the department has issued a salvage certificate of title after the vehicle has been declared a total loss, the owner shall not apply for title or registration again until the vehicle has been inspected by the director or the director’s authorized representative. The inspection of the vehicle shall include verification of the vehicle identification number and bills of sale or titles for major component parts used to rebuild the vehicle. When necessary for rebuilt vehicles, a new vehicle identification number shall be attached to the vehicle and shall take precedence over any other number that may be engraved on or attached to the vehicle. Any new title and registration issued for a rebuilt vehicle shall contain the legend “rebuilt vehicle.” The department shall also issue a decal bearing the legend “salvage vehicle” which the title bureau investigator shall affix to the vehicle on the rear of the left front door post. Each “salvage vehicle” decal shall include a statement indicating that removing the decal or causing the decal to be removed is a misdemeanor under RSA 261:22, V.
18:3 Effective Date. This act shall take effect 90 days after its passage.
Approved: May 4, 2009
Effective Date: August 2, 2009