HB1492 (2026) Detail

Relative to the regulation and appeal of motor vehicle towing from public highways.


HB 1492-FN - AS INTRODUCED

 

 

2026 SESSION

26-2310

06/08

 

HOUSE BILL 1492-FN

 

AN ACT relative to the regulation and appeal of motor vehicle towing from public highways.

 

SPONSORS: Rep. Leishman, Hills. 33; Rep. Cloutier, Sull. 6

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill authorizes the department of safety to oversee and set fees for towing and wrecker services on state highways.  It establishes an appeals process for disputes over such fees and empowers the department of safety to adopt rules to administer and enforce these provisions.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2310

06/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the regulation and appeal of motor vehicle towing from public highways.

 

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

 

1  New Subdivision; Towing and Wrecker Service Fees on State Highways.  Amend RSA 262 by inserting after section 40-c the following new subdivision:

Towing and Wrecker Service Fees on State Highways

262:40-d  Purpose.  The purpose of this subdivision is to establish departmental oversight of fees charged for the towing or removal of vehicles from state highways, to require such fees to be reasonable, and to ensure the public has access to a fair process for appealing disputed towing fees.

262:40-e  Oversight of Towing and Wrecker Charges.

I. The department of safety shall oversee fees charged for the towing or removal of vehicles from state highways.

II. The department of safety shall establish schedules of maximum allowable fees for towing and wrecker services on state highways, ensuring fees are fair and reasonable considering costs and regional standards.

262:40-f  Rulemaking Authority.

I. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, to implement and enforce this subdivision, including but not limited to:

(a) Procedures for the approval or modification of towing or wrecker service fee schedules;

(b) Requirements for notice to vehicle owners regarding fees; and

(c) Standards for recordkeeping and reporting by towing and wrecker services.

262:40-g  Appeals Process for Towing Fees.

I. Any owner or operator of a vehicle towed from a state highway may appeal a towing or wrecker fee deemed unreasonable or excessive to the department of safety.

II. The department of safety shall establish by rule an administrative process for review and determination of such appeals. The department’s decision shall be final for purposes of administrative review.

262:40-h  Severability.  If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision that can be given effect without the invalid provision or application, and to this end, the provisions of this subdivision are declared to be severable.

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

 

LBA

26-2310

12/2/25

 

HB 1492-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the regulation and appeal of motor vehicle towing from public highways.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

$233,000

$234,000

$238,000

Funding Source(s)

General Fund and Highway Fund

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

METHODOLOGY:

This bill authorizes the Department of Safety to regulate and set maximum allowable fees for towing and wrecker services on state highways. The bill requires the Department to adopt rules governing fee schedules, notice to vehicle owners, and recordkeeping by towing companies. The bill also creates an administrative appeals process allowing vehicle owners or operators to challenge towing fees they believe are excessive, with the Department’s decision being final for administrative purposes. The Department states it would need two new personnel to administer this bill; one Detective Sergeant at an annual cost of approximately $157,000 per year and one administrative secretary (SOC 43-04) at a cost of approximately $76,000 in FY 2027, $77,000 in FY 2028, and $81,000 in FY 2029. The positions would be 75% general fund and 25% highway fund, however, this bill provides neither funding nor authorization for new personnel.

 

AGENCIES CONTACTED:

Department of Safety

 

Links


Date Body Type
Jan. 26, 2026 House Hearing
Jan. 27, 2026 House Exec Session
Feb. 3, 2026 House Exec Session
Feb. 10, 2026 House Exec Session

Bill Text Revisions

HB1492 Revision: 49951 Date: Dec. 10, 2025, 8:32 a.m.

Docket


Feb. 5, 2026: ==CONTINUED== Executive Session: 02/10/2026 10:00 am GP 234


Jan. 29, 2026: ==CONTINUED== Executive Session: 02/03/2026 01:00 pm GP 234


Jan. 21, 2026: ==ROOM CHANGE== Executive Session: 01/27/2026 01:00 pm GP 232


Jan. 14, 2026: Public Hearing: 01/20/2026 11:20 am GP 234


Dec. 10, 2025: Introduced 01/07/2026 and referred to Transportation