50 New Hampshire State laws regarding abandoned or unclaimed

New Hampshire State laws regarding abandoned or unclaimed vehicles:

259:4-a Authorized Official – "Authorized official”, for purposes of RSA 262:31 through 40-b, shall mean

any police employee of the division of state police, highway enforcement officer or other authorized

employee of the department of safety, or peace officer.

262:31 Authority to Take – An authorized official may take a vehicle into his or her custody and may cause

the same to be taken away and stored at some suitable place only as provided in this subdivision.

262:32 Reasons for Removal and Impoundment – An authorized official may cause the removal and

storage of a vehicle if he has reasonable grounds to believe that:

I. A vehicle has been left unattended on the paved portion of a toll road, turnpike, or interstate and defense

highway for a period of greater than 4 hours;

II. A vehicle has been left unattended on any way or the right-of-way thereof for a period of greater than 24

hours;

III. A vehicle is obstructing any way or the access thereto, or access to a public building, or is or will be a

menace to traffic if allowed to remain, or is obstructing snow removal or highway maintenance operations;

IV. The owner or legal occupant of private property has complained that a vehicle is obstructing the

passage of vehicles from a public street or highway onto the driveway of such private property;

V. A vehicle is reported stolen, or is apparently abandoned, or without proper registration, or apparently

unsafe to be driven;

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 facility for a period of greater

than 21 days.

262:33 Procedures for Removal and Impoundment –

I. Upon satisfying the requirements of RSA 262:32, such vehicle may be removed and stored in a suitable

place, and all reasonable charges incurred as a result of such removal and storage shall be a lien against the

vehicle which shall be paid by the owner, custodian, or person claiming such vehicle, except as otherwise

provided in this section.

II. Whenever a vehicle is towed pursuant to RSA 262:32 the owner or other person lawfully entitled to the

possession of the vehicle shall be entitled to recover said vehicle and release of the above lien by payment of

all reasonable towing and storage charges. If the owner or other person lawfully entitled to possession of the

vehicle wishes to challenge whether there was sufficient grounds for towing and impoundment, he or she may

pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the

release of such vehicle, and, within 15 days of the towing and impoundment, request in writing a hearing.

III. The hearing shall be held before the head of the law enforcement agency which employs the authorized

official who caused the vehicle to be removed and stored, or his or her designee. In the event such agency

head or his or her designee determines sufficient grounds did not exist for the removal and storage of the

vehicle, the law enforcement agency shall reimburse the owner or other person lawfully claiming possession

for any amount paid to the custodian to secure release of the vehicle.

IV. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may

be permitted by laws of this state by a court of competent jurisdiction.

262:34 Notice of Removal – Whenever an authorized official or the owner or person in lawful possession of

private property directs the removal and storage of a vehicle as permitted in this subdivision, he shall, if he

knows or is able to ascertain from the registration records of the division the name and address of record of

the registered owner of the vehicle, attempt to give or have given by the most practicable means, notice of the

fact of such removal and the place to which said vehicle has been removed. If the authorized official does not

know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the

owner as provided in this section, such notice shall be filed with the director, which notice shall be placed on

file by said director and open to public inspection.

262:35 Exemption from Liability – No custodian shall be liable for damages to such vehicle while it is in his

or her custody, providing due care is exercised to prevent negligent acts.

262:35-a Review of Fees for Removal and Impoundment –

I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized

official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables,

including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the

amount of time needed to remove and store the vehicle, any special equipment needed, and personnel costs. If

the owner or other person lawfully entitled to possession of the vehicle wishes to challenge the reasonableness

of the fee charged, the owner or other person may pay over to the custodian of the vehicle an amount equal to

the towing and storage charges to secure the release of the vehicle, and, within 15 days of the release of the

vehicle, request in writing a review by the commissioner of safety. The commissioner of safety or designee

shall review the claim to determine if there are sufficient grounds to conduct a hearing to determine whether

the charge was reasonable. If the commissioner or designee determines that a hearing is necessary, the hearing

shall be scheduled by the bureau of hearings within 20 days after review by the commissioner, at which time

the extent of removal and storage fees shall be determined. The commissioner or designee shall approve or

disapprove of the decision of the bureau of hearings within 7 days after the hearing was held. Notwithstanding

RSA 262:25, any person aggrieved by a decision of the commissioner or designee under this section may

appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no

request for review is filed within the 15-day period, the owner or other person lawfully entitled to possession

of the vehicle shall be deemed to have waived all rights to review under this section and shall be liable for the

total amount billed.

II. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may

be permitted by laws of this state by a court of competent jurisdiction.

III. Any time that a person is storing a vehicle pursuant to the provisions of this subdivision, the person

may remove any items from within the vehicle that are not a part of or accessories to the vehicle. The person

may hold any such items, other than wallets, purses, life essential clothing, mail, legal documents, car seats,

eyeglasses, medicine, medical equipment, or house keys pending payment of any fees due under this

subdivision. If fees remain unpaid after 20 days, the person may dispose of the items.

262:36-a Disposal by Storage Company –

I. If the owner of a motor vehicle removed or stored pursuant to RSA 262:33 or RSA 262:40-a does not

claim the vehicle within 20 days, and the vehicle is more than 5 model years old at the time of removal, the

storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38, provided that no

notice by publication shall be required.

II. If the vehicle is 5 model years old or less at the time of removal and the vehicle has not been claimed

within 30 days, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38.

III. If the value of the vehicle is less than $1,000 or the vehicle is so vandalized, damaged, or in disrepair

as to be unusable as a motor vehicle and only fit for salvage as determined in good faith through the

application of reasonable automotive industry standards, the storage facility may dispose of the vehicle in 15

days without the notice required by RSA 262:38 and RSA 444. If the last place of abode of the owner of such

vehicle is known to or may be ascertained by such storage facility by the exercise of reasonable diligence, the

storage facility shall give notice of the time and place of the sale to the owner by registered or certified mail,

or in person, at least 10 days prior to the disposal and upon written notice to the director subject to such rules

as the department shall adopt pursuant to RSA 541-A.

IV. If the towing or storage facility has knowledge or has been notified that the owner of the vehicle is

hospitalized or incarcerated as a result of an accident, the time allowed for claiming the vehicle under

paragraph I shall be extended for an additional 14 days or until the person has been released from the medical

facility or place of incarceration, whichever occurs first.

262:37 Sale Authorized. – If the vehicle shall have been stored pursuant to this subdivision and all the

requirements of RSA 262:36-a have been met, the custodian of the vehicle may sell the same, at the

custodian's place of business at public auction, for cash.

262:37-a Access to Records. – The custodian of the vehicle may obtain the name and last known mailing

address of the last registered owner of a vehicle stored pursuant to this subdivision, and a law enforcement

officer with jurisdiction, upon request of the operator of a tow truck, shall give to the tow truck operator, upon

receipt of such information, the name and mailing address of the registered owner of the vehicle if the owner

or custodian of the vehicle was not present or able to give that information at the scene. If the law

enforcement officer is aware that the owner or custodian of the vehicle was removed to a medical or

correctional facility, the law enforcement officer shall notify the tow truck operator of that fact.

262:38 Notice of Sale – Notice of sale shall be given by posting notices thereof in 2 or more public places in

the town or city where the property is stored, at least 14 days before the sale and, if the current retail value of

the vehicle exceeds $1,000, as determined in good faith and by a credible method, by publishing the notice at

least once in a newspaper of general circulation in the area. If the last place of abode of the owner of such

vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable

diligence, a notice of the time and place of the sale shall be given by the garage owner by registered or

certified mail, or in person, at least 10 days prior to the sale.

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 facility on which a vehicle is parked without 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 facility when such vehicle is improperly parked in bus storage or travel lane which

is properly marked. The owner of the vehicle shall be responsible for the costs of moving the vehicle.

IV. The costs of removing a vehicle under this section, including reasonable towing and storage costs, shall,

consistent with RSA 262:35-a, be the responsibility of the last registered owner according to department

records, unless said last registered owner is able to establish a transfer of ownership to some other person

prior to abandonment or that the vehicle was reported stolen to a law enforcement agency at the time of

abandonment, in which case the last owner shall be liable. 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.

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

262:41 General Penalty – Unless otherwise provided in statute, any person convicted of a violation of any

provision of this title, or of any rule made under authority thereof, shall be fined $50 plus penalty assessment

for a first offense. For any subsequent offense committed during any calendar year such person shall be fined

$100 plus penalty assessment.

Mechanic’s Lien Requirements- Pursuant to RSA:450, a person purchasing a motor vehicle or trailer at a

lienholder’s public sale for satisfaction of a lien for storage or labor, shall submit the following documentation

to the Division of Motor Vehicles in order to obtain a certificate of title:

A. TDMV 23: A properly executed Title Application prepared by a town or city clerk or by a New

Hampshire licensed dealer.

B. TDMV 22A: A bill of sale from the lienholder/mechanic or storage facility

C. TDMV 108: An affidavit of sale, from the lienholder describing the vehicle by make, model, year, body

style, and vehicle identification number and containing the following listed information:

1. The amount of the lien and the amount of time the lien has remained unpaid.

2. The date and the two public places where the Notice of Public Sale was posted.

3. The date and name of the newspaper that published the notice of public sale.