New Hampshire Revised Statutes 106-B:26 – Applicability
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I. This subdivision shall apply to the enforcement of provisions of the motor vehicle laws by the state police, including clearing roads and entrances of stolen, unregistered, illegally parked, disabled or abandoned vehicles, vehicles involved in accidents or crimes or other situations, regarding the removal, storage, and release of such vehicles towed and transported by wreckers, towing, and emergency road service organizations in a fair and equitable manner, upon request of the division of state police:
(a) In response to requests from owners or custodians of vehicles that have encountered mechanical problems that rendered them inoperable or unsafe to be driven;
(b) In response to requests from a state trooper when a vehicle has been abandoned on private property without consent of the property owner;
(c) When a vehicle is found obstructing the passage of vehicles from a public street or highway onto the driveway of such private property or public building;
(d) When a vehicle was involved in a traffic accident or crime or its driver is incapacitated or under arrest, or is without a valid driver ‘s license;
(e) When a vehicle is interfering with snow removal or highway maintenance;
(f) When a vehicle has been left unattended within a state-owned park and ride facility for a period greater than 21 days; or
(g) When a vehicle is without proper registration or apparently unsafe to be driven.
II. Nothing in this subdivision shall restrict the authority of town and city law enforcement agencies to enforce relevant state statutes, to enact local bylaws or ordinances not in conflict with any state law or administrative rule regarding the clearance of disabled, abandoned, illegally parked, unregistered, or stolen vehicles or vehicles involved in crimes or collisions in areas where the local police have sole or shared jurisdiction with state police, or to enter into contractual agreements with tow companies for the removal of vehicles at the request of local authorities.
(a) In response to requests from owners or custodians of vehicles that have encountered mechanical problems that rendered them inoperable or unsafe to be driven;
Terms Used In New Hampshire Revised Statutes 106-B:26
- Arrest: Taking physical custody of a person by lawful authority.
- Division: means the department of safety, division of state police. See New Hampshire Revised Statutes 106-B:1
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) In response to requests from a state trooper when a vehicle has been abandoned on private property without consent of the property owner;
(c) When a vehicle is found obstructing the passage of vehicles from a public street or highway onto the driveway of such private property or public building;
(d) When a vehicle was involved in a traffic accident or crime or its driver is incapacitated or under arrest, or is without a valid driver ‘s license;
(e) When a vehicle is interfering with snow removal or highway maintenance;
(f) When a vehicle has been left unattended within a state-owned park and ride facility for a period greater than 21 days; or
(g) When a vehicle is without proper registration or apparently unsafe to be driven.
II. Nothing in this subdivision shall restrict the authority of town and city law enforcement agencies to enforce relevant state statutes, to enact local bylaws or ordinances not in conflict with any state law or administrative rule regarding the clearance of disabled, abandoned, illegally parked, unregistered, or stolen vehicles or vehicles involved in crimes or collisions in areas where the local police have sole or shared jurisdiction with state police, or to enter into contractual agreements with tow companies for the removal of vehicles at the request of local authorities.