(Second New Title) relative to the regulation and appeal of motor vehicle towing from public highways and relative to the removal of abandoned vehicles by law enforcement.
Sponsored By: Bill M. Gannon (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
15 provisions identified: 2 benefits, 4 costs, 9 mixed.
Tow workers face testing and driving rules
Tow businesses must adopt zero-tolerance drug and alcohol policies covering on-duty conduct and use before duty. Testing covers employees and applicants who may drive assigned vehicles or do safety-sensitive work, regardless of license type. A positive test or refusal bars that work until the federal return-to-duty process is completed. Programs must follow applicable federal standards, protect test records, provide reasonable-suspicion training, and enroll with a testing consortium. Tow vehicles cannot speed unsafely, drive recklessly, or commit other moving violations going to or from calls; violations can bring discipline.
Tow businesses need coverage and credentials
Businesses seeking State Police calls must regularly provide vehicle services and maintain a registered trade name, state tax identification, and employment-security account. They need workers' compensation coverage or exemption papers, legal compliance, and at least $1 million in auto liability coverage—or more when state rules require it. They must keep proof of insurance and adequate coverage for vehicles being towed or stored. Before applying, businesses must submit required federal transportation and operating-authority credentials, New Hampshire vehicle registrations, and annual federal inspections; invalid credentials bar active list status. With the safety commissioner's approval, the director can set further rules for training, equipment, response, storage, release, and record checks.
Tow workers face approval and screening
Tow businesses must submit employee rosters and signed disclosures, including driving offenses from the last 5 years and criminal convictions from the last 10 years. Forms authorize record checks and require other identity and legal-status information; false statements carry unsworn-falsification penalties. Businesses must report hires and departures within 5 days, and new employees need approval before answering State Police calls. Each employer must keep its own driver-qualification files, including required license, medical, driving, training, and road-test records; drivers must follow federal duty-status rules. Specified criminal, serious driving, suspension, and revoked-authorization histories can bar list access; deceptive-practice investigations or convictions require denial and can trigger later discipline.
Police gain vehicle removal and hold powers
State Police can remove unsafe vehicles, commercial vehicles with out-of-service vehicles or drivers, and vehicles unattended at state park-and-rides for more than 21 days. Troopers can impound, hold, or confiscate vehicles for law-enforcement work, including pending search warrants and forensic processing, and choose their storage location. Tow businesses cannot release held vehicles or allow unauthorized entry or inspection without police authorization or a court order. Recipients must show valid government photo identification, which the business must copy. Storage must be secure; a code-compliant building providing total indoor storage can replace a fenced storage area.
Drivers get towing choices with payment limits
State Police must try to let drivers contact a preferred tow business unless traffic, safety, or evidence needs prevent it. Police call the next listed business if the preferred business cannot respond promptly and effectively. After financial obligations are settled, owners can choose where their disabled vehicle goes. Tow businesses have a lien for impoundment, recovery, transport, and storage costs and can hold vehicles for unpaid charges. They cannot withhold essential personal items, including medicines, wallets, clothing, keys, or license plates, and must accommodate after-hours property release.
Roadside help comes with response deadlines
State Police can request equipped businesses for fuel, tires, batteries, and removal of disabled, stolen, or abandoned vehicles. Within coverage areas, Class II/III trucks must respond within 30 minutes from 8 a.m.–5 p.m., or 45 minutes after hours; Class I trucks get 60 minutes. Delay explanations are due within 15 minutes for Class II/III and 30 minutes for Class I; distance, traffic, speeds, and weather can make deadlines unreasonable. Businesses must provide weekday administrative and vehicle-release service from 9 a.m.–5 p.m., with someone on call after hours, weekends, and holidays. Declining or unavailable businesses move to the list's bottom; replacement dispatch ends the first business's call, and repeated failures can bring removal.
Tow businesses face fines and removal
Participating businesses cannot chase calls, patrol to bypass rotation, or offer service without dispatch or an emergency request from a trooper. The director can warn, fine, suspend, or remove businesses or employees for violations, considering seriousness, history, and harm. A business under active criminal investigation can be suspended while the investigation continues. Discipline and removal require written notice, and affected parties can request an administrative hearing within the law's deadlines. A removed business must wait at least five years to reapply; the director then considers prior offenses, violations, and harm.
Tow businesses face new dispatch rules
New Hampshire State Police administer rotating tow lists by location and may separate businesses by truck class. New businesses enter at the bottom based on location and approved services; the director can limit additions when calls do not justify expansion. Police can choose businesses case by case based on equipment, staff, and facilities, while businesses passed over keep their places. For heavy incidents, police can bypass an under-equipped business without changing its place, and choose multiple businesses for large events. The law takes effect 60 days after passage.
Tow businesses face ownership and return rules
A business gets only one place per rotation list and cannot create extra names or entities just to gain places. Ownership changes require reapplication; keeping an acquired business's place requires the application and notices at least 30 days before acquisition. After an owner's death, immediate notice is required, and list status continues only until reapplication is completed or 30 days pass, whichever comes first; failure brings immediate removal without notice. Withdrawal requires prompt written notice, or immediate notice for unexpected events such as death, fire, bankruptcy, or equipment loss. Return normally requires a new application, except after less than 30 days without changes; returning businesses go to the bottom unless absent less than 2 days.
Tow businesses face stricter equipment rules
Businesses must use their own approved, roadworthy equipment; they can get extra resources from another qualified business but cannot otherwise subcontract calls. Trucks must meet legal marking rules and carry class-specific recovery, cleanup, work-lighting, fire, and towing equipment, including motorcycle-capable devices when needed. Amber emergency lights must be visible from three-quarters of a mile and above the towed vehicle; sirens, wig-wag headlights, and other flashing colors are banned. Trucks need at least 40 pounds of absorbent material and an 11-by-23-foot tarpaulin. Class I/II trucks need 10 specified warning devices, Class III needs at least 3, and Class I/II recovery of air-braked vehicles requires an air supply.
Safety and courtesy rules for tow businesses
New Hampshire State Police tow-list businesses must employ only drivers who can work safely, promptly, and courteously. Drivers must also meet applicable state and federal laws and rules. Owners and workers cannot use abusive, disrespectful, deceptive, threatening, or profane conduct with the public, officials, or State Police members. The businesses must cooperate with State Police and its members at all times.
Tow trucks must meet load limits
The law sets three truck classes for State Police towing work. Class I trucks need at least a 54,500-pound weight rating and 50,000-pound combined winch capacity; rotators need a 360-degree boom rated at least 20 tons. Class II trucks need a 33,000-pound rating and 12,000-pound boom, winch, and wheel-lift capacities for tows up to 26,000 pounds. Class III trucks need a 19,000-pound rating and 8,000-pound boom and winch capacities for vehicles weighing no more than 15,000 pounds. Trucks cannot exceed manufacturer weight or towing-assembly limits, or move vehicles whose size or weight makes towing unsafe.
Tow businesses must document and certify compliance
Businesses must document each State Police tow, including call times, vehicle and customer details, destination, release, services, itemized charges, and employee identities and signatures. They must provide receipts and keep them at their principal office for at least one year after payment. Required service records must be kept for two years, covering the current and prior calendar year. Officials can inspect and copy records and examine vehicles, facilities, and equipment during normal business hours; noncooperation triggers a recommendation for action. Businesses must inspect themselves and certify compliance by January 15 each year, under penalty for unsworn falsification.
Towing charges expand with consumer safeguards
The law removes the ban on charging for normal highway cleanup lasting 30 minutes or less. When State Police request a specific or higher truck class, businesses can charge for that class; no fee amount is set. State Police cannot set towing rates or use confidential fee schedules to rank businesses, but businesses must disclose charges and payment methods. Consumers can challenge excessive fees through the Safety Department process or, when that process does not apply, the Justice Department's consumer office. Tow workers cannot put crash debris inside a vehicle that was undamaged in the crash.
Vehicle belongings access requires identification and supervision
Vehicle owners or their authorized agents can enter tow storage areas to collect personal items after showing suitable identification. The tow business supervises the visit, and visitors enter at their own risk. For vehicles stored after a State Police tow, the business must keep a copy of each visitor's identification.
Sponsors & Cosponsors
Sponsor
Bill M. Gannon
Republican • Senate
Cosponsors
Aboul B Khan
Republican • House
Daniel E. Innis
Republican • Senate
JD Bernardy
Republican • House
Mark A Pearson
Republican • House
Melissa A. Litchfield
Affiliation unavailable
Regina Birdsell
Republican • Senate
Tim McGough
Republican • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
II. Remainder Effective 08/31/2026
7/9/2026SenateI. Sections 1-4 Effective 01/01/2027
7/9/2026SenateSigned by the Governor on 07/02/2026; Chapter 274
7/9/2026SenateEnrolled (in recess of) 06/04/2026 HJ 15 P. 45
6/17/2026HouseEnrolled Adopted, VV, (In recess 06/04/2026); SJ 14
6/17/2026SenateSen. Gannon Moved to Concur with the House Amendment, MA, VV; 05/21/2026; SJ 13
5/21/2026SenateOught to Pass with Amendment 2026-1755h: MA VV 05/14/2026 HJ 13 P. 12
5/14/2026HouseAmendment # 2026-1755h: AA VV 05/14/2026 HJ 13 P. 12
5/14/2026HouseCommittee Report: Ought to Pass with Amendment # 2026-1755h (NT) 04/30/2026 (Vote 12-1; CC) HC 19 P. 11
5/6/2026HouseExecutive Session: 04/30/2026 10:00 am GP 159
5/6/2026HousePublic Hearing: 04/30/2026 10:00 am GP 159
4/23/2026HouseReferred to Criminal Justice and Public Safety 04/23/2026 HJ 11 P. 15
4/23/2026HouseOught to Pass with Amendment 2026-1510h: MA VV 04/23/2026 HJ 11 P. 13
4/23/2026HouseAmendment # 2026-1510h: AA VV 04/23/2026 HJ 11 P. 13
4/23/2026HouseCommittee Report: Ought to Pass with Amendment # 2026-1510h (NT) 04/14/2026 (Vote 15-0; CC)
4/15/2026HouseExecutive Session: 04/14/2026 01:00 pm GP 234
4/7/2026HousePublic Hearing: 04/14/2026 11:00 am GP 234
4/7/2026HouseIntroduced (in recess of) 03/26/2026 and referred to Transportation HJ 9 P. 55
3/27/2026HouseOught to Pass with Amendment #2026-1218s, MA, VV; OT3rdg; 03/26/2026; SJ 7
3/23/2026SenateCommittee Amendment # 2026-1218s, AA, VV; 03/26/2026; SJ 7
3/23/2026SenateCommittee Report: Ought to Pass with Amendment # 2026-1218s, 03/26/2026; Vote 4-0; CC; SC 11
3/18/2026SenateHearing: 03/03/2026, Room 100, SH, 01:45 pm; SC 8
2/24/2026SenateIntroduced 01/07/2026 and Referred to Judiciary; SJ 1
11/25/2025Senate
Bill Text
Enrolled
6/17/2026
Introduced
11/25/2025
CHAPTERED FINAL VERSION
Version adopted by both bodies
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