RSA 106-B:27 · State Police; Use of Tow List

106-B:27 State Police; Use of Tow List. –

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I.

In the event the division of state police seeks to tow or remove any vehicle pursuant to applicable laws and rules, whenever practicable the tow company responsible for such towing or removal shall be chosen from a tow list in accordance with this subdivision.

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II.

To facilitate the timely and effective towing and removal of vehicles pursuant to this subdivision, the division of state police is authorized to develop and maintain a rotating list of qualified tow services within each geographical troop. Where long distances could cause unreasonably long wrecker response times, the director of state police or designee may authorize a separate rotation list by county or group of municipalities within a troop. The director from time to time may enlarge or shrink an area if necessary, to ensure an adequate number of qualified tow businesses to handle the call workload and travel distances involved, and shall review the lists periodically to ensure that needs are being met. The list may be further segmented to distinguish between heavy and light/medium duty wreckers, recovery vehicles, rollback carriers and other specialized equipment.

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III.

Rotation lists shall include notations identifying tow businesses that maintain heavy duty wreckers, heavy duty recovery vehicles, and recovery vehicles, and whenever there is a specific, identified need for one of those vehicles it shall be summoned from the rotating list in the order in which it appears. Nothing herein shall prevent a tow business on a tow list from responding to a call with a larger, heavier, or more sophisticatedly equipped vehicle where only a lighter wrecker is required, provided the tow business does not exceed its normal charge for a lighter duty wrecker.

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IV.

The director of state police with the approval of the commissioner of safety may adopt rules pursuant to RSA 541-A consistent with relevant provisions of this subdivision setting forth minimum qualifications of tow companies and their employees to participate in the state police tow list, including qualifications, training, and minimum standards for equipment, response times, storage and release of towed vehicles and their contents, and criminal history and motor vehicle record checks of tow truck drivers.

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V.

State troopers handling an incident shall not call a tow business that, in their opinion, lacks a vehicle of sufficient size and equipment for a particular job. Under such conditions a tow business not called shall retain its position on the rotation list.

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VI.

Whenever a desired tow business is unable to respond to a call in a timely manner with the proper equipment, the tow business next on the rotation list shall be called.

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VII.

Tow businesses may also be called for service, such as for fuel, tire changes, dead battery, and removal of disabled, stolen, or abandoned vehicles according to placement on the appropriate rotation list and shall have a service vehicle suitably equipped and personnel capable of handling the assignment. Source. 2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021.

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