CHAPTER Saf-C
9400 STATE POLICE TOW LIST
Statutory Authority: RSA 106-B:27, IV
PART SAF-C 9401 SCOPE
Saf-C 9401.01 Applicability.
This chapter applies to all wreckers, tow business, and emergency road service organizations
who wish to be on the division of state police tow list pursuant to RSA
106-B:26 et. seq, and these rules.
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PART Saf-C 9402 DEFINITIONS
Saf-C 9402.01
Commissioner means the commissioner of the New Hampshire department of
safety or designee.
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Saf-C 9402.02 Department
means the department of safety.
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Saf-C 9402.03 Designee
of the department of safety or agent of the department of safety shall mean
a person who has been designated by the commissioner or the colonel.
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Saf-C 9402.04 Director
means the director of the division of state police within the department of
safety or designee. This term includes colonel.
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Saf-C 9402.05
Division means the division of state police as set forth in RSA
21-P:7.
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Saf-C
9402.06 Heavy duty wrecker means
heavy duty wrecker as defined in RSA 106-B:28, I.
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Saf-C 9402.07
Light /medium duty wrecker means light/medium duty wrecker as defined in
RSA 106-B-28, II.
Source. #13550,
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Saf-C 9402.08 Recovery vehicle means a recovery vehicle
as defined in RSA 106-B:28, III.
Source. #13550,
EMERGENCY RULE, eff 1-31-23, EXPIRES: 7-30-23; ss by #13653, eff 5-26-23
Saf-C 9402.09
Rollback carrier means rollback carrier as defined in RSA 106-B:28,
IV
Source. #13550,
EMERGENCY RULE, eff 1-31-23, EXPIRES: 7-30-23; ss by #13653, eff 5-26-23
Saf-C
9402.10 "Tow business" means
tow business as defined in RSA 106-B:28, V.
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Saf-C 9402.11
"Tow list" means tow list as defined in RSA 106-B:28, VI.
Source. #13550,
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Saf-C 9402.12
Vehicle storage area means vehicle storage area as defined in RSA
106-B:28, VII.
Source. #13550,
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Saf-C
9402.13 Wrecker means wrecker as
defined in RSA 106-B:28, VIII.
Source. #13550,
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PART SaF-C 9403 USE OF
TOW LIST
Saf-C 9403.01 Use
of Tow List. In the event the
division seeks to tow or remove any vehicle, whenever practicable, the tow
business responsible for such towing or removal shall be chosen from a tow list
in accordance with RSA 106-B:26 et seq., and this chapter.
Source. #13550,
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Saf-C 9403.02 Tow
Lists.
(a) The division shall maintain separate tow lists
by town for each of the following categories of wreckers:
(1) Light/medium
duty;
(2) Heavy duty;
and
(3) Emergency
road service.
(b) A tow business, authorized by these rules and
applicable statutes, shall appear only once on each tow list, under the name of
the business submitted at the time of application.
(c) Pursuant to RSA 106-B:27, III, the tow list
shall include notations identifying businesses that maintain recovery vehicles
or any other specialized equipment, as identified by the tow business in their
application.
Source. #13550,
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PART Saf-C 9404
APPLICATIONS FOR PLACEMENT ON TOW LIST
Saf-C 9404.01 Tow
Business Application.
(a) Any tow business owner that wishes for their
tow business to be placed on the tow list is subject to the requirements for
placement as described in RSA 106-B:30 and shall complete and submit form DSSP
455, New Hampshire Tow List Tow Business Application, revised 1/2023 by email
to nhsptowlist@dos.nh.gov, or by mail to the following address:
New Hampshire State Police
ATTN: State Police
Communications Commander
33 Hazen Drive
Concord, N.H. 03305.
(b) The tow business shall also submit the
following documentation with form DSSP 455, as revised 01/2023:
(1) Proof of
current tow and hook, liability, and garage-keepers liability insurance as set
forth in RSA 106-B:30, XVI;
(2) A copy of
the current New Hampshire certificate of good standing from the secretary of
state;
(3) A copy of
the current federal motor carrier safety administrations registration, as
applicable;
(4) Current
list of all rates for services the tow business performs related to towing and
storage of vehicles on business letterhead;
(5) A completed
form DSSP 456, New Hampshire Tow List Personnel Roster, revised 01/2023; and,
(6) A completed
form DSSP 457, New Hampshire Tow List - Individual, revised 01/2023, for each
tow truck operator, owner and manager of the business, and any supervisors of
the tow business.
(c) The DSSP 455 application shall be signed by
the tow business owner under the penalties of unsworn falsification pursuant to
RSA 641:3. By signing the DSSP 455, New Hampshire Tow List Tow Business
Application, revised 01/2023, the signatory is certifying that:
(1) The
information on the application and attachments is true and accurate; and
(2) The
applicant shall comply with all applicable federal and state laws, rules, and
regulations.
Source. #13550,
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Saf-C 9404.02 Individual
Form, DSSP 457.
(a) Pursuant to Saf-C 9404.01(b)(6),
every application by a tow business to be placed on the divisions tow list,
shall be accompanied with a completed DSSP 457, New Hampshire Tow List
Individual, revised 01/2023 for each of the businesses:
(1) Tow truck
operator;
(2) Tow
business owner;
(3) Tow
business manager; and
(4) Tow
business supervisor.
(b) The DSSP 457 form, revised 01/2023, shall be
completed by the individual operator, owner, manager or supervisor and signed
by the individual under penalties of unsworn falsification pursuant to RSA
641:3. By signing the DSSP 457, New
Hampshire Tow List Individual, revised 01/2023, the signatory is certifying
that the information on the application is true and accurate.
Source. #13550,
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Saf-C
9404.03 Review of Applications.
(a)
All tow business applications shall be reviewed by the division in
accordance with RSA 541-A:29.
(b)
Applicants shall be notified of any apparent errors or omissions and allowed
to resubmit the application forms to the division.
(c)
In the event an applicant fails to comply with applicable statutes or
rules, the application shall not be processed and the applicant shall be
notified of the reason(s) for the rejection.
Source. #13550,
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Saf-C
9404.04 Authorization for Placement
on Tow List.
(a)
A tow business shall be placed on the division tow list by town when the
applicant:
(1) Submits a completed application, in
accordance with RSA 106-B:30 and these rules;
(2) Meets the requirements for placement pursuant
to RSA 106-B:30; and
(3) Is not disqualified by any of the
requirements to remain on the tow list pursuant to RSA 106-B:31.
(b) Pursuant to RSA 106-B:29, IV, placement on the tow list
shall be by order of application and a
new tow business, when authorized, shall be placed on the bottom of the
applicable tow list.
Source. #13550,
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PART Saf-C 9405 MISCELLANEOUS
Saf-C 9405.01 Annual
Certification.
(a) An owner of a tow business on the division tow list shall complete and
submit form DSSP 458, New Hampshire State Police Tow List Annual
Certification, revised 01/2023, on or before January 15 of each year.
(b) The owner shall sign the completed DSSP 458,
revised 01/2023 under penalty for unsworn falsification pursuant to RSA
641:3. By doing so, the signatory shall
certify that it has conducted an internal inspection of the tow business and
its employees and that the business is in compliance with the provisions of RSA
106-B:26 et. seq. and these rules.
(c) The DSSP 458, revised 01/2023, may be
submitted by email at nhsptowlist@dos.nh.gov, or by mail to the following address:
New Hampshire State Police
ATTN: State Police Communications Commander
33 Hazen Drive
Concord, N.H. 03305.
Source. #13550,
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Saf-C
9504.02 Change in Ownership of
Business.
(a)
Pursuant to RSA 106-B:30, in the event the tow business ownership
changes, the tow business shall submit a new application pursuant to Saf-C 9404 and receive approval prior to the effective date
of the change of ownership. If the tow business fails to obtain approval prior
to the effective date of the change of ownership, the tow business shall be
removed from the divisions tow list.
(b)
Written notification may be made by email at nhsptowlist@dos.nh.gov, or by mail
to the following address:
New Hampshire
State Police
ATTN: State
Police Communications Commander
33 Hazen
Drive
Concord, N.H.
03305.
Source. #13550,
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Saf-C 9405.03 Change
of Tow Business Operator, Manager or
Supervisor.
(a) Pursuant to RSA 106-B:30, V, when a tow truck
operator, manager or supervisor ceases employment at the tow business, the tow
business shall notify the division in writing within 10 days and include an
updated application form, DSSP 455, New
Hampshire Tow List Tow Business Application, revised 01/2023, and form DSSP 456, New Hampshire Tow List
Personnel Roster, revised 01/2023 only.
(b) If the tow business hires a new tow truck
operator, manager or supervisor, the tow business shall notify the division in
writing within 10 days and include an application:
(1) Form, DSSP
455, New Hampshire Tow List Tow Business Application, revised 01/2023;
(2) Form DSSP
456, New Hampshire Tow List Personnel Roster, revised 01/2023; and
(3) Form DSSP
457, New Hampshire Tow List Individual, revised 01/2023.
(c) Written notification may be made by email at
nhsptowlist@dos.nh.gov, or by mail to the following address:
New Hampshire State Police
ATTN: State Police Communications Commander
33 Hazen Drive
Concord, N.H. 03305.
Source. #13550,
EMERGENCY RULE, eff 1-31-23, EXPIRES: 7-30-23; ss by #13653, eff 5-26-23
Saf-C 9405.04 Change
of Rates for Services.
(a) Pursuant to RSA 106-B:30, XVIII, when a tow
business changes the rates for services it performs related to towing and
storage of vehicles, it shall provide written notification to the division on
the business letterhead and shall provide the division the current list of
charges within 10 days of the price change.
(b) Written notification may be made by email at
nhsptowlist@dos.nh.gov, or by mail to the following address:
New Hampshire State Police
ATTN: State Police Communications Commander
33 Hazen Drive
Concord, N.H. 03305.
Source.
#13550, EMERGENCY RULE, eff
1-31-23, EXPIRES: 7-30-23; ss by #13653, eff 5-26-23
Saf-C 9405.05 Other Reporting Requirements.
(a)
A tow business shall provide written notification to the division within
10 days if:
(1) The tow business tow and hook, liability,
and garage-keepers liability insurance is suspended or revoked;
(2) The tow business is no longer in good
standing with the New Hampshire secretary of state; or
(3) The tow business federal motor carrier
safety administrations registration is suspended or revoked.
(b)
Written notification may be made by email at nhsptowlist@dos.nh.gov, or by mail
to the following address:
New Hampshire
State Police
ATTN: State
Police Communications Commander
33 Hazen
Drive
Concord, N.H.
03305.
Source. #13550,
EMERGENCY RULE, eff 1-31-23, EXPIRES: 7-30-23; ss by #13653, eff 5-26-23
Saf-C 9405.06 Recordkeeping
Requirements.
(a) Tow businesses shall maintain all records
required by law.
(b) The retention period for records required to
be maintained pursuant to RSA 106-B:31, VI and RSA 106-B:32 shall be the year
the record was made and full year beyond.
(c) All records and equipment required to be
maintained by the tow business shall be made open to the inspection of the
designee of the department during normal business hours.
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PART Saf-C 9406
NON-COMPLIANCE
Saf-C 9406.01 Disciplinary
Action.
(a) If a tow business or tow operator is found to
be in violation of RSA 106-B:26 et seq., these rules, or any other relevant
laws and regulations, the colonel shall resolve the violation of the tow
business or operator in one of the following ways:
(1) No action;
(2) Verbal
reprimand;
(3) Written
reprimand;
(4) Suspension
from the tow list for a period not to exceed 120 days; or
(5) Removal
from the tow list for a period not to exceed 2 years.
(b) In deciding whether to impose disciplinary
action and in imposing the level or duration of disciplinary action against the
business or operator, the colonel shall consider the factors in (c) below in order to ensure the integrity and efficiency of the tow
list and the duties and responsibilities of those authorized to be on the tow
list.
(c) The colonel shall consider the following
factors in determining the appropriate disciplinary action:
(1) The
seriousness of the offense or noncompliance;
(2) Prior
disciplinary record;
(3) Willingness
to cooperate with the division;
(4) Evidence of
deliberate noncompliance;
(5) The
potential or resulting harm to the motoring public; and
(6) Any
mitigating or extenuating circumstances.
(b) Pursuant to RSA 106-B:31, XIV, prior to being
removed from the tow list for disciplinary reasons, the division shall send
written notice of intent describing the reasons, and notification that the tow
business or tow operator may request a hearing, pursuant to Saf-C
9407.
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PART Saf-C
9407 HEARINGS
Saf-C 9407.01 Hearings.
(a) Any tow business denied authorization may
request a hearing with the bureau of hearings.
(b) A tow business may appeal any disciplinary
action by the division to the bureau of hearings, pursuant to RSA 106-B:31, XIV
or RSA 106-B:34.
(c) Any request for a hearing shall be made to:
Department of Safety
ATTN: Bureau of Hearings
33 Hazen Drive
Concord, NH 03305
(d) All administrative hearings shall be
conducted in accordance with the provisions of Saf-C
200.
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#13550, EMERGENCY RULE, eff
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Saf-C 9407.02 Appeals. Any appeal of a removal or disciplinary
action hearing may be appealed to the superior court pursuant to RSA 106-B:31,
XIV.
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PART Saf-C
9408 HEARINGS TO CONTEST VEHICLE REMOVAL
Saf-C 9408.01 Scope. This part
allows an individual, whose vehicle has been removed from its location and
stored at another by an authorized official, to request a hearing to contest
the removal.
Source.
#13653, eff 5-26-23 (formerly Saf-C 216.01)
Saf-C 9408.02 Definition.
(a) Authorized official means
any police employee of the division of state police or authorized employee of
the department.
Source.
#13653, eff 5-26-23 (formerly Saf-C 216.02)
Saf-C 9408.03 Form of
Request for Hearing.
(a) Each request for a hearing
shall be in writing and contain the following information:
(1) Name, address, and telephone
number of person requesting the hearing;
(2) Make and registration of
vehicle in question;
(3) Date and time vehicle was
removed from its location;
(4) Location of vehicle after removal;
(5) Name of authorized officer
involved, if known; and
(6) Reason for contesting the
removal.
(b) All requests for hearings
shall be addressed to:
Department of Safety
ATTN: Bureau of Hearings
33 Hazen Drive
Concord, NH 03305
Source.
#13653, eff 5-26-23 (formerly Saf-C 216.03)
Saf-C 9408.04 Time of Request. All
requests for hearing shall be received within 15 days of the towing and
impoundment.
Source.
#13653, eff 5-26-23 (formerly Saf-C 216.04)
APPENDIX
|
Rule |
Specific
Law the Rule Implements |
|
Saf-C 9401.01 |
RSA 106-B:26 |
|
Saf-C 9402.01 |
RSA
541-A:7 |
|
Saf-C 9402.02 |
RSA
541-A:7 |
|
Saf-C 9402.03 |
RSA
541-A:7 |
|
Saf-C 9402.04 |
RSA
541-A:7 |
|
Saf-C 9402.05 |
RSA 541-A:7 |
|
Saf-C 9402.06 |
RSA 106-B:28, I |
|
Saf-C 9402.07 |
RSA 106-B:28, II |
|
Saf-C 9402.08 |
RSA 106-B:28, III |
|
Saf-C 9402.09 |
RSA 106-B:28, IV |
|
Saf-C 9402.10 |
RSA 106-B:28, V |
|
Saf-C 9402.11 |
RSA 106-B:28, VI |
|
Saf-C 9402.12 |
RSA 106-B:28, VII |
|
Saf-C 9402.13 |
RSA 106-B:28, VIII |
|
Saf-C 9403 |
RSA 106-B:27 |
|
Saf-C 9404.01 |
RSA 106-B:30 and RSA
541-A:19-b |
|
Saf-C 9404.02 |
RSA 106-B:30, III and RSA
541-A:19-b |
|
Saf-C 9404.03 |
RSA 541-A:29 |
|
Saf-C 9404.04 |
RSA 106-B:29, IV and RSA
106-B:30 |
|
Saf-C 9405.01 |
RSA 106-B:31, XII |
|
Saf-C 9405.02 |
RSA 106-B:30, VI |
|
Saf-C 9405.03 |
RSA 106-B:30, V |
|
Saf-C 9405.04 |
RSA 106-B:30, XVIII |
|
Saf-C 9405.05 |
RSA 106-B:30 |
|
Saf-C 9405.06 |
RSA 106-B:31, VI and RSA
106-B:32 |
|
Saf-C 9406 |
RSA 106-B:31, XIII; RSA
106-B:34 |
|
Saf-C 9407 |
RSA 106-B:31, XIV and RSA 106-B:34 |
|
Saf-C 9408.01 and Saf-C 9408.02 |
RSA 541-A:7 |
|
Saf-C 9408.03 and Saf-C 9408.04 |
RSA 262:33 |