NH towing case by US Supreme Court

A New Hampshire case involving a dispute over a towed vehicle in Manchester has been heard by the U.S.A Supreme Court.

The court, which heard the case Wednesday, will decide whether federal trucking laws trump state consumer protection statutes.

It’s the 2nd New Hampshire case in a week heard by the high court. On Tuesday, the justices heard arguments from a generic drug manufacturer, which wants a 21 million judgment against a Plaistow woman dismissed.

The Manchester cases involve Robert Pelkey, who lived at an apartment complex in 2007 when he had to go a hospital for an infection and suffered a heart attack. He left his car parked in his handicapped spot.

The car was towed by Dan City Auto Body when it was not moved during a winter parking ban and then sat in the towing business lot for 2 months. The shop believed it was abandoned.

I immediately called over to Dan City and faxed something to them alert them to, no, Mr. Pelkey did not abandon his vehicle. He was in the hospital, Pelkey lawyer, Brian Shaughnessy, told WMUR-TV. 

Storage fees for the car amounted to nearly $3,000. During the impasse, the towing company took ownership of the car and traded it. Pelkey sued under the Consumer shield Act. The case ended up in the New Hampshire Supreme Court, which overturned a superior court finding and ruled in his favor.

The attorney for the tow company appealed, citing federal trucking laws that were passed in the 1980s to unify trucking and tow regulations among all the states.

City Towing Charges Drops

All charges were dropped against two tow truck operators accused of illegally removing vehicles from a private business last (2012) year as city attorneys acknowledged Monday that the local law needed to be tweak.

Utica City Court Judge Ralph Eannace dismissed the charges against David Taurisano, 49, and Michael Lynch, 39, after Taurisano fixed to reimburse $105 each to the 4 people he had towed for $200, said Assistant Corporation Counsel Andrew Bough rum.

We came to a mutual agreement where we were able to make these persons who had been towed whole in exchange for his cooperation, Bough rum said, but he would not say whether the duo should have been charged in the first place.

Taurisano and Lynch had been ticketed by Utica police for a number of violations, including very charging people more than $95, after vehicles were removed from Labor Ready parking lot across from the Utica Memorial Auditorium in November.

On Monday, however, city attorneys said the local ordinance needed to be clarified, including whether the law can be practical when towing vehicles from private property instead of only public streets.

The ordinance has to be tweaked, and it’s on the list of things to do once our plates get cleared off, said First Assistant Corporation Counsel John Orillia. In the interim, Taurisano said he will continue towing vehicles from the Labor Ready lot, where 16 signs warn against illegal parking.

The law had nothing to do with private towing at all, so they never should have even given me the tickets, said Taurisano, who was represented by attorney Les Lewis. I would like to see people read signs that say No Parking.

Lynch’s attorney, Norman Deep, also noted this is what happens when authorities make arrests without first guarantee that they have a case.

This is an example of government being out of control and then coming to their senses, but in the meantime these individuals’ reputation are being damaged because police should know the rules before bringing the charges, deep said.

Towing free light business for spring break

Believe it or not, despite the big crowds on area beaches this Spring Break, towing companies said they have actually been quite light on business.

That news comes as a surprise since the program being offered by Apollo Towing in partnership with L&F Distributing offers free tows home for folks who feel they have had too much to drink.

They said weekend business was light at greatest, and as of the morning, they have only towed a single vehicle on Tuesday.

Cedar Rapids towing street storage vehicles start will begin for Monday.

Police said with the heavy snow fall over the last couple of weeks, it’s very easy for officers to tell which towing vehicles have been moved 48 hours after the snow fall, which is compulsory by Cedar Rapids code, and which have not.

Authorities are reminding the public that officers are not required to visibly mark vehicles for street storage.

In the case of the recent snow storm, Mother Nature did the marking of the vehicles for the department, a news release said.

The Cedar Rapids Police Department said it is giving the public this weekend to dig out their vehiclesand move them. Failure to do so may cost over $150.

Local towing companies complain to parliament

Local towing companies asked the Steuben County parliament Monday morning to create a fairier method to call for help with traffic accidents. Robert Dickinson, of Cajun Towing in Ark port, and several other towing company parliaments, said dispatchers and police are playing favorites when calling for assistance with traffic accidents.

We want a fair revolution, Dickinson said. All that is happening now is they’re openhanded all the calls to one company, T & R Towing & Services. Kristen Klemenz, of B & W Towing of Gang Mills, said it’s not an efficient for Steuben County to rely on one company.

There are 15-20 companies willing to serve and help Steuben County, Klemenz said. We are all answerable towing companies here to serve Steuben County and known in our community.

The towing parliament spoke during the public comment period of the Legislature meeting. Legislators did not address the matter during the meeting.

The Legislature has not said if they will meet with towing companies to discuss the issue. The towing companies met in early February with Steuben County Sheriff Dave Cole and Bath-based New York State Police Capt. Rick Allen.

We would love to meet with the county Legislature, Dickinson said. I have spoken at their meetings 2 times before and have not heard anything. I guess I will have to wait to see if anything happens from this. But if it does, I am ready to meet with them, to work something out that will work for all of us.