Federal law and towing rules
Dan's City Used Cars v. Pelkey
In brief
The Supreme Court left New Hampshire’s ruling in place: this federal law does not block Pelkey’s state-law claims about storing and disposing of his car.
- Where it stands
- Decided
Decided · May 13, 2013 · Opinion by Justice Ginsburg
- What it’s about
- After Dan’s City towed Robert Pelkey’s car, Pelkey claimed the company violated New Hampshire rules in storing and disposing of it.
- Who it affects
- For people bringing state-law claims over a towed vehicle’s storage or disposal, Section 14501(c)(1) is not a bar.
Summary: written with AI from the case record.

What it's about
The Supreme Court agreed with New Hampshire’s highest court that federal law does not override (preempt) state-law claims about a towed car’s storage and disposal.
Dan’s City auctioned Pelkey’s car despite his notice that he wanted to reclaim it; the car was eventually traded.
The case concerned Section 14501(c)(1) of the Federal Aviation Administration Authorization Act of 1994 and New Hampshire rules for selling and disposing of towed vehicles.
Question presented
Are state law claims against a tow-motor carrier based on state law regulating the sale and disposal of a towed vehicle preempted by the Federal Aviation Administration Authorization Act of 1994?
What the Court decided
Holding
Section 14501(c)(1) does not preempt state-law claims stemming from the storage and disposal of a towed vehicle. 163 N. H. 483, 44 A. 3d 480, affirmed.
- Result
- Affirmed
The vote
- Majority author
- Ruth Bader Ginsburg
What's next
The New Hampshire ruling remains in place. The Supreme Court resolved whether this federal law blocks the claims, not whether Dan’s City violated New Hampshire rules.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Pelkey
Opinion added: Pelkey
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.