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Senate File 339 - IntroducedA Bill ForAn Act 1relating to damages owed by a party at fault in crashes
2and collisions involving commercial motor vehicles.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.274 Crashes and collisions
2involving commercial motor vehicles — damages.
31. a. The party responsible who is at fault and causes
4damage to a commercial motor vehicle in a crash or collision
5shall, if the person is not the owner or operator of the
6damaged commercial motor vehicle, and if requested by such
7owner or operator, arrange for and pay the costs associated
8with the provision of a like replacement commercial motor
9vehicle to be delivered to the owner or operator of the damaged
10commercial motor vehicle without unnecessary delay. The like
11replacement commercial motor vehicle shall be provided by the
12party responsible until the required repairs to the damaged
13commercial motor vehicle are completed and the vehicle is ready
14to be fully put back into service.
15b. The party responsible who fails to comply with paragraph
16“a” shall reimburse the owner or operator of the damaged
17commercial motor vehicle for the costs incurred by the owner or
18operator to obtain a like replacement commercial motor vehicle,
19including but not limited to rental charges, to use until the
20required repairs to the damaged commercial motor vehicle are
21completed or the damaged commercial motor vehicle is placed
22back into service by the owner or operator, whichever occurs
23first.
242. The party responsible who is at fault and causes damage
25to a commercial motor vehicle in a crash or collision shall,
26if the party responsible is not the owner or operator of the
27damaged commercial motor vehicle, compensate the owner or
28operator of the damaged commercial motor vehicle for each day
29the owner or operator is unable to operate the commercial
30motor vehicle, or a like replacement vehicle provided by the
31person at fault, as a result of the crash or collision. The
32compensation shall be equal to the average of revenue the owner
33or operator received for each day the commercial motor vehicle
34was in service based on the previous thirty in-service days
35prior to the crash or collision.
-1- 13. The owner or operator of a damaged commercial motor
2vehicle may waive the requirements of subsection 1. If so
3waived, the person party responsible who is at fault shall
4comply with subsection 2.
54. Notwithstanding section 668.3, subsection 1, the
6recovery under this section of an owner or operator of a
7damaged commercial motor vehicle shall not be diminished due to
8the contributory fault of the owner or operator.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to damages owed by a party at fault in
13crashes and collisions involving commercial motor vehicles
14(CMVs).
15The bill requires a party responsible who is at fault in a
16crash or collision involving a CMV to arrange for and pay the
17costs associated with the provision of a like replacement CMV
18to be delivered to the owner or operator of the damaged CMV,
19if requested by such owner or operator, without unnecessary
20delay. The like replacement CMV must be provided by the person
21at fault until the required repairs to the damaged CMV are
22completed or the damaged CMV is ready to be fully put back into
23service, whichever occurs first. A party responsible who fails
24to arrange and provide a like replacement CMV must reimburse
25the owner or operator of the damaged CMV for the costs incurred
26by the owner or operator to obtain a like replacement CMV,
27including but not limited to rental charges, to use until
28the required repairs to the damaged CMV are completed or
29the damaged CMV is placed back into service by the owner or
30operator, whichever occurs first.
31The bill requires a party responsible who is at fault and
32causes damage to a CMV in a crash or collision to compensate
33the owner or operator of the damaged CMV for each day the owner
34or operator is unable to operate the CMV, or a like replacement
35CMV provided by the person at fault, as a result of the crash or
-2-1collision. The compensation must equal the average of revenue
2the owner or operator received for each day the CMV was in
3service based on the previous 30 in-service days.
4The bill authorizes the owner or operator of a damaged CMV to
5waive the provisions requiring a party responsible to provide a
6like replacement CMV. If so waived, the party responsible who
7is at fault is not required to provide a like replacement CMV
8but must compensate the owner or operator of the damaged CMV as
9required under the bill.
10Under current law, any damages for fault resulting in injury
11to property must be diminished in proportion to the amount of
12fault attributable to the claimant. Such comparative fault
13considerations do not apply to the bill.
-3-th/ns
2and collisions involving commercial motor vehicles.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.274 Crashes and collisions
2involving commercial motor vehicles — damages.
31. a. The party responsible who is at fault and causes
4damage to a commercial motor vehicle in a crash or collision
5shall, if the person is not the owner or operator of the
6damaged commercial motor vehicle, and if requested by such
7owner or operator, arrange for and pay the costs associated
8with the provision of a like replacement commercial motor
9vehicle to be delivered to the owner or operator of the damaged
10commercial motor vehicle without unnecessary delay. The like
11replacement commercial motor vehicle shall be provided by the
12party responsible until the required repairs to the damaged
13commercial motor vehicle are completed and the vehicle is ready
14to be fully put back into service.
15b. The party responsible who fails to comply with paragraph
16“a” shall reimburse the owner or operator of the damaged
17commercial motor vehicle for the costs incurred by the owner or
18operator to obtain a like replacement commercial motor vehicle,
19including but not limited to rental charges, to use until the
20required repairs to the damaged commercial motor vehicle are
21completed or the damaged commercial motor vehicle is placed
22back into service by the owner or operator, whichever occurs
23first.
242. The party responsible who is at fault and causes damage
25to a commercial motor vehicle in a crash or collision shall,
26if the party responsible is not the owner or operator of the
27damaged commercial motor vehicle, compensate the owner or
28operator of the damaged commercial motor vehicle for each day
29the owner or operator is unable to operate the commercial
30motor vehicle, or a like replacement vehicle provided by the
31person at fault, as a result of the crash or collision. The
32compensation shall be equal to the average of revenue the owner
33or operator received for each day the commercial motor vehicle
34was in service based on the previous thirty in-service days
35prior to the crash or collision.
-1- 13. The owner or operator of a damaged commercial motor
2vehicle may waive the requirements of subsection 1. If so
3waived, the person party responsible who is at fault shall
4comply with subsection 2.
54. Notwithstanding section 668.3, subsection 1, the
6recovery under this section of an owner or operator of a
7damaged commercial motor vehicle shall not be diminished due to
8the contributory fault of the owner or operator.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to damages owed by a party at fault in
13crashes and collisions involving commercial motor vehicles
14(CMVs).
15The bill requires a party responsible who is at fault in a
16crash or collision involving a CMV to arrange for and pay the
17costs associated with the provision of a like replacement CMV
18to be delivered to the owner or operator of the damaged CMV,
19if requested by such owner or operator, without unnecessary
20delay. The like replacement CMV must be provided by the person
21at fault until the required repairs to the damaged CMV are
22completed or the damaged CMV is ready to be fully put back into
23service, whichever occurs first. A party responsible who fails
24to arrange and provide a like replacement CMV must reimburse
25the owner or operator of the damaged CMV for the costs incurred
26by the owner or operator to obtain a like replacement CMV,
27including but not limited to rental charges, to use until
28the required repairs to the damaged CMV are completed or
29the damaged CMV is placed back into service by the owner or
30operator, whichever occurs first.
31The bill requires a party responsible who is at fault and
32causes damage to a CMV in a crash or collision to compensate
33the owner or operator of the damaged CMV for each day the owner
34or operator is unable to operate the CMV, or a like replacement
35CMV provided by the person at fault, as a result of the crash or
-2-1collision. The compensation must equal the average of revenue
2the owner or operator received for each day the CMV was in
3service based on the previous 30 in-service days.
4The bill authorizes the owner or operator of a damaged CMV to
5waive the provisions requiring a party responsible to provide a
6like replacement CMV. If so waived, the party responsible who
7is at fault is not required to provide a like replacement CMV
8but must compensate the owner or operator of the damaged CMV as
9required under the bill.
10Under current law, any damages for fault resulting in injury
11to property must be diminished in proportion to the amount of
12fault attributable to the claimant. Such comparative fault
13considerations do not apply to the bill.
-3-th/ns