Senate File 2259 - Introduced SENATE FILE 2259 BY DICKEY A BILL FOR An Act relating to damages owed by a person at fault in crashes 1 and collisions involving commercial motor vehicles. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5163XS (2) 89 th/ns

S.F. 2259 Section 1. NEW SECTION . 321.274 Crashes and collisions 1 involving commercial motor vehicles —— damages. 2 1. a. In the event of a crash or collision resulting in 3 damage to a commercial motor vehicle, the person at fault 4 shall, if the person is not the owner or operator of the 5 damaged commercial motor vehicle, arrange for and pay the 6 costs associated with the provision of a suitable replacement 7 commercial motor vehicle to be delivered to the owner or 8 operator of the damaged commercial motor vehicle without 9 unnecessary delay. The suitable replacement commercial motor 10 vehicle shall be provided by the person at fault until the 11 required repairs to the damaged commercial motor vehicle are 12 completed or the damaged commercial motor vehicle is placed 13 back into service by the owner or operator, whichever occurs 14 first. 15 b. A person who fails to comply with paragraph “a” shall 16 reimburse the owner or operator of the damaged commercial 17 motor vehicle for the costs incurred by the owner or operator 18 to obtain a suitable replacement commercial motor vehicle, 19 including but not limited to rental charges, to use until the 20 required repairs to the damaged commercial motor vehicle are 21 completed or the damaged commercial motor vehicle is placed 22 back into service by the owner or operator, whichever occurs 23 first. 24 2. A person who is at fault and causes damage to a 25 commercial motor vehicle in a crash or collision shall, if the 26 person is not the owner or operator of the damaged commercial 27 motor vehicle, compensate the owner or operator of the damaged 28 commercial motor vehicle for each day the owner or operator is 29 unable to operate the commercial motor vehicle, or a suitable 30 replacement vehicle provided by the person at fault, as a 31 result of the crash or collision. The compensation shall be 32 equal to the mean average net revenue the owner or operator 33 received for each day the commercial motor vehicle was in 34 service based on the previous thirty in-service days prior to 35 -1- LSB 5163XS (2) 89 th/ns 1/ 3

S.F. 2259 the crash or collision. 1 3. Notwithstanding section 668.3, subsection 1, the 2 recovery under this section of an owner or operator of a 3 damaged commercial motor vehicle shall not be diminished due to 4 the contributory fault of the owner or operator. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to damages owed by a person at fault in 9 crashes and collisions involving commercial motor vehicles. 10 The bill requires a person at fault in a crash or collision 11 involving a commercial motor vehicle (CMV) to arrange for and 12 pay the costs associated with the provision of a suitable 13 replacement CMV to be delivered to the owner or operator of 14 the damaged CMV without unnecessary delay. The suitable 15 replacement CMV must be provided by the person at fault 16 until the required repairs to the damaged CMV are completed 17 or the damaged CMV is placed back into service by the owner 18 or operator, whichever occurs first. A person who fails to 19 arrange and provide a suitable replacement CMV must reimburse 20 the owner or operator of the damaged CMV for the costs incurred 21 by the owner or operator to obtain a suitable replacement CMV, 22 including but not limited to rental charges, to use until 23 the required repairs to the damaged CMV are completed or 24 the damaged CMV is placed back into service by the owner or 25 operator, whichever occurs first. 26 The bill requires a person who is at fault and causes damage 27 to a CMV in a crash or collision to compensate the owner or 28 operator of the damaged CMV for each day the owner or operator 29 is unable to operate the CMV, or a suitable replacement CMV 30 provided by the person at fault, as a result of the crash or 31 collision. The compensation must equal the mean average net 32 revenue the owner or operator received for each day the CMV was 33 in service based on the previous 30 in-service days. 34 Under current law, any damages for fault resulting in injury 35 -2- LSB 5163XS (2) 89 th/ns 2/ 3

S.F. 2259 to property must be diminished in proportion to the amount of 1 fault attributable to the claimant. Such comparative fault 2 considerations do not apply to the bill. 3 -3- LSB 5163XS (2) 89 th/ns 3/ 3