S.F. 339 Section 1. NEW SECTION . 321.274 Crashes and collisions 1 involving commercial motor vehicles —— damages. 2 1. a. The party responsible who is at fault and causes 3 damage to a commercial motor vehicle in a crash or collision 4 shall, if the person is not the owner or operator of the 5 damaged commercial motor vehicle, and if requested by such 6 owner or operator, arrange for and pay the costs associated 7 with the provision of a like replacement commercial motor 8 vehicle to be delivered to the owner or operator of the damaged 9 commercial motor vehicle without unnecessary delay. The like 10 replacement commercial motor vehicle shall be provided by the 11 party responsible until the required repairs to the damaged 12 commercial motor vehicle are completed and the vehicle is ready 13 to be fully put back into service. 14 b. The party responsible who fails to comply with paragraph 15 “a” shall reimburse the owner or operator of the damaged 16 commercial motor vehicle for the costs incurred by the owner or 17 operator to obtain a like replacement commercial motor vehicle, 18 including but not limited to rental charges, to use until the 19 required repairs to the damaged commercial motor vehicle are 20 completed or the damaged commercial motor vehicle is placed 21 back into service by the owner or operator, whichever occurs 22 first. 23 2. The party responsible who is at fault and causes damage 24 to a commercial motor vehicle in a crash or collision shall, 25 if the party responsible is not the owner or operator of the 26 damaged commercial motor vehicle, compensate the owner or 27 operator of the damaged commercial motor vehicle for each day 28 the owner or operator is unable to operate the commercial 29 motor vehicle, or a like replacement vehicle provided by the 30 person at fault, as a result of the crash or collision. The 31 compensation shall be equal to the average of revenue the owner 32 or operator received for each day the commercial motor vehicle 33 was in service based on the previous thirty in-service days 34 prior to the crash or collision. 35 -1- LSB 1553XS (5) 90 th/ns 1/ 3

S.F. 339 3. The owner or operator of a damaged commercial motor 1 vehicle may waive the requirements of subsection 1. If so 2 waived, the person party responsible who is at fault shall 3 comply with subsection 2. 4 4. Notwithstanding section 668.3, subsection 1, the 5 recovery under this section of an owner or operator of a 6 damaged commercial motor vehicle shall not be diminished due to 7 the contributory fault of the owner or operator. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to damages owed by a party at fault in 12 crashes and collisions involving commercial motor vehicles 13 (CMVs). 14 The bill requires a party responsible who is at fault in a 15 crash or collision involving a CMV to arrange for and pay the 16 costs associated with the provision of a like replacement CMV 17 to be delivered to the owner or operator of the damaged CMV, 18 if requested by such owner or operator, without unnecessary 19 delay. The like replacement CMV must be provided by the person 20 at fault until the required repairs to the damaged CMV are 21 completed or the damaged CMV is ready to be fully put back into 22 service, whichever occurs first. A party responsible who fails 23 to arrange and provide a like replacement CMV must reimburse 24 the owner or operator of the damaged CMV for the costs incurred 25 by the owner or operator to obtain a like replacement CMV, 26 including but not limited to rental charges, to use until 27 the required repairs to the damaged CMV are completed or 28 the damaged CMV is placed back into service by the owner or 29 operator, whichever occurs first. 30 The bill requires a party responsible who is at fault and 31 causes damage to a CMV in a crash or collision to compensate 32 the owner or operator of the damaged CMV for each day the owner 33 or operator is unable to operate the CMV, or a like replacement 34 CMV provided by the person at fault, as a result of the crash or 35 -2- LSB 1553XS (5) 90 th/ns 2/ 3

S.F. 339 collision. The compensation must equal the average of revenue 1 the owner or operator received for each day the CMV was in 2 service based on the previous 30 in-service days. 3 The bill authorizes the owner or operator of a damaged CMV to 4 waive the provisions requiring a party responsible to provide a 5 like replacement CMV. If so waived, the party responsible who 6 is at fault is not required to provide a like replacement CMV 7 but must compensate the owner or operator of the damaged CMV as 8 required under the bill. 9 Under current law, any damages for fault resulting in injury 10 to property must be diminished in proportion to the amount of 11 fault attributable to the claimant. Such comparative fault 12 considerations do not apply to the bill. 13 -3- LSB 1553XS (5) 90 th/ns 3/ 3