SF 499 (LSB 1553SV (1) 90)

SENATE FILE 499

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 339)

A BILL FOR

An Act relating to damages owed by a party at fault in crashes and collisions involving commercial motor vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.274  Crashes and collisions involving commercial motor vehicles —— damages.
   1.  a.  The party responsible who is at fault and causes damage to a commercial motor vehicle in a crash or collision shall, if the person is not the owner or operator of the damaged commercial motor vehicle, and if requested by such owner or operator, arrange for and pay the costs associated with the provision of a like replacement commercial motor vehicle to be delivered to the owner or operator of the damaged commercial motor vehicle without unnecessary delay. The like replacement commercial motor vehicle shall be provided by the party responsible until the required repairs to the damaged commercial motor vehicle are completed and the vehicle is ready to be fully put back into service.
   b.  The party responsible who fails to comply with paragraph “a” shall reimburse the owner or operator of the damaged commercial motor vehicle for the costs incurred by the owner or operator to obtain a like replacement commercial motor vehicle, including but not limited to rental charges, to use until the required repairs to the damaged commercial motor vehicle are completed or the damaged commercial motor vehicle is placed back into service by the owner or operator, whichever occurs first.
   2.  The party responsible who is at fault and causes damage to a commercial motor vehicle in a crash or collision shall, if the party responsible is not the owner or operator of the damaged commercial motor vehicle, compensate the owner or operator of the damaged commercial motor vehicle for each day the owner or operator is unable to operate the commercial motor vehicle, or a like replacement vehicle provided by the person at fault, as a result of the crash or collision. The compensation shall be equal to the average of revenue the owner or operator received for each day the commercial motor vehicle was in service based on the previous thirty in-service days prior to the crash or collision.
   3.  The owner or operator of a damaged commercial motor vehicle may waive the requirements of subsection 1. If so waived, the person party responsible who is at fault shall comply with subsection 2.
   4.  Notwithstanding section 668.3, subsection 1, the recovery under this section of an owner or operator of a damaged commercial motor vehicle shall not be diminished due to the contributory fault of the owner or operator.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to damages owed by a party at fault in crashes and collisions involving commercial motor vehicles (CMVs).
   The bill requires a party responsible who is at fault in a crash or collision involving a CMV to arrange for and pay the costs associated with the provision of a like replacement CMV to be delivered to the owner or operator of the damaged CMV, if requested by such owner or operator, without unnecessary delay. The like replacement CMV must be provided by the person at fault until the required repairs to the damaged CMV are completed or the damaged CMV is ready to be fully put back into service, whichever occurs first. A party responsible who fails to arrange and provide a like replacement CMV must reimburse the owner or operator of the damaged CMV for the costs incurred by the owner or operator to obtain a like replacement CMV, including but not limited to rental charges, to use until the required repairs to the damaged CMV are completed or the damaged CMV is placed back into service by the owner or operator, whichever occurs first.
   The bill requires a party responsible who is at fault and causes damage to a CMV in a crash or collision to compensate the owner or operator of the damaged CMV for each day the owner or operator is unable to operate the CMV, or a like replacement CMV provided by the person at fault, as a result of the crash or collision. The compensation must equal the average of revenue the owner or operator received for each day the CMV was in service based on the previous 30 in-service days.
   The bill authorizes the owner or operator of a damaged CMV to waive the provisions requiring a party responsible to provide a like replacement CMV. If so waived, the party responsible who is at fault is not required to provide a like replacement CMV but must compensate the owner or operator of the damaged CMV as required under the bill.
   Under current law, any damages for fault resulting in injury to property must be diminished in proportion to the amount of fault attributable to the claimant. Such comparative fault considerations do not apply to the bill.