Bill Text: IA SF499 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to damages owed by a party at fault in crashes and collisions involving commercial motor vehicles.(Formerly SF 339.)
Spectrum: Committee Bill
Status: (Introduced) 2024-01-10 - Subcommittee: Dickey, Bisignano, and Brown. S.J. 78. [SF499 Detail]
Download: Iowa-2023-SF499-Introduced.html
Senate
File
499
-
Introduced
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
1
and
collisions
involving
commercial
motor
vehicles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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.
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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
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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.
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