Bill Text: IA SF2259 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to damages owed by a person at fault in crashes and collisions involving commercial motor vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-16 - Subcommittee recommends amendment and passage. [SF2259 Detail]
Download: Iowa-2021-SF2259-Introduced.html
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
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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
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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
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