ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: TI DP 11-0-0-0 | 3^rd Read 57-0-2-0 Senate: JUD DPA 7-0-0-0 | 3^rd Read 27-0-3-0

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HB2461: duty of care; leased vehicles

Sponsor: Representative Cook, LD 7

Senate Engrossed

Overview

Declares that there is no obligation or duty of care for an owner, lessor, operator or for a person renting or leasing a covered motor vehicle (vehicle) to retrofit the vehicle with component parts or optional equipment, or to have selected component parts or optional equipment to be included on the vehicle in any civil action where a vehicle is involved in an accident if such parts or equipment were not required by the Federal Motor Vehicle Safety Standards (FMVSS).

History

The National Highway Traffic Safety Administration (NHTSA) issues FMVSS under 49 Code of Federal Regulations (CFR) Part 571 to implement laws from Congress. NHTSA regulates the safety of motor vehicles and related equipment.

An owner of a motor vehicle that rents or leases the vehicle to a person must not be liable under the law of any State or political subdivision by reason of being the owner of the vehicle, for harm to persons or property that results or arises out of the use, operation or possession of the motor vehicle during the period of the rental or lease if the owner is engaged in the trade or business of renting or leasing motor vehicles and there is no negligence or criminal wrongdoing on the part of the owner (49 United States Code § 30106).

Provisions

1. Mandates that there is no obligation or duty of care for an owner, lessor or operator of the vehicle or a person renting or leasing the vehicle to another person to retrofit the vehicle with component parts or optional equipment or to have selected component parts or optional equipment to be included on the vehicle in any civil action where a vehicle is involved in an accident if such parts or equipment were not required by FMVSS under 49 CFR Part 571, applicable when the vehicle was manufactured or sold. (Sec. 1)

2. Stipulates that evidence related to such an alleged obligation or duty is inadmissible. (Sec. 1)

3. States that the previous provisions related to duty of care for leased vehicles do not apply if the owner, lessor or operator of the vehicle or the person renting or leasing the vehicle to another person fails to comply with a law or regulation issued after the vehicle was manufactured or sold requiring a mandatory recall or retrofit of the vehicle. (Sec. 1)

4. Defines covered motor vehicle as a motor vehicle for which the owner's liability for an accident is governed by 49 United States Code § 30106. (Sec. 1)

Senate Amendments

1. Clarifies that there is no obligation or duty of care for an owner, lessor or operator of the vehicle or a person renting or leasing the vehicle to another person to retrofit the vehicle with component parts or optional equipment or to have selected component parts or optional equipment to be included on the vehicle in any civil action where a vehicle is involved in an accident if such parts or equipment were not required by FMVSS under 49 CFR Part 571, applicable when the vehicle was manufactured or first sold, rather than just sold.

2. Stipulates that the previous provisions related to duty of care for leased vehicles do not apply if the owner, lessor or operator of the vehicle or the person renting or leasing the vehicle to another person fails to comply with a law or regulation issued after the vehicle was manufactured or first sold, rather than just sold, requiring a mandatory recall or retrofit of the vehicle.

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6.                   HB 2461

7. Initials LM           Page 0 Senate Engrossed

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