49 U.S.C. § 30106 : US Code - Section 30106: Rented or leased motor vehicle safety and responsibility
Search 49 U.S.C. § 30106 : US Code - Section 30106: Rented or leased motor vehicle safety and responsibility
(a) In General. - An owner of a motor vehicle that rents or
leases the vehicle to a person (or an affiliate of the owner) shall
not be liable under the law of any State or political subdivision
thereof, by reason of being the owner of the vehicle (or an
affiliate of the owner), for harm to persons or property that
results or arises out of the use, operation, or possession of the
vehicle during the period of the rental or lease, if -
(1) the owner (or an affiliate of the owner) is engaged in the
trade or business of renting or leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part
of the owner (or an affiliate of the owner).
(b) Financial Responsibility Laws. - Nothing in this section
supersedes the law of any State or political subdivision thereof -
(1) imposing financial responsibility or insurance standards on
the owner of a motor vehicle for the privilege of registering and
operating a motor vehicle; or
(2) imposing liability on business entities engaged in the
trade or business of renting or leasing motor vehicles for
failure to meet the financial responsibility or liability
insurance requirements under State law.
(c) Applicability and Effective Date. - Notwithstanding any other
provision of law, this section shall apply with respect to any
action commenced on or after the date of enactment of this section
without regard to whether the harm that is the subject of the
action, or the conduct that caused the harm, occurred before such
date of enactment.
(d) Definitions. - In this section, the following definitions
apply:
(1) Affiliate. - The term "affiliate" means a person other than
the owner that directly or indirectly controls, is controlled by,
or is under common control with the owner. In the preceding
sentence, the term "control" means the power to direct the
management and policies of a person whether through ownership of
voting securities or otherwise.
(2) Owner. - The term "owner" means a person who is -
(A) a record or beneficial owner, holder of title, lessor, or
lessee of a motor vehicle;
(B) entitled to the use and possession of a motor vehicle
subject to a security interest in another person; or
(C) a lessor, lessee, or a bailee of a motor vehicle, in the
trade or business of renting or leasing motor vehicles, having
the use or possession thereof, under a lease, bailment, or
otherwise.
(3) Person. - The term "person" means any individual,
corporation, company, limited liability company, trust,
association, firm, partnership, society, joint stock company, or
any other entity.
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