The Car and Truck Fleet and Leasing Management Magazine

TRALA Defends Graves Law in U.S. Senate Hearing on Vicarious Liability

September 30, 2010

ALEXANDRIA, VA - Truck Renting and Leasing Association (TRALA) President & CEO Tom James testified before Congress Sept. 28 in support of preservation of the existing federal law, known as the Graves/Boucher Law, which preempts states from imposing vicarious liability on owners of rented and leased vehicles.

James' testimony was heard by the Senate Committee on Commerce, Science and Transportation's Subcommittee on Consumer Protection, Product Safety and Insurance. James spoke on behalf of a broad coalition of companies, trade associations, and other stakeholders who were significantly impacted by state vicarious liability laws before Congress took action in 2005, according to TRALA.

The Graves/Boucher Law (49 USC 30106), passed in August 2005 as part of the SAFETEA-LU highway bill, created a uniform standard against liability without fault by preempting state vicarious liability laws imposing liability on non-negligent leasing and renting companies. Since its enactment into law, the highest courts in several states, including New York, Florida, and Minnesota, have upheld its authority. Federal circuit courts and the U.S. Court of Appeals have also ruled in support of the Graves Law.

In his testimony, James said that supporting the Graves/Boucher Law equals support for American jobs, consumer choice, and simple fairness. He also highlighted that the vicarious liability issue is not limited to the consumer car rental industry. "Please keep in mind that the rented and lease fleet includes automobiles leased to consumers, generally from three to five years; automobiles rented to consumers for periods of one day to 30 days; automobiles leased to businesses, generally for three years; trucks rented to consumers for periods of one to 30 days; and trucks leased to businesses, usually for one to five years," he told the committee, according to TRALA.

"Combined with our inability to control where and how our cars and trucks were driven, the pre-Graves/Boucher patchwork of state vicarious liability laws put non-negligent rental and leasing companies in an untenable situation. We were exposed to liabilities for which there was no best practice, nor any actions that could be taken to avoid exposure," said James.

Related stories:

Leasing & Rental Companies Still Protected Under Graves Law

Graves Law Preemption of Vicarious Liability Affirmed by U.S. Court of Appeals


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