Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2461
duty of care; leased vehicles
Purpose
Specifies, in a civil action where a covered motor vehicle (vehicle) is involved in an
accident, that there is no obligation or duty for an owner, lessor, operator of a vehicle or person
renting a vehicle to another person to retrofit the vehicle with component parts, optional equipment
or to have selected component parts or optional equipment be included in the vehicle if such parts
were not required by federal vehicle safety standards when the vehicle was manufactured or sold.
Background
The National Highway Traffic Safety Administration (NHTSA) has a legislative mandate
to issue Federal Motor Vehicle Safety Standards and Regulations to which manufacturers of
vehicles and items of vehicle equipment must conform and certify compliance (NHTSA).
An owner or an affiliate of the owner (affiliate) of a vehicle that rents or leases the vehicle
to a person is not liable under the law of any state, or a political subdivision thereof, by reason of
being the owner or affiliate of the vehicle, 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 affiliate is engaged in the trade or business of renting or leasing vehicles; and 2) there is
no negligence or criminal wrongdoing on the part of the owner or affiliate. Owner means a person
who is: 1) a record or beneficial owner, holder of title, lessor, or lessee of a vehicle; 2) entitled to
the use and possession of a vehicle subject to a security interest in another person; or 3) a lessor,
lessee, or a bailee of a vehicle, in the trade or business of renting or leasing vehicles, having the
use or possession thereof, under a lease, bailment, or otherwise. Affiliate means a person other than
the owner that directly or indirectly controls, is controlled by, or is under common control with the
owner (49 U.S.C. ยง 30106).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies, in a civil action where a vehicle is involved in an accident, there is no obligation or
duty for an owner, lessor, operator of a vehicle or person renting a vehicle to another person to
retrofit the vehicle with component parts, optional equipment or to have selected component
parts or optional equipment be included in the vehicle if such parts were not required by federal
vehicle safety standards when the vehicle was manufactured or sold.
2. Deems that evidence related to an allegation of obligation or duty to have optional safety
component parts or equipment as inadmissible in a civil action. FACT SHEET
H.B. 2461
Page 2
3. Stipulates that, in a civil action, the outlined parties are liable if they have failed to comply
with a law or regulation issued after the vehicle was manufactured or sold requiring a
mandatory recall or retrofit of the vehicle.
4. Prescribes the same definition for covered motor vehicle as provided in federal statute.
5. Becomes effective on the general effective date.
House Action
TI 2/7/24 DP 11-0-0-0
3
rd
Read 2/20/24 57-0-2-0-1
Prepared by Senate Research
March 12, 2024
ZD/KK/cs