Passenger Vehicle Loss Disclosure Act - Directs the Secretary of Transportation to require all insurers and self-insurers of passenger motor vehicles to disclose to the public, in a commercially reasonable, electronically accessible manner, for each passenger motor vehicle declared or determined to be a total loss: (1) the vehicle identification number and odometer reading; (2) the date of and primary reason for the total loss determination; and (3) whether the airbags deployed.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3707 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3707
To improve consumer access to passenger vehicle loss data held by
insurers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2006
Mr. Lott introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve consumer access to passenger vehicle loss data held by
insurers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Vehicle Loss Disclosure
Act''.
SEC. 2. DISCLOSURE OF TOTAL LOSS DATA.
(a) In General.--Section 32303 of title 49, United States Code, is
amended by adding at the end thereof the following:
``(d) Disclosure of Loss Data for Passenger Motor Vehicles.--
``(1) Specific total loss data to be disclosed.--The
Secretary of Transportation shall by regulation require all
insurers and self-insurers of passenger motor vehicles to
disclose to the public in a commercially reasonable,
electronically accessible manner the following information for
every passenger motor vehicle described in paragraph (3) that
has been declared a total loss by such an insurer or determined
to be a total loss by such a self-insurer:
``(A) The vehicle identification number of the
vehicle.
``(B) The date of declaration or determination of
the total loss.
``(C) The odometer reading on the date of the
declaration or determination of total loss.
``(D) A statement as to whether the primary reason
for the declaration or determination of total loss is--
``(i) flood or water damage;
``(ii) collision or fire damage;
``(iii) stolen and recovered; or
``(iv) some other reason.
``(E) A statement as to whether, as a result of the
incident that prompted the declaration or determination
of total loss, one or more airbags were deployed.
``(2) When disclosed.--The Secretary shall require the
disclosure to be made no later than--
``(A) when the insurer terminates coverage on the
vehicle due to its total loss; or
``(B) when the self-insurer determines the vehicle
to be a total loss.
``(3) Vehicles to which disclosure requirement applies.--
``(A) Insurers.--Paragraph (1) applies to an
insurer's declaration of total loss for any passenger
motor vehicle--
``(i) which the insurer obtains from an
insured pursuant to a settlement resulting in
the termination of the insurer's current
coverage for that vehicle;
``(ii) which the insurer permits the
insured to retain pursuant to a settlement
resulting in the termination of insurer's
current coverage for that vehicle; and
``(iii) if not described in clause (i) or
(ii), for which the insurer terminates coverage
following the theft of, damage to, or other
circumstances that adversely affect the fair
market value of that vehicle.
``(B) Self-insurers.--Paragraph (1) applies to a
self-insurer's determination of total loss for any
passenger motor vehicle that the self-insurer
determines has sustained sufficient damage to be a
total loss.
``(4) Application with state laws.--The disclosure required
by this subsection applies without regard to whether--
``(A) the insurer or self-insurer obtains a
certificate of title for the passenger motor vehicle
under State motor vehicle titling law;
``(B) the insurer or self-insurer obtains a branded
certificate of title for a passenger motor vehicle
under State motor vehicle titling law to connote the
type of damage or condition conveyed by the disclosure
of total loss data;
``(C) the insurer or self-insurer files any other
notification with a State motor vehicle titling agency
with respect to the passenger motor vehicle; or
``(D) the insurer or self-insurer disposes of or
receives proceeds from the disposition of a passenger
motor vehicle upon termination of coverage following
the theft of, damage to, or other circumstances that
adversely affect the fair market value of that vehicle.
``(5) Use of private sector resources.--The Secretary shall
rely on the private sector to collect, aggregate, and disclose
to the public the data required to be disclosed under this
subsection. The Secretary shall, however, ensure that all total
loss data required to be disclosed under this subsection is
accessible by vehicle identification number.
``(6) Liability protection for public disclosure.--Any
person performing any activity related to the public disclosure
of the data under this subsection in good faith and with the
reasonable belief that such activity was in accordance with
this subsection shall be immune from any civil action
respecting such activity seeking money damages or equitable
relief in any court of the United States or of a State.
``(7) Definitions.--In this subsection:
``(A) Passenger motor vehicle.--The term `passenger
motor vehicle' means a motor vehicle with motive power
designed for carrying 10 or fewer persons, including
multipurpose passenger vehicles, light trucks and
motorcycles, but not including trailers.
``(B) Self-insurer.--The term `self-insurer' means
a person that retains all or part of the risk of loss
with respect to passenger motor vehicles it owns
instead of using an insurer.''.
(b) Regulations.--The Secretary of Transportation shall promulgate
the regulations required by section 32303(d) of title 49, United States
Code, within 1 year after the date of enactment of this Act.D23/
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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