Passenger Vehicle Loss Disclosure Act of 2011 - Directs the Secretary of Transportation (DOT) 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 112th Congress]
[From the U.S. Government Publishing Office]
[S. 422 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 422
To improve consumer access to passenger vehicle loss data held by
insurers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2011
Mr. Ensign 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, and for other purposes.
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 of 2011''.
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 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) theft and recovery; 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, 1 or more airbags were deployed.
``(2) Time for disclosure.--The Secretary shall require the
disclosure described in paragraph (1) to be made not later
than--
``(A) the date on which the insurer terminates
coverage on the vehicle due to the total loss of the
vehicle; or
``(B) the date on which the self-insurer determines
the vehicle to be a total loss.
``(3) Vehicles to which disclosure requirement applies.--
``(A) Insurers.--Paragraph (1) applies to a
declaration of total loss by an insurer for any
passenger motor vehicle with respect to which--
``(i) the insurer obtains from an insured
pursuant to a settlement resulting in the
termination of the current coverage by the
insurer for that vehicle;
``(ii) the insurer permits the insured to
retain pursuant to a settlement resulting in
the termination of the current coverage by the
insurer for that vehicle; or
``(iii) 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
determination of total loss by a self-insurer 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.--
``(A) In general.--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.
``(B) Lookup identifier.--The Secretary shall
ensure that all total loss data disclosed in accordance
with subparagraph (A) 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.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall promulgate
the regulations required by section 32303(d) of title 49, United States
Code, as added by subsection (a).
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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