§2791.1. Limitation of liability for commercial motor vehicles
A. For purposes of this Section:
(1) "Commercial motor vehicle" means a motor vehicle used in commerce to
transport passengers or property. This definition shall also include a motor vehicle rental
agency as provided by 49 U.S.C. 30106.
(2) "Optional equipment" means equipment or a component part of a commercial
motor vehicle that:
(a) Was not required to be installed or equipped on the commercial motor vehicle
under the Federal Motor Vehicle Safety Standards as provided by 49 CFR 571 at the time
that the commercial motor vehicle was manufactured or sold, whichever occurred last.
(b) Was not required by law to be installed on the commercial motor vehicle issued
after the vehicle was manufactured or first sold.
B. No individual shall have a cause of action against an owner, a lessor, or an
operator of a commercial motor vehicle, or a person renting or leasing the commercial motor
vehicle, for failure to install optional equipment on a commercial motor vehicle.
C. The provisions of this Section do not apply to a vehicle involved in an accident
after failure to comply with a law requiring a mandatory recall.
D. The owner of a commercial motor vehicle shall have no duty to install optional
equipment. Additionally, the absence of optional equipment shall not be admissible to
establish the owner's negligence.
Acts 2024, No. 490, §1.