CHAPTER 353


97-H 6476A
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO MOTOR VEHICLES

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-34-4 of the General Laws in Chapter 31-34 entitled "Responsibility of Owners of Rental Vehicles" is hereby amended to read as follows:

31-34-4. Liability of owner for negligence of operator. -- Any owner of a for hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in violation of this chapter has failed to give proof of financial responsibility, shall be jointly and severally liable with any person operating the vehicle for any damages caused by the negligence of any person operating the vehicle by or with the permission of the owner. Nothing in this section shall be construed to prevent an owner who has furnished proof of financial responsibility or any person operating the vehicle from making defense in an action upon the ground of contributory negligence to the extent to which such defense is allowed in other cases.

{ADD Notwithstanding the above, or any provisions contained under Title 31 to the contrary, the valid and collectable liability insurance or self-insurance providing coverage or liability protection for third party liability claims arising out of the operation of the rental vehicle shall be primary for the lessor or any person operating the motor vehicle, with the express permission of the lessor unless otherwise stated in at least ten (10) point type on the face of the rental agreement. Such insurance or self-insurance is primary only up to the limits required under Section 31-31-7. The term lessor shall include any entity in the business of renting motor vehicles, pursuant to a written rental agreement. ADD}

SECTION 2. This act shall take effect upon passage.



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