A bill to create a Federal vehicle reparations law applicable to owners and operators of highway vehicles being operated on the public ways, to establish standards for State vehicle reparations systems and to govern the applicability of State or Federal law, in order to promote and regulate interstate commerce.
Federal Highway Vehicle No-Fault Act - Title I: States to Regulate Insurance - Declares the intent of Congress that responsibility for the regulation of the business of insurance shall remain with the several States.
Title II: Applicability of State and Federal Law - Provides that on and after March 1, 1976, the legal liability for damages in tort of an owner or operator of a highway vehicle shall be determined under Federal vehicle reparations law provides, that, if the occurrence with respect to which liability is alleged occurs in a State which has in effect a State vehicle reparations system which is a qualifying system under this Act, legal liability for damages shall be determined under that qualifying State vehicle reparations system, and Federal vehicle reparations law shall be inapplicable.
Declares that a qualifying State vehicle reparations system must enforce requirements that policies of liability insurance on highway vehicles contain no-fault insurance coverage not less generous than that coverage described in this Act incurring bodily injury.
Provides that no fault insurance benefits shall cover medical expense, income lost and nonoccupational expense.
Requires that a qualifying State vehicle reparations system must: (1) provide that any no-fault insurance benefits available to one claiming damages must not duplicat recovery of damages in tort; and (2) be intended and reasonably designed not to increase the State average annual combined loss per insured motor vehicle for bodily injury liability and no-fault benefits above the average of loss during the period immediately preceding the effective date of the State vehicle reparations system for bodily injury liability and medical payments coverage.
Provides that the Attorney General of a State, or other State official designated by the Governor, may certify the qualification under this Act of the vehicle reparations system of his State to the Attorney General of the United States.
Title III: Federal Highway Vehicle Reparations Law - Provides that the applicable law shall be the tort law prevailing in the State where the accident occurs, except for provisions limiting liability for damages enacted in conjunction with a law providing for no-fault benefits.
States that damages recoverable in tort shall not exceed the disputed net loss of the claimant.
Title IV: Review of Reparations System Development - Directs the Secretary of Transportation to study the operation and effect of qualifying State vehicle reparations systems, and the general availability and effect of no-fault benefits throughout the United States. Requires that on or about April 1, 1976, he shall report to the Congress on his study with his recommendations regarding any further legislation which may be advisable.
Requires the Attorney General of the United States to study the operation and effect of the Federal vehicle reparations law on the motoring public and on the courts of the United States and the several States, and to report to the Congress on or about April 1, 1976, on his study with his recommendations regarding any further legislation which may be advisable.
Introduced in Senate
Referred to Senate Committee on Commerce.
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