71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 597
 
Sponsored by COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC
  DEVELOPMENT (at the request of Oregon Automobile Dealers
  Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to liability arising out of use of motor vehicles;
  amending ORS 30.135.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 30.135 is amended to read:
  30.135. (1) Subject to the provisions of this section, a person
that   { - loans - }   { + lends + }, rents, donates use of { + ,
makes available for test drive + } or otherwise provides a motor
vehicle, as defined in ORS 801.360, to another person is not
liable for any injury, death or damage that arises out of the use
of that motor vehicle by the other person, unless the person
providing the motor vehicle is negligent in maintaining the motor
vehicle or in providing the motor vehicle and the injury, death
or damage results from that negligence.
  (2) The limitation on liability provided by this section
applies only if the person providing the motor vehicle is engaged
in the business of selling, renting, leasing or repairing motor
vehicles and the motor vehicle is provided to another person in
the course of that business.
  (3) The limitation on liability provided by this section
applies only if there is a written agreement between the person
providing the motor vehicle and the person receiving the motor
vehicle, and the agreement specifically indicates that the person
receiving the motor vehicle is liable for any injury, death or
damage arising out of the use of the motor vehicle. The
limitation on liability provided by this section applies to
injury, death or damage suffered during the period specified in
the written agreement, or until the return of the motor vehicle,
whichever is later.
  (4) Notwithstanding ORS 742.526, unless a written agreement
under subsection (3) of this section provides otherwise, any
insurance that is available to a person receiving a motor vehicle
under a written agreement described in subsection (3) of this
section is primary, and any insurance available to the person
providing the motor vehicle is secondary or excess insurance. If
the person receiving the motor vehicle uses the motor vehicle in
the course of the person's employment, any insurance that is
available to an employer of the person providing coverage for
motor vehicles operated by employees of the employer is also
primary, and any insurance available to the person providing the
motor vehicle is secondary or excess insurance.
 
 
Enrolled Senate Bill 597 (SB 597-INTRO)                    Page 1
 
 
 
  (5) The limitation on liability provided by this section
applies without regard to whether the motor vehicle is provided
for consideration or is provided without charge.
  (6) Nothing in this section affects the liability of a
manufacturer, distributor, seller or lessor of a product under
the provisions of ORS 30.900 to 30.920.
                         ----------
 
 
Passed by Senate March 27, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 11, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 597 (SB 597-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 597 (SB 597-INTRO)                    Page 3