Sec. 5. (a) Except as provided in subsection (b):

(1) an owner, lessor, or operator of a commercial motor vehicle; or

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Terms Used In Indiana Code 34-30-35-5

  • commercial motor vehicle: means a motor vehicle that is used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. See Indiana Code 34-30-35-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • optional equipment: means equipment or a component part of a commercial motor vehicle that:

    Indiana Code 34-30-35-3

  • person: means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a sole proprietorship. See Indiana Code 34-30-35-4
(2) a person renting or leasing the commercial motor vehicle to another person;

is not civilly liable for a claim asserting that the person described in subdivisions (1) through (2) has an obligation or duty to install or equip optional equipment on a commercial motor vehicle.

     (b) The immunity described in subsection (a) does not apply if the person described in subsection (a)(1) or (a)(2) fails to comply with a law, rule, or regulation issued after the commercial motor vehicle involved in an accident was manufactured or first sold that requires a mandatory retrofit or recall of the commercial motor vehicle to install or equip optional equipment.

As added by P.L.141-2024, SEC.54.