Ohio § 2307.34

§ 2307.34.

(A) As used in this section: (1) “ Leased motor vehicle ” means a motor vehicle that is the subject of a lease agreement governed by Chapter 4901:2-3 of the Ohio Administrative Code or 49 C.F.R. 1057 . (2) “Nontrucking activity,” as used in relation to the operation of a leased motor vehicle,

means any of the following: (a) Any operation of the leased motor vehicle that is not for the benefit of the lessee; (b) Any operation of the leased motor vehicle by anyone other than an operator who previously

has been qualified and authorized by the lessee or authorized agents of the lessee

to operate the vehicle; (c) Any operation of the leased motor vehicle for the purpose of conducting any personal

or business affairs of the vehicle owner or his agents or employees, if the operation

results in a diversion of the vehicle, while transporting property for the lessee,

from its normal or reasonable route between its point of origin and point of destination

and all scheduled pick-up or delivery stops en route thereto; (d) Any operation of the leased vehicle by any person to transport property without the

prior knowledge and consent of the lessee. (3) “Primary insurer,” as used in relation to the operation of a leased motor vehicle,

means an insurance company authorized to do business in this state that issues or

delivers a policy of motor vehicle liability insurance to a motor carrier authorized

by the public utilities commission to conduct operations in this state. (4) “Secondary insurer,” as used in relation to the operation of a leased motor vehicle,

means an insurance company authorized to do business in this state that issues or

delivers a policy of motor vehicle liability insurance to the owner of a motor vehicle

leased to a motor carrier authorized by the public utilities commission to conduct

operations in this state. (B) A cause of action for contribution in favor of a primary insurer against a secondary

insurer exists if all of the following apply: (1) The primary insurer issues a policy of motor vehicle liability insurance to a motor

carrier to pay any final judgment recovered against the motor carrier for the death

of any person or an injury to or loss to person or property of any person resulting

from the negligent operation, maintenance, or use of motor vehicles displaying the

identification placards of the motor carrier, as required by the interstate commerce

commission or the public utilities commission; (2) The motor carrier enters into a lease agreement with the owner of a motor vehicle

not owned by the motor carrier, that provides that an operator not employed by the

motor carrier will, during the duration of the lease, operate the motor vehicle in

service to the motor carrier and will display on the motor vehicle the required identification

placards; (3) Due to the negligent operation by the operator of the leased motor vehicle an accident

involving the leased motor vehicle occurs while the operator is engaged in a nontrucking

activity, resulting in the death of any person or in an injury to or loss to person

or property of any person, and the operator is not an employee of the motor carrier; (4) The primary insurer pays a final judgment to compensate a party for the death of

any person as the result of the accident or for an injury or loss to person or property

of the party as the result of the accident; (5) At the time of the accident, a secondary insurer had issued to the owner of the motor

vehicle a policy of motor vehicle liability insurance to pay any final judgment recovered

against the owner for the death of any person or an injury to or loss to person or

property of any person resulting from the negligent operation, maintenance, or use

of the motor vehicle while it is being operated during a nontrucking activity. (C) No motor carrier authorized by the public utilities commission to conduct operations

in this state shall be liable in civil damages for any death, injury, or loss caused

by a motor vehicle not owned by the motor carrier, or caused by an operator not employed

by the motor carrier, unless the motor vehicle is being operated in service of the

motor carrier pursuant to a valid lease agreement at the time the injury or damage

occurs.  The unauthorized display of a motor carrier's name on a motor vehicle not owned

by the motor carrier shall not be grounds for imposing any civil liability on the

motor carrier.