Florida Federal Court Upholds Graves Amendment

A U. S. District Court in Ocala held that the Graves Amendment pre-empted all Florida vicarious liability actions against rental vehicle owners.

The court held that the $100/300/500,000 cap on liability damages was not a “financial responsibility law” that would have exempted it from the Graves Amendment, and that the Graves Amendment was not unconstitutional because car rental activity fell squarely within the activities that the U.S. Congress has the power to regulate under the Commerce Clause of the Constitution.

The case is entitled Garcia v. Vanguard Car Rental USA, Inc., 2007 U.S. Dist. LEXIS 15335 (U. S. District Court for the Middle District of Florida, Ocala Division, March 5, 2007).

The Court noted in its lengthy opinion that “This is an important case of first impression. No other Federal Court has analyzed the preemptive scope of the Graves Amendment.”

Comment On This Story

Name:  
Email:  
Comment: (Max. 10000 characters)  
Please leave blank:
* Please note that every comment is moderated.

 
 

Newsletter: Sign up to receive latest news, articles, and much more.

Read the latest

Auto Focus Blog: A blog covering fleets, auto rental and the business of cars

Trump and Regulations: An Alt-Fuel View

With 2025 emissions targets back in review, manufacturers, alt-fuel, and alt-power suppliers weigh in on the potential impacts of Trump’s initiatives.

Why GM’s Telematics Announcement is a Really Big Deal

Enabling a telematics connection at the factory — and not through an aftermarket hardware installation — is a game changer for fleets.

Four Thoughts From the 2016 Conference Calls

Sifting through the notes of Avis Budget Group’s and Hertz Global Holdings’ recent fourth quarter conference calls give us some trend lines to watch out for in 2017. (Of course, this gives us an incomplete snapshot, as Enterprise Holdings is privately held.)

Job Finder: Access Top Talent. Fill Key Positions.

>