|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 17, 2020 |
reported referred to rules reported referred to ways and means |
| Jul 14, 2020 |
reported referred to codes |
| Jul 13, 2020 |
print number 7422b |
| Jul 13, 2020 |
amend and recommit to insurance |
| Jan 08, 2020 |
referred to insurance |
| Jun 17, 2019 |
print number 7422a |
| Jun 17, 2019 |
amend and recommit to insurance |
| May 01, 2019 |
referred to insurance |
Assembly Bill A7422B
2019-2020 Legislative Session
Relates to enacting the peer-to-peer car sharing act
download bill text pdfSponsored By
RODRIGUEZ
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Kevin Cahill
2019-A7422 - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Insurance Law
- Laws Affected:
- Add §§3457, 3458, 3459 & 3460, Ins L; add Art 40 §§900 - 920, Gen Bus L; add Art 29-D §§1299-J - 1299-S, amd §171-a, Tax L; amd §§600 & 601, V & T L
- Versions Introduced in 2021-2022 Legislative Session:
-
A2349
2019-A7422 - Summary
Enacts the peer-to-peer car sharing program act, which provides guidelines for establishing peer-to-peer car sharing programs and outlines how they shall be insured, which cars shall be used, how drivers shall work under such programs, and how liability should be determined under such programs in the case of an accident or damaged property.
2019-A7422 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7422
2019-2020 Regular Sessions
I N A S S E M B L Y
May 1, 2019
___________
Introduced by M. of A. RODRIGUEZ -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, the general business law, the tax law
and the vehicle and traffic law, in relation to enacting the peer-to-
peer car sharing program act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "peer-to-peer car sharing program act".
§ 2. The insurance law is amended by adding a new article 35 to read
as follows:
ARTICLE 35
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 3501. DEFINITIONS.
3502. REQUIREMENTS FOR DOING BUSINESS.
3503. PROGRAM LIABILITY.
3504. LIEN IMPLICATIONS; NOTIFICATION.
3505. EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY INSURANCE
POLICY.
3506. LIMITATIONS ON CANCELLATION OF COVERAGE.
3507. CONTRIBUTION AGAINST INDEMNIFICATION.
3508. INSURABLE INTEREST.
3509. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS.
§ 3501. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PEER-TO-PEER CAR SHARING" SHALL MEAN THE AUTHORIZED USE OF A
SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
PEER-TO-PEER CAR SHARING PROGRAM.
(B) "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL MEAN THE
INSTITUTION, SOLE PROPRIETORSHIP OR OTHER ENTITY OR PERSON THAT IS
RESPONSIBLE FOR OPERATING, FACILITATING OR ADMINISTERING THE MEANS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11222-02-9
A. 7422 2
DIGITAL OR OTHERWISE, BY WHICH A BUSINESS PLATFORM FACILITATES PEER-TO-
PEER CAR SHARING FOR FINANCIAL CONSIDERATION.
(C) "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
(D) "SHARED VEHICLE" SHALL MEAN A MOTOR VEHICLE, OWNED AND REGISTERED
TO AN INDIVIDUAL THAT IS INSURED OR SUBJECT TO BEING INSURED UNDER AN
OWNER'S POLICY OF MOTOR VEHICLE LIABILITY INSURANCE INSURING A SINGLE
INDIVIDUAL, OR INDIVIDUALS RESIDING IN THE SAME HOUSEHOLD AS THE NAMED
INSURED, THAT IS AVAILABLE FOR SHARING THROUGH A PEER-TO-PEER CAR SHAR-
ING PROGRAM.
(E) "SHARED VEHICLE DRIVER" SHALL MEAN AN INDIVIDUAL WHO HAS BEEN
AUTHORIZED TO USE A SHARED VEHICLE UNDER A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT.
(F) "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF A SHARED
VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM.
(G) "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD
OF TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION
OF THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED
BY THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
(H) "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE
DRIVER AT, OR AFTER, THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO-PEER CAR
SHARING PROGRAM.
(I) "PEER-TO-PEER CAR SHARING PERIOD" SHALL MEAN THE PERIOD OF TIME
THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING DELIVERY PERIOD
OR, IF THERE IS NO PEER-TO-PEER CAR SHARING DELIVERY PERIOD, THE PERIOD
OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING START TIME
AND, IN EITHER CASE, SHALL END AT THE PEER-TO-PEER CAR SHARING TERMI-
NATION TIME.
(J) "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE TIME
WHEN THE SHARED VEHICLE IS EITHER RETURNED TO THE LOCATION DESIGNATED BY
THE SHARED VEHICLE OWNER THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, OR
THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S AUTHORIZED DESIG-
NEE SHALL TAKE POSSESSION AND CONTROL OF THE SHARED VEHICLE, AND THE
EARLIEST OF THE FOLLOWING OCCURS:
(1) THE EXPIRATION OF THE AGREED PERIOD OF TIME ESTABLISHED FOR THE
USE OF A SHARED VEHICLE IN THE GOVERNING PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT; OR
(2) THE INTENT TO TERMINATE THE USE OF THE SHARED VEHICLE IS VERIFI-
ABLY COMMUNICATED BY THE SHARED VEHICLE DRIVER TO THE SHARED VEHICLE
OWNER USING THE PEER-TO-PEER CAR SHARING PROGRAM.
§ 3502. REQUIREMENTS FOR DOING BUSINESS. (A) NO SHARED VEHICLE INSURED
OR SUBJECT TO BEING INSURED BY ITS REGISTERED OWNER PURSUANT TO A POLICY
OF INSURANCE SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE
OR ARTICLE FIFTY-THREE OF THIS CHAPTER SHALL BE CLASSIFIED AS A COMMER-
CIAL VEHICLE, FOR-HIRE VEHICLE, PERMISSIVE USE VEHICLE, TAXI-CAB OR
LIVERY SOLELY BECAUSE ITS REGISTERED OWNER ALLOWS IT TO BE USED FOR
PEER-TO-PEER CAR SHARING, AS LONG AS ALL OF THE FOLLOWING CIRCUMSTANCES
APPLY:
(1) THE PEER-TO-PEER CAR SHARING IS COMPLIANT WITH A PEER-TO-PEER CAR
SHARING PROGRAM AS PROVIDED FOR IN THIS ARTICLE;
A. 7422 3
(2) THE REGISTERED OWNER OF THE SHARED VEHICLE DOES NOT KNOWINGLY
PLACE THE VEHICLE INTO USE AS A COMMERCIAL VEHICLE OR AS A VEHICLE FOR
HIRE BY A SHARED DRIVER WHILE ENGAGED IN PEER-TO-PEER CAR SHARING; AND
(3) THE NUMBER OF SHARED VEHICLES A SINGLE INDIVIDUAL OR INDIVIDUALS
RESIDING IN THE SAME HOUSEHOLD MAY ENROLL IN ANY PEER-TO-PEER CAR SHAR-
ING PROGRAM, OR COMBINATION OF PROGRAMS, DOES NOT EXCEED FOUR VEHICLES.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
CAR SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
OF, DO ALL OF THE FOLLOWING:
(1) ENSURE FINANCIAL SECURITY FOR THE SHARED VEHICLE IS MAINTAINED BY
THE SHARED VEHICLE OWNER, THE SHARED VEHICLE DRIVER, THE PEER-TO-PEER
CAR SHARING PROGRAM, OR ANY COMBINATION OF THE AFOREMENTIONED, IN THE
FORM OF:
(I) A POLICY OF LIABILITY INSURANCE THAT:
(A) RECOGNIZES THAT THE SHARED VEHICLE INSURED UNDER THE POLICY IS
MADE AVAILABLE AND USED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM; AND
(B) PROVIDES INSURANCE COVERAGE IN AMOUNTS NO LESS THAN THE MINIMUM
AMOUNTS PROVIDED BY SECTION THREE HUNDRED SEVENTY OF THE VEHICLE AND
TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND OTHER LAWS OF THE
STATE WITH RESPECT TO MANDATORY LIABILITY COVERAGE, UNINSURED AND UNDE-
RINSURED COVERAGE, AND FIRST-PARTY BENEFITS COVERAGE AS MAY BE ENACTED
FROM TIME TO TIME; OR
(II) A FINANCIAL SECURITY BOND, FINANCIAL SECURITY DEPOSIT, OR QUALI-
FICATION AS A SELF-INSURER AS SET FORTH IS SECTION THREE HUNDRED TWELVE
OF THE VEHICLE AND TRAFFIC LAW;
(2) OFFER SHARED VEHICLE OWNERS COMPREHENSIVE AND COLLISION PROTECTION
FOR LOSS OR DAMAGE TO THE SHARED VEHICLE DURING THE PEER-TO-PEER CAR
SHARING PERIOD AS DESCRIBED IN SUBSECTIONS (D), (E) AND (F) OF SECTION
THREE THOUSAND FIVE HUNDRED NINE OF THIS ARTICLE;
(3) PROVIDE SHARED VEHICLE OWNERS WITH SUITABLE PROOF OF COMPLIANCE
WITH THE INSURANCE REQUIREMENTS OF THIS SECTION, THE REQUIREMENTS OF
SECTIONS THREE HUNDRED ELEVEN AND THREE HUNDRED FORTY-FIVE OF THE VEHI-
CLE AND TRAFFIC LAW, AND ARTICLE FIFTY-ONE OF THIS CHAPTER, A COPY OF
WHICH SHALL BE MADE AVAILABLE IN THE SHARED VEHICLE BY THE SHARED VEHI-
CLE OWNER DURING THE TIME THE SHARED VEHICLE IS ENGAGED IN PEER-TO-PEER
CAR SHARING;
(4) PROHIBIT THE SHARED VEHICLE FROM BEING OPERATED FOR COMMERCIAL USE
OR AS A VEHICLE FOR HIRE WHILE THE SHARED VEHICLE IS ENGAGED IN PEER-TO-
PEER CAR SHARING;
(5) PROVIDE THE FOLLOWING FOR EACH SHARED VEHICLE DRIVER, FOR EACH
PEER-TO-PEER CAR SHARING PERIOD:
(I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN OF
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER
DOCUMENTATION WHICH SHALL BE CARRIED IN THE VEHICLE AT ALL TIMES DURING
THE PEER-TO-PEER CAR SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
FINANCIAL SECURITY REFERRED TO IN PARAGRAPH ONE OF THIS SUBSECTION IS IN
FULL FORCE AND EFFECT; AND
(II) A TOLL-FREE NUMBER, EMAIL ADDRESS, OR OTHER SUCH FORM OF COMMUNI-
CATION BY WHICH A LAW ENFORCEMENT POLICE OFFICER, REPRESENTATIVE OF THE
DEPARTMENT OF MOTOR VEHICLES, OR OTHER OFFICER OF THIS STATE OR ANY
POLITICAL SUBDIVISION THEREOF MAY CONFIRM, IN REAL TIME, THAT THE FINAN-
CIAL SECURITY PROVIDED FOR IN PARAGRAPH ONE OF THIS SUBSECTION IS IN
FULL FORCE AND EFFECT;
(6) REQUIRE THAT VEHICLES MADE AVAILABLE FOR PEER-TO-PEER CAR SHARING
THROUGH THE PROGRAM ARE LIMITED TO SHARED VEHICLES;
A. 7422 4
(7) COLLECT, MAINTAIN FOR A TIME PERIOD NOT LESS THAN THE APPLICABLE
STATUTE OF LIMITATIONS ON PERSONAL INJURY, AND MAKE AVAILABLE TO THE
SHARED VEHICLE OWNER, THE SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE
LIABILITY INSURER, THE SHARED VEHICLE DRIVER'S PRIMARY AUTOMOBILE INSUR-
ER, ANY EXCESS OR UMBRELLA INSURERS, AND ANY GOVERNMENT AGENCY AS
REQUIRED BY LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST AT THE COST OF
THE PROGRAM, THE FOLLOWING INFORMATION PERTAINING TO INCIDENTS WHICH
OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
(I) VERIFIABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
SHARED VEHICLE, AND TO THE EXTENT AVAILABLE, VERIFIABLE ELECTRONIC
RECORDS OF THE TIME, INITIAL AND FINAL LOCATIONS OF THE VEHICLE, AND
MILES DRIVEN; AND
(II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
INSURER, ANY AND ALL INFORMATION RELEVANT TO THE CLAIM, INCLUDING BUT
NOT LIMITED TO, PAYMENTS BY THE PROGRAM CONCERNING ACCIDENTS, DAMAGES
AND INJURIES; AND
(8) ENSURE THAT THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER
ARE GIVEN NOTICE PRIOR TO THE FIRST USE AND FIRST OPERATION OF A SHARED
VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT THAT:
(I) DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
COVERAGE AFFORDED UNDER ITS POLICY AND THE SHARED VEHICLE OWNER'S INSUR-
ER SHALL HAVE THE RIGHT TO NOTIFY ITS INSURED THAT IT SHALL HAVE NO DUTY
TO INDEMNIFY OR DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR ANY
LOSS THAT OCCURS DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
(II) ANY FINANCIAL SECURITY, OR PHYSICAL DAMAGE PROTECTION OFFERED
PURSUANT TO PARAGRAPH TWO OF SUBSECTION (B) OF THIS SECTION, PROVIDED BY
THE PEER-TO-PEER CAR SHARING PROGRAM MAY NOT BE VALID OR COLLECTIBLE FOR
DAMAGES OR LOSSES THAT OCCUR OUTSIDE OF THE PEER-TO-PEER CAR SHARING
PERIOD.
§ 3503. PROGRAM LIABILITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR VEHI-
CLE LIABILITY INSURANCE, IN THE EVENT OF A LOSS OR INJURY THAT SHALL
OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE PEER-TO-PEER CAR
SHARING PROGRAM SHALL BE DEEMED THE OWNER OF THE SHARED VEHICLE AND
SHALL BE LIABLE FOR ANY BODILY INJURY, DEATH, OR DAMAGE TO PROPERTY IN
AMOUNTS NOT TO EXCEED THOSE STATED IN THE PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT AND NOT LESS THAN THOSE AMOUNTS SET FORTH IN SECTION
THREE HUNDRED SEVENTY OF THE VEHICLE AND TRAFFIC LAW, AND THE PEER-TO-
PEER CAR SHARING PROGRAM SHALL RETAIN SUCH LIABILITY IRRESPECTIVE OF A
LAPSE IN THE GROUP POLICY OR ANY OTHER INSURANCE POLICY UNDER WHICH THE
PROGRAM IS INSURED, OR WHETHER SUCH LIABILITY IS COVERED UNDER THE GROUP
POLICY OR ANY INSURANCE POLICY UNDER WHICH THE PROGRAM IS INSURED.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE LIABLE FOR A SHARED
VEHICLE DURING THE PEER-TO-PEER CAR SHARING PERIOD.
(C) IF INSURANCE MAINTAINED BY A SHARED VEHICLE OWNER OR SHARED CAR
DRIVER PURSUANT TO PARAGRAPH ONE OF SUBSECTION (B) OF SECTION THREE
THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE HAS LAPSED OR SHALL NOT
PROVIDE THE REQUIRED COVERAGE, THE PEER-TO-PEER CAR SHARING PROGRAM
SHALL PROVIDE FINANCIAL SECURITY REQUIRED BY PARAGRAPH ONE OF SUBSECTION
(B) OF SECTION THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE ON A
PRIMARY BASIS.
(D) A PEER-TO-PEER CAR SHARING PROGRAM SHALL ASSUME LIABILITY FOR A
CLAIM IN WHICH A DISPUTE EXISTS REGARDING WHO WAS IN CONTROL OF THE
VEHICLE WHEN THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM, AND THE SHARED
VEHICLE OWNER'S PRIVATE MOTOR VEHICLE INSURER SHALL INDEMNIFY THE PEER-
A. 7422 5
TO-PEER CAR SHARING PROGRAM TO THE EXTENT OF ITS OBLIGATION UNDER THE
APPLICABLE INSURANCE POLICY, IF IT IS DETERMINED THAT THE LOSS OCCURRED
OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD.
(E) IN THE EVENT THAT THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE INSURER IS NAMED AS A DEFENDANT IN A
CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
PEER-TO-PEER CAR SHARING PERIOD, OR OTHERWISE UNDER THE CONTROL OF A
PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM
SHALL HAVE THE DUTY TO INDEMNIFY THE SHARED VEHICLE OWNER AND THE SHARED
VEHICLE OWNER'S INSURER SUBJECT TO THE PROVISIONS OF PARAGRAPH TWO OF
SUBSECTION (A) OF SECTION THREE THOUSAND FIVE HUNDRED ONE OF THIS ARTI-
CLE.
(F) A MOTOR VEHICLE LIABILITY INSURER WHO DEFENDS OR INDEMNIFIES A
CLAIM AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF ITS
POLICY SHALL HAVE THE RIGHT TO SEEK CONTRIBUTION AGAINST THE PEER-TO-
PEER CAR SHARING PROGRAM OR ITS INSURER IF THE CLAIM IS:
(1) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER
FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD; AND
(2) EXCLUDED UNDER THE TERMS OF ITS POLICY.
(G) A PEER-TO-PEER CAR SHARING PROGRAM MAY CONTRACTUALLY ASSUME THE
RISK OF LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING THE TIME
THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
ER OF PEER-TO-PEER CAR SHARING PROGRAM, AND THAT SUCH ASSUMPTION OF
RISK:
(1) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE; AND
(2) SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN SECTION TWO HUNDRED
TWENTY-H OF THE GENERAL BUSINESS LAW.
§ 3504. LIEN IMPLICATIONS; NOTIFICATION. WHEN A VEHICLE OWNER FIRST
REGISTERS AS A SHARED VEHICLE OWNER ON A PEER-TO-PEER CAR SHARING
PROGRAM AND PRIOR TO SUCH TIME AS WHEN THE SHARED VEHICLE OWNER MAKES A
SHARED VEHICLE AVAILABLE FOR PEER-TO-PEER CAR SHARING ON THE PEER-TO-
PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL
NOTIFY THE SHARED VEHICLE OWNER THAT, IF THE SHARED VEHICLE SHALL HAVE A
LIEN AGAINST IT, THE USE OF THE SHARED VEHICLE THROUGH A PEER-TO-PEER
CAR SHARING PROGRAM, INCLUDING USE WITHOUT PHYSICAL DAMAGE COVERAGE, MAY
VIOLATE THE TERMS OF THE CONTRACT WITH THE LIENHOLDER.
§ 3505. EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY INSURANCE
POLICY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
WHILE A SHARED VEHICLE IS USED BY OR UNDER THE CONTROL OF A SHARED VEHI-
CLE DRIVER PURSUANT TO THE PEER-TO-PEER CAR SHARING FACILITATED BY A
PEER-TO-PEER CAR SHARING PROGRAM, ALL OF THE FOLLOWING SHALL APPLY:
(1) THE INSURER OF THE SHARED VEHICLE ON FILE WITH THE DEPARTMENT OF
MOTOR VEHICLES MAY EXCLUDE ANY AND ALL COVERAGE FOR LIABILITY, UNIN-
SURED, UNDERINSURED, COLLISION PHYSICAL DAMAGE AND COMPREHENSIVE PHYS-
ICAL DAMAGE BENEFITS AND FIRST-PARTY BENEFITS THAT MAY OTHERWISE BE
AFFORDED PURSUANT TO ITS POLICY; AND
(2) THE SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER OR
INSURERS SHALL HAVE THE RIGHT TO NOTIFY THE INSURED THAT THERE IS NO
DUTY TO DEFEND OR INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY
FOR ANY LOSS THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERI-
OD.
(B) NOTHING IN THIS ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
INSURANCE POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE
FOR MOTOR VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSI-
NESS USE.
A. 7422 6
§ 3506. LIMITATIONS ON CANCELLATION OF COVERAGE. (A) ANY VEHICLE
OWNER'S POLICY OF INSURANCE WHICH IS SUBJECT TO SECTION THREE THOUSAND
FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER SHALL NOT BE CANCELLED, VOIDED,
TERMINATED, RESCINDED OR NON-RENEWED SOLELY ON THE BASIS THAT THE SHARED
VEHICLE HAS BEEN MADE AVAILABLE FOR PEER-TO-PEER CAR SHARING PURSUANT TO
A PEER-TO-PEER CAR SHARING PROGRAM THAT IS IN COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE, PROVIDED HOWEVER, THAT:
(1) THE PROVISIONS OF THIS SUBSECTION SHALL NOT PERTAIN TO NON-RENE-
WALS IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (F) OF SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER;
(2) AN INSURER MAY REFUSE TO ENROLL A SHARED VEHICLE IN A USAGE-BASED
INSURANCE PROGRAM, WHERE SUCH USAGE-BASED INSURANCE PROGRAM CONTINUALLY
MONITORS USAGE ELECTRONICALLY TO DETERMINE ACCELERATION, BRAKING, MILES
DRIVEN AND OTHER INDICIA OF DRIVING BEHAVIOR, IF THAT SHARED VEHICLE IS
USED IN A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS ARTICLE;
(3) AN INSURER MAY CANCEL OR NON-RENEW A POLICY THAT INSURES A SHARED
VEHICLE USED IN PEER-TO-PEER CAR SHARING, IF THAT SHARED VEHICLE IS
ENROLLED IN SUCH A USAGE-BASED INSURANCE PROGRAM; AND
(4) AN INSURER SHALL IMMEDIATELY OFFER THE INSURED A NEW POLICY WITH
THE SAME COVERAGES AND PRE-EXISTING RATES, BUT WITHOUT ENROLLMENT IN
SUCH USAGE-BASED INSURANCE PROGRAM.
(B) AN INSURER MAY LIMIT THE NUMBER OF VEHICLES WHICH SHALL BE MADE
AVAILABLE FOR SHARING THROUGH ANY COMBINATION OF PEER-TO-PEER CAR SHAR-
ING PROGRAMS THAT IT SHALL INSURE ON A SINGLE POLICY.
§ 3507. CONTRIBUTION AGAINST INDEMNIFICATION. A MOTOR VEHICLE INSURER
THAT SHALL DEFEND OR INDEMNIFY A CLAIM AGAINST A SHARED VEHICLE WHICH
SHALL BE EXCLUDED UNDER THE TERMS OF ITS POLICY SHALL HAVE THE RIGHT TO
SEEK CONTRIBUTION AGAINST THE MOTOR VEHICLE INSURER OF THE PEER-TO-PEER
CAR SHARING PROGRAM IF THE CLAIM IS BOTH:
(A) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER
FOR LOSS OR INJURY WHICH SHALL OCCUR DURING THE CAR SHARING PERIOD; AND
(B) EXCLUDED UNDER THE TERMS OF ITS POLICY.
§ 3508. INSURABLE INTEREST. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE AN
INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
ING PERIOD.
(B) NOTHING IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT TO
ENSURE FINANCIAL SECURITY PURSUANT TO THE PROVISIONS OF SUBSECTION (B)
OF SECTION THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE.
§ 3509. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS. (A) AN
INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE STATE MAY
ISSUE, OR ISSUE FOR DELIVERY IN THIS STATE, A GROUP POLICY OF LIABILITY
AND PROPERTY AND CASUALTY INSURANCE TO A PEER-TO-PEER CAR SHARING
PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING PROGRAM, SHARED VEHICLES
UNDER THE TERMS AND CONDITIONS OF PEER-TO-PEER CAR SHARING PROGRAM
AGREEMENTS, SHARED VEHICLE DRIVERS AND OCCUPANTS OF SHARED VEHICLES, AS
WELL AS THE PROGRAM'S AGENTS, EMPLOYEES, DIRECTORS, OFFICERS AND
ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
(1) SUCH POLICY SHALL PROVIDE FIRST PARTY COVERAGE, LIABILITY COVER-
AGE, PROPERTY COVERAGE, COMPREHENSIVE COVERAGE, COLLISION COVERAGE, AND
UNINSURED/UNDERINSURED MOTORIST COVERAGE FOR A SHARED VEHICLE AND ITS
AUTHORIZED OPERATORS AND OCCUPANTS FOR CLAIMS AND DAMAGES RESULTING FROM
THE USE OR OPERATION OF SUCH SHARED VEHICLE DURING THE PEER-TO-PEER CAR
SHARING PERIOD;
A. 7422 7
(2) SUCH POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE
AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED DRIVER OR ANY OTHER OPERA-
TOR OF THE SHARED VEHICLE;
(3) SUCH INSURER SHALL COMPLY WITH THE PROVISIONS OF SECTIONS THREE
HUNDRED TWELVE-A AND SECTION THREE HUNDRED THIRTEEN OF THE VEHICLE AND
TRAFFIC LAW; AND
(4) FOR THE PURPOSES OF GROUP INSURANCE WRITTEN UNDER THIS SECTION
ONLY, THE RATES CHARGED BY AN INSURER FOR GROUP LIABILITY INSURANCE AS
PROVIDED FOR IN THIS SECTION SHALL BE FILED WITH THE DEPARTMENT OF
FINANCIAL SERVICES ON A FILE AND USE BASIS.
(B) AN INSURER WHICH ISSUES AN INSURANCE POLICY DESCRIBED IN
SUBSECTION (A) OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
PEER-TO-PEER CAR SHARING PROGRAM AS THE NAMED INSURED, AND ANY SUCH
POLICY SHALL INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER
CAR SHARING PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
THE SHARED VEHICLE DRIVERS, AUTHORIZED OPERATORS AND OCCUPANTS ARE
INCLUDED AS INSUREDS UNDER THE POLICY TO THE SAME EXTENT THAT THEY WOULD
BE INSURED UNDER A PRIVATE PASSENGER MOTOR VEHICLE POLICY ISSUED PURSU-
ANT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER
AND SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
(C) A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (A) AND (B) OF THIS
SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE.
(D) AN INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO A PEER-
TO-PEER CAR SHARING PROGRAM AND TO SHARED VEHICLE OWNERS PARTICIPATING
IN THE PROGRAM, TO INSURE AGAINST LOSS DUE TO PHYSICAL DAMAGE TO SHARED
VEHICLES WHILE THE SHARED VEHICLES ARE IN THE CUSTODY OF SUCH PEER-TO-
PEER CAR SHARING PROGRAM OR A SHARED VEHICLE DRIVER. SUCH GROUP POLICY
SHALL PROVIDE PRIMARY COVERAGE FOR PHYSICAL DAMAGE LOSS EITHER BY COLLI-
SION COVERAGE, COMPREHENSIVE COVERAGE, OR BOTH, TO THE SHARED VEHICLE
WHILE IT SHALL BE IN THE CUSTODY OF THE PEER-TO-PEER CAR SHARING PROGRAM
OR SHARED VEHICLE DRIVER.
(E) IF THE GROUP COVERAGE PROVIDED FOR IN SUBSECTION (D) OF THIS
SECTION SHALL BE PLACED WITH AN ELIGIBLE EXCESS LINE INSURER, COMPLIANCE
WITH THE EXCESS LINE STATUTES AND REGULATIONS OF THIS STATE SHALL BE
PERFORMED WITH RESPECT TO THE GROUP AS A WHOLE AND NOT WITH RESPECT TO
INDIVIDUAL GROUP MEMBERS.
(F) AN INSURER WHO ISSUES A GROUP INSURANCE POLICY DESCRIBED IN
SUBSECTION (D) OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
PEER-TO-PEER CAR SHARING PROGRAM AS THE NAMED INSURED, AND ANY SUCH
POLICY SHALL INCLUDE A PROVISION THAT PROVIDES PRIMARY COVERAGE, WITHOUT
PRIOR NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-
PEER CAR SHARING PERIOD. SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT
CLAIMS SHALL BE ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED
TWELVE OF THIS CHAPTER, AND IT SHALL FURTHER INCLUDE PHYSICAL DAMAGE
COVERAGE FOR DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN
INCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL NO LESS
THAN THAT OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
(G) A GROUP POLICY, AS PROVIDED FOR IN SUBSECTIONS (D), (E), AND (F)
OF THIS SECTION, SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
(H) A GROUP POLICY, AS PROVIDED FOR IN THIS SECTION, SHALL NOT BE
DEPENDENT ON A PERSONAL MOTOR VEHICLE LIABILITY INSURER FIRST DENYING A
CLAIM, NOR SHALL A PERSONAL MOTOR VEHICLE INSURANCE POLICY BE REQUIRED
A. 7422 8
TO FIRST DENY A CLAIM BEFORE THE GROUP POLICY SHALL AFFORD COVERAGE
PURSUANT TO THIS SECTION.
§ 3. The general business law is amended by adding a new article 12-C
to read as follows:
ARTICLE 12-C
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 220. DEFINITIONS.
220-A. DISCLOSURES.
220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
220-C. RESPONSIBILITY FOR EQUIPMENT.
220-D. SAFETY RECALLS.
220-E. DISCRIMINATION BASED ON AGE PROHIBITED.
220-F. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP
PROHIBITED.
220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
220-I. RATE DISCLOSURES.
220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
220-K. GLOBAL POSITIONING SYSTEMS.
220-L. NOTICE.
220-M. ELECTRONIC NOTICE AUTHORIZED.
220-N. AIRPORT TRANSACTIONS.
220-O. ENFORCEMENT.
§ 220. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "PEER-TO-PEER CAR SHARING" SHALL MEAN THE AUTHORIZED USE OF A
SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
PEER-TO-PEER CAR SHARING PROGRAM.
2. "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL MEAN THE
INSTITUTION, AS DEFINED IN SECTION ONE HUNDRED SEVEN OF THE INSURANCE
LAW, SOLE PROPRIETORSHIP OR OTHER ENTITY OR PERSON THAT IS RESPONSIBLE
FOR OPERATING, FACILITATING OR ADMINISTERING THE MEANS, DIGITAL OR
OTHERWISE, BY WHICH A BUSINESS PLATFORM FACILITATES PEER-TO-PEER CAR
SHARING FOR FINANCIAL CONSIDERATION.
3. "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
4. "SHARED VEHICLE" SHALL MEAN A MOTOR VEHICLE, OWNED AND REGISTERED
TO AN INDIVIDUAL THAT IS INSURED OR SUBJECT TO BEING INSURED UNDER AN
OWNER'S POLICY OF MOTOR VEHICLE LIABILITY INSURANCE INSURING A SINGLE
INDIVIDUAL, OR INDIVIDUALS RESIDING IN THE SAME HOUSEHOLD AS THE NAMED
INSURED, THAT IS AVAILABLE FOR SHARING THROUGH A PEER-TO-PEER CAR SHAR-
ING PROGRAM.
5. "SHARED VEHICLE DRIVER" SHALL MEAN AN INDIVIDUAL WHO HAS BEEN
AUTHORIZED TO USE A SHARED VEHICLE UNDER A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT.
6. "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF A SHARED
VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM.
7. "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD OF
TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF
THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY
THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
8. "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE
DRIVER AT, OR AFTER, THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
A. 7422 9
SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO-PEER CAR
SHARING PROGRAM.
9. "PEER-TO-PEER CAR SHARING PERIOD" SHALL MEAN THE PERIOD OF TIME
THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING DELIVERY PERIOD
OR, IF THERE IS NO PEER-TO-PEER CAR SHARING DELIVERY PERIOD, THE PERIOD
OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING START TIME
AND IN EITHER CASE SHALL END AT THE PEER-TO-PEER CAR SHARING TERMINATION
TIME.
10. "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE TIME
WHEN THE SHARED VEHICLE IS EITHER RETURNED TO THE LOCATION DESIGNATED BY
THE SHARED VEHICLE OWNER THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, OR
THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S AUTHORIZED DESIG-
NEE SHALL TAKE POSSESSION AND CONTROL OF THE SHARED VEHICLE, AND THE
EARLIEST OF THE FOLLOWING OCCURS:
(A) THE EXPIRATION OF THE AGREED PERIOD OF TIME ESTABLISHED FOR THE
USE OF A SHARED VEHICLE IN THE GOVERNING PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT; OR
(B) THE INTENT TO TERMINATE THE USE OF THE SHARED VEHICLE IS VERIFI-
ABLY COMMUNICATED BY THE SHARED VEHICLE DRIVER TO THE SHARED VEHICLE
OWNER USING THE PEER-TO-PEER CAR SHARING PROGRAM.
11. "OPTIONAL VEHICLE PROTECTION" SHALL:
(A) MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT NOT TO HOLD A
SHARED VEHICLE DRIVER LIABLE FOR ALL OR PART OF ANY DAMAGE OR LOSS TO
THE SHARED VEHICLE, ANY LOSS OF USE OF THE SHARED VEHICLE, OR ANY STOR-
AGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARGES FOR WHICH A SHARED VEHI-
CLE DRIVER MAY BE LIABLE.
(B) ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE USED
IN THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED TO,
"COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
"LDW", AND "PHYSICAL DAMAGE WAIVER".
12. "MANUFACTURER'S SUGGESTED RETAIL PRICE" SHALL MEAN THE RETAIL
PRICE OF THE MOTOR VEHICLE SUGGESTED BY THE MANUFACTURER IN ACCORDANCE
WITH THE REQUIREMENTS OF FEDERAL LAW.
13. "SHARED VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, PROVIDED
HOWEVER, FOR THE PURPOSES OF THIS SECTION, IT SHALL NOT INCLUDE MOTOR
VEHICLES DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY.
§ 220-A. DISCLOSURES. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
MADE IN THE STATE SHALL DISCLOSE TO THE SHARED VEHICLE OWNER AND THE
SHARED VEHICLE DRIVER:
1. ANY RIGHT OF THE PEER-TO-PEER CAR SHARING PROGRAM TO SEEK INDEMNI-
FICATION FROM THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER FOR
ECONOMIC LOSS SUSTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM, RESULT-
ING FROM A BREACH OF THE TERMS AND CONDITIONS OF THE CAR SHARING PROGRAM
AGREEMENT;
2. THAT A MOTOR VEHICLE LIABILITY INSURANCE POLICY ISSUED TO THE
SHARED VEHICLE OWNER FOR THE SHARED VEHICLE OR TO THE SHARED VEHICLE
DRIVER SHALL NOT PROVIDE A DEFENSE OR INDEMNIFICATION FOR ANY CLAIM
ASSERTED BY THE PEER-TO-PEER CAR SHARING PROGRAM;
3. THAT THE PEER-TO-PEER CAR SHARING PROGRAM'S INSURANCE COVERAGE ON
THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER SHALL BE IN
EFFECT ONLY DURING EACH CAR SHARING PERIOD AND THAT, FOR ANY USE OF THE
SHARED VEHICLE BY THE SHARED VEHICLE DRIVER AFTER THE CAR SHARING TERMI-
NATION TIME, THE SHARED VEHICLE DRIVER AND THE SHARED VEHICLE OWNER
SHALL NOT HAVE INSURANCE COVERAGE;
A. 7422 10
4. THE DAILY RATE, FEES, AND, IF APPLICABLE, ANY INSURANCE OR
PROTECTION PACKAGE COSTS THAT SHALL BE CHARGED TO THE SHARED VEHICLE
OWNER OR THE SHARED VEHICLE DRIVER;
5. THAT THE SHARED VEHICLE OWNER'S MOTOR VEHICLE LIABILITY INSURANCE
SHALL NOT PROVIDE COVERAGE FOR A SHARED VEHICLE; AND
6. AN EMERGENCY TELEPHONE NUMBER TO CONTACT PERSONNEL CAPABLE OF
FIELDING ROADSIDE ASSISTANCE AND OTHER CUSTOMER SERVICE INQUIRIES.
§ 220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL OPERATE THE
SHARED VEHICLE:
(A) HOLDS A VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIV-
ER TO OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
(B) IS A NONRESIDENT WHO:
(I) HOLDS A VALID DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF
THE DRIVER'S RESIDENCE WHICH AUTHORIZES THE DRIVER IN SUCH STATE OR
COUNTRY TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE; AND
(II) IS THE AGE REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS
OF VEHICLE; OR
(C) IS OTHERWISE SPECIFICALLY AUTHORIZED BY A VALID LICENSE TO OPERATE
VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
(A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
(B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE OF THE SHARED
VEHICLE DRIVER AND EACH OTHER PERSON, IF ANY, WHO SHALL OPERATE THE
SHARED VEHICLE; AND
(C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S LICENSE FOR EACH
SUCH VEHICLE OPERATOR.
§ 220-C. RESPONSIBILITY FOR EQUIPMENT. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR ANY EQUIPMENT, SUCH AS A
GLOBAL POSITIONING SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT WHICH IS
PUT IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER CAR
SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE
SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
THE PEER-TO-PEER CAR SHARING PERIOD NOT CAUSED BY SUCH SHARED VEHICLE
OWNER. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE THE RIGHT TO SEEK
INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR DAMAGE TO SUCH
EQUIPMENT THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
§ 220-D. SAFETY RECALLS. 1. WHEN A SHARED VEHICLE OWNER INITIALLY
SHALL REGISTER A VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM, AND
PRIOR TO THE TIME WHEN THE SHARED VEHICLE OWNER SHALL MAKE A SHARED
VEHICLE AVAILABLE FOR CAR SHARING ON THE PEER-TO-PEER CAR SHARING
PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL:
(A) VERIFY THAT SUCH SHARED VEHICLE IS NOT SUBJECT TO ANY OPEN SAFETY
RECALLS FOR WHICH THE RECALL REPAIR HAS NOT BEEN MADE; AND
(B) NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
VISION THREE OF THIS SECTION.
2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL ROUTINELY, AND IN NO CASE
LESS FREQUENTLY THAN ONCE IN EACH FORTY-EIGHT HOUR PERIOD, VERIFY THAT
SHARED VEHICLES AVAILABLE FOR USE THROUGH THE PROGRAM SHALL NOT BE
SUBJECT TO OPEN SAFETY RECALLS. IF A SHARED VEHICLE AVAILABLE FOR USE
THROUGH THE PROGRAM IS DETERMINED TO BE SUBJECT TO AN OPEN SAFETY
RECALL, THE PEER-TO-PEER CAR SHARING COMPANY SHALL IMMEDIATELY REMOVE
THE SHARED VEHICLE FROM THE PROGRAM UNTIL SUCH TIME AS THE SHARED VEHI-
CLE OWNER CAN DEMONSTRATE THAT THE NECESSARY RECALL REPAIR HAS BEEN
MADE.
A. 7422 11
3. (A) IF A NOTICE OF A SAFETY RECALL HAS BEEN ISSUED BY AN AUTOMOBILE
MANUFACTURER ON THE SHARED VEHICLE, AND SUCH NOTICE IS ISSUED IN COMPLI-
ANCE WITH FEDERAL LAW, IT SHALL BE PRESUMED, FOR THE PURPOSES OF THIS
SECTION, THAT THE SHARED VEHICLE OWNER SHALL HAVE RECEIVED NOTICE OF
SUCH RECALL.
(B) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE, SUCH SHARED VEHICLE OWNER SHALL NOT MAKE SUCH VEHI-
CLE AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM
UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(C) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A PEER-TO-
PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER SHALL REMOVE THE
SHARED VEHICLE FROM SUCH PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS
PRACTICABLE, AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER RECEIPT
OF SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL THE
NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
(D) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF A
SHARED VEHICLE DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-
TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
BLE, AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF SUCH
NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
VEHICLE CAN BE REMOVED FROM THE PEER-TO-PEER CAR SHARING PROGRAM UNTIL
THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
§ 220-E. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAW-
FUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A
SHARED VEHICLE AVAILABLE TO ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER
SOLELY ON THE BASIS OF AGE, PROVIDED THAT INSURANCE COVERAGE FOR PERSONS
OF SUCH AGE IS AVAILABLE. ANY ACTUAL COST FOR INSURANCE RELATED TO THE
AGE OF THE SHARED DRIVER MAY BE PASSED ON TO SUCH PERSON.
2. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS.
§ 220-F. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP PROHIB-
ITED. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCI-
ATION OR CORPORATION ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING
TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON SOLELY ON THE
REQUIREMENT OF OWNERSHIP OF A CREDIT CARD.
2. FOR THE PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL MEAN ANY
CREDIT CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD OR
DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
EOF, AND MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE, LOAN, OR
CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
§ 220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED. 1. NO
PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED IN THE
BUSINESS OF PEER-TO-PEER CAR SHARING SHALL REFUSE TO MAKE A SHARED VEHI-
CLE AVAILABLE TO ANY PERSON OTHERWISE QUALIFIED BECAUSE OF RACE, COLOR,
ETHNIC ORIGIN, RELIGION, DISABILITY, OR SEX.
2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED
IN PEER-TO-PEER CAR SHARING FOUND BY A COURT OF COMPETENT JURISDICTION
TO HAVE VIOLATED A PROVISION OF THIS SECTION SHALL BE SUBJECT TO A
PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE HUNDRED
DOLLARS FOR EACH VIOLATION.
A. 7422 12
3. (A) IF A PEER-TO-PEER CAR SHARING PROGRAM SHALL ENGAGE IN A
PERSISTENT OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES
AGAINST ANY INDIVIDUAL BASED ON SUCH INDIVIDUAL'S RACE, COLOR, ETHNIC
ORIGIN, RELIGION, DISABILITY, OR SEX OR MEMBERSHIP IN AN OTHERWISE
PROTECTED CLASS PURSUANT TO FEDERAL LAW, THE ATTORNEY GENERAL MAY APPLY,
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT
OF THE STATE OF NEW YORK, ON FIVE-DAY'S NOTICE, FOR AN ORDER ENJOINING
THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECTING RESTITUTION AND
DAMAGES. IN ANY SUCH PROCEEDING, THE ATTORNEY GENERAL MAY SEEK A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER VIOLATION AND MAY
RECOVER COSTS PURSUANT TO PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
(B) THE TERM "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
(C) THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT BUSINESS ACTIVITY OR CONDUCT
WHICH SHALL AFFECT MORE THAN ONE PERSON.
(D) THE TERM "BUSINESS ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
ING PROGRAM.
(E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING UNDER THIS
SECTION, SUCH AUTHORIZATION SHALL NOT TERMINATE DUE TO SUCH ACTION OR
PROCEEDING BEING BROUGHT.
§ 220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I) A PEER-
TO-PEER CAR SHARING PROGRAM SHALL NOT CHARGE MORE THAN THE FOLLOWING
AMOUNTS BASED ON A FULL OR PARTIAL TWENTY-FOUR HOUR DAY FOR OPTIONAL
VEHICLE PROTECTION:
(A) NINE DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE
SHARED VEHICLE IS NOT GREATER THAN TWENTY THOUSAND DOLLARS;
(B) TWELVE DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE
SHARED VEHICLE IS GREATER THAN TWENTY THOUSAND DOLLARS BUT NOT GREATER
THAN THIRTY-FIVE THOUSAND DOLLARS; AND
(C) FIFTEEN DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF
THE SHARED VEHICLE IS GREATER THAN THIRTY-FIVE THOUSAND DOLLARS BUT NOT
GREATER THAN FIFTY THOUSAND DOLLARS.
(II) THE AMOUNT THAT MAY BE CHARGED FOR A SHARED VEHICLE WITH A
MANUFACTURER'S SUGGESTED VALUE OF GREATER THAN FIFTY THOUSAND DOLLARS
SHALL NOT BE SUBJECT TO A MAXIMUM DOLLAR AMOUNT BUT SHALL BE SUBJECT TO
THE FAIR MARKET VALUE AS DETERMINED BY THE PEER-TO-PEER CAR SHARING
PROGRAM OR SHARED VEHICLE OWNER.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
PROTECTION UNLESS THE SHARED VEHICLE DRIVER AGREES TO THE PURCHASE OF
SUCH PROTECTION IN WRITING AT OR PRIOR TO THE TIME THE PEER-TO-PEER CAR
SHARING AGREEMENT IS EXECUTED.
(C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
PROTECTION EXCEPT FOR ONE OR MORE OF THE FOLLOWING REASONS:
(I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
(II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S OPERATION OF THE
VEHICLE WHILE INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS;
A. 7422 13
(III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-
PEER CAR SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE
INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
(IV) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE VEHICLE WHILE
ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
(V) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE TO
CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING, WHILE
ENGAGED IN A SPEED CONTEST, OPERATING OFF-ROAD, OR FOR DRIVER'S TRAIN-
ING;
(VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED VEHI-
CLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW
OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT OR PARENT-IN-
LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND RESIDES IN THE
SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A PARKING VALET OR
PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE NORMAL COURSE OF
EMPLOYMENT;
(VII) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN THAT USE IS NOT SPECIF-
ICALLY AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
(VIII) THE SHARED VEHICLE DRIVER OR HIS OR HER CHILD OVER THE AGE OF
EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER HAVE
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
(D) A SHARED DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION AT NO CHARGE
WITHIN TWENTY-FOUR HOURS OF PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS
ENTERED INTO A PEER-TO-PEER CAR SHARING AGREEMENT WITH A TERM OF TWO OR
MORE DAYS, (II) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER
TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION, AND (III)
SIGNS A CANCELLATION FORM PROVIDED BY THE PEER-TO-PEER CAR SHARING
PROGRAM.
(E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY PROSPECTIVELY
TERMINATE OPTIONAL VEHICLE PROTECTION AT ANY TIME, PROVIDED THE CUSTOM-
ER: (I) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER WITH
THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; (II) VOIDS THE OPTIONAL
VEHICLE PROTECTION IN WRITING; AND (III) PAYS THE OPTIONAL VEHICLE
PROTECTION CHARGE FOR ANY FULL OR PARTIAL DAY OR PORTION OF A DAY DURING
WHICH THE OPTIONAL VEHICLE PROTECTION WAS IN EFFECT.
2. SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT OF
THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
CLE DRIVER LIABLE FOR ACTUAL DAMAGE TO, OR LOSS OF, A SHARED VEHICLE,
PROVIDED THAT:
(A) ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL INSPECTION
AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
(B) ANY CHARGE FOR REPAIR OF SUCH DAMAGE SHALL BE LIMITED TO ACTUAL
AND REASONABLE COSTS AND SHALL BE ASSESSED AND BILLED SEPARATELY AND
APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
CONSPICUOUSLY, IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE ADVERTISED
COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
TO THE SHARED VEHICLE DRIVER, THAT THE PURCHASE OF SUCH PROTECTION IS
OPTIONAL, AND THAT PROSPECTIVE SHARED VEHICLE DRIVERS SHOULD EXAMINE
THEIR CREDIT CARD PROTECTIONS AND AUTOMOBILE INSURANCE POLICIES FOR
COVERAGE.
A. 7422 14
(B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
BY THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
FONT.
(C) WHEN THE WEBSITE OF A PEER-TO-PEER CAR SHARING PROGRAM OR THE
VIDEO PRESENTATION OF A TELEVISION OR INTERNET ADVERTISEMENT BY SUCH
PEER-TO-PEER CAR SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT OF THE
COST OF A SHARED VEHICLE, THE DEPICTION OF SUCH COST OF THE OPTIONAL
VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
(D) WHEN A RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION OF A TELE-
VISION ADVERTISEMENT CONTAINS THE STATEMENT OF THE COST OF A SHARED
VEHICLE, THE ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY BE ACCOMPA-
NIED BY AN ORAL STATEMENT OF THE COST OF THE OPTIONAL VEHICLE
PROTECTION.
(E) WHEN A TELEPHONE, INTERNET OR OTHER INQUIRY FOR THE COST OF A
SHARED VEHICLE IS MADE TO A PEER-TO-PEER CAR SHARING PROGRAM WHICH
INVOLVES AN INTERACTION WITH A REPRESENTATIVE OF A PEER-TO-PEER CAR
SHARING PROGRAM, THE REPRESENTATIVE OF SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL, IN RESPONSE TO THE INQUIRY, ADVISE THAT ADDITIONAL
OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL PROVIDE
THE COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
OF SUCH PROTECTION IS OPTIONAL AND THAT THE SHARED VEHICLE DRIVER'S
PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
(F) ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON THE
FOLLOWING INFORMATION ON ITS WEBSITE:
"NOTICES
THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS AND OBLI-
GATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR SHARING
AGREEMENT.
OPTIONAL VEHICLE PROTECTION (OVP): THIS CONTRACT OFFERS, FOR AN ADDI-
TIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
LOSS TO THE SHARED VEHICLE. OVP IS ALSO COMMONLY REFERRED TO AS A
"COLLISION DAMAGE WAIVER". THE PURCHASE OF OVP IS OPTIONAL AND MAY BE
DECLINED. BEFORE DECIDING WHETHER TO PURCHASE OVP, YOU MAY WISH TO
DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE INSURANCE MAINTAINED
BY YOURSELF OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS YOU ANY COVERAGE FOR
DAMAGE TO THE SHARED VEHICLE, AND THE AMOUNT OF DEDUCTIBLE UNDER ANY
SUCH COVERAGE.
OVP - WHEN VOID: OVP IS VOID AND SHALL NOT APPLY TO THE FOLLOWING SITU-
ATIONS:
1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE SHARED VEHICLE
DRIVER'S INTENTIONAL ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED OR UNLAW-
FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
2. THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION
SUPPLIED BY THE SHARED VEHICLE DRIVER;
3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
(A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
INFRACTION;
A. 7422 15
(B) TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING,
WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S
TRAINING;
(C) BY A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
SHARED VEHICLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR
PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT
OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND
RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE
NORMAL COURSE OF EMPLOYMENT;
(D) OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN NOT SPECIFICALLY
AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
(E) WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER CHILD OVER THE AGE
OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED VEHICLE DRIVER
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN LAW.
OVP - DAMAGE REPORTING REQUIREMENTS: IF THE SHARED VEHICLE SUSTAINS
DAMAGE OR LOSS, THE SHARED VEHICLE DRIVER IS REQUIRED TO COMPLETE AND
RETURN AN INCIDENT REPORT NOTICE TO THE PEER-TO-PEER CAR SHARING
PROGRAM.
OVP - RIGHT TO INSPECT VEHICLE DAMAGES: THE SHARED VEHICLE DRIVER AND
HIS OR HER INSURER HAVE THE RIGHT TO REQUEST AN INSPECTION OF THE SHARED
VEHICLE DAMAGES WITHIN SEVENTY-TWO HOURS OF THE RETURN OF THE VEHICLE.
FAILURE OF THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER TO REQUEST
SUCH INSPECTION WITHIN SEVENTY-TWO HOURS OF RETURN SHALL BE DEEMED A
WAIVER OF SUCH PERSON OR ENTITY'S RIGHT TO INSPECT THE DAMAGED VEHICLE.
THEFT OF THE SHARED VEHICLE: IF THE SHARED VEHICLE IS STOLEN DURING THE
TERM OF A PEER-TO-PEER CAR SHARING AGREEMENT, A SHARED VEHICLE DRIVER
MUST REPORT THE THEFT OF THE SHARED VEHICLE TO THE PEER-TO-PEER CAR
SHARING PROGRAM AND A LAW ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF
LEARNING OF SUCH THEFT."
(G) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE OF THE
PEER-TO-PEER CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT PROVIDED TO THE
SHARED VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT:
"NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL
VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
LOSS TO THE SHARED VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION
IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER
WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE COVERAGE PROVIDED BY
YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY THAT WILL COVER THE
SHARED VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE
PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR
VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED VEHICLE
AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
(H) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
FACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND, IN PLAIN
LANGUAGE, THE CONDITIONS AND EXCLUSIONS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
CLE OWNER OR THE PEER-TO-PEER CAR SHARING PROGRAM OF DAMAGE TO THE
SHARED VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM SUCH
SHARED VEHICLE DRIVER OF HIS OR HER RIGHT TO INSPECT THE VEHICLE, AND
THE PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS (B)
AND (C) OF SUBDIVISION FIVE OF THIS SECTION.
A. 7422 16
4. (A) UPON IDENTIFICATION OF DAMAGE BY THE SHARED VEHICLE OWNER OR
PEER-TO-PEER CAR SHARING PROGRAM AT THE TIME OF RETURN OF THE SHARED
VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
IN TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE SHARED
VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
THE SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND A
NOTICE, PURSUANT TO THIS PARAGRAPH, OF THE OBLIGATION OF THE SHARED
VEHICLE DRIVER TO EXECUTE AND RETURN TO THE PEER-TO-PEER CAR SHARING
PROGRAM A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE IS RETURNED BY AUTO-
MATION, RETURNED AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
OR PEER-TO-PEER CAR SHARING PROGRAM, SUCH INCIDENT REPORT FORM AND
NOTICE SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN
A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
OF SIX YEARS.
(B) WITHIN SEVENTY-TWO HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER MUST
NOTIFY OR SEND NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM THAT
EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR SEND
A REQUEST FOR THIS INSPECTION WITHIN THE SEVENTY-TWO-HOUR PERIOD, HE,
SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
(C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
RETURN THE INCIDENT REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER THAN
TEN DAYS AFTER THE MAILING OF NOTIFICATION PURSUANT TO SUCH PARAGRAPH
(A), MAIL ANOTHER COPY OF THE INCIDENT REPORT TOGETHER WITH A LETTER
STATING THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE FAILED
TO COMPLETE AND RETURN THE INCIDENT REPORT. SUCH MAILING SHALL BE BY
OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
AND ANOTHER COPY OF SUCH NOTIFICATION BY REGULAR MAIL, WITH PROOF OF
MAILING BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST OFFICE.
WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
SHARED VEHICLE DRIVER OR HIS OR HER INSURER, THE INSPECTION SHALL BE
COMPLETED WITHIN SEVEN DAYS OF SUCH REQUEST. IF THE PEER-TO-PEER CAR
SHARING PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND
SUBJECT TO SALVAGE, SUCH SEVENTY-TWO HOUR PERIOD FOR NOTIFICATION OR
WAIVER OF THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN BUSINESS
DAYS FROM THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION FROM THE
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION TO INSPECT THE DAMAGED VEHICLE, UNLESS THE PEER-TO-PEER CAR
SHARING PROGRAM AGREES TO PROVIDE ACCESS TO SUCH DAMAGED VEHICLE BEYOND
THE TEN BUSINESS DAYS PROVIDED HEREIN. WITHIN THE LIMITS PROVIDED IN
THIS PARAGRAPH, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL IDENTIFY THE
REPAIRER OF, AND PROVIDE ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
VERIFY THE NATURE AND EXTENT OF DAMAGES, REPAIRS AND REPAIR COSTS,
AND/OR REPAIR ESTIMATES.
(D) ALL NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS AS DESIGNATED
BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.
A. 7422 17
(E) THE SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS OF
THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
(F) THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE IN AT LEAST
TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT WITHIN
TEN DAYS OF RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
LIABLE FOR DAMAGES SUSTAINED TO THE SHARED VEHICLE. EXCEPT WHERE THE
DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
FROM THE RETURN OR RECOVERY OF THE VEHICLE TO NOTIFY THE PEER-TO-PEER
CAR SHARING PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
CLE. THE INSPECTION MUST BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF THE
REQUEST TO INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER OR
HIS OR HER INSURER REQUESTING SUCH INSPECTION WITHIN THE SEVENTY-TWO-
HOUR PERIOD, THE SHARED VEHICLE DRIVER AND HIS OR HER INSURER WILL BE
DEEMED TO HAVE WAIVED THIS RIGHT. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
SALVAGE, SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF THE
WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH RIGHT TO
INSPECT THE DAMAGED VEHICLE SHALL EXPIRE TEN BUSINESS DAYS FROM THE
SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
SHARING COMPANY. UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR
HER INSURER, WE WILL PROVIDE A COPY OF THE PROFESSIONAL ESTIMATE OF THE
COSTS OF REPAIRING THE DAMAGED MOTOR VEHICLE." INFORMATION THAT IS
PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL SATISFY ANY
REPORTING OBLIGATION OF A SHARED VEHICLE DRIVER IF SUCH RESPONSE
SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM OF LOSS, SAME SHALL BE
REQUESTED OF THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
(G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING SHALL
CONSTITUTE AN "INCIDENT REPORT FORM":
(A) A MOTOR VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
(B) ANY SIMILAR APPROPRIATE FORM FURNISHED BY THE PEER-TO-PEER CAR
SHARING PROGRAM.
(II) AN INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH:
(A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH A REQUEST
THAT HE OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
(B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS A FILL-IN FORM ON THE
PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
ER SHALL BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS SUBDI-
VISION.
(H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
HE OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED BY PARAGRAPH (B) OF
THIS SUBDIVISION.
A. 7422 18
(I) THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT REPORT
FORM, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF OF MAILING BY
PRODUCTION OF A CERTIFICATE OF MAILING. IF SUCH SHARED VEHICLE DRIVER
SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED INCIDENT REPORT
WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
SUBDIVISION SHALL BE DEEMED SATISFIED.
5. (A) A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME THE
SHARED VEHICLE IS UNDER THE PEER-TO-PEER CAR SHARING AGREEMENT;
PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE FOR
ANY NORMAL WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION OF
THE CONDITION OF THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE OF
THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
TIME THE SHARED VEHICLE IS SUBJECT TO THE PEER-TO-PEER CAR SHARING
AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE COSTS" SHALL MEAN THE
COST TO REPAIR THE SHARED VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND SHALL
INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.
(B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
LESSER OF:
(I) THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR SHARING
PROGRAM INCURRED TO REPAIR THE MOTOR VEHICLE OR THAT THE PEER-TO-PEER
CAR SHARING PROGRAM WOULD HAVE INCURRED IF THE MOTOR VEHICLE HAD BEEN
REPAIRED, WHICH SHALL REFLECT ANY DISCOUNTS, PRICE REDUCTIONS, OR
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
(II) THE FAIR MARKET VALUE OF THE SHARED VEHICLE IMMEDIATELY BEFORE
THE DAMAGE OCCURRED, AS DETERMINED IN THE APPLICABLE MARKET FOR THE
RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
(C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR LOSS OF A SHARED VEHICLE SHALL NOT EXCEED
REASONABLE COSTS INCURRED BY THE PEER-TO-PEER CAR SHARING PROGRAM FOR
SUCH LOSS DUE TO THEFT OF SUCH SHARED VEHICLE UP TO ITS FAIR MARKET
VALUE, AS DETERMINED BY THE APPLICABLE MARKET FOR THE RETAIL SALE OF
SUCH VEHICLE IF IT IS ESTABLISHED THAT SUCH SHARED VEHICLE DRIVER FAILED
TO EXERCISE REASONABLE CARE OR THAT SUCH SHARED VEHICLE DRIVER COMMIT-
TED, OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT OF SUCH SHARED
VEHICLE.
(D) DAMAGES INCURRED FOR THE LOSS OF USE OF A SHARED VEHICLE AND
RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
CLE DRIVER OR HIS OR HER INSURER.
(E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
DRIVER LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING PROGRAM
RECOVERS FROM ANY OTHER PARTY.
(F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
THE PEER-TO-PEER CAR SHARING PROGRAM:
A. 7422 19
(I) OBTAINS AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER IN THE
BUSINESS OF PROVIDING SUCH APPRAISALS REGARDING THE COST OF REPAIRING
SUCH SHARED VEHICLE;
(II) PROVIDES A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH SHARED
VEHICLE DRIVER; AND
(III) SUBMITS A COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
(G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM DAMAGE OR
LOSS TO A SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR COLLECT ANY CLAIM
FOR PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
(B) OF THIS SUBDIVISION.
(H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE POLICY
OF THE DRIVER OF A SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
PEER-TO-PEER CAR SHARING PROGRAM SUBMIT ANY CLAIMS TO SUCH DRIVER'S
INSURANCE CARRIER. UPON THE REQUEST OF A SHARED VEHICLE DRIVER, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO SUCH DRIV-
ER'S INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS THAT IT SHALL NOT NEGOTIATE WITH SUCH DRIVER'S INSURANCE
CARRIER.
6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
SECURITY, DEPOSIT, OR PAYMENT FOR DAMAGE IN ANY FORM, BY CREDIT CARD,
DEBIT CARD OR OTHERWISE, OR REPORT THE DEBT TO ANY CONSUMER REPORTING
AGENCY, AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED EIGHTY-A
OF THIS CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING AGREE-
MENT, PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
IN A COURT OF COMPETENT JURISDICTION.
(B) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR AN
ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
DRIVER, IN ANY FORM, FOR DAMAGES TO A SHARED VEHICLE WHICH IS IN THE
SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
(C) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
RETURN OR RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION, UNTIL AFTER
THE COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS AGREED
TO BETWEEN SUCH PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE
DRIVER OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR SHAR-
ING AGREEMENT PROVISIONS CONSISTENT WITH LAW AND THE RIGHTS AND OBLI-
GATIONS SET FORTH IN THIS SECTION; PROVIDED, HOWEVER, THAT A PEER-TO-
PEER CAR SHARING PROGRAM IS NOT PRECLUDED FROM PRESENTING A CLAIM TO A
SHARED VEHICLE DRIVER AND HIS OR HER INSURER PURSUANT TO OTHER
PROVISIONS OF THIS SECTION.
(D) CAUSES OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE APPROPRIATE, BE
COMMENCED BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED A DEMAND
LETTER. A DEMAND LETTER SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND POST OFFICE
ADDRESS OF SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME WHEN, THE PLACE
WHERE AND THE MANNER IN WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT
A. 7422 20
KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS DISCOVERED BY THE
SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED, ACCOMPANIED
BY SUPPORTING DOCUMENTATION, SUCH AS REPAIR BILLS, INVOICES AND ESTI-
MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED UPON SUCH SHARED VEHICLE
DRIVER AND HIS OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
NOTHING CONTAINED HEREIN SHALL PROHIBIT A PEER-TO-PEER CAR SHARING
PROGRAM AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE MATTER TO ARBI-
TRATION OR MEDIATION.
7. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
DRIVER LIABLE FOR ANY DAMAGE TO, OR LOSS OF, A SHARED VEHICLE, AS
PROVIDED BY THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN AT
LEAST TWELVE POINT BOLD FACE DISPLAY, THE NATURE AND EXTENT OF SUCH
LIABILITY AND SUCH DRIVER'S RIGHTS AND RESPONSIBILITIES PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (G) OF
SUBDIVISION THREE OF THIS SECTION.
8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE TO THE PEER-TO-PEER
CAR SHARING PLATFORM AND APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN
TWELVE HOURS OF LEARNING OF THE THEFT OF A SHARED VEHICLE.
§ 220-I. RATE DISCLOSURES. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL
ADVERTISE OR QUOTE A RATE THAT DOES NOT INCLUDE ALL CHARGES, EXCEPT
TAXES OR OPTIONAL ITEMS AND/OR SERVICES OR ANY MILEAGE CHARGE, WHICH THE
SHARED VEHICLE DRIVER MUST PAY TO OBTAIN ACCESS TO THE VEHICLE.
§ 220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT SHALL BE UNLAWFUL
FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
ING PRACTICES SOLELY ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE
RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A PEER-
TO-PEER CAR SHARING AGREEMENT:
1. REFUSING TO ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
PROGRAM;
2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR SHARING OF A
SHARED VEHICLE; OR
3. IMPOSING ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
§ 220-K. GLOBAL POSITIONING SYSTEMS. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT USE INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM
TECHNOLOGY TO DETERMINE OR IMPOSE ANY COSTS, FEES, CHARGES, OR PENALTIES
ON A SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF A SHARED VEHICLE.
THE USE OF GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF
SUCH PEER-TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR
PENALTIES TO RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR STOLEN. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR
SUPERSEDE ANY OTHER PROVISION OF LAW.
§ 220-L. NOTICE. IN ACCORDANCE WITH ANY APPLICABLE FEDERAL LAW OR
RULE, EVERY PEER-TO-PEER CAR SHARING PROGRAM SHALL DISPLAY THE FOLLOWING
NOTICE PROMINENTLY AND IN A CLEAR AND CONSPICUOUS LOCATION ON ITS
WEBSITE, WITH LETTERING THAT IS LEGIBLE:
"NOTICE: NEW YORK STATE LAW PROHIBITS THE FOLLOWING PRACTICES BY PEER-
TO-PEER CAR SHARING PROGRAMS BASED UPON RACE, COLOR, ETHNIC ORIGIN,
RELIGION, DISABILITY, SEX, MARITAL STATUS, OR AGE: (1) REFUSAL TO ALLOW
PARTICIPATION IN A PEER-TO-PEER CAR SHARING PROGRAM; AND (2) THE IMPOSI-
TION OF ANY ADDITIONAL CHARGE (EXCEPT IN CERTAIN INSTANCES WHERE THE
A. 7422 21
SHARED VEHICLE DRIVER IS UNDER THE AGE OF 25). IN ADDITION, IT IS UNLAW-
FUL FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO REFUSE TO ALLOW PARTIC-
IPATION IN THE PROGRAM TO ANY PERSON SOLELY ON THE REQUIREMENT OF OWNER-
SHIP OF A CREDIT CARD."
§ 220-M. ELECTRONIC NOTICE AUTHORIZED. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE, ANY NOTICE OR DISCLOSURE OF GENERAL APPLICA-
BILITY REQUIRED TO BE PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE
AVAILABLE BY A PEER-TO-PEER SHARING PROGRAM PURSUANT TO ANY PROVISION OF
THIS ARTICLE SHALL ALSO BE DEEMED TIMELY AND EFFECTIVELY MADE WHERE SUCH
NOTICE OR DISCLOSURE IS PROVIDED OR DELIVERED ELECTRONICALLY TO THE
SHARED VEHICLE OWNER AND/OR DRIVER AT OR BEFORE THE TIME REQUIRED,
PROVIDED THAT SUCH SHARED VEHICLE OWNER AND/OR DRIVER HAS GIVEN HIS OR
HER EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR DISCLOSURE IN SUCH A
MANNER.
2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY BE DEEMED A VALID
FORM OF ACCEPTANCE OF ANY SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS ACCEPTANCE IS AFFIRMATIVELY
WITHDRAWN BY SUCH SHARED VEHICLE DRIVER. NOTICES AND DISCLOSURES MADE
ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM ANY
PLACEMENT OR STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
TO LOCATION, FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED
DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
MANNER.
§ 220-N. AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT
NOT LIMITED TO THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING COMMERCE
AT SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR SHAR-
ING PROGRAM ENTER INTO AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-
PEER CAR SHARING PROGRAM SHALL ENTER INTO A WRITTEN AGREEMENT PRIOR TO
ENABLING PEER-TO-PEER CAR SHARING TO BE:
1. ADVERTISED AS, OR OTHERWISE MADE, AVAILABLE AT THE AIRPORT LOCATION
THROUGH THE PEER-TO-PEER CAR SHARING PROGRAM; OR
2. FACILITATED THROUGH ITS PEER-TO-PEER CAR SHARING PROGRAM, WHERE THE
PEER-TO-PEER CAR SHARING PERIOD COMMENCES AT THE AIRPORT.
§ 220-O. ENFORCEMENT. 1. EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE, ANY PEER-TO-
PEER CAR SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
FOR EACH VIOLATION.
2. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH PEER-TO-PEER
CAR SHARING PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
THE CONTINUANCE OF SUCH VIOLATIONS.
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
(C) IN ANY PROCEEDING AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
(D) IN SUPPORT OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
A. 7422 22
3. ANY CLAUSE OR PROVISION OF A PEER-TO-PEER CAR SHARING AGREEMENT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
AGAINST PUBLIC POLICY.
§ 4. Section 1160 of the tax law, as added by chapter 190 of the laws
of 1990, paragraph 1 of subdivision a as amended by section 1 and para-
graph 2 of subdivision a as amended by section 2 of part R1 of chapter
57 of the laws of 2009, is amended to read as follows:
§ 1160. Special tax on passenger car rentals AND PEER-TO-PEER CAR
SHARING TRANSACTIONS. (a) (1) In addition to any tax imposed under any
other article of this chapter, there is hereby imposed and there shall
be paid a tax of six percent upon the receipts from every rental of a
passenger car which is a retail sale of such passenger car.
(2) Except to the extent that a passenger car rental described in
paragraph one of this subdivision has already been or will be subject to
the tax imposed under such paragraph and except as otherwise exempted
under this article, there is hereby imposed on every person and there
shall be paid a use tax for the use within this state of any passenger
car rented by the user OR USED PURSUANT TO A PEER-TO-PEER CAR SHARING
PROGRAM, which is a purchase at retail of such passenger car, but not
including any lease of a passenger car to which subdivision (i) of
section eleven hundred eleven of this chapter applies. For purposes of
this paragraph, the tax shall be at the rate of six percent of the
consideration given or contracted to be given for such property, or for
the use of such property, including any charges for shipping or delivery
as described in paragraph three of subdivision (b) of section eleven
hundred one of this chapter, but excluding any credit for tangible
personal property accepted in part payment and intended for resale.
(b) For purposes of this section, the following definitions shall
apply:
(1) Motor vehicle. A motor vehicle as defined in section one hundred
twenty-five of the vehicle and traffic law, but not including a motorcy-
cle.
(2) Passenger car. A motor vehicle having a gross vehicle weight of
nine thousand pounds or less with a seating capacity of nine persons or
less designed for passenger transportation.
(3) Rental. The transfer of possession of a motor vehicle, INCLUDING
TRANSFER PURSUANT TO A TRANSACTION TO OBTAIN THE USE OF A MOTOR VEHICLE
PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM, whether or not the motor
vehicle is required to be or is registered by this state, for a consid-
eration, without the transfer of the ownership of such motor vehicle,
but not including a lease described in subdivision (i) of section eleven
hundred eleven of this chapter.
(4) PEER-TO-PEER CAR SHARING PROGRAM. A PROGRAM AS DEFINED IN SECTION
THREE THOUSAND FIVE HUNDRED ONE OF THE INSURANCE LAW.
§ 5. Section 1166-a of the tax law, as amended by section 1 of part
WW of chapter 59 of the laws of 2019, is amended to read as follows:
§ 1166-a. Special supplemental tax on passenger car rentals AND PEER-
TO-PEER CAR SHARING TRANSACTIONS within the metropolitan commuter trans-
portation district. (a) In addition to the tax imposed under section
eleven hundred sixty of this article and in addition to any tax imposed
under any other article of this chapter, there is hereby imposed and
there shall be paid a tax at the rate of six percent upon the receipts
from every rental of a passenger car which is a retail sale of such
passenger car within the metropolitan commuter transportation district
as defined in subsection (a) of section eight hundred of this chapter.
A. 7422 23
(b) Except to the extent that a passenger car rental described in
subdivision (a) of this section, or section eleven hundred sixty-six-b
of this article, has already been or will be subject to the tax imposed
under such subdivision or section and except as otherwise exempted under
this article, there is hereby imposed on every person and there shall be
paid a use tax for the use within the metropolitan commuter transporta-
tion district as defined in subsection (a) of section eight hundred of
this chapter; of any passenger car rented by the user OR USED PURSUANT
TO A PEER-TO-PEER CAR SHARING PROGRAM, that is a purchase at retail of
such passenger car, but not including any lease of a passenger car to
which subdivision (i) of section eleven hundred eleven of this chapter
applies. For purposes of this subdivision, the tax shall be at the rate
of six percent of the consideration given or contracted to be given for
such property, or for the use of such property, including any charges
for shipping or delivery as described in paragraph three of subdivision
(b) of section eleven hundred one of this chapter, but excluding any
credit for tangible personal property accepted in part payment and
intended for resale.
§ 6. Paragraphs (c) and (d) of subdivision 4 of section 311 of the
vehicle and traffic law, paragraph (c) as amended by chapter 200 of the
laws of 1974, are amended and a new paragraph (e) is added to read as
follows:
(c) In the case of a vehicle lawfully registered in another state, or
in both this state and another state, either a policy issued by an
authorized insurer, or a policy issued by an unauthorized insurer
authorized to transact business in another state if such unauthorized
insurer files with the commissioner in form to be approved by him a
statement consenting to service of process and declaring its policies
shall be deemed to be varied to comply with the requirements of this
article; [and]
(d) The form of which has been approved by the superintendent. No such
policy shall be issued or delivered in this state until a copy of the
form of policy shall have been on file with the superintendent for at
least thirty days, unless sooner approved in writing by the superinten-
dent, nor if within said period of thirty days the superintendent shall
have notified the carrier in writing that in his opinion, specifying the
reasons therefor, the form of policy does not comply with the laws of
this state[.]; AND
(E) IN THE CASE OF A SHARED VEHICLE, AS DEFINED IN SECTION THREE THOU-
SAND FIVE HUNDRED ONE OF THE INSURANCE LAW, WHICH SHALL BE USED IN
CONNECTION WITH A PEER-TO-PEER CAR SHARING PROGRAM AS DEFINED IN SUCH
SECTION, THE INSURANCE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION MAY BE MET BY A GROUP INSURANCE POLICY ISSUED PURSUANT TO
SECTION THREE THOUSAND FIVE HUNDRED NINE OF THE INSURANCE LAW TO SUCH
PEER-TO-PEER CAR SHARING PROGRAM FOR ANY TIME THAT SUCH SHARED VEHICLE
IS BEING USED IN CONNECTION WITH SUCH PEER-TO-PEER CAR SHARING PROGRAM.
§ 7. Section 312 of the vehicle and traffic law is amended by adding a
new subdivision 2-a to read as follows:
2-A. IN THE CASE OF FINANCIAL SECURITY PROCURED BY A PEER-TO-PEER CAR
SHARING PROGRAM AS SET FORTH IN SECTION THREE THOUSAND FIVE HUNDRED NINE
OF THE INSURANCE LAW, SUCH PROGRAM SHALL PROVIDE THE COMMISSIONER WITH
PROOF OF FINANCIAL SECURITY IN THE FORM OF A GROUP INSURANCE POLICY
COVERING ITSELF AND THE OWNERS OF ALL PERSONAL PASSENGER MOTOR VEHICLES
REGISTERED IN THIS STATE THAT PARTICIPATE IN THE PROGRAM AS INSURED
GROUP MEMBERS, COVERING THOSE VEHICLES WHILE THEY ARE BEING USED IN
CONJUNCTION WITH THAT PROGRAM. SUCH PROOF SHALL NOT BE USED IN
A. 7422 24
CONNECTION WITH THE REGISTRATION OF THE VEHICLES AND NO SUCH VEHICLE
SHALL BE REGISTERED UNLESS THE REGISTERED OWNER OF THE VEHICLE SEPARATE-
LY COMPLIES WITH SUBDIVISION ONE OF THIS SECTION.
§ 8. Subdivision 1 of section 312-a of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
1. Upon issuance of an owner's policy of liability insurance, A GROUP
LIABILITY INSURANCE POLICY ISSUED TO A PEER-TO-PEER CAR SHARING PROGRAM
PURSUANT TO SECTION THREE THOUSAND FIVE HUNDRED NINE OF THE INSURANCE
LAW or other financial security required by this chapter, an insurer
shall issue proof of insurance in accordance with the regulations
promulgated by the commissioner pursuant to paragraph (b) of subdivision
two of section three hundred thirteen of this article.
§ 9. Paragraphs (a) and (b) of subdivision 2 of section 313 of the
vehicle and traffic law, as amended by chapter 509 of the laws of 1998,
are amended to read as follows:
(a) Upon the termination of an owner's policy of liability insurance
OR A GROUP LIABILITY INSURANCE POLICY ISSUED TO A PEER-TO-PEER CAR SHAR-
ING PROGRAM PURSUANT TO SECTION THREE THOUSAND FIVE HUNDRED NINE OF THE
INSURANCE LAW, other than an owner's policy of liability insurance for a
motorcycle, at the request of the insured or by cancellation by the
insurer, the insurer shall file a notice of termination with reference
to such policy, as opposed to any insured vehicle or vehicles under such
policy, with the commissioner not later than thirty days following the
effective date of such cancellation or other termination, in accordance
with the regulations required by paragraph (c) of this subdivision. An
insurer shall not file a notice of termination with the commissioner
except as required by this subdivision.
(b) Upon the issuance of an owner's policy of liability insurance OR A
GROUP LIABILITY INSURANCE POLICY ISSUED TO A PROGRAM PROVIDER OF A PEER-
TO-PEER CAR SHARING PROGRAM PURSUANT TO SECTION THREE THOUSAND FIVE
HUNDRED NINE OF THE INSURANCE LAW, the insurer shall file a notice or
confirmation of issuance with reference to such policy not later than
fourteen days following the effective date of such issuance, and not
later than seven days following the effective date for policies issued
after January first, two thousand one, in accordance with the regu-
lations required by paragraph (c) of this subdivision.
§ 10. Consent orders. All consent orders agreed to by the department
of financial services, concerning allegations of unauthorized and/or
unlawful operation of a peer-to-peer car sharing program in the state of
New York, and involving incidents which allegedly occurred prior to the
effective date of this act, shall be deemed, satisfied, expired, discon-
tinued and non-renewable by all parties, on and after the effective date
of this act.
§ 11. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if section 1 of part WW of
chapter 59 of the laws of 2019 shall not have taken effect on or before
such date then section five of this act shall take effect on the same
date and in the same manner as such chapter of the laws of 2019 takes
effect.
co-Sponsors
Kevin Cahill
2019-A7422A - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Insurance Law
- Laws Affected:
- Add §§3457, 3458, 3459 & 3460, Ins L; add Art 40 §§900 - 920, Gen Bus L; add Art 29-D §§1299-J - 1299-S, amd §171-a, Tax L; amd §§600 & 601, V & T L
- Versions Introduced in 2021-2022 Legislative Session:
-
A2349
2019-A7422A - Summary
Enacts the peer-to-peer car sharing program act, which provides guidelines for establishing peer-to-peer car sharing programs and outlines how they shall be insured, which cars shall be used, how drivers shall work under such programs, and how liability should be determined under such programs in the case of an accident or damaged property.
2019-A7422A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7422--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 1, 2019
___________
Introduced by M. of A. RODRIGUEZ, CAHILL -- read once and referred to
the Committee on Insurance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, the general business law, the tax law
and the vehicle and traffic law, in relation to enacting the peer-to-
peer car sharing program act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "peer-to-peer car sharing program act".
§ 2. The insurance law is amended by adding a new article 35 to read
as follows:
ARTICLE 35
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 3501. DEFINITIONS.
3502. REQUIREMENTS FOR DOING BUSINESS.
3503. PROGRAM LIABILITY.
3504. LIEN IMPLICATIONS; NOTIFICATION.
3505. EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY INSURANCE
POLICY.
3506. INSURABLE INTEREST.
3507. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS.
§ 3501. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PEER-TO-PEER CAR SHARING" SHALL MEAN THE AUTHORIZED USE OF A
SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
PEER-TO-PEER CAR SHARING PROGRAM.
(B) "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL MEAN THE
INSTITUTION, SOLE PROPRIETORSHIP OR OTHER ENTITY OR PERSON THAT IS
RESPONSIBLE FOR OPERATING, FACILITATING OR ADMINISTERING THE MEANS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11222-04-9
A. 7422--A 2
DIGITAL OR OTHERWISE, BY WHICH A BUSINESS PLATFORM FACILITATES PEER-TO-
PEER CAR SHARING FOR FINANCIAL CONSIDERATION.
(C) "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
(D) "SHARED VEHICLE" MEANS A MOTOR VEHICLE THAT IS AVAILABLE FOR SHAR-
ING THROUGH A PEER-TO-PEER CAR SHARING PROGRAM THAT IS BOTH:
(1) USED NONEXCLUSIVELY FOR PEER-TO-PEER CAR SHARING ACTIVITY PURSUANT
TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT; AND
(2) NOT OTHERWISE MADE AVAILABLE BY THE SHARED VEHICLE OWNER FOR USE
AS A RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF
THE VEHICLE AND TRAFFIC LAW.
(E) "SHARED VEHICLE DRIVER" SHALL MEAN AN INDIVIDUAL WHO HAS BEEN
AUTHORIZED TO USE A SHARED VEHICLE UNDER A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT.
(F) "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF A SHARED
VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM.
(G) "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD
OF TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION
OF THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED
BY THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
(H) "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE
DRIVER AT, OR AFTER, THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO-PEER CAR
SHARING PROGRAM.
(I) "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR SHARING PERIOD" SHALL
MEAN THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR
SHARING DELIVERY PERIOD OR, IF THERE IS NO PEER-TO-PEER CAR SHARING
DELIVERY PERIOD, THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-
TO-PEER CAR SHARING START TIME AND, IN EITHER CASE, SHALL END AT THE
PEER-TO-PEER CAR SHARING TERMINATION TIME.
(J) "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE EARLI-
EST OF THE FOLLOWING EVENTS:
(1) THE EXPIRATION OF THE AGREED UPON PERIOD OF TIME ESTABLISHED FOR
THE USE OF A SHARED VEHICLE ACCORDING TO THE TERMS OF THE CAR SHARING
PROGRAM AGREEMENT IF THE SHARED VEHICLE IS DELIVERED TO THE LOCATION
AGREED UPON IN THE CAR SHARING PROGRAM AGREEMENT;
(2) RETURNED TO A LOCATION AS ALTERNATIVELY AGREED UPON BY THE SHARED
VEHICLE OWNER AND SHARED VEHICLE DRIVER AS COMMUNICATED THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM; OR
(3) WHEN THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S
AUTHORIZED DESIGNEE TAKES POSSESSION AND CONTROL OF THE SHARED VEHICLE.
(K) "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO THIS
ARTICLE.
(L) "PERSONAL MOTOR CAR SHARING" MEANS THE USE OF PRIVATE PASSENGER
MOTOR VEHICLES BY PERSONS OTHER THAN THE VEHICLES' OWNER, IN CONNECTION
WITH A PEER-TO-PEER CAR SHARING PROGRAM.
(M) "MOTOR VEHICLE" SHALL:
(1) HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW; AND
(2) HAVE A GROSS WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS.
(N) "FINANCIAL SECURITY" MEANS A FINANCIAL SECURITY BOND, FINANCIAL
SECURITY DEPOSIT, OR QUALIFICATION AS A SELF-INSURER AS SET FORTH IN
SECTION THREE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW.
A. 7422--A 3
§ 3502. REQUIREMENTS FOR DOING BUSINESS. (A) NO SHARED VEHICLE SHALL
BE CLASSIFIED AS A COMMERCIAL VEHICLE, FOR-HIRE VEHICLE, PERMISSIVE USE
VEHICLE, TAXI-CAB, OR RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED
THIRTY-SEVEN-A OF THE VEHICLE AND TRAFFIC LAW, OR LIVERY SOLELY BECAUSE
ITS REGISTERED OWNER ALLOWS IT TO BE USED FOR PEER-TO-PEER CAR SHARING,
OR AS SUCH FOR THE DURATION OF THE CAR SHARING PERIOD, AS LONG AS:
(1) THE PEER-TO-PEER CAR SHARING IS COMPLIANT WITH A PEER-TO-PEER CAR
SHARING PROGRAM AS PROVIDED FOR IN THIS ARTICLE; AND
(2) THE CAR SHARING PROGRAM DOES NOT KNOWINGLY PLACE THE VEHICLE INTO
USE AS A COMMERCIAL VEHICLE OR AS A VEHICLE FOR HIRE BY A SHARED DRIVER
WHILE ENGAGED IN PEER-TO-PEER CAR SHARING UNLESS THE OWNER OR USER, AS
APPLICABLE, ARE IN COMPLIANCE WITH OTHER LAWS APPLICABLE TO THE COMMER-
CIAL USE OR USE AS A VEHICLE FOR HIRE.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
CAR SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
OF:
(1) PROVIDE INSURANCE COVERAGE IN AMOUNTS NO LESS THAN THE MINIMUM
AMOUNTS REQUIRED BY SECTION THREE HUNDRED SEVENTY OF THE VEHICLE AND
TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND OTHER LAWS OF THE
STATE;
(2) MAINTAIN ADDITIONAL INSURANCE OR FINANCIAL SECURITY AGAINST LOSS
FROM THE LIABILITY IMPOSED BY LAW ON THE SHARED VEHICLE OWNER FOR
DAMAGES DURING THE CAR SHARING PERIOD, INCLUDING DAMAGES FOR CARE AND
LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR DEATH OF ANY PERSON OR
INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT OF THE OWNERSHIP, MAIN-
TENANCE, USE OR OPERATION OF A SPECIFIC PERSONAL VEHICLE OR VEHICLES
WITHIN THIS STATE, OR ELSEWHERE IN THE UNITED STATES IN NORTH AMERICA OR
CANADA, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH
RESPECT TO EACH SUCH OCCURRENCE, OR AT LEAST ONE MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ANY
PERSON, AND INJURY TO OR DESTRUCTION OF PROPERTY; AND
(3) COVERAGE PROVIDED IN ACCORDANCE WITH SUBSECTION (F) OF SECTION
THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER, PROVIDING SUPPLEMEN-
TARY UNINSURED/UNDERINSURED MOTORIST INSURANCE FOR BODILY INJURY,
SUBJECT TO A LIMIT PER OCCURRENCE IN THE AMOUNT OF ONE MILLION TWO
HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH OF ANY
PERSON.
(4) THE INSURANCE AND FINANCIAL SECURITY REQUIRED UNDER THIS
SUBSECTION NEED NOT BE COTERMINOUS WITH THE REGISTRATION PERIOD OF THE
SHARED VEHICLE INSURED.
(C) THE INSURANCE AND FINANCIAL SECURITY REQUIREMENTS PROVIDED IN
SUBSECTION (B) OF THIS SECTION MAY BE SATISFIED BY:
(1) INSURANCE, OR OTHER FINANCIAL SECURITY, MAINTAINED BY THE SHARED
VEHICLE OWNER;
(2) INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY THE SHARED
VEHICLE PROGRAM, OR OTHER FINANCIAL SECURITY MAINTAINED BY THE SHARED
VEHICLE PROGRAM, ON THE SHARED VEHICLE, SHARED VEHICLE OWNER, OR SHARED
VEHICLE DRIVER;
(3) INSURANCE, OR OTHER FINANCIAL SECURITY, MAINTAINED BY THE SHARED
VEHICLE DRIVER; OR
(4) ANY COMBINATION OF INSURANCE OR OTHER FINANCIAL SECURITY UNDER
PARAGRAPHS ONE THROUGH THREE OF THIS SUBSECTION.
PROVIDED, HOWEVER, THAT INSURANCE AND FINANCIAL SECURITY REQUIRED
UNDER PARAGRAPH THREE OF SUBSECTION (B) OF THIS SECTION RESPECTING
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTOR INSURANCE SHALL BE MAINTAINED
A. 7422--A 4
BY THE SHARED VEHICLE PROGRAM, OR A PARENT ENTITY OR DIRECT SUBSIDIARY
OF THE SHARED VEHICLE PROGRAM.
(D) A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
CAR SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
OF, ALSO DO ALL OF THE FOLLOWING:
(1) PROVIDE SHARED VEHICLE OWNERS WITH SUITABLE PROOF OF COMPLIANCE
WITH THE INSURANCE AND FINANCIAL SECURITY REQUIREMENTS OF THIS SECTION,
THE REQUIREMENTS OF SECTIONS THREE HUNDRED ELEVEN AND THREE HUNDRED
FORTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AND ARTICLE FIFTY-ONE OF THIS
CHAPTER. AN ELECTRONICALLY PROVIDED PROOF OF INSURANCE CONSTITUTES SUIT-
ABLE PROOF OF COMPLIANCE.
(2) PROVIDE THE FOLLOWING FOR EACH SHARED VEHICLE DRIVER, FOR EACH
PEER-TO-PEER CAR SHARING PERIOD:
(I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN OF
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER
DOCUMENTATION, WHETHER PRINTED OR ELECTRONIC, WHICH THE SHARED VEHICLE
DRIVER SHALL CARRY AND HAVE AVAILABLE IN THE VEHICLE AT ALL TIMES DURING
THE PEER-TO-PEER CAR SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
FINANCIAL SECURITY REFERRED TO IN SUBSECTION (B) OF THIS SECTION IS IN
FULL FORCE AND EFFECT; AND
(II) A TOLL-FREE NUMBER, EMAIL ADDRESS, OR OTHER SUCH FORM OF COMMUNI-
CATION BY WHICH A LAW ENFORCEMENT POLICE OFFICER, REPRESENTATIVE OF THE
DEPARTMENT OF MOTOR VEHICLES, OR OTHER OFFICER OF THIS STATE OR ANY
POLITICAL SUBDIVISION THEREOF MAY CONFIRM THAT THE FINANCIAL SECURITY
PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION IS IN FULL FORCE AND
EFFECT;
(3) COLLECT, MAINTAIN, AND MAKE AVAILABLE TO THE SHARED VEHICLE OWNER,
THE OWNER'S MOTOR VEHICLE LIABILITY INSURER IN CONNECTION WITH A CLAIMED
LOSS, THE SHARED VEHICLE DRIVER'S PRIMARY AUTOMOBILE INSURER IN
CONNECTION WITH A CLAIMED LOSS, ANY EXCESS OR UMBRELLA INSURERS IN
CONNECTION WITH A CLAIMED LOSS, AND ANY GOVERNMENT AGENCY AS REQUIRED BY
LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST, OR AS REASONABLY PRACTICABLE
THEREAFTER THE FOLLOWING INFORMATION PERTAINING TO INCIDENTS WHICH
OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
(I) AVAILABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
SHARED VEHICLE INVOLVED, AND TO THE EXTENT AVAILABLE, VERIFIABLE ELEC-
TRONIC RECORDS OF THE TIME, INITIAL AND FINAL LOCATIONS OF THE VEHICLE,
AND (TO THE EXTENT MILEAGE IS COLLECTED) MILES DRIVEN; AND
(II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
INSURER, ALL INFORMATION RELEVANT TO THE CLAIM, TO THE EXTENT SUCH
INFORMATION IS AVAILABLE, INCLUDING BUT NOT LIMITED TO, PAYMENTS BY THE
PROGRAM CONCERNING ACCIDENTS, DAMAGES AND INJURIES;
(4) ENSURE THAT THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER
ARE GIVEN REASONABLE NOTICE PRIOR TO THE FIRST USE OR OPERATION OF A
SHARED VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
THAT:
(I) DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
COVERAGE AFFORDED UNDER ITS POLICY AND THE SHARED VEHICLE OWNER'S INSUR-
ER SHALL HAVE THE RIGHT TO NOTIFY ITS INSURED THAT IT SHALL HAVE NO DUTY
TO INDEMNIFY OR DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR ANY
LOSS THAT OCCURS DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
(II) ANY INSURANCE FINANCIAL SECURITY, OR PHYSICAL DAMAGE PROTECTION
OFFERED PURSUANT TO SUBSECTION (B) OF THIS SECTION, MAY NOT BE VALID OR
COLLECTIBLE FOR DAMAGES OR LOSSES THAT OCCUR OUTSIDE OF THE PEER-TO-PEER
CAR SHARING PERIOD; AND
A. 7422--A 5
(5) ENSURE THAT THE SHARED VEHICLE OWNER ACKNOWLEDGES UPON OR BEFORE
ENROLLMENT IN A PEER-TO-PEER CAR SHARING PROGRAM, AND IS NOTIFIED TO THE
EXTENT REASONABLY PRACTICABLE BEFORE EACH CAR SHARING PERIOD, THAT NEW
YORK LAW MAY IMPOSE LIABILITY FOR INJURIES TO PERSON OR PROPERTY RESULT-
ING FROM THE NEGLIGENCE IN THE USE OR OPERATION OF THE SHARED VEHICLE BY
SHARED VEHICLE DRIVERS FOR JUDGMENTS EXCEEDING THE COVERAGE LIMITS OF
INSURANCE IN EFFECT DURING THE CAR SHARING PERIOD. THE SUBSEQUENT NOTICE
REQUIRED UNDER THIS SUBSECTION MAY BE PROVIDED ELECTRONICALLY, INCLUDING
BY ELECTRONIC MAIL AND HYPERLINK TO A WEBSITE EXPLAINING INSURANCE
COVERAGES AND VICARIOUS LIABILITY OR OTHER SUBSTANTIALLY SIMILAR MEANS
OF NOTICE.
(E) AN INSURER WHICH IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THIS
STATE MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO A PEER-
TO-PEER CAR SHARING PROGRAM AND TO SHARED VEHICLE OWNERS PARTICIPATING
IN THAT PROGRAM TO INSURE AGAINST PHYSICAL DAMAGE LOSS TO VEHICLES WHILE
THE VEHICLES ARE IN THE CUSTODY OF THE PEER-TO-PEER CAR SHARING PROGRAM
OR SHARED VEHICLE DRIVER. SUCH GROUP POLICY SHALL PROVIDE PRIMARY COVER-
AGE FOR PHYSICAL DAMAGE LOSS EITHER BY COLLISION, COMPREHENSIVE, OR
BOTH, TO THE SHARED VEHICLE DURING THE CAR SHARING PERIOD.
(F) AN INSURER WHICH ISSUES A GROUP INSURANCE POLICY PURSUANT TO THIS
ARTICLE SHALL ISSUE SUCH POLICY IDENTIFYING THE PEER-TO-PEER CAR SHARING
PROGRAM AS THE NAMED INSURED, AND ANY SUCH POLICY SHALL INCLUDE A
PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR NOTICE TO THE INSURER,
FOR ALL PERSONAL PASSENGER VEHICLES DURING THE CAR SHARING PERIOD, AND
SHALL FURTHER INCLUDE A PROVISION THAT CLAIMS WILL BE ADJUSTED PURSUANT
TO SECTION THREE THOUSAND FOUR HUNDRED TWELVE OF THIS CHAPTER.
(G) GROUP COVERAGES PROVIDED FOR IN THIS ARTICLE MAY BE PLACED WITH AN
EXCESS OR SURPLUS LINE INSURER ALLOWED BY LAW TO INSURE RISKS IN NEW
YORK; PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE EXCESS AND SURPLUS
LINES STATUTES AND REGULATIONS OF THIS STATE SHALL BE PERFORMED WITH
RESPECT TO THE GROUP AS A WHOLE AND NOT WITH RESPECT TO INDIVIDUAL GROUP
MEMBERS.
(H) AT THE TIME A VEHICLE IS ENROLLED IN THE PEER-TO-PEER CAR SHARING
PROGRAM, THE PEER-TO-PEER CAR SHARING PLATFORM SHALL FILE WITH THE
DEPARTMENT OF MOTOR VEHICLES, IN SUCH FORM AND MANNER AS THE DEPARTMENT
OF MOTOR VEHICLES MAY REQUIRE, A STATEMENT IDENTIFYING THE SHARED VEHI-
CLE AND THE MANNER IN WHICH THE INSURANCE AND FINANCIAL RESPONSIBILITY
REQUIREMENTS OF THIS ARTICLE ARE SATISFIED. THE DEPARTMENT SHALL IDENTI-
FY THE VEHICLE AS ENROLLED IN THE CAR SHARING PROGRAM IN ELECTRONIC
RECORDS OF THE VEHICLE REGISTRATION.
§ 3503. PROGRAM LIABILITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR VEHI-
CLE LIABILITY INSURANCE, IN THE EVENT OF A LOSS OR INJURY THAT SHALL
OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE PEER-TO-PEER CAR
SHARING PROGRAM INSURERS PROVIDING COVERAGES UNDER SECTION THREE THOU-
SAND FIVE HUNDRED TWO OF THIS ARTICLE SHALL PROVIDE FINANCIAL RESPONSI-
BILITY FOR ANY BODILY INJURY, DEATH, OR DAMAGE TO PROPERTY IN AMOUNTS
NOT TO EXCEED THOSE STATED IN THE PEER-TO-PEER CAR SHARING PROGRAM
AGREEMENT AND NOT LESS THAN THOSE AMOUNTS REQUIRED IN SECTION THREE
THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE, AND THE PEER-TO-PEER CAR
SHARING PROGRAM SHALL RETAIN SUCH LIABILITY IRRESPECTIVE OF A LAPSE IN
THE GROUP POLICY OR ANY OTHER INSURANCE POLICY OR FINANCIAL SECURITY
MAINTAINED BY THE PROGRAM.
(B) IF INSURANCE MAINTAINED BY A SHARED VEHICLE OWNER OR SHARED VEHI-
CLE DRIVER PURSUANT TO PARAGRAPH ONE OF SUBSECTION (B) OF SECTION THREE
THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE HAS LAPSED OR SHALL NOT
A. 7422--A 6
PROVIDE THE REQUIRED COVERAGE, THE PEER-TO-PEER CAR SHARING PROGRAM
SHALL PROVIDE FINANCIAL SECURITY REQUIRED BY PARAGRAPH ONE OF SUBSECTION
(B) OF SECTION THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE ON A
PRIMARY BASIS AND HAVE THE DUTY TO DEFEND SUCH CLAIM.
(C) THE INSURER OR INSURERS PROVIDING GROUP LIABILITY INSURANCE TO THE
PEER-TO-PEER CAR SHARING PROGRAM, OR THE PROGRAM IF FINANCIAL SECURITY
IS IN THE FORM OF BOND, DEPOSIT OR SELF-INSURANCE, PURSUANT TO SECTION
THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE, SHALL BE PRIMARY DURING
EACH CAR SHARING PERIOD, OR IF:
(1) A DISPUTE EXISTS REGARDING WHO WAS IN CONTROL OF THE VEHICLE WHEN
THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM OR WHETHER THE LOSS OCCURRED
OUTSIDE OF THE CAR SHARING PERIOD; AND
(2) THE PEER-TO-PEER CAR SHARING PROGRAM DOES NOT HAVE AVAILABLE, DID
NOT RETAIN, OR IS OTHERWISE UNABLE TO PROVIDE INFORMATION DEMONSTRATING
WHO WAS IN CONTROL AT THE TIME OF THE LOSS OR WHETHER THE LOSS OCCURRED
OUTSIDE OF THE CAR SHARING PERIOD.
THE SHARED VEHICLE OWNER'S PRIVATE MOTOR VEHICLE INSURER SHALL INDEM-
NIFY THE PEER-TO-PEER CAR SHARING PROGRAM, OR INSURER OR INSURERS
PROVIDING GROUP LIABILITY, TO THE EXTENT OF ITS OBLIGATION UNDER THE
APPLICABLE INSURANCE POLICY, IF IT IS DETERMINED THAT THE LOSS OCCURRED
OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD. THE PEER-TO-PEER CAR
SHARING PROGRAM SHALL NOTIFY THE REGISTERED OWNER'S INSURER OF ANY SUCH
DISPUTE WITHIN THIRTY DAYS OF BECOMING AWARE THAT SUCH A DISPUTE EXISTS.
(D) IN THE EVENT THAT THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE INSURER IS NAMED AS A DEFENDANT IN A
CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
PEER-TO-PEER CAR SHARING PERIOD, OR OTHERWISE UNDER THE DIRECT AND IMME-
DIATE CONTROL OF A PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER
CAR SHARING PROGRAM SHALL HAVE THE DUTY TO INDEMNIFY THE SHARED VEHICLE
OWNER AND THE SHARED VEHICLE OWNER'S INSURER SUBJECT TO THE PROVISIONS
OF THIS SECTION AND SECTIONS THREE THOUSAND FIVE HUNDRED TWO AND THREE
THOUSAND FIVE HUNDRED SEVEN OF THIS ARTICLE.
(E) A MOTOR VEHICLE LIABILITY INSURER WHO DEFENDS OR INDEMNIFIES A
CLAIM AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF ITS
POLICY SHALL HAVE THE RIGHT TO SEEK CONTRIBUTION AGAINST THE PEER-TO-
PEER CAR SHARING PROGRAM'S INSURER, OR PROGRAM IF FINANCIAL RESPONSIBIL-
ITY IS IN THE FORM OF BOND, DEPOSIT OR SELF-INSURANCE, IF THE CLAIM IS:
(1) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER
FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD; AND
(2) EXCLUDED UNDER THE TERMS OF ITS POLICY.
(F) A PEER-TO-PEER CAR SHARING PROGRAM MAY CONTRACTUALLY ASSUME THE
RISK OF LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING THE TIME
THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
ER OR PEER-TO-PEER CAR SHARING PROGRAM, AND THAT SUCH ASSUMPTION OF
RISK:
(1) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE; AND
(2) THAT THE TERMS OF SUCH CONTRACTUAL ASSUMPTION MAY PROVIDE THAT THE
PROGRAM ASSUMES THE RISK OF PHYSICAL DAMAGE LOSS TO THE VEHICLE IN
EXCESS OF A SUM CERTAIN; AND
(3) IF THE TERMS OF SUCH CONTRACTUAL ASSUMPTION INCLUDE A SEPARATELY
ITEMIZED FEE CHARGED TO THE SHARED VEHICLE DRIVER SOLELY FOR THE
CONTRACTUAL ASSUMPTION OF THE RISK OF LOSS DUE TO PHYSICAL DAMAGE, THEN
IT SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN SECTION TWO HUNDRED
TWENTY-H OF THE GENERAL BUSINESS LAW.
(G) TO THE EXTENT NOT OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, IN
A CLAIMS COVERAGE INVESTIGATION, A PEER-TO-PEER CAR SHARING PROGRAM
A. 7422--A 7
SHALL COOPERATE TO FACILITATE THE EXCHANGE OF RELEVANT INFORMATION WITH
DIRECTLY INVOLVED PARTIES AND ANY INSURER OF A SHARED VEHICLE OWNER'S OR
SHARED VEHICLE DRIVER'S PARTICIPATION IN A PEER-TO-PEER CAR SHARING
PROGRAM.
(H) THE DEPARTMENT OF FINANCIAL SERVICES SHALL HAVE AUTHORITY TO
ENFORCE THIS ARTICLE AS AUTHORIZED BY LAW, INCLUDING INJUNCTIVE AND
OTHER LEGAL AND EQUITABLE RELIEF FOR NON-COMPLIANCE BY A CAR SHARING
PROGRAM OR ANY OTHER PARTY THROUGH CIVIL PROCEEDINGS.
(I) ANY PROVISION IN A PEER-TO-PEER CAR SHARING AGREEMENT DESIGNATED
BY THE COURTS OF ANOTHER JURISDICTION AS THE EXCLUSIVE FORUM FOR RESOLV-
ING DISPUTES SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY WITH RESPECT
TO THE USE OF A PEER-TO-PEER CAR SHARING PLATFORM OR SHARED VEHICLE IN
THIS STATE.
(J) A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED TO HAVE
RECEIVED NOTICE OF INJURIES TO PERSONS OR PROPERTY COVERED UNDER THE
INSURANCE AND FINANCIAL SECURITY REQUIREMENTS OF THIS ARTICLE AT THE
EARLIER OF NOTICE RECEIVED BY THE PEER-TO-PEER CAR SHARING PROGRAM OR
NOTICE RECEIVED BY THE SHARED VEHICLE OWNER. A SHARED VEHICLE OWNER
SHALL IMMEDIATELY GIVE ACTUAL NOTICE TO THE PEER-TO-PEER CAR SHARING
PROGRAM AND ITS INSURERS, INCLUDING NOTICE IN THE FORM AND MANNER AS
REQUIRED IN THE PEER-TO-PEER CAR SHARING AGREEMENT, OF ANY LOSSES POTEN-
TIALLY COVERED BY INSURANCE OR FINANCIAL SECURITY MAINTAINED BY THE
PEER-TO-PEER CAR SHARING PROGRAM.
§ 3504. LIEN IMPLICATIONS; NOTIFICATION. WHEN A VEHICLE OWNER FIRST
REGISTERS AS A SHARED VEHICLE OWNER ON A PEER-TO-PEER CAR SHARING
PROGRAM AND PRIOR TO SUCH TIME AS WHEN THE SHARED VEHICLE OWNER MAKES A
SHARED VEHICLE AVAILABLE FOR PEER-TO-PEER CAR SHARING ON THE PEER-TO-
PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL
NOTIFY THE SHARED VEHICLE OWNER THAT, IF THE SHARED VEHICLE SHALL HAVE A
LIEN AGAINST IT, THE USE OF THE SHARED VEHICLE THROUGH A PEER-TO-PEER
CAR SHARING PROGRAM, INCLUDING USE WITHOUT PHYSICAL DAMAGE COVERAGE, MAY
VIOLATE THE TERMS OF THE CONTRACT WITH THE LIENHOLDER.
§ 3505. EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY INSURANCE
POLICY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
FOR THE DURATION OF THE CAR SHARING PERIOD, ALL OF THE FOLLOWING SHALL
APPLY:
(1) THE INSURER OF THE SHARED VEHICLE ON FILE WITH THE DEPARTMENT OF
MOTOR VEHICLES MAY EXCLUDE ANY AND ALL COVERAGE FOR LIABILITY, UNIN-
SURED, UNDERINSURED, COLLISION PHYSICAL DAMAGE AND COMPREHENSIVE PHYS-
ICAL DAMAGE BENEFITS AND FIRST-PARTY BENEFITS THAT MAY OTHERWISE BE
AFFORDED PURSUANT TO ITS POLICY; AND
(2) THE SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER OR
INSURERS SHALL HAVE THE RIGHT TO NOTIFY THE INSURED THAT THERE IS NO
DUTY TO DEFEND OR INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY
FOR ANY LOSS THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERI-
OD.
(B) NOTHING IN THIS ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
INSURANCE POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE
FOR MOTOR VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSI-
NESS USE.
§ 3506. INSURABLE INTEREST. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE AN
INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
ING PERIOD.
A. 7422--A 8
(B) NOTHING IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT TO
ENSURE FINANCIAL SECURITY PURSUANT TO THE PROVISIONS OF SUBSECTION (B)
OF SECTION THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE.
§ 3507. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS. (A) AN
INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE STATE,
INCLUDING AN EXCESS OR SURPLUS LINE INSURER ALLOWED BY LAW TO INSURE
RISKS IN THIS STATE, MAY ISSUE, OR ISSUE FOR DELIVERY IN THIS STATE, A
GROUP POLICY OF LIABILITY AND PROPERTY AND CASUALTY INSURANCE TO A PEER-
TO-PEER CAR SHARING PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING
PROGRAM, SHARED VEHICLES UNDER THE TERMS AND CONDITIONS OF PEER-TO-PEER
CAR SHARING PROGRAM AGREEMENTS, SHARED VEHICLE DRIVERS AND OCCUPANTS OF
SHARED VEHICLES, AS WELL AS THE PROGRAM'S AGENTS, EMPLOYEES, DIRECTORS,
OFFICERS AND ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
(1) SUCH POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE
AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED DRIVER OR ANY OTHER OPERA-
TOR OF THE SHARED VEHICLE IN THE CIRCUMSTANCES DESCRIBED IN SUBSECTION
(C) OF SECTION THREE THOUSAND FIVE HUNDRED THREE OF THIS ARTICLE;
(2) FOR THE PURPOSES OF GROUP INSURANCE WRITTEN UNDER THIS SECTION
ONLY, THE RATES CHARGED BY AN INSURER FOR GROUP LIABILITY INSURANCE AS
PROVIDED FOR IN THIS SECTION SHALL BE FILED WITH THE DEPARTMENT OF
FINANCIAL SERVICES ON A FILE AND USE BASIS.
(B) AN INSURER WHICH ISSUES AN INSURANCE POLICY DESCRIBED IN
SUBSECTION (A) OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
PEER-TO-PEER CAR SHARING PROGRAM AS THE NAMED INSURED, AND ANY SUCH
POLICY SHALL INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER
CAR SHARING PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
THE SHARED VEHICLE DRIVERS, AUTHORIZED OPERATORS AND OCCUPANTS ARE
INCLUDED AS INSUREDS UNDER THE POLICY TO THE SAME EXTENT THAT THEY WOULD
BE INSURED UNDER A PRIVATE PASSENGER MOTOR VEHICLE POLICY ISSUED PURSU-
ANT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER
AND SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
(C) A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (A) AND (B) OF THIS
SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE.
(D) AN INSURER WHICH IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE, INCLUDING AN EXCESS OR SURPLUS LINE INSURER ALLOWED BY LAW TO
INSURE RISKS IN THIS STATE, MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE
INSURANCE TO A PEER-TO-PEER CAR SHARING PROGRAM AND TO SHARED VEHICLE
OWNERS PARTICIPATING IN THE PROGRAM, TO INSURE AGAINST LOSS DUE TO PHYS-
ICAL DAMAGE TO SHARED VEHICLES WHILE THE SHARED VEHICLES ARE IN THE
CUSTODY OF SUCH PEER-TO-PEER CAR SHARING PROGRAM OR A SHARED VEHICLE
DRIVER. SUCH GROUP POLICY SHALL PROVIDE PRIMARY COVERAGE FOR PHYSICAL
DAMAGE LOSS EITHER BY COLLISION COVERAGE, COMPREHENSIVE COVERAGE, OR
BOTH, TO THE SHARED VEHICLE WHILE IT SHALL BE IN THE CUSTODY OF THE
PEER-TO-PEER CAR SHARING PROGRAM OR SHARED VEHICLE DRIVER.
(E) AN INSURER WHO ISSUES A GROUP INSURANCE POLICY DESCRIBED IN THIS
SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE PEER-TO-PEER CAR SHARING
PROGRAM AS THE NAMED INSURED, AND ANY SUCH POLICY SHALL INCLUDE A
PROVISION THAT PROVIDES PRIMARY COVERAGE, WITHOUT PRIOR NOTICE TO THE
INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER CAR SHARING
PERIOD. SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT CLAIMS SHALL BE
ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED TWELVE OF THIS
CHAPTER, AND IT SHALL FURTHER INCLUDE PHYSICAL DAMAGE COVERAGE FOR
DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN INCURRED
A. 7422--A 9
DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL NO LESS THAN THAT
OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
(F) A GROUP POLICY, AS PROVIDED FOR IN SUBSECTIONS (C) AND (D) OF THIS
SECTION, SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE.
(G) A GROUP POLICY, AS PROVIDED FOR IN THIS SECTION, SHALL NOT BE
DEPENDENT ON A PERSONAL MOTOR VEHICLE LIABILITY INSURER FIRST DENYING A
CLAIM, NOR SHALL A PERSONAL MOTOR VEHICLE INSURANCE POLICY BE REQUIRED
TO FIRST DENY A CLAIM BEFORE THE GROUP POLICY SHALL AFFORD COVERAGE
PURSUANT TO THIS SECTION.
(H) GROUP COVERAGE PROVIDED FOR IN THIS SECTION MAY BE PLACED WITH AN
EXCESS OR SURPLUS LINE INSURER ALLOWED BY LAW TO INSURE RISKS IN NEW
YORK; PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE EXCESS AND SURPLUS
LINE STATUTES AND REGULATIONS OF THIS STATE SHALL BE PERFORMED WITH
RESPECT TO THE GROUP AS A WHOLE AND NOT WITH RESPECT TO INDIVIDUAL GROUP
MEMBERS.
§ 3. The general business law is amended by adding a new article 12-C
to read as follows:
ARTICLE 12-C
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 220. DEFINITIONS.
220-A. DISCLOSURES.
220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
220-C. RESPONSIBILITY FOR EQUIPMENT.
220-D. SAFETY RECALLS.
220-E. DISCRIMINATION BASED ON AGE PROHIBITED.
220-F. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP
PROHIBITED.
220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
220-I. RATE DISCLOSURES.
220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
220-K. GLOBAL POSITIONING SYSTEMS.
220-L. NOTICE.
220-M. ELECTRONIC NOTICE AUTHORIZED.
220-N. AIRPORT TRANSACTIONS.
220-O. ENFORCEMENT.
§ 220. DEFINITIONS. TERMS USED IN THIS ARTICLE SHALL HAVE THE SAME
MEANING AS IN SECTION THREE THOUSAND FIVE HUNDRED ONE OF ARTICLE THIR-
TY-FIVE OF THE INSURANCE LAW UNLESS EXPRESSLY PROVIDED OTHERWISE. AS
USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEAN-
ING:
1. "OPTIONAL VEHICLE PROTECTION" SHALL:
(A) MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT NOT TO HOLD A
SHARED VEHICLE DRIVER LIABLE FOR ALL OR PART OF ANY DAMAGE OR LOSS TO
THE SHARED VEHICLE, ANY LOSS OF USE OF THE SHARED VEHICLE, OR ANY STOR-
AGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARGES FOR WHICH A SHARED VEHI-
CLE DRIVER MAY BE LIABLE.
(B) ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE USED
IN THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED TO,
"COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
"LDW", AND "PHYSICAL DAMAGE WAIVER".
§ 220-A. DISCLOSURES. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
MADE IN THE STATE SHALL DISCLOSE TO THE SHARED VEHICLE OWNER AND THE
SHARED VEHICLE DRIVER:
A. 7422--A 10
1. THE DAILY RATE, FEES, AND, IF APPLICABLE, ANY INSURANCE OR
PROTECTION PACKAGE COSTS THAT SHALL BE CHARGED TO THE SHARED VEHICLE
OWNER OR THE SHARED VEHICLE DRIVER; AND
2. AN EMERGENCY TELEPHONE NUMBER TO CONTACT PERSONNEL CAPABLE OF
FIELDING ROADSIDE ASSISTANCE AND OTHER CUSTOMER SERVICE INQUIRIES.
§ 220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL OPERATE THE
SHARED VEHICLE FURNISHES PROOF, BY ELECTRONIC MEANS OR OTHERWISE, OF:
(A) A VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIVER TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
(B) A VALID DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF THE
DRIVER'S RESIDENCE WHICH AUTHORIZES THE DRIVER IN SUCH STATE OR COUNTRY
TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE AND IS THE AGE
REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS OF VEHICLE; OR
(C) BEING OTHERWISE SPECIFICALLY AUTHORIZED BY A VALID LICENSE TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
(A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
(B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE OF THE SHARED
VEHICLE DRIVER AND EACH OTHER PERSON, IF ANY, WHO SHALL OPERATE THE
SHARED VEHICLE; AND
(C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S LICENSE FOR EACH
SUCH VEHICLE OPERATOR.
§ 220-C. RESPONSIBILITY FOR EQUIPMENT. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR ANY EQUIPMENT, SUCH AS A
GLOBAL POSITIONING SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT WHICH IS
PUT IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER CAR
SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE
SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
THE PEER-TO-PEER CAR SHARING PERIOD NOT CAUSED BY SUCH SHARED VEHICLE
OWNER. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE THE RIGHT TO SEEK
INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR DAMAGE TO SUCH
EQUIPMENT THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
§ 220-D. SAFETY RECALLS. 1. AT THE TIME WHEN A SHARED VEHICLE OWNER
REGISTERS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM, AND
PRIOR TO THE TIME WHEN THE SHARED VEHICLE OWNER MAKES A SHARED VEHICLE
AVAILABLE FOR CAR SHARING ON THE PEER-TO-PEER CAR SHARING PROGRAM, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL:
(A) VERIFY THAT THE SHARED VEHICLE IS NOT SUBJECT TO ANY OPEN SAFETY
RECALLS APPEARING ON THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
RECALL DATABASE CREATED UNDER 49 C.F.R. 573.15 FOR WHICH THE RECALL
REPAIR HAS NOT BEEN MADE; AND
(B) NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
VISION TWO OF THIS SECTION.
2. (A) IF THE SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY
RECALL ON A SHARED VEHICLE, BEFORE IT IS ENROLLED IN A PEER-TO-PEER CAR
SHARING PROGRAM SUCH SHARED VEHICLE OWNER SHALL NOT MAKE SUCH VEHICLE
AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM
UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(B) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A PEER-TO-
PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER SHALL REMOVE THE
SHARED VEHICLE FROM SUCH PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS
PRACTICABLE, AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER RECEIPT
A. 7422--A 11
OF SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL THE
NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
(C) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF A
SHARED VEHICLE DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-
TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
BLE, AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF SUCH
NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
VEHICLE CAN BE REMOVED FROM THE PEER-TO-PEER CAR SHARING PROGRAM UNTIL
THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(D) A SHARED VEHICLE OWNER SHALL NOT ENROLL A VEHICLE IN A PEER-TO-
PEER CAR SHARING PROGRAM UNLESS THE VEHICLE HAS, WITHIN THE PRECEDING
TWELVE MONTHS, PASSED A SAFETY INSPECTION AS REQUIRED UNDER SECTION
THREE HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW. A PEER-TO-PEER CAR
SHARING PROGRAM SHALL NOT PERMIT A VEHICLE TO BE SHARED UNLESS THE
SHARED VEHICLE OWNER HAS FURNISHED PROOF TO THE PROGRAM WITHIN THE
PRECEDING TWELVE MONTHS THAT SUCH AN INSPECTION HAS BEEN COMPLETED.
§ 220-E. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAW-
FUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A
SHARED VEHICLE AVAILABLE TO ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER
SOLELY ON THE BASIS OF AGE, PROVIDED THAT INSURANCE COVERAGE FOR PERSONS
OF SUCH AGE IS AVAILABLE. ANY ACTUAL COST FOR INSURANCE RELATED TO THE
AGE OF THE SHARED DRIVER MAY BE PASSED ON TO SUCH PERSON.
2. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS.
§ 220-F. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP PROHIB-
ITED. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCI-
ATION OR CORPORATION ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING
TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON SOLELY ON THE
REQUIREMENT OF OWNERSHIP OF A CREDIT CARD.
2. FOR THE PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL MEAN ANY
CREDIT CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD OR
DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
EOF, AND MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE, LOAN, OR
CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
§ 220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED. 1. NO
PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED IN THE
BUSINESS OF PEER-TO-PEER CAR SHARING SHALL REFUSE TO MAKE A SHARED VEHI-
CLE AVAILABLE TO ANY PERSON OTHERWISE QUALIFIED BECAUSE OF RACE, COLOR,
ETHNIC ORIGIN, RELIGION, DISABILITY, OR SEX.
2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED
IN PEER-TO-PEER CAR SHARING FOUND BY A COURT OF COMPETENT JURISDICTION
TO HAVE VIOLATED A PROVISION OF THIS SECTION SHALL BE SUBJECT TO A
PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE HUNDRED
DOLLARS FOR EACH VIOLATION.
3. (A) IF A PEER-TO-PEER CAR SHARING PROGRAM SHALL ENGAGE IN A
PERSISTENT OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES
AGAINST ANY INDIVIDUAL BASED ON SUCH INDIVIDUAL'S RACE, COLOR, ETHNIC
ORIGIN, RELIGION, DISABILITY, OR SEX OR MEMBERSHIP IN AN OTHERWISE
PROTECTED CLASS PURSUANT TO FEDERAL LAW, THE ATTORNEY GENERAL MAY APPLY,
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT
OF THE STATE OF NEW YORK, ON FIVE-DAY'S NOTICE, FOR AN ORDER ENJOINING
A. 7422--A 12
THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECTING RESTITUTION AND
DAMAGES. IN ANY SUCH PROCEEDING, THE ATTORNEY GENERAL MAY SEEK A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER VIOLATION AND MAY
RECOVER COSTS PURSUANT TO PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
(B) THE TERM "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
(C) THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT BUSINESS ACTIVITY OR CONDUCT
WHICH SHALL AFFECT MORE THAN ONE PERSON.
(D) THE TERM "BUSINESS ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
ING PROGRAM.
(E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING UNDER THIS
SECTION, SUCH AUTHORIZATION SHALL NOT TERMINATE DUE TO SUCH ACTION OR
PROCEEDING BEING BROUGHT.
§ 220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I) A
PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT CHARGE A SEPARATELY ITEMIZED
FEE SOLELY FOR OPTIONAL VEHICLE PROTECTION, EXCEPT AS FOLLOWS:
(A) THE FEE CHARGED BY A PEER-TO-PEER CAR SHARING PROGRAM SHALL REPRE-
SENT THE PROGRAM'S GOOD-FAITH ESTIMATE OF A DAILY CHARGE, AS CALCULATED
BY THE PROGRAM, TO RECOVER THE ACTUAL, TOTAL ANNUAL EXPENSES, INCURRED
BY THE PROGRAM, TOGETHER WITH A COMMERCIALLY REASONABLE ALLOWANCE FOR
THE CONTRACTUAL RISKS ASSUMED BY THE PROGRAM, FOR THE PROGRAM'S AGREE-
MENT NOT TO HOLD SHARED VEHICLE DRIVERS WHO PURCHASE SUCH OPTIONAL VEHI-
CLE PROTECTION RESPONSIBLE FOR ALL OR PART OF ANY DAMAGE OR LOSS TO THE
SHARED VEHICLE;
(B) IF THE TOTAL AMOUNT OF OPTIONAL VEHICLE PROTECTION FEES COLLECTED
BY A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS SECTION IN ANY CALENDAR
YEAR EXCEEDS THE PROGRAM'S ACTUAL COSTS, THE PROGRAM SHALL DO BOTH OF
THE FOLLOWING:
(1) RETAIN THE EXCESS AMOUNT; AND
(2) ADJUST THE ESTIMATED, AVERAGE PER DAY OPTIONAL VEHICLE PROTECTION
FEE FOR THE FOLLOWING CALENDAR YEAR BY A CORRESPONDING AMOUNT.
(II) NOTHING HEREIN SHALL PREVENT A PEER-TO-PEER CAR SHARING PROGRAM
FROM MAKING ADJUSTMENT TO THE OPTIONAL VEHICLE PROTECTION FEE DURING THE
CALENDAR YEAR.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
PROTECTION UNLESS THE SHARED VEHICLE DRIVER AGREES TO THE PURCHASE OF
SUCH PROTECTION IN WRITING AT OR PRIOR TO THE TIME THE PEER-TO-PEER CAR
SHARING AGREEMENT IS EXECUTED.
(C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
PROTECTION EXCEPT FOR ONE OR MORE OF THE FOLLOWING REASONS:
(I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
(II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S OPERATION OF THE
VEHICLE WHILE INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS;
(III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-
PEER CAR SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE
INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
(IV) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE VEHICLE WHILE
ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
A. 7422--A 13
(V) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE TO
CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING, WHILE
ENGAGED IN A SPEED CONTEST, OPERATING OFF-ROAD, OR FOR DRIVER'S TRAIN-
ING;
(VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED VEHI-
CLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW
OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT OR PARENT-IN-
LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND RESIDES IN THE
SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A PARKING VALET OR
PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE NORMAL COURSE OF
EMPLOYMENT;
(VII) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN THAT USE IS NOT SPECIF-
ICALLY AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
(VIII) THE SHARED VEHICLE DRIVER OR HIS OR HER CHILD OVER THE AGE OF
EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER HAVE
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
(D) A SHARED DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION AT NO CHARGE
WITHIN TWENTY-FOUR HOURS OF PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS
ENTERED INTO A PEER-TO-PEER CAR SHARING AGREEMENT WITH A TERM OF TWO OR
MORE DAYS, (II) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER
TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION, AND (III)
SIGNS A CANCELLATION FORM PROVIDED BY THE PEER-TO-PEER CAR SHARING
PROGRAM.
(E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY PROSPECTIVELY
TERMINATE OPTIONAL VEHICLE PROTECTION AT ANY TIME, PROVIDED THE CUSTOM-
ER: (I) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER WITH
THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; (II) VOIDS THE OPTIONAL
VEHICLE PROTECTION IN WRITING; AND (III) PAYS THE OPTIONAL VEHICLE
PROTECTION CHARGE FOR ANY FULL OR PARTIAL DAY OR PORTION OF A DAY DURING
WHICH THE OPTIONAL VEHICLE PROTECTION WAS IN EFFECT.
2. SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT OF
THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
CLE DRIVER LIABLE FOR ACTUAL DAMAGE TO, OR LOSS OF, A SHARED VEHICLE,
PROVIDED THAT:
(A) ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL INSPECTION
AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
(B) ANY CHARGE FOR REPAIR OF SUCH DAMAGE SHALL BE LIMITED TO ACTUAL
AND REASONABLE COSTS AND SHALL BE ASSESSED AND BILLED SEPARATELY AND
APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
CONSPICUOUSLY, IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE ADVERTISED
COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
TO THE SHARED VEHICLE DRIVER, THAT THE PURCHASE OF SUCH PROTECTION IS
OPTIONAL, AND THAT PROSPECTIVE SHARED VEHICLE DRIVERS SHOULD EXAMINE
THEIR CREDIT CARD PROTECTIONS AND AUTOMOBILE INSURANCE POLICIES FOR
COVERAGE.
(B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
BY THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
FONT.
A. 7422--A 14
(C) WHEN THE WEBSITE OF A PEER-TO-PEER CAR SHARING PROGRAM OR THE
VIDEO PRESENTATION OF A TELEVISION OR INTERNET ADVERTISEMENT BY SUCH
PEER-TO-PEER CAR SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT OF THE
COST OF A SHARED VEHICLE, THE DEPICTION OF SUCH COST OF THE OPTIONAL
VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
(D) WHEN A RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION OF A TELE-
VISION ADVERTISEMENT CONTAINS THE STATEMENT OF THE COST OF A SHARED
VEHICLE, THE ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY BE ACCOMPA-
NIED BY AN ORAL STATEMENT OF THE COST OF THE OPTIONAL VEHICLE PROTECTION
IF OFFERED AS A SEPARATELY ITEMIZED PRODUCT.
(E) WHEN A TELEPHONE, INTERNET OR OTHER INQUIRY FOR THE COST OF A
SHARED VEHICLE IS MADE TO A PEER-TO-PEER CAR SHARING PROGRAM WHICH
INVOLVES AN INTERACTION WITH A REPRESENTATIVE OF A PEER-TO-PEER CAR
SHARING PROGRAM, THE REPRESENTATIVE OF SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL, IN RESPONSE TO THE INQUIRY, ADVISE THAT ADDITIONAL
OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL PROVIDE
THE COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
OF SUCH PROTECTION IS OPTIONAL AND THAT THE SHARED VEHICLE DRIVER'S
PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
(F) ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON THE
FOLLOWING INFORMATION ON ITS WEBSITE:
"NOTICES
THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS AND OBLI-
GATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR SHARING
AGREEMENT.
OPTIONAL VEHICLE PROTECTION (OVP): THIS CONTRACT OFFERS, FOR AN ADDI-
TIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
LOSS TO THE SHARED VEHICLE. OVP IS ALSO COMMONLY REFERRED TO AS A
"COLLISION DAMAGE WAIVER". THE PURCHASE OF OVP IS OPTIONAL AND MAY BE
DECLINED. BEFORE DECIDING WHETHER TO PURCHASE OVP, YOU MAY WISH TO
DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE INSURANCE MAINTAINED
BY YOURSELF OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS YOU ANY COVERAGE FOR
DAMAGE TO THE SHARED VEHICLE, AND THE AMOUNT OF DEDUCTIBLE UNDER ANY
SUCH COVERAGE.
OVP - WHEN VOID: OVP IS VOID AND SHALL NOT APPLY TO THE FOLLOWING SITU-
ATIONS:
1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE SHARED VEHICLE
DRIVER'S INTENTIONAL ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED OR UNLAW-
FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
2. THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION
SUPPLIED BY THE SHARED VEHICLE DRIVER;
3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
(A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
INFRACTION;
(B) TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING,
WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S
TRAINING;
(C) BY A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
SHARED VEHICLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR
PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT
A. 7422--A 15
OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND
RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE
NORMAL COURSE OF EMPLOYMENT;
(D) OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN NOT SPECIFICALLY
AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
(E) WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER CHILD OVER THE AGE
OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED VEHICLE DRIVER
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN LAW.
OVP - DAMAGE REPORTING REQUIREMENTS: IF THE SHARED VEHICLE SUSTAINS
DAMAGE OR LOSS, THE SHARED VEHICLE DRIVER IS REQUIRED TO COMPLETE AND
RETURN AN INCIDENT REPORT NOTICE TO THE PEER-TO-PEER CAR SHARING
PROGRAM.
OVP - RIGHT TO INSPECT VEHICLE DAMAGES: THE SHARED VEHICLE DRIVER AND
HIS OR HER INSURER HAVE THE RIGHT TO REQUEST AN INSPECTION OF THE SHARED
VEHICLE DAMAGES WITHIN SEVENTY-TWO HOURS OF THE RETURN OF THE VEHICLE.
FAILURE OF THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER TO REQUEST
SUCH INSPECTION WITHIN SEVENTY-TWO HOURS OF RETURN SHALL BE DEEMED A
WAIVER OF SUCH PERSON OR ENTITY'S RIGHT TO INSPECT THE DAMAGED VEHICLE.
THEFT OF THE SHARED VEHICLE: IF THE SHARED VEHICLE IS STOLEN DURING THE
TERM OF A PEER-TO-PEER CAR SHARING AGREEMENT, A SHARED VEHICLE DRIVER
MUST REPORT THE THEFT OF THE SHARED VEHICLE TO THE PEER-TO-PEER CAR
SHARING PROGRAM AND A LAW ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF
LEARNING OF SUCH THEFT."
(G) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE OF THE
PEER-TO-PEER CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT PROVIDED TO THE
SHARED VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT:
"NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL
VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
LOSS TO THE SHARED VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION
IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER
WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE COVERAGE PROVIDED BY
YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY THAT WILL COVER THE
SHARED VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE
PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR
VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED VEHICLE
AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
(H) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
FACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND, IN PLAIN
LANGUAGE, THE CONDITIONS AND EXCLUSIONS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
CLE OWNER OR THE PEER-TO-PEER CAR SHARING PROGRAM OF DAMAGE TO THE
SHARED VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM SUCH
SHARED VEHICLE DRIVER OF HIS OR HER RIGHT TO INSPECT THE VEHICLE, AND
THE PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS (B)
AND (C) OF SUBDIVISION FIVE OF THIS SECTION.
4. (A) UPON IDENTIFICATION OF DAMAGE BY THE SHARED VEHICLE OWNER OR
PEER-TO-PEER CAR SHARING PROGRAM AT THE TIME OF RETURN OF THE SHARED
VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
IN TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE SHARED
VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
THE SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND A
A. 7422--A 16
NOTICE, PURSUANT TO THIS PARAGRAPH, OF THE OBLIGATION OF THE SHARED
VEHICLE DRIVER TO EXECUTE AND RETURN TO THE PEER-TO-PEER CAR SHARING
PROGRAM A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE IS RETURNED BY AUTO-
MATION, RETURNED AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
OR PEER-TO-PEER CAR SHARING PROGRAM, SUCH INCIDENT REPORT FORM AND
NOTICE SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN
A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
OF SIX YEARS.
(B) WITHIN SEVENTY-TWO HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER MUST
NOTIFY OR SEND NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM THAT
EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR SEND
A REQUEST FOR THIS INSPECTION WITHIN THE SEVENTY-TWO-HOUR PERIOD, HE,
SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
(C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
RETURN THE INCIDENT REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER THAN
TEN DAYS AFTER THE MAILING OF NOTIFICATION PURSUANT TO SUCH PARAGRAPH
(A), MAIL ANOTHER COPY OF THE INCIDENT REPORT TOGETHER WITH A LETTER
STATING THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE FAILED
TO COMPLETE AND RETURN THE INCIDENT REPORT. SUCH MAILING SHALL BE BY
OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
AND ANOTHER COPY OF SUCH NOTIFICATION BY REGULAR MAIL, WITH PROOF OF
MAILING BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST OFFICE.
WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
SHARED VEHICLE DRIVER OR HIS OR HER INSURER, THE INSPECTION SHALL BE
COMPLETED WITHIN SEVEN DAYS OF SUCH REQUEST. IF THE PEER-TO-PEER CAR
SHARING PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND
SUBJECT TO SALVAGE, SUCH SEVENTY-TWO HOUR PERIOD FOR NOTIFICATION OR
WAIVER OF THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN BUSINESS
DAYS FROM THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION FROM THE
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION TO INSPECT THE DAMAGED VEHICLE, UNLESS THE PEER-TO-PEER CAR
SHARING PROGRAM AGREES TO PROVIDE ACCESS TO SUCH DAMAGED VEHICLE BEYOND
THE TEN BUSINESS DAYS PROVIDED HEREIN. WITHIN THE LIMITS PROVIDED IN
THIS PARAGRAPH, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL IDENTIFY THE
REPAIRER OF, AND PROVIDE ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
VERIFY THE NATURE AND EXTENT OF DAMAGES, REPAIRS AND REPAIR COSTS,
AND/OR REPAIR ESTIMATES.
(D) ALL NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS AS DESIGNATED
BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.
(E) THE SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS OF
THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
(F) THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE IN AT LEAST
TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT WITHIN
TEN DAYS OF RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
LIABLE FOR DAMAGES SUSTAINED TO THE SHARED VEHICLE. EXCEPT WHERE THE
DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
A. 7422--A 17
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
FROM THE RETURN OR RECOVERY OF THE VEHICLE TO NOTIFY THE PEER-TO-PEER
CAR SHARING PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
CLE. THE INSPECTION MUST BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF THE
REQUEST TO INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER OR
HIS OR HER INSURER REQUESTING SUCH INSPECTION WITHIN THE SEVENTY-TWO-
HOUR PERIOD, THE SHARED VEHICLE DRIVER AND HIS OR HER INSURER WILL BE
DEEMED TO HAVE WAIVED THIS RIGHT. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
SALVAGE, SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF THE
WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH RIGHT TO
INSPECT THE DAMAGED VEHICLE SHALL EXPIRE TEN BUSINESS DAYS FROM THE
SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
SHARING COMPANY. UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR
HER INSURER, WE WILL PROVIDE A COPY OF THE PROFESSIONAL ESTIMATE OF THE
COSTS OF REPAIRING THE DAMAGED MOTOR VEHICLE." INFORMATION THAT IS
PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL SATISFY ANY
REPORTING OBLIGATION OF A SHARED VEHICLE DRIVER IF SUCH RESPONSE
SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM OF LOSS, SAME SHALL BE
REQUESTED OF THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
(G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING SHALL
CONSTITUTE AN "INCIDENT REPORT FORM":
(A) A MOTOR VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
(B) ANY SIMILAR APPROPRIATE FORM FURNISHED BY THE PEER-TO-PEER CAR
SHARING PROGRAM.
(II) AN INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH:
(A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH A REQUEST
THAT HE OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
(B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS A FILL-IN FORM ON THE
PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
ER SHALL BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS SUBDI-
VISION.
(H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
HE OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED BY PARAGRAPH (B) OF
THIS SUBDIVISION.
(I) THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT REPORT
FORM, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF OF MAILING BY
PRODUCTION OF A CERTIFICATE OF MAILING. IF SUCH SHARED VEHICLE DRIVER
SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED INCIDENT REPORT
WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
SUBDIVISION SHALL BE DEEMED SATISFIED.
A. 7422--A 18
5. (A) A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME THE
SHARED VEHICLE IS UNDER THE PEER-TO-PEER CAR SHARING AGREEMENT;
PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE FOR
ANY NORMAL WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION OF
THE CONDITION OF THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE OF
THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
TIME THE SHARED VEHICLE IS SUBJECT TO THE PEER-TO-PEER CAR SHARING
AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE COSTS" SHALL MEAN THE
COST TO REPAIR THE SHARED VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND SHALL
INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.
(B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
LESSER OF:
(I) THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR SHARING
PROGRAM INCURRED TO REPAIR THE MOTOR VEHICLE OR THAT THE PEER-TO-PEER
CAR SHARING PROGRAM WOULD HAVE INCURRED IF THE MOTOR VEHICLE HAD BEEN
REPAIRED, WHICH SHALL REFLECT ANY DISCOUNTS, PRICE REDUCTIONS, OR
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
(II) THE FAIR MARKET VALUE OF THE SHARED VEHICLE IMMEDIATELY BEFORE
THE DAMAGE OCCURRED, AS DETERMINED IN THE APPLICABLE MARKET FOR THE
RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
(C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR LOSS OF A SHARED VEHICLE SHALL NOT EXCEED
REASONABLE COSTS INCURRED BY THE PEER-TO-PEER CAR SHARING PROGRAM FOR
SUCH LOSS DUE TO THEFT OF SUCH SHARED VEHICLE UP TO ITS FAIR MARKET
VALUE, AS DETERMINED BY THE APPLICABLE MARKET FOR THE RETAIL SALE OF
SUCH VEHICLE IF IT IS ESTABLISHED THAT SUCH SHARED VEHICLE DRIVER FAILED
TO EXERCISE REASONABLE CARE OR THAT SUCH SHARED VEHICLE DRIVER COMMIT-
TED, OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT OF SUCH SHARED
VEHICLE.
(D) DAMAGES INCURRED FOR THE LOSS OF USE OF A SHARED VEHICLE AND
RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
CLE DRIVER OR HIS OR HER INSURER.
(E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
DRIVER LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING PROGRAM
RECOVERS FROM ANY OTHER PARTY.
(F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
THE PEER-TO-PEER CAR SHARING PROGRAM:
(I) OBTAINS AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER IN THE
BUSINESS OF PROVIDING SUCH APPRAISALS REGARDING THE COST OF REPAIRING
SUCH SHARED VEHICLE;
(II) PROVIDES A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH SHARED
VEHICLE DRIVER; AND
(III) SUBMITS A COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
(G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM DAMAGE OR
LOSS TO A SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
A. 7422--A 19
THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR COLLECT ANY CLAIM
FOR PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
(B) OF THIS SUBDIVISION.
(H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE POLICY
OF THE DRIVER OF A SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
PEER-TO-PEER CAR SHARING PROGRAM SUBMIT ANY CLAIMS TO SUCH DRIVER'S
INSURANCE CARRIER. UPON THE REQUEST OF A SHARED VEHICLE DRIVER, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO SUCH DRIV-
ER'S INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS THAT IT SHALL NOT NEGOTIATE WITH SUCH DRIVER'S INSURANCE
CARRIER.
6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
SECURITY, DEPOSIT, OR PAYMENT FOR DAMAGE IN ANY FORM, BY CREDIT CARD,
DEBIT CARD OR OTHERWISE, OR REPORT THE DEBT TO ANY CONSUMER REPORTING
AGENCY, AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED EIGHTY-A
OF THIS CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING AGREE-
MENT, PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
IN A COURT OF COMPETENT JURISDICTION.
(B) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR AN
ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
DRIVER, IN ANY FORM, FOR DAMAGES TO A SHARED VEHICLE WHICH IS IN THE
SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
(C) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
RETURN OR RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION, UNTIL AFTER
THE COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS AGREED
TO BETWEEN SUCH PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE
DRIVER OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR SHAR-
ING AGREEMENT PROVISIONS CONSISTENT WITH LAW AND THE RIGHTS AND OBLI-
GATIONS SET FORTH IN THIS SECTION; PROVIDED, HOWEVER, THAT A PEER-TO-
PEER CAR SHARING PROGRAM IS NOT PRECLUDED FROM PRESENTING A CLAIM TO A
SHARED VEHICLE DRIVER AND HIS OR HER INSURER PURSUANT TO OTHER
PROVISIONS OF THIS SECTION.
(D) CAUSES OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE APPROPRIATE, BE
COMMENCED BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED A DEMAND
LETTER. A DEMAND LETTER SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND POST OFFICE
ADDRESS OF SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME WHEN, THE PLACE
WHERE AND THE MANNER IN WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT
KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS DISCOVERED BY THE
SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED, ACCOMPANIED
BY SUPPORTING DOCUMENTATION, SUCH AS REPAIR BILLS, INVOICES AND ESTI-
MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED UPON SUCH SHARED VEHICLE
DRIVER AND HIS OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
NOTHING CONTAINED HEREIN SHALL PROHIBIT A PEER-TO-PEER CAR SHARING
PROGRAM AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
A. 7422--A 20
INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE MATTER TO ARBI-
TRATION OR MEDIATION.
7. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
DRIVER LIABLE FOR ANY DAMAGE TO, OR LOSS OF, A SHARED VEHICLE, AS
PROVIDED BY THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN AT
LEAST TWELVE POINT BOLD FACE DISPLAY, THE NATURE AND EXTENT OF SUCH
LIABILITY AND SUCH DRIVER'S RIGHTS AND RESPONSIBILITIES PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (G) OF
SUBDIVISION THREE OF THIS SECTION.
8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE TO THE PEER-TO-PEER
CAR SHARING PLATFORM AND APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN
TWELVE HOURS OF LEARNING OF THE THEFT OF A SHARED VEHICLE.
§ 220-I. RATE DISCLOSURES. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL
ADVERTISE OR QUOTE A RATE THAT DOES NOT INCLUDE ALL CHARGES, EXCEPT
TAXES OR OPTIONAL ITEMS AND/OR SERVICES OR ANY MILEAGE CHARGE, WHICH THE
SHARED VEHICLE DRIVER MUST PAY TO OBTAIN ACCESS TO THE VEHICLE.
§ 220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT SHALL BE UNLAWFUL
FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
ING PRACTICES SOLELY ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE
RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A PEER-
TO-PEER CAR SHARING AGREEMENT:
1. REFUSING TO ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
PROGRAM;
2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR SHARING OF A
SHARED VEHICLE; OR
3. IMPOSING ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
§ 220-K. GLOBAL POSITIONING SYSTEMS. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT USE INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM
TECHNOLOGY TO DETERMINE OR IMPOSE ANY COSTS, FEES, CHARGES, OR PENALTIES
ON A SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF A SHARED VEHICLE.
THE USE OF GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF
SUCH PEER-TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR
PENALTIES TO RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR STOLEN. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR
SUPERSEDE ANY OTHER PROVISION OF LAW.
§ 220-L. NOTICE. IN ACCORDANCE WITH ANY APPLICABLE FEDERAL LAW OR
RULE, EVERY PEER-TO-PEER CAR SHARING PROGRAM SHALL DISPLAY THE FOLLOWING
NOTICE PROMINENTLY AND IN A CLEAR AND CONSPICUOUS LOCATION ON ITS
WEBSITE, WITH LETTERING THAT IS LEGIBLE:
"NOTICE: NEW YORK STATE LAW PROHIBITS THE FOLLOWING PRACTICES BY PEER-
TO-PEER CAR SHARING PROGRAMS BASED UPON RACE, COLOR, ETHNIC ORIGIN,
RELIGION, DISABILITY, SEX, MARITAL STATUS, OR AGE: (1) REFUSAL TO ALLOW
PARTICIPATION IN A PEER-TO-PEER CAR SHARING PROGRAM; AND (2) THE IMPOSI-
TION OF ANY ADDITIONAL CHARGE (EXCEPT IN CERTAIN INSTANCES WHERE THE
SHARED VEHICLE DRIVER IS UNDER THE AGE OF 25). IN ADDITION, IT IS UNLAW-
FUL FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO REFUSE TO ALLOW PARTIC-
IPATION IN THE PROGRAM TO ANY PERSON SOLELY ON THE REQUIREMENT OF OWNER-
SHIP OF A CREDIT CARD."
§ 220-M. ELECTRONIC NOTICE AUTHORIZED. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE OR ARTICLE THIRTY-FIVE OF THE INSURANCE LAW,
ANY NOTICE OR DISCLOSURE OF GENERAL APPLICABILITY REQUIRED TO BE
PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE AVAILABLE BY A PEER-TO-
PEER SHARING PROGRAM PURSUANT TO ANY PROVISION OF THIS ARTICLE OR ARTI-
CLE THIRTY-FIVE OF THE INSURANCE LAW SHALL ALSO BE DEEMED TIMELY AND
A. 7422--A 21
EFFECTIVELY MADE WHERE SUCH NOTICE OR DISCLOSURE IS PROVIDED OR DELIV-
ERED ELECTRONICALLY TO THE SHARED VEHICLE OWNER AND/OR DRIVER AT OR
BEFORE THE TIME REQUIRED, PROVIDED THAT SUCH SHARED VEHICLE OWNER AND/OR
DRIVER HAS GIVEN HIS OR HER EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR
DISCLOSURE IN SUCH A MANNER.
2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY BE DEEMED A VALID
FORM OF ACCEPTANCE OF ANY SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS ACCEPTANCE IS AFFIRMATIVELY
WITHDRAWN BY SUCH SHARED VEHICLE DRIVER. NOTICES AND DISCLOSURES MADE
ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM ANY
PLACEMENT OR STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
TO LOCATION, FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED
DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
MANNER.
§ 220-N. AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT
NOT LIMITED TO THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING COMMERCE
AT SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR SHAR-
ING PROGRAM ENTER INTO AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-
PEER CAR SHARING PROGRAM SHALL ENTER INTO A WRITTEN AGREEMENT, WHERE THE
PEER-TO-PEER CAR SHARING PROGRAM OR SHARED VEHICLE OWNER USES THE
PROGRAM TO:
1. LIST VEHICLES PARKED ON AIRPORT PROPERTY OR AT AIRPORT FACILITIES;
2. CONTRACT FOR TRANSPORTATION TO OR FROM AIRPORT PROPERTY OR AIRPORT
FACILITIES;
3. FACILITATE THE USE OF A SHARED VEHICLE TO TRANSPORT AIRPORT PASSEN-
GERS ON OR OFF AIRPORT PROPERTY; OR
4. PROMOTE OR MARKET A SHARED VEHICLE TO TRANSPORT AIRPORT PASSENGERS
ON OR OFF AIRPORT PROPERTY.
§ 220-O. ENFORCEMENT. 1. EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE, ANY PEER-TO-
PEER CAR SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
FOR EACH VIOLATION.
2. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH PEER-TO-PEER
CAR SHARING PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
THE CONTINUANCE OF SUCH VIOLATIONS.
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
(C) IN ANY PROCEEDING AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
(D) IN SUPPORT OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
3. ANY CLAUSE OR PROVISION OF A PEER-TO-PEER CAR SHARING AGREEMENT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
AGAINST PUBLIC POLICY.
§ 4. The tax law is amended by adding a new article 29-D to read as
follows:
A. 7422--A 22
ARTICLE 29-D
ASSESSMENT FEES
SECTION 1299-J. DEFINITIONS
1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE.
1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT ASSESSMENT FEE.
1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE.
1299-N. PRACTICE AND PROCEDURE.
§ 1299-J. DEFINITIONS. TERMS USED IN THIS ARTICLE SHALL HAVE THE SAME
MEANING AS IN SECTION THREE THOUSAND FIVE HUNDRED ONE OF THE INSURANCE
LAW UNLESS EXPRESSLY PROVIDED OTHERWISE. FOR PURPOSES OF THIS ARTICLE,
THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEANING:
"GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER" MEANS ALL CONSIDER-
ATION PAID BY A SHARED VEHICLE DRIVER FOR USE OF A SHARED VEHICLE,
INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT FOR SEPARATELY STATED CHARG-
ES FOR TAXES AND GOVERNMENT-IMPOSED FEES AND AIRPORT FACILITY FEES,
WHETHER IMPOSED ON THE SHARED VEHICLE DRIVER OR PASSED THROUGH TO THE
SHARED VEHICLE DRIVER.
§ 1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE. THERE
IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHARING PROGRAM A FEE OF TWO
PERCENT OF THE GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER WHEN THE
CAR SHARING PERIOD BEGINS OR TERMINATES ANYWHERE IN THE STATE. THE
COMMISSIONER SHALL DEPOSIT SUCH PROCEEDS TO THE CREDIT OF THE GENERAL
FUND. THE TAX IMPOSED UNDER THIS SECTION SHALL INCREASE TO THREE PERCENT
OF GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER ON THE FIRST OF JANU-
ARY, TWO THOUSAND TWENTY-THREE.
§ 1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION DISTRICT
ASSESSMENT FEE. THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHAR-
ING PROGRAM A METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE OF TWO
PERCENT OF THE GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER WHEN THE
CAR SHARING PERIOD BEGINS OR TERMINATES ANYWHERE IN METROPOLITAN COMMU-
TER TRANSPORTATION DISTRICT AS DESCRIBED IN SUBSECTION (A) OF SECTION
EIGHT HUNDRED OF THIS CHAPTER. THE COMMISSIONER SHALL DEPOSIT AND
DISPOSE OF THE PROCEEDS OF THE ASSESSMENT IMPOSED UNDER THIS SECTION
INTO THE CORPORATE TRANSPORTATION ACCOUNT OF THE METROPOLITAN TRANSPOR-
TATION AUTHORITY SPECIAL ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE
HUNDRED SEVENTY-A OF THE PUBLIC AUTHORITIES LAW, TO BE APPLIED AS
PROVIDED IN PARAGRAPH (E) SUBDIVISION FOUR OF SUCH SECTION. THE TAX
IMPOSED UNDER THIS SECTION SHALL INCREASE TO THREE PERCENT OF GROSS
CHARGES PAID BY THE SHARED VEHICLE DRIVER ON THE FIRST OF JANUARY, TWO
THOUSAND TWENTY-THREE.
§ 1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE. THERE
IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHARING PROGRAM A REGIONAL
TRANSPORTATION FEE OF TWO PERCENT OF THE GROSS CHARGES PAID BY THE
SHARED VEHICLE DRIVER FOR EVERY CAR SHARING PERIOD THAT IS NOT SUBJECT
TO THE FEE IMPOSED UNDER SECTION ONE THOUSAND TWO HUNDRED NINETY-NINE-L
OF THIS ARTICLE. THE COMMISSIONER SHALL DEPOSIT AND DISPOSE OF THE
PROCEEDS IMPOSED UNDER THIS SECTION INTO THE PUBLIC TRANSPORTATION
SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-
EIGHT-A OF THE STATE FINANCE LAW. THE TAX IMPOSED UNDER THIS SECTION
SHALL INCREASE TO THREE PERCENT OF GROSS CHARGES PAID BY THE SHARED
VEHICLE DRIVER ON THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
§ 1299-N. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-
NINE-B OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION
AND PROCEDURE WITH RESPECT TO THE FEES IMPOSED BY THIS ARTICLE IN THE
SAME MANNER AND IN THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH
A. 7422--A 23
SECTIONS OF ARTICLE TWENTY-NINE-B OF THIS CHAPTER HAD BEEN INCORPORATED
IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE FEES IMPOSED
UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS
EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT
TO THIS ARTICLE. THE FEES IMPOSED UNDER THIS ARTICLE ARE IN LIEU OF AND
REPLACE ANY TAX AS MAY BE IMPOSED UNDER SECTIONS ONE THOUSAND ONE
HUNDRED SIXTY, ONE THOUSAND ONE HUNDRED SIXTY-SIX-A, AND ONE THOUSAND
ONE HUNDRED SIXTY-SIX-B OF THIS CHAPTER.
§ 5. Paragraphs (c) and (d) of subdivision 4 of section 311 of the
vehicle and traffic law, paragraph (c) as amended by chapter 200 of the
laws of 1974, are amended and a new paragraph (e) is added to read as
follows:
(c) In the case of a vehicle lawfully registered in another state, or
in both this state and another state, either a policy issued by an
authorized insurer, or a policy issued by an unauthorized insurer
authorized to transact business in another state if such unauthorized
insurer files with the commissioner in form to be approved by him a
statement consenting to service of process and declaring its policies
shall be deemed to be varied to comply with the requirements of this
article; [and]
(d) The form of which has been approved by the superintendent. No such
policy shall be issued or delivered in this state until a copy of the
form of policy shall have been on file with the superintendent for at
least thirty days, unless sooner approved in writing by the superinten-
dent, nor if within said period of thirty days the superintendent shall
have notified the carrier in writing that in his opinion, specifying the
reasons therefor, the form of policy does not comply with the laws of
this state[.]; AND
(E) IN THE CASE OF A SHARED VEHICLE, AS DEFINED IN ARTICLE THIRTY-FIVE
OF THE INSURANCE LAW, WHICH SHALL BE USED IN CONNECTION WITH A PEER-TO-
PEER CAR SHARING PROGRAM AS DEFINED IN SUCH ARTICLE, THE INSURANCE
REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
SATISFIED BY INSURANCE OR FINANCIAL SECURITY REQUIRED TO BE MAINTAINED
IN ACCORDANCE WITH ARTICLE THIRTY-FIVE OF THE INSURANCE LAW FOR THE CAR
SHARING PERIOD AS DEFINED THEREIN. SUCH INSURANCE AND FINANCIAL SECURITY
SHALL BE DEEMED SUFFICIENT AND ADEQUATE FOR THE SHARED VEHICLE TO OPER-
ATE IN THIS STATE AS A SHARED VEHICLE FOR THE DURATION OF THE CAR SHAR-
ING PERIOD AS DEFINED IN ARTICLE THIRTY-FIVE OF THE INSURANCE LAW.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
co-Sponsors
Kevin Cahill
2019-A7422B (ACTIVE) - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Insurance Law
- Laws Affected:
- Add §§3457, 3458, 3459 & 3460, Ins L; add Art 40 §§900 - 920, Gen Bus L; add Art 29-D §§1299-J - 1299-S, amd §171-a, Tax L; amd §§600 & 601, V & T L
- Versions Introduced in 2021-2022 Legislative Session:
-
A2349
2019-A7422B (ACTIVE) - Summary
Enacts the peer-to-peer car sharing program act, which provides guidelines for establishing peer-to-peer car sharing programs and outlines how they shall be insured, which cars shall be used, how drivers shall work under such programs, and how liability should be determined under such programs in the case of an accident or damaged property.
2019-A7422B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7422--B
2019-2020 Regular Sessions
I N A S S E M B L Y
May 1, 2019
___________
Introduced by M. of A. RODRIGUEZ, CAHILL -- read once and referred to
the Committee on Insurance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Insurance in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, the general business law, the tax law
and the vehicle and traffic law, in relation to enacting the peer-to-
peer car sharing program act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "peer-to-peer car sharing program act".
§ 2. The insurance law is amended by adding four new sections 3457,
3458, 3459 and 3460 to read as follows:
§ 3457. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS. (A)
FOR THE PURPOSES OF THIS SECTION AND SECTIONS THREE THOUSAND FOUR
HUNDRED FIFTY-EIGHT, THREE THOUSAND FOUR HUNDRED FIFTY-NINE AND THREE
THOUSAND FOUR HUNDRED SIXTY OF THIS ARTICLE, THE FOLLOWING DEFINITIONS
SHALL APPLY:
(1) "PEER-TO-PEER CAR SHARING" SHALL HAVE THE SAME MEANING AS SET
FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(2) "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL HAVE THE
SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(3) "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSI-
NESS LAW.
(4) "SHARED VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTI-
CLE FORTY OF THE GENERAL BUSINESS LAW.
(5) "SHARED VEHICLE DRIVER" SHALL HAVE THE SAME MEANING AS SET FORTH
IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11222-21-0
A. 7422--B 2
(6) "SHARED VEHICLE OWNER" SHALL HAVE THE SAME MEANING AS SET FORTH IN
ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(7) "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL HAVE THE SAME
MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(8) "PEER-TO-PEER CAR SHARING START TIME" SHALL HAVE THE SAME MEANING
AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(9) "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR SHARING PERIOD" SHALL
HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSI-
NESS LAW.
(10) "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL HAVE THE SAME
MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(11) "GROUP POLICY" MEANS AN INSURANCE POLICY THAT PROVIDES INSURANCE
TO A PEER-TO-PEER CAR SHARING PROGRAM IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SECTION NINE HUNDRED TWO OF THE GENERAL BUSINESS LAW.
(12) "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTI-
CLE FORTY OF THE GENERAL BUSINESS LAW.
(B) AN INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE MAY ISSUE, OR ISSUE FOR DELIVERY IN THIS STATE, A GROUP POLICY OF
LIABILITY AND PROPERTY AND CASUALTY INSURANCE TO A PEER-TO-PEER CAR
SHARING PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING PROGRAM, SHARED
VEHICLES UNDER THE TERMS AND CONDITIONS OF PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENTS, SHARED VEHICLE DRIVERS, AND OCCUPANTS OF SHARED
VEHICLES, AS WELL AS THE PROGRAM'S AGENTS, EMPLOYEES, DIRECTORS, OFFI-
CERS AND ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
(1) SUCH POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE
AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR ANY
OTHER OPERATOR OF THE SHARED VEHICLE IN THE CIRCUMSTANCES DESCRIBED IN
SUBDIVISION TWO OF SECTION NINE HUNDRED THREE OF THE GENERAL BUSINESS
LAW;
(2) SUCH POLICY SHALL PROVIDE COVERAGE IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SUBDIVISION TWO OF SECTION NINE HUNDRED TWO OF THE GENERAL
BUSINESS LAW.
(C) AN INSURER WHICH ISSUES AN INSURANCE POLICY DESCRIBED IN
SUBSECTION (B) OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
PEER-TO-PEER CAR SHARING PROGRAM AS THE NAMED INSURED, AND ANY SUCH
POLICY SHALL INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER
CAR SHARING PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
THE SHARED VEHICLE DRIVERS AND OCCUPANTS ARE INCLUDED AS INSUREDS UNDER
THE POLICY TO THE SAME EXTENT THAT THEY WOULD BE INSURED UNDER A PRIVATE
PASSENGER MOTOR VEHICLE POLICY ISSUED PURSUANT TO SECTION THREE THOUSAND
FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE AND SECTION THREE HUNDRED ELEV-
EN OF THE VEHICLE AND TRAFFIC LAW.
(D) A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (B) AND (C) OF THIS
SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION AND SECTION THREE THOUSAND FOUR HUNDRED SIXTY OF THIS ARTICLE.
(E) AN INSURER WHICH IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO A PEER-
TO-PEER CAR SHARING PROGRAM TO INSURE AGAINST LOSS DUE TO PHYSICAL
DAMAGE TO SHARED VEHICLES WHILE THE SHARED VEHICLES ARE IN THE CUSTODY
OF SUCH PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE DRIVER. SUCH
GROUP POLICY SHALL PROVIDE PRIMARY COVERAGE FOR PHYSICAL DAMAGE LOSS
EITHER BY COLLISION COVERAGE, COMPREHENSIVE COVERAGE, OR BOTH, TO THE
SHARED VEHICLE WHILE IT SHALL BE IN THE CUSTODY OF THE PEER-TO-PEER CAR
SHARING PROGRAM-SHARED VEHICLE DRIVER.
A. 7422--B 3
(F) AN INSURER WHICH ISSUES A GROUP INSURANCE POLICY DESCRIBED IN THIS
SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE PEER-TO-PEER CAR SHARING
PROGRAM AS THE NAMED INSURED, AND ANY SUCH POLICY SHALL INCLUDE A
PROVISION THAT PROVIDES PRIMARY COVERAGE, WITHOUT PRIOR NOTICE TO THE
INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER CAR SHARING
PERIOD. SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT CLAIMS SHALL BE
ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED TWELVE OF THIS
ARTICLE, AND IT SHALL FURTHER INCLUDE PHYSICAL DAMAGE COVERAGE FOR
DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN INCURRED
DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL NO LESS THAN THAT
OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
(G) A GROUP POLICY, AS PROVIDED FOR IN SUBSECTION (E) OF THIS SECTION,
SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(H) COVERAGE UNDER A GROUP POLICY, AS PROVIDED FOR IN THIS SECTION,
SHALL NOT BE DEPENDENT ON A PERSONAL MOTOR VEHICLE LIABILITY INSURER
FIRST DENYING A CLAIM, NOR SHALL A PERSONAL MOTOR VEHICLE INSURANCE
POLICY BE REQUIRED TO FIRST DENY A CLAIM BEFORE THE GROUP POLICY SHALL
AFFORD COVERAGE PURSUANT TO THIS SECTION.
(I) GROUP COVERAGE PROVIDED FOR IN THIS SECTION MAY BE PLACED WITH AN
EXCESS LINE BROKER PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN
OF THIS CHAPTER.
§ 3458. CAR SHARE EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY
INSURANCE POLICIES. (A) THE DEFINITIONS SET FORTH IN SECTION THREE THOU-
SAND FOUR HUNDRED FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO THIS
SECTION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER MAY EXCLUDE ANY
AND ALL COVERAGE AFFORDED UNDER THE POLICY ISSUED TO THE SHARED VEHICLE
OWNER FOR ANY LOSS OR INJURY THAT OCCURS DURING THE CAR SHARING PERIOD
INCLUDING:
(1) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
(2) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THIS CHAPTER;
(3) UNINSURED MOTORIST COVERAGE;
(4) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVERAGE; AND
(5) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
(C) THE SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER SHALL
NOTIFY THE SHARED VEHICLE OWNER THAT THERE IS NO DUTY TO DEFEND OR
INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY FOR ANY LOSS THAT
SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
(D) NOTHING IN THIS ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
INSURANCE POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE
FOR MOTOR VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSI-
NESS USE.
§ 3459. PROHIBITION AGAINST CANCELLATION OF POLICY WHEN MOTOR VEHICLE
IS USED OR OPERATED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM. (A) AN
INSURER SHALL NOT CANCEL AN EXISTING MOTOR VEHICLE INSURANCE POLICY
SOLELY ON THE BASIS THAT THE MOTOR VEHICLE COVERED BY THE INSURANCE
POLICY HAS BEEN MADE AVAILABLE PURSUANT TO A PEER-TO-PEER CAR SHARING
PROGRAM IN COMPLIANCE WITH ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(B) THE DEFINITIONS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO THIS SECTION.
§ 3460. NOTICE OF CLAIM. (A) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THIS
CHAPTER, 11 NYCRR PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE OF CLAIM
A. 7422--B 4
TO THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED NOTICE
TO ALL APPROPRIATE PARTIES AND INSURERS.
(B) ANY SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM RECEIVING SUCH NOTICE
SHALL PROVIDE SUCH NOTICE TO ALL APPROPRIATE PARTIES.
§ 3. The general business law is amended by adding a new article 40 to
read as follows:
ARTICLE 40
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 900. DEFINITIONS.
901. LICENSING.
902. REQUIREMENTS FOR DOING BUSINESS.
903. PROGRAM LIABILITY.
904. LIEN IMPLICATIONS; NOTIFICATION.
905. INSURABLE INTEREST.
906. DISCLOSURES.
907. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
908. RESPONSIBILITY FOR EQUIPMENT.
909. SAFETY RECALLS.
910. DISCRIMINATION BASED ON AGE PROHIBITED.
911. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP
PROHIBITED.
912. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
913. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
914. RATE DISCLOSURES.
915. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
916. GLOBAL POSITIONING SYSTEMS.
917. NOTICE.
918. ELECTRONIC NOTICE AUTHORIZED.
919. AIRPORT TRANSACTIONS.
920. ENFORCEMENT.
§ 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "PEER-TO-PEER CAR SHARING" SHALL MEAN THE AUTHORIZED USE OF A
SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
PEER-TO-PEER CAR SHARING PROGRAM.
2. "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL MEAN THE
INSTITUTION, SOLE PROPRIETORSHIP OR OTHER ENTITY OR PERSON THAT IS
RESPONSIBLE FOR OPERATING, FACILITATING OR ADMINISTERING THE MEANS,
DIGITAL OR OTHERWISE, BY WHICH A BUSINESS PLATFORM FACILITATES PEER-TO-
PEER CAR SHARING FOR FINANCIAL CONSIDERATION.
3. "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
4. "SHARED VEHICLE" MEANS A MOTOR VEHICLE THAT IS AVAILABLE FOR SHAR-
ING THROUGH A PEER-TO-PEER CAR SHARING PROGRAM THAT IS BOTH:
(A) USED NONEXCLUSIVELY FOR PEER-TO-PEER CAR SHARING ACTIVITY PURSUANT
TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT; AND
(B) NOT OTHERWISE MADE AVAILABLE BY THE SHARED VEHICLE OWNER FOR USE
AS A RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF
THE VEHICLE AND TRAFFIC LAW.
5. "SHARED VEHICLE DRIVER" SHALL MEAN A DRIVER, AS SUCH TERM IS
DEFINED BY SECTION ONE HUNDRED THIRTEEN OF THE VEHICLE AND TRAFFIC LAW,
A. 7422--B 5
OF A SHARED VEHICLE DURING THE SHARING PERIOD WHO HAS BEEN AUTHORIZED TO
USE SUCH SHARED VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM
AGREEMENT.
6. "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF A SHARED
VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM.
7. "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD OF
TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF
THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY
THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
8. "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE
DRIVER AT, OR AFTER, THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO-PEER CAR
SHARING PROGRAM.
9. "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR SHARING PERIOD" SHALL
MEAN THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR
SHARING DELIVERY PERIOD OR, IF THERE IS NO PEER-TO-PEER CAR SHARING
DELIVERY PERIOD, THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-
TO-PEER CAR SHARING START TIME AND, IN EITHER CASE, SHALL END AT THE
PEER-TO-PEER CAR SHARING TERMINATION TIME.
10. "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE EARLI-
EST OF THE FOLLOWING EVENTS:
(A) THE EXPIRATION OF THE AGREED UPON PERIOD OF TIME ESTABLISHED FOR
THE USE OF A SHARED VEHICLE ACCORDING TO THE TERMS OF THE CAR SHARING
PROGRAM AGREEMENT IF THE SHARED VEHICLE IS DELIVERED TO THE LOCATION
AGREED UPON IN THE CAR SHARING PROGRAM AGREEMENT;
(B) RETURNED TO A LOCATION AS ALTERNATIVELY AGREED UPON BY THE SHARED
VEHICLE OWNER AND SHARED VEHICLE DRIVER AS COMMUNICATED THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM; OR
(C) WHEN THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S
AUTHORIZED DESIGNEE TAKES POSSESSION AND CONTROL OF THE SHARED VEHICLE.
11. "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-SEVEN OF THE INSURANCE LAW.
12. "MOTOR VEHICLE" SHALL:
(A) HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW; AND
(B) HAVE A GROSS WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS.
13. "OPTIONAL VEHICLE PROTECTION" SHALL:
(A) MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT NOT TO HOLD A
SHARED VEHICLE DRIVER LIABLE FOR ALL OR PART OF ANY DAMAGE OR LOSS TO
THE SHARED VEHICLE, ANY LOSS OF USE OF THE SHARED VEHICLE, OR ANY STOR-
AGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARGES FOR WHICH A SHARED VEHI-
CLE DRIVER MAY BE LIABLE.
(B) ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE USED
IN THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED TO,
"COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
"LDW", AND "PHYSICAL DAMAGE WAIVER".
§ 901. LICENSING. A PEER-TO-PEER CAR SHARING PROGRAM MAY NOT OPERATE
WITHIN THE STATE WITHOUT FIRST HAVING OBTAINED A LICENSE ISSUED BY THE
DEPARTMENT OF STATE IN A FORM AND MANNER AND WITH APPLICABLE FEES AS
PROVIDED FOR BY REGULATIONS PROMULGATED BY THE SECRETARY OF STATE. AS A
CONDITION OF OBTAINING A LICENSE, A PEER-TO-PEER CAR SHARING PROGRAM
SHALL BE REQUIRED TO SUBMIT TO THE DEPARTMENT OF STATE PROOF OF A GROUP
POLICY ISSUED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-SEV-
EN OF THE INSURANCE LAW.
A. 7422--B 6
§ 902. REQUIREMENTS FOR DOING BUSINESS. 1. NO SHARED VEHICLE SHALL BE
CLASSIFIED AS A COMMERCIAL VEHICLE, FOR-HIRE VEHICLE, PERMISSIVE USE
VEHICLE, TAXI-CAB, RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED
THIRTY-SEVEN-A OF THE VEHICLE AND TRAFFIC LAW, LIVERY OR TRANSPORTATION
NETWORK COMPANY VEHICLE SOLELY BECAUSE THE SHARED VEHICLE OWNER ALLOWS
SUCH VEHICLE TO BE USED FOR PEER-TO-PEER CAR SHARING, OR AS SUCH FOR THE
DURATION OF THE CAR SHARING PERIOD, PROVIDED THAT: (A) THE PEER-TO-PEER
CAR SHARING IS COMPLIANT WITH A PEER-TO-PEER CAR SHARING PROGRAM AS
PROVIDED IN THIS ARTICLE; (B) IF THE CAR SHARING PROGRAM DOES NOT
PROHIBIT SHARED VEHICLE DRIVERS FROM USING SHARED VEHICLES FOR COMMER-
CIAL USES, THE INSURANCE MAINTAINED BY THE CAR SHARING PROGRAM DOES NOT
EXCLUDE COVERAGE FOR SUCH COMMERCIAL USES; AND (C) THE CAR SHARING
PROGRAM DOES NOT KNOWINGLY PLACE THE SHARED VEHICLE INTO USE AS A
COMMERCIAL VEHICLE OR AS A VEHICLE FOR HIRE BY A SHARED VEHICLE DRIVER
WHILE ENGAGED IN PEER-TO-PEER CAR SHARING, UNLESS THE SHARED VEHICLE
DRIVER OR OWNER, AS APPLICABLE, IS IN COMPLIANCE WITH OTHER LAWS APPLIED
TO THE COMMERCIAL USE OR TO USE AS A VEHICLE FOR-HIRE.
2. A PEER-TO-PEER CAR SHARING PROGRAM, DURING EACH PEER-TO-PEER CAR
SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE OF,
SHALL MAINTAIN INSURANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE
AS FOLLOWS:
(A) PROVIDE INSURANCE COVERAGE THAT SATISFIES THE FINANCIAL RESPONSI-
BILITY REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
TWENTY OF THE INSURANCE LAW, ARTICLE FIFTY-ONE OF THE INSURANCE LAW AND
SUCH OTHER REQUIREMENTS, RULES OR REGULATIONS THAT MAY APPLY FOR THE
PURPOSES OF SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH
RESPECT TO THE USE OR OPERATION OF A MOTOR VEHICLE;
(B) MAINTAIN ADDITIONAL INSURANCE AGAINST LOSS FROM THE LIABILITY
IMPOSED BY LAW FOR DAMAGES DURING THE CAR SHARING PERIOD, INCLUDING
DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR
DEATH OF ANY PERSON AND INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT
OF THE OWNERSHIP, MAINTENANCE, USE OR OPERATION OF A SPECIFIC PERSONAL
VEHICLE OR VEHICLES WITHIN THE STATE, OR ELSEWHERE IN THE UNITED STATES
OR CANADA, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH
RESPECT TO EACH SUCH OCCURRENCE, OF AT LEAST ONE MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ANY
PERSON, AND INJURY TO OR DESTRUCTION OF PROPERTY; AND
(C) PROVIDE COVERAGE IN ACCORDANCE WITH SUBSECTION (F) OF SECTION
THREE THOUSAND FOUR HUNDRED TWENTY OF THE INSURANCE LAW, PROVIDING
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST INSURANCE FOR BODILY INJU-
RY, SUBJECT TO A LIMIT PER OCCURRENCE IN THE AMOUNT OF ONE MILLION TWO
HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH OF ANY
PERSON.
(D) THE INSURANCE REQUIRED UNDER THIS SUBDIVISION NEED NOT BE COTERMI-
NOUS WITH THE REGISTRATION PERIOD OF THE SHARED VEHICLE INSURED.
(E) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
A. 7422--B 7
3. THE INSURANCE REQUIREMENTS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION MAY BE SATISFIED BY INSURANCE PROVIDED THROUGH A GROUP POLICY
MAINTAINED BY THE SHARED VEHICLE PROGRAM ON THE SHARED VEHICLE, SHARED
VEHICLE OWNER, AND SHARED VEHICLE DRIVER PURSUANT TO THIS ARTICLE.
4. A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
CAR SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
OF:
(A) PROVIDE SHARED VEHICLE OWNERS WITH PROOF OF INSURANCE COVERAGE
SATISFYING SUBDIVISION TWO OF THIS SECTION AND SUCH SHARED VEHICLE OWNER
OR SHARED VEHICLE DRIVER SHALL CARRY SUCH PROOF OF COVERAGE WITH HIM OR
HER AT ALL TIMES DURING HIS OR HER OPERATION OF A SHARED VEHICLE DURING
A PEER-TO-PEER CAR SHARING PERIOD. SUCH PROOF OF COVERAGE SHALL BE IN
SUCH FORM AS THE COMMISSIONER OF MOTOR VEHICLES SHALL PRESCRIBE, WHICH
MAY BE IN THE FORM OF AN INSURANCE IDENTIFICATION CARD AS DEFINED IN
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. ANY INSUR-
ANCE IDENTIFICATION CARD ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE SHALL BE IN ADDITION TO THE INSURANCE IDENTIFICATION CARD REQUIRED
PURSUANT TO ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, AND NOTHING
CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF
ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW. WHENEVER THE PRODUCTION OF
AN INSURANCE IDENTIFICATION CARD IS REQUIRED BY LAW, A SHARED VEHICLE
OWNER OR SHARED VEHICLE DRIVER SHALL: (I) PRODUCE THE INSURANCE IDEN-
TIFICATION CARD PURSUANT TO ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW;
AND (II) IF SUCH SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER WAS OPER-
ATING SUCH VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD, SUCH SHARED
VEHICLE OWNER OR SHARED VEHICLE DRIVER SHALL ALSO PRODUCE THE INSURANCE
IDENTIFICATION CARD REQUIRED PURSUANT TO THIS ARTICLE. A SHARED VEHICLE
OWNER OR SHARED VEHICLE DRIVER WHO, WHILE OPERATING A SHARED VEHICLE
DURING A PEER-TO-PEER CAR SHARING PERIOD, HAS IN EFFECT THE INSURANCE
REQUIRED PURSUANT TO THIS ARTICLE, SHALL NOT BE DEEMED TO BE IN
VIOLATION OF INSURANCE REQUIREMENTS UNDER ARTICLE SIX OF THE VEHICLE AND
TRAFFIC LAW DURING SUCH TIME AS HE OR SHE WAS OPERATING SUCH VEHICLE
DURING SUCH PERIOD.
(B) PROVIDE THE FOLLOWING FOR EACH SHARED VEHICLE DRIVER, FOR EACH
PEER-TO-PEER CAR SHARING PERIOD:
(I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN OF
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER
DOCUMENTATION, WHETHER PRINTED OR ELECTRONIC, WHICH THE SHARED VEHICLE
DRIVER SHALL CARRY AND HAVE AVAILABLE IN THE VEHICLE AT ALL TIMES DURING
THE PEER-TO-PEER CAR SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
SECURITY INSURANCE REFERRED TO IN SUBDIVISION TWO OF THIS SECTION IS IN
FULL FORCE AND EFFECT; AND
(II) A TOLL-FREE NUMBER, OR OTHER SUCH FORM OF COMMUNICATION BY WHICH
A LAW ENFORCEMENT POLICE OFFICER, REPRESENTATIVE OF THE DEPARTMENT OF
MOTOR VEHICLES, OR OTHER OFFICER OF THIS STATE OR ANY POLITICAL SUBDIVI-
SION THEREOF MAY CONFIRM THAT THE INSURANCE PROVIDED FOR IN SUBDIVISION
TWO OF THIS SECTION IS IN FULL FORCE AND EFFECT.
(C) COLLECT, MAINTAIN, AND MAKE AVAILABLE TO THE SHARED VEHICLE OWNER,
THE SHARED VEHICLE OWNER'S PRIMARY MOTOR VEHICLE LIABILITY INSURER IN
CONNECTION WITH A CLAIMED LOSS, THE SHARED VEHICLE DRIVER'S PRIMARY
MOTOR VEHICLE LIABILITY INSURER IN CONNECTION WITH A CLAIMED LOSS, ANY
EXCESS OR UMBRELLA INSURERS IN CONNECTION WITH A CLAIMED LOSS, THIRD
PARTIES DIRECTLY INVOLVED IN MOTOR VEHICLE INCIDENTS WITH A SHARED VEHI-
CLE IN CONNECTION WITH A CLAIMED LOSS, AND ANY GOVERNMENT AGENCY AS
REQUIRED BY LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST, OR AS REASONABLY
A. 7422--B 8
PRACTICABLE THEREAFTER THE FOLLOWING INFORMATION PERTAINING TO INCIDENTS
WHICH OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
(I) AVAILABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
SHARED VEHICLE INVOLVED, AND TO THE EXTENT AVAILABLE, VERIFIABLE ELEC-
TRONIC RECORDS OF THE TIME, INITIAL AND FINAL LOCATIONS OF THE VEHICLE,
AND, TO THE EXTENT MILEAGE IS COLLECTED, MILES DRIVEN;
(II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
INSURER, ALL INFORMATION RELEVANT TO THE CLAIM, TO THE EXTENT SUCH
INFORMATION IS AVAILABLE, INCLUDING BUT NOT LIMITED TO, PAYMENTS BY THE
PROGRAM CONCERNING ACCIDENTS, DAMAGES AND INJURIES; AND
(III) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
(D) ENSURE THAT THE SHARED VEHICLE OWNER AND SHARED VEHICLE DRIVER ARE
GIVEN REASONABLE NOTICE PRIOR TO THE FIRST USE OR OPERATION OF A SHARED
VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT THAT:
(I) DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
COVERAGE AFFORDED UNDER ITS POLICY, PROVIDED THE SHARED VEHICLE OWNER'S
INSURER NOTIFIED ITS INSURED THAT IT SHALL HAVE NO DUTY TO INDEMNIFY OR
DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR ANY LOSS THAT OCCURS
DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
(II) ANY INSURANCE OR PHYSICAL DAMAGE PROTECTION OFFERED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION OR SUBSECTION (E) OF
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-SEVEN OF THE INSURANCE LAW,
SHALL NOT BE VALID OR COLLECTIBLE FOR DAMAGES OR LOSSES THAT OCCUR
OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD.
(E) ENSURE THAT THE SHARED VEHICLE OWNER ACKNOWLEDGES UPON OR BEFORE
ENROLLMENT IN A PEER-TO-PEER CAR SHARING PROGRAM, AND IS NOTIFIED IN
PLAIN CONSPICUOUS LANGUAGE BEFORE EACH CAR SHARING PERIOD, THAT STATE
LAW MAY IMPOSE LIABILITY FOR INJURIES TO PERSON OR PROPERTY RESULTING
FROM THE NEGLIGENCE IN THE USE OR OPERATION OF THE SHARED VEHICLE BY
SHARED VEHICLE DRIVERS FOR JUDGMENTS EXCEEDING THE COVERAGE LIMITS OF
INSURANCE IN EFFECT DURING THE CAR SHARING PERIOD. THE SUBSEQUENT NOTICE
REQUIRED UNDER THIS SUBSECTION MAY BE PROVIDED ELECTRONICALLY, INCLUDING
BY ELECTRONIC MAIL AND HYPERLINK TO A WEBSITE EXPLAINING INSURANCE
COVERAGES AND VICARIOUS LIABILITY OR OTHER SUBSTANTIALLY SIMILAR MEANS
OF NOTICE.
5. AT THE TIME A VEHICLE IS ENROLLED IN THE PEER-TO-PEER CAR SHARING
PROGRAM, THE PEER-TO-PEER CAR SHARING PLATFORM SHALL FILE WITH THE
COMMISSIONER OF MOTOR VEHICLES, IN SUCH FORM AND MANNER AS SUCH COMMIS-
SIONER MAY REQUIRE, A STATEMENT IDENTIFYING THE SHARED VEHICLE AND PROOF
OF A GROUP POLICY APPLICABLE TO SUCH SHARED VEHICLE PURSUANT TO SECTION
THREE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW. THE COMMISSIONER
OF MOTOR VEHICLES SHALL IDENTIFY THE VEHICLE AS ENROLLED IN THE PEER-TO-
PEER CAR SHARING PROGRAM AND PROVIDE PROOF OF A GROUP POLICY APPLICABLE
TO SUCH SHARED VEHICLE PURSUANT TO THE INSURANCE LAW IN SUCH VEHICLE OR
REGISTRATION RECORD IN A MANNER ACCESSIBLE TO THE PUBLIC. FAILURE OF A
PEER-TO-PEER CAR SHARING PLATFORM TO COMPLY WITH THE PROVISIONS OF THIS
A. 7422--B 9
ARTICLE MAY RESULT IN PENALTIES WHICH MAY INCLUDE SUSPENSION OR REVOCA-
TION OF LICENSE AS PROVIDED BY LAW.
6. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, A
GROUP POLICY MAINTAINED BY A PROGRAM SHALL BE PLACED WITH AN INSURER
AUTHORIZED TO WRITE INSURANCE IN THIS STATE.
(B) IF A PROGRAM IS UNABLE TO PURCHASE A GROUP POLICY BECAUSE SUCH
INSURANCE IS UNAVAILABLE FROM AUTHORIZED INSURERS, THE PROGRAM MAY
ACQUIRE SUCH GROUP INSURANCE WITH AN EXCESS LINE BROKER PURSUANT TO
SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW;
(C) THE OBLIGATION TO DETERMINE WHETHER THE INSURANCE REQUIRED BY THIS
SECTION IS UNAVAILABLE FROM INSURERS AUTHORIZED TO WRITE INSURANCE IN
THIS STATE SHALL BE MADE PRIOR TO THE INITIAL PLACEMENT AND AT EACH
RENEWAL OF A POLICY.
(D) COMPLIANCE WITH THE EXCESS AND SURPLUS LINE STATUTES AND REGU-
LATIONS OF THIS STATE SHALL BE PERFORMED WITH RESPECT TO THE GROUP AS A
WHOLE AND NOT WITH RESPECT TO INDIVIDUAL GROUP MEMBERS.
7. A PEER-TO-PEER CAR SHARING PROGRAM SHALL, UPON ENTERING INTO A
PEER-TO-PEER CAR SHARING AGREEMENT WITH A SHARED VEHICLE OWNER AND PRIOR
TO THE SHARED VEHICLE OWNER MAKING A SHARED VEHICLE AVAILABLE FOR SHAR-
ING IN THE PROGRAM, PROVIDE NOTICE IN PLAIN CONSPICUOUS LANGUAGE TO THE
SHARED VEHICLE OWNER THAT HE OR SHE MAY NEED ADDITIONAL INSURANCE COVER-
AGE INCLUDING MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN
PARAGRAPH NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED
THIRTEEN OF THE INSURANCE LAW IF THE SHARED VEHICLE IS SUBJECT TO A
LEASE OR LOAN. A PROGRAM SHALL ALSO POST THIS NOTICE ON ITS WEBSITE IN A
PROMINENT PLACE AND PROVIDE CONTACT INFORMATION FOR THE DEPARTMENT OF
FINANCIAL SERVICES.
§ 903. PROGRAM LIABILITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR VEHI-
CLE LIABILITY INSURANCE, IN THE EVENT OF A LOSS OR INJURY THAT SHALL
OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE PEER-TO-PEER CAR
SHARING PROGRAM INSURERS PROVIDING COVERAGES UNDER SECTION NINE HUNDRED
TWO OF THIS ARTICLE SHALL PROVIDE FINANCIAL RESPONSIBILITY FOR ANY BODI-
LY INJURY, DEATH, OR DAMAGE TO PROPERTY IN AMOUNTS NOT TO EXCEED THOSE
STATED IN THE PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT AND NOT LESS
THAN THOSE AMOUNTS REQUIRED IN SECTION NINE HUNDRED TWO OF THIS ARTICLE,
AND THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN SUCH LIABILITY
IRRESPECTIVE OF A LAPSE IN THE GROUP POLICY OR ANY OTHER INSURANCE POLI-
CY OR FINANCIAL SECURITY MAINTAINED BY THE PROGRAM.
2. THE INSURER OR INSURERS PROVIDING GROUP LIABILITY INSURANCE TO THE
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO SECTION NINE HUNDRED TWO OF
THIS ARTICLE SHALL BE PRIMARY DURING EACH CAR SHARING PERIOD. PROVIDED
HOWEVER, WHERE: (A) A GOOD FAITH DISPUTE EXISTS REGARDING WHO WAS IN
CONTROL OF THE VEHICLE WHEN THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM
OR WHETHER THE LOSS OCCURRED OUTSIDE OF THE CAR SHARING PERIOD; AND (B)
THE PEER-TO-PEER CAR SHARING PROGRAM DOES NOT HAVE AVAILABLE, DID NOT
RETAIN, OR IS OTHERWISE UNABLE TO PROVIDE INFORMATION DEMONSTRATING WHO
WAS IN CONTROL AT THE TIME OF THE LOSS OR WHETHER THE LOSS OCCURRED
OUTSIDE OF THE CAR SHARING PERIOD, THE SHARED VEHICLE OWNER'S PRIVATE
MOTOR VEHICLE INSURER SHALL INDEMNIFY INSURER OR INSURERS PROVIDING
GROUP LIABILITY, TO THE EXTENT OF ITS OBLIGATION UNDER THE APPLICABLE
INSURANCE POLICY, IF IT IS DETERMINED THAT THE LOSS OCCURRED OUTSIDE OF
THE PEER-TO-PEER CAR SHARING PERIOD. THE PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOTIFY THE REGISTERED OWNER'S INSURER OF ANY SUCH DISPUTE
WITHIN FIFTEEN DAYS OF BECOMING AWARE THAT SUCH A DISPUTE EXISTS.
A. 7422--B 10
3. IN THE EVENT THAT THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE INSURER IS NAMED AS A DEFENDANT IN A
CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
PEER-TO-PEER CAR SHARING PERIOD, OR OTHERWISE UNDER THE DIRECT AND IMME-
DIATE CONTROL OF A PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER
CAR SHARING PROGRAM SHALL HAVE THE DUTY TO DEFEND AND INDEMNIFY THE
SHARED VEHICLE OWNER AND THE SHARED VEHICLE OWNER'S INSURER SUBJECT TO
THE PROVISIONS OF THIS SECTION, SECTION NINE HUNDRED TWO OF THIS ARTICLE
AND SECTION THREE THOUSAND FOUR HUNDRED AND FIFTY-SEVEN OF THE INSURANCE
LAW.
4. A MOTOR VEHICLE LIABILITY INSURER WHO DEFENDS OR INDEMNIFIES A
CLAIM AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF ITS
POLICY SHALL HAVE THE RIGHT TO SEEK CONTRIBUTION AGAINST THE PEER-TO-
PEER CAR SHARING PROGRAM'S INSURER, IF THE CLAIM IS MADE AGAINST THE
SHARED VEHICLE OWNER, THE SHARED VEHICLE DRIVER OR AUTHORIZED OPERATOR
FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD.
5. A PEER-TO-PEER CAR SHARING PROGRAM MAY CONTRACTUALLY ASSUME THE
RISK OF LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING THE TIME
THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
ER OR PEER-TO-PEER CAR SHARING PROGRAM, AND THAT SUCH ASSUMPTION OF
RISK:
(A) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE;
(B) THAT THE TERMS OF SUCH CONTRACTUAL ASSUMPTION MAY PROVIDE THAT THE
PROGRAM ASSUMES THE RISK OF PHYSICAL DAMAGE LOSS TO THE VEHICLE IN
EXCESS OF A SUM CERTAIN; AND
(C) IF THE TERMS OF SUCH CONTRACTUAL ASSUMPTION INCLUDE A SEPARATELY
ITEMIZED FEE CHARGED TO THE SHARED VEHICLE DRIVER SOLELY FOR THE
CONTRACTUAL ASSUMPTION OF THE RISK OF LOSS DUE TO PHYSICAL DAMAGE, THEN
IT SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN THIS ARTICLE.
6. TO THE EXTENT NOT OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, IN
A CLAIMS COVERAGE INVESTIGATION, A PEER-TO-PEER CAR SHARING PROGRAM
SHALL COOPERATE TO FACILITATE THE EXCHANGE OF RELEVANT INFORMATION WITH
DIRECTLY INVOLVED PARTIES AND ANY INSURER OF A SHARED VEHICLE OWNER'S OR
SHARED VEHICLE DRIVER'S PARTICIPATION IN A PEER-TO-PEER CAR SHARING
PROGRAM.
7. IN ADDITION TO OTHER REMEDIES AVAILABLE AT LAW, THE ATTORNEY GENER-
AL SHALL HAVE AUTHORITY TO ENFORCE THIS ARTICLE AS AUTHORIZED BY LAW,
INCLUDING INJUNCTIVE AND OTHER LEGAL AND EQUITABLE RELIEF FOR NON-COM-
PLIANCE BY A CAR SHARING PROGRAM OR ANY OTHER PARTY THROUGH CIVIL
PROCEEDINGS.
8. ANY PROVISION IN A PEER-TO-PEER CAR SHARING AGREEMENT DESIGNATED BY
THE COURTS OF ANOTHER JURISDICTION AS THE EXCLUSIVE FORUM FOR RESOLVING
DISPUTES SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY WITH RESPECT TO
THE USE OF A PEER-TO-PEER CAR SHARING PLATFORM OR SHARED VEHICLE IN THIS
STATE.
9. A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED TO HAVE RECEIVED
NOTICE OF INJURIES TO PERSONS OR PROPERTY COVERED UNDER THE INSURANCE
AND FINANCIAL SECURITY REQUIREMENTS OF THIS ARTICLE AT THE EARLIER OF
NOTICE RECEIVED BY THE PEER-TO-PEER CAR SHARING PROGRAM OR NOTICE
RECEIVED BY THE SHARED VEHICLE OWNER. A SHARED VEHICLE OWNER SHALL IMME-
DIATELY GIVE ACTUAL NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND
ITS INSURERS, INCLUDING NOTICE IN THE FORM AND MANNER AS REQUIRED IN THE
PEER-TO-PEER CAR SHARING AGREEMENT, OF ANY LOSSES POTENTIALLY COVERED BY
INSURANCE MAINTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM.
10. FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
A. 7422--B 11
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
§ 904. LIEN IMPLICATIONS; NOTIFICATION. WHEN A VEHICLE OWNER FIRST
REGISTERS AS A SHARED VEHICLE OWNER ON A PEER-TO-PEER CAR SHARING
PROGRAM AND PRIOR TO SUCH TIME AS WHEN THE SHARED VEHICLE OWNER MAKES A
SHARED VEHICLE AVAILABLE FOR PEER-TO-PEER CAR SHARING ON THE PEER-TO-
PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL
NOTIFY IN PLAIN CONSPICUOUS LANGUAGE THE SHARED VEHICLE OWNER THAT, IF
THE SHARED VEHICLE SHALL HAVE A LIEN AGAINST IT, THE USE OF THE SHARED
VEHICLE THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, INCLUDING USE WITH-
OUT PHYSICAL DAMAGE COVERAGE, MAY VIOLATE THE TERMS OF THE CONTRACT WITH
THE LIENHOLDER.
§ 905. INSURABLE INTEREST. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE AN
INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
ING PERIOD.
2. NOTHING IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT TO
ENSURE FINANCIAL SECURITY PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO
OF SECTION NINE HUNDRED TWO OF THIS ARTICLE.
§ 906. DISCLOSURES. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
MADE IN THE STATE SHALL DISCLOSE TO THE SHARED VEHICLE OWNER AND THE
SHARED VEHICLE DRIVER:
1. THE DAILY RATE, FEES, AND, IF APPLICABLE, ANY INSURANCE OR
PROTECTION PACKAGE COSTS THAT SHALL BE CHARGED TO THE SHARED VEHICLE
OWNER OR THE SHARED VEHICLE DRIVER; AND
2. AN EMERGENCY TELEPHONE NUMBER TO CONTACT PERSONNEL CAPABLE OF
FIELDING ROADSIDE ASSISTANCE AND OTHER CUSTOMER SERVICE INQUIRIES.
§ 907. DRIVER'S LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL OPERATE THE
SHARED VEHICLE FURNISHES PROOF, BY ELECTRONIC MEANS OR OTHERWISE, OF:
(A) A VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIVER TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
(B) A VALID DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF THE
DRIVER'S RESIDENCE WHICH AUTHORIZES THE DRIVER IN SUCH STATE OR COUNTRY
TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE AND IS THE AGE
REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS OF VEHICLE; OR
(C) BEING OTHERWISE SPECIFICALLY AUTHORIZED BY A VALID LICENSE TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
(A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
(B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE OF THE SHARED
VEHICLE DRIVER AND EACH OTHER PERSON, IF ANY, WHO SHALL OPERATE THE
SHARED VEHICLE; AND
(C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S LICENSE FOR EACH
SUCH VEHICLE OPERATOR.
§ 908. RESPONSIBILITY FOR EQUIPMENT. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR ANY EQUIPMENT, SUCH AS A
GLOBAL POSITIONING SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT WHICH IS
A. 7422--B 12
PUT IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER CAR
SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE
SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
THE PEER-TO-PEER CAR SHARING PERIOD NOT CAUSED BY SUCH SHARED VEHICLE
OWNER. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE THE RIGHT TO SEEK
INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR DAMAGE TO SUCH
EQUIPMENT THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
§ 909. SAFETY RECALLS. 1. AT THE TIME WHEN A SHARED VEHICLE OWNER
REGISTERS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM, AND
PRIOR TO THE TIME WHEN THE SHARED VEHICLE OWNER MAKES A SHARED VEHICLE
AVAILABLE FOR CAR SHARING ON THE PEER-TO-PEER CAR SHARING PROGRAM, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL:
(A) VERIFY THAT THE SHARED VEHICLE IS NOT SUBJECT TO ANY OPEN SAFETY
RECALLS APPEARING ON THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
RECALL DATABASE CREATED UNDER 49 C.F.R. 573.15 FOR WHICH THE RECALL
REPAIR HAS NOT BEEN MADE; AND
(B) NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
VISION TWO OF THIS SECTION.
2. (A) IF THE SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY
RECALL ON A SHARED VEHICLE, BEFORE IT IS ENROLLED IN A PEER-TO-PEER CAR
SHARING PROGRAM SUCH SHARED VEHICLE OWNER SHALL NOT MAKE SUCH VEHICLE
AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM
UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(B) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A PEER-TO-
PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER SHALL REMOVE THE
SHARED VEHICLE FROM SUCH PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS
PRACTICABLE, AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER RECEIPT
OF SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL THE
NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
(C) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF A
SHARED VEHICLE DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-
TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
BLE, AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF SUCH
NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
VEHICLE CAN BE REMOVED FROM THE PEER-TO-PEER CAR SHARING PROGRAM UNTIL
THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(D) A SHARED VEHICLE OWNER SHALL NOT ENROLL A VEHICLE IN A PEER-TO-
PEER CAR SHARING PROGRAM UNLESS SUCH VEHICLE HAS BEEN ISSUED A VALID
SAFETY INSPECTION IN COMPLIANCE WITH ARTICLE FIVE OF THE VEHICLE AND
TRAFFIC LAW. A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT PERMIT A VEHI-
CLE TO BE SHARED UNLESS THE SHARED VEHICLE OWNER HAS FURNISHED PROOF TO
THE PROGRAM OF SUCH SAFETY INSPECTION IN COMPLIANCE WITH ARTICLE FIVE OF
THE VEHICLE AND TRAFFIC LAW.
§ 910. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAWFUL
FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED IN
THE BUSINESS OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A SHARED
VEHICLE AVAILABLE TO ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER SOLELY
ON THE BASIS OF AGE, PROVIDED THAT INSURANCE COVERAGE FOR PERSONS OF
SUCH AGE IS AVAILABLE. ANY ACTUAL COST FOR INSURANCE RELATED TO THE AGE
OF THE SHARED DRIVER MAY BE PASSED ON TO SUCH PERSON.
2. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS.
§ 911. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP PROHIBIT-
ED. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCI-
A. 7422--B 13
ATION OR CORPORATION ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING
TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON SOLELY ON THE
REQUIREMENT OF OWNERSHIP OF A CREDIT CARD.
2. FOR THE PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL MEAN ANY
CREDIT CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD OR
DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
EOF, AND MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE, LOAN, OR
CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
§ 912. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED. 1. NO
PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED IN THE
BUSINESS OF PEER-TO-PEER CAR SHARING SHALL REFUSE TO MAKE A SHARED VEHI-
CLE AVAILABLE TO ANY PERSON OTHERWISE QUALIFIED BECAUSE OF RACE, COLOR,
ETHNIC ORIGIN, RELIGION, DISABILITY, OR SEX.
2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED
IN PEER-TO-PEER CAR SHARING FOUND BY A COURT OF COMPETENT JURISDICTION
TO HAVE VIOLATED A PROVISION OF THIS SECTION SHALL BE SUBJECT TO A
PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE HUNDRED
DOLLARS FOR EACH VIOLATION.
3. (A) IF A PEER-TO-PEER CAR SHARING PROGRAM SHALL ENGAGE IN A
PERSISTENT OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES
AGAINST ANY INDIVIDUAL BASED ON SUCH INDIVIDUAL'S RACE, COLOR, ETHNIC
ORIGIN, RELIGION, DISABILITY, OR SEX OR MEMBERSHIP IN AN OTHERWISE
PROTECTED CLASS PURSUANT TO FEDERAL LAW, THE ATTORNEY GENERAL MAY APPLY,
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT
OF THE STATE OF NEW YORK, ON FIVE-DAY'S NOTICE, FOR AN ORDER ENJOINING
THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECTING RESTITUTION AND
DAMAGES. IN ANY SUCH PROCEEDING, THE ATTORNEY GENERAL MAY SEEK A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER VIOLATION AND MAY
RECOVER COSTS PURSUANT TO PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
(B) THE TERM "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
(C) THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT BUSINESS ACTIVITY OR CONDUCT
WHICH SHALL AFFECT MORE THAN ONE PERSON.
(D) THE TERM "BUSINESS ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
ING PROGRAM.
(E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING UNDER THIS
SECTION, SUCH AUTHORIZATION SHALL NOT TERMINATE DUE TO SUCH ACTION OR
PROCEEDING BEING BROUGHT.
§ 913. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I) A PEER-
TO-PEER CAR SHARING PROGRAM SHALL NOT CHARGE A SEPARATELY ITEMIZED FEE
SOLELY FOR OPTIONAL VEHICLE PROTECTION, EXCEPT AS FOLLOWS:
(A) THE FEE CHARGED BY A PEER-TO-PEER CAR SHARING PROGRAM SHALL REPRE-
SENT THE PROGRAM'S GOOD-FAITH ESTIMATE OF A DAILY CHARGE, AS CALCULATED
BY THE PROGRAM, TO RECOVER THE ACTUAL, TOTAL ANNUAL EXPENSES, INCURRED
BY THE PROGRAM, TOGETHER WITH A COMMERCIALLY REASONABLE ALLOWANCE FOR
THE CONTRACTUAL RISKS ASSUMED BY THE PROGRAM, FOR THE PROGRAM'S AGREE-
MENT NOT TO HOLD SHARED VEHICLE DRIVERS WHO PURCHASE SUCH OPTIONAL VEHI-
A. 7422--B 14
CLE PROTECTION RESPONSIBLE FOR ALL OR PART OF ANY DAMAGE OR LOSS TO THE
SHARED VEHICLE;
(B) IF THE TOTAL AMOUNT OF OPTIONAL VEHICLE PROTECTION FEES COLLECTED
BY A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS SECTION IN ANY CALENDAR
YEAR EXCEEDS THE PROGRAM'S ACTUAL COSTS, THE PROGRAM SHALL:
(1) RETAIN THE EXCESS AMOUNT; AND
(2) ADJUST THE ESTIMATED, AVERAGE PER DAY OPTIONAL VEHICLE PROTECTION
FEE FOR THE FOLLOWING CALENDAR YEAR BY A CORRESPONDING AMOUNT.
(II) NOTHING IN THIS SECTION SHALL PREVENT A PEER-TO-PEER CAR SHARING
PROGRAM FROM MAKING ADJUSTMENT TO THE OPTIONAL VEHICLE PROTECTION FEE
DURING THE CALENDAR YEAR.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
PROTECTION UNLESS THE SHARED VEHICLE DRIVER AGREES TO THE PURCHASE OF
SUCH PROTECTION IN WRITING AT OR PRIOR TO THE TIME THE PEER-TO-PEER CAR
SHARING AGREEMENT IS EXECUTED.
(C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
PROTECTION EXCEPT FOR ONE OR MORE OF THE FOLLOWING REASONS:
(I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
(II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S OPERATION OF THE
VEHICLE WHILE INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS;
(III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-
PEER CAR SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE
INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
(IV) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE VEHICLE WHILE
ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
(V) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE TO
CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING, WHILE
ENGAGED IN A SPEED CONTEST, OPERATING OFF-ROAD, OR FOR DRIVER'S TRAIN-
ING;
(VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED
VEHICLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-
IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT OR
PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND
RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE
NORMAL COURSE OF EMPLOYMENT;
(VII) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN THAT USE IS NOT SPECIF-
ICALLY AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
(VIII) THE SHARED VEHICLE DRIVER OR HIS OR HER CHILD OVER THE AGE OF
EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER HAVE
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
(D) A SHARED DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION AT NO CHARGE
WITHIN TWENTY-FOUR HOURS OF PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS
ENTERED INTO A PEER-TO-PEER CAR SHARING AGREEMENT WITH A TERM OF TWO OR
MORE DAYS; (II) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER
TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; AND (III)
SIGNS A CANCELLATION FORM PROVIDED BY THE PEER-TO-PEER CAR SHARING
PROGRAM.
(E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY PROSPECTIVELY
TERMINATE OPTIONAL VEHICLE PROTECTION AT ANY TIME, PROVIDED THE CUSTOM-
ER: (I) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER WITH
A. 7422--B 15
THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; (II) VOIDS THE OPTIONAL
VEHICLE PROTECTION IN WRITING; AND (III) PAYS THE OPTIONAL VEHICLE
PROTECTION CHARGE FOR ANY FULL OR PARTIAL DAY OR PORTION OF A DAY DURING
WHICH THE OPTIONAL VEHICLE PROTECTION WAS IN EFFECT.
2. SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT OF
THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
CLE DRIVER LIABLE FOR ACTUAL DAMAGE TO, OR LOSS OF, A SHARED VEHICLE,
PROVIDED THAT:
(A) ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL INSPECTION
AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
(B) ANY CHARGE FOR REPAIR OF SUCH DAMAGE SHALL BE LIMITED TO ACTUAL
AND REASONABLE COSTS AND SHALL BE ASSESSED AND BILLED SEPARATELY AND
APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
CONSPICUOUSLY, IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE ADVERTISED
COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
TO THE SHARED VEHICLE DRIVER, THAT THE PURCHASE OF SUCH PROTECTION IS
OPTIONAL, AND THAT PROSPECTIVE SHARED VEHICLE DRIVERS SHOULD EXAMINE
THEIR CREDIT CARD PROTECTIONS AND AUTOMOBILE INSURANCE POLICIES FOR
COVERAGE.
(B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
BY THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
FONT.
(C) WHEN THE WEBSITE OF A PEER-TO-PEER CAR SHARING PROGRAM OR THE
VIDEO PRESENTATION OF A TELEVISION OR INTERNET ADVERTISEMENT BY SUCH
PEER-TO-PEER CAR SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT OF THE
COST OF A SHARED VEHICLE, THE DEPICTION OF SUCH COST OF THE OPTIONAL
VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
(D) WHEN A RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION OF A TELE-
VISION ADVERTISEMENT CONTAINS THE STATEMENT OF THE COST OF A SHARED
VEHICLE, THE ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY BE ACCOMPA-
NIED BY AN ORAL STATEMENT OF THE COST OF THE OPTIONAL VEHICLE PROTECTION
IF OFFERED AS A SEPARATELY ITEMIZED PRODUCT.
(E) WHEN A TELEPHONE, INTERNET OR OTHER INQUIRY FOR THE COST OF A
SHARED VEHICLE IS MADE TO A PEER-TO-PEER CAR SHARING PROGRAM WHICH
INVOLVES AN INTERACTION WITH A REPRESENTATIVE OF A PEER-TO-PEER CAR
SHARING PROGRAM, THE REPRESENTATIVE OF SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL, IN RESPONSE TO THE INQUIRY, ADVISE THAT ADDITIONAL
OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL PROVIDE
THE COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
OF SUCH PROTECTION IS OPTIONAL AND THAT THE SHARED VEHICLE DRIVER'S
PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
(F) ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON THE
FOLLOWING INFORMATION ON ITS WEBSITE:
"NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS
AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR
SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): THIS CONTRACT
OFFERS, FOR AN ADDITIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSI-
BILITY FOR DAMAGE OR LOSS TO THE SHARED VEHICLE. OVP IS ALSO COMMONLY
REFERRED TO AS A "COLLISION DAMAGE WAIVER". THE PURCHASE OF OVP IS
A. 7422--B 16
OPTIONAL AND MAY BE DECLINED. BEFORE DECIDING WHETHER TO PURCHASE OVP,
YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE
INSURANCE MAINTAINED BY YOURSELF OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS
YOU ANY COVERAGE FOR DAMAGE TO THE SHARED VEHICLE, AND THE AMOUNT OF
DEDUCTIBLE UNDER ANY SUCH COVERAGE. OVP - WHEN VOID: OVP IS VOID AND
SHALL NOT APPLY TO THE FOLLOWING SITUATIONS:
1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE SHARED VEHICLE
DRIVER'S INTENTIONAL ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED OR UNLAW-
FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
2. THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION
SUPPLIED BY THE SHARED VEHICLE DRIVER;
3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
(A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
INFRACTION;
(B) TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING,
WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S
TRAINING;
(C) BY A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
SHARED VEHICLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR
PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT
OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND
RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE
NORMAL COURSE OF EMPLOYMENT;
(D) OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN NOT SPECIFICALLY
AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
(E) WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER CHILD OVER THE AGE
OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED VEHICLE DRIVER
FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
SET FORTH IN LAW. OVP - DAMAGE REPORTING REQUIREMENTS: IF THE SHARED
VEHICLE SUSTAINS DAMAGE OR LOSS, THE SHARED VEHICLE DRIVER IS REQUIRED
TO COMPLETE AND RETURN AN INCIDENT REPORT NOTICE TO THE PEER-TO-PEER CAR
SHARING PROGRAM. OVP - RIGHT TO INSPECT VEHICLE DAMAGES: THE SHARED
VEHICLE DRIVER AND HIS OR HER INSURER HAVE THE RIGHT TO REQUEST AN
INSPECTION OF THE SHARED VEHICLE DAMAGES WITHIN SEVENTY-TWO HOURS OF THE
RETURN OF THE VEHICLE. FAILURE OF THE SHARED VEHICLE DRIVER OR HIS OR
HER INSURER TO REQUEST SUCH INSPECTION WITHIN SEVENTY-TWO HOURS OF
RETURN SHALL BE DEEMED A WAIVER OF SUCH PERSON OR ENTITY'S RIGHT TO
INSPECT THE DAMAGED VEHICLE. THEFT OF THE SHARED VEHICLE: IF THE SHARED
VEHICLE IS STOLEN DURING THE TERM OF A PEER-TO-PEER CAR SHARING AGREE-
MENT, A SHARED VEHICLE DRIVER MUST REPORT THE THEFT OF THE SHARED VEHI-
CLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND A LAW ENFORCEMENT AGENCY
WITHIN TWELVE HOURS OF LEARNING OF SUCH THEFT."
(F) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE OF THE
PEER-TO-PEER CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT PROVIDED TO THE
SHARED VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT:
"NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHI-
CLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS
TO THE SHARED VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS
OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER
WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE COVERAGE PROVIDED BY
YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY THAT WILL COVER THE
A. 7422--B 17
SHARED VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE
PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR
VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED VEHICLE
AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
(G) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
FACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND, IN PLAIN
LANGUAGE, THE CONDITIONS AND EXCLUSIONS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
CLE OWNER OR THE PEER-TO-PEER CAR SHARING PROGRAM OF DAMAGE TO THE
SHARED VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM SUCH
SHARED VEHICLE DRIVER OF HIS OR HER RIGHT TO INSPECT THE VEHICLE, AND
THE PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS (B)
AND (C) OF SUBDIVISION FIVE OF THIS SECTION.
4. (A) UPON IDENTIFICATION OF DAMAGE BY THE SHARED VEHICLE OWNER OR
PEER-TO-PEER CAR SHARING PROGRAM AT THE TIME OF RETURN OF THE SHARED
VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
IN TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE SHARED
VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
THE SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND A
NOTICE, PURSUANT TO THIS SUBDIVISION, OF THE OBLIGATION OF THE SHARED
VEHICLE DRIVER TO EXECUTE AND RETURN TO THE PEER-TO-PEER CAR SHARING
PROGRAM A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE IS RETURNED BY AUTO-
MATION, RETURNED AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
OR PEER-TO-PEER CAR SHARING PROGRAM, SUCH INCIDENT REPORT FORM AND
NOTICE SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN
A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
OF SIX YEARS.
(B) WITHIN SEVENTY-TWO HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL
NOTIFY OR SEND NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM THAT
EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR SEND
A REQUEST FOR THIS INSPECTION WITHIN THE SEVENTY-TWO-HOUR PERIOD, HE,
SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
(C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
RETURN THE INCIDENT REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER THAN
TEN DAYS AFTER THE MAILING OF NOTIFICATION PURSUANT TO SUCH PARAGRAPH
(A), MAIL ANOTHER COPY OF THE INCIDENT REPORT TOGETHER WITH A LETTER
STATING THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE FAILED
TO COMPLETE AND RETURN THE INCIDENT REPORT. SUCH MAILING SHALL BE BY
OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
AND ANOTHER COPY OF SUCH NOTIFICATION BY REGULAR MAIL, WITH PROOF OF
MAILING BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST OFFICE.
WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
SHARED VEHICLE DRIVER OR HIS OR HER INSURER, THE INSPECTION SHALL BE
COMPLETED WITHIN SEVEN DAYS OF SUCH REQUEST. IF THE PEER-TO-PEER CAR
SHARING PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND
SUBJECT TO SALVAGE, SUCH SEVENTY-TWO HOUR PERIOD FOR NOTIFICATION OR
WAIVER OF THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN BUSINESS
DAYS FROM THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION FROM THE
A. 7422--B 18
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION TO INSPECT THE DAMAGED VEHICLE, UNLESS THE PEER-TO-PEER CAR
SHARING PROGRAM AGREES TO PROVIDE ACCESS TO SUCH DAMAGED VEHICLE BEYOND
THE TEN BUSINESS DAYS PROVIDED HEREIN. WITHIN THE LIMITS PROVIDED IN
THIS PARAGRAPH, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL IDENTIFY THE
REPAIRER OF, AND PROVIDE ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
VERIFY THE NATURE AND EXTENT OF DAMAGES, REPAIRS AND REPAIR COSTS,
AND/OR REPAIR ESTIMATES.
(D) ALL NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS AS DESIGNATED
BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.
(E) THE SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS OF
THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
(F) THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE IN AT LEAST
TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT WITHIN
TEN DAYS OF RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
LIABLE FOR DAMAGES SUSTAINED TO THE SHARED VEHICLE. EXCEPT WHERE THE
DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
FROM THE RETURN OR RECOVERY OF THE VEHICLE TO NOTIFY THE PEER-TO-PEER
CAR SHARING PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
CLE. THE INSPECTION SHALL BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF THE
REQUEST TO INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER OR
HIS OR HER INSURER REQUESTING SUCH INSPECTION WITHIN THE SEVENTY-TWO-
HOUR PERIOD, THE SHARED VEHICLE DRIVER AND HIS OR HER INSURER WILL BE
DEEMED TO HAVE WAIVED THIS RIGHT. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
SALVAGE, SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF THE
WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH RIGHT TO
INSPECT THE DAMAGED VEHICLE SHALL EXPIRE TEN BUSINESS DAYS FROM THE
SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
SHARING COMPANY. UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR HER
INSURER, WE WILL PROVIDE A COPY OF THE PROFESSIONAL ESTIMATE OF THE
COSTS OF REPAIRING THE DAMAGED MOTOR VEHICLE." INFORMATION THAT IS
PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL SATISFY ANY
REPORTING OBLIGATION OF A SHARED VEHICLE DRIVER IF SUCH RESPONSE
SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM OF LOSS, SAME SHALL BE
REQUESTED OF THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
(G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING SHALL
CONSTITUTE AN "INCIDENT REPORT FORM":
(A) A MOTOR VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
(B) ANY SIMILAR APPROPRIATE FORM FURNISHED BY THE PEER-TO-PEER CAR
SHARING PROGRAM.
(II) AN INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH:
(A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH A REQUEST
THAT HE OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
A. 7422--B 19
(B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS A FILL-IN FORM ON THE
PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
ER SHALL BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS SUBDI-
VISION.
(H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
HE OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED BY PARAGRAPH (B) OF
THIS SUBDIVISION.
(I) THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT REPORT
FORM, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF OF MAILING BY
PRODUCTION OF A CERTIFICATE OF MAILING. IF SUCH SHARED VEHICLE DRIVER
SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED INCIDENT REPORT
WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
SUBDIVISION SHALL BE DEEMED SATISFIED.
5. (A) A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME THE
SHARED VEHICLE IS UNDER THE PEER-TO-PEER CAR SHARING AGREEMENT;
PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE FOR
ANY NORMAL WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION OF
THE CONDITION OF THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE OF
THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
TIME THE SHARED VEHICLE IS SUBJECT TO THE PEER-TO-PEER CAR SHARING
AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE COSTS" SHALL MEAN THE
COST TO REPAIR THE SHARED VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND SHALL
INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.
(B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
LESSER OF:
(I) THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR SHARING
PROGRAM INCURRED TO REPAIR THE MOTOR VEHICLE OR THAT THE PEER-TO-PEER
CAR SHARING PROGRAM WOULD HAVE INCURRED IF THE MOTOR VEHICLE HAD BEEN
REPAIRED, WHICH SHALL REFLECT ANY DISCOUNTS, PRICE REDUCTIONS, OR
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
(II) THE FAIR MARKET VALUE OF THE SHARED VEHICLE IMMEDIATELY BEFORE
THE DAMAGE OCCURRED, AS DETERMINED IN THE APPLICABLE MARKET FOR THE
RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
(C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR LOSS OF A SHARED VEHICLE SHALL NOT EXCEED
REASONABLE COSTS INCURRED BY THE PEER-TO-PEER CAR SHARING PROGRAM FOR
SUCH LOSS DUE TO THEFT OF SUCH SHARED VEHICLE UP TO ITS FAIR MARKET
VALUE, AS DETERMINED BY THE APPLICABLE MARKET FOR THE RETAIL SALE OF
SUCH VEHICLE IF IT IS ESTABLISHED THAT SUCH SHARED VEHICLE DRIVER
COMMITTED, OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT OF SUCH
SHARED VEHICLE.
A. 7422--B 20
(D) DAMAGES INCURRED FOR THE LOSS OF USE OF A SHARED VEHICLE AND
RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
CLE DRIVER OR HIS OR HER INSURER.
(E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
DRIVER LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING PROGRAM
RECOVERS FROM ANY OTHER PARTY.
(F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
THE PEER-TO-PEER CAR SHARING PROGRAM:
(I) OBTAINS AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER IN THE
BUSINESS OF PROVIDING SUCH APPRAISALS REGARDING THE COST OF REPAIRING
SUCH SHARED VEHICLE;
(II) PROVIDES A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH SHARED
VEHICLE DRIVER; AND
(III) SUBMITS A COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
(G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM DAMAGE OR
LOSS TO A SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR COLLECT ANY CLAIM
FOR PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
(B) OF THIS SUBDIVISION.
(H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE POLICY
OF THE DRIVER OF A SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
PEER-TO-PEER CAR SHARING PROGRAM SUBMIT ANY CLAIMS TO SUCH DRIVER'S
INSURANCE CARRIER. UPON THE REQUEST OF A SHARED VEHICLE DRIVER, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO SUCH DRIV-
ER'S INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS THAT IT SHALL NOT NEGOTIATE WITH SUCH DRIVER'S INSURANCE
CARRIER.
6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
SECURITY, DEPOSIT, OR PAYMENT FOR DAMAGE IN ANY FORM, BY CREDIT CARD,
DEBIT CARD OR OTHERWISE, OR REPORT THE DEBT TO ANY CONSUMER REPORTING
AGENCY, AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED EIGHTY-A
OF THIS CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING AGREE-
MENT, PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
IN A COURT OF COMPETENT JURISDICTION.
(B) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR AN
ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
DRIVER, IN ANY FORM, FOR DAMAGES TO A SHARED VEHICLE WHICH IS IN THE
SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
(C) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
RETURN OR RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION, UNTIL AFTER
THE COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS AGREED
TO BETWEEN SUCH PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE
DRIVER OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR SHAR-
ING AGREEMENT PROVISIONS CONSISTENT WITH LAW AND THE RIGHTS AND OBLI-
GATIONS SET FORTH IN THIS SECTION; PROVIDED, HOWEVER, THAT A PEER-TO-
PEER CAR SHARING PROGRAM IS NOT PRECLUDED FROM PRESENTING A CLAIM TO A
SHARED VEHICLE DRIVER AND HIS OR HER INSURER PURSUANT TO OTHER
PROVISIONS OF THIS SECTION.
A. 7422--B 21
(D) CAUSES OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE APPROPRIATE, BE
COMMENCED BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED A DEMAND
LETTER. A DEMAND LETTER SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND POST OFFICE
ADDRESS OF SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME WHEN, THE PLACE
WHERE AND THE MANNER IN WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT
KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS DISCOVERED BY THE
SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED, ACCOMPANIED
BY SUPPORTING DOCUMENTATION, SUCH AS REPAIR BILLS, INVOICES AND ESTI-
MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED UPON SUCH SHARED VEHICLE
DRIVER AND HIS OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
NOTHING CONTAINED HEREIN SHALL PROHIBIT A PEER-TO-PEER CAR SHARING
PROGRAM AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE MATTER TO ARBI-
TRATION OR MEDIATION.
7. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
DRIVER LIABLE FOR ANY DAMAGE TO, OR LOSS OF, A SHARED VEHICLE, AS
PROVIDED BY THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN AT
LEAST TWELVE POINT BOLD FACE DISPLAY, THE NATURE AND EXTENT OF SUCH
LIABILITY AND SUCH DRIVER'S RIGHTS AND RESPONSIBILITIES PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (F) OF
SUBDIVISION THREE OF THIS SECTION.
8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE TO THE PEER-TO-PEER
CAR SHARING PLATFORM AND APPROPRIATE LAW ENFORCEMENT AGENCY IMMEDIATELY
UPON LEARNING OF THE THEFT OF A SHARED VEHICLE.
§ 914. RATE DISCLOSURES. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL
ADVERTISE OR QUOTE A RATE THAT DOES NOT INCLUDE ALL CHARGES, EXCEPT
TAXES OR OPTIONAL ITEMS AND/OR SERVICES OR ANY MILEAGE CHARGE, WHICH THE
SHARED VEHICLE DRIVER SHALL PAY TO OBTAIN ACCESS TO THE VEHICLE.
§ 915. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT SHALL BE UNLAWFUL
FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
ING PRACTICES SOLELY ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE
RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A PEER-
TO-PEER CAR SHARING AGREEMENT:
1. REFUSING TO ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
PROGRAM PROVIDED, HOWEVER, THAT A CAR SHARING PROGRAM MAY DESIGNATE
GEOGRAPHICAL BOUNDARIES WHERE A CAR SHARING START TIME OR TERMINATION
TIME OCCURS;
2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR SHARING OF A
SHARED VEHICLE; OR
3. IMPOSING ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
§ 916. GLOBAL POSITIONING SYSTEMS. A PEER-TO-PEER CAR SHARING PROGRAM
SHALL NOT USE INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM TECHNOLOGY
TO DETERMINE OR IMPOSE ANY COSTS, FEES, CHARGES, OR PENALTIES ON A
SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF A SHARED VEHICLE. THE USE
OF GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF SUCH PEER-
TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR PENALTIES
A. 7422--B 22
TO RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR STOLEN. THE PROVISIONS
OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR SUPERSEDE ANY
OTHER PROVISION OF LAW.
§ 917. NOTICE. IN ACCORDANCE WITH ANY APPLICABLE FEDERAL LAW OR RULE,
EVERY PEER-TO-PEER CAR SHARING PROGRAM SHALL DISPLAY THE FOLLOWING
NOTICE PROMINENTLY AND IN A CLEAR AND CONSPICUOUS LOCATION ON ITS
WEBSITE, WITH LETTERING THAT IS LEGIBLE: "NOTICE: NEW YORK STATE LAW
PROHIBITS THE FOLLOWING PRACTICES BY PEER-TO-PEER CAR SHARING PROGRAMS
BASED UPON RACE, COLOR, ETHNIC ORIGIN, RELIGION, DISABILITY, SEX, MARI-
TAL STATUS, OR AGE: (1) REFUSAL TO ALLOW PARTICIPATION IN A PEER-TO-PEER
CAR SHARING PROGRAM; AND (2) THE IMPOSITION OF ANY ADDITIONAL CHARGE
(EXCEPT IN CERTAIN INSTANCES WHERE THE SHARED VEHICLE DRIVER IS UNDER
THE AGE OF 25). IN ADDITION, IT IS UNLAWFUL FOR ANY PEER-TO-PEER CAR
SHARING PROGRAM TO REFUSE TO ALLOW PARTICIPATION IN THE PROGRAM TO ANY
PERSON SOLELY ON THE REQUIREMENT OF OWNERSHIP OF A CREDIT CARD."
§ 918. ELECTRONIC NOTICE AUTHORIZED. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE OR ARTICLE THIRTY-FIVE OF THE INSURANCE LAW,
ANY NOTICE OR DISCLOSURE OF GENERAL APPLICABILITY REQUIRED TO BE
PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE AVAILABLE BY A PEER-TO-
PEER SHARING PROGRAM PURSUANT TO ANY PROVISION OF THIS ARTICLE OR ARTI-
CLE THIRTY-FIVE OF THE INSURANCE LAW SHALL ALSO BE DEEMED TIMELY AND
EFFECTIVELY MADE WHERE SUCH NOTICE OR DISCLOSURE IS PROVIDED OR DELIV-
ERED ELECTRONICALLY TO THE SHARED VEHICLE OWNER AND/OR DRIVER AT OR
BEFORE THE TIME REQUIRED, PROVIDED THAT SUCH SHARED VEHICLE OWNER AND/OR
DRIVER HAS GIVEN HIS OR HER EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR
DISCLOSURE IN SUCH A MANNER.
2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY BE DEEMED A VALID
FORM OF ACCEPTANCE OF ANY SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS ACCEPTANCE IS AFFIRMATIVELY
WITHDRAWN BY SUCH SHARED VEHICLE DRIVER. NOTICES AND DISCLOSURES MADE
ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM ANY
PLACEMENT OR STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
TO LOCATION, FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED
DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
MANNER.
§ 919. AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT NOT
LIMITED TO THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING COMMERCE AT
SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR SHARING
PROGRAM ENTER INTO AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-PEER
CAR SHARING PROGRAM SHALL ENTER INTO A WRITTEN AGREEMENT, WHERE THE
PEER-TO-PEER CAR SHARING PROGRAM OR SHARED VEHICLE OWNER USES THE
PROGRAM TO:
1. LIST VEHICLES PARKED ON AIRPORT PROPERTY OR AT AIRPORT FACILITIES;
2. CONTRACT FOR TRANSPORTATION TO OR FROM AIRPORT PROPERTY OR AIRPORT
FACILITIES;
3. FACILITATE THE USE OF A SHARED VEHICLE TO TRANSPORT AIRPORT PASSEN-
GERS ON OR OFF AIRPORT PROPERTY; OR
4. PROMOTE OR MARKET A SHARED VEHICLE TO TRANSPORT AIRPORT PASSENGERS
ON OR OFF AIRPORT PROPERTY.
§ 920. ENFORCEMENT. 1. EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE, ANY PEER-TO-
PEER CAR SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
FOR EACH VIOLATION.
A. 7422--B 23
2. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH PEER-TO-PEER
CAR SHARING PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
THE CONTINUANCE OF SUCH VIOLATIONS.
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
(C) IN ANY PROCEEDING AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
(D) IN SUPPORT OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
3. ANY CLAUSE OR PROVISION OF A PEER-TO-PEER CAR SHARING AGREEMENT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
AGAINST PUBLIC POLICY.
§ 4. The tax law is amended by adding a new article 29-D to read as
follows:
ARTICLE 29-D
ASSESSMENT FEES
SECTION 1299-J. DEFINITIONS.
1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE.
1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT ASSESSMENT FEE.
1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE.
1299-N. PRESUMPTION.
1299-O. RETURNS AND PAYMENT OF PEER-TO-PEER ASSESSMENT FEE.
1299-P. RECORDS TO BE KEPT.
1299-Q. SECRECY OF RETURNS AND REPORTS.
1299-R. PRACTICE AND PROCEDURE.
1299-S. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1299-J. DEFINITIONS. TERMS USED IN THIS ARTICLE SHALL HAVE THE SAME
MEANING AS IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS LAW UNLESS
EXPRESSLY PROVIDED OTHERWISE. FOR PURPOSES OF THIS ARTICLE, THE FOLLOW-
ING TERM SHALL HAVE THE FOLLOWING MEANING:
"GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER" MEANS ALL CONSIDER-
ATION PAID BY A SHARED VEHICLE DRIVER FOR USE OF A SHARED VEHICLE,
INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT FOR SEPARATELY STATED CHARG-
ES FOR TAXES AND GOVERNMENT-IMPOSED FEES AND AIRPORT FACILITY FEES,
WHETHER IMPOSED ON THE SHARED VEHICLE DRIVER OR PASSED THROUGH TO THE
SHARED VEHICLE DRIVER.
§ 1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE. IN
ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTICLE OF THIS CHAPTER,
THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHARING PROGRAM A FEE
OF TWO PERCENT OF THE GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER
WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE STATE AND TERMINATES
ANYWHERE IN THE STATE. THE TAX IMPOSED UNDER THIS SECTION SHALL INCREASE
TO THREE PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER ON
THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
§ 1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION DISTRICT
ASSESSMENT FEE. IN ADDITION TO THE FEE IMPOSED UNDER SECTION TWELVE
HUNDRED NINETY-NINE-K OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED
A. 7422--B 24
UNDER ANY OTHER ARTICLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON
EVERY PEER-TO-PEER CAR SHARING PROGRAM A METROPOLITAN COMMUTER TRANSPOR-
TATION DISTRICT FEE OF TWO PERCENT OF THE GROSS CHARGES PAID BY THE
SHARED VEHICLE DRIVER WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE
STATE TERMINATES ANYWHERE IN METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE
PUBLIC AUTHORITIES LAW. THE TAX IMPOSED UNDER THIS SECTION SHALL
INCREASE TO THREE PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE
DRIVER ON THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
§ 1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE. IN
ADDITION TO THE FEE IMPOSED UNDER SECTION TWELVE HUNDRED NINETY-NINE-K
OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTI-
CLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR
SHARING PROGRAM A REGIONAL TRANSPORTATION FEE OF TWO PERCENT OF THE
GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER WHEN THE CAR SHARING
PERIOD BEGINS ANYWHERE IN THE STATE AND TERMINATES ANYWHERE IN THE STATE
OUTSIDE OF METROPOLITAN TRANSPORTATION DISTRICT AS ESTABLISHED BY
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW. THE TAX
IMPOSED UNDER THIS SECTION SHALL INCREASE TO THREE PERCENT OF GROSS
CHARGES PAID BY THE SHARED VEHICLE DRIVER ON THE FIRST OF JANUARY, TWO
THOUSAND TWENTY-THREE.
§ 1299-N. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
THIS ARTICLE AND TO PREVENT EVASION OF THE PEER-TO-PEER ASSESSMENT FEE
IMPOSED BY THIS ARTICLE, IT SHALL BE PRESUMED THAT EVERY PEER-TO-PEER
CAR SHARING PROGRAM THAT BEGINS ANYWHERE IN THE STATE IS SUBJECT TO THE
FEES UNDER THIS ARTICLE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE
CONTRARY IS PROVEN BY THE PERSON LIABLE FOR THE FEE.
§ 1299-O. RETURNS AND PAYMENT OF PEER-TO-PEER ASSESSMENT FEE. (A)
EVERY PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY THIS
ARTICLE SHALL FILE A RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE
COMMISSIONER. EACH RETURN SHALL SHOW THE NUMBER OF TRIPS, THE TOTAL
GROSS CHARGES FOR EACH TRIP AND THE AMOUNT OF FEES DUE THEREON IN THE
QUARTER FOR WHICH THE RETURN IS FILED, TOGETHER WITH SUCH OTHER INFORMA-
TION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED BY THIS
SECTION SHALL BE FILED WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY
PERIOD COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY IN ORDER
TO ENSURE THE PAYMENT OF THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY THIS
ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER
PERIODS THAN PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND
UPON SUCH DATES AS THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS
SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMA-
TION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO
BE FILED WITHIN THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION
SPECIFIED IN THE NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS
BE FILED ELECTRONICALLY.
(B) EVERY PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE REQUIRED
TO FILE A RETURN UNDER THIS ARTICLE SHALL, AT THE TIME OF FILING SUCH
RETURN, PAY TO THE COMMISSIONER THE TOTAL OF ALL PEER-TO-PEER ASSESSMENT
FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH FEE UNDER THIS ARTI-
CLE. THE AMOUNT SO PAYABLE TO THE COMMISSIONER FOR THE PERIOD FOR WHICH
A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND PAYABLE TO THE COMMIS-
SIONER ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN FOR SUCH PERI-
OD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR WHETHER THE RETURN
THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF TRIPS, GROSS TRIP
A. 7422--B 25
CHARGES OR AMOUNT OF FEES DUE THEREON. THE COMMISSIONER MAY REQUIRE
THAT THE FEE BE PAID ELECTRONICALLY.
§ 1299-P. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE PEER-TO-PEER
ASSESSMENT FEES IMPOSED BY THIS ARTICLE SHALL KEEP:
(A) RECORDS OF EVERY PEER-TO-PEER CAR SHARING PROGRAM TRIP SUBJECT TO
THE FEES UNDER THIS ARTICLE, AND OF ALL AMOUNTS PAID, CHARGED OR DUE
THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
(B) TRUE AND COMPLETE COPIES, INCLUDING ELECTRONIC COPIES, OF ANY
RECORDS REQUIRED TO BE KEPT BY A STATE AGENCY THAT IS AUTHORIZED TO
PERMIT OR REGULATE A PEER-TO-PEER CAR SHARING PROGRAM; AND
(C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
§ 1299-Q. SECRECY OF RETURNS AND REPORTS. (A) EXCEPT IN ACCORDANCE
WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE
UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, ANY PERSON ENGAGED OR RETAINED BY THE DEPARTMENT ON AN INDEPENDENT
CONTRACT BASIS, OR ANY PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF
THE CONTENTS OF A RETURN OR REPORT FILED WITH THE COMMISSIONER PURSUANT
TO THIS ARTICLE, TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY PARTICULARS
SET FORTH OR DISCLOSED IN ANY SUCH RETURN OR REPORT. THE OFFICERS
CHARGED WITH THE CUSTODY OF SUCH RETURNS AND REPORTS SHALL NOT BE
REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE OF ANYTHING CONTAINED IN
THEM IN ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
COMMISSIONER IN AN ACTION OR PROCEEDING UNDER THE PROVISIONS OF THIS
CHAPTER OR IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION OF
A PEER-TO-PEER ASSESSMENT FEE DUE UNDER THIS ARTICLE TO WHICH THE STATE
OR THE COMMISSIONER IS A PARTY OR A CLAIMANT, OR ON BEHALF OF ANY PARTY
TO ANY ACTION, PROCEEDING OR HEARING UNDER THE PROVISIONS OF THIS ARTI-
CLE WHEN THE RETURNS, REPORTS OR FACTS SHOWN THEREBY ARE DIRECTLY
INVOLVED IN SUCH ACTION, PROCEEDING OR HEARING, IN ANY OF WHICH EVENTS
THE COURT, OR IN THE CASE OF A HEARING, THE DIVISION OF TAX APPEALS MAY
REQUIRE THE PRODUCTION OF, AND MAY ADMIT INTO EVIDENCE, SO MUCH OF SAID
RETURNS, REPORTS OR OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT TO THE
ACTION, PROCEEDING OR HEARING AND NO MORE. THE COMMISSIONER OR THE DIVI-
SION OF TAX APPEALS MAY, NEVERTHELESS, PUBLISH A COPY OR A SUMMARY OF
ANY DECISION RENDERED AFTER A HEARING REQUIRED BY THIS ARTICLE. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE DELIVERY TO A PERSON
WHO HAS FILED A RETURN OR REPORT OR TO SUCH PERSON'S DULY AUTHORIZED
REPRESENTATIVE OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED IN
CONNECTION WITH SUCH PERSON'S ASSESSMENT FEE. NOR SHALL ANYTHING IN THIS
SECTION BE CONSTRUED TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLAS-
SIFIED AS TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS
AND THE ITEMS THEREOF, OR THE INSPECTION BY THE ATTORNEY GENERAL OR
OTHER LEGAL REPRESENTATIVES OF THE STATE OF THE RETURN OR REPORT OF ANY
PERSON REQUIRED TO PAY THE PEER-TO-PEER ASSESSMENT FEE WHO SHALL BRING
ACTION TO REVIEW THE PEER-TO-PEER ASSESSMENT FEE BASED THEREON, OR
AGAINST WHOM AN ACTION OR PROCEEDING UNDER THIS CHAPTER HAS BEEN RECOM-
MENDED BY THE COMMISSIONER OR THE ATTORNEY GENERAL OR HAS BEEN INSTI-
TUTED, OR THE INSPECTION OF THE RETURNS OR REPORTS REQUIRED UNDER THIS
ARTICLE BY THE COMPTROLLER OR DULY DESIGNATED OFFICER OR EMPLOYEE OF THE
STATE DEPARTMENT OF AUDIT AND CONTROL, FOR PURPOSES OF THE AUDIT OF A
REFUND OF ANY PEER-TO-PEER ASSESSMENT FEE PAID BY A PERSON REQUIRED TO
PAY THE PEER-TO-PEER ASSESSMENT FEES UNDER THIS ARTICLE. PROVIDED,
FURTHER, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
DISCLOSURE, IN SUCH MANNER AS THE COMMISSIONER DEEMS APPROPRIATE, OF THE
A. 7422--B 26
NAMES AND OTHER APPROPRIATE IDENTIFYING INFORMATION OF THOSE PERSONS
REQUIRED TO PAY PEER-TO-PEER ASSESSMENT FEES UNDER THIS ARTICLE.
(B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER, IN HIS OR HER DISCRETION, MAY REQUIRE OR PERMIT ANY OR
ALL PERSONS LIABLE FOR ANY PEER-TO-PEER ASSESSMENT FEES IMPOSED BY THIS
ARTICLE, TO MAKE PAYMENT TO BANKS, BANKING HOUSES OR TRUST COMPANIES
DESIGNATED BY THE COMMISSIONER AND TO FILE RETURNS WITH SUCH BANKS,
BANKING HOUSES OR TRUST COMPANIES AS AGENTS OF THE COMMISSIONER, IN LIEU
OF PAYING ANY SUCH PEER-TO-PEER ASSESSMENT FEES DIRECTLY TO THE COMMIS-
SIONER. HOWEVER, THE COMMISSIONER SHALL DESIGNATE ONLY SUCH BANKS, BANK-
ING HOUSES OR TRUST COMPANIES AS ARE ALREADY DESIGNATED BY THE COMP-
TROLLER AS DEPOSITORIES PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-EIGHT
OF THIS CHAPTER.
(C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER MAY PERMIT THE SECRETARY OF THE TREASURY OF THE UNITED
STATES OR SUCH SECRETARY'S DELEGATE, OR THE AUTHORIZED REPRESENTATIVE OF
EITHER SUCH OFFICER, TO INSPECT ANY RETURN FILED UNDER THIS ARTICLE, OR
MAY FURNISH TO SUCH OFFICER OR SUCH OFFICER'S AUTHORIZED REPRESENTATIVE
AN ABSTRACT OF ANY SUCH RETURN OR SUPPLY SUCH PERSON WITH INFORMATION
CONCERNING AN ITEM CONTAINED IN ANY SUCH RETURN, OR DISCLOSED BY ANY
INVESTIGATION OF LIABILITY UNDER THIS ARTICLE, BUT SUCH PERMISSION SHALL
BE GRANTED OR SUCH INFORMATION FURNISHED ONLY IF THE LAWS OF THE UNITED
STATES GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE COMMISSIONER OR
OFFICER OF THIS STATE CHARGED WITH THE ADMINISTRATION OF THE PEER-TO-
PEER ASSESSMENT FEES IMPOSED BY THIS ARTICLE, AND ONLY IF SUCH INFORMA-
TION IS TO BE USED FOR PURPOSES OF TAX ADMINISTRATION ONLY; AND PROVIDED
FURTHER THE COMMISSIONER MAY FURNISH TO THE COMMISSIONER OF INTERNAL
REVENUE OR SUCH COMMISSIONER'S AUTHORIZED REPRESENTATIVE SUCH RETURNS
FILED UNDER THIS ARTICLE AND OTHER TAX INFORMATION, AS SUCH COMMISSIONER
MAY CONSIDER PROPER, FOR USE IN COURT ACTIONS OR PROCEEDINGS UNDER THE
INTERNAL REVENUE CODE, WHETHER CIVIL OR CRIMINAL, WHERE A WRITTEN
REQUEST THEREFOR HAS BEEN MADE TO THE COMMISSIONER BY THE SECRETARY OF
THE TREASURY OF THE UNITED STATES OR SUCH SECRETARY'S DELEGATE, PROVIDED
THE LAWS OF THE UNITED STATES GRANT SUBSTANTIALLY SIMILAR POWERS TO THE
SECRETARY OF THE TREASURY OF THE UNITED STATES OR HIS OR HER DELEGATE.
WHERE THE COMMISSIONER HAS SO AUTHORIZED USE OF RETURNS AND OTHER INFOR-
MATION IN SUCH ACTIONS OR PROCEEDINGS, OFFICERS AND EMPLOYEES OF THE
DEPARTMENT MAY TESTIFY IN SUCH ACTIONS OR PROCEEDINGS IN RESPECT TO SUCH
RETURNS OR OTHER INFORMATION.
(D) RETURNS AND REPORTS FILED UNDER THIS ARTICLE SHALL BE PRESERVED
FOR THREE YEARS AND THEREAFTER UNTIL THE COMMISSIONER ORDERS THEM TO BE
DESTROYED.
(E) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
(F) (1) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS
SECTION, UPON WRITTEN REQUEST FROM THE CHAIRPERSON OF THE COMMITTEE ON
WAYS AND MEANS OF THE UNITED STATES HOUSE OF REPRESENTATIVES, THE CHAIR-
PERSON OF THE COMMITTEE ON FINANCE OF THE UNITED STATES SENATE, OR THE
CHAIRPERSON OF THE JOINT COMMITTEE ON TAXATION OF THE UNITED STATES
CONGRESS, THE COMMISSIONER SHALL FURNISH SUCH COMMITTEE WITH ANY CURRENT
OR PRIOR YEAR RETURNS SPECIFIED IN SUCH REQUEST THAT WERE FILED UNDER
THIS ARTICLE BY THE PRESIDENT OF THE UNITED STATES, VICE-PRESIDENT OF
THE UNITED STATES, MEMBER OF THE UNITED STATES CONGRESS REPRESENTING NEW
YORK STATE, OR ANY PERSON WHO SERVED IN OR WAS EMPLOYED BY THE EXECUTIVE
BRANCH OF THE GOVERNMENT OF THE UNITED STATES ON THE EXECUTIVE STAFF OF
THE PRESIDENT, IN THE EXECUTIVE OFFICE OF THE PRESIDENT, OR IN AN ACTING
A. 7422--B 27
OR CONFIRMED CAPACITY IN A POSITION SUBJECT TO CONFIRMATION BY THE
UNITED STATES SENATE; OR, IN NEW YORK STATE: A STATEWIDE ELECTED OFFI-
CIAL, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SEVEN-
TY-THREE-A OF THE PUBLIC OFFICERS LAW; A STATE OFFICER OR EMPLOYEE, AS
DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION ONE OF SUCH
SECTION SEVENTY-THREE-A; A POLITICAL PARTY CHAIRPERSON, AS DEFINED IN
PARAGRAPH (H) OF SUBDIVISION ONE OF SUCH SECTION SEVENTY-THREE-A; A
LOCAL ELECTED OFFICIAL, AS DEFINED IN SUBDIVISIONS ONE AND TWO OF
SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL LAW; A PERSON
APPOINTED, PURSUANT TO LAW, TO SERVE DUE TO VACANCY OR OTHERWISE IN THE
POSITION OF A LOCAL ELECTED OFFICIAL, AS DEFINED IN SUBDIVISIONS ONE AND
TWO OF SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL LAW; A MEMBER
OF THE STATE LEGISLATURE; OR A JUDGE OR JUSTICE OF THE UNIFIED COURT
SYSTEM; OR FILED BY A PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION,
JOINT-STOCK COMPANY, TRUST OR SIMILAR ENTITY DIRECTLY OR INDIRECTLY
CONTROLLED BY ANY INDIVIDUAL LISTED IN THIS PARAGRAPH, WHETHER BY
CONTRACT, THROUGH OWNERSHIP OR CONTROL OF A MAJORITY INTEREST IN SUCH
ENTITY, OR OTHERWISE, OR FILED BY A PARTNERSHIP, FIRM, ASSOCIATION,
CORPORATION, JOINT-STOCK COMPANY, TRUST OR SIMILAR ENTITY OF WHICH ANY
INDIVIDUAL LISTED IN THIS PARAGRAPH HOLDS TEN PERCENT OR MORE OF THE
VOTING SECURITIES OF SUCH ENTITY; PROVIDED HOWEVER THAT, PRIOR TO
FURNISHING ANY RETURN, THE COMMISSIONER SHALL REDACT ANY COPY OF A
FEDERAL RETURN, OR PORTION THEREOF, ATTACHED TO, OR ANY INFORMATION ON A
FEDERAL RETURN THAT IS REFLECTED ON, SUCH RETURN, AND ANY SOCIAL SECURI-
TY NUMBERS, ACCOUNT NUMBERS AND RESIDENTIAL ADDRESS INFORMATION.
(2) NO RETURNS OR REPORTS SHALL BE FURNISHED PURSUANT TO THIS SUBDIVI-
SION UNLESS THE CHAIRPERSON OF THE REQUESTING COMMITTEE CERTIFIES IN
WRITING THAT SUCH RETURNS HAVE BEEN REQUESTED RELATED TO, AND IN FURTH-
ERANCE OF, A LEGITIMATE TASK OF THE CONGRESS, THAT THE REQUESTING
COMMITTEE HAS MADE A WRITTEN REQUEST TO THE UNITED STATES SECRETARY OF
THE TREASURY FOR RELATED FEDERAL RETURNS OR REPORTS OR RETURN OR REPORT
INFORMATION, PURSUANT TO 26 U.S.C. SECTION 6103(F), AND THAT IF SUCH
REQUESTED RETURNS ARE INSPECTED BY AND/OR SUBMITTED TO ANOTHER COMMIT-
TEE, TO THE UNITED STATES HOUSE OF REPRESENTATIVES, OR TO THE UNITED
STATES SENATE, THEN SUCH INSPECTION AND/OR SUBMISSION SHALL OCCUR IN A
MANNER CONSISTENT WITH FEDERAL LAW AS INFORMED BY THE REQUIREMENTS AND
PROCEDURES ESTABLISHED IN 26 U.S.C. SECTION 6103(F).
§ 1299-R. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-
SEVEN OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION AND
PROCEDURE WITH RESPECT TO THE FEES IMPOSED BY THIS ARTICLE IN THE SAME
MANNER AND IN THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH
SECTIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER HAD BEEN INCORPORATED
IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE FEES IMPOSED
UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS
EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT
TO THIS ARTICLE. THE FEES IMPOSED UNDER THIS ARTICLE ARE IN LIEU OF AND
REPLACE ANY TAX AS MAY BE IMPOSED UNDER SECTIONS ELEVEN HUNDRED SIXTY,
ELEVEN HUNDRED SIXTY-SIX-A, AND ELEVEN HUNDRED SIXTY-SIX-B OF THIS CHAP-
TER.
§ 1299-S. DEPOSIT AND DISPOSITION OF REVENUE. (A) ALL TAXES, FEES,
INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
SECTION TWELVE HUNDRED NINETY-NINE-K OF THIS ARTICLE SHALL BE DEPOSITED
AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVEN-
TY-ONE-A OF THIS CHAPTER.
(B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION TWELVE HUNDRED NINETY-NINE-L OF THIS
A. 7422--B 28
ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE CORPORATE TRANSPORTA-
TION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL
ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A OF THE
PUBLIC AUTHORITIES LAW, TO BE APPLIED AS PROVIDED IN PARAGRAPH (E) OF
SUBDIVISION FOUR OF SUCH SECTION.
(C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION TWELVE HUNDRED NINETY-NINE-M OF THIS
ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE PUBLIC TRANSPORTATION
SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-
EIGHT-A OF THE STATE FINANCE LAW.
§ 5. Subdivision 1 of section 171-a of the tax law, as amended by
section 3 of part XX of chapter 59 of the laws of 2019, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), twenty-B, twenty-D, twenty-one, twenty-two, twenty-four, twenty-
six, twenty-eight (except as otherwise provided in section eleven
hundred two or eleven hundred three thereof), twenty-eight-A, twenty-
nine-B, TWENTY-NINE-D (EXCEPT AS OTHERWISE PROVIDED IN SECTIONS TWELVE
HUNDRED NINETY-NINE-L AND TWELVE HUNDRED NINETY-NINE-M), thirty-one
(except as otherwise provided in section fourteen hundred twenty-one
thereof), thirty-three and thirty-three-A of this chapter shall be
deposited daily in one account with such responsible banks, banking
houses or trust companies as may be designated by the comptroller, to
the credit of the comptroller. Such an account may be established in one
or more of such depositories. Such deposits shall be kept separate and
apart from all other money in the possession of the comptroller. The
comptroller shall require adequate security from all such depositories.
Of the total revenue collected or received under such articles of this
chapter, the comptroller shall retain in the comptroller's hands such
amount as the commissioner may determine to be necessary for refunds or
reimbursements under such articles of this chapter out of which amount
the comptroller shall pay any refunds or reimbursements to which taxpay-
ers shall be entitled under the provisions of such articles of this
chapter. The commissioner and the comptroller shall maintain a system of
accounts showing the amount of revenue collected or received from each
of the taxes imposed by such articles. The comptroller, after reserving
the amount to pay such refunds or reimbursements, shall, on or before
the tenth day of each month, pay into the state treasury to the credit
of the general fund all revenue deposited under this section during the
preceding calendar month and remaining to the comptroller's credit on
the last day of such preceding month, (i) except that the comptroller
shall pay to the state department of social services that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against past-due support
pursuant to subdivision six of section one hundred seventy-one-c of this
article, (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university of
New York or the city university of New York respectively that amount of
A. 7422--B 29
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in repayment of guaranteed student loans and state university loans or
city university loans pursuant to subdivision five of section one
hundred seventy-one-d and subdivision six of section one hundred seven-
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage account,
pursuant to section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by the commissioner as
the amount to be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision six of
section one hundred seventy-one-f of this article, provided, however, he
shall credit to the special offset fiduciary account, pursuant to
section ninety-one-c of the state finance law, any such amount credita-
ble as a liability as set forth in paragraph (b) of subdivision six of
section one hundred seventy-one-f of this article, (iv) and except
further that the comptroller shall pay to the city of New York that
amount of overpayment of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any
interest thereon that is certified to the comptroller by the commission-
er as the amount to be credited against city of New York tax warrant
judgment debt pursuant to section one hundred seventy-one-l of this
article, (v) and except further that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to the
comptroller by the commissioner as the amount due such non-obligated
spouse pursuant to paragraph six of subsection (b) of section six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a like amount which the comptroller shall pay into the treasury to the
credit of the general fund from amounts subsequently payable to the
department of social services, the state university of New York, the
city university of New York, or the higher education services corpo-
ration, or the revenue arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c of the state
finance law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and (vii) with respect to
amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city of New
York.
§ 6. Subdivision 1 of section 171-a of the tax law, as amended by
section 4 of part XX of chapter 59 of the laws of 2019, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
A. 7422--B 30
(except as otherwise provided in section four hundred eighty-two there-
of), twenty-D, twenty-one, twenty-two, twenty-four, twenty-six, twenty-
eight (except as otherwise provided in section eleven hundred two or
eleven hundred three thereof), twenty-eight-A, twenty-nine-B, TWENTY-
NINE-D (EXCEPT AS OTHERWISE PROVIDED IN SECTIONS TWELVE HUNDRED NINETY-
NINE-L AND TWELVE HUNDRED NINETY-NINE-M), thirty-one (except as other-
wise provided in section fourteen hundred twenty-one thereof),
thirty-three and thirty-three-A of this chapter shall be deposited daily
in one account with such responsible banks, banking houses or trust
companies as may be designated by the comptroller, to the credit of the
comptroller. Such an account may be established in one or more of such
depositories. Such deposits shall be kept separate and apart from all
other money in the possession of the comptroller. The comptroller shall
require adequate security from all such depositories. Of the total
revenue collected or received under such articles of this chapter, the
comptroller shall retain in the comptroller's hands such amount as the
commissioner may determine to be necessary for refunds or reimbursements
under such articles of this chapter out of which amount the comptroller
shall pay any refunds or reimbursements to which taxpayers shall be
entitled under the provisions of such articles of this chapter. The
commissioner and the comptroller shall maintain a system of accounts
showing the amount of revenue collected or received from each of the
taxes imposed by such articles. The comptroller, after reserving the
amount to pay such refunds or reimbursements, shall, on or before the
tenth day of each month, pay into the state treasury to the credit of
the general fund all revenue deposited under this section during the
preceding calendar month and remaining to the comptroller's credit on
the last day of such preceding month, (i) except that the comptroller
shall pay to the state department of social services that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against past-due support
pursuant to subdivision six of section one hundred seventy-one-c of this
article, (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university of
New York or the city university of New York respectively that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in repayment of guaranteed student loans and state university loans or
city university loans pursuant to subdivision five of section one
hundred seventy-one-d and subdivision six of section one hundred seven-
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage account,
pursuant to section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by the commissioner as
the amount to be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision six of
section one hundred seventy-one-f of this article, provided, however, he
shall credit to the special offset fiduciary account, pursuant to
section ninety-one-c of the state finance law, any such amount credita-
ble as a liability as set forth in paragraph (b) of subdivision six of
section one hundred seventy-one-f of this article, (iv) and except
further that the comptroller shall pay to the city of New York that
A. 7422--B 31
amount of overpayment of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any
interest thereon that is certified to the comptroller by the commission-
er as the amount to be credited against city of New York tax warrant
judgment debt pursuant to section one hundred seventy-one-l of this
article, (v) and except further that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to the
comptroller by the commissioner as the amount due such non-obligated
spouse pursuant to paragraph six of subsection (b) of section six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a like amount which the comptroller shall pay into the treasury to the
credit of the general fund from amounts subsequently payable to the
department of social services, the state university of New York, the
city university of New York, or the higher education services corpo-
ration, or the revenue arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c of the state
finance law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and (vii) with respect to
amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city of New
York.
§ 7. Paragraph a of subdivision 1, paragraph a of subdivision 2, and
subdivision 3 of section 600 of the vehicle and traffic law, paragraph a
of subdivision 1 and paragraph a of subdivision 2 as amended and subdi-
vision 3 as added by section 4 of part AAA of chapter 59 of the laws of
2017, are amended to read as follows:
a. Any person operating a motor vehicle who, knowing or having cause
to know that damage has been caused to the real property or to the
personal property, not including animals, of another, due to an incident
involving the motor vehicle operated by such person shall, before leav-
ing the place where the damage occurred, stop, exhibit his or her
license and insurance identification card for such vehicle, when such
card is required pursuant to articles six and eight of this chapter, and
give his or her name, residence, including street and number, insurance
carrier and insurance identification information including but not
limited to the number and effective dates of said individual's insurance
policy, and license number to the party sustaining the damage, or in
case the person sustaining the damage is not present at the place where
the damage occurred then he or she shall report the same as soon as
physically able to the nearest police station, or judicial officer. In
addition to the foregoing, any such person shall also: (i) (A) produce
the proof of insurance coverage required pursuant to article
forty-four-B of this chapter if such person is a TNC driver operating a
TNC vehicle while the incident occurred who was [(A)] (1) logged on to
the TNC's digital network but not engaged in a TNC prearranged trip or
[(B)] (2) was engaged in a TNC prearranged trip; and [(ii)] (B)
disclose whether he or she, at the time such incident occurred, was
[(A)] (1) logged on to the TNC's digital network but not engaged in a
TNC prearranged trip or [(B)] (2) was engaged in a TNC prearranged trip,
OR (II) (A) PRODUCE THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO
ARTICLE FORTY OF THE GENERAL BUSINESS LAW IF SUCH PERSON IS A SHARED
A. 7422--B 32
VEHICLE OWNER OR SHARED VEHICLE DRIVER OPERATING A SHARED VEHICLE DURING
A PEER-TO-PEER CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED; AND (B)
DISCLOSE WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS
OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD.
a. Any person operating a motor vehicle who, knowing or having cause
to know that personal injury has been caused to another person, due to
an incident involving the motor vehicle operated by such person shall,
before leaving the place where the said personal injury occurred, stop,
exhibit his or her license and insurance identification card for such
vehicle, when such card is required pursuant to articles six and eight
of this chapter, and give his or her name, residence, including street
and street number, insurance carrier and insurance identification infor-
mation including but not limited to the number and effective dates of
said individual's insurance policy and license number, to the injured
party, if practical, and also to a police officer, or in the event that
no police officer is in the vicinity of the place of said injury, then,
he or she shall report said incident as soon as physically able to the
nearest police station or judicial officer. In addition to the forego-
ing, any such person shall also: (i) (A) produce the proof of insurance
coverage required pursuant to article forty-four-B of this chapter if
such person is a TNC driver operating a TNC vehicle at the time of the
incident who was [(A)] (1) logged on to the TNC's digital network but
not engaged in a TNC prearranged trip or [(B)] (2) was engaged in a TNC
prearranged trip; and [(ii)] (B) disclose whether he or she, at the time
such incident occurred, was [(A)] (1) logged on to the TNC's digital
network but not engaged in a TNC prearranged trip or [(B)] (2) was
engaged in a TNC prearranged trip, OR (II) (A) PRODUCE THE PROOF OF
INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY OF THE GENERAL
BUSINESS LAW IF SUCH PERSON IS A SHARED VEHICLE OWNER OR SHARED VEHICLE
DRIVER OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER CAR SHARING
PERIOD WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER HE OR SHE,
AT THE TIME SUCH INCIDENT OCCURRED, WAS OPERATING A SHARED VEHICLE
DURING A PEER-TO-PEER CAR SHARING PERIOD.
3. For the purposes of this article, the terms "TNC", "TNC driver",
"TNC vehicle", "TNC prearranged trip" and "digital network" shall have
the same meanings as such terms are defined in article forty-four-B of
this chapter AND THE TERMS "SHARED VEHICLE OWNER", "SHARED VEHICLE DRIV-
ER", "SHARED VEHICLE" AND "PEER-TO-PEER CAR SHARING PERIOD" SHALL HAVE
THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN ARTICLE FORTY OF THE
GENERAL BUSINESS LAW.
§ 8. Section 601 of the vehicle and traffic law, as amended by section
5 of part AAA of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 601. Leaving scene of injury to certain animals without reporting.
Any person operating a motor vehicle which shall strike and injure any
horse, dog, cat or animal classified as cattle shall stop and endeavor
to locate the owner or custodian of such animal or a police, peace or
judicial officer of the vicinity, and take any other reasonable and
appropriate action so that the animal may have necessary attention, and
shall also promptly report the matter to such owner, custodian or offi-
cer (or if no one of such has been located, then to a police officer of
some other nearby community), exhibiting his or her license and insur-
ance identification card for such vehicle, when such card is required
pursuant to articles six and eight of this chapter, giving his or her
name and residence, including street and street number, insurance carri-
er and insurance identification information and license number. In addi-
A. 7422--B 33
tion to the foregoing, any such person shall also: (i) (A) produce the
proof of insurance coverage required pursuant to article forty-four-B of
this chapter if such person is a TNC driver operating a TNC vehicle at
the time of the incident who was [(A)] (1) logged on to the TNC's
digital network but not engaged in a TNC prearranged trip or [(B)] (2)
was engaged in a TNC prearranged trip; and [(ii)] (B) disclose whether
he or she, at the time such incident occurred, was [(A)] (1) logged on
to the TNC's digital network but not engaged in a TNC prearranged trip
or [(B)] (2) was engaged in a TNC prearranged trip, OR (II) (A) PRODUCE
THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY OF
THE GENERAL BUSINESS LAW IF SUCH PERSON IS A SHARED VEHICLE OWNER OR
SHARED VEHICLE DRIVER OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER
CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER
HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS OPERATING A SHARED
VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD. Violation of this
section shall be punishable by a fine of not more than one hundred
dollars for a first offense and by a fine of not less than fifty nor
more than one hundred fifty dollars for a second offense and each subse-
quent offense; provided, however where the animal that has been struck
and injured is a guide dog, hearing dog or service dog, as such terms
are defined in section forty-seven-b of the civil rights law which is
actually engaged in aiding or guiding a person with a disability, a
violation of this section shall be punishable by a fine of not less than
fifty nor more than one hundred fifty dollars for a first offense and by
a fine of not less than one hundred fifty dollars nor more than three
hundred dollars for a second offense and each subsequent offense.
§ 9. Severability clause. If any provision of this act or the applica-
tion thereof is held invalid, such invalidity shall not affect other
provisions or applications of this act which can be given effect without
the invalid provision or application, and to this end the provisions of
this act are declared to be severable.
§ 10. This act shall take effect on the ninetieth day after it shall
have become a law; provided that amendments to subdivision 1 of section
171-a of the tax law made by section five of this act shall not affect
the expiration of such subdivision and shall expire therewith, when upon
such date the provisions of section six of this act shall take effect.
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