LBD03055-10-2
A. 8828 2
§ 3. Sections 3458, 3459, 3460 and 3461 of the insurance law, as added
by a chapter of the laws of 2021 amending the insurance law, the general
business law, the tax law, and the vehicle and traffic law relating to
enacting the peer-to-peer car sharing program act, as proposed in legis-
lative bills numbers S. 6715 and A. 2349-A, are amended to read as
follows:
§ 3458. Group insurance for peer-to-peer car sharing programs. (a)
For the purposes of this section [and sections three thousand four
hundred fifty-nine, three thousand four hundred sixty and three thousand
four hundred sixty-one of this article], the following definitions shall
apply:
(1) "CERTIFICATE" OR "CERTIFICATE OF INSURANCE" MEANS ANY POLICY,
CONTRACT OR OTHER EVIDENCE OF INSURANCE, OR ENDORSEMENT THERETO, ISSUED
TO A GROUP MEMBER UNDER A PEER-TO-PEER CAR SHARING GROUP POLICY.
(2) "GROUP POLICYHOLDER" MEANS AN ADMINISTRATOR.
(3) "GROUP POLICY MEMBER" MEANS A SHARED VEHICLE OWNER OR A SHARED
VEHICLE DRIVER PARTICIPATING IN A PROGRAM.
(4) "Peer-to-peer car [sharing" shall have the same meaning as set
forth in article forty of the general business law.] SHARING GROUP POLI-
CY" OR "GROUP POLICY" MEANS A GROUP POLICY, INCLUDING CERTIFICATES
ISSUED TO THE GROUP MEMBERS, WHERE THE GROUP POLICYHOLDER IS AN ADMINIS-
TRATOR AND THE POLICY PROVIDES INSURANCE TO THE ADMINISTRATOR AND TO
GROUP MEMBERS:
(A) IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE FORTY OF THE GENER-
AL BUSINESS LAW;
(B) OF THE TYPE DESCRIBED IN PARAGRAPH THIRTEEN, FOURTEEN, OR NINETEEN
OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS
CHAPTER; AND
(C) IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET
FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
SUBDIVISION FOUR OF SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND SUCH OTHER REQUIRE-
MENTS OR REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF SATISFYING THE
FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE USE OR OPERA-
TION OF A MOTOR VEHICLE.
[(2)] (5) "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)] (6) "PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR" OR "ADMINIS-
TRATOR" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE
GENERAL BUSINESS LAW.
(7) "Shared vehicle driver" shall have the same meaning as set forth
in article forty of the general business law.
[(6)] (8) "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.]
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(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)] (10) "Motor vehicle" shall have the same meaning as set forth
in article 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-one of this arti-
cle.
(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. Except
when the peer-to-peer car sharing program has contractually agreed to
assume the risk of loss due to physical damage to the shared vehicle,
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.
(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
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insurer, for all shared vehicles during the peer-to-peer car sharing
period. Except when the peer-to-peer car sharing program has contractu-
ally agreed to assume the risk of loss due to physical damage to the
shared vehicle, such policy shall also include a provision that claims
shall be adjusted pursuant to section three thousand four hundred twelve
of this article, and, except when the peer-to-peer car sharing program
has contractually agreed to assume the risk of loss due to physical
damage to the shared vehicle, 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)] AN INSURER MAY ISSUE OR ISSUE FOR DELIVERY IN THIS STATE A GROUP
POLICY TO AN ADMINISTRATOR AS A GROUP POLICYHOLDER ONLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION.
(C) (1) A GROUP POLICY SHALL PROVIDE COVERAGE FOR A SHARED VEHICLE
OWNER'S MOTOR VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE
FORTY OF THE GENERAL BUSINESS LAW.
(2) A GROUP POLICY MAY PROVIDE:
(A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED BY
SUBDIVISION TWO OF SECTION NINE HUNDRED ONE OF THE GENERAL BUSINESS LAW,
WITH REGARD TO FINANCIAL RESPONSIBILITY COVERAGE;
(B) SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE PURSUANT TO SUBSECTION
(G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER; AND
(C) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
(3) THE COVERAGE DESCRIBED IN PARAGRAPHS ONE AND TWO OF THIS
SUBSECTION MAY BE PROVIDED IN ONE GROUP POLICY OR IN SEPARATE GROUP
POLICIES.
(4) A GROUP POLICY, INCLUDING CERTIFICATES, SHALL BE ISSUED BY AUTHOR-
IZED INSURERS OR THROUGH EXCESS LINE BROKERS PURSUANT TO SECTION TWO
THOUSAND ONE HUNDRED EIGHTEEN OF THIS CHAPTER.
(5) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
(D) THE PREMIUM FOR THE GROUP POLICY, INCLUDING CERTIFICATES, MAY BE
PAID BY THE GROUP POLICYHOLDER FROM THE FUNDS CONTRIBUTED:
(1) WHOLLY BY THE GROUP POLICYHOLDER;
(2) WHOLLY BY THE GROUP POLICY MEMBERS; OR
(3) JOINTLY BY THE GROUP POLICYHOLDER AND THE GROUP POLICY MEMBERS.
(E)(1) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETRO-
SPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP POLICY-
HOLDER MAY:
(A) BE APPLIED TO REDUCE THE PREMIUM CONTRIBUTION OF THE GROUP POLICY-
HOLDER, BUT NOT IN EXCESS OF THE PROPORTION TO ITS CONTRIBUTION; OR
(B) BE RETAINED BY THE GROUP POLICYHOLDER.
(2) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETROSPEC-
TIVE PREMIUM REFUND NOT DISTRIBUTED UNDER PARAGRAPH ONE OF THIS
SUBSECTION SHALL BE:
(A) APPLIED TO REDUCE FUTURE PREMIUMS AND, ACCORDINGLY, FUTURE
CONTRIBUTIONS, OF EXISTING OR FUTURE GROUP POLICY MEMBERS, OR BOTH; OR
(B) PAID OR REFUNDED TO THOSE GROUP POLICY MEMBERS INSURED ON THE DATE
THE PAYMENT OR REFUND IS MADE TO THE GROUP POLICYHOLDER, IF DISTRIBUTED
BY THE GROUP POLICYHOLDER, OR ON THE DATE OF MAILING, IF DISTRIBUTED
DIRECTLY BY THE INSURER, SUBJECT TO THE FOLLOWING REQUIREMENTS:
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(I) THE INSURER SHALL BE RESPONSIBLE FOR DETERMINING THE ALLOCATION OF
THE PAYMENT OR REFUND TO THE GROUP POLICY MEMBERS;
(II) IF THE GROUP POLICYHOLDER DISTRIBUTES THE PAYMENT OR REFUND, THEN
THE INSURER SHALL BE RESPONSIBLE FOR CONDUCTING AN AUDIT TO ASCERTAIN
THAT THE PAYMENT OR REFUND IS ACTUALLY MADE IN ACCORDANCE WITH THE ALLO-
CATION PROCEDURE; AND
(III) IF THE GROUP POLICYHOLDER FAILS TO MAKE THE PAYMENT OR REFUND,
THEN THE INSURER SHALL MAKE THE PAYMENT OR REFUND DIRECTLY OR USE THE
METHOD PROVIDED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
(3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF THIS SUBSECTION, IF A
DIVIDEND ACCRUES UPON TERMINATION OF COVERAGE UNDER A GROUP POLICY, THE
PREMIUM FOR WHICH WAS PAID OUT OF FUNDS CONTRIBUTED BY GROUP POLICY
MEMBERS SPECIFICALLY FOR THE COVERAGE, THEN THE DIVIDEND SHALL BE PAID
OR REFUNDED BY THE GROUP POLICYHOLDER TO THE GROUP POLICY MEMBERS
INSURED ON THE DATE THE PAYMENT OR REFUND IS MADE TO THE GROUP POLICY-
HOLDER NET OF REASONABLE EXPENSES INCURRED BY THE GROUP POLICYHOLDER IN
PAYING OR REFUNDING THE DIVIDEND TO SUCH GROUP POLICY MEMBERS.
(4) FOR THE PURPOSES OF THIS SUBSECTION, "DIVIDEND" MEANS A RETURN BY
AN INSURER TO A GROUP POLICYHOLDER OF EXCESS PREMIUMS PAID BY THAT GROUP
POLICYHOLDER IN LIGHT OF ITS FAVORABLE LOSS EXPERIENCE, INCLUDING RETRO-
SPECTIVE PREMIUM CREDITS OR RETROSPECTIVE PREMIUM REFUNDS. THE TERM
"DIVIDEND" DOES NOT INCLUDE REIMBURSEMENTS OR FEES RECEIVED BY A GROUP
POLICYHOLDER IN CONNECTION WITH THE OPERATION OR ADMINISTRATION OF A
GROUP POLICY, INCLUDING ADMINISTRATIVE REIMBURSEMENTS, FEES FOR SERVICES
PROVIDED BY THE GROUP POLICYHOLDER, OR TRANSACTIONAL SERVICE FEES.
(F) THE INSURER SHALL TREAT IN LIKE MANNER ALL ELIGIBLE GROUP POLICY
MEMBERS OF THE SAME CLASS AND STATUS.
(G) EACH POLICY WRITTEN PURSUANT TO THIS SECTION SHALL PROVIDE PER
OCCURRENCE LIMITS OF COVERAGE FOR EACH GROUP POLICY MEMBER IN AN AMOUNT
NOT LESS THAN THAT REQUIRED BY ARTICLE FORTY OF THE GENERAL BUSINESS
LAW, AND MAY PROVIDE COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS
REQUIRED UNDER THE LAW.
(H)(1) THE INSURER SHALL BE RESPONSIBLE FOR THE MAILING OR DELIVERY OF
A CERTIFICATE OF INSURANCE TO EACH GROUP POLICY MEMBER, PROVIDED, HOWEV-
ER, THAT THE INSURER MAY DELEGATE THE MAILING OR DELIVERY TO THE ADMIN-
ISTRATOR. THE INSURER ALSO SHALL BE RESPONSIBLE FOR MAILING OR DELIVERY
TO EACH GROUP POLICY MEMBER AN AMENDED CERTIFICATE OF INSURANCE, OR
ENDORSEMENT TO THE CERTIFICATE, WHENEVER THERE IS A CHANGE OF LIMITS;
CHANGE IN TYPE OF COVERAGE; ADDITION, REDUCTION, OR ELIMINATION OF
COVERAGE; OR ADDITION OF EXCLUSION, UNDER THE GROUP POLICY OR CERTIF-
ICATE.
(2) THE CERTIFICATE SHALL CONTAIN IN SUBSTANCE ALL MATERIAL TERMS AND
CONDITIONS OF COVERAGE AFFORDED TO THE GROUP POLICY MEMBER, UNLESS THE
GROUP POLICY IS INCORPORATED BY REFERENCE AND A COPY OF THE GROUP POLICY
ACCOMPANIES THE CERTIFICATE.
(3) IF COVERAGE AFFORDED TO THE GROUP POLICY MEMBER IS IN EXCESS OF
OTHER APPLICABLE INSURANCE COVERAGE, THEN THE CERTIFICATE SHALL CONTAIN
A NOTICE ADVISING THE GROUP POLICY MEMBER THAT IF THE GROUP POLICY
MEMBER HAS OTHER INSURANCE COVERAGE, SPECIFIED COVERAGES UNDER THE GROUP
POLICY WILL BE EXCESS OVER THE OTHER INSURANCE.
(I) A GROUP POLICYHOLDER SHALL COMPLY WITH THE PROVISIONS OF SECTION
TWO THOUSAND ONE HUNDRED TWENTY-TWO OF THIS CHAPTER, IN THE SAME MANNER
AS AN INSURANCE AGENT OR INSURANCE BROKER, IN ANY ADVERTISEMENT, SIGN,
PAMPHLET, CIRCULAR, CARD, OR OTHER PUBLIC ANNOUNCEMENT REFERRING TO
COVERAGE UNDER A GROUP POLICY OR CERTIFICATE.
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(J) A GROUP POLICY OR CERTIFICATE SHALL NOT BE SUBJECT TO SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OR SECTION THREE THOUSAND FOUR
HUNDRED TWENTY-SIX OF THIS ARTICLE, PROVIDED THAT THE FOLLOWING REQUIRE-
MENTS SHALL APPLY WITH REGARD TO TERMINATION OF COVERAGE:
(1)(A) AN INSURER MAY TERMINATE A GROUP POLICY OR CERTIFICATE ONLY IF
CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN SUBPAR-
AGRAPHS (A) THROUGH (D) OR (F) THROUGH (H) OF PARAGRAPH ONE OF
SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT AN ACT OR OMISSION BY A GROUP MEMBER
THAT WOULD CONSTITUTE THE BASIS FOR CANCELLATION OF AN INDIVIDUAL
CERTIFICATE SHALL NOT CONSTITUTE THE BASIS FOR CANCELLATION OF THE GROUP
POLICY.
(B) WHERE THE PREMIUM IS DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY THE
GROUP POLICYHOLDER, AN INSURER MAY CANCEL AN INDIVIDUAL CERTIFICATE ONLY
IF CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN
SUBPARAGRAPHS (B), (C), OR (H) OF PARAGRAPH ONE OF SUBSECTION (C) OF
SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
(2)(A) AN INSURER'S CANCELLATION OF A GROUP POLICY, INCLUDING ALL
CERTIFICATES, SHALL NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE
INSURER MAILS OR DELIVERS WRITTEN NOTICE OF CANCELLATION TO THE GROUP
POLICYHOLDER AT THE MAILING ADDRESS SHOWN IN THE POLICY OR TO AN ELEC-
TRONIC MAIL ADDRESS AT WHICH THE GROUP POLICYHOLDER HAS CONSENTED TO
RECEIVE SUCH NOTICE.
(I) WHERE ALL OR PART OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED
BY THE GROUP POLICY MEMBER SPECIFICALLY FOR THE COVERAGE, THE INSURER
ALSO SHALL MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION OF THE GROUP
POLICY TO THE GROUP POLICY MEMBER AT THE GROUP POLICY MEMBER'S MAILING
ADDRESS OR TO AN ELECTRONIC MAIL ADDRESS AT WHICH THE GROUP POLICY
MEMBER HAS CONSENTED TO RECEIVE SUCH NOTICE. SUCH CANCELLATION SHALL
NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIV-
ERS THE WRITTEN NOTICE TO THE GROUP POLICY MEMBER.
(II) WHERE NONE OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED BY A
GROUP POLICY MEMBER SPECIFICALLY FOR THE COVERAGE, THE GROUP POLICYHOLD-
ER SHALL MAIL OR DELIVER WRITTEN NOTICE TO THE GROUP POLICY MEMBER
ADVISING THE GROUP POLICY MEMBER OF THE CANCELLATION OF THE GROUP POLICY
AND THE EFFECTIVE DATE OF CANCELLATION. THE GROUP POLICYHOLDER SHALL
MAIL OR DELIVER THE WRITTEN NOTICE WITHIN NINETY DAYS AFTER RECEIVING
NOTICE OF CANCELLATION FROM THE INSURER.
(B) AN INSURER'S CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL NOT
BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIVERS
WRITTEN NOTICE OF CANCELLATION TO THE GROUP POLICY MEMBER AT THE GROUP
POLICY MEMBER'S MAILING ADDRESS, OR TO AN ELECTRONIC MAIL ADDRESS AT
WHICH THE GROUP POLICY MEMBER HAS CONSENTED TO RECEIVE SUCH NOTICE, AND
TO THE GROUP POLICYHOLDER AT THE MAILING ADDRESS SHOWN IN THE GROUP
POLICY OR TO AN ELECTRONIC MAIL ADDRESS AT WHICH THE GROUP POLICYHOLDER
HAS CONSENTED TO RECEIVE SUCH NOTICE.
(3)(A) A GROUP POLICYHOLDER MAY CANCEL A GROUP POLICY, INCLUDING ALL
CERTIFICATES, OR ANY INDIVIDUAL CERTIFICATE, FOR ANY REASON UPON THIRTY
DAYS' WRITTEN NOTICE TO THE INSURER AND EACH GROUP POLICY MEMBER; AND
(B) THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO
EACH AFFECTED GROUP POLICY MEMBER OF THE GROUP POLICYHOLDER'S CANCELLA-
TION OF THE GROUP POLICY OR CERTIFICATE AND THE EFFECTIVE DATE OF
CANCELLATION. THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER THE WRITTEN
NOTICE TO THE GROUP POLICY MEMBER'S MAILING ADDRESS, OR TO AN ELECTRONIC
MAIL ADDRESS AT WHICH THE GROUP POLICY MEMBER HAS CONSENTED TO RECEIVE
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SUCH NOTICE, AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF CANCEL-
LATION.
(4) A GROUP POLICY MEMBER MAY CANCEL OPTIONAL COVERAGE UPON PROVIDING
NOTICE TO THE GROUP POLICYHOLDER. FOR THE PURPOSES OF THIS SUBSECTION,
"OPTIONAL COVERAGE" MEANS COVERAGE OTHER THAN FINANCIAL RESPONSIBILITY
COVERAGE THAT AN INDIVIDUAL GROUP POLICY MEMBER PURCHASES ON AN OPTIONAL
BASIS. "OPTIONAL COVERAGE" DOES NOT MEAN OPTIONAL VEHICLE PROTECTION AS
DEFINED IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(5)(A) A GROUP POLICY AND ALL CERTIFICATES SHALL BE ISSUED OR RENEWED
FOR A ONE-YEAR POLICY PERIOD UNLESS THE GROUP POLICY PROVIDES FOR A
LONGER POLICY PERIOD.
(B) THE GROUP POLICYHOLDER SHALL BE ENTITLED TO RENEW THE GROUP POLICY
AND ALL CERTIFICATES UPON TIMELY PAYMENT OF THE PREMIUM BILLED TO THE
GROUP POLICYHOLDER FOR THE RENEWAL, UNLESS THE INSURER MAILS OR DELIVERS
TO THE GROUP POLICYHOLDER AND ALL GROUP POLICY MEMBERS WRITTEN NOTICE OF
NONRENEWAL, OR CONDITIONAL RENEWAL, AT LEAST THIRTY BUT NOT MORE THAN
ONE HUNDRED TWENTY DAYS PRIOR TO THE EXPIRATION DATE SPECIFIED IN THE
GROUP POLICY OR, IF NO DATE IS SPECIFIED, THEN THE NEXT ANNIVERSARY DATE
OF THE GROUP POLICY.
(6) WHERE THE GROUP POLICYHOLDER NONRENEWS THE GROUP POLICY, THE GROUP
POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO EACH GROUP MEMBER
ADVISING THE GROUP POLICY MEMBER OF NONRENEWAL OF THE GROUP POLICY AND
THE EFFECTIVE DATE OF NONRENEWAL. THE GROUP POLICYHOLDER SHALL MAIL OR
DELIVER WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO THE NONRENEWAL.
(7) EVERY NOTICE OF CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL
FROM AN INSURER SHALL SET FORTH THE SPECIFIC REASON OR REASONS FOR
CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL.
(8)(A) AN INSURER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION TO GIVE
NOTICE TO A GROUP POLICY MEMBER IF THE INSURER HAS BEEN ADVISED BY
EITHER THE GROUP POLICYHOLDER OR ANOTHER INSURER THAT SUBSTANTIALLY
SIMILAR COVERAGE HAS BEEN OBTAINED FROM THE OTHER INSURER WITHOUT LAPSE
OF COVERAGE.
(B) A GROUP POLICYHOLDER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION
TO GIVE NOTICE TO A GROUP POLICY MEMBER IF SUBSTANTIALLY SIMILAR COVER-
AGE HAS BEEN OBTAINED FROM ANOTHER INSURER WITHOUT LAPSE OF COVERAGE.
(9)(A) IF, PRIOR TO THE EFFECTIVE DATE OF CANCELLATION, NONRENEWAL, OR
CONDITIONAL RENEWAL OF THE GROUP POLICY, OR A CERTIFICATE, WHETHER
INITIATED BY THE INSURER, GROUP POLICYHOLDER OR BY THE GROUP POLICY
MEMBER IN REGARD TO THE GROUP POLICY MEMBER'S CERTIFICATE, COVERAGE
ATTACHES PURSUANT TO THE TERMS OF A GROUP POLICY, THEN THE COVERAGE
SHALL BE EFFECTIVE UNTIL EXPIRATION OF THE APPLICABLE PERIOD OF COVERAGE
PROVIDED IN THE GROUP POLICY NOTWITHSTANDING THE CANCELLATION, NONRENE-
WAL OR CONDITIONAL NONRENEWAL OF THE GROUP POLICY.
(B) NOTWITHSTANDING SUBPARAGRAPH (A) OF THIS PARAGRAPH, AN INSURER MAY
TERMINATE COVERAGE UNDER AN INDIVIDUAL CERTIFICATE ON THE EFFECTIVE DATE
OF CANCELLATION, IF THE CERTIFICATE IS CANCELLED IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION.
(K) ANY MAILING OR DELIVERY TO A GROUP POLICY MEMBER REQUIRED OR
PERMITTED UNDER THIS SECTION MAY BE MADE BY ELECTRONIC MAIL IF AFFIRMA-
TIVE VERIFIABLE CONSENT TO SUCH METHOD OF DELIVERY HAS BEEN PREVIOUSLY
RECEIVED FROM SUCH GROUP POLICY MEMBER.
(L) AN INSURER MAY ISSUE A GROUP POLICY TO AN ADMINISTRATOR NOTWITH-
STANDING THAT IT MAY BE A CONDITION OF USING OR OPERATING A MOTOR VEHI-
CLE THROUGH THE ADMINISTRATOR'S PROGRAM FOR THE SHARED VEHICLE OWNER TO
PARTICIPATE IN SUCH GROUP POLICY.
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(M) AN INSURER SHALL NOT INCLUDE A MANDATORY ARBITRATION CLAUSE IN A
POLICY THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE UNDER THIS
SECTION EXCEPT AS PERMITTED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF
THIS CHAPTER.
(N) Coverage under a group policy, as provided for in this section,
shall not be dependent on [a personal motor vehicle] AN INSURER THAT
ISSUED A SHARED VEHICLE OWNER'S POLICY OF liability [insurer first deny-
ing a claim] INSURANCE OR OTHER MOTOR VEHICLE INSURANCE, nor shall [a
personal motor vehicle insurance policy] AN INSURER 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.]
§ 3459. Car share exclusions for [personal] motor vehicle [liability]
insurance policies. (a) The definitions set forth in section three thou-
sand four hundred [fifty-seven] FIFTY-EIGHT of this article shall apply
to this section.
(b) Notwithstanding any other provision of law to the contrary, the
shared vehicle owner's [personal] POLICY OF LIABILITY INSURANCE OR OTHER
motor vehicle [insurer] INSURANCE may exclude any and all coverage
afforded under the policy issued to the shared vehicle owner for any
loss, DEATH, or injury that occurs during the car sharing period includ-
ing:
(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] ENTITY for the liability for any
loss, DEATH, OR INJURY 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.
§ 3460. 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 [unless otherwise authorized under section three thousand four
hundred twenty-five of this article] IN COMPLIANCE WITH ARTICLE FORTY OF
THE GENERAL BUSINESS LAW.
(b) The definitions set forth in section three thousand four hundred
fifty-eight of this article shall apply to this section.
§ 3461. Notice of claim. (a) For purposes of article fifty-one of this
chapter, 11 NYCRR Part 65 and general liability claims, notice of claim
to the shared vehicle owner, shared vehicle driver, peer-to-peer car
sharing program ADMINISTRATOR, or any insurer of the shared vehicle
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owner, shared vehicle driver, or peer-to-peer car sharing program ADMIN-
ISTRATOR shall be deemed notice to all appropriate parties and insurers.
(b) Any shared vehicle owner, shared vehicle driver, peer-to-peer car
sharing program ADMINISTRATOR, or any insurer of the shared vehicle
owner, shared vehicle driver, or peer-to-peer car sharing program ADMIN-
ISTRATOR receiving such notice shall provide such notice to all appro-
priate parties.
(C) THE DEFINITIONS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
FIFTY-EIGHT OF THIS ARTICLE SHALL APPLY TO THIS SECTION.
§ 4. Subsection (b) of section 5103 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
5. IS INJURED WHILE A MOTOR VEHICLE IS BEING USED OR OPERATED BY A
SHARED VEHICLE DRIVER PURSUANT TO ARTICLE FORTY OF THE GENERAL BUSINESS
LAW, PROVIDED, HOWEVER, THAT ONLY THE INSURER ISSUING THE OWNER'S POLICY
OF LIABILITY INSURANCE PROVIDING COVERAGE FOR THE MOTOR VEHICLE BEING
USED OR OPERATED BY A SHARED VEHICLE DRIVER MAY EXCLUDE SUCH COVERAGE
AND AN INSURER MAY NOT INCLUDE THIS EXCLUSION IN A POLICY USED TO SATIS-
FY THE REQUIREMENTS OF ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
§ 5. Paragraph 2 of subsection (d) of section 5106 of the insurance
law, as added by section 8 of part AAA of chapter 59 of the laws of
2017, is amended to read as follows:
(2) A group policy issued pursuant to section three thousand four
hundred fifty-five OR THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT of this
chapter shall provide first party benefits when a dispute exists as to
whether a driver was using or operating a motor vehicle in connection
with a transportation network company OR PEER-TO-PEER CAR SHARING
PROGRAM when loss, damage, injury, or death occurs. A transportation
network company OR PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR shall
notify the insurer that issued the owner's policy of liability insurance
of the dispute within ten business days of becoming aware that the
dispute exists. When there is a dispute, the group insurer liable for
the payment of first party benefits under a group policy shall have the
right to recover the amount paid from the driver's insurer OR IN THE
CASE OF A PEER-TO-PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER'S
INSURER to the extent that the driver would have been liable to pay
damages in an action at law.
§ 6. Section 900 of the general business law, as added by a chapter of
the laws of 2021 amending the insurance law, the general business law,
the tax law, and the vehicle and traffic law relating to enacting the
peer-to-peer car sharing program act, as proposed in legislative bills
numbers S. 6715 and A. 2349-A, is amended to read as follows:
§ 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" MEANS A PROGRAM
THAT FACILITATES THE USE OR OPERATION OF A SHARED VEHICLE BY A SHARED
VEHICLE DRIVER.
3. "Peer-to-peer car sharing program administrator" or ["program"]
"ADMINISTRATOR" shall mean the corporation, partnership, firm, institu-
tion, 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 A peer-to-peer car
sharing PROGRAM for financial consideration[. Such programs], BUT shall
not include A PERSON OR ENTITY ENGAGED IN THE BUSINESS OF RENTING OR
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LEASING RENTAL VEHICLES TO BE OPERATED UPON THE PUBLIC HIGHWAYS FOR
CARRYING PASSENGERS OR non-profit or charitable organizations that
facilitate peer-to-peer car sharing in exchange for payment of a fee or
for financial consideration.
[3.] 4. "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.] 5. "Shared vehicle" means a motor vehicle that is available for
sharing 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.] 6. "Shared vehicle driver" shall mean a driver, as such term is
defined by section one hundred thirteen of the vehicle and traffic law,
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.] 7. "Shared vehicle owner" shall mean [a registered] AN owner, AS
DEFINED IN SECTION ONE HUNDRED TWENTY-EIGHT OF THE VEHICLE AND TRAFFIC
LAW, of a REGISTERED shared vehicle made available for use by shared
vehicle drivers through a peer-to-peer car sharing program.
[7.] 8. "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.] 9. "Peer-to-peer car sharing start time" shall mean the time when
the shared vehicle becomes subject to POSSESSION OR the control of the
shared vehicle driver at, or after, the time the peer-to-peer car shar-
ing period is scheduled to begin as documented in the records of a peer-
to-peer car sharing program ADMINISTRATOR.
[9.] 10. "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.] 11. "Peer-to-peer car sharing termination time" shall mean the
earliest 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 peer-to-peer 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] OR control of the shared
vehicle.
[11.] 12. "Group policy" means an insurance policy issued pursuant to
section three thousand four hundred fifty-eight of the insurance law.
[12.] 13. "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.
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[13.] 14. "Optional vehicle protection" shall:
(a) mean a peer-to-peer car sharing [program's] PROGRAM ADMINISTRA-
TOR'S agreement to contractually assume liability or risk of loss due to
physical damage for all or part of any damage or loss to the shared
vehicle, any loss of use of the shared vehicle, or any storage, impound,
towing or administrative charges for which a shared vehicle driver, or
shared vehicle owner may be liable[.]; AND
(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".
§ 7. Section 901 of the general business law, as added by a chapter of
the laws of 2021 amending the insurance law, the general business law,
the tax law, and the vehicle and traffic law relating to enacting the
peer-to-peer car sharing program act, as proposed in legislative bills
numbers S. 6715 and A. 2349-A, is REPEALED.
§ 8. Sections 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912,
913, 914, 915, 916, 917, 918, 919, and 920 of the general business law,
as added by a chapter of the laws of 2021 amending the insurance law,
the general business law, the tax law, and the vehicle and traffic law
relating to enacting the peer-to-peer car sharing program act, as
proposed in legislative bills numbers S. 6715 and A. 2349-A, are renum-
bered sections 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911,
912, 913, 914, 915, 916, 917, 918, and 919.
§ 9. Sections 901, 902, 903, 904, 905, 906, 907, 908, 909, 912, 913,
914, 915, 916, 917, and 918 of the general business law, as renumbered
by section eight of this act, are amended to read as follows:
§ 901. Requirements for doing business. 1. No shared vehicle shall be
classified as a commercial vehicle, for-hire vehicle, transportation
network company or TNC vehicle as defined in article forty-four-B of the
vehicle and traffic law, taxi-cab, rental vehicle as defined in section
one hundred thirty-seven-a of the vehicle and traffic law, or livery
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 commercial 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 vehi-
cle for-hire or as a transportation network company vehicle 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
or as a transportation network company vehicle.
2. A peer-to-peer car sharing program ADMINISTRATOR, during each peer-
to-peer car sharing period for each shared vehicle that it facilitates
the use AND OPERATION of, shall maintain insurance that provides finan-
cial 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;
A. 8828 12
(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[.]; AND
(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 ADMINIS-
TRATOR, or any insurer of the shared vehicle owner, shared vehicle driv-
er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
be deemed notice to all appropriate parties and insurers. Any shared
vehicle owner, shared vehicle driver, peer-to-peer car sharing program
ADMINISTRATOR, or any insurer of the shared vehicle owner, shared vehi-
cle driver, or peer-to-peer car sharing program ADMINISTRATOR receiving
such notice shall provide such notice to all appropriate parties.
3. The insurance requirements provided in subdivision two of this
section may be satisfied by insurance provided through a group policy
maintained by the peer-to-peer car sharing program ADMINISTRATOR on the
shared vehicle, shared vehicle owner, and shared vehicle driver pursuant
to this article. Provided that the peer-to-peer car sharing [program's]
PROGRAM ADMINISTRATOR'S group liability insurance policy shall be prima-
ry during each car sharing period, pursuant to section nine hundred
[three] TWO of this [chapter] ARTICLE, nothing shall be deemed to
preclude an insurer from providing excess or umbrella coverage for the
shared vehicle owner or shared vehicle driver if such shared vehicle
owner or shared vehicle driver chooses to do so by contract or endorse-
ment.
4. A peer-to-peer car sharing program ADMINISTRATOR shall, during each
peer-to-peer car sharing period for each shared vehicle that it facili-
tates the use AND OPERATION of, perform the following:
(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
A. 8828 13
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, electronic mail, or other such form of commu-
nication 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 with relevant job responsibilities 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
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 ADMINIS-
TRATOR, or any insurer of the shared vehicle owner, shared vehicle driv-
er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
be deemed notice to all appropriate parties and insurers. Any shared
vehicle owner, shared vehicle driver, peer-to-peer car sharing program
ADMINISTRATOR, or any insurer of the shared vehicle owner, shared vehi-
cle driver, or peer-to-peer car sharing program ADMINISTRATOR receiving
such notice shall provide such notice to all appropriate parties.
A. 8828 14
(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] POLICY OF liability [insurer] INSURANCE
OR OTHER MOTOR VEHICLE INSURANCE may exclude any and all coverage
afforded under [its] THE 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] ENTITY for liability for any loss,
DEATH, OR INJURY 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-eight of the insurance law,
shall not be valid or collectible for damages [or], losses, DEATHS, OR
INJURIES 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] PROGRAM ADMINISTRATOR
shall file with the commissioner of motor vehicles, in such form and
manner as such commissioner 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 [plat-
form] PROGRAM ADMINISTRATOR to comply with the provisions of this arti-
cle may result in penalties [which may include suspension or revocation
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.
A. 8828 15
(e) A group policy provided for in this section shall not include a
mandatory arbitration clause in a policy issued pursuant to this
section. Nothing in this section supersedes the mandatory arbitration
requirements contained in section five thousand one hundred five of the
insurance law.
7. A peer-to-peer car sharing program ADMINISTRATOR shall, upon enter-
ing 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 sharing in the program, provide notice in plain conspicu-
ous language to the shared vehicle owner that he or she may need addi-
tional insurance coverage including motor vehicle physical damage cover-
age 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.
§ 902. 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, DEATH, 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] ONE of this article shall provide financial responsibility
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 nine hundred [two]
ONE of this article, and the peer-to-peer car sharing [program] ADMINIS-
TRATOR shall retain such liability irrespective of a lapse in the group
policy or any other insurance policy or financial security maintained by
the [program] ADMINISTRATOR.
2. The insurer or insurers providing group liability insurance to the
peer-to-peer car sharing program pursuant to section nine hundred [two]
ONE 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, DEATH, OR INJURY occurred
giving rise to such claim or whether the loss, DEATH, OR INJURY occurred
outside of the car sharing period; and (b) the peer-to-peer car sharing
program ADMINISTRATOR does not have available, did not retain, or is
otherwise unable to provide information demonstrating who was in
POSSESSION OR control at the time of the loss, DEATH, OR INJURY or
whether the loss, DEATH, OR INJURY occurred outside of the car sharing
period, the shared vehicle owner's private motor vehicle insurer shall
indemnify insurer or insurers providing group liability INSURANCE, to
the extent of its obligation under the applicable insurance policy, if
it is determined that the loss, DEATH, OR INJURY occurred outside of the
peer-to-peer car sharing period. The peer-to-peer car sharing program
ADMINISTRATOR shall notify the [registered] SHARED VEHICLE owner's
insurer of any such dispute within fifteen days of becoming aware that
such a dispute exists.
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, DEATH, or injury that occurs during any time
within the peer-to-peer car sharing period, or otherwise under the
direct and immediate control of a peer-to-peer car sharing program, the
peer-to-peer car sharing program ADMINISTRATOR 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
A. 8828 16
hundred [two] ONE of this article and section three thousand four
hundred fifty-eight 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] PROGRAM ADMINISTRATOR'S insurer, if the
claim is made against the shared vehicle owner, the shared vehicle driv-
er or authorized [operator] DRIVER for loss, DEATH, or injury which
occurs during the car sharing period.
5. A peer-to-peer car sharing program ADMINISTRATOR 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 driver 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
ADMINISTRATOR 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 ADMINISTRATOR 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] PROGRAM or shared vehi-
cle in this state.
9. A peer-to-peer car sharing program ADMINISTRATOR shall be deemed to
have received notice of injuries to OR DEATH OF persons or LOSSES OF
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 ADMINISTRATOR or notice received by the shared vehi-
cle owner. A shared vehicle owner shall promptly give actual notice to
the peer-to-peer car sharing program ADMINISTRATOR and its insurers,
including notice in the form and manner as required in the peer-to-peer
car sharing agreement, of any INJURIES TO OR DEATH OF PERSONS OR losses
OF PROPERTY potentially covered by insurance maintained by the peer-to-
peer car sharing program ADMINISTRATOR. A peer-to-peer car sharing
program ADMINISTRATOR or its insurers shall be deemed to have received
actual notice when a shared vehicle owner notifies the peer-to-peer car
sharing program ADMINISTRATOR or its insurers when the shared vehicle
owner provided notice in the form and manner required in the peer-to-
peer car sharing agreement.
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. 8828 17
owner, shared vehicle driver, peer-to-peer car sharing program ADMINIS-
TRATOR or any insurer of the shared vehicle owner, shared vehicle driv-
er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
be deemed notice to all appropriate parties and insurers. Any shared
vehicle owner, shared vehicle driver, peer-to-peer car sharing program
ADMINISTRATOR or any insurer of the shared vehicle owner, shared vehicle
driver, or peer-to-peer car sharing program ADMINISTRATOR receiving such
notice shall provide such notice to all appropriate parties.
§ 903. Lien implications; notification. When a vehicle owner first
registers as a shared vehicle owner [on] IN 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] IN the peer-
to-peer car sharing program, the peer-to-peer car sharing program ADMIN-
ISTRATOR 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 without physical damage coverage, may violate the terms of
the contract with the lienholder.
§ 904. Insurable interest. 1. Notwithstanding any other provision of
law to the contrary, a peer-to-peer car sharing program ADMINISTRATOR
shall have an insurable interest in a shared vehicle during the peer-to-
peer car sharing period.
2. Nothing in this section shall create an obligation for a peer-to-
peer car sharing program ADMINISTRATOR to provide insurance beyond the
requirement to ensure financial security pursuant to the provisions of
subdivision two of section nine hundred [two] ONE of this article.
§ 905. Disclosures. 1. Each peer-to-peer car sharing program agreement
made in [the] THIS state shall disclose and separately state or itemize
to the shared vehicle owner and the shared vehicle driver:
(a) 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
(b) an emergency telephone number to contact personnel capable of
providing roadside assistance and handling other customer service
inquiries.
2. No peer-to-peer car sharing program ADMINISTRATOR shall accept a
reservation unless the shared vehicle driver has received a final quoted
rate that includes all charges which the shared vehicle driver shall pay
to obtain access to the vehicle, provided, however, that a peer-to-peer
car sharing program ADMINISTRATOR may separately state itemized optional
items and/or services or any mileage below the final quoted rate in the
same font and on the same page or webpage on which the rate quote is
provided.
§ 906. Driver's license verification; data retention. 1. A peer-to-
peer car sharing program ADMINISTRATOR 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.
A. 8828 18
2. A peer-to-peer car sharing program ADMINISTRATOR 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.
§ 907. Data privacy protections. Notwithstanding any other provision
of the law to the contrary, all trip data, personal information, images,
videos, and other recorded images collected by any peer-to-peer car
sharing program [which] ADMINISTRATOR THAT is authorized to operate
pursuant to this article shall be for the exclusive use of such peer-to-
peer car sharing program and shall not be sold, distributed, or other-
wise made accessible except:
1. to the person who is the subject of such data information or
record, or to enable or facilitate such person's use of the car sharing
program in accordance with the peer-to-peer car sharing agreement;
2. to respond to, process, facilitate, adjust, or defend an insurance
claim; or
3. if necessary to comply with a lawful court order, judicial warrant
signed by a judge appointed pursuant to article three of the United
States Constitution, or subpoena for individual data, information or
records properly issued pursuant to the criminal procedure law or the
civil practice law and rules.
Provided, however, that nothing contained in this paragraph shall be
deemed to preclude the exchange of anonymized trip data, information, or
recorded images solely for the purpose of administering such authorized
[shared] CAR SHARING program, and provided further that aggregated
anonymized trip data may be shared with [the] THIS state or any of its
political subdivisions for non-commercial transportation research or
traffic management purposes. Any such exchanges or sharing shall exclude
personal information, images, videos, and other recorded images
collected by any peer-to-peer car sharing program ADMINISTRATOR. For
the purposes of this section, "personal information" shall mean informa-
tion that identifies an individual, including but not limited to name,
address, telephone number, and the type and form of payment including
credit card number, debit card number, or other payment method.
§ 908. Responsibility for equipment. A peer-to-peer car sharing
program ADMINISTRATOR 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 SHARED 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. There shall be a rebuttable presumption that
damage claimed during the peer-to-peer car sharing period was not caused
by the shared vehicle owner. The peer-to-peer car sharing program
ADMINISTRATOR 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] IN a peer-to-peer car sharing program,
and prior to the time when the shared vehicle owner makes a shared vehi-
cle available for car sharing [on] IN the peer-to-peer car sharing
A. 8828 19
program, and no less than annually thereafter, the peer-to-peer car
sharing program ADMINISTRATOR 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 shall not permit a shared vehicle to be
shared in a peer-to-peer car sharing program unless the vehicle recall
repair has 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] IN 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 ADMINISTRATOR about the safety recall as
soon as practicable, and in no case longer than forty-eight hours after
receipt of such notice, so that the shared vehicle driver can be noti-
fied 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 ADMINISTRATOR shall not
permit a vehicle 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 within the preceding
twelve months.
§ 912. Discrimination in peer-to-peer car sharing prohibited. 1. No
corporation, partnership, firm, institution, sole proprietorship or
other entity or person engaged in the business of peer-to-peer car shar-
ing shall refuse to make a shared vehicle available to any person other-
wise qualified because of race, color, ethnic origin, religion, disabil-
ity, 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 ADMINISTRATOR 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, residence or geographic
location, income, sexual orientation, genetic predisposition or sex or
membership in an otherwise protected class pursuant to state or federal
law, the attorney general may apply, in the name of the people of the
A. 8828 20
state of New York, to the supreme court of the state of New York, on
five days' notice, for an order enjoining the continuance of such busi-
ness 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 ADMINISTRATOR.
(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.
(f) (i) A peer-to-peer car sharing program ADMINISTRATOR shall imple-
ment a zero-tolerance policy regarding a shared vehicle driver's or
shared vehicle owner's activities while accessing the peer-to-peer car
sharing program's digital network.
(ii) A peer-to-peer car sharing program shall adopt a policy of non-
discrimination on the basis of residence or geographic location, race,
color, national origin, religious belief, practice or affiliation, sex,
disability, age, sexual orientation, or genetic predisposition with
respect to shared vehicle owners and shared vehicle drivers, and notify
peer-to-peer car sharing program shared vehicle owners and shared vehi-
cle drivers [or] OF such policy.
(iii) Peer-to-peer car sharing program shared vehicle owners and
shared vehicle drivers shall comply with all applicable laws regarding
non-discrimination against shared vehicle drivers or potential shared
vehicle drivers on the basis of destination, race, color, national
origin, religious belief, practice or affiliation, sex, disability, age,
sexual orientation, or genetic predisposition with respect to shared
vehicle owners and shared vehicle drivers and notify shared vehicle
drivers and shared vehicle owners of such policy.
(iv) Peer-to-peer car sharing [programs] PROGRAM ADMINISTRATORS shall
inform shared vehicle owners of their obligation to comply with all
applicable laws relating to accommodation of service animals.
(v) A peer-to-peer car sharing program ADMINISTRATOR shall implement
and maintain a policy and an oversight process of providing accessibil-
ity to shared vehicle drivers with a disability and accommodation of
service animals as such term is defined in section one hundred twenty-
three-b of the agriculture and markets law. A peer-to-peer car sharing
program ADMINISTRATOR shall not impose additional charges for providing
services to persons with physical disabilities because of those disabil-
ities.
(vi) The New York state division of human rights shall be authorized
to accept, review and investigate any potential or actual violations
with respect to compliance with nondiscrimination laws and accessibility
laws in a form and manner consistent with authority under article
fifteen of the executive law [and shall notify the department of finan-
A. 8828 21
cial services, upon a finding of a violation by a peer-to-peer car shar-
ing program, for purposes of suspending a peer-to-peer car sharing
program's ability to operate in the state].
§ 913. Optional vehicle protection; requirements. 1. (a) (i) A peer-
to-peer car sharing program ADMINISTRATOR 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 ADMINISTRA-
TOR shall represent the [program's] ADMINISTRATOR'S good-faith estimate
of a daily charge, as calculated by the [program] ADMINISTRATOR, to
recover the actual, total annual expenses, incurred by the [program]
ADMINISTRATOR, together with a commercially reasonable allowance for the
contractual risks assumed by the [program] ADMINISTRATOR, for the
[program's] ADMINISTRATOR'S agreement with shared vehicle drivers to
contractually assume liability for all or part of any damage or loss to
the shared vehicle during the [care] CAR sharing period;
(B) if the total amount of optional vehicle protection fees collected
by a peer-to-peer car sharing program ADMINISTRATOR under this section
in any calendar year exceeds the [program's] ADMINISTRATOR'S actual
costs, the [program] ADMINISTRATOR 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 ADMINISTRATOR from making adjustment to the optional vehicle
protection fee during the calendar year.
(b) A peer-to-peer car sharing program ADMINISTRATOR shall not sell
optional vehicle protection unless the shared vehicle driver or shared
vehicle owner 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 ADMINISTRATOR shall not void
optional vehicle protection contractually assumed from the shared vehi-
cle owner 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 SHARED VEHICLE driver;
(ii) the damage or loss arises out of the SHARED VEHICLE driver's USE
OR operation of the SHARED vehicle while intoxicated or unlawfully
impaired by the use of alcohol or drugs;
(iii) the peer-to-peer car sharing program ADMINISTRATOR 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 OR OPERATION of the
SHARED vehicle while engaged in the commission of a crime other than a
traffic infraction;
(v) the damage or loss arises out of the use OR OPERATION of the
shared vehicle to carry persons or property for hire, as a transporta-
tion network company or TNC vehicle as defined in article forty-four-B
of the vehicle and traffic law, to push or tow anything, while engaged
in a speed contest, operating off-road, or for driver's training;
(vi) the damage or loss arises out of the use OR OPERATION of the
shared vehicle by a person other than: (1) the shared vehicle driver;
(2) the shared vehicle driver's spouse, child over the age of eighteen
or a parent or parent-in-law of the shared vehicle driver, provided such
spouse, 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 compen-
sation and in the normal course of employment; (4) ANY PERSON WHO USES
A. 8828 22
OR OPERATES THE MOTOR VEHICLE THROUGH A PROGRAM DURING AN EMERGENCY
SITUATION TO A MEDICAL FACILITY; OR (5) ANY PERSON LICENSED TO DRIVE WHO
EXPRESSLY IS AUTHORIZED TO USE OR OPERATE THE MOTOR VEHICLE BY BOTH THE
SHARED VEHICLE OWNER AND THE PEER-TO-PEER CAR SHARING AGREEMENT;
(vii) the damage or loss arises out of the use OR OPERATION of the
shared vehicle outside of the United States when that use OR OPERATION
is not specifically authorized by the peer-to-peer car sharing agree-
ment; or
(viii) the shared vehicle driver or his or her spouse, child over the
age of eighteen or a parent or parent-in-law of the shared vehicle driv-
er have failed to comply with the requirements for reporting damage or
loss as set forth in subdivision [five] FOUR of this section;
(ix) the shared vehicle owner knowingly provided erroneous or inaccu-
rate information to the peer-to-peer car sharing program ADMINISTRATOR
in connection with any reservation for which the shared vehicle owner
has agreed that the peer-to-peer car sharing program will contractually
assume the risk of loss for physical damage to the shared vehicle;
(x) the shared vehicle owner fails to submit a claim for physical
damage in accordance with the terms and conditions of the peer-to-peer
car sharing program agreement; or
(xi) where the shared vehicle owner fails to make the shared vehicle
available for inspection when a shared vehicle driver or the shared
vehicle driver's insurer requests to inspect the shared vehicle in
accordance with this article.
(d) A shared vehicle driver may void optional vehicle protection prior
to the beginning of the car sharing period within twenty-four hours of
purchase provided that the [customer] SHARED VEHICLE DRIVER: (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 SHARED vehicle that shall be subject to inspection;
and (iii) signs a cancellation form provided by the peer-to-peer car
sharing program ADMINISTRATOR.
(e) After twenty-four hours of purchase, a [customer] SHARED VEHICLE
DRIVER may prospectively terminate optional vehicle protection prior to
the beginning of the car sharing period, provided the [customer] SHARED
VEHICLE DRIVER: (i) appears in person before the shared vehicle owner
together with the SHARED 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 ADMINISTRATOR may hold
a shared vehicle 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] ADMINISTRATOR THAT
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,
A. 8828 23
that the purchase of such protection is optional, if such rate can be
ascertained at the time of purchase and that prospective shared vehicle
drivers should examine their credit card protections and [automobile]
MOTOR VEHICLE 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 ADMINISTRA-
TOR or the video presentation of a television or internet advertisement
by such peer-to-peer car sharing program ADMINISTRATOR 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]
ADMINISTRATOR THAT involves an interaction with a representative of a
peer-to-peer car sharing program ADMINISTRATOR, the representative of
such peer-to-peer car sharing program ADMINISTRATOR shall, in response
to the inquiry, advise that additional optional products that may be
offered by such peer-to-peer car sharing program ADMINISTRATOR 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] MOTOR VEHICLE insurance or credit card may provide cover-
age.
(f) Any peer-to-peer car sharing program ADMINISTRATOR that offers
optional vehicle protection to a shared vehicle driver shall disclose to
such [person] DRIVER 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
optional and may be declined. Before deciding whether to purchase OVP,
you may wish to determine whether your credit card, or the MOTOR 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 THE USE OR operation of the shared vehicle while intoxicated
or unlawfully impaired by the use of alcohol or drugs;
2. The peer-to-peer car sharing program ADMINISTRATOR 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 OR OPERATION of the shared
vehicle:
A. 8828 24
(a) while engaged in the commission of a crime, other than a traffic
infraction;
(b) to carry persons or property for hire, as a transportation network
company or TNC vehicle as defined in article forty-four-B of the vehicle
and traffic law, 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 spouse, child over the age of eighteen or a
parent or parent-in-law of the shared vehicle driver, provided such
spouse, 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 compen-
sation and in the normal course of employment; (4) ANY PERSON WHO USES
OR OPERATES THE MOTOR VEHICLE THROUGH A PROGRAM DURING AN EMERGENCY
SITUATION TO A MEDICAL FACILITY; OR (5) ANY PERSON LICENSED TO DRIVE WHO
EXPRESSLY IS AUTHORIZED TO USE OR OPERATE THE MOTOR VEHICLE BY BOTH THE
SHARED VEHICLE OWNER AND THE PEER-TO-PEER CAR SHARING AGREEMENT;
(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 spouse, 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 ADMINISTRATOR. OVP - RIGHT TO INSPECT VEHI-
CLE 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 VEHI-
CLE: 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 ADMINISTRATOR
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] MOTOR VEHICLE 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 MOTOR 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
A. 8828 25
subdivision one of this section. Upon identification by the shared vehi-
cle owner or the peer-to-peer car sharing program ADMINISTRATOR of
damage to the shared vehicle, such peer-to-peer car sharing program
ADMINISTRATOR 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 ADMINISTRATOR at the time of return of
the shared vehicle, termination of the peer-to-peer car sharing agree-
ment, or within 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 ADMINISTRATOR, the peer-to-peer car sharing program
ADMINISTRATOR shall furnish an incident report form and a notice, pursu-
ant to this subdivision, of the obligation of the shared vehicle driver
to execute and return to the peer-to-peer car sharing program ADMINIS-
TRATOR 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 ADMINISTRATOR, such incident report
form and notice shall be mailed by overnight delivery service or certi-
fied mail, return receipt requested, and another copy of such notifica-
tion shall be sent by regular mail. The peer-to-peer car sharing program
ADMINISTRATOR 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 ADMINIS-
TRATOR 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 ADMINISTRATOR 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 mail-
ing 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 ADMINISTRATOR 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 ADMIN-
ISTRATOR pursuant to paragraph (a) of this subdivision to inspect the
damaged vehicle, which shall be made available by the shared vehicle
owner. Within the limits provided in this paragraph, the peer-to-peer
A. 8828 26
car sharing program ADMINISTRATOR 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 esti-
mates.
(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 ADMINISTRATOR that he or she wishes to inspect the
damaged vehicle. 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 ADMINISTRATOR 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 ADMINISTRATOR 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 PROGRAM ADMINISTRATOR.
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 ADMINISTRATOR, 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 ADMINISTRATOR in order to adjust any claim of loss, same shall
be requested of the shared vehicle driver as soon as reasonably practi-
cable, 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 ADMINISTRATOR.
(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] PROGRAM ADMINISTRATOR'S website,
and the shared vehicle driver shall be advised of the availability of
A. 8828 27
such web-based fill-in form when a request for incident information is
made pursuant to this subdivision.
(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 ADMINISTRATOR 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
ADMINISTRATOR 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 ADMINISTRATOR may hold a
shared vehicle driver liable to the extent permitted under this [chap-
ter] SECTION for physical or mechanical damage to the shared vehicle
that occurs during the time the shared vehicle is USED OR OPERATED 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 OR
OPERATION of the vehicle. For the purposes of this subdivision, 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 ADMINISTRATOR 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 ADMINISTRATOR incurred to repair the motor vehicle or that the
peer-to-peer car sharing program ADMINISTRATOR 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 shar-
ing program ADMINISTRATOR; 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 ADMIN-
ISTRATOR 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 driv-
er committed, or aided or abetted in the commission of, the theft of
such shared vehicle.
A. 8828 28
(d) Damages incurred for the loss of use OR OPERATION of a shared
vehicle and related administrative fees shall not be recovered from any
shared vehicle driver or his or her insurer.
(e) A peer-to-peer car sharing program ADMINISTRATOR shall not hold a
shared vehicle driver liable for any amounts that the peer-to-peer car
sharing program ADMINISTRATOR recovers from any other party.
(f) A peer-to-peer car sharing program ADMINISTRATOR shall not collect
or attempt to collect the amount described in paragraph (b) of this
subdivision unless the peer-to-peer car sharing program ADMINISTRATOR:
(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 DAMAGE OR loss incurred. A peer-to-peer car sharing program
ADMINISTRATOR shall mitigate 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 SHARED VEHICLE driver [of a shared vehicle], such driver may
require that the peer-to-peer car sharing program ADMINISTRATOR submit
any claims to such driver's insurance carrier. Upon the request of a
shared vehicle driver, the peer-to-peer car sharing program ADMINISTRA-
TOR shall submit any claims to such driver's insurance carrier and shall
not make any written or oral representations to the contrary, nor shall
it make any written or oral representations that it shall not negotiate
with such driver's insurance carrier.
6. (a) No peer-to-peer car sharing program ADMINISTRATOR shall collect
or charge any security deposit by credit card, debit card or otherwise,
for damages to a shared vehicle 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 shar-
ing program agreement, pending resolution of any dispute, or prior to
obtaining judgment in a court of competent jurisdiction.
(b) No peer-to-peer car sharing program ADMINISTRATOR 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 ADMINISTRATOR 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 there-
for is agreed to between such peer-to-peer car sharing program ADMINIS-
TRATOR and a shared vehicle driver or his or her insurer, or is deter-
mined pursuant to law or peer-to-peer car sharing program agreement
provisions consistent with law and the rights and obligations set forth
in this section, unless there is proof corroborating that the damage did
not exist prior to the reservation and the damage is appraised by an
independent third-party appraiser; provided, however, that a peer-to-
peer car sharing program ADMINISTRATOR is not precluded from presenting
A. 8828 29
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 ADMINISTRATOR in a court
of competent jurisdiction, in accordance with the limitations and juris-
diction 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 ADMINISTRATOR pursuant to this paragraph shall contain:
(i) the name and post office address of such peer-to-peer car sharing
program ADMINISTRATOR, 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 ADMINISTRATOR; and (iv) the items of damage or
injuries claimed to have been sustained, accompanied by supporting
documentation, such as repair bills, invoices and estimates in the
possession of or available to such peer-to-peer car sharing program
ADMINISTRATOR. Such demand letter shall be served upon such shared vehi-
cle 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 ADMINISTRATOR 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 arbitration or mediation.
7. No peer-to-peer car sharing program ADMINISTRATOR 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 shar-
ing 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 para-
graph (f) of subdivision three of this section.
8. A shared vehicle driver shall provide notice to the peer-to-peer
car sharing [platform] PROGRAM ADMINISTRATOR and appropriate law
enforcement agency immediately upon learning of the theft of a shared
vehicle.
§ 914. Geographical discrimination prohibited. It shall be unlawful
for any peer-to-peer car sharing program ADMINISTRATOR to engage in any
of the following 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 PEER-TO-PEER car sharing program
ADMINISTRATOR 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.
§ 915. Global positioning systems. A peer-to-peer car sharing program
ADMINISTRATOR 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 ADMINISTRATOR to impose
A. 8828 30
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.
§ 916. 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]
PROGRAM ADMINISTRATORS based upon race, color, ethnic origin, religion,
disability, sex, marital status, residence or geographic location,
income, sexual orientation, genetic predisposition 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 ADMINISTRATOR to
refuse to allow participation in the program to any person solely on the
requirement of ownership of a credit card."
§ 917. Electronic notice authorized. 1. Notwithstanding any other
provision of this article, AND THE PEER-TO-PEER CAR SHARING ACT, INCLUD-
ING, WITHOUT LIMITATION, SECTIONS TWO THOUSAND THREE HUNDRED FIVE, THREE
THOUSAND FOUR HUNDRED FIFTY-NINE, THREE THOUSAND FOUR HUNDRED SIXTY, AND
FIVE THOUSAND ONE HUNDRED SIX OF THE INSURANCE LAW, any notice, STATE-
MENT, CERTIFICATE, or disclosure of general applicability required to be
provided, delivered, posted, or otherwise made available by a peer-to-
peer car sharing program ADMINISTRATOR pursuant to any provision of this
article, AND THE PEER-TO-PEER CAR SHARING ACT, INCLUDING, WITHOUT LIMI-
TATION, SECTIONS TWO THOUSAND THREE HUNDRED FIVE, THREE THOUSAND FOUR
HUNDRED FIFTY-NINE, THREE THOUSAND FOUR HUNDRED SIXTY, AND FIVE THOUSAND
ONE HUNDRED SIX OF THE INSURANCE LAW, shall also be deemed timely and
effectively made where such notice, STATEMENT, CERTIFICATE 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, STATEMENT, CERTIFICATE, or
disclosure, and acceptance shall remain effective until such time as
acceptance is affirmatively withdrawn by such shared vehicle driver.
Notices, STATEMENTS, CERTIFICATES, and disclosures made electronically
pursuant to this subdivision shall be exempt from any placement or styl-
istic 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.
§ 918. Airport transactions. If an airport operator, including but not
limited to the public authority responsible for regulating commerce at
such airport within [the] THIS state, requests that a peer-to-peer car
sharing program ADMINISTRATOR enter into an airport concession agree-
ment, such peer-to-peer car sharing program shall enter into a written
agreement, where the peer-to-peer car sharing program ADMINISTRATOR 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
A. 8828 31
4. promote or market a shared vehicle to transport airport passengers
on or off airport property.
§ 10. Article 29-D of the tax law, as added by a chapter of the laws
of 2021 amending the insurance law, the tax law and the vehicle and
traffic law relating to enacting the peer-to-peer car sharing program
act, as proposed in legislative bills number S. 6715 and A. 2349-A, is
REPEALED and a new article 28-D is added to read as follows:
ARTICLE 28-D
SPECIAL TAX ON PEER-TO-PEER CAR SHARING
SECTION 1190. DEFINITIONS.
1191. IMPOSITION OF STATE-WIDE PEER-TO-PEER TAX.
1192. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT TAX.
1193. IMPOSITION OF REGIONAL TRANSPORTATION TAX.
1194. COLLECTION OF TAX.
1195. PRESUMPTION.
1196. ADMINISTRATIVE PROVISIONS.
1197. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1190. 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 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "GROSS RECEIPTS PAID BY THE SHARED VEHICLE DRIVER" MEANS ALL
CONSIDERATION PAID OR CONTRACTED TO BE PAID BY A SHARED VEHICLE DRIVER
FOR USE OF A SHARED VEHICLE, INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT
FOR SEPARATELY STATED CHARGES FOR TAXES AND GOVERNMENT-IMPOSED FEES AND
AIRPORT FACILITY FEES, IMPOSED ON THE SHARED VEHICLE DRIVER.
(B) "PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR" SHALL MEAN THE
CORPORATION, PARTNERSHIP, FIRM, 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 A PEER-TO-PEER CAR SHARING PROGRAM FOR FINANCIAL
CONSIDERATION.
§ 1191. IMPOSITION OF STATE-WIDE PEER-TO-PEER TAX. (A) IN ADDITION TO
ANY TAX IMPOSED UNDER ANY OTHER ARTICLE OF THIS CHAPTER, THERE IS HEREBY
IMPOSED ON EVERY SHARED VEHICLE DRIVER AND THERE SHALL BE PAID A TAX OF
THREE PERCENT OF THE GROSS RECEIPTS PAID BY THE SHARED VEHICLE DRIVER
FOR USE OF A SHARED VEHICLE WHEN THE TRANSFER OF POSSESSION OF THE
SHARED VEHICLE TO THE SHARED VEHICLE DRIVER OCCURS IN THIS STATE.
(B) EXCEPT TO THE EXTENT THAT THE TRANSFER OF A SHARED VEHICLE
DESCRIBED IN SUBDIVISION (A) OF THIS SECTION HAS ALREADY BEEN OR WILL BE
SUBJECT TO THE TAX IMPOSED UNDER SUCH SUBDIVISION AND EXCEPT AS OTHER-
WISE EXEMPTED UNDER THIS ARTICLE, THERE IS HEREBY IMPOSED ON EVERY
SHARED VEHICLE DRIVER AND THERE SHALL BE PAID A USE TAX FOR THE USE
WITHIN THIS STATE OF ANY SHARED VEHICLE BY THE SHARED VEHICLE DRIVER.
FOR PURPOSES OF THIS SUBDIVISION, THE TAX SHALL BE AT THE RATE OF THREE
PERCENT OF THE GROSS RECEIPTS PAID OR CONTRACTED TO BE PAID FOR SUCH
SHARED VEHICLE.
§ 1192. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION DISTRICT
TAX. (A) IN ADDITION TO THE STATEWIDE TAX IMPOSED UNDER SECTION ELEVEN
HUNDRED NINETY-ONE OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED
UNDER ANY OTHER ARTICLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON
EVERY SHARED VEHICLE DRIVER AND THERE SHALL BE PAID A METROPOLITAN
COMMUTER TRANSPORTATION DISTRICT TAX OF THREE PERCENT OF THE GROSS
RECEIPTS PAID BY THE SHARED VEHICLE DRIVER FOR THE USE OF A SHARED VEHI-
CLE WHEN THE TRANSFER OF POSSESSION OF THE SHARED VEHICLE TO THE SHARED
A. 8828 32
VEHICLE DRIVER OCCURS IN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE
PUBLIC AUTHORITIES LAW.
(B) EXCEPT TO THE EXTENT THAT THE TRANSFER OF A SHARED VEHICLE
DESCRIBED IN SUBDIVISION (A) OF THIS SECTION, OR SECTION ELEVEN HUNDRED
NINETY-THREE 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 SHARED
VEHICLE DRIVER AND THERE SHALL BE PAID A USE TAX FOR THE USE WITHIN THE
METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW OF ANY SHARED
VEHICLE BY THE SHARED VEHICLE DRIVER. FOR PURPOSES OF THIS SUBDIVISION,
THE TAX SHALL BE AT THE RATE OF THREE PERCENT OF THE GROSS RECEIPTS PAID
OR CONTRACTED TO BE PAID FOR SUCH SHARED VEHICLE.
§ 1193. IMPOSITION OF REGIONAL TRANSPORTATION TAX. (A) IN ADDITION TO
THE STATEWIDE TAX IMPOSED UNDER SECTION ELEVEN HUNDRED NINETY-ONE OF
THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTICLE
OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON EVERY SHARED VEHICLE DRIVER
AND THERE SHALL BE PAID A REGIONAL TRANSPORTATION TAX OF THREE PERCENT
OF THE GROSS RECEIPTS PAID BY THE SHARED VEHICLE DRIVER FOR THE USE OF A
SHARED VEHICLE WHEN THE TRANSFER OF POSSESSION OF THE SHARED VEHICLE TO
THE SHARED VEHICLE DRIVER OCCURS ANYWHERE IN THIS STATE OUTSIDE OF THE
METROPOLITAN TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
(B) EXCEPT TO THE EXTENT THAT THE TRANSFER OF A SHARED VEHICLE
DESCRIBED IN SUBDIVISION (A) OF THIS SECTION, OR SECTION ELEVEN HUNDRED
NINETY-TWO 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 SHARED
VEHICLE DRIVER AND THERE SHALL BE PAID A USE TAX FOR THE USE IN THE
STATE OUTSIDE THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS
ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORI-
TIES LAW OF ANY SHARED VEHICLE BY THE SHARED VEHICLE DRIVER. FOR
PURPOSES OF THIS SUBDIVISION, THE TAX SHALL BE AT THE RATE OF THREE
PERCENT OF THE GROSS RECEIPTS PAID OR CONTRACTED TO BE PAID FOR SUCH
SHARED VEHICLE.
§ 1194. COLLECTION OF TAX. THE PEER-TO-PEER CAR SHARING PROGRAM ADMIN-
ISTRATOR SHALL COLLECT THE TAX FROM THE SHARED VEHICLE DRIVER WHEN
COLLECTING THE GROSS RECEIPTS TO WHICH IT APPLIES. THE TAX SHALL BE PAID
TO THE PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR AS TRUSTEE FOR AND
ON ACCOUNT OF THE STATE.
§ 1195. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
THIS ARTICLE AND TO PREVENT EVASION OF THE TAX IMPOSED BY THIS ARTICLE,
IT SHALL BE PRESUMED THAT EVERY TRANSFER OF POSSESSION OF A SHARED VEHI-
CLE TO A SHARED VEHICLE DRIVER ANYWHERE IN THIS STATE IS SUBJECT TO THE
TAX UNDER THIS ARTICLE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE CONTRA-
RY IS ESTABLISHED.
§ 1196. ADMINISTRATIVE PROVISIONS. (A) EXCEPT AS OTHERWISE PROVIDED
FOR IN THIS ARTICLE, THE TAXES IMPOSED BY THIS ARTICLE SHALL BE ADMINIS-
TERED AND COLLECTED IN A LIKE MANNER AS AND JOINTLY WITH THE TAXES
IMPOSED BY SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN OF THIS
CHAPTER. IN ADDITION, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, ALL
OF THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THIS CHAPTER (EXCEPT
SECTIONS ELEVEN HUNDRED SEVEN, ELEVEN HUNDRED EIGHT, ELEVEN HUNDRED
NINE, AND ELEVEN HUNDRED FORTY-EIGHT) RELATING TO OR APPLICABLE TO THE
ADMINISTRATION, COLLECTION AND REVIEW OF THE TAXES IMPOSED BY SUCH
A. 8828 33
SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN, INCLUDING, BUT NOT
LIMITED TO, THE PROVISIONS RELATING TO DEFINITIONS, RETURNS, EXEMPTIONS,
PENALTIES, TAX SECRECY, PERSONAL LIABILITY FOR THE TAX, AND COLLECTION
OF TAX FROM THE CUSTOMER, SHALL APPLY TO THE TAXES IMPOSED BY THIS ARTI-
CLE SO FAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO THE TAXES
IMPOSED BY THIS ARTICLE WITH SUCH LIMITATIONS AS SET FORTH IN THIS ARTI-
CLE AND SUCH MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT SUCH
LANGUAGE TO THE TAXES SO IMPOSED. SUCH PROVISIONS SHALL APPLY WITH THE
SAME FORCE AND EFFECT AS IF THE LANGUAGE OF THOSE PROVISIONS HAD BEEN
SET FORTH IN FULL IN THIS ARTICLE EXCEPT TO THE EXTENT THAT ANY
PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS
NOT RELEVANT TO THE TAXES IMPOSED BY THIS ARTICLE.
(B) THE TAX IMPOSED BY THIS ARTICLE IS IN LIEU OF AND REPLACES ANY TAX
AS MAY BE IMPOSED UNDER SECTIONS ELEVEN HUNDRED SIXTY, ELEVEN HUNDRED
SIXTY-SIX-A, AND ELEVEN HUNDRED SIXTY-SIX-B OF THIS CHAPTER.
§ 1197. DEPOSIT AND DISPOSITION OF REVENUE. (A) ALL TAXES, FEES,
INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
SECTION ELEVEN HUNDRED NINETY-ONE OF THIS ARTICLE SHALL BE DEPOSITED AND
DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVENTY-
ONE-A OF THIS CHAPTER.
(B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE
SHALL BE DEPOSITED AND DISPOSED INTO THE CORPORATE TRANSPORTATION
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 SUBDIVI-
SION FOUR OF SUCH SECTION.
(C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTI-
CLE SHALL BE DEPOSITED AND DISPOSED INTO THE PUBLIC TRANSPORTATION
SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-
EIGHT-A OF THE STATE FINANCE LAW.
§ 11. Subdivision 1 of section 171-a of the tax law, as amended by a
chapter of the laws of 2021 amending the insurance law, the general
business law, the tax law and the vehicle and traffic law relating to
enacting the peer-to-peer car sharing program act, as proposed in legis-
lative bills numbers S. 6715 and A. 2349-A, 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-C, twenty-D, twenty-one, twenty-two, twenty-four,
twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in
section eleven hundred two or eleven hundred three thereof),
twenty-eight-A, TWENTY-EIGHT-D (EXCEPT AS OTHERWISE PROVIDED IN SECTION
ELEVEN HUNDRED NINETY-SEVEN, 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
A. 8828 34
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 arti-
cles 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 seventy-one-e of this arti-
cle, (iii) and except further that, notwithstanding any law, the comp-
troller shall credit to the revenue arrearage account, pursuant to
section ninety-one-a of the state finance law, that amount of overpay-
ment of tax imposed by article nine, nine-A, twenty-two, thirty, thir-
ty-A, thirty-B or thirty-three of this chapter, and any interest there-
on, 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
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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.
§ 12. Subdivision (c) of section 1160 of the tax law, as added by a
chapter of the laws of 2021 amending the insurance law, the general
business law, the tax law and the vehicle and traffic law relating to
enacting the peer-to-peer car sharing program act, as proposed in legis-
lative bills numbers S. 6715 and A. 2349-A, is amended to read as
follows:
(c) The provisions of this section shall not apply to [a] peer-to-peer
car sharing [program] as defined in section nine hundred of the general
business law and which is subject to the [assessment fees] TAXES set
forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
§ 13. Subdivision (c) of section 1166-a of the tax law, as added by a
chapter of the laws of 2021 amending the insurance law, the general
business law, the tax law and the vehicle and traffic law relating to
enacting the peer-to-peer car sharing program act, as proposed in legis-
lative bills numbers S. 6715 and A. 2349-A, is amended to read as
follows:
(c) The provisions of this section shall not apply to [a] peer-to-peer
car sharing [program] as defined in section nine hundred of the general
business law and which is subject to the [assessment fees] TAXES set
forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
§ 14. Subdivision (c) of section 1166-b of the tax law, as added by a
chapter of the laws of 2021 amending the insurance law, the general
business law, the tax law and the vehicle and traffic law relating to
enacting the peer-to-peer car sharing program act, as proposed in legis-
lative bills numbers S. 6715 and A. 2349-A, is amended to read as
follows:
(c) The provisions of this section shall not apply to [a] peer-to-peer
car sharing [program] as defined in section nine hundred of the general
business law and which is subject to the [assessment fees] TAXES set
forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
§ 15. Section 14 of a chapter of the laws of 2021 amending the insur-
ance law, the general business law, the tax law and the vehicle and
traffic law relating to enacting the peer-to-peer car sharing program
act, as proposed in legislative bills numbers S. 6715 and A. 2349-A, is
amended to read as follows:
§ 14. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
IETH day after it shall have become a law; PROVIDED, HOWEVER, THAT
SECTIONS FOUR, FIVE, SIX, SEVEN, EIGHT AND NINE OF THIS ACT SHALL TAKE
EFFECT ON THE FIRST DAY OF THE SALES TAX QUARTER NEXT SUCCEEDING THE ONE
A. 8828 36
HUNDRED EIGHTIETH DAY AFTER THIS ACT SHALL HAVE BECOME A LAW. EFFECTIVE
IMMEDIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGU-
LATION NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE
DATE ARE AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE
DATE.
§ 16. This act shall take effect immediately, provided, however,
sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen and fourteen of this act shall take effect on
the same date and in the same manner as a chapter of the laws of 2021
amending the insurance law, the general business law, the tax law and
the vehicle and traffic law relating to enacting the peer-to-peer car
sharing program act, as proposed in legislative bills numbers S. 6715
and A. 2349-A, takes effect.