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This entry was published on 2022-06-24
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SECTION 909
Safety recalls
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 909. Safety recalls. 1. At the time when a shared vehicle owner
registers a shared vehicle in a peer-to-peer car sharing program, and
prior to the time when the shared vehicle owner makes a shared vehicle
available for car sharing in the peer-to-peer car sharing 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
subdivision 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 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
notified and the shared vehicle can be removed from the peer-to-peer car
sharing program until the necessary safety recall repair has been made.

(d) A shared vehicle owner shall not enroll a vehicle in a
peer-to-peer car sharing program unless such vehicle has been issued a
valid safety inspection in compliance with article five of the vehicle
and traffic law. A peer-to-peer car sharing program 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.