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| 1 | + | Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1263Introduced by Assembly Member LowFebruary 21, 2019 An act relating to vehicles. to add Chapter 1.6 (commencing with Section 1939.60) to Title 5 of Part 4 of Division 3 of the Civil Code, to add Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of, and to repeal Section 11580.24 of, the Insurance Code, and to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to business regulation.LEGISLATIVE COUNSEL'S DIGESTAB 1263, as amended, Low. Personal vehicle sharing programs. Peer-to-peer car sharing.Existing law defines a personal vehicle sharing program as a legal entity qualified to do business in the state that is engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.This bill would declare the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs.This bill would rename personal vehicle sharing program to peer-to-peer car sharing program and would require specified disclosures to be made in a peer-to-peer car sharing contract. This bill would authorize a peer-to-peer car sharing program to only enter into a contract with a licensed driver, as specified. The bill would make a peer-to-peer car sharing program responsible for any equipment that is to be installed in a vehicle to facilitate car sharing transactions. The bill would authorize airports to regulate access and use by peer-to-peer car sharing vehicles. The bill would also require peer-to-peer car sharing programs and participants to be insured, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 1.6 (commencing with Section 1939.60) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 1.6. Peer-to-Peer Car Sharing Programs1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act.1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance.1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle.1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle.1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program.SEC. 2. Section 11580.24 of the Insurance Code is repealed.11580.24.(a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply:(1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program.(2)The annual revenue received by the vehicles owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program.(3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing.(b)For purposes of this section the following definitions apply:(1)Personal vehicle sharing means the use of private passenger motor vehicles by persons other than the vehicles owner, in connection with a personal vehicle sharing program.(2)Personal vehicle sharing program means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.(3)Private passenger motor vehicle means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels.(c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:(1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code.(2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a personal vehicle sharing program.(3)Collect, maintain, and make available to the vehicles owner, the vehicle owners primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicles owner pursuant to a personal vehicle sharing program.(4)Provide the vehicles owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section.(5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing.(6)Use only private passenger vehicles.(7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment.(d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owners automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program.(e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur:(1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program.(2)The earliest of one of the following occurs:(A)The expiration of the time period established for the particular use of the vehicle.(B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program.(C)The vehicles owner takes possession and control of the vehicle.(f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicles private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicles owner was in control of the vehicle at the time of the loss.(g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicles owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicles owner, subject to the provisions of subdivisions (d) and (f).(h)Notwithstanding any other provision of law or any provision in a vehicle owners automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply:(1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy.(2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.(i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section.SEC. 3. Article 5.1 (commencing with Section 11629.6) is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, to read: Article 5.1. Peer-to-Peer Car Sharing Programs11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply.11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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.11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program.11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law.11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy.11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program.SEC. 4. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.SEC. 5. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company.SEC. 6. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program.SECTION 1.It is the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs. | |
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| 3 | + | Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1263Introduced by Assembly Member LowFebruary 21, 2019 An act relating to vehicles. to add Chapter 1.6 (commencing with Section 1939.60) to Title 5 of Part 4 of Division 3 of the Civil Code, to add Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of, and to repeal Section 11580.24 of, the Insurance Code, and to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to business regulation.LEGISLATIVE COUNSEL'S DIGESTAB 1263, as amended, Low. Personal vehicle sharing programs. Peer-to-peer car sharing.Existing law defines a personal vehicle sharing program as a legal entity qualified to do business in the state that is engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.This bill would declare the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs.This bill would rename personal vehicle sharing program to peer-to-peer car sharing program and would require specified disclosures to be made in a peer-to-peer car sharing contract. This bill would authorize a peer-to-peer car sharing program to only enter into a contract with a licensed driver, as specified. The bill would make a peer-to-peer car sharing program responsible for any equipment that is to be installed in a vehicle to facilitate car sharing transactions. The bill would authorize airports to regulate access and use by peer-to-peer car sharing vehicles. The bill would also require peer-to-peer car sharing programs and participants to be insured, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | + | Amended IN Assembly April 01, 2019 | |
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| 7 | - | Amended IN Assembly January 06, 2020 | |
| 8 | 7 | Amended IN Assembly April 01, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | - | Assembly Bill | |
| 13 | - | ||
| 14 | - | No. 1263 | |
| 11 | + | Assembly Bill No. 1263 | |
| 15 | 12 | ||
| 16 | 13 | Introduced by Assembly Member LowFebruary 21, 2019 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member Low | |
| 19 | 16 | February 21, 2019 | |
| 20 | 17 | ||
| 21 | - | An act to add Chapter 1.6 (commencing with Section 1939.60) to Title 5 of Part 4 of Division 3 of the Civil Code, to add Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of, and to repeal Section 11580.24 of, the Insurance Code, and to amend Sections 11752, 11754, and 11760 of the Vehicle Code, | |
| 18 | + | An act relating to vehicles. to add Chapter 1.6 (commencing with Section 1939.60) to Title 5 of Part 4 of Division 3 of the Civil Code, to add Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of, and to repeal Section 11580.24 of, the Insurance Code, and to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to business regulation. | |
| 22 | 19 | ||
| 23 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 21 | ||
| 25 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 23 | ||
| 27 | - | AB 1263, as amended, Low. Peer-to-peer car sharing. | |
| 24 | + | AB 1263, as amended, Low. Personal vehicle sharing programs. Peer-to-peer car sharing. | |
| 28 | 25 | ||
| 29 | - | Existing law regulates the formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals.Existing law regulates licensees who are subject to the jurisdiction of a state licensing entity, including the State Bar of California, the Department of Real Estate, the Department of Consumer Affairs, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.This bill would prohibit a contract or proposed contract involving the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee. The bill would specify that a waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would provide that a violation of these provisions by a licensee constitutes unprofessional conduct subject to discipline by the licensees regulatory board.Existing law defines a personal vehicle sharing program as a legal entity qualified to do business in the state that is engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.This bill would rename personal vehicle sharing program to peer-to-peer car sharing program and would require specified disclosures to be made in a peer-to-peer car sharing contract. This bill would authorize a peer-to-peer car sharing program to only enter into a contract with a licensed driver, as specified. The bill would make a peer-to-peer car sharing program responsible for any equipment that is to be installed in a vehicle to facilitate car sharing transactions. The bill would authorize airports to regulate access and use by peer-to-peer car sharing vehicles. The bill would also require peer-to-peer car sharing programs and participants to be insured, as specified. | |
| 30 | - | ||
| 31 | - | Existing law regulates the formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. | |
| 32 | - | ||
| 33 | - | Existing law regulates licensees who are subject to the jurisdiction of a state licensing entity, including the State Bar of California, the Department of Real Estate, the Department of Consumer Affairs, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. | |
| 34 | - | ||
| 35 | - | This bill would prohibit a contract or proposed contract involving the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee. The bill would specify that a waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would provide that a violation of these provisions by a licensee constitutes unprofessional conduct subject to discipline by the licensees regulatory board. | |
| 26 | + | Existing law defines a personal vehicle sharing program as a legal entity qualified to do business in the state that is engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.This bill would declare the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs.This bill would rename personal vehicle sharing program to peer-to-peer car sharing program and would require specified disclosures to be made in a peer-to-peer car sharing contract. This bill would authorize a peer-to-peer car sharing program to only enter into a contract with a licensed driver, as specified. The bill would make a peer-to-peer car sharing program responsible for any equipment that is to be installed in a vehicle to facilitate car sharing transactions. The bill would authorize airports to regulate access and use by peer-to-peer car sharing vehicles. The bill would also require peer-to-peer car sharing programs and participants to be insured, as specified. | |
| 36 | 27 | ||
| 37 | 28 | Existing law defines a personal vehicle sharing program as a legal entity qualified to do business in the state that is engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state. | |
| 29 | + | ||
| 30 | + | This bill would declare the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs. | |
| 38 | 31 | ||
| 39 | 32 | ||
| 40 | 33 | ||
| 41 | 34 | This bill would rename personal vehicle sharing program to peer-to-peer car sharing program and would require specified disclosures to be made in a peer-to-peer car sharing contract. This bill would authorize a peer-to-peer car sharing program to only enter into a contract with a licensed driver, as specified. The bill would make a peer-to-peer car sharing program responsible for any equipment that is to be installed in a vehicle to facilitate car sharing transactions. The bill would authorize airports to regulate access and use by peer-to-peer car sharing vehicles. The bill would also require peer-to-peer car sharing programs and participants to be insured, as specified. | |
| 42 | 35 | ||
| 43 | - | ||
| 44 | - | ||
| 45 | 36 | ## Digest Key | |
| 46 | 37 | ||
| 47 | 38 | ## Bill Text | |
| 48 | 39 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 1.6 (commencing with Section 1939.60) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 1.6. Peer-to-Peer Car Sharing Programs1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act.1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance.1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle.1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle.1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program.SEC. 2. Section 11580.24 of the Insurance Code is repealed.11580.24.(a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply:(1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program.(2)The annual revenue received by the vehicles owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program.(3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing.(b)For purposes of this section the following definitions apply:(1)Personal vehicle sharing means the use of private passenger motor vehicles by persons other than the vehicles owner, in connection with a personal vehicle sharing program.(2)Personal vehicle sharing program means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.(3)Private passenger motor vehicle means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels.(c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:(1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code.(2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a personal vehicle sharing program.(3)Collect, maintain, and make available to the vehicles owner, the vehicle owners primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicles owner pursuant to a personal vehicle sharing program.(4)Provide the vehicles owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section.(5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing.(6)Use only private passenger vehicles.(7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment.(d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owners automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program.(e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur:(1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program.(2)The earliest of one of the following occurs:(A)The expiration of the time period established for the particular use of the vehicle.(B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program.(C)The vehicles owner takes possession and control of the vehicle.(f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicles private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicles owner was in control of the vehicle at the time of the loss.(g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicles owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicles owner, subject to the provisions of subdivisions (d) and (f).(h)Notwithstanding any other provision of law or any provision in a vehicle owners automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply:(1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy.(2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.(i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section.SEC. 3. Article 5.1 (commencing with Section 11629.6) is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, to read: Article 5.1. Peer-to-Peer Car Sharing Programs11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply.11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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.11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program.11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law.11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy.11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program.SEC. 4. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.SEC. 5. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company.SEC. 6. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program.SECTION 1.It is the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs. | |
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| 51 | 42 | The people of the State of California do enact as follows: | |
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| 53 | 44 | ## The people of the State of California do enact as follows: | |
| 54 | 45 | ||
| 55 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Chapter 1.6 (commencing with Section 1939.60) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 1.6. Peer-to-Peer Car Sharing Programs1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act.1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance.1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle.1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle.1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program. | |
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| 57 | - | SECTION 1. Section | |
| 48 | + | SECTION 1. Chapter 1.6 (commencing with Section 1939.60) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: | |
| 58 | 49 | ||
| 59 | 50 | ### SECTION 1. | |
| 60 | 51 | ||
| 61 | - | ||
| 52 | + | CHAPTER 1.6. Peer-to-Peer Car Sharing Programs1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act.1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance.1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle.1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle.1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program. | |
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| 63 | - | ||
| 54 | + | CHAPTER 1.6. Peer-to-Peer Car Sharing Programs1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act.1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance.1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle.1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle.1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program. | |
| 64 | 55 | ||
| 65 | - | 1670.8.5. (a) A contract or proposed contract involving the provision of a consumer service by a licensee regulated by a licensing board shall not include a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee.(b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(c) For purposes of this section, the following terms apply:(1) Consumer service means any service which is obtained for use primarily for personal, family, or household purposes.(2) Licensing board means any entity contained in Section 101 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.(d) Violation of this section by a licensee shall constitute unprofessional conduct subject to discipline by the licensees licensing board. | |
| 56 | + | CHAPTER 1.6. Peer-to-Peer Car Sharing Programs | |
| 57 | + | ||
| 58 | + | CHAPTER 1.6. Peer-to-Peer Car Sharing Programs | |
| 59 | + | ||
| 60 | + | 1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act. | |
| 66 | 61 | ||
| 67 | 62 | ||
| 68 | 63 | ||
| 69 | - | ||
| 64 | + | 1939.60. This chapter may be cited as the Peer-to-Peer Car Sharing Program Act. | |
| 70 | 65 | ||
| 71 | - | (b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable. | |
| 72 | - | ||
| 73 | - | (c) For purposes of this section, the following terms apply: | |
| 74 | - | ||
| 75 | - | (1) Consumer service means any service which is obtained for use primarily for personal, family, or household purposes. | |
| 76 | - | ||
| 77 | - | (2) Licensing board means any entity contained in Section 101 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. | |
| 78 | - | ||
| 79 | - | (d) Violation of this section by a licensee shall constitute unprofessional conduct subject to discipline by the licensees licensing board. | |
| 66 | + | 1939.61. As used in this chapter, the following terms have the following meanings:(a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.(b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.(c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.(d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.(e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs:(1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program.(2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle.(3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires.(f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program.(g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency.(h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program.(i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.(j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. | |
| 80 | 67 | ||
| 81 | 68 | ||
| 82 | 69 | ||
| 70 | + | 1939.61. As used in this chapter, the following terms have the following meanings: | |
| 71 | + | ||
| 72 | + | (a) Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement. | |
| 73 | + | ||
| 74 | + | (b) Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time. | |
| 75 | + | ||
| 76 | + | (c) Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. | |
| 77 | + | ||
| 78 | + | (d) Car sharing start time means the time when the shared vehicle driver takes control of the shared vehicle at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program. | |
| 79 | + | ||
| 80 | + | (e) Car sharing termination time means the time when the shared vehicle is returned to the location designated by the shared vehicle owner through a peer-to-peer car sharing program, and the earliest of one of the following occurs: | |
| 81 | + | ||
| 82 | + | (1) The intent to terminate the use of the shared vehicle is verifiably communicated by the shared vehicle driver to the shared vehicle owner using the peer-to-peer car sharing program. | |
| 83 | + | ||
| 84 | + | (2) The shared vehicle owner or the shared vehicle owners authorized designee takes possession and control of the shared vehicle. | |
| 85 | + | ||
| 86 | + | (3) The period of time established for the use of a shared vehicle in the governing car sharing program agreement expires. | |
| 87 | + | ||
| 88 | + | (f) Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program. | |
| 89 | + | ||
| 90 | + | (g) Peer-to-peer car sharing program means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program does not mean car rental agency. | |
| 91 | + | ||
| 92 | + | (h) Shared vehicle means a vehicle that is available for sharing through a peer-to-peer car sharing program. | |
| 93 | + | ||
| 94 | + | (i) Shared vehicle driver means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement. | |
| 95 | + | ||
| 96 | + | (j) Shared vehicle owner means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. | |
| 97 | + | ||
| 98 | + | 1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.(b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.(c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered.(d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver.(e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle.(f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance. | |
| 83 | 99 | ||
| 84 | 100 | ||
| 85 | 101 | ||
| 102 | + | 1939.62. Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following: | |
| 86 | 103 | ||
| 87 | - | This chapter may be cited as the Peer-to-Peer Car Sharing Program Act. | |
| 104 | + | (a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement. | |
| 105 | + | ||
| 106 | + | (b) That an automobile liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program. | |
| 107 | + | ||
| 108 | + | (c) That the peer-to-peer car sharing programs insurance coverage on the shared vehicle owner and the shared vehicle driver, required pursuant to Article 5.1 (commencing with Section 11629.6) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not be covered. | |
| 109 | + | ||
| 110 | + | (d) The amounts of the daily rate, additional mandatory charges, fees, and, if applicable, any insurance or protection plan costs that are charged to the shared vehicle owner or the shared vehicle driver. | |
| 111 | + | ||
| 112 | + | (e) That the shared vehicle owners motor vehicle liability insurance may not provide coverage for a shared vehicle. | |
| 113 | + | ||
| 114 | + | (f) An emergency telephone number for customer service inquiries, including requests for emergency roadside assistance. | |
| 115 | + | ||
| 116 | + | 1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle. | |
| 88 | 117 | ||
| 89 | 118 | ||
| 90 | 119 | ||
| 120 | + | 1939.63. A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle. | |
| 91 | 121 | ||
| 92 | - | ||
| 93 | - | As used in this chapter, the following terms have the following meanings: | |
| 122 | + | 1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents:(1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle.(2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle. | |
| 94 | 123 | ||
| 95 | 124 | ||
| 96 | 125 | ||
| 97 | - | (a)Car sharing delivery period means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement. | |
| 126 | + | 1939.64. (a) A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents: | |
| 127 | + | ||
| 128 | + | (1) A valid, unexpired California drivers license that authorizes the driver to operate a vehicle of the same class as the shared vehicle. | |
| 129 | + | ||
| 130 | + | (2) A valid, unexpired drivers license issued by the state or country of the shared vehicle drivers residence that authorizes the driver in that state or country to drive a vehicle of the same class as the shared vehicle. | |
| 131 | + | ||
| 132 | + | 1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period. | |
| 98 | 133 | ||
| 99 | 134 | ||
| 100 | 135 | ||
| 101 | - | (b)Car sharing period means the period of time from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time. | |
| 136 | + | 1939.65. A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period. | |
| 137 | + | ||
| 138 | + | 1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport.(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program. | |
| 102 | 139 | ||
| 103 | 140 | ||
| 104 | 141 | ||
| 105 | - | (c)Car sharing program agreement means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. | |
| 142 | + | 1939.66. (a) Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport. | |
| 143 | + | ||
| 144 | + | (b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program. | |
| 145 | + | ||
| 146 | + | SEC. 2. Section 11580.24 of the Insurance Code is repealed.11580.24.(a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply:(1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program.(2)The annual revenue received by the vehicles owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program.(3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing.(b)For purposes of this section the following definitions apply:(1)Personal vehicle sharing means the use of private passenger motor vehicles by persons other than the vehicles owner, in connection with a personal vehicle sharing program.(2)Personal vehicle sharing program means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.(3)Private passenger motor vehicle means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels.(c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:(1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code.(2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a personal vehicle sharing program.(3)Collect, maintain, and make available to the vehicles owner, the vehicle owners primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicles owner pursuant to a personal vehicle sharing program.(4)Provide the vehicles owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section.(5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing.(6)Use only private passenger vehicles.(7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment.(d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owners automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program.(e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur:(1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program.(2)The earliest of one of the following occurs:(A)The expiration of the time period established for the particular use of the vehicle.(B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program.(C)The vehicles owner takes possession and control of the vehicle.(f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicles private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicles owner was in control of the vehicle at the time of the loss.(g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicles owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicles owner, subject to the provisions of subdivisions (d) and (f).(h)Notwithstanding any other provision of law or any provision in a vehicle owners automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply:(1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy.(2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.(i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section. | |
| 147 | + | ||
| 148 | + | SEC. 2. Section 11580.24 of the Insurance Code is repealed. | |
| 149 | + | ||
| 150 | + | ### SEC. 2. | |
| 151 | + | ||
| 152 | + | 11580.24.(a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply:(1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program.(2)The annual revenue received by the vehicles owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program.(3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing.(b)For purposes of this section the following definitions apply:(1)Personal vehicle sharing means the use of private passenger motor vehicles by persons other than the vehicles owner, in connection with a personal vehicle sharing program.(2)Personal vehicle sharing program means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.(3)Private passenger motor vehicle means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels.(c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:(1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code.(2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a personal vehicle sharing program.(3)Collect, maintain, and make available to the vehicles owner, the vehicle owners primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicles owner pursuant to a personal vehicle sharing program.(4)Provide the vehicles owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section.(5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing.(6)Use only private passenger vehicles.(7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment.(d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owners automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program.(e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur:(1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program.(2)The earliest of one of the following occurs:(A)The expiration of the time period established for the particular use of the vehicle.(B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program.(C)The vehicles owner takes possession and control of the vehicle.(f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicles private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicles owner was in control of the vehicle at the time of the loss.(g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicles owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicles owner, subject to the provisions of subdivisions (d) and (f).(h)Notwithstanding any other provision of law or any provision in a vehicle owners automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply:(1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy.(2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.(i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section. | |
| 106 | 153 | ||
| 107 | 154 | ||
| 108 | 155 | ||
| 109 | - | ( | |
| 156 | + | (a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply: | |
| 110 | 157 | ||
| 111 | 158 | ||
| 112 | 159 | ||
| 113 | - | ( | |
| 160 | + | (1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program. | |
| 114 | 161 | ||
| 115 | 162 | ||
| 116 | 163 | ||
| 117 | - | ( | |
| 164 | + | (2)The annual revenue received by the vehicles owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program. | |
| 118 | 165 | ||
| 119 | 166 | ||
| 120 | 167 | ||
| 121 | - | ( | |
| 168 | + | (3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing. | |
| 122 | 169 | ||
| 123 | 170 | ||
| 124 | 171 | ||
| 125 | - | ( | |
| 172 | + | (b)For purposes of this section the following definitions apply: | |
| 126 | 173 | ||
| 127 | 174 | ||
| 128 | 175 | ||
| 129 | - | ( | |
| 176 | + | (1)Personal vehicle sharing means the use of private passenger motor vehicles by persons other than the vehicles owner, in connection with a personal vehicle sharing program. | |
| 130 | 177 | ||
| 131 | 178 | ||
| 132 | 179 | ||
| 133 | - | ( | |
| 180 | + | (2)Personal vehicle sharing program means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state. | |
| 134 | 181 | ||
| 135 | 182 | ||
| 136 | 183 | ||
| 137 | - | ( | |
| 184 | + | (3)Private passenger motor vehicle means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels. | |
| 138 | 185 | ||
| 139 | 186 | ||
| 140 | 187 | ||
| 141 | - | ( | |
| 188 | + | (c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following: | |
| 142 | 189 | ||
| 143 | 190 | ||
| 144 | 191 | ||
| 145 | - | ( | |
| 192 | + | (1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code. | |
| 146 | 193 | ||
| 147 | 194 | ||
| 148 | 195 | ||
| 149 | - | ||
| 150 | - | ||
| 151 | - | Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following: | |
| 196 | + | (2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a personal vehicle sharing program. | |
| 152 | 197 | ||
| 153 | 198 | ||
| 154 | 199 | ||
| 155 | - | ( | |
| 200 | + | (3)Collect, maintain, and make available to the vehicles owner, the vehicle owners primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicles owner pursuant to a personal vehicle sharing program. | |
| 156 | 201 | ||
| 157 | 202 | ||
| 158 | 203 | ||
| 159 | - | ( | |
| 204 | + | (4)Provide the vehicles owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section. | |
| 160 | 205 | ||
| 161 | 206 | ||
| 162 | 207 | ||
| 163 | - | ( | |
| 208 | + | (5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing. | |
| 164 | 209 | ||
| 165 | 210 | ||
| 166 | 211 | ||
| 167 | - | ( | |
| 212 | + | (6)Use only private passenger vehicles. | |
| 168 | 213 | ||
| 169 | 214 | ||
| 170 | 215 | ||
| 171 | - | ( | |
| 216 | + | (7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment. | |
| 172 | 217 | ||
| 173 | 218 | ||
| 174 | 219 | ||
| 175 | - | ( | |
| 220 | + | (d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owners automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program. | |
| 176 | 221 | ||
| 177 | 222 | ||
| 178 | 223 | ||
| 179 | - | ||
| 180 | - | ||
| 181 | - | A peer-to-peer car sharing program shall disclose the daily rate, charges, fees, and costs when providing a quote and shall not require any other fees or charges to be paid as a condition of using the shared vehicle. | |
| 224 | + | (e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur: | |
| 182 | 225 | ||
| 183 | 226 | ||
| 184 | 227 | ||
| 185 | - | ||
| 186 | - | ||
| 187 | - | (a)A peer-to-peer car sharing program shall only enter into a car sharing program agreement with a shared vehicle driver who is at least 18 years of age and who provides documentation of either of the following documents: | |
| 228 | + | (1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program. | |
| 188 | 229 | ||
| 189 | 230 | ||
| 190 | 231 | ||
| 191 | - | ( | |
| 232 | + | (2)The earliest of one of the following occurs: | |
| 192 | 233 | ||
| 193 | 234 | ||
| 194 | 235 | ||
| 195 | - | ( | |
| 236 | + | (A)The expiration of the time period established for the particular use of the vehicle. | |
| 196 | 237 | ||
| 197 | 238 | ||
| 198 | 239 | ||
| 199 | - | ||
| 200 | - | ||
| 201 | - | A peer-to-peer car sharing program shall have sole responsibility for any equipment that is installed in or on the vehicle to facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period. | |
| 240 | + | (B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program. | |
| 202 | 241 | ||
| 203 | 242 | ||
| 204 | 243 | ||
| 205 | - | ||
| 206 | - | ||
| 207 | - | (a)Notwithstanding any other law, a commercial airport authority is authorized to regulate access to an airport and set access fees for peer-to-peer car sharing programs. If required, a peer-to-peer car sharing program shall obtain a permit or other written authorization from the airport operator prior to facilitating the sharing of vehicles at that airport. | |
| 244 | + | (C)The vehicles owner takes possession and control of the vehicle. | |
| 208 | 245 | ||
| 209 | 246 | ||
| 210 | 247 | ||
| 211 | - | ( | |
| 248 | + | (f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicles private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicles owner was in control of the vehicle at the time of the loss. | |
| 212 | 249 | ||
| 213 | 250 | ||
| 214 | 251 | ||
| 252 | + | (g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicles owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicles owner, subject to the provisions of subdivisions (d) and (f). | |
| 215 | 253 | ||
| 216 | 254 | ||
| 217 | 255 | ||
| 256 | + | (h)Notwithstanding any other provision of law or any provision in a vehicle owners automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply: | |
| 218 | 257 | ||
| 219 | 258 | ||
| 220 | 259 | ||
| 221 | - | ||
| 222 | - | ||
| 223 | - | For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply. | |
| 260 | + | (1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy. | |
| 224 | 261 | ||
| 225 | 262 | ||
| 226 | 263 | ||
| 227 | - | ||
| 228 | - | ||
| 229 | - | (a)A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle. | |
| 264 | + | (2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program. | |
| 230 | 265 | ||
| 231 | 266 | ||
| 232 | 267 | ||
| 233 | - | ||
| 268 | + | (i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section. | |
| 234 | 269 | ||
| 235 | 270 | ||
| 236 | 271 | ||
| 237 | - | (b)A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______. | |
| 272 | + | SEC. 3. Article 5.1 (commencing with Section 11629.6) is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, to read: Article 5.1. Peer-to-Peer Car Sharing Programs11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply.11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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.11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program.11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law.11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy.11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 273 | + | ||
| 274 | + | SEC. 3. Article 5.1 (commencing with Section 11629.6) is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, to read: | |
| 275 | + | ||
| 276 | + | ### SEC. 3. | |
| 277 | + | ||
| 278 | + | Article 5.1. Peer-to-Peer Car Sharing Programs11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply.11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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.11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program.11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law.11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy.11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 279 | + | ||
| 280 | + | Article 5.1. Peer-to-Peer Car Sharing Programs11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply.11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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.11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program.11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law.11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy.11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 281 | + | ||
| 282 | + | Article 5.1. Peer-to-Peer Car Sharing Programs | |
| 283 | + | ||
| 284 | + | Article 5.1. Peer-to-Peer Car Sharing Programs | |
| 285 | + | ||
| 286 | + | 11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply. | |
| 238 | 287 | ||
| 239 | 288 | ||
| 240 | 289 | ||
| 241 | - | (c)The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following: | |
| 290 | + | 11629.6. For purposes of this article, the definitions set forth in Section 1939.61 of the Civil Code shall apply. | |
| 291 | + | ||
| 292 | + | 11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle.The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.(b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______.(c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following:(1) The shared vehicle owner.(2) The shared vehicle driver.(3) The peer-to-peer car sharing program.(4) Any combination of the above.(d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true:(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65.(e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy.(f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim.(g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.(h) This article does not limit either of the following:(1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.(2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement. | |
| 242 | 293 | ||
| 243 | 294 | ||
| 244 | 295 | ||
| 296 | + | 11629.61. (a) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for any property damage to the shared vehicle or any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in Section 16056 of the Vehicle Code. In addition, a peer-to-peer car sharing program shall also assume liability for the shared vehicle. | |
| 297 | + | ||
| 298 | + | The assumption of liability does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer-to-peer car sharing program before the car sharing period in which the loss occurred. | |
| 299 | + | ||
| 300 | + | (b) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than _______. | |
| 301 | + | ||
| 302 | + | (c) The insurance described in subdivision (b) may be satisfied by motor vehicle liability insurance maintained by any of the following: | |
| 303 | + | ||
| 245 | 304 | (1) The shared vehicle owner. | |
| 305 | + | ||
| 306 | + | (2) The shared vehicle driver. | |
| 307 | + | ||
| 308 | + | (3) The peer-to-peer car sharing program. | |
| 309 | + | ||
| 310 | + | (4) Any combination of the above. | |
| 311 | + | ||
| 312 | + | (d) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true: | |
| 313 | + | ||
| 314 | + | (1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss. | |
| 315 | + | ||
| 316 | + | (2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65. | |
| 317 | + | ||
| 318 | + | (e) If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy. | |
| 319 | + | ||
| 320 | + | (f) If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim. | |
| 321 | + | ||
| 322 | + | (g) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim. | |
| 323 | + | ||
| 324 | + | (h) This article does not limit either of the following: | |
| 325 | + | ||
| 326 | + | (1) The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program. | |
| 327 | + | ||
| 328 | + | (2) The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement. | |
| 329 | + | ||
| 330 | + | 11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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. | |
| 246 | 331 | ||
| 247 | 332 | ||
| 248 | 333 | ||
| 249 | - | (2)The shared vehicle driver. | |
| 334 | + | 11629.62. Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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. | |
| 335 | + | ||
| 336 | + | 11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. | |
| 250 | 337 | ||
| 251 | 338 | ||
| 252 | 339 | ||
| 253 | - | (3)The peer-to-peer car sharing program. | |
| 340 | + | 11629.63. An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. | |
| 341 | + | ||
| 342 | + | 11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program. | |
| 254 | 343 | ||
| 255 | 344 | ||
| 256 | 345 | ||
| 257 | - | (4)Any combination of the above. | |
| 346 | + | 11629.64. A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program. | |
| 347 | + | ||
| 348 | + | 11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law. | |
| 258 | 349 | ||
| 259 | 350 | ||
| 260 | 351 | ||
| 261 | - | (d)The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (b) and both of the following are true: | |
| 352 | + | 11629.65. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law. | |
| 353 | + | ||
| 354 | + | 11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:(a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.(b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy. | |
| 262 | 355 | ||
| 263 | 356 | ||
| 264 | 357 | ||
| 265 | - | (1)A dispute exists as to who was in control of the shared motor vehicle at the time of the loss. | |
| 358 | + | 11629.66. A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true: | |
| 359 | + | ||
| 360 | + | (a) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period. | |
| 361 | + | ||
| 362 | + | (b) Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy. | |
| 363 | + | ||
| 364 | + | 11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 266 | 365 | ||
| 267 | 366 | ||
| 268 | 367 | ||
| 269 | - | (2)The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required pursuant to Section 11629.65. | |
| 368 | + | 11629.67. A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 369 | + | ||
| 370 | + | SEC. 4. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 371 | + | ||
| 372 | + | SEC. 4. Section 11752 of the Vehicle Code is amended to read: | |
| 373 | + | ||
| 374 | + | ### SEC. 4. | |
| 375 | + | ||
| 376 | + | 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 377 | + | ||
| 378 | + | 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 379 | + | ||
| 380 | + | 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 270 | 381 | ||
| 271 | 382 | ||
| 272 | 383 | ||
| 273 | - | (e)If a peer-to-peer car sharing program assumes liability for a claim pursuant to subdivision (d), and it is later determined that the shared motor vehicles owner was in control of the shared motor vehicle at the time of the loss, the shared motor vehicles insurer shall indemnify the car sharing program to the extent of its obligation, if any, under the applicable insurance policy. | |
| 384 | + | 11752. As used in this article, the following definitions apply: | |
| 385 | + | ||
| 386 | + | (a) The term dealer has the same meaning as in Section 285. | |
| 387 | + | ||
| 388 | + | (b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code. | |
| 389 | + | ||
| 390 | + | (2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code. | |
| 391 | + | ||
| 392 | + | (c) A personal vehicle sharing program peer-to-peer car sharing program has the same meaning as defined in Section 11580.24 1939.61 of the Insurance Civil Code. | |
| 393 | + | ||
| 394 | + | (d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle. | |
| 395 | + | ||
| 396 | + | (1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following: | |
| 397 | + | ||
| 398 | + | (A) The recall data on a vehicle manufacturers Internet Web site internet website for a specific vehicles line-make. | |
| 399 | + | ||
| 400 | + | (B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall. | |
| 401 | + | ||
| 402 | + | (C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system. | |
| 403 | + | ||
| 404 | + | (2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations. | |
| 405 | + | ||
| 406 | + | (e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database. | |
| 407 | + | ||
| 408 | + | (f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 409 | + | ||
| 410 | + | SEC. 5. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company. | |
| 411 | + | ||
| 412 | + | SEC. 5. Section 11754 of the Vehicle Code is amended to read: | |
| 413 | + | ||
| 414 | + | ### SEC. 5. | |
| 415 | + | ||
| 416 | + | 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company. | |
| 417 | + | ||
| 418 | + | 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company. | |
| 419 | + | ||
| 420 | + | 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company. | |
| 274 | 421 | ||
| 275 | 422 | ||
| 276 | 423 | ||
| 277 | - | (f)If the insurance described in subdivision (c) maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (b) beginning with the first dollar of a claim and shall have the duty to defend such a claim. | |
| 424 | + | 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made. | |
| 425 | + | ||
| 426 | + | (b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired. | |
| 427 | + | ||
| 428 | + | (c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration. | |
| 429 | + | ||
| 430 | + | (d) The changes to this section made by the act adding subdivision (c) shall Chapter 591 of the Statutes of 2018 do not apply in any manner to pending litigation. litigation pending as of January 1, 2019. | |
| 431 | + | ||
| 432 | + | (e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing company. | |
| 433 | + | ||
| 434 | + | SEC. 6. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program. | |
| 435 | + | ||
| 436 | + | SEC. 6. Section 11760 of the Vehicle Code is amended to read: | |
| 437 | + | ||
| 438 | + | ### SEC. 6. | |
| 439 | + | ||
| 440 | + | 11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program. | |
| 441 | + | ||
| 442 | + | 11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program. | |
| 443 | + | ||
| 444 | + | 11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program. | |
| 278 | 445 | ||
| 279 | 446 | ||
| 280 | 447 | ||
| 281 | - | (g)Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim. | |
| 448 | + | 11760. (a) This article shall does not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758. | |
| 449 | + | ||
| 450 | + | (b) The changes to this section made by the act amending subdivision (a) Chapter 591 of the statutes of 2018 shall not apply in any manner to pending litigation. litigation that is pending as of January 1, 2019. | |
| 451 | + | ||
| 452 | + | (c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program. | |
| 282 | 453 | ||
| 283 | 454 | ||
| 284 | 455 | ||
| 285 | - | (h)This article does not limit either of the following: | |
| 286 | - | ||
| 287 | - | ||
| 288 | - | ||
| 289 | - | (1)The liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program. | |
| 290 | - | ||
| 291 | - | ||
| 292 | - | ||
| 293 | - | (2)The ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement. | |
| 294 | - | ||
| 295 | - | ||
| 296 | - | ||
| 297 | - | ||
| 298 | - | ||
| 299 | - | Before a shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has 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. | |
| 300 | - | ||
| 301 | - | ||
| 302 | - | ||
| 303 | - | ||
| 304 | - | ||
| 305 | - | An authorized insurer that writes motor vehicle liability insurance may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owners personal motor vehicle liability insurance policy. This article does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. | |
| 306 | - | ||
| 307 | - | ||
| 308 | - | ||
| 309 | - | ||
| 310 | - | ||
| 311 | - | A motor vehicle insurer may not deny, cancel, void, terminate, rescind, or nonrenew a policy of personal private passenger automobile liability insurance of a shared vehicle owner solely on the basis that vehicle covered under the policy has been made available for sharing through a peer-to-peer car sharing program. | |
| 312 | - | ||
| 313 | - | ||
| 314 | - | ||
| 315 | - | ||
| 316 | - | ||
| 317 | - | A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owners insurer, or the shared vehicle drivers insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for not less than five years unless a longer retention period is otherwise required by law. | |
| 318 | - | ||
| 319 | - | ||
| 320 | - | ||
| 321 | - | ||
| 322 | - | ||
| 323 | - | A motor vehicle insurer that defends or indemnifies a claim involving a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true: | |
| 324 | - | ||
| 325 | - | ||
| 326 | - | ||
| 327 | - | (a)The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period. | |
| 328 | - | ||
| 329 | - | ||
| 330 | - | ||
| 331 | - | (b)Coverage for peer-to-peer vehicle sharing is excluded under the terms of its policy. | |
| 332 | - | ||
| 333 | - | ||
| 334 | - | ||
| 335 | - | ||
| 336 | - | ||
| 337 | - | A peer-to-peer car sharing program shall, for each vehicle that it facilitates the use of, provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicles registered owner during any time when the vehicle is operated by any person other than the vehicles owner pursuant to a peer-to-peer car sharing program. | |
| 338 | - | ||
| 339 | - | ||
| 340 | - | ||
| 341 | - | ||
| 342 | - | ||
| 343 | - | ||
| 344 | - | ||
| 345 | - | As used in this article, the following definitions apply: | |
| 346 | - | ||
| 347 | - | ||
| 348 | - | ||
| 349 | - | (a)The term dealer has the same meaning as in Section 285. | |
| 350 | - | ||
| 351 | - | ||
| 352 | - | ||
| 353 | - | (b)(1)A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code. | |
| 354 | - | ||
| 355 | - | ||
| 356 | - | ||
| 357 | - | (2)A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code. | |
| 358 | - | ||
| 359 | - | ||
| 360 | - | ||
| 361 | - | (c)A peer-to-peer car sharing program has the same meaning as defined in Section 1939.61 of the Civil Code. | |
| 362 | - | ||
| 363 | - | ||
| 364 | - | ||
| 365 | - | (d)A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle. | |
| 366 | - | ||
| 367 | - | ||
| 368 | - | ||
| 369 | - | (1)For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following: | |
| 370 | - | ||
| 371 | - | ||
| 372 | - | ||
| 373 | - | (A)The recall data on a vehicle manufacturers internet website for a specific vehicles line-make. | |
| 374 | - | ||
| 375 | - | ||
| 376 | - | ||
| 377 | - | (B)The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall. | |
| 378 | - | ||
| 379 | - | ||
| 380 | - | ||
| 381 | - | (C)The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system. | |
| 382 | - | ||
| 383 | - | ||
| 384 | - | ||
| 385 | - | (2)For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations. | |
| 386 | - | ||
| 387 | - | ||
| 388 | - | ||
| 389 | - | (e)A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database. | |
| 390 | - | ||
| 391 | - | ||
| 392 | - | ||
| 393 | - | (f)A rental car company is a person or entity in the business of renting passenger vehicles to the public in California. | |
| 394 | - | ||
| 395 | - | ||
| 396 | - | ||
| 397 | - | ||
| 398 | - | ||
| 399 | - | ||
| 400 | - | ||
| 401 | - | (a)No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made. | |
| 402 | - | ||
| 403 | - | ||
| 404 | - | ||
| 405 | - | (b)If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired. | |
| 406 | - | ||
| 407 | - | ||
| 408 | - | ||
| 409 | - | (c)As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the peer-to-peer car sharing program receives notification of a manufacturers recall by a third party with which the peer-to-peer car sharing program contracts to provide notification of active recalls, a peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration. | |
| 410 | - | ||
| 411 | - | ||
| 412 | - | ||
| 413 | - | (d)The changes to this section made by Chapter 591 of the Statutes of 2018 do not apply in any manner to litigation pending as of January 1, 2019. | |
| 414 | - | ||
| 415 | - | ||
| 416 | - | ||
| 417 | - | (e)This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a peer-to-peer car sharing company. | |
| 418 | - | ||
| 419 | - | ||
| 420 | - | ||
| 421 | - | ||
| 422 | - | ||
| 423 | - | ||
| 424 | - | ||
| 425 | - | (a)This article does not create any legal duty upon the dealer, rental car company, peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758. | |
| 426 | - | ||
| 427 | - | ||
| 428 | - | ||
| 429 | - | (b)The changes to this section made by Chapter 591 of the statutes of 2018 shall not apply in any manner to litigation that is pending as of January 1, 2019. | |
| 430 | - | ||
| 431 | - | ||
| 432 | - | ||
| 433 | - | (c)This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a peer-to-peer car sharing program. | |
| 456 | + | It is the intent of the Legislature to enact legislation that creates a regulatory framework for personal vehicle sharing programs. |