Maryland 2025 2025 Regular Session

Maryland Senate Bill SB771 Engrossed / Bill

Filed 03/13/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0771*  
  
SENATE BILL 771 
C4, R5   	5lr2938 
HB 1187/23 – ECM     
By: Senator Gile 
Introduced and read first time: January 27, 2025 
Assigned to: Finance 
Committee Report: Favorable 
Senate action: Adopted 
Read second time: February 24, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Peer–to–Peer Car Sharing Programs – Insurance and Liability 2 
 
FOR the purpose of repealing certain provisions of law authorizing a peer–to–peer car 3 
sharing program’s motor vehicle liability insurance policy on a replacement vehicle 4 
to be secondary coverage for a shared vehicle driver; altering certain motor vehicle 5 
liability insurance requirements applicable to peer–to–peer car sharing programs; 6 
providing that the Maryland Automobile Insurance Fund is not required to provide 7 
coverage to a shared vehicle drive for the use of a shared vehicle that is not a 8 
replacement vehicle; requiring certain insurance coverage to be in a certain amount 9 
up to certain minimum coverage amounts if a claim arises out of an occurrence 10 
during the car sharing period in another state that has higher minimum financial 11 
responsibility limits; repealing certain provisions of law prohibiting certain insurers 12 
to take certain action with respect to a personal motor vehicle liability insurance 13 
policy of a shared vehicle owner solely on the basis that a certain vehicle has been 14 
made available for sharing through a peer–to–peer car sharing program except 15 
under certain circumstances; providing that certain provisions of law do not 16 
invalidate or limit exclusions contained in a motor vehicle liability insurance policy; 17 
authorizing a peer–to–peer car sharing program to transfer monetary liability and 18 
charge a shared vehicle driver for certain tolls, fees, charges, or fines imposed under 19 
certain circumstances; excluding a peer–to–peer car sharing program from the 20 
definition of “owner” for purpose of citations issued for violations recorded by a traffic 21 
control signal monitoring system; and generally relating to peer–to–peer car sharing 22 
programs.  23 
 
BY repealing 24  2 	SENATE BILL 771  
 
 
 Article – Insurance 1 
Section 10–6A–05 2 
 Annotated Code of Maryland 3 
 (2017 Replacement Volume and 2024 Supplement) 4 
 
BY repealing and reenacting, with amendments, 5 
 Article – Insurance 6 
Section 19–520 7 
 Annotated Code of Maryland 8 
 (2017 Replacement Volume and 2024 Supplement) 9 
 
BY repealing and reenacting, with amendments, 10 
 Article – Transportation 11 
Section 18.5–102, 18.5–108, and 21–202.1(a)(3) 12 
 Annotated Code of Maryland 13 
 (2020 Replacement Volume and 2024 Supplement) 14 
 
BY repealing and reenacting, without amendments, 15 
 Article – Transportation 16 
Section 21–202.1(a)(1) and (5) and (d)(1) 17 
 Annotated Code of Maryland 18 
 (2020 Replacement Volume and 2024 Supplement) 19 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 
That the Laws of Maryland read as follows: 21 
 
Article – Insurance 22 
 
[10–6A–05. 23 
 
 (a) Except as provided in subsection (b) of this section, an insurance policy sold in 24 
connection with, and incidental to, a peer–to–peer car sharing program agreement under 25 
the provisions of this subtitle is primary to any other valid and collectible coverage. 26 
 
 (b) Any insurance sold to a shared vehicle driver under the provisions of this 27 
subtitle is not primary to the coverage provided by the peer–to–peer car sharing program 28 
under § 19–520(d)(1) of this article.] 29 
 
19–520. 30 
 
 (a) (1) In this section the following words have the meanings indicated. 31 
 
 (2) “Car sharing delivery period” means the period of time during which a 32 
shared motor vehicle is being delivered to the location of the car sharing start time, as 33 
documented by the shared vehicle owner under a peer–to–peer car sharing program 34 
agreement. 35 
   	SENATE BILL 771 	3 
 
 
 (3) “Car sharing period” means the period of time that commences with the 1 
car sharing delivery period and ends at the car sharing termination time. 2 
 
 (4) “Car sharing start time” means the time when a shared motor vehicle 3 
becomes subject to the control of the shared vehicle driver at or after the time the 4 
reservation of a shared motor vehicle is scheduled to begin as documented in the records of 5 
a peer–to–peer car sharing program. 6 
 
 (5) “Car sharing termination time” means: 7 
 
 (i) the time when the shared motor vehicle is returned to the 8 
location designated by the shared vehicle owner through a peer–to–peer car sharing 9 
program; and 10 
 
 (ii) the earliest of the following occurs: 11 
 
 1. the expiration of the agreed period of time established for 12 
the use of the shared motor vehicle; 13 
 
 2. the intent to terminate the use of the shared motor vehicle 14 
is verifiably communicated to the peer–to–peer car sharing program; or 15 
 
 3. the shared vehicle owner, or the shared vehicle owner’s 16 
authorized designee, takes possession and control of the shared motor vehicle. 17 
 
 (6) “Intentional or fraudulent material misrepresentation” means an 18 
affirmative statement or an omission by a shared vehicle owner that misrepresents 19 
material facts about the shared vehicle owner or the shared motor vehicle. 20 
 
 (7) “Motor vehicle” has the meaning stated in § 11 –135 of the 21 
Transportation Article. 22 
 
 (8) “Peer–to–peer car sharing” means the authorized use of a motor vehicle 23 
by an individual other than the vehicle’s owner through a peer–to–peer car sharing 24 
program. 25 
 
 (9) “Peer–to–peer car sharing program” means a platform that is in the 26 
business of connecting vehicle owners with drivers to enable the sharing of motor vehicles 27 
for financial consideration. 28 
 
 (10) “Peer–to–peer car sharing program agreement” means the written 29 
terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that 30 
govern the use of a shared vehicle through a peer–to–peer car sharing program under the 31 
provisions of this section and Title 18.5 of the Transportation Article. 32 
 
 (11) “Shared motor vehicle” means a motor vehicle that is available for 33 
sharing through a peer–to–peer car sharing program. 34  4 	SENATE BILL 771  
 
 
 
 (12) “Shared vehicle driver” means an individual who has: 1 
 
 (i) reserved the use of a shared motor vehicle through a 2 
peer–to–peer car sharing program; and 3 
 
 (ii) been authorized to drive the shared motor vehicle by the  4 
peer–to–peer car sharing program. 5 
 
 (13) “Shared vehicle owner” means the registered owner of a motor vehicle 6 
made available for sharing to shared vehicle drivers through a peer–to–peer car sharing 7 
program. 8 
 
 (b) (1) Solely on the basis that a motor vehicle is shared through a 9 
peer–to–peer car sharing program: 10 
 
 (i) a peer–to–peer car sharing program may not be considered to 11 
have rented the vehicle under Title 18, Subtitle 1 of the Transportation Article; 12 
 
 (ii) the shared vehicle owner may not be considered to have rented a 13 
vehicle under Title 18, Subtitle 1 of the Transportation Article; and 14 
 
 (iii) a peer–to–peer car sharing program may not be considered to be: 15 
 
 1. a rental vehicle company under § 18–108 of the 16 
Transportation Article; or 17 
 
 2. a motor vehicle rental company under Title 10, Subtitle 6 18 
of this article. 19 
 
 (2) Subject to subsection (e)(1) of this section, the use of a shared motor 20 
vehicle through a peer–to–peer car sharing program does not constitute a commercial use 21 
solely on the basis that the motor vehicle is available for sharing or used through a  22 
peer–to–peer car sharing program. 23 
 
 (c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a 24 
peer–to–peer car sharing program shall assume the liability of a shared vehicle owner for 25 
any bodily injury or property damage to third parties or uninsured and underinsured 26 
motorist or personal injury protection losses during the car sharing period in an amount 27 
stated in the peer–to–peer car sharing program agreement, which amount may not be less 28 
than the minimum amount of security required under § 17–103 of the Transportation 29 
Article. 30 
 
 (ii) Except for the minimum security required under § 17–103 of the 31 
Transportation Article for any injured person who did not make the intentional or 32 
fraudulent misrepresentation, the assumption of liability under paragraph (1) of this 33 
subsection does not apply if the shared vehicle owner made an intentional or fraudulent 34   	SENATE BILL 771 	5 
 
 
material misrepresentation to the peer–to–peer car sharing program before the car sharing 1 
period in which the loss occurred. 2 
 
 (2) [Nothing in paragraph] PARAGRAPH (1) of this subsection DOES NOT 3 
LIMIT: 4 
 
 (i) [limits] the liability of the peer–to–peer car sharing program for 5 
any act or omission of the peer–to–peer car sharing program itself that results in injury to 6 
any person as a result of the use of a shared motor vehicle through a peer–to–peer car 7 
sharing program; or 8 
 
 (ii) [limits] the ability of the peer–to–peer car sharing program to, 9 
by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver 10 
for economic loss sustained by the peer–to–peer car sharing program resulting from a 11 
breach of the terms and conditions of the peer–to–peer car sharing program agreement. 12 
 
 (3) Each peer–to–peer car sharing program agreement made with respect 13 
to a car sharing arrangement in the State shall disclose to the shared vehicle owner and 14 
the shared vehicle driver: 15 
 
 (i) any right of the peer–to–peer car sharing program to seek 16 
indemnification from the shared vehicle owner or the shared vehicle driver for economic 17 
loss sustained by the peer–to–peer car sharing program resulting from a breach of the 18 
terms and conditions of the peer–to–peer car sharing program agreement; 19 
 
 (ii) that a motor vehicle liability insurance policy issued to the 20 
shared vehicle owner for the shared motor vehicle or to the shared vehicle driver does not 21 
provide a defense or indemnification for any claim asserted by the peer–to–peer car sharing 22 
program under item (i) of this paragraph; 23 
 
 (iii) that the peer–to–peer car sharing program’s insurance coverage 24 
on the shared vehicle owner and the shared vehicle driver is in effect only during each car 25 
sharing period and that, for any use of the shared motor vehicle by the shared vehicle driver 26 
after the car sharing termination time, the shared vehicle driver and the shared vehicle 27 
owner should contact the shared vehicle driver’s or the shared vehicle owner’s insurer about 28 
insurance coverage; AND 29 
 
 (iv) [that the peer–to–peer car sharing program’s motor vehicle 30 
liability insurance policy may be exclusive for the shared vehicle owner and is primary for 31 
the shared vehicle driver, but may be secondary for the shared vehicle driver if the shared 32 
motor vehicle is used as a replacement vehicle, as defined in § 18.5–102(a)(2)(i) of the 33 
Transportation Article; and 34 
 
 (v)] the daily rate, fees, any insurance costs, and any protection 35 
package costs that are charged to the shared vehicle owner or the shared vehicle driver. 36 
  6 	SENATE BILL 771  
 
 
 (4) At the time when a vehicle owner registers as a shared vehicle owner 1 
on a peer–to–peer car sharing program and prior to the time when the shared vehicle owner 2 
makes a shared motor vehicle available for car sharing on the peer–to–peer car sharing 3 
program, the peer–to–peer car sharing program shall notify the shared vehicle owner that, 4 
if the shared motor vehicle has a lien against it, the use of the shared motor vehicle through 5 
a peer–to–peer car sharing program, including use without physical damage coverage, may 6 
violate the terms of the contract with the lienholder. 7 
 
 (d) (1) A peer–to–peer car sharing program shall ensure that, during each car 8 
sharing period, the shared vehicle owner and the shared vehicle driver are insured under 9 
a motor vehicle liability insurance policy that: 10 
 
 (I) PROVIDES COVERAGE IN AMOUNTS NOT LESS THA N THOSE 11 
REQUIRED UNDER § 17–103 OF THE TRANSPORTATION ARTICLE; AND 12 
 
 [(i)] (II) 1. recognizes that the vehicle insured under the policy 13 
is made available and used through a peer–to–peer car sharing program; [and] OR 14 
 
 [(ii) provides the minimum security required under § 17–103 of the 15 
Transportation Article.] 16 
 
 2. DOES NOT EXCLUDE THE USE OF THE SHARED MOTOR 17 
VEHICLE BY A SHARED VEHICLE DRIVER . 18 
 
 (2) The insurance described under paragraph (1) of this subsection may be 19 
satisfied by motor vehicle liability insurance maintained by: 20 
 
 (i) a shared vehicle owner; 21 
 
 (ii) A SHARED VEHICLE DRI VER; 22 
 
 (III) a peer–to–peer car sharing program; or 23 
 
 [(iii)] (IV) [both] ANY COMBINATION OF a shared vehicle owner, A 24 
SHARED VEHICLE DRIVE R, and a peer–to–peer car sharing program. 25 
 
 (3) (I) IN THIS PARAGRAPH , “REPLACEMENT VEHICLE ” MEANS A 26 
SHARED MOTOR VEHICLE THAT IS USED IN A PEER–TO–PEER CAR SHARING 27 
PROGRAM WHILE A MOTO R VEHICLE OWNED BY T HE SHARED MOTOR VEHICLE 28 
DRIVER IS NOT IN USE BECAUS E OF LOSS, AS “LOSS” IS DEFINED IN THAT 29 
INDIVIDUAL’S APPLICABLE PRIVATE PASSENGER AUTOMOBILE INSURANCE POLIC Y, 30 
OR BECAUSE OF BREAKD OWN, REPAIR, SERVICE, OR DAMAGE. 31 
 
 (II) NOTWITHSTANDING PARAGRAPH (2)(II) OF THIS 32 
SUBSECTION, THE MARYLAND AUTOMOBILE INSURANCE FUND MAY NOT BE 33   	SENATE BILL 771 	7 
 
 
REQUIRED TO PROVIDE COVERAGE TO A SHARED VEHICLE DRIVER FOR U SE OF A 1 
SHARED VEHICLE THA T IS NOT A REPLACEME NT VEHICLE. 2 
 
 (4) (i) A peer–to–peer car sharing program shall have an insurable 3 
interest in a shared motor vehicle during the car sharing period. 4 
 
 (ii) A peer–to–peer car sharing program may own and maintain as 5 
the named insured one or more policies of motor vehicle liability insurance that provides 6 
coverage in the amount of, in excess of, or optional to the minimum amount of coverage 7 
required to be provided under paragraph (1) of this subsection, including coverage for: 8 
 
 1. liabilities assumed by the peer–to–peer car sharing 9 
program under a peer–to–peer car sharing program agreement; 10 
 
 2. any liability of the shared vehicle owner; 11 
 
 3. damage or loss to the shared motor vehicle; and 12 
 
 4. any liability of the shared vehicle driver. 13 
 
 (iii) An offer by a peer–to–peer car sharing program to provide 14 
coverage to a shared vehicle driver in the amount of, in excess of, or optional to the 15 
minimum amount of coverage required to be provided under paragraph (1) of this 16 
subsection, whether on a stand–alone basis or as part of a financial protection package, 17 
shall be considered the sale or offer of insurance under Title 10, Subtitle 6A of this article. 18 
 
 [(4)] (5) The insurance described under paragraph (1) of this subsection 19 
or authorized under paragraph [(3)] (4) of this subsection shall: 20 
 
 (i) as to coverage of the shared vehicle driver, pay claims on a first 21 
dollar basis; and 22 
 
 (ii) be issued by: 23 
 
 1. an insurer authorized to do business in the State; or 24 
 
 2. solely with respect to insurance maintained by a 25 
peer–to–peer car sharing program under paragraph [(3)] (4) of this subsection, an eligible 26 
surplus lines insurer: 27 
 
 A. in accordance with the requirements of Title 3, Subtitle 3 28 
of this article; and 29 
 
 B. having an A.M. Best financial strength rating of A– or 30 
better. 31 
  8 	SENATE BILL 771  
 
 
 [(5)] (6) (i) The insurance described under paragraph (1) of this 1 
subsection shall, as to coverage of the shared vehicle owner, pay claims on a first dollar 2 
basis. 3 
 
 (ii) This paragraph may not apply to the terms and conditions under 4 
the insurance policy applicable to the peer–to–peer car sharing program. 5 
 
 [(6)] (7) Consumer complaints concerning claims against a surplus lines 6 
policy issued in connection with, and incidental to, a peer–to–peer car sharing program 7 
agreement are subject to the Commissioner’s authority under § 27–303 of this article. 8 
 
 [(7)] (8) [(i) Except as provided in subparagraph (ii) of this paragraph, 9 
the motor vehicle liability insurance policy described in paragraph (1) of this subsection 10 
shall be primary with respect to the shared vehicle driver, but may be secondary to the 11 
shared vehicle driver’s motor vehicle liability insurance policy if the shared motor vehicle 12 
is used by the shared vehicle driver as a replacement vehicle, as defined in §  13 
18.5–102(a)(2)(i) of the Transportation Article. 14 
 
 (ii)] If the insurance maintained by [the] A shared vehicle driver has 15 
lapsed, or is otherwise not in force, the peer–to–peer car sharing program’s insurance 16 
coverage required under paragraph (1) of this subsection shall be primary. 17 
 
 (9) IF A CLAIM THAT ARISE S OUT OF AN OCCURREN CE DURING THE 18 
CAR SHARING PERIOD OCCURR ED IN ANOTHER STATE WITH MINIMUM FINANCI AL 19 
RESPONSIBILITY LIMIT S HIGHER THAN THOSE REQUIRED UNDER § 17–103 OF THE 20 
TRANSPORTATION ARTICLE, THE COVERAGE REQUIRE D UNDER PARAGRAPH (1) OF 21 
THIS SUBSECTION SHAL L BE IN AN AMOUNT UP TO THE MINIM UM COVERAGE 22 
AMOUNT REQUIRED IN T HE STATE IN WHICH TH E CLAIM OCCURRED. 23 
 
 (e) (1) An authorized insurer that writes motor vehicle liability insurance in 24 
the State and the Maryland Automobile Insurance Fund may exclude any and all coverage 25 
and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s 26 
personal motor vehicle liability insurance policy for any loss or injury that occurs during 27 
the car sharing period. 28 
 
 (2) A motor vehicle insurer that defends or indemnifies a claim against a 29 
driver that is excluded under the terms of its policy shall have the right to seek contribution 30 
against the motor vehicle insurer of the peer–to–peer car sharing program if the claim is: 31 
 
 (i) made against the shared vehicle owner or the shared vehicle 32 
driver for loss or injury that occurs during the car sharing period; and 33 
 
 (ii) excluded under the terms of its policy. 34 
 
 (3) Nothing in this section invalidates or limits an exclusion contained in a 35 
motor vehicle liability insurance policy, including any insurance policy in use or approved 36   	SENATE BILL 771 	9 
 
 
for use before October 1, 2018, that excludes coverage for motor vehicles made available for 1 
rent, sharing, or hire or for any business use. 2 
 
 (4) The right to exclude any and all coverage and the duty to defend under 3 
paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability 4 
insurance policy, including: 5 
 
 (i) liability coverage for bodily injury and property damage; 6 
 
 (ii) uninsured and underinsured motorist coverage; 7 
 
 (iii) medical payments coverage; 8 
 
 (iv) personal injury protection coverage; 9 
 
 (v) comprehensive physical damage coverage; and 10 
 
 (vi) collision physical damage coverage. 11 
 
 [(f) (1) Except as provided in paragraph (2) of this subsection, a motor vehicle 12 
insurer may not deny, cancel, void, terminate, rescind, or nonrenew a personal motor 13 
vehicle liability insurance policy of a shared vehicle owner solely on the basis that a motor 14 
vehicle covered under the policy has been made available for sharing through a 15 
peer–to–peer car sharing program. 16 
 
 (2) A motor vehicle insurer may deny, cancel, void, terminate, rescind, or 17 
nonrenew a personal motor vehicle liability insurance policy covering a motor vehicle that 18 
has been made available for sharing through a peer–to–peer car sharing program if the 19 
applicant or policyholder of the personal motor vehicle liability insurance fails to provide 20 
complete and accurate information about the use of a shared motor vehicle through the 21 
peer–to–peer car sharing program as requested by the motor vehicle insurer during the 22 
application or renewal process of the motor vehicle liability insurance policy.] 23 
 
 (F) THIS SECTION DOES NOT INVALIDATE OR LIMIT AN EXCLUSI ON 24 
CONTAINED IN A MOTOR VEHICLE LIABILITY IN SURANCE POLICY , INCLUDING AN 25 
INSURANCE POLICY IN USE OR APPROVED F OR USE THAT EXCLUDES COVERAGE FOR 26 
MOTOR VEHICLES MADE AVAILABLE FOR RENT , SHARING, OR HIRE OR FOR A 27 
BUSINESS USE. 28 
 
 (g) [Nothing in this section: 29 
 
 (1) requires any shared vehicle owner’s personal motor vehicle liability 30 
insurance policy to provide primary or excess coverage during the car sharing period; 31 
  10 	SENATE BILL 771  
 
 
 (2) may be interpreted to imply that any shared vehicle owner’s personal 1 
motor vehicle liability insurance policy provides coverage for a motor vehicle during the car 2 
sharing period; or 3 
 
 (3) precludes a motor vehicle insurer from providing coverage for a shared 4 
vehicle owner’s vehicle while the vehicle is made available or used through a peer–to–peer 5 
car sharing program if the motor vehicle insurer elects to do so by contract or endorsement. 6 
 
 (h)] (1) Coverage under a motor vehicle liability insurance policy maintained 7 
by a peer–to–peer car sharing program may not be dependent on the denial of a claim by 8 
another motor vehicle insurer. 9 
 
 (2) A motor vehicle insurer of a personal motor vehicle liability insurance 10 
policy may not be required to first deny a claim. 11 
 
 [(i)] (H) A peer–to–peer car sharing program and a shared vehicle owner shall 12 
be exempt from vicarious liability [in accordance] CONSISTENT with 49 U.S.C. § 30106 13 
and under any state or local law that imposes liability solely based on vehicle ownership. 14 
 
 [(j)] (I) In a claim coverage investigation following a vehicular accident, a  15 
peer–to–peer car sharing program shall cooperate to facilitate the exchange of information 16 
with directly involved parties and any motor vehicle insurer of a shared vehicle owner 17 
regarding the vehicle’s use in a peer–to–peer car sharing program. 18 
 
Article – Transportation 19 
 
18.5–102. 20 
 
 (a) (1) A peer–to–peer car sharing program shall ensure that, during each car 21 
sharing period, the shared vehicle owner and the shared vehicle driver are insured under 22 
a motor vehicle liability insurance policy in accordance with § 19–520 of the Insurance 23 
Article. 24 
 
 (2) (i) In this paragraph, “replacement vehicle” means a motor vehicle 25 
that is used in a peer–to–peer car sharing program while a motor vehicle owned by the 26 
individual is not in use because of loss, as “loss” is defined in that individual’s applicable 27 
private passenger automobile insurance policy, or because of breakdown, repair, service, or 28 
damage. 29 
 
 (ii) Subject to subparagraph (iii) of this paragraph, a replacement 30 
vehicle OR SHARED MOTOR VEHI CLE that is made available through a peer–to–peer car 31 
sharing program may be deemed to have satisfied the requirement of paragraph (1) of this 32 
subsection by maintaining the minimum amount of security required under § 17–103 of 33 
this article that is secondary to any other valid and collectible coverage and that extends 34 
coverage to the owner’s motor vehicle in amounts required under § 17–103(b) of this article 35 
while it is used as a replacement vehicle OR SHARED MOTOR VEHICLE . 36   	SENATE BILL 771 	11 
 
 
 
 (iii) For a replacement vehicle that is made available through a  1 
peer–to–peer car sharing program, the peer–to–peer car sharing program agreement for 2 
the replacement vehicle to be signed by a shared vehicle owner and a shared vehicle driver 3 
shall contain a provision on the face of the peer–to–peer car sharing program agreement, 4 
in at least 10 point bold type, that informs the shared vehicle driver and the shared vehicle 5 
owner that the coverage on the vehicle being serviced or repaired is primary coverage for 6 
the replacement vehicle and the coverage maintained by the peer–to–peer car sharing 7 
program on the replacement vehicle is secondary. 8 
 
 (b) Notwithstanding any provision of a peer–to–peer car sharing program 9 
agreement to the contrary, the security required under this section shall cover the shared 10 
vehicle owner and each person driving or using the shared motor vehicle with the 11 
permission of the owner or the peer–to–peer car sharing program. 12 
 
18.5–108. 13 
 
 (a) (1) A peer–to–peer car sharing program may charge a shared vehicle driver 14 
a separately stated fee to recover the following costs incurred by the peer–to–peer car 15 
sharing program: 16 
 
 [(1)] (I) Any concession fees paid to a government –owned or 17 
government–operated: 18 
 
 [(i)] 1. Airport; or 19 
 
 [(ii)] 2. Other entity; and 20 
 
 [(2)] (II) Any other fee or charge imposed by a governmental entity. 21 
 
 [(b)] (2) If a peer–to–peer car sharing program advertises the rate available for 22 
a shared motor vehicle in the State, the fees authorized under this [section] SUBSECTION 23 
shall be clearly disclosed in the advertisement. 24 
 
 (B) A PEER–TO–PEER CAR SHARING PRO GRAM MAY T RANSFER MONETARY 25 
LIABILITY AND CHARGE A SHARED VEHICLE DRI VER FOR ANY TOLL , FEE, CHARGE, 26 
OR FINE IMPOSED FOR ANY ACT OR OMISSION INVOLVING THE SHARED MOTOR 27 
VEHICLE THAT OCCURRE D WHILE THE VEHICLE WAS UNDER THE CONTRO L OR 28 
POSSESSION OF THE SH ARED VEHICLE DR IVER DURING THE CAR SHARING PERIOD . 29 
 
21–202.1. 30 
 
 (a) (1) In this section the following words have the meanings indicated. 31 
 
 (3) (i) “Owner” means the registered owner of a motor vehicle or a 32 
lessee of a motor vehicle under a lease of 6 months or more. 33  12 	SENATE BILL 771  
 
 
 
 (ii) “Owner” does not include [a]: 1 
 
 1. A motor vehicle rental or leasing company [or a]; 2 
 
 2. A holder of a special registration plate issued under Title 3 
13, Subtitle 9, Part III of this article; OR 4 
 
 3. A PEER–TO–PEER CAR SHARING PRO GRAM UNDER § 5 
19–520 OF THE INSURANCE ARTICLE. 6 
 
 (5) “Traffic control signal monitoring system” means a device with one or 7 
more motor vehicle sensors working in conjunction with a traffic control signal to produce 8 
recorded images of motor vehicles entering an intersection against a red signal indication. 9 
 
 (d) (1) Unless the driver of the motor vehicle received a citation from a police 10 
officer at the time of the violation, the owner or, in accordance with subsection (g)(5) of this 11 
section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 12 
recorded by a traffic control signal monitoring system while being operated in violation of 13 
§ 21–202(h) of this subtitle. 14 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 
October 1, 2025. 16 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.