22 | | - | SECTION 1. Chapter 27-8.3 of the General Laws entitled "Peer-To-Peer Car Sharing 1 |
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23 | | - | Program [Effective April 1, 2023.]" is hereby repealed in its entirety. 2 |
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24 | | - | CHAPTER 27-8.3 3 |
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25 | | - | Peer-To-Peer Car Sharing Program [Effective April 1, 2023.] 4 |
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26 | | - | 27-8.3-1. Short title. [Effective April 1, 2023.] 5 |
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27 | | - | This act shall be known and may be cited as the “Peer-to-Peer Car Sharing Program”. 6 |
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28 | | - | 27-8.3-2. Applicability. [Effective April 1, 2023.] 7 |
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29 | | - | The provisions of this chapter apply notwithstanding any law, rule, or regulation to the 8 |
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30 | | - | contrary. Where any provision of this chapter conflicts with any other provision of law, the 9 |
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31 | | - | provisions of this chapter shall supersede any such conflicting or contradictory provision. 10 |
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32 | | - | 27-8.3-3. Definitions. [Effective April 1, 2023.] 11 |
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33 | | - | Except as otherwise provided, the following definitions apply throughout this chapter: 12 |
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34 | | - | (1) “Car sharing delivery period” means the period of time during which a shared vehicle 13 |
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35 | | - | is being delivered to the location of the car sharing start time, if applicable, as documented by the 14 |
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36 | | - | governing car sharing program agreement. 15 |
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37 | | - | (2) “Car sharing period” means the period of time that commences with the car sharing 16 |
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38 | | - | delivery period or, if there is no car sharing delivery period, that commences with the car sharing 17 |
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39 | | - | start time and in either case ends at the car sharing termination time. 18 |
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40 | | - | (3) “Car sharing program agreement” means the terms and conditions applicable to a shared 19 |
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| 22 | + | SECTION 1. Section 27-8.3-2 of the General Laws in Chapter 27-8.3 entitled "Peer-To-1 |
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| 23 | + | Peer Car Sharing Program [Effective April 1, 2023.]" is hereby repealed. 2 |
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| 24 | + | 27-8.3-2. Applicability. [Effective April 1, 2023.] 3 |
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| 25 | + | The provisions of this chapter apply notwithstanding any law, rule, or regulation to the 4 |
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| 26 | + | contrary. Where any provision of this chapter conflicts with any other provision of law, the 5 |
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| 27 | + | provisions of this chapter shall supersede any such conflicting or contradictory provision. 6 |
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| 28 | + | SECTION 2. Section 27-8.3-3 of the General Laws in Chapter 27-8.3 entitled "Peer-To-7 |
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| 29 | + | Peer Car Sharing Program [Effective April 1, 2023.]" is hereby amended to read as follows: 8 |
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| 30 | + | 27-8.3-3. Definitions. [Effective April 1, 2023.] 9 |
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| 31 | + | (a) Except as otherwise provided, the following definitions apply throughout this chapter: 10 |
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| 32 | + | (1) “Car sharing delivery period” means the period of time during which a shared vehicle 11 |
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| 33 | + | is being delivered to the location of the car sharing start time, if applicable, as documented by the 12 |
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| 34 | + | governing car sharing program agreement. 13 |
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| 35 | + | (2) “Car sharing period” means the period of time that commences with the car sharing 14 |
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| 36 | + | delivery period or, if there is no car sharing delivery period, that commences with the car sharing 15 |
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| 37 | + | start time and in either case ends at the car sharing termination time. 16 |
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| 38 | + | (3) “Car sharing program agreement” means the terms and conditions applicable to a shared 17 |
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| 39 | + | vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-18 |
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| 40 | + | to-peer car sharing program. “Car sharing program agreement” does not mean a rental car 19 |
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43 | | - | LC002726/SUB A - Page 2 of 9 |
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44 | | - | vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-1 |
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45 | | - | to-peer car sharing program. “Car sharing program agreement” does not mean a rental car 2 |
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46 | | - | agreement, issued by a motor vehicle rental company as defined in § 31-34.1-1. 3 |
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47 | | - | (4) “Car sharing start time” means the time when the shared vehicle becomes subject to the 4 |
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48 | | - | control of the shared vehicle driver at or after the time the reservation of a shared vehicle is 5 |
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49 | | - | scheduled to begin as documented in the records of a peer-to-peer car sharing program. 6 |
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50 | | - | (5) “Car sharing termination time” means the earliest of the following events: 7 |
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51 | | - | (i) The expiration of the agreed upon period of time established for the use of a shared 8 |
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52 | | - | vehicle according to the terms of the car sharing program agreement if the shared vehicle is 9 |
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53 | | - | delivered to the location agreed upon in the car sharing program agreement; 10 |
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54 | | - | (ii) When the shared vehicle is returned to a location as alternatively agreed upon by the 11 |
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55 | | - | shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing 12 |
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56 | | - | program, which alternatively agreed upon location shall be incorporated into the car sharing 13 |
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57 | | - | program agreement; or 14 |
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58 | | - | (iii) When the shared vehicle owner or the shared vehicle owner’s authorized designee, 15 |
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59 | | - | takes possession and control of the shared vehicle. 16 |
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60 | | - | (6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other 17 |
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61 | | - | than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” 18 |
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62 | | - | does not mean rental car or rental activity as described in chapter 34.1 of title 31. 19 |
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63 | | - | (7) “Peer-to-peer car sharing program” means a business platform that connects vehicle 20 |
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64 | | - | owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car 21 |
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65 | | - | sharing program” does not mean a rental car company as defined in § 31-34.1-1. 22 |
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66 | | - | (8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer 23 |
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67 | | - | car sharing program. “Shared vehicle” does not mean a rental car or rental vehicle as described in 24 |
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68 | | - | § 31-34.1-1(4). 25 |
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69 | | - | (9) “Shared vehicle driver” means an individual who has been authorized to drive the 26 |
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70 | | - | shared vehicle by the shared vehicle owner under a car sharing program agreement. 27 |
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71 | | - | (10) “Shared vehicle owner” means the registered owner, or a person or entity designated 28 |
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72 | | - | by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through 29 |
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73 | | - | a peer-to-peer car sharing program. Shared vehicle owner does not mean “rental company” as 30 |
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74 | | - | defined in § 31-34.1-1(4). 31 |
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75 | | - | 27-8.3-4. Insurance coverage during car sharing period. [Effective April 1, 2023.] 32 |
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76 | | - | (a) A peer-to-peer car sharing program shall assume liability, except as provided in 33 |
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77 | | - | subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to 34 |
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| 43 | + | LC002726 - Page 2 of 4 |
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| 44 | + | agreement, issued by a motor vehicle rental company as defined in § 31-34.1-1. 1 |
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| 45 | + | (4) “Car sharing start time” means the time when the shared vehicle becomes subject to the 2 |
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| 46 | + | control of the shared vehicle driver at or after the time the reservation of a shared vehicle is 3 |
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| 47 | + | scheduled to begin as documented in the records of a peer-to-peer car sharing program. 4 |
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| 48 | + | (5) “Car sharing termination time” means the earliest of the following events: 5 |
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| 49 | + | (i) The expiration of the agreed upon period of time established for the use of a shared 6 |
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| 50 | + | vehicle according to the terms of the car sharing program agreement if the shared vehicle is 7 |
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| 51 | + | delivered to the location agreed upon in the car sharing program agreement; 8 |
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| 52 | + | (ii) When the shared vehicle is returned to a location as alternatively agreed upon by the 9 |
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| 53 | + | shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing 10 |
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| 54 | + | program, which alternatively agreed upon location shall be incorporated into the car sharing 11 |
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| 55 | + | program agreement; or 12 |
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| 56 | + | (iii) When the shared vehicle owner or the shared vehicle owner’s authorized designee, 13 |
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| 57 | + | takes possession and control of the shared vehicle. 14 |
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| 58 | + | (6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other 15 |
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| 59 | + | than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” 16 |
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| 60 | + | does not mean rental car or rental activity as described in chapter 34.1 of title 31. 17 |
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| 61 | + | (7) “Peer-to-peer car sharing program” means a business platform that connects vehicle 18 |
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| 62 | + | owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car 19 |
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| 63 | + | sharing program” does not mean a rental car company as defined in § 31-34.1-1. 20 |
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| 64 | + | (8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer 21 |
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| 65 | + | car sharing program. “Shared vehicle” does not mean a rental car or rental vehicle as described in 22 |
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| 66 | + | § 31-34.1-1(4). 23 |
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| 67 | + | (9) “Shared vehicle driver” means an individual who has been authorized to drive the 24 |
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| 68 | + | shared vehicle by the shared vehicle owner under a car sharing program agreement. 25 |
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| 69 | + | (10) “Shared vehicle owner” means the registered owner, or a person or entity designated 26 |
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| 70 | + | by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through 27 |
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| 71 | + | a peer-to-peer car sharing program. Shared vehicle owner does not mean “rental company” as 28 |
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| 72 | + | defined in § 31-34.1-1(4). 29 |
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| 73 | + | (b) "Peer-to-peer car sharing", "peer-to-peer car sharing program" and "car sharing 30 |
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| 74 | + | program agreement" as defined in this section are not considered rental vehicle activity under § 31-31 |
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| 75 | + | 34.1 et seq.; provided that, a shared vehicle owner does not share more than five (5) vehicles 32 |
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| 76 | + | through one or more peer-to-peer car sharing programs in one calendar year pursuant to § 31-5-33. 33 |
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| 77 | + | SECTION 3. Chapter 27-8.3 of the General Laws entitled "Peer-To-Peer Car Sharing 34 |
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80 | | - | LC002726/SUB A - Page 3 of 9 |
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81 | | - | third parties or uninsured and underinsured motorist or personal injury protection losses during the 1 |
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82 | | - | car sharing period in an amount stated in the peer-to-peer car sharing program agreement which 2 |
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83 | | - | amount may not be less than those set forth in § 31-32-2. 3 |
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84 | | - | (b) Notwithstanding the definition of “car sharing termination time” as set forth in § 27-4 |
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85 | | - | 8.3-3, the assumption of liability under subsection (a) of this section does not apply to any shared 5 |
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86 | | - | vehicle owner when: 6 |
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87 | | - | (1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation 7 |
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88 | | - | or omission to the peer-to-peer car sharing program before the car sharing period in which the loss 8 |
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89 | | - | occurred; or 9 |
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90 | | - | (2) Acting in concert with a shared vehicle driver who fails to return the shared vehicle 10 |
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91 | | - | pursuant to the terms of a car sharing program agreement. 11 |
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92 | | - | (c) Notwithstanding the definition of “car sharing termination time” as set forth in § 27-12 |
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93 | | - | 8.3-3, the assumption of liability under subsection (a) of this section would apply to bodily injury, 13 |
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94 | | - | property damage, uninsured and underinsured motorist or personal injury protection losses by 14 |
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95 | | - | damaged third parties required by § 31-32-2. 15 |
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96 | | - | (d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, 16 |
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97 | | - | the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability 17 |
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98 | | - | insurance policy that provides insurance coverage in amounts no less than the minimum amounts 18 |
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99 | | - | set forth in § 31-32-2, and: 19 |
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100 | | - | (1) Recognizes that the shared vehicle insured under the policy is made available and used 20 |
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101 | | - | through a peer-to-peer car sharing program; or 21 |
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102 | | - | (2) Does not exclude use of a shared vehicle by a shared vehicle driver. 22 |
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103 | | - | (e) The insurance described under subsection (d) of this section may be satisfied by motor 23 |
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104 | | - | vehicle liability insurance maintained by: 24 |
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105 | | - | (1) A shared vehicle owner; 25 |
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106 | | - | (2) A shared vehicle driver; 26 |
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107 | | - | (3) A peer-to-peer car sharing program; or 27 |
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108 | | - | (4) Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car sharing 28 |
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109 | | - | program. 29 |
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110 | | - | (f) The insurance described in subsection (e) of this section that is satisfying the insurance 30 |
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111 | | - | requirement of subsection (d) of this section shall be primary during each car sharing period and in 31 |
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112 | | - | the event that a claim occurs in another state with minimum financial responsibility limits higher 32 |
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113 | | - | than the limits contained in § 31-32-2, during the car sharing period, the coverage maintained under 33 |
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114 | | - | subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the 34 |
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115 | | - | |
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116 | | - | |
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117 | | - | LC002726/SUB A - Page 4 of 9 |
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118 | | - | applicable policy limits. 1 |
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119 | | - | (g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under 2 |
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120 | | - | subsection (d) or (e) of this section shall assume primary liability for a claim when: 3 |
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121 | | - | (1) A dispute exists as to who was in control of the shared motor vehicle at the time of the 4 |
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122 | | - | loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to 5 |
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123 | | - | provide the information required by this section; or 6 |
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124 | | - | (2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed 7 |
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125 | | - | upon location as required under § 27-8.3-3(5). 8 |
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126 | | - | (h) If insurance maintained by a shared vehicle owner or shared vehicle driver in 9 |
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127 | | - | accordance with subsection (e) of this section has lapsed or does not provide the required coverage, 10 |
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128 | | - | insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by 11 |
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129 | | - | subsection (d) of this section beginning with the first dollar of a claim and have the duty to defend 12 |
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130 | | - | such claim except under circumstances as set forth in subsection (b) of this section. 13 |
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131 | | - | (i) Coverage under an automobile insurance policy maintained by the peer-to-peer car 14 |
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132 | | - | sharing program shall not be dependent on another automobile insurer first denying a claim nor 15 |
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133 | | - | shall another automobile insurance policy be required to first deny a claim. 16 |
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134 | | - | (j) Nothing in this chapter: 17 |
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135 | | - | (1) Limits the liability of the peer-to-peer car sharing program for any act or omission of 18 |
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136 | | - | the peer-to-peer car sharing program itself that results in injury to any person as a result of the use 19 |
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137 | | - | of a shared vehicle through a peer-to-peer car sharing program; or 20 |
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138 | | - | (2) Limits the ability of the peer-to-peer car sharing program to, by contract, seek 21 |
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139 | | - | indemnification from the shared vehicle owner or the shared vehicle driver for economic loss 22 |
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140 | | - | sustained by the peer-to-peer car sharing program resulting from a breach of the terms and 23 |
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141 | | - | conditions of the car sharing program agreement. 24 |
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142 | | - | 27-8.3-5. Notification of implications of lien. [Effective April 1, 2023.] 25 |
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143 | | - | At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car 26 |
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144 | | - | sharing program and prior to the time when the shared vehicle owner makes a shared vehicle 27 |
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145 | | - | available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing 28 |
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146 | | - | program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the 29 |
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147 | | - | use of the shared vehicle through a peer-to-peer car sharing program, including use without physical 30 |
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148 | | - | damage coverage, may violate the terms of the contract with the lienholder. 31 |
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149 | | - | 27-8.3-6. Exclusions in motor vehicle liability insurance policies. [Effective April 1, 32 |
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150 | | - | 2023.] 33 |
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151 | | - | (a) An authorized insurer that writes motor vehicle liability insurance in this state may 34 |
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152 | | - | |
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153 | | - | |
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154 | | - | LC002726/SUB A - Page 5 of 9 |
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155 | | - | exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a 1 |
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156 | | - | shared vehicle owner’s motor vehicle liability insurance policy, including, but not limited to: 2 |
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157 | | - | (1) Liability coverage for bodily injury and property damage; 3 |
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158 | | - | (2) Uninsured and underinsured motorist coverage; 4 |
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159 | | - | (3) Medical payments coverage; 5 |
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160 | | - | (4) Comprehensive physical damage coverage; and 6 |
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161 | | - | (5) Collision physical damage coverage. 7 |
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162 | | - | (b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle 8 |
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163 | | - | liability insurance policy, including any insurance policy in use or approved for use that excludes 9 |
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164 | | - | coverage for motor vehicles made available for rent, sharing, or hire or for any business use. 10 |
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165 | | - | (c) Nothing in this chapter invalidates, limits, or restricts an insurer’s ability under existing 11 |
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166 | | - | law to underwrite any insurance policy. Nothing in this chapter invalidates, limits, or restricts an 12 |
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167 | | - | insurer’s ability under existing law to cancel and non-renew policies. 13 |
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168 | | - | 27-8.3-7. Recordkeeping — Use of vehicle in car sharing. [Effective April 1, 2023.] 14 |
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169 | | - | A peer-to-peer car sharing program shall collect and verify records pertaining to the use of 15 |
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170 | | - | a vehicle, including, but not limited to, times used, car sharing period pick up and drop off locations, 16 |
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171 | | - | fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and 17 |
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172 | | - | provide that information upon request to the shared vehicle owner, the shared vehicle owner’s 18 |
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173 | | - | insurer, or the shared vehicle driver’s insurer to facilitate a claim coverage investigation, settlement, 19 |
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174 | | - | negotiation, or litigation. The peer-to-peer car sharing program shall retain the records for a time 20 |
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175 | | - | period not less than four (4) years. 21 |
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176 | | - | 27-8.3-8. Exemptions. [Effective April 1, 2023.] 22 |
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177 | | - | (a) Vicarious liability. A peer-to-peer car sharing program and a shared vehicle owner 23 |
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178 | | - | shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or 24 |
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179 | | - | local law that imposes liability solely based on vehicle ownership. 25 |
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180 | | - | (b) Rental vehicle surcharge. The receipts of the peer-to-peer car sharing program and the 26 |
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181 | | - | receipts of the shared vehicle owner from peer-to-peer car sharing shall be exempt from the eight 27 |
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182 | | - | percent (8%) rental vehicle surcharge as set forth in § 31-34.1-2. 28 |
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183 | | - | 27-8.3-9. Contribution against indemnification. [Effective April 1, 2023.] 29 |
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184 | | - | A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is 30 |
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185 | | - | excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle 31 |
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186 | | - | insurer of the peer-to-peer car sharing program if the claim is: 32 |
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187 | | - | (1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury 33 |
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188 | | - | that occurs during the car sharing period; and 34 |
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189 | | - | |
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190 | | - | |
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191 | | - | LC002726/SUB A - Page 6 of 9 |
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192 | | - | (2) Excluded under the terms of its policy. 1 |
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193 | | - | 27-8.3-10. Insurable interest. [Effective April 1, 2023.] 2 |
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194 | | - | (a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-3 |
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195 | | - | peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing 4 |
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196 | | - | period. 5 |
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197 | | - | (b) Nothing in this section creates liability on a peer-to-peer car sharing program to 6 |
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198 | | - | maintain the coverage mandated by § 27-8.3-4. 7 |
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199 | | - | (c) A peer-to-peer car sharing program may own and maintain as the named insured one or 8 |
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200 | | - | more policies of motor vehicle liability insurance that provides coverage for: 9 |
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201 | | - | (1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car 10 |
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202 | | - | sharing program agreement; 11 |
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203 | | - | (2) Any liability of the shared vehicle owner; or 12 |
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204 | | - | (3) Damage or loss to the shared motor vehicle; or any liability of the shared vehicle driver. 13 |
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205 | | - | 27-8.3-11. Consumer protections disclosures. [Effective April 1, 2023.] 14 |
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206 | | - | Each car sharing program agreement made in this state shall disclose to the shared vehicle 15 |
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207 | | - | owner and the shared vehicle driver: 16 |
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208 | | - | (1) Any right of the peer-to-peer car sharing program to seek indemnification from the 17 |
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209 | | - | shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer 18 |
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210 | | - | car sharing program resulting from a breach of the terms and conditions of the car sharing program 19 |
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211 | | - | agreement; 20 |
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212 | | - | (2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for 21 |
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213 | | - | the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for 22 |
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214 | | - | any claim asserted by the peer-to-peer car sharing program; 23 |
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215 | | - | (3) That the peer-to-peer car sharing program’s insurance coverage on the shared vehicle 24 |
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216 | | - | owner and the shared vehicle driver is in effect only during each car sharing period and that, for 25 |
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217 | | - | any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the 26 |
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218 | | - | shared vehicle driver and the shared vehicle owner may not have insurance coverage; 27 |
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219 | | - | (4) The daily rate, fees, and if applicable, any insurance or protection package costs that 28 |
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220 | | - | are charged to the shared vehicle owner or the shared vehicle driver; 29 |
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221 | | - | (5) That the shared vehicle owner’s motor vehicle liability insurance may not provide 30 |
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222 | | - | coverage for a shared vehicle; 31 |
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223 | | - | (6) An emergency telephone number to personnel capable of fielding roadside assistance 32 |
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224 | | - | and other customer service inquiries; and 33 |
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225 | | - | (7) If there are conditions under which a shared vehicle driver must maintain a personal 34 |
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226 | | - | |
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227 | | - | |
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228 | | - | LC002726/SUB A - Page 7 of 9 |
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229 | | - | automobile insurance policy with certain applicable coverage limits on a primary basis in order to 1 |
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230 | | - | book a shared motor vehicle. 2 |
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231 | | - | 27-8.3-12. Driver’s license verification and data retention. [Effective April 1, 2023.] 3 |
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232 | | - | (a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing 4 |
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233 | | - | program agreement with a driver unless the driver who will operate the shared vehicle: 5 |
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234 | | - | (1) Holds a driver’s license issued under chapter 10 of title 31 that authorizes the driver to 6 |
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235 | | - | operate vehicles of the class of the shared vehicle; or 7 |
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236 | | - | (2) Is a nonresident who: 8 |
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237 | | - | (i) Has a driver’s license issued by the state or country of the driver’s residence that 9 |
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238 | | - | authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and 10 |
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239 | | - | (ii) Is at least the same age as that required of a resident to drive; or 11 |
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240 | | - | (3) Otherwise is specifically authorized by § 31-10-2 to drive vehicles of the class of the 12 |
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241 | | - | shared vehicle. 13 |
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242 | | - | (b) A peer-to-peer car sharing program shall keep a record of: 14 |
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243 | | - | (1) The name and address of the shared vehicle driver; 15 |
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244 | | - | (2) The number of the driver’s license of the shared vehicle driver and each other person, 16 |
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245 | | - | if any, who will operate the shared vehicle; and 17 |
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246 | | - | (3) The place of issuance of the driver’s license. 18 |
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247 | | - | 27-8.3-13. Responsibility for equipment. [Effective April 1, 2023.] 19 |
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248 | | - | A peer-to-peer car sharing program shall have sole responsibility for any equipment, such 20 |
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249 | | - | as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate 21 |
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250 | | - | the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for 22 |
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251 | | - | any damage to or theft of such equipment during the sharing period not caused by the vehicle 23 |
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252 | | - | owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle 24 |
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253 | | - | driver for any loss or damage to such equipment that occurs during the sharing period. 25 |
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254 | | - | 27-8.3-14. Automobile safety recalls. [Effective April 1, 2023.] 26 |
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255 | | - | (a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer 27 |
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256 | | - | car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle 28 |
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257 | | - | available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing 29 |
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258 | | - | program shall: 30 |
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259 | | - | (1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which 31 |
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260 | | - | the repairs have not been made; and 32 |
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261 | | - | (2) Notify the shared vehicle owner of the requirements under subsection (b) of this section. 33 |
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262 | | - | (b)(1) If the shared vehicle owner has received an actual notice of a safety recall on the 34 |
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263 | | - | |
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264 | | - | |
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265 | | - | LC002726/SUB A - Page 8 of 9 |
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266 | | - | vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-1 |
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267 | | - | peer car sharing program until the safety recall repair has been made. 2 |
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268 | | - | (2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle 3 |
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269 | | - | while the shared vehicle is made available on the peer-to-peer car sharing program, the shared 4 |
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270 | | - | vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, 5 |
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271 | | - | as soon as practicably possible after receiving the notice of the safety recall and until the safety 6 |
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272 | | - | recall repair has been made. 7 |
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273 | | - | (3) If a shared vehicle owner receives an actual notice of a safety recall while the shared 8 |
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274 | | - | vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible 9 |
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275 | | - | after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer 10 |
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276 | | - | car sharing program about the safety recall in order that the shared vehicle owner may address the 11 |
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277 | | - | safety recall repair. 12 |
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278 | | - | SECTION 2. This act shall take effect upon passage. 13 |
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| 80 | + | LC002726 - Page 3 of 4 |
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| 81 | + | Program [Effective April 1, 2023.]" is hereby amended by adding thereto the following section: 1 |
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| 82 | + | 27-8.3-15. Shared vehicle owner certification requirements. 2 |
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| 83 | + | (a) A peer-to-peer vehicle sharing program shall require all shared vehicle owners to certify 3 |
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| 84 | + | to the peer-to-peer sharing program whether the shared vehicle owner or any affiliate or subsidiary 4 |
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| 85 | + | has registered more than five (5) different shared vehicles on any combination of platforms at any 5 |
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| 86 | + | one time. 6 |
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| 87 | + | (b) A shared vehicle owner is under a continuing obligation to immediately notify all peer-7 |
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| 88 | + | to-peer car sharing programs upon which they have vehicles registered, if the registration of a 8 |
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| 89 | + | shared vehicle on a platform will cause the shared vehicle owner to exceed five (5) or more different 9 |
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| 90 | + | shared vehicles registered on any combination of peer-to-peer vehicle sharing programs at any one 10 |
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| 91 | + | time. Such notification shall occur prior to sharing any additional shared vehicles on any platforms, 11 |
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| 92 | + | not including those already subject to a vehicle sharing program agreement at the time the 12 |
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| 93 | + | additional vehicle is registered with the program by the shared vehicle owner. 13 |
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| 94 | + | (c) Failure by the shared vehicle owner to immediately notify any program shall subject 14 |
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| 95 | + | the shared vehicle owner to payment of the taxes due and applicable penalties. 15 |
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| 96 | + | (d) Any affirmation or notification by the shared vehicle owner of the required 16 |
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| 97 | + | certifications shall require the peer-to-peer vehicle sharing program to collect any and all applicable 17 |
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| 98 | + | taxes. 18 |
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| 99 | + | SECTION 4. This act shall take effect on April 1, 2023. 19 |
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