SB 548 — An Act amending Titles 40 (Insurance) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for peer-to-peer car sharing; and, in financial responsibility, providing for group insurance for peer-to-peer car sharing programs.

AUTOMOBILE SAFETY RECALLS.

1109.

REGULATIONS.

§ 1101.

SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO PEER-TO-PEER CAR SHARING.

§ 1102.

INTENT.

THIS CHAPTER IS INTENDED TO GOVERN THE INTERSECTION OF PEER- TO-PEER CAR SERVICES AND THE STATE-REGULATED BUSINESS OF INSURANCE.

NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO EXTEND 20210SB0548PN1805 - 18 - BEYOND INSURANCE OR HAVE IMPLICATIONS FOR OTHER LAW OF THIS STATE, INCLUDING MOTOR VEHICLE REGULATION, AIRPORT REGULATION OR TAXATION.

§ 1103.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"CAR SHARING DELIVERY PERIOD." THE PERIOD OF TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF THE CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY A GOVERNING CAR SHARING PROGRAM AGREEMENT.

"CAR SHARING PERIOD." THE PERIOD OF TIME THAT COMMENCES WITH A CAR SHARING DELIVERY PERIOD OR, IF THERE IS NO CAR SHARING DELIVERY PERIOD, THAT COMMENCES WITH A CAR SHARING START TIME AND IN EITHER CASE ENDS AT A CAR SHARING TERMINATION TIME.

"CAR SHARING PROGRAM AGREEMENT." 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.

THE TERM DOES NOT INCLUDE A RENTAL CAR AGREEMENT.

"CAR SHARING START TIME." THE TIME WHEN A SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE DRIVER AT OR AFTER THE TIME THE RESERVATION OF THE SHARED VEHICLE IS SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO- PEER CAR SHARING PROGRAM.

"CAR SHARING TERMINATION TIME." THE EARLIEST OF THE FOLLOWING EVENTS:

(1) THE EXPIRATION OF THE AGREED-UPON PERIOD OF TIME ESTABLISHED FOR THE USE OF A SHARED VEHICLE ACCORDING TO THE TERMS OF THE CAR SHARING PROGRAM AGREEMENT IF THE SHARED 20210SB0548PN1805 - 19 - VEHICLE IS DELIVERED TO THE LOCATION AGREED UPON IN THE CAR SHARING PROGRAM AGREEMENT;

(2) A SHARED VEHICLE IS RETURNED TO A LOCATION AS ALTERNATIVELY AGREED UPON BY THE SHARED VEHICLE OWNER AND SHARED VEHICLE DRIVER AS COMMUNICATED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, WHICH ALTERNATIVELY AGREED-UPON LOCATION SHALL BE INCORPORATED INTO THE CAR SHARING PROGRAM AGREEMENT;

OR (3) A SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S AUTHORIZED DESIGNEE, TAKES POSSESSION AND CONTROL OF THE SHARED VEHICLE.

"PEER-TO-PEER CAR SHARING." THE AUTHORIZED USE OF A VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A PEER- TO-PEER CAR SHARING PROGRAM.

THE TERM DOES NOT INCLUDE A RENTAL CAR OBTAINED THROUGH A RENTAL CAR COMPANY.

"PEER-TO-PEER CAR SHARING PROGRAM." A BUSINESS PLATFORM THAT CONNECTS VEHICLE OWNERS WITH DRIVERS TO ENABLE THE SHARING OF VEHICLES FOR FINANCIAL CONSIDERATION.

"RENTAL CAR" OR "RENTAL VEHICLE." A PRIVATE PASSENGER MOTOR VEHICLE DESIGNED TO TRANSPORT 15 OR FEWER PASSENGERS OR A TRUCK, TRAILER OR SEMITRAILER USED IN THE TRANSPORTATION OF PROPERTY OTHER THAN COMMERCIAL FREIGHT, THAT IS RENTED WITHOUT A DRIVER AND IS PART OF A FLEET OF FIVE OR MORE SUCH VEHICLES USED FOR THAT PURPOSE, OWNED OR LEASED BY THE SAME PERSON OR ENTITY.

"RENTAL CAR COMPANY." A BUSINESS ENTITY ENGAGED IN THE BUSINESS OF RENTING RENTAL VEHICLES IN THIS COMMONWEALTH.

"SHARED VEHICLE." A VEHICLE THAT IS AVAILABLE FOR SHARING THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.

THE TERM DOES NOT INCLUDE A RENTAL CAR OR RENTAL VEHICLE.

"SHARED VEHICLE DRIVER." AN INDIVIDUAL WHO HAS BEEN 20210SB0548PN1805 - 20 - AUTHORIZED TO DRIVE A SHARED VEHICLE BY THE SHARED VEHICLE OWNER UNDER A CAR SHARING PROGRAM AGREEMENT.

"SHARED VEHICLE OWNER." THE REGISTERED OWNER, OR A PERSON OR ENTITY DESIGNATED BY THE REGISTERED OWNER, OF A VEHICLE MADE AVAILABLE FOR SHARING TO SHARED VEHICLE DRIVERS THROUGH A PEER- TO-PEER CAR SHARING PROGRAM.

§ 1104.

INSURANCE.

(A) INSURANCE COVERAGE DURING CAR SHARING PERIOD.-- (1) A PEER-TO-PEER CAR SHARING PROGRAM SHALL ASSUME LIABILITY, EXCEPT AS PROVIDED UNDER PARAGRAPH (2), OF A SHARED VEHICLE OWNER FOR 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 CAR SHARING PROGRAM AGREEMENT WHICH AMOUNT MAY NOT BE LESS THAN THOSE SPECIFIED IN 75 PA.C.S.

CH.

17 (RELATING TO FINANCIAL RESPONSIBILITY).

(2) NOTWITHSTANDING THE DEFINITION OF "CAR SHARING TERMINATION TIME," THE ASSUMPTION OF LIABILITY UNDER PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY TO A SHARED VEHICLE OWNER WHEN:

(I) THE SHARED VEHICLE OWNER MAKES AN INTENTIONAL OR FRAUDULENT MATERIAL MISREPRESENTATION OR OMISSION TO THE PEER-TO-PEER CAR SHARING PROGRAM BEFORE THE CAR SHARING PERIOD IN WHICH THE LOSS OCCURRED;

OR (II) ACTING IN CONCERT WITH A SHARED VEHICLE DRIVER WHO FAILS TO RETURN THE SHARED VEHICLE PURSUANT TO THE TERMS OF CAR SHARING PROGRAM AGREEMENT.

(3) NOTWITHSTANDING THE DEFINITION OF "CAR SHARING TERMINATION TIME," THE ASSUMPTION OF LIABILITY UNDER PARAGRAPH (1) SHALL APPLY TO BODILY INJURY, PROPERTY DAMAGE, 20210SB0548PN1805 - 21 - UNINSURED AND UNDERINSURED MOTORIST OR PERSONAL INJURY PROTECTION LOSSES BY DAMAGED THIRD PARTIES REQUIRED BY 75 PA.C.S.

CH.

17.

(4) 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 THE MINIMUM AMOUNTS SPECIFIED IN 75 PA.C.S.

CH.

17 AND:

(I) RECOGNIZES THAT THE SHARED VEHICLE INSURED UNDER THE POLICY IS MADE AVAILABLE AND USED THROUGH A PEER-TO- PEER CAR SHARING PROGRAM;

OR (II) DOES NOT EXCLUDE USE OF A SHARED VEHICLE BY A SHARED VEHICLE DRIVER.

(5) THE INSURANCE DESCRIBED UNDER PARAGRAPH (4) MAY BE SATISFIED BY MOTOR VEHICLE LIABILITY INSURANCE MAINTAINED BY:

(I) A SHARED VEHICLE OWNER;

(II) A SHARED VEHICLE DRIVER;

(III) A PEER-TO-PEER CAR SHARING PROGRAM;

OR (IV) A SHARED VEHICLE OWNER, A SHARED VEHICLE DRIVER AND A PEER-TO-PEER CAR SHARING PROGRAM.

(6) THE INSURANCE DESCRIBED UNDER PARAGRAPH (5) THAT SATISFIES THE INSURANCE REQUIREMENT OF PARAGRAPH (4) SHALL BE PRIMARY DURING EACH CAR SHARING PERIOD AND IN THE EVENT THAT A CLAIM OCCURS IN ANOTHER STATE WITH MINIMUM FINANCIAL RESPONSIBILITY LIMITS HIGHER THAN SPECIFIED IN 75 PA.C.S.

CH.

17, DURING THE CAR SHARING PERIOD, THE COVERAGE MAINTAINED UNDER PARAGRAPH (5) SHALL SATISFY THE DIFFERENCE IN MINIMUM COVERAGE AMOUNTS, UP TO THE APPLICABLE POLICY LIMITS.

(7) THE INSURER, INSURERS OR PEER-TO-PEER CAR SHARING 20210SB0548PN1805 - 22 - PROGRAM PROVIDING COVERAGE UNDER PARAGRAPH (4) OR (5) SHALL ASSUME PRIMARY LIABILITY FOR A CLAIM WHEN:

(I) A DISPUTE EXISTS AS TO WHO WAS IN CONTROL OF THE SHARED VEHICLE AT THE TIME OF THE LOSS AND THE PEER-TO- PEER CAR SHARING PROGRAM DOES NOT HAVE AVAILABLE, DID NOT RETAIN, OR FAILS TO PROVIDE THE INFORMATION REQUIRED BY SUBSECTION (D);

OR (II) A DISPUTE EXISTS AS TO WHETHER THE SHARED VEHICLE WAS RETURNED TO THE ALTERNATIVELY AGREED-UPON LOCATION AS REQUIRED BY THIS CHAPTER.

(8) IF INSURANCE MAINTAINED BY A SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER IN ACCORDANCE WITH PARAGRAPH (5) HAS LAPSED OR DOES NOT PROVIDE THE REQUIRED COVERAGE, INSURANCE MAINTAINED BY A PEER-TO-PEER CAR SHARING PROGRAM SHALL PROVIDE THE COVERAGE REQUIRED BY PARAGRAPH (4) BEGINNING WITH THE FIRST DOLLAR OF A CLAIM AND HAVE THE DUTY TO DEFEND SUCH CLAIM EXCEPT UNDER CIRCUMSTANCES AS PROVIDED UNDER PARAGRAPH (2).

(9) COVERAGE UNDER AN AUTOMOBILE INSURANCE POLICY MAINTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT BE DEPENDENT ON ANOTHER AUTOMOBILE INSURER FIRST DENYING A CLAIM NOR SHALL ANOTHER AUTOMOBILE INSURANCE POLICY BE REQUIRED TO FIRST DENY A CLAIM.

(10) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:

(I) LIMIT THE LIABILITY OF THE PEER-TO-PEER CAR SHARING PROGRAM FOR AN ACT OR OMISSION OF THE PEER-TO- PEER CAR SHARING PROGRAM ITSELF THAT RESULTS IN INJURY TO A PERSON AS A RESULT OF THE USE OF A SHARED VEHICLE THROUGH A PEER-TO-PEER CAR SHARING PROGRAM;

OR (II) LIMIT THE ABILITY OF THE PEER-TO-PEER CAR 20210SB0548PN1805 - 23 - SHARING PROGRAM TO, BY CONTRACT, SEEK INDEMNIFICATION FROM A SHARED VEHICLE OWNER OR A SHARED VEHICLE DRIVER FOR ECONOMIC LOSS SUSTAINED BY A PEER-TO-PEER CAR SHARING PROGRAM RESULTING FROM A BREACH OF THE TERMS AND CONDITIONS OF THE CAR SHARING PROGRAM AGREEMENT.

(B) NOTIFICATION OF IMPLICATIONS OF LIEN.--AT THE TIME WHEN A VEHICLE OWNER REGISTERS AS A SHARED VEHICLE OWNER ON A PEER- TO-PEER CAR SHARING PROGRAM AND PRIOR TO THE TIME WHEN THE SHARED VEHICLE OWNER MAKES A SHARED VEHICLE AVAILABLE FOR CAR SHARING 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.

(C) EXCLUSIONS IN MOTOR VEHICLE LIABILITY INSURANCE POLICIES.-- (1) AN AUTHORIZED INSURER THAT WRITES MOTOR VEHICLE LIABILITY INSURANCE IN THIS COMMONWEALTH MAY EXCLUDE ANY AND ALL COVERAGE AND THE DUTY TO DEFEND OR INDEMNIFY FOR A CLAIM AFFORDED UNDER A SHARED VEHICLE OWNER'S MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING:

(I) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;

(II) PERSONAL INJURY PROTECTION COVERAGE;

(III) UNINSURED AND UNDERINSURED MOTORIST COVERAGE;

(IV) MEDICAL PAYMENTS COVERAGE;

(V) COMPREHENSIVE PHYSICAL DAMAGE COVERAGE;

AND (VI) COLLISION PHYSICAL DAMAGE COVERAGE.

(2) NOTHING IN THIS CHAPTERS SHALL BE CONSTRUED TO:

20210SB0548PN1805 - 24 - (I) INVALIDATE OR LIMIT AN EXCLUSION CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING AN 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.

(II) INVALIDATE, LIMIT OR RESTRICT AN INSURER'S ABILITY UNDER EXISTING LAW TO UNDERWRITE ANY INSURANCE POLICY.

(III) INVALIDATE, LIMIT OR RESTRICT AN INSURER'S ABILITY UNDER EXISTING LAW TO CANCEL AND NONRENEW POLICY.

(D) RECORDKEEPING AND USE OF VEHICLE IN CAR SHARING.-- (1) A PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT AND VERIFY RECORDS PERTAINING TO THE USE OF A VEHICLE, INCLUDING TIMES USED, CAR SHARING PERIOD PICKUP AND DROP OFF LOCATIONS, 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 OWNER'S INSURER OR THE SHARED VEHICLE DRIVER'S INSURER TO FACILITATE A CLAIM COVERAGE INVESTIGATION, SETTLEMENT, NEGOTIATION OR LITIGATION.

(2) THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN THE RECORDS FOR A TIME PERIOD NOT LESS THAN THE APPLICABLE PERSONAL INJURY STATUTE OF LIMITATIONS.

(E) EXEMPTION AND VICARIOUS LIABILITY.--A PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE OWNER SHALL BE EXEMPT FROM VICARIOUS LIABILITY IN ACCORDANCE WITH 49 U.S.C.

§ 30106 (RELATING TO RENTED OR LEASED MOTOR VEHICLE SAFETY AND RESPONSIBILITY) AND UNDER ANY STATE OR LOCAL LAW THAT IMPOSES LIABILITY SOLELY BASED ON VEHICLE OWNERSHIP.

(F) CONTRIBUTION AGAINST INDEMNIFICATION.--A MOTOR VEHICLE 20210SB0548PN1805 - 25 - INSURER THAT DEFENDS OR INDEMNIFIES A CLAIM AGAINST A SHARED VEHICLE THAT IS EXCLUDED UNDER THE TERMS OF THE POLICY SHALL HAVE THE RIGHT TO SEEK RECOVERY AGAINST THE MOTOR VEHICLE INSURER OF THE PEER-TO-PEER CAR SHARING PROGRAM IF THE CLAIM IS:

(1) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER FOR LOSS OR INJURY THAT OCCURS DURING THE CAR SHARING PERIOD.

(2) EXCLUDED UNDER THE TERMS OF THE POLICY.

(G) INSURABLE INTEREST.-- (1) NOTWITHSTANDING ANY OTHER LAW, STATUTE, RULE OR REGULATION TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE AN INSURABLE INTEREST IN A SHARED VEHICLE DURING THE CAR SHARING PERIOD.

(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS CREATING LIABILITY ON A PEER-TO-PEER CAR SHARING PROGRAM TO MAINTAIN THE COVERAGE MANDATED BY SUBSECTION (A).

(3) A PEER-TO-PEER CAR SHARING PROGRAM MAY OWN AND MAINTAIN AS THE NAMED INSURED ONE OR MORE POLICIES OF MOTOR VEHICLE LIABILITY INSURANCE THAT PROVIDES COVERAGE FOR:

(I) LIABILITIES ASSUMED BY THE PEER-TO-PEER CAR SHARING PROGRAM UNDER A CAR SHARING PROGRAM AGREEMENT;

(II) LIABILITY OF THE SHARED VEHICLE OWNER;

(III) DAMAGE OR LOSS TO THE SHARED VEHICLE;

OR (IV) LIABILITY OF THE SHARED VEHICLE DRIVER.

§ 1105.

CONSUMER PROTECTION DISCLOSURES.

A CAR SHARING PROGRAM AGREEMENT SHALL DISCLOSE TO THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER:

(1) A 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 20210SB0548PN1805 - 26 - PEER-TO-PEER CAR SHARING PROGRAM RESULTING FROM A BREACH OF THE TERMS AND CONDITIONS OF THE CAR SHARING PROGRAM AGREEMENT.

(2) THAT A MOTOR VEHICLE 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 A CLAIM ASSERTED BY THE PEER-TO-PEER CAR SHARING PROGRAM.

(3) THAT THE PEER-TO-PEER CAR SHARING PROGRAM'S INSURANCE COVERAGE ON THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER 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 HAVE INSURANCE COVERAGE.

(4) THE DAILY RATE, FEES AND, IF APPLICABLE, INSURANCE OR PROTECTION PACKAGE COSTS THAT ARE CHARGED TO THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER.

(5) THAT THE SHARED VEHICLE OWNER'S MOTOR VEHICLE LIABILITY INSURANCE MAY NOT PROVIDE COVERAGE FOR A SHARED VEHICLE.

(6) AN EMERGENCY TELEPHONE NUMBER TO PERSONNEL CAPABLE OF FIELDING ROADSIDE ASSISTANCE AND OTHER CUSTOMER SERVICE INQUIRIES.

(7) IF THERE ARE CONDITIONS UNDER WHICH A SHARED VEHICLE DRIVER MUST MAINTAIN A PERSONAL AUTOMOBILE INSURANCE POLICY WITH CERTAIN APPLICABLE COVERAGE LIMITS ON A PRIMARY BASIS IN ORDER TO BOOK A SHARED VEHICLE.

§ 1106.

DRIVER'S LICENSE VERIFICATION.

(A) CONDITIONS FOR CAR SHARING PROGRAM AGREEMENT.--A PEER- 20210SB0548PN1805 - 27 - TO-PEER CAR SHARING PROGRAM MAY NOT ENTER INTO A CAR SHARING PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL OPERATE THE SHARED VEHICLE:

(1) HOLDS A DRIVER'S LICENSE ISSUED BY THE DEPARTMENT OF TRANSPORTATION THAT AUTHORIZES THE DRIVER TO OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;

OR (2) IS A NONRESIDENT WHO:

(I) HAS A DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF THE DRIVER'S RESIDENCE THAT AUTHORIZES THE DRIVER IN THAT STATE OR COUNTRY TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;

AND (II) IS AT LEAST THE SAME AGE AS THAT REQUIRED OF A RESIDENT TO DRIVE;

OR (3) OTHERWISE IS SPECIFICALLY AUTHORIZED BY LAW TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE.

(B) DATA RETENTION.--A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:

(1) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER.

(2) THE NUMBER OF THE DRIVER'S LICENSE OF THE SHARED VEHICLE DRIVER AND EACH OTHER PERSON, IF ANY, WHO WILL OPERATE THE SHARED VEHICLE.

(3) THE PLACE OF ISSUANCE OF THE DRIVER'S LICENSE.

§ 1107.

RESPONSIBILITY FOR EQUIPMENT.

A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR EQUIPMENT, SUCH AS A GPS SYSTEM OR OTHER SPECIAL EQUIPMENT THAT IS PUT IN OR ON THE SHARED VEHICLE TO MONITOR OR FACILITATE THE CAR SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE SHARED VEHICLE OWNER FOR DAMAGE TO OR THEFT OF THE EQUIPMENT DURING THE CAR SHARING PERIOD NOT CAUSED BY THE SHARED VEHICLE OWNER.

THE PEER-TO-PEER 20210SB0548PN1805 - 28 - CAR SHARING PROGRAM HAS THE RIGHT TO SEEK INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR LOSS OR DAMAGE TO THE EQUIPMENT THAT OCCURS DURING THE CAR SHARING PERIOD.

§ 1108.

AUTOMOBILE SAFETY RECALLS.

(A) VERIFICATION AND NOTIFICATION.--AT THE TIME WHEN A VEHICLE OWNER REGISTERS AS A SHARED VEHICLE OWNER ON A PEER-TO- PEER CAR SHARING PROGRAM AND PRIOR TO THE TIME WHEN THE SHARED VEHICLE OWNER MAKES A SHARED VEHICLE AVAILABLE FOR CAR SHARING ON THE PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL:

(1) VERIFY THAT THE SHARED VEHICLE DOES NOT HAVE ANY SAFETY RECALLS ON THE VEHICLE FOR WHICH THE REPAIRS HAVE NOT BEEN MADE.

(2) NOTIFY THE SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBSECTION (B).

(B) EFFECT OF SAFETY RECALL.-- (1) IF THE SHARED VEHICLE OWNER HAS RECEIVED AN ACTUAL NOTICE OF A SAFETY RECALL ON THE VEHICLE, A SHARED VEHICLE OWNER MAY NOT MAKE THE VEHICLE AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM UNTIL THE SAFETY RECALL REPAIR HAS BEEN MADE.

(2) IF A SHARED VEHICLE OWNER RECEIVES AN ACTUAL NOTICE OF A SAFETY RECALL ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON THE PEER-TO-PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER SHALL REMOVE THE SHARED VEHICLE AS AVAILABLE ON THE PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS PRACTICABLY POSSIBLE AFTER RECEIVING THE NOTICE OF THE SAFETY RECALL AND UNTIL THE SAFETY RECALL REPAIR HAS BEEN MADE.

(3) IF A SHARED VEHICLE OWNER RECEIVES AN ACTUAL NOTICE OF A SAFETY RECALL WHILE THE SHARED VEHICLE IS BEING USED IN 20210SB0548PN1805 - 29 - THE POSSESSION OF A SHARED VEHICLE DRIVER, AS SOON AS PRACTICABLY POSSIBLE AFTER RECEIVING THE NOTICE OF THE SAFETY RECALL, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-TO- PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL SO THAT THE SHARED VEHICLE OWNER MAY ADDRESS THE SAFETY RECALL REPAIR.

§ 1109.

REGULATIONS.

THE INSURANCE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS THAT ARE NOT INCONSISTENT WITH AND NECESSARY TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER.

Group insurance for private vehicle rental PEER-TO- <-- PEER CAR SHARING programs.

(a) Insurance requirements.--In the case of a vehicle that is used in connection with a private vehicle rental PEER-TO-PEER <-- CAR SHARING program, the insurance requirements under this chapter shall be met by a group insurance policy, as specified in 40 Pa.C.S.

§ 1114 (relating to group insurance for private <-- vehicle rental programs),programs) § 1104 (RELATING TO INSURANCE), issued <-- to a THE program provider and the renters and authorized or <-- permissive drivers of the private vehicle rental program SHARED <-- VEHICLE DRIVER for any time that the vehicle is being used in connection with the private vehicle rental PEER-TO-PEER CAR <-- SHARING program.

§ 1114,1114 § 1104, the <-- program provider shall provide the department with proof of financial security in the form of a group insurance policy covering the program provider and the owners of all vehicles registered in this Commonwealth that participate in the private <-- 20210SB0548PN1805 - 30 - vehicle rental PEER-TO-PEER CAR SHARING program as insured group <-- members, covering those vehicles while they are being used in conjunction with that private vehicle 20210SB0548PN0603rental -PEER-TO-PEER 18CAR -<-- rentalSHARING program.

§ <-- 1102 (relating to definitions).

"PEER-TO-PEER CAR-SHARING PROGRAM." AS DEFINED IN 40 PA.C.S.

<-- § 1103 (RELATING TO DEFINITIONS).

THE <-- ENTITY THAT OPERATES, FACILITATES OR ADMINISTERS TRANSACTIONS FROM A PEER-TO-PEER CAR SHARING PROGRAM.

<-- "Vehicle." As defined in 40 Pa.C.S.

20210SB0548PN0603"SHARED -VEHICLE." 19AS -DEFINED IN 40 PA.C.S.

§ 1103.

<-- "SHARED VEHICLE DRIVER." AS DEFINED IN 40 PA.C.S.

§ 1103.

SECTION 3.

THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

20210SB0548PN1805 - 31 -