SB 146 — Modifying regulations of peer-to-peer car sharing program

SB146WEST HVIRGINIA JUDLEGISLATURE AMREGULAR #1SearsSESSION 3258TheENROLLED CommitteeSenate onBill the146 JudiciaryBy movedSenators toTrump, amendWoelfel, theOliverio, billJeffries, byAzinger, strikingStuart, everythingPhillips, after the enacting clause and insertingMaynard the[Passed provisionsMarch of10, the2023; strike and insert amendment:

in effect 90 days from passage] Enr SB 146 AN ACT to amend and reenact §17A-6F-1, §17A-6F-2, §17A-6F-3, §17A-6F-5, §17A-6F-7, and §17A-6F-13 of the Code of West Virginia, 1931, as amended, all relating to the regulation of peer-to-peer car sharing program;

modifying scope of regulation of peer-to-peer car sharing program;

modifying certain definitions;

modifying and eliminating certain provisions governing insurance coverage during car sharing period;

modifying provision governing exclusions for vehicle liability insurance;

clarifying provision governing exemption for vicarious liability;

and inserting stylistic citation in notification requirements imposed on peer-to-peer car sharing programs.

Be it enacted by the Legislature of West Virginia:

  This article is intended to govern the intersection of peer-to-peer car services, the state-regulatedstate- regulated business of insurance, and state and local taxation of the business transaction.transaction and the airport and airport authorities authority to regulate peer-to-peer car services provided to airport customers This article does not void, abrogate, restrict, or affect any requirements of §17A-6D-1 et seq.

and the airport and airport authorities authority to regulate peer-to-peer car services provided to airport customers This article does not void, abrogate, restrict, or affect any requirements of §17A-6D-1 et seq.

  As used in this article:"Peer-to-peerarticle: car sharing" means the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program.

"Peer-to-peer car sharing" ismeans notthe aauthorized "dailyuse passengerof rentala carvehicle business"by asan licensedindividual byother than the provisionsvehicle’s ofowner §17A-6D-1through eta seq.peer-to-peer car sharing program.

"Peer-to-peer car sharing" is not a "daily passenger rental car business" as licensed by the provisions of §et seq.1of this code.

"Peer-to-peer car 1 Enr SB 146 sharing program" does not mean a service provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle.

"Peer-to-peer car sharing program" does not mean a "daily passenger rental car business" as licensed by the provisions of §17A-6D-1§17et etseq.of seq.this code.

of"Peer-to-peer thiscar code.sharing program" does not include a program provided to a business’s own employees.

"Peer-to-peer"Car car sharing program" does not include a program provided to a business’s own employees."Car sharing program agreement" means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peerpeer- to-peer car sharing program.

"Car"Shared sharingvehicle" programmeans agreement"a doesvehicle notthat meanis "masteravailable rentalfor agreement"sharing orthrough "rentala agreement"peer-to-peer ascar usedsharing inprogram. §17A-6D-1 et seq.

of"Shared thisvehicle" code."Shareddoes vehicle"not meansmean a vehiclerental thatcar isor availablea forrental sharingvehicle throughas used in a peer-to-peer"daily passenger rental car sharingbusiness" program.licensed by the provisions of §et seq.of this code.

"Shared vehicle"vehicle doesdriver" notmeans meanan aindividual rentalwho carhas orbeen aauthorized rentalto vehicledrive asthe usedshared invehicle aby "dailythe passengershared rentalvehicle carowner business"under licenseda bycar thesharing provisionsprogram ofagreement. §17A-6D-1 et seq.

of"Shared this code."Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement."Shared vehicle owner" means 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.

"Car sharing delivery period" means 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 the governing car sharing program agreement."Caragreement. sharing period" means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time, and in either case ends at the car sharing termination time."Car sharing start time" means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program."Car sharing termination time" means the earliest of the following events: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 vehicle is delivered to the location agreed upon in the car sharing program agreement;When the 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, and which alternatively agreed upon location shall be incorporated into the car sharing program agreement;

orWhen"Car sharing period" means the sharedperiod vehicleof ownertime orthat commences with the sharedcar vehiclesharing owner’sdelivery authorizedperiod designee,or, takesif possessionthere is no car sharing delivery period, that commences with the car sharing start time, and controlin ofeither case ends at the sharedcar vehicle.sharing termination time.

"Car sharing start time" means the time when the shared vehicle becomes subject to the 2 Enr SB 146 control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.

"Car sharing termination time" means the earliest of the following events:

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 vehicle is delivered to the location agreed upon in the car sharing program agreement;

When the 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, and which alternatively agreed upon location shall be incorporated into the car sharing program agreement;

or When the shared vehicle owner or the shared vehicle owner’s authorized designee, takes possession and control of the shared vehicle.

  (a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to third parties and uninsured and underinsured motorist and personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amounts may not be less than $750,000the $300,000.minimum of applicable limits required by state law as set forth in §17D-4-2 and § 33-6-31 of this code.

the(b) minimum of applicable limits required by state law as set forth in § 17D-4-2 and § 33-6-31 of this Code.(b) Notwithstanding the definition of "car sharing termination time" as defined in this article, the assumption of liability under subsection (a) of this section does not apply to any shared vehicle owner when:(1)when: A 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(2)(1) ActingA in concert with a shared vehicle driverowner whomakes failsan tointentional returnor thefraudulent sharedmaterial vehiclemisrepresentation pursuantor toomission the terms of the car sharing program agreement.(c) Notwithstanding the definition of "car sharing termination time" as defined in this article, the assumption of liability under subsection (a) of this section would apply to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses by damaged third parties in the same manner required by §17D-4-2 and §33-6-31 of this code.(d) A peer-to-peer car sharing program shallbefore ensurethe that, during each car sharing period,period thein shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage which amounts may not be less than the amountsloss setoccurred; forth in subsection (a) §17D-4-2 and §33-6-31 of this code and either:(1) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program;

or(2)or Does(2) notActing excludein useconcert ofwith a shared vehicle bydriver awho sharedfails vehicleto driver.(e)return Thethe insuranceshared described under subsection (d) of this section may be satisfied by motor vehicle liability3 insuranceEnr maintainedSB by:(1)146 Apursuant sharedto vehiclethe owner;(2)terms Aof sharedthe vehicle driver;(3) A peer-to-peer car sharing program;program agreement.

or(4)(c) ANotwithstanding combinationthe definition of a"car sharedsharing vehicletermination owner,time" aas shareddefined vehiclein driver,this andarticle, athe peer-to-peerassumption carof sharingliability program.(f)under The insurance described in subsection (e)(a) of this section thatwould isapply satisfyingto thebodily insuranceinjury, requirementproperty ofdamage, subsectionuninsured (d)and ofunderinsured thismotorist sectionlosses shallby bedamaged third parties in the primarysame insurancemanner duringrequired eachby car§17D-4-2 sharingand period.§33-6-31 of this code.

(d) 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 which amounts may not be less than the amounts set forth in §17D-4-2 and §33-6-31 of this code and either:

(1) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program;

or (2) Does not exclude use of a shared vehicle by a shared vehicle driver.

(e) The insurance described under subsection (d) of this section may be satisfied by motor vehicle liability insurance maintained by:

(1) A shared vehicle owner;

(2) A shared vehicle driver;