SB 478 — Motor Vehicle Rentals

providing that, under certain circumstances, the peer-to-peer vehicle-sharing program is deemed to have met specified requirements when the program requires the driver to verify at a certain time that he or she is duly licensed and that the license is unexpired;

7237 Be It Enacted by the Legislature of the State of Florida:

7439 Section 1. Section 212.0606, Florida Statutes, is amended to read:

(b) “Dealer”(b) “Motor vehicle rental company” means aan car-sharingentity service,that is in the business of providing motor vehiclevehicles rentalto company,the orpublic peer-to-peerunder vehicle-sharinga program.rental agreement for financial consideration.

(c) “Motor(c) “Peer-to-peer vehiclecar-sharing rentalprogram” company”has meansthe ansame entitymeaning thatas is in thes. business of providing motor vehicles to the public under a rental agreement for 30 days or less for financial consideration.

(d) “Peer-to-peer627.7483(1). vehicle-sharing program” has the same meaning as in s.

627.747.(2) Except as provided in subsection (3) (2), a surcharge of $2 per day or any part of a day is imposed upon the lease or rental by a motor vehicle rental company or a peer-to-peer car sharing program of a motor vehicle that is licensed for hire and designed to carry fewer than nine passengers, regardless of whether the motor vehicle is licensed in this state, for financial consideration without transfer of the title of the motor vehicle.

(2)(1) ExceptThe as provided in subsection (3) (2), a surcharge of $2 per day or any part of a day is imposed upon the lease or rental of a motor vehicle that is licensed for hire and designed to carry fewer than nine passengers, regardless of whether the motor vehicle is licensed in this state, if the lease or rental isoccurs facilitated, in person or through digital means,means. by a car-sharing service, a motor vehicle rental company, or a peer-to-peer vehicle-sharing program for financial consideration without transfer of the title of the motor vehicle.

The surcharge applies to only the first 30 days of the term of a lease or rental.rental and must be collected by the motor vehicle rental company or the peer-to-peer car-sharing program.

The surchargecar-sharing imposedservice undershall thiscollect subsection does not apply to the lease,surcharge rental, or use of a motor vehicle from a location owned, operated, or leased by or for the benefit of an airport or airport authority For purposes of this subsection, the term “car-sharing service” means a membership-based organization or business, or division thereof, which requires the payment of an application or membership fee and provides member access to motor vehicles:

142 The surcharge imposed under this subsection does not apply to the lease, rental, or use of a motor vehicle from a location owned, operated, or leased by or for the benefit of an airport or airport authority.

Section 2. Section 627.747,627.7483, Florida Statutes, is created to read:

627.747 Peer-to-peer627.7483 Peer-to-peer vehicle-sharingcar program.—sharing.— (1) DEFINITIONS.—As used in this section, the term:

(a) “Peer-to-peer vehicle”car orsharing” “vehicle” means athe vehicleauthorized madeuse availableof for sharing through a peer-to-peermotor vehicle sharingby program,an usedindividual nonexclusivelyother forthan peer-to-peer vehicle sharing, and used by the peer-to-peervehicle’s vehicle owner forthrough personala use outside of peer-to-peer vehiclecar-sharing sharing.program.

(b) “Peer-to-peerThe vehicleterm deliverydoes period”not orinclude “deliveryridesharing period” means the period of time during which a peer-to-peer vehicle is being delivered to the location where the peer-to peer vehicle-sharing start time commences, if applicable, as documenteddefined byin thes. governing peer-to-peer vehicle-sharing program agreement.

(c) “Peer-to-peer341.031(9), vehicle driver” or “driver” means an individual who has been authorized to drive the peer-to-peer vehicle by the peer-to-peer vehicle owner under a peer-to-peercarpool vehicle-sharingas programdefined agreement.in s.

(d) “Peer-to-peer450.28(3), vehicle owner” or “owner” means the registereduse owner of a peer-to-peermotor vehicle madeunder availablean agreement for sharinga tocar-sharing peer-to-peerservice vehicleas driversdefined throughin as. peer-to-peer vehicle-sharing program.

(e) “Peer-to-peer212.0606(1). vehicle sharing” or “sharing” means the authorized use of a peer-to-peer vehicle by an individual other than the peer-to-peer vehicle owner through a peer-to-peer vehicle-sharing program.

(f) “Peer-to-peer(b) “Peer-to-peer vehicle-sharingcar-sharing agreement”delivery orperiod” “agreement” means the termsperiod andduring conditionswhich applicable to a peer-to-peershared vehicle owneris anddelivered ato peer-to-peerthe vehiclelocation driverof whichthe governpeer-to-peer thecar-sharing usestart oftime, aif peer-to-peerapplicable, vehicleas throughdocumented aby the governing peer-to-peer vehiclecar sharing program.program agreement.

(g) “Peer-to-peer(c) “Peer-to-peer vehicle-sharingcar-sharing period” or “sharing period” means the period ofbeginning timeeither thatat commences with the peerpeer-to-peer to-peercar-sharing vehicle delivery periodperiod, or, if there is no peer-to-peer vehiclecar-sharing delivery period, thatat commences with the peer-to-peer vehicle-sharingcar-sharing start timetime, and inending either case ends at the peerpeer-to-peer to-peercar-sharing vehicle-sharing termination time.

(h) “Peer-to-peer(d) “Peer-to-peer vehicle-sharingcar-sharing program” or “program” means a business platform that connectsenables peer-to-peer vehiclecar ownerssharing withby peer-to-peerconnecting motor vehicle driversowners towith enabledrivers the sharing of peer-to-peer vehicles for financial consideration.

(i) “Peer-to-peerThe vehicle-sharingterm startdoes time”not orinclude “starta time”taxicab meansassociation the time when the peer-to-peer vehicle becomes subject to the control of the peer-to-peer vehicle driver at or after the time the reservation of a peer-to-peertransportation vehiclenetwork iscompany scheduled to begin, as documenteddefined in thes. records of a peer-to peer vehicle-sharing program.

(j) “Peer-to-peer627.748(1). vehicle-sharing termination time” or “termination time” means the earliest of the following events:

1. The(e) “Peer-to-peer expirationcar-sharing ofprogram theagreement” agreed-uponmeans periodthe ofterms timeand conditions established forby the usepeer-to-peer ofcar-sharing aprogram peer-to-peerwhich vehicleare accordingapplicable to thea termsshared ofvehicle theowner vehicle-sharingand programa agreement,shared ifvehicle thedriver peerand to-peerwhich vehiclegovern isthe delivereduse toof thea locationshared agreedvehicle uponthrough ina the peer-to-peer vehicle-sharingcar-sharing programprogram. agreement;

2. The(f) “Peer-to-peer expirationcar-sharing ofstart time” means the time periodwhen establishedthe forshared usevehicle ofis under the peer-to-peercontrol vehicleof when the peer-to-peershared vehicle isdriver, returnedwhich tooccurs anat alternateor locationafter agreedthe upontime by the peer-toreservation peerof vehiclethe ownershared andvehicle theis peer-to-peerscheduled vehicleto driverbegin, as communicateddocumented throughin athe peer-to-peer vehicle-sharingcar-sharing program;program agreement.

or(g) “Peer-to-peer 3. Thecar-sharing peer-to-peertermination vehicletime” ownermeans or the owner’searliest authorized designee takes possession and control of the peer-to-peerfollowing: vehicle.

(2) FINANCIAL1. The RESPONSIBILITY.—expiration (a) Aof peer-to-peerthe vehicle-sharingagreed-upon programperiod shallestablished assumefor the liabilityuse of a peer-to-peershared vehicle owner,according exceptto asthe providedterms inof paragraphthe (b),peer forto-peer bodilycar-sharing injuryprogram oragreement, propertyif damagethe toshared thirdvehicle partiesis ordelivered uninsuredto and underinsured motorist or personal injury protection losses during the peer-to-peerlocation vehicle-sharingagreed periodupon in an amount stated in the peer-to-peer vehicle-sharingcar program.sharing program agreement;

(b) The2. The assumptiontime ofthe liabilityshared undervehicle paragraphis (a)returned doesto nota applylocation toas anyalternatively peer-to-peeragreed upon by the shared vehicle owner when:and shared vehicle driver, as communicated through a peer-to-peer car sharing program;

1. A peer-to-peer vehicle owner makes an intentional or fraudulent3. The materialtime misrepresentation or omission to the peershared to-peervehicle vehicle-sharingowner programtakes beforepossession theand peer-to-peercontrol vehicleof sharing period in which the lossshared occurred;vehicle.

or(h) “Shared 2. Avehicle” peer-to-peermeans vehicle owner acts in concert with a peer-to-peermotor vehicle driverthat whois failsavailable tofor returnsharing thethrough vehiclea pursuant to the terms of the peer-to-peer vehicle-sharingcar-sharing programprogram. agreement.

(c) TheThe assumptionterm ofdoes liabilitynot underinclude paragrapha (a)motor appliesvehicle toused bodilyfor injuryridesharing and property damage losses by damaged third parties as requireddefined underin s.

324.021(7).341.031(9) or a motor vehicle used for a carpool as defined in s.

(d) A450.28(3). peer-to-peer vehicle-sharing program shall ensure that, during each peer-to-peer vehicle-sharing period, the peer to-peer vehicle owner and the peer-to-peer vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts provided in s.

324.021(7),(i) “Shared and:vehicle driver” means an individual who is authorized by the shared vehicle owner to drive the shared vehicle under the peer-to-peer car-sharing program agreement.

1. Recognizes(j) “Shared thatvehicle owner” means the peer-to-peerregistered vehicleowner, insuredor undera person or entity designated by the policyregistered isowner, of a motor vehicle made available andfor usedsharing to shared vehicle drivers through a peer-to-peer vehicle-sharingcar-sharing program;program.

or(2) INSURANCE 2. DoesCOVERAGE notREQUIREMENTS.— exclude(a)1. A usepeer-to-peer ofcar-sharing aprogram shall ensure during each peer-to-peer car-sharing period that the shared vehicle byowner and the shared vehicle driver are insured under a peer-to-peermotor vehicle driver.insurance policy that provides all of the following:

(e) Thea. Property insurancedamage requirementliability undercoverage paragraphthat (d)meets maythe beminimum satisfiedcoverage byamounts motorrequired vehicleunder liabilitys. insurance maintained by a peer-to-peer vehicle owner;

a324.022. peer-to-peer vehicle driver;

ab. Bodily peer-to-peerinjury vehicle-sharingliability program;coverage limits as specified in s.

or324.021(7)(a) by a peer-to-peer vehicle owner, a peer-to-peer vehicle driver, and a(b). peer-to-peer vehicle-sharing program.

(f) Thec. Personal insuranceinjury maintainedprotection underbenefits paragraphthat (e)meet whichthe satisfiesminimum thecoverage insuranceamounts requirementrequired under paragraphs. (d) must be primary during each peer-to-peer vehicle-sharing period.

(g) The627.736. peer-to-peer vehicle-sharing program must assume primary liability for a claim when it is providing, in whole or in part, the insurance required under paragraphs (d) and (e) and:

1. Ad. Uninsured disputeand existsunderinsured as to who was in control of the peer to-peer vehicle atcoverage theas timerequired ofunder thes. loss;

and627.727. 2. The peer-to-peer vehicle-sharing program does not have available, did not retain, or fails to provide the information required in paragraph (11)(c).

(h) The2. The peer-to-peer vehiclecar-sharing owner’sprogram insurer shall indemnifyalso theensure peer-to-peer vehicle-sharing program to the extent of the insurer’s obligation, if any, under the applicable insurance policy, if it is determined that the peer-to-peermotor vehicle ownerinsurance waspolicy inunder controlsubparagraph of1.: the peer-to-peer vehicle at the time of the loss.

(i) Ifa. Recognizes insurancethat maintainedthe byshared a peer-to-peer vehicle ownerinsured orunder peer-to-peerthe vehiclepolicy driveris inmade accordanceavailable withand paragraphused (e)through lapses or does not provide the required coverage, insurance maintained by a peer-to-peer vehicle-sharingcar programsharing shallprogram; provide the coverage required by paragraph (d) beginning with the first dollar of a claim and the insurer has the duty to defend such claim except under circumstances specified in paragraph (b).

(j) Coverageand underb. Does anot motorexclude vehicle insurance policy maintained by the peer-to-peeruse vehicle-sharingof programa mayshared notvehicle beby dependenta onshared another motor vehicle insurerdriver. first denying a claim.

(k) This(b)1. The subsectioninsurance doesrequirements not:under paragraph (a) may be satisfied by a motor vehicle insurance policy maintained by:

1. Limita. A theshared liability of the peer-to-peer vehicle-sharing program for any act or omission of the program itself which results in injury to any person as a result of the use of a peer-to-peer vehicle throughowner; the peer-to-peer vehicle-sharing program;

orb. A 2. Limitshared the ability of the peer-to-peer vehicle-sharing program to seek indemnification, by contract, from the peer-to peer vehicle ownerdriver; or the peer-to-peer vehicle driver for economic losses the peer-to-peer vehicle-sharing program sustains which result from a breach of the terms and conditions of the peer-to-peer vehicle-sharing program agreement.

(3) NOTIFICATIONc. A OF IMPLICATIONS OF A LIEN.—At the time a peer-to-peer vehiclecar-sharing ownerprogram; registers a vehicle for use through a peer-to-peer vehicle-sharing program and before the owner makes the vehicle available for use through the program, the program must notify the owner that, if the vehicle has a lien against it, the use of the vehicle through the program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

(4) EXCLUSIONSor INd. A MOTORcombination VEHICLEof LIABILITYa INSURANCEshared POLICIES.—vehicle (a) Anowner, authorizeda insurershared that writes motor vehicle liabilitydriver, insurance in this state may exclude any coverage and thea dutypeer-to-peer tocar-sharing defendprogram. or indemnify for any claim under the peer-to peer vehicle owner’s motor vehicle liability insurance policy, including, but not limited to:

2. The insurance policy maintained in subparagraph 1.

which satisfies the insurance requirements under paragraph (a) is primary during each peer-to-peer car-sharing period.

3.a. If the insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subparagraph 1.

lapses or does not provide the coverage required under paragraph (a), the insurance maintained by the peer-to-peer car-sharing program must provide the coverage required under paragraph (a) beginning with the first dollar of a claim and must defend such claim, except under circumstances as set forth in subparagraph (3)(a)2.

b. Coverage under a motor vehicle insurance policy maintained by the peer-to-peer car-sharing program may not be dependent on another motor vehicle insurer first denying a claim, and another motor vehicle insurance policy is not required to first deny a claim.

c. Notwithstanding any other law to the contrary, a peer to-peer car-sharing program has an insurable interest in a shared vehicle during the peer-to-peer car-sharing period.

This sub-subparagraph does not create liability for a network for maintaining the coverage required under paragraph (a) and under this paragraph, if applicable.

d. A peer-to-peer car-sharing program may own and maintain as the named insured one or more policies of motor vehicle insurance which provide coverage for:

(I) Liabilities assumed by the peer-to-peer car-sharing program under a peer–to–peer car-sharing program agreement;

(II) Liability of the shared vehicle owner;

(III) Liability of the shared vehicle driver;

(IV) Damage or loss to the shared motor vehicle;

or (V) Damage, loss, or injury to persons or property to satisfy the personal injury protection and uninsured and underinsured motorist coverage requirements of this section.

e. Insurance required under paragraph (a), when maintained by a peer-to-peer car-sharing program, may be provided by an insurer authorized to do business in this state which is a member of the Florida Insurance Guaranty Association or by an eligible surplus lines insurer that has a superior, excellent, exceptional, or equivalent financial strength rating by a rating agency acceptable to the office.

A peer-to-peer car-sharing program is not transacting in insurance when it maintains the insurance required under this section.

(3) LIABILITIES AND INSURANCE EXCLUSIONS.— (a) Liability.— 1. A peer-to-peer car-sharing program shall assume liability, except as provided in subparagraph 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 peer-to-peer car-sharing period in amounts stated in the peer-to-peer car-sharing program agreement.

Such amounts may not be less than those set forth in ss.

324.021(7)(a) and (b), 324.022, 627.727, and 627.736, respectively.

2. The assumption of liability under subparagraph 1.

does not apply if a shared vehicle owner:

a. Makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car-sharing program before the peer-to-peer car-sharing period in which the loss occurs;

or b. Acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the peer to-peer car-sharing program agreement.

3. A peer-to-peer car-sharing program shall assume primary liability for a claim when it is providing, in whole or in part, the insurance required under paragraph (2)(a) and:

a. A dispute exists as to who was in control of the shared motor vehicle at the time of the loss;

and b. The peer-to-peer car-sharing program does not have available, did not retain, or fails to provide the information required under subsection (5).

309 The shared vehicle owner’s insurer shall indemnify the peer-to peer car-sharing program to the extent of the insurer’s obligation, if any, under the applicable insurance policy if it is determined that the shared vehicle owner was in control of the shared motor vehicle at the time of the loss.

(b) Exclusions in motor vehicle insurance policies.—An authorized insurer that writes motor vehicle liability insurance in this state may exclude any coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle insurance policy, including, but not limited to:

(b) This327 subsectionThis paragraph does not invalidate or limit anany exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use which excludes coverage for motor vehicles made available for rent, hire,sharing, or hire or for any business use,use. including peer-to-peer vehicle sharing.

(5) RECORDKEEPING.—(c) Contribution (a) Aagainst peer-to-peerindemnification.—A vehicle-sharingshared programvehicle mustowner’s collectmotor andvehicle verifyinsurer recordsthat pertainingdefends or indemnifies a claim against a shared vehicle which is excluded under the terms of its policy has the right to seek contribution against the usemotor vehicle insurer of the peer-to-peer vehicles,car-sharing including,program butif notthe limitedclaim to,is timesmade used,against feesthe paidshared byvehicle owner or the peer-to-peershared vehicle driver,driver andfor revenuesloss receivedor byinjury that occurs during the peer to-peer vehiclecar-sharing owner.period.

(b) Pursuant(4) NOTIFICATION toOF allIMPLICATIONS applicableOF federalLIEN.—At andthe statetime privacya obligations,motor andvehicle afterowner receivingregisters theas informeda consentshared ofvehicle theowner on a peer-to-peer vehiclecar-sharing ownerprogram and before the peer-to-peershared vehicle driver,owner may make a shared vehicle available for peer-to-peer vehicle-sharingcar sharing on the peer-to-peer car-sharing program, the peer-to peer car-sharing program must providenotify the informationshared collectedvehicle pursuantowner tothat, paragraphif (a),the uponshared request,vehicle tohas a lien against it, the owner,use of the owner’sshared insurer,vehicle andthrough a peer-to-peer car-sharing program, including the driver’suse insurerwithout tophysical facilitatedamage acoverage, claimmay investigation.violate the terms of the contract with the lienholder.

(c) The(5) RECORDKEEPING.—A programpeer-to-peer mustcar-sharing retainprogram theshall: records required in this subsection for not less than 3 years.

(6) CONTRIBUTION(a) Collect AGAINSTand INDEMNIFICATION.—Averify motorrecords vehiclepertaining insurerto that defends or indemnifies a claim arising from the operationuse of a peer-to-peershared vehiclevehicle, thatincluding, isbut excludednot underlimited theto, terms of its policy may seek contribution against the peer-totimes peerused, vehicle-sharingfees programpaid ifby the claimshared is made against the peer-to-peer vehicle ownerdriver, orand therevenues peer-to-peerreceived vehicleby driver for loss or injury that occurs during the peer-to-peershared vehicle sharingowner. period.

(7) INSURABLE(b) Retain INTEREST.—the (a) Arecords peer-to-peerin vehicle-sharingparagraph program(a) hasfor ana insurableperiod interestof innot aless vehiclethan during the sharingapplicable period.personal injury statute of limitations.

(b) This(c) Provide subsectionthe doesinformation notcontained imposein liabilitythe onrecords aunder peer-toparagraph peer(a) vehicle-sharingupon programrequest to maintainthe shared vehicle owner, the coverageshared mandatedvehicle byowner’s subsectioninsurer, (2).or the shared vehicle driver’s insurer to facilitate a claim coverage investigation.

(c) A(6) CONSUMER PROTECTIONS.— (a) Disclosures.—Each peer-to-peer vehicle-sharingcar-sharing program mayagreement ownmade andin maintainthis asstate themust nameddisclose insuredto onethe orshared more policies of motor vehicle liabilityowner insuranceand whichthe provideshared coveragevehicle for:driver:

1. Liabilities1. Any assumedright byof the peer-to-peer vehicle-sharingcar-sharing program underto agreement;seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss resulting from a breach of the terms and conditions of the peer-to-peer car-sharing program agreement.

2. Liability2. That ofa motor vehicle insurance policy issued to the peer-to-peershared vehicle owner;owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car-sharing program.

3. Damage3. That orthe losspeer-to-peer tocar-sharing program’s insurance coverage on the vehicle;shared vehicle owner and the shared vehicle driver is in effect only during each peer-to-peer car-sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the peer-to-peer 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, any insurance or 4. Liabilityprotection ofpackage costs that are charged to the peer-to-peershared vehicle owner or the shared vehicle driver.

(8) CONSUMER5. That PROTECTIONS.—the (a) Eachshared peer-to-peervehicle vehicle-sharingowner’s programmotor agreementvehicle madeliability ininsurance thismay stateexclude mustcoverage disclosefor toa theshared peer-to-peervehicle. vehicle owner and the peer-to-peer vehicle driver:

1. Any6. An rightemergency oftelephone anumber programof to seek indemnification from the ownerpersonnel orcapable theof driverfielding calls for economicroadside lossesassistance the program sustains which result from a breach of the terms and conditionsother ofcustomer theservice agreement;inquiries.

2. That7. Any aconditions motorunder vehiclewhich liabilitya insuranceshared policyvehicle issueddriver tomust themaintain ownera forpersonal themotor peer-to-peer vehicle orinsurance topolicy thewith drivercertain doesapplicable notcoverage providelimits defenseon indemnitya forprimary anybasis claimin assertedorder byto thebook program;a shared vehicle.

3. That(b) Driver thelicense program’sverification financialand responsibilitydata affordedretention.— to1. A thepeer-to-peer ownercar-sharing andprogram drivermay isnot availableenter onlyinto duringa the peer-to-peer vehicle-sharingcar-sharing period;program agreement with a driver unless the driver:

4. That,a. Holds fora anydriver uselicense ofissued theunder peer-to-peerchapter vehicle322 bywhich authorizes the driver afterto thedrive peer-to-peervehicles vehicle-sharingof termination time, the driverclass andof ownerthe mayshared notvehicle; have coverage;

5. Theb. Is dailya rate,nonresident fees,who: costs, and, if applicable, any insurance or protection package costs that are charged to the owner or driver;

and(I) Holds 6. Thata driver license issued by the peer-to-peerstate vehicleor owner’scountry motorof vehiclethe liabilitydriver’s insuranceresidence maywhich notauthorizes providethe coveragedriver forin that state or country to drive vehicles of the vehicle.class of the shared vehicle;

(b) Eachand peer-to-peer(II) Is vehicle-sharingat programleast agreementthe madesame inage thisas statethat mustrequired discloseof toa theresident peer-to-peerto vehicledrive; driver:

1. Anor emergencyc. Is telephoneotherwise numberspecifically toauthorized contactby personnelthe capableDepartment of fieldingHighway roadsideSafety assistanceand requestsMotor andVehicles otherto customerdrive servicevehicles inquiries;of the class of the shared vehicle.

and2. A 2. Anypeer-to-peer conditionscar-sharing underprogram whichshall akeep driver must maintain a personalrecord motorof: vehicle insurance policy, and any required coverage limits, on a primary basis in order to rent the peer to-peer vehicle.

(9) RESPONSIBILITYa. The FORname EQUIPMENT.—The peer-to-peer vehicle sharing program has sole responsibility for any equipment that is put in or on the vehicle, such as a GPS system or other device, used to monitor or facilitate the sharing, and mustaddress agree to indemnify and hold harmless the owner for any damage to or theft of such equipment during the sharingshared periodvehicle whichdriver; is not caused by the owner.

Theb. The programdriver maylicense seeknumber indemnityof from the drivershared forvehicle anydriver lossand orof damageany toother suchperson equipmentwho whichwill occursoperate during the sharingshared period.vehicle;

(10) AUTOMOBILE SAFETY RECALLS.— (a) At the time an owner registers a vehicle for use in the program, and beforec. The theplace ownerof makesissuance theof vehicle available for use, the peer-to-peerdriver vehicle-sharinglicense. program must:

1. Verify(c) Responsibility for equipment.—A peer-to-peer car sharing program has sole responsibility for any equipment that is put in or on the shared vehicle doesto notmonitor haveor anyfacilitate safetythe recallspeer-to-peer forcar-sharing whichtransaction, repairsincluding havea notGPS beensystem. made;

The peer-to-peer car-sharing program shall indemnify and 2. Notifyhold harmless the shared vehicle owner for any damage to or theft of such equipment during the requirementspeer-to-peer undercar-sharing paragraphperiod (c).which is not caused by the shared vehicle owner.

(b) TheThe programpeer-to-peer mustcar periodically,sharing atprogram leastmay onceseek inindemnity eachfrom 72-hourthe period,shared verify that any vehicle availabledriver for useany throughdamage the program is not subject to anor openloss safetyof recallsuch forequipment which repairsoccurs haveoutside notof beenthe made.peer-to-peer car-sharing period.

(c) If(d) Motor vehicle safety recalls.—At the peer-to-peertime a motor vehicle owner hasregisters receivedas noticea ofshared vehicle owner on a safetypeer-to recallpeer oncar-sharing theprogram vehicle,and hebefore orthe sheshared mayvehicle notowner may make thea shared vehicle available for usepeer-to-peer throughcar asharing peer-to-peeron vehicle-sharingthe programpeer-to-peer untilcar-sharing program, the safetypeer-to-peer recallcar repairsharing hasprogram beenmust: made.

Upon1. Verify receivingthat notice of a safety recall on the shared vehicle whendoes itnot ishave availableany forsafety userecalls throughon the program, the owner shall remove the vehicle fromfor availabilitywhich as soon as practicable, but in no case more than 48 hours after receiving the noticerepairs ofhave thenot safety recall, and until the safety recall repair has been made.made;

Uponand receiving2. Notify notice of a safety recall on the vehicle,shared and in no case more than 48 hours after such receipt, when such vehicle is in the possession of the driver, the owner must notify the program of the safety recall so that theif program may notify the drivershared and the vehicle canowner: be removed from use until the owner effects the necessary safety recall repair.

(11) DRIVERa. Has LICENSEreceived VERIFICATIONan ANDactual RETENTION.—notice (a) Aof peer-to-peera vehicle-sharingsafety programrecall mayon notthe entervehicle, intohe aor peer-to-peershe vehicle-sharingmay programnot agreementmake witha vehicle available as a drivershared unlessvehicle on the driverpeer-to-peer whocar-sharing willprogram operateuntil the peer-to-peersafety vehicle:recall repair has been made.

1. Holdsb. Receives an unexpiredactual drivernotice licenseof ina thissafety staterecall whichon authorizesa shared vehicle while the drivershared tovehicle operateis vehiclesmade ofavailable on the classpeer ofto-peer car-sharing program, he or she must remove the shared vehicle’s availability on the peer-to-peer vehicle;car-sharing program as soon as practicable after receiving the notice of the safety recall and until the safety recall repair has been made.

orc. Receives 2. Isan actual notice of a nonresidentsafety who:recall while the shared vehicle is in the possession of a shared vehicle driver, he or she must notify the peer-to-peer car-sharing program about the safety recall as soon as practicably possible after receiving the notice of the safety recall so that he or she may address the safety recall repair.

a. Has(7) CONSTRUCTION.—This ansection unexpireddoes drivernot licenselimit: issued by the state or country of the driver’s residence which authorizes the driver in that state or country to drive vehicles of the class of the peer-to-peer vehicle;

and(a) The b. Isliability atof leasta peer-to-peer car-sharing program for any act or omission of the samepeer-to-peer agecar-sharing program which results in the bodily injury to a person as thata requiredresult of the use of a residentshared tovehicle drive.through peer-to-peer car sharing;

(b) Aor peer-to-peer(b) The vehicle-sharingability programof maya notpeer-to-peer rentcar-sharing aprogram motorto vehicleseek toby anothercontract untilindemnification from the drivershared licensevehicle ofowner or the peershared to-peer vehicle driver hasfor beeneconomic inspectedloss andresulting from a breach of the programterms hasand verifiedconditions thatof the driverpeer-to-peer licensecar issharing unexpired.program agreement.

(c) ASection peer-to-peer3. This vehicle-sharingact programshall musttake keepeffect aOctober record1, of:2020.

1. The registration number of the peer-to-peer vehicle;

2. The name and address of the peer-to-peer vehicle driver;

3. The driver license number of the peer-to-peer vehicle driver and the place where the license was issued;

and 4. Each other person, if any, who will operate the peer-to peer vehicle.

(d) Such record must be open to inspection by any police officer, or officer or employee of the Department of Law Enforcement.

(e) If a peer-to-peer vehicle-sharing program rents a peer to-peer vehicle to a driver through digital, electronic, or other means that allow the driver to obtain possession of the vehicle without direct contact with an agent, an employee of the peer-to-peer vehicle-sharing program, or the vehicle owner, or if the driver does not execute a peer-to-peer vehicle-sharing program agreement at the time he or she takes possession of the vehicle, the peer-to-peer vehicle-sharing program is deemed to have met all requirements of paragraphs (a) and (b) when the program, at the time the driver enrolls in a membership program, master agreement, or other means of establishing use of the program’s services, or any time thereafter, requires the driver to verify that he or she is duly licensed and that the license is unexpired.

Section 3. This act shall take effect July 1, 2020.