LBD03055-09-1
S. 6715 2
(8) "PEER-TO-PEER CAR SHARING START TIME" SHALL HAVE THE SAME MEANING
AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(9) "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR SHARING PERIOD" SHALL
HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSI-
NESS LAW.
(10) "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL HAVE THE SAME
MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
(11) "GROUP POLICY" MEANS AN INSURANCE POLICY THAT PROVIDES INSURANCE
TO A PEER-TO-PEER CAR SHARING PROGRAM IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SECTION NINE HUNDRED TWO OF THE GENERAL BUSINESS LAW.
(12) "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTI-
CLE FORTY OF THE GENERAL BUSINESS LAW.
(B) AN INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE MAY ISSUE, OR ISSUE FOR DELIVERY IN THIS STATE, A GROUP POLICY OF
LIABILITY AND PROPERTY AND CASUALTY INSURANCE TO A PEER-TO-PEER CAR
SHARING PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING PROGRAM, SHARED
VEHICLES UNDER THE TERMS AND CONDITIONS OF PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENTS, SHARED VEHICLE DRIVERS, AND OCCUPANTS OF SHARED
VEHICLES, AS WELL AS THE PROGRAM'S AGENTS, EMPLOYEES, DIRECTORS, OFFI-
CERS AND ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
(1) SUCH POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE
AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR ANY
OTHER OPERATOR OF THE SHARED VEHICLE IN THE CIRCUMSTANCES DESCRIBED IN
SUBDIVISION TWO OF SECTION NINE HUNDRED THREE OF THE GENERAL BUSINESS
LAW;
(2) SUCH POLICY SHALL PROVIDE COVERAGE IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SUBDIVISION TWO OF SECTION NINE HUNDRED TWO OF THE GENERAL
BUSINESS LAW.
(C) AN INSURER WHICH ISSUES AN INSURANCE POLICY DESCRIBED IN
SUBSECTION (B) OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
PEER-TO-PEER CAR SHARING PROGRAM AS THE NAMED INSURED, AND ANY SUCH
POLICY SHALL INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER
CAR SHARING PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
THE SHARED VEHICLE DRIVERS AND OCCUPANTS ARE INCLUDED AS INSUREDS UNDER
THE POLICY TO THE SAME EXTENT THAT THEY WOULD BE INSURED UNDER A PRIVATE
PASSENGER MOTOR VEHICLE POLICY ISSUED PURSUANT TO SECTION THREE THOUSAND
FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE AND SECTION THREE HUNDRED ELEV-
EN OF THE VEHICLE AND TRAFFIC LAW.
(D) A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (B) AND (C) OF THIS
SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION AND SECTION THREE THOUSAND FOUR HUNDRED SIXTY-ONE OF THIS ARTI-
CLE.
(E) AN INSURER WHICH IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
STATE MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO A PEER-
TO-PEER CAR SHARING PROGRAM TO INSURE AGAINST LOSS DUE TO PHYSICAL
DAMAGE TO SHARED VEHICLES WHILE THE SHARED VEHICLES ARE IN THE CUSTODY
OF SUCH PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE DRIVER. EXCEPT
WHEN THE PEER-TO-PEER CAR SHARING PROGRAM HAS CONTRACTUALLY AGREED TO
ASSUME THE RISK OF LOSS DUE TO PHYSICAL DAMAGE TO THE SHARED VEHICLE,
SUCH GROUP POLICY SHALL PROVIDE PRIMARY COVERAGE FOR PHYSICAL DAMAGE
LOSS EITHER BY COLLISION COVERAGE, COMPREHENSIVE COVERAGE, OR BOTH, TO
THE SHARED VEHICLE WHILE IT SHALL BE IN THE CUSTODY OF THE PEER-TO-PEER
CAR SHARING PROGRAM SHARED VEHICLE DRIVER.
(F) AN INSURER WHICH ISSUES A GROUP INSURANCE POLICY DESCRIBED IN THIS
SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE PEER-TO-PEER CAR SHARING
S. 6715 3
PROGRAM AS THE NAMED INSURED, AND ANY SUCH POLICY SHALL INCLUDE A
PROVISION THAT PROVIDES PRIMARY COVERAGE, WITHOUT PRIOR NOTICE TO THE
INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-PEER CAR SHARING
PERIOD. EXCEPT WHEN THE PEER-TO-PEER CAR SHARING PROGRAM HAS CONTRACTU-
ALLY AGREED TO ASSUME THE RISK OF LOSS DUE TO PHYSICAL DAMAGE TO THE
SHARED VEHICLE, SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT CLAIMS
SHALL BE ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED TWELVE
OF THIS ARTICLE, AND, EXCEPT WHEN THE PEER-TO-PEER CAR SHARING PROGRAM
HAS CONTRACTUALLY AGREED TO ASSUME THE RISK OF LOSS DUE TO PHYSICAL
DAMAGE TO THE SHARED VEHICLE, IT SHALL FURTHER INCLUDE PHYSICAL DAMAGE
COVERAGE FOR DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN
INCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL NO LESS
THAN THAT OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
(G) A GROUP POLICY, AS PROVIDED FOR IN SUBSECTION (E) OF THIS SECTION,
SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(H) COVERAGE UNDER A GROUP POLICY, AS PROVIDED FOR IN THIS SECTION,
SHALL NOT BE DEPENDENT ON A PERSONAL MOTOR VEHICLE LIABILITY INSURER
FIRST DENYING A CLAIM, NOR SHALL A PERSONAL MOTOR VEHICLE INSURANCE
POLICY BE REQUIRED TO FIRST DENY A CLAIM BEFORE THE GROUP POLICY SHALL
AFFORD COVERAGE PURSUANT TO THIS SECTION.
(I) GROUP COVERAGE PROVIDED FOR IN THIS SECTION MAY BE PLACED WITH AN
EXCESS LINE BROKER PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN
OF THIS CHAPTER.
§ 3459. CAR SHARE EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY
INSURANCE POLICIES. (A) THE DEFINITIONS SET FORTH IN SECTION THREE THOU-
SAND FOUR HUNDRED FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO THIS
SECTION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER MAY EXCLUDE ANY
AND ALL COVERAGE AFFORDED UNDER THE POLICY ISSUED TO THE SHARED VEHICLE
OWNER FOR ANY LOSS OR INJURY THAT OCCURS DURING THE CAR SHARING PERIOD
INCLUDING:
(1) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
(2) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THIS CHAPTER;
(3) UNINSURED MOTORIST COVERAGE;
(4) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVERAGE; AND
(5) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
(C) THE SHARED VEHICLE OWNER'S PERSONAL MOTOR VEHICLE INSURER SHALL
NOTIFY THE SHARED VEHICLE OWNER THAT THERE IS NO DUTY TO DEFEND OR
INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY FOR ANY LOSS THAT
SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
(D) NOTHING IN THIS ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
INSURANCE POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE
FOR MOTOR VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSI-
NESS USE.
§ 3460. PROHIBITION AGAINST CANCELLATION OF POLICY WHEN MOTOR VEHICLE
IS USED OR OPERATED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM. (A) AN
INSURER SHALL NOT CANCEL AN EXISTING MOTOR VEHICLE INSURANCE POLICY
SOLELY ON THE BASIS THAT THE MOTOR VEHICLE COVERED BY THE INSURANCE
POLICY HAS BEEN MADE AVAILABLE PURSUANT TO A PEER-TO-PEER CAR SHARING
PROGRAM UNLESS OTHERWISE AUTHORIZED UNDER SECTION THREE THOUSAND FOUR
HUNDRED TWENTY-FIVE OF THIS ARTICLE.
S. 6715 4
(B) THE DEFINITIONS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
FIFTY-EIGHT OF THIS ARTICLE SHALL APPLY TO THIS SECTION.
§ 3461. NOTICE OF CLAIM. (A) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THIS
CHAPTER, 11 NYCRR PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE OF CLAIM
TO THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED NOTICE
TO ALL APPROPRIATE PARTIES AND INSURERS.
(B) ANY SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM RECEIVING SUCH NOTICE
SHALL PROVIDE SUCH NOTICE TO ALL APPROPRIATE PARTIES.
§ 3. The general business law is amended by adding a new article 40 to
read as follows:
ARTICLE 40
PEER-TO-PEER CAR SHARING PROGRAMS
SECTION 900. DEFINITIONS.
901. LICENSING.
902. REQUIREMENTS FOR DOING BUSINESS.
903. PROGRAM LIABILITY.
904. LIEN IMPLICATIONS; NOTIFICATION.
905. INSURABLE INTEREST.
906. DISCLOSURES.
907. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
908. DATA PRIVACY PROTECTIONS.
909. RESPONSIBILITY FOR EQUIPMENT.
910. SAFETY RECALLS.
911. DISCRIMINATION BASED ON AGE PROHIBITED.
912. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP
PROHIBITED.
913. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
914. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
915. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
916. GLOBAL POSITIONING SYSTEMS.
917. NOTICE.
918. ELECTRONIC NOTICE AUTHORIZED.
919. AIRPORT TRANSACTIONS.
920. ENFORCEMENT.
§ 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "PEER-TO-PEER CAR SHARING" SHALL MEAN THE AUTHORIZED USE OF A
SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
PEER-TO-PEER CAR SHARING PROGRAM.
2. "PEER-TO-PEER CAR SHARING PROGRAM" OR "PROGRAM" SHALL MEAN THE
CORPORATION, PARTNERSHIP, FIRM, INSTITUTION, SOLE PROPRIETORSHIP OR
OTHER ENTITY OR PERSON THAT IS RESPONSIBLE FOR OPERATING, FACILITATING
OR ADMINISTERING THE MEANS, DIGITAL OR OTHERWISE, BY WHICH A BUSINESS
PLATFORM FACILITATES PEER-TO-PEER CAR SHARING FOR FINANCIAL CONSIDER-
ATION. SUCH PROGRAMS SHALL NOT INCLUDE NON-PROFIT OR CHARITABLE ORGAN-
IZATIONS THAT FACILITATE PEER-TO-PEER CAR SHARING IN EXCHANGE FOR
PAYMENT OF A FEE OR FOR FINANCIAL CONSIDERATION.
3. "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
4. "SHARED VEHICLE" MEANS A MOTOR VEHICLE THAT IS AVAILABLE FOR SHAR-
ING THROUGH A PEER-TO-PEER CAR SHARING PROGRAM THAT IS BOTH:
S. 6715 5
(A) USED NONEXCLUSIVELY FOR PEER-TO-PEER CAR SHARING ACTIVITY PURSUANT
TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT; AND
(B) NOT OTHERWISE MADE AVAILABLE BY THE SHARED VEHICLE OWNER FOR USE
AS A RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF
THE VEHICLE AND TRAFFIC LAW.
5. "SHARED VEHICLE DRIVER" SHALL MEAN A DRIVER, AS SUCH TERM IS
DEFINED BY SECTION ONE HUNDRED THIRTEEN OF THE VEHICLE AND TRAFFIC LAW,
OF A SHARED VEHICLE DURING THE SHARING PERIOD WHO HAS BEEN AUTHORIZED TO
USE SUCH SHARED VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM
AGREEMENT.
6. "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF A SHARED
VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
TO-PEER CAR SHARING PROGRAM.
7. "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD OF
TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF
THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY
THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
8. "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
SHARED VEHICLE BECOMES SUBJECT TO THE CONTROL OF THE SHARED VEHICLE
DRIVER AT, OR AFTER, THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF A PEER-TO-PEER CAR
SHARING PROGRAM.
9. "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR SHARING PERIOD" SHALL
MEAN THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR
SHARING DELIVERY PERIOD OR, IF THERE IS NO PEER-TO-PEER CAR SHARING
DELIVERY PERIOD, THE PERIOD OF TIME THAT SHALL COMMENCE WITH THE PEER-
TO-PEER CAR SHARING START TIME AND, IN EITHER CASE, SHALL END AT THE
PEER-TO-PEER CAR SHARING TERMINATION TIME.
10. "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE EARLI-
EST OF THE FOLLOWING EVENTS:
(A) 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 PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT;
(B) 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; OR
(C) WHEN THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S
AUTHORIZED DESIGNEE TAKES POSSESSION AND CONTROL OF THE SHARED VEHICLE.
11. "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW.
12. "MOTOR VEHICLE" SHALL:
(A) HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW; AND
(B) HAVE A GROSS WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS.
13. "OPTIONAL VEHICLE PROTECTION" SHALL:
(A) MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT TO CONTRACTU-
ALLY ASSUME LIABILITY OR RISK OF LOSS DUE TO PHYSICAL DAMAGE FOR ALL OR
PART OF ANY DAMAGE OR LOSS TO THE SHARED VEHICLE, ANY LOSS OF USE OF THE
SHARED VEHICLE, OR ANY STORAGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARG-
ES FOR WHICH A SHARED VEHICLE DRIVER, OR SHARED VEHICLE OWNER MAY BE
LIABLE.
(B) ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE USED
IN THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED TO,
"COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
"LDW", AND "PHYSICAL DAMAGE WAIVER".
S. 6715 6
§ 901. LICENSING. A PEER-TO-PEER CAR SHARING PROGRAM MAY NOT OPERATE
WITHIN THE STATE WITHOUT FIRST HAVING OBTAINED A LICENSE ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES IN A FORM AND MANNER AND WITH APPLICA-
BLE FEES AS PROVIDED FOR BY REGULATIONS PROMULGATED BY THE SUPERINTEN-
DENT OF FINANCIAL SERVICES. AS A CONDITION OF OBTAINING A LICENSE, A
PEER-TO-PEER CAR SHARING PROGRAM SHALL BE REQUIRED TO SUBMIT TO THE
DEPARTMENT OF FINANCIAL SERVICES PROOF OF A GROUP POLICY ISSUED PURSUANT
TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW.
§ 902. REQUIREMENTS FOR DOING BUSINESS. 1. NO SHARED VEHICLE SHALL BE
CLASSIFIED AS A COMMERCIAL VEHICLE, FOR-HIRE VEHICLE, TRANSPORTATION
NETWORK COMPANY OR TNC VEHICLE AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE
VEHICLE AND TRAFFIC LAW, TAXI-CAB, RENTAL VEHICLE AS DEFINED IN SECTION
ONE HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND TRAFFIC LAW, OR LIVERY
VEHICLE SOLELY BECAUSE THE SHARED VEHICLE OWNER ALLOWS SUCH VEHICLE TO
BE USED FOR PEER-TO-PEER CAR SHARING, OR AS SUCH FOR THE DURATION OF THE
CAR SHARING PERIOD, PROVIDED THAT: (A) THE PEER-TO-PEER CAR SHARING IS
COMPLIANT WITH A PEER-TO-PEER CAR SHARING PROGRAM AS PROVIDED IN THIS
ARTICLE; (B) IF THE CAR SHARING PROGRAM DOES NOT PROHIBIT SHARED VEHICLE
DRIVERS FROM USING SHARED VEHICLES FOR COMMERCIAL USES, THE INSURANCE
MAINTAINED BY THE CAR SHARING PROGRAM DOES NOT EXCLUDE COVERAGE FOR SUCH
COMMERCIAL USES; AND (C) THE CAR SHARING PROGRAM DOES NOT KNOWINGLY
PLACE THE SHARED VEHICLE INTO USE AS A COMMERCIAL VEHICLE OR AS A VEHI-
CLE FOR-HIRE OR AS A TRANSPORTATION NETWORK COMPANY VEHICLE BY A SHARED
VEHICLE DRIVER WHILE ENGAGED IN PEER-TO-PEER CAR SHARING, UNLESS THE
SHARED VEHICLE DRIVER OR OWNER, AS APPLICABLE, IS IN COMPLIANCE WITH
OTHER LAWS APPLIED TO THE COMMERCIAL USE OR TO USE AS A VEHICLE FOR-HIRE
OR AS A TRANSPORTATION NETWORK COMPANY VEHICLE.
2. A PEER-TO-PEER CAR SHARING PROGRAM, DURING EACH PEER-TO-PEER CAR
SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE OF,
SHALL MAINTAIN INSURANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE
AS FOLLOWS:
(A) PROVIDE INSURANCE COVERAGE THAT SATISFIES THE FINANCIAL RESPONSI-
BILITY REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
TWENTY OF THE INSURANCE LAW, ARTICLE FIFTY-ONE OF THE INSURANCE LAW AND
SUCH OTHER REQUIREMENTS, RULES OR REGULATIONS THAT MAY APPLY FOR THE
PURPOSES OF SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH
RESPECT TO THE USE OR OPERATION OF A MOTOR VEHICLE;
(B) MAINTAIN ADDITIONAL INSURANCE AGAINST LOSS FROM THE LIABILITY
IMPOSED BY LAW FOR DAMAGES DURING THE CAR SHARING PERIOD, INCLUDING
DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR
DEATH OF ANY PERSON AND INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT
OF THE OWNERSHIP, MAINTENANCE, USE OR OPERATION OF A SPECIFIC PERSONAL
VEHICLE OR VEHICLES WITHIN THE STATE, OR ELSEWHERE IN THE UNITED STATES
OR CANADA, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH
RESPECT TO EACH SUCH OCCURRENCE, OF AT LEAST ONE MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ANY
PERSON, AND INJURY TO OR DESTRUCTION OF PROPERTY; AND
(C) PROVIDE COVERAGE IN ACCORDANCE WITH SUBSECTION (F) OF SECTION
THREE THOUSAND FOUR HUNDRED TWENTY OF THE INSURANCE LAW, PROVIDING
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST INSURANCE FOR BODILY INJU-
RY, SUBJECT TO A LIMIT PER OCCURRENCE IN THE AMOUNT OF ONE MILLION TWO
HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH OF ANY
PERSON.
(D) THE INSURANCE REQUIRED UNDER THIS SUBDIVISION NEED NOT BE COTERMI-
NOUS WITH THE REGISTRATION PERIOD OF THE SHARED VEHICLE INSURED.
S. 6715 7
(E) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
3. THE INSURANCE REQUIREMENTS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION MAY BE SATISFIED BY INSURANCE PROVIDED THROUGH A GROUP POLICY
MAINTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM ON THE SHARED VEHI-
CLE, SHARED VEHICLE OWNER, AND SHARED VEHICLE DRIVER PURSUANT TO THIS
ARTICLE. PROVIDED THAT THE PEER-TO-PEER CAR SHARING PROGRAM'S GROUP
LIABILITY INSURANCE POLICY SHALL BE PRIMARY DURING EACH CAR SHARING
PERIOD, PURSUANT TO SECTION NINE HUNDRED THREE OF THIS CHAPTER, NOTHING
SHALL BE DEEMED TO PRECLUDE AN INSURER FROM PROVIDING EXCESS OR UMBRELLA
COVERAGE FOR THE SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER IF SUCH
SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER CHOOSES TO DO SO BY
CONTRACT OR ENDORSEMENT.
4. A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
CAR SHARING PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
OF, PERFORM THE FOLLOWING:
(A) PROVIDE SHARED VEHICLE OWNERS WITH PROOF OF INSURANCE COVERAGE
SATISFYING SUBDIVISION TWO OF THIS SECTION AND SUCH SHARED VEHICLE OWNER
OR SHARED VEHICLE DRIVER SHALL CARRY SUCH PROOF OF COVERAGE WITH HIM OR
HER AT ALL TIMES DURING HIS OR HER OPERATION OF A SHARED VEHICLE DURING
A PEER-TO-PEER CAR SHARING PERIOD. SUCH PROOF OF COVERAGE SHALL BE IN
SUCH FORM AS THE COMMISSIONER OF MOTOR VEHICLES SHALL PRESCRIBE, WHICH
MAY BE IN THE FORM OF AN INSURANCE IDENTIFICATION CARD AS DEFINED IN
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. ANY INSUR-
ANCE IDENTIFICATION CARD ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE SHALL BE IN ADDITION TO THE INSURANCE IDENTIFICATION CARD REQUIRED
PURSUANT TO ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, AND NOTHING
CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF
ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW. WHENEVER THE PRODUCTION OF
AN INSURANCE IDENTIFICATION CARD IS REQUIRED BY LAW, A SHARED VEHICLE
OWNER OR SHARED VEHICLE DRIVER SHALL: (I) PRODUCE THE INSURANCE IDEN-
TIFICATION CARD PURSUANT TO ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW;
AND (II) IF SUCH SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER WAS OPER-
ATING SUCH VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD, SUCH SHARED
VEHICLE OWNER OR SHARED VEHICLE DRIVER SHALL ALSO PRODUCE THE INSURANCE
IDENTIFICATION CARD REQUIRED PURSUANT TO THIS ARTICLE. A SHARED VEHICLE
OWNER OR SHARED VEHICLE DRIVER WHO, WHILE OPERATING A SHARED VEHICLE
DURING A PEER-TO-PEER CAR SHARING PERIOD, HAS IN EFFECT THE INSURANCE
REQUIRED PURSUANT TO THIS ARTICLE, SHALL NOT BE DEEMED TO BE IN
VIOLATION OF INSURANCE REQUIREMENTS UNDER ARTICLE SIX OF THE VEHICLE AND
TRAFFIC LAW DURING SUCH TIME AS HE OR SHE WAS OPERATING SUCH VEHICLE
DURING SUCH PERIOD.
(B) PROVIDE THE FOLLOWING FOR EACH SHARED VEHICLE DRIVER, FOR EACH
PEER-TO-PEER CAR SHARING PERIOD:
(I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN OF
SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER
DOCUMENTATION, WHETHER PRINTED OR ELECTRONIC, WHICH THE SHARED VEHICLE
DRIVER SHALL CARRY AND HAVE AVAILABLE IN THE VEHICLE AT ALL TIMES DURING
S. 6715 8
THE PEER-TO-PEER CAR SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
SECURITY INSURANCE REFERRED TO IN SUBDIVISION TWO OF THIS SECTION IS IN
FULL FORCE AND EFFECT; AND
(II) A TOLL-FREE NUMBER, ELECTRONIC MAIL, OR OTHER SUCH FORM OF COMMU-
NICATION BY WHICH A LAW ENFORCEMENT POLICE OFFICER, REPRESENTATIVE OF
THE DEPARTMENT OF MOTOR VEHICLES, OR OTHER OFFICER OF THIS STATE OR ANY
POLITICAL SUBDIVISION THEREOF WITH RELEVANT JOB RESPONSIBILITIES MAY
CONFIRM THAT THE INSURANCE PROVIDED FOR IN SUBDIVISION TWO OF THIS
SECTION IS IN FULL FORCE AND EFFECT.
(C) COLLECT, MAINTAIN, AND MAKE AVAILABLE TO THE SHARED VEHICLE OWNER,
THE SHARED VEHICLE OWNER'S PRIMARY MOTOR VEHICLE LIABILITY INSURER IN
CONNECTION WITH A CLAIMED LOSS, THE SHARED VEHICLE DRIVER'S PRIMARY
MOTOR VEHICLE LIABILITY INSURER IN CONNECTION WITH A CLAIMED LOSS, ANY
EXCESS OR UMBRELLA INSURERS IN CONNECTION WITH A CLAIMED LOSS, THIRD
PARTIES DIRECTLY INVOLVED IN MOTOR VEHICLE INCIDENTS WITH A SHARED VEHI-
CLE IN CONNECTION WITH A CLAIMED LOSS, AND ANY GOVERNMENT AGENCY AS
REQUIRED BY LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST, OR AS REASONABLY
PRACTICABLE THEREAFTER THE FOLLOWING INFORMATION PERTAINING TO INCIDENTS
WHICH OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
(I) AVAILABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
SHARED VEHICLE INVOLVED, AND TO THE EXTENT AVAILABLE, VERIFIABLE ELEC-
TRONIC RECORDS OF THE TIME, INITIAL AND FINAL LOCATIONS OF THE VEHICLE,
AND, TO THE EXTENT MILEAGE IS COLLECTED, MILES DRIVEN;
(II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
INSURER, ALL INFORMATION RELEVANT TO THE CLAIM, TO THE EXTENT SUCH
INFORMATION IS AVAILABLE, INCLUDING BUT NOT LIMITED TO, PAYMENTS BY THE
PROGRAM CONCERNING ACCIDENTS, DAMAGES AND INJURIES; AND
(III) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
(D) ENSURE THAT THE SHARED VEHICLE OWNER AND SHARED VEHICLE DRIVER ARE
GIVEN REASONABLE NOTICE PRIOR TO THE FIRST USE OR OPERATION OF A SHARED
VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT THAT:
(I) DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
COVERAGE AFFORDED UNDER ITS POLICY, PROVIDED THE SHARED VEHICLE OWNER'S
INSURER NOTIFIED ITS INSURED THAT IT SHALL HAVE NO DUTY TO INDEMNIFY OR
DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR ANY LOSS THAT OCCURS
DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
(II) ANY INSURANCE OR PHYSICAL DAMAGE PROTECTION OFFERED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION OR SUBSECTION (E) OF
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW,
SHALL NOT BE VALID OR COLLECTIBLE FOR DAMAGES OR LOSSES THAT OCCUR
OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD.
(E) ENSURE THAT THE SHARED VEHICLE OWNER ACKNOWLEDGES UPON OR BEFORE
ENROLLMENT IN A PEER-TO-PEER CAR SHARING PROGRAM, AND IS NOTIFIED IN
PLAIN CONSPICUOUS LANGUAGE BEFORE EACH CAR SHARING PERIOD, THAT STATE
LAW MAY IMPOSE LIABILITY FOR INJURIES TO PERSON OR PROPERTY RESULTING
FROM THE NEGLIGENCE IN THE USE OR OPERATION OF THE SHARED VEHICLE BY
S. 6715 9
SHARED VEHICLE DRIVERS FOR JUDGMENTS EXCEEDING THE COVERAGE LIMITS OF
INSURANCE IN EFFECT DURING THE CAR SHARING PERIOD. THE SUBSEQUENT NOTICE
REQUIRED UNDER THIS SUBSECTION MAY BE PROVIDED ELECTRONICALLY, INCLUDING
BY ELECTRONIC MAIL AND HYPERLINK TO A WEBSITE EXPLAINING INSURANCE
COVERAGES AND VICARIOUS LIABILITY OR OTHER SUBSTANTIALLY SIMILAR MEANS
OF NOTICE.
5. AT THE TIME A VEHICLE IS ENROLLED IN THE PEER-TO-PEER CAR SHARING
PROGRAM, THE PEER-TO-PEER CAR SHARING PLATFORM SHALL FILE WITH THE
COMMISSIONER OF MOTOR VEHICLES, IN SUCH FORM AND MANNER AS SUCH COMMIS-
SIONER MAY REQUIRE, A STATEMENT IDENTIFYING THE SHARED VEHICLE AND PROOF
OF A GROUP POLICY APPLICABLE TO SUCH SHARED VEHICLE PURSUANT TO SECTION
THREE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW. THE COMMISSIONER
OF MOTOR VEHICLES SHALL IDENTIFY THE VEHICLE AS ENROLLED IN THE PEER-TO-
PEER CAR SHARING PROGRAM AND PROVIDE PROOF OF A GROUP POLICY APPLICABLE
TO SUCH SHARED VEHICLE PURSUANT TO THE INSURANCE LAW IN SUCH VEHICLE OR
REGISTRATION RECORD IN A MANNER ACCESSIBLE TO THE PUBLIC. FAILURE OF A
PEER-TO-PEER CAR SHARING PLATFORM TO COMPLY WITH THE PROVISIONS OF THIS
ARTICLE MAY RESULT IN PENALTIES WHICH MAY INCLUDE SUSPENSION OR REVOCA-
TION OF LICENSE AS PROVIDED BY LAW.
6. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, A
GROUP POLICY MAINTAINED BY A PROGRAM SHALL BE PLACED WITH AN INSURER
AUTHORIZED TO WRITE INSURANCE IN THIS STATE.
(B) IF A PROGRAM IS UNABLE TO PURCHASE A GROUP POLICY BECAUSE SUCH
INSURANCE IS UNAVAILABLE FROM AUTHORIZED INSURERS, THE PROGRAM MAY
ACQUIRE SUCH GROUP INSURANCE WITH AN EXCESS LINE BROKER PURSUANT TO
SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW;
(C) THE OBLIGATION TO DETERMINE WHETHER THE INSURANCE REQUIRED BY THIS
SECTION IS UNAVAILABLE FROM INSURERS AUTHORIZED TO WRITE INSURANCE IN
THIS STATE SHALL BE MADE PRIOR TO THE INITIAL PLACEMENT AND AT EACH
RENEWAL OF A POLICY.
(D) COMPLIANCE WITH THE EXCESS AND SURPLUS LINE STATUTES AND REGU-
LATIONS OF THIS STATE SHALL BE PERFORMED WITH RESPECT TO THE GROUP AS A
WHOLE AND NOT WITH RESPECT TO INDIVIDUAL GROUP MEMBERS.
(E) A GROUP POLICY PROVIDED FOR IN THIS SECTION SHALL NOT INCLUDE A
MANDATORY ARBITRATION CLAUSE IN A POLICY ISSUED PURSUANT TO THIS
SECTION. NOTHING IN THIS SECTION SUPERSEDES THE MANDATORY ARBITRATION
REQUIREMENTS CONTAINED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF THE
INSURANCE LAW.
7. A PEER-TO-PEER CAR SHARING PROGRAM SHALL, UPON ENTERING INTO A
PEER-TO-PEER CAR SHARING AGREEMENT WITH A SHARED VEHICLE OWNER AND PRIOR
TO THE SHARED VEHICLE OWNER MAKING A SHARED VEHICLE AVAILABLE FOR SHAR-
ING IN THE PROGRAM, PROVIDE NOTICE IN PLAIN CONSPICUOUS LANGUAGE TO THE
SHARED VEHICLE OWNER THAT HE OR SHE MAY NEED ADDITIONAL INSURANCE COVER-
AGE INCLUDING MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN
PARAGRAPH NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED
THIRTEEN OF THE INSURANCE LAW IF THE SHARED VEHICLE IS SUBJECT TO A
LEASE OR LOAN. A PROGRAM SHALL ALSO POST THIS NOTICE ON ITS WEBSITE IN A
PROMINENT PLACE AND PROVIDE CONTACT INFORMATION FOR THE DEPARTMENT OF
FINANCIAL SERVICES.
§ 903. PROGRAM LIABILITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR VEHI-
CLE LIABILITY INSURANCE, IN THE EVENT OF A LOSS OR INJURY THAT SHALL
OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE PEER-TO-PEER CAR
SHARING PROGRAM INSURERS PROVIDING COVERAGES UNDER SECTION NINE HUNDRED
TWO OF THIS ARTICLE SHALL PROVIDE FINANCIAL RESPONSIBILITY FOR ANY BODI-
LY INJURY, DEATH, OR DAMAGE TO PROPERTY IN AMOUNTS NOT TO EXCEED THOSE
S. 6715 10
STATED IN THE PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT AND NOT LESS
THAN THOSE AMOUNTS REQUIRED IN SECTION NINE HUNDRED TWO OF THIS ARTICLE,
AND THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN SUCH LIABILITY
IRRESPECTIVE OF A LAPSE IN THE GROUP POLICY OR ANY OTHER INSURANCE POLI-
CY OR FINANCIAL SECURITY MAINTAINED BY THE PROGRAM.
2. THE INSURER OR INSURERS PROVIDING GROUP LIABILITY INSURANCE TO THE
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO SECTION NINE HUNDRED TWO OF
THIS ARTICLE SHALL BE PRIMARY DURING EACH CAR SHARING PERIOD. PROVIDED
HOWEVER, WHERE: (A) A GOOD FAITH DISPUTE EXISTS REGARDING WHO WAS IN
CONTROL OF THE VEHICLE WHEN THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM
OR WHETHER THE LOSS OCCURRED OUTSIDE OF THE CAR SHARING PERIOD; AND (B)
THE PEER-TO-PEER CAR SHARING PROGRAM DOES NOT HAVE AVAILABLE, DID NOT
RETAIN, OR IS OTHERWISE UNABLE TO PROVIDE INFORMATION DEMONSTRATING WHO
WAS IN CONTROL AT THE TIME OF THE LOSS OR WHETHER THE LOSS OCCURRED
OUTSIDE OF THE CAR SHARING PERIOD, THE SHARED VEHICLE OWNER'S PRIVATE
MOTOR VEHICLE INSURER SHALL INDEMNIFY INSURER OR INSURERS PROVIDING
GROUP LIABILITY, TO THE EXTENT OF ITS OBLIGATION UNDER THE APPLICABLE
INSURANCE POLICY, IF IT IS DETERMINED THAT THE LOSS OCCURRED OUTSIDE OF
THE PEER-TO-PEER CAR SHARING PERIOD. THE PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOTIFY THE REGISTERED OWNER'S INSURER OF ANY SUCH DISPUTE
WITHIN FIFTEEN DAYS OF BECOMING AWARE THAT SUCH A DISPUTE EXISTS.
3. IN THE EVENT THAT THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE
OWNER'S PERSONAL MOTOR VEHICLE INSURER IS NAMED AS A DEFENDANT IN A
CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
PEER-TO-PEER CAR SHARING PERIOD, OR OTHERWISE UNDER THE DIRECT AND IMME-
DIATE CONTROL OF A PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER
CAR SHARING PROGRAM SHALL HAVE THE DUTY TO DEFEND AND INDEMNIFY THE
SHARED VEHICLE OWNER AND THE SHARED VEHICLE OWNER'S INSURER SUBJECT TO
THE PROVISIONS OF THIS SECTION, SECTION NINE HUNDRED TWO OF THIS ARTICLE
AND SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE
LAW.
4. A MOTOR VEHICLE LIABILITY INSURER WHO DEFENDS OR INDEMNIFIES A
CLAIM AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF ITS
POLICY SHALL HAVE THE RIGHT TO SEEK CONTRIBUTION AGAINST THE PEER-TO-
PEER CAR SHARING PROGRAM'S INSURER, IF THE CLAIM IS MADE AGAINST THE
SHARED VEHICLE OWNER, THE SHARED VEHICLE DRIVER OR AUTHORIZED OPERATOR
FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD.
5. A PEER-TO-PEER CAR SHARING PROGRAM MAY CONTRACTUALLY ASSUME THE
RISK OF LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING THE TIME
THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
ER OR PEER-TO-PEER CAR SHARING PROGRAM, AND THAT SUCH ASSUMPTION OF
RISK:
(A) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE;
(B) THAT THE TERMS OF SUCH CONTRACTUAL ASSUMPTION MAY PROVIDE THAT THE
PROGRAM ASSUMES THE RISK OF PHYSICAL DAMAGE LOSS TO THE VEHICLE IN
EXCESS OF A SUM CERTAIN; AND
(C) IF THE TERMS OF SUCH CONTRACTUAL ASSUMPTION INCLUDE A SEPARATELY
ITEMIZED FEE CHARGED TO THE SHARED VEHICLE DRIVER SOLELY FOR THE
CONTRACTUAL ASSUMPTION OF THE RISK OF LOSS DUE TO PHYSICAL DAMAGE, THEN
IT SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN THIS ARTICLE.
6. TO THE EXTENT NOT OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, IN
A CLAIMS COVERAGE INVESTIGATION, A PEER-TO-PEER CAR SHARING PROGRAM
SHALL COOPERATE TO FACILITATE THE EXCHANGE OF RELEVANT INFORMATION WITH
DIRECTLY INVOLVED PARTIES AND ANY INSURER OF A SHARED VEHICLE OWNER'S OR
SHARED VEHICLE DRIVER'S PARTICIPATION IN A PEER-TO-PEER CAR SHARING
PROGRAM.
S. 6715 11
7. IN ADDITION TO OTHER REMEDIES AVAILABLE AT LAW, THE ATTORNEY GENER-
AL SHALL HAVE AUTHORITY TO ENFORCE THIS ARTICLE AS AUTHORIZED BY LAW,
INCLUDING INJUNCTIVE AND OTHER LEGAL AND EQUITABLE RELIEF FOR NON-COM-
PLIANCE BY A CAR SHARING PROGRAM OR ANY OTHER PARTY THROUGH CIVIL
PROCEEDINGS.
8. ANY PROVISION IN A PEER-TO-PEER CAR SHARING AGREEMENT DESIGNATED BY
THE COURTS OF ANOTHER JURISDICTION AS THE EXCLUSIVE FORUM FOR RESOLVING
DISPUTES SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY WITH RESPECT TO
THE USE OF A PEER-TO-PEER CAR SHARING PLATFORM OR SHARED VEHICLE IN THIS
STATE.
9. A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED TO HAVE RECEIVED
NOTICE OF INJURIES TO PERSONS OR PROPERTY COVERED UNDER THE INSURANCE
AND FINANCIAL SECURITY REQUIREMENTS OF THIS ARTICLE AT THE EARLIER OF
NOTICE RECEIVED BY THE PEER-TO-PEER CAR SHARING PROGRAM OR NOTICE
RECEIVED BY THE SHARED VEHICLE OWNER. A SHARED VEHICLE OWNER SHALL
PROMPTLY GIVE ACTUAL NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND
ITS INSURERS, INCLUDING NOTICE IN THE FORM AND MANNER AS REQUIRED IN THE
PEER-TO-PEER CAR SHARING AGREEMENT, OF ANY LOSSES POTENTIALLY COVERED BY
INSURANCE MAINTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM. A PEER-
TO-PEER CAR SHARING PROGRAM OR ITS INSURERS SHALL BE DEEMED TO HAVE
RECEIVED ACTUAL NOTICE WHEN A SHARED VEHICLE OWNER NOTIFIES THE PEER-TO-
PEER CAR SHARING PROGRAM OR ITS INSURERS WHEN THE SHARED VEHICLE OWNER
PROVIDED NOTICE IN THE FORM AND MANNER REQUIRED IN THE PEER-TO-PEER CAR
SHARING AGREEMENT.
10. FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE TO THE SHARED VEHICLE
OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-
PEER CAR SHARING PROGRAM OF ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
CLE DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY INSURER OF THE
SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
ATE PARTIES.
§ 904. LIEN IMPLICATIONS; NOTIFICATION. WHEN A VEHICLE OWNER FIRST
REGISTERS AS A SHARED VEHICLE OWNER ON A PEER-TO-PEER CAR SHARING
PROGRAM AND PRIOR TO SUCH TIME AS WHEN THE SHARED VEHICLE OWNER MAKES A
SHARED VEHICLE AVAILABLE FOR PEER-TO-PEER CAR SHARING ON THE PEER-TO-
PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL
NOTIFY IN PLAIN CONSPICUOUS LANGUAGE THE SHARED VEHICLE OWNER THAT, IF
THE SHARED VEHICLE SHALL HAVE A LIEN AGAINST IT, THE USE OF THE SHARED
VEHICLE THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, INCLUDING USE WITH-
OUT PHYSICAL DAMAGE COVERAGE, MAY VIOLATE THE TERMS OF THE CONTRACT WITH
THE LIENHOLDER.
§ 905. INSURABLE INTEREST. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE AN
INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
ING PERIOD.
2. NOTHING IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT TO
ENSURE FINANCIAL SECURITY PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO
OF SECTION NINE HUNDRED TWO OF THIS ARTICLE.
§ 906. DISCLOSURES. 1. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
MADE IN THE STATE SHALL DISCLOSE AND SEPARATELY STATE OR ITEMIZE TO THE
SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER:
S. 6715 12
(A) THE DAILY RATE, FEES, AND, IF APPLICABLE, ANY INSURANCE OR
PROTECTION PACKAGE COSTS THAT SHALL BE CHARGED TO THE SHARED VEHICLE
OWNER OR THE SHARED VEHICLE DRIVER; AND
(B) AN EMERGENCY TELEPHONE NUMBER TO CONTACT PERSONNEL CAPABLE OF
PROVIDING ROADSIDE ASSISTANCE AND HANDLING OTHER CUSTOMER SERVICE
INQUIRIES.
2. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL ACCEPT A RESERVATION
UNLESS THE SHARED VEHICLE DRIVER HAS RECEIVED A FINAL QUOTED RATE THAT
INCLUDES ALL CHARGES WHICH THE SHARED VEHICLE DRIVER SHALL PAY TO OBTAIN
ACCESS TO THE VEHICLE, PROVIDED, HOWEVER, THAT A PEER-TO-PEER CAR SHAR-
ING PROGRAM MAY SEPARATELY STATE ITEMIZED OPTIONAL ITEMS AND/OR SERVICES
OR ANY MILEAGE BELOW THE FINAL QUOTED RATE IN THE SAME FONT AND ON THE
SAME PAGE OR WEBPAGE ON WHICH THE RATE QUOTE IS PROVIDED.
§ 907. DRIVER'S LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL OPERATE THE
SHARED VEHICLE FURNISHES PROOF, BY ELECTRONIC MEANS OR OTHERWISE, OF:
(A) A VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIVER TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
(B) A VALID DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF THE
DRIVER'S RESIDENCE WHICH AUTHORIZES THE DRIVER IN SUCH STATE OR COUNTRY
TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE AND IS THE AGE
REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS OF VEHICLE; OR
(C) BEING OTHERWISE SPECIFICALLY AUTHORIZED BY A VALID LICENSE TO
OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
(A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
(B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE OF THE SHARED
VEHICLE DRIVER AND EACH OTHER PERSON, IF ANY, WHO SHALL OPERATE THE
SHARED VEHICLE; AND
(C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S LICENSE FOR EACH
SUCH VEHICLE OPERATOR.
§ 908. DATA PRIVACY PROTECTIONS. NOTWITHSTANDING ANY OTHER PROVISION
OF THE LAW TO THE CONTRARY, ALL TRIP DATA, PERSONAL INFORMATION, IMAGES,
VIDEOS, AND OTHER RECORDED IMAGES COLLECTED BY ANY PEER-TO-PEER CAR
SHARING PROGRAM WHICH IS AUTHORIZED TO OPERATE PURSUANT TO THIS ARTICLE
SHALL BE FOR THE EXCLUSIVE USE OF SUCH PEER-TO-PEER CAR SHARING PROGRAM
AND SHALL NOT BE SOLD, DISTRIBUTED, OR OTHERWISE MADE ACCESSIBLE EXCEPT:
1. TO THE PERSON WHO IS THE SUBJECT OF SUCH DATA INFORMATION OR
RECORD, OR TO ENABLE OR FACILITATE SUCH PERSON'S USE OF THE CAR SHARING
PROGRAM IN ACCORDANCE WITH THE PEER-TO-PEER CAR SHARING AGREEMENT;
2. TO RESPOND TO, PROCESS, FACILITATE, ADJUST, OR DEFEND AN INSURANCE
CLAIM; OR
3. IF NECESSARY TO COMPLY WITH A LAWFUL COURT ORDER, JUDICIAL WARRANT
SIGNED BY A JUDGE APPOINTED PURSUANT TO ARTICLE THREE OF THE UNITED
STATES CONSTITUTION, OR SUBPOENA FOR INDIVIDUAL DATA, INFORMATION OR
RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE
CIVIL PRACTICE LAW AND RULES.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE
DEEMED TO PRECLUDE THE EXCHANGE OF ANONYMIZED TRIP DATA, INFORMATION, OR
RECORDED IMAGES SOLELY FOR THE PURPOSE OF ADMINISTERING SUCH AUTHORIZED
SHARED PROGRAM, AND PROVIDED FURTHER THAT AGGREGATED ANONYMIZED TRIP
DATA MAY BE SHARED WITH THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS
FOR NON-COMMERCIAL TRANSPORTATION RESEARCH OR TRAFFIC MANAGEMENT
PURPOSES. ANY SUCH EXCHANGES OR SHARING SHALL EXCLUDE PERSONAL INFORMA-
TION, IMAGES, VIDEOS, AND OTHER RECORDED IMAGES COLLECTED BY ANY PEER-
S. 6715 13
TO-PEER CAR SHARING PROGRAM. FOR THE PURPOSES OF THIS SECTION, "PERSONAL
INFORMATION" SHALL MEAN INFORMATION THAT IDENTIFIES AN INDIVIDUAL,
INCLUDING BUT NOT LIMITED TO NAME, ADDRESS, TELEPHONE NUMBER, AND THE
TYPE AND FORM OF PAYMENT INCLUDING CREDIT CARD NUMBER, DEBIT CARD
NUMBER, OR OTHER PAYMENT METHOD.
§ 909. RESPONSIBILITY FOR EQUIPMENT. A PEER-TO-PEER CAR SHARING
PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR ANY EQUIPMENT, SUCH AS A
GLOBAL POSITIONING SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT WHICH IS
PUT IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER CAR
SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE
SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
THE PEER-TO-PEER CAR SHARING PERIOD NOT CAUSED BY SUCH SHARED VEHICLE
OWNER. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT DAMAGE CLAIMED
DURING THE PEER-TO-PEER CAR SHARING PERIOD WAS NOT CAUSED BY THE SHARED
VEHICLE OWNER. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE THE
RIGHT TO SEEK INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR
DAMAGE TO SUCH EQUIPMENT THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR
SHARING PERIOD.
§ 910. SAFETY RECALLS. 1. AT THE TIME WHEN A SHARED VEHICLE OWNER
REGISTERS A SHARED VEHICLE 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, AND
NO LESS THAN ANNUALLY THEREAFTER, THE PEER-TO-PEER CAR SHARING PROGRAM
SHALL:
(A) VERIFY THAT THE SHARED VEHICLE IS NOT SUBJECT TO ANY OPEN SAFETY
RECALLS APPEARING ON THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
RECALL DATABASE CREATED UNDER 49 C.F.R. 573.15 FOR WHICH THE RECALL
REPAIR HAS NOT BEEN MADE AND SHALL NOT PERMIT A SHARED VEHICLE TO BE
SHARED IN A PEER-TO-PEER CAR SHARING PROGRAM UNLESS THE VEHICLE RECALL
REPAIR HAS BEEN MADE; AND
(B) NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
VISION TWO OF THIS SECTION.
2. (A) IF THE SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY
RECALL ON A SHARED VEHICLE, BEFORE IT IS ENROLLED IN A PEER-TO-PEER CAR
SHARING PROGRAM SUCH SHARED VEHICLE OWNER SHALL NOT MAKE SUCH VEHICLE
AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING PROGRAM
UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(B) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A PEER-TO-
PEER CAR SHARING PROGRAM, THE SHARED VEHICLE OWNER SHALL REMOVE THE
SHARED VEHICLE FROM SUCH PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS
PRACTICABLE, AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER RECEIPT
OF SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL THE
NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
(C) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
ON A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF A
SHARED VEHICLE DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-
TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
BLE, AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF SUCH
NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
VEHICLE CAN BE REMOVED FROM THE PEER-TO-PEER CAR SHARING PROGRAM UNTIL
THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
(D) A SHARED VEHICLE OWNER SHALL NOT ENROLL A VEHICLE IN A PEER-TO-
PEER CAR SHARING PROGRAM UNLESS SUCH VEHICLE HAS BEEN ISSUED A VALID
SAFETY INSPECTION IN COMPLIANCE WITH ARTICLE FIVE OF THE VEHICLE AND
TRAFFIC LAW. A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT PERMIT A VEHI-
S. 6715 14
CLE TO BE SHARED UNLESS THE SHARED VEHICLE OWNER HAS FURNISHED PROOF TO
THE PROGRAM OF SUCH SAFETY INSPECTION IN COMPLIANCE WITH ARTICLE FIVE OF
THE VEHICLE AND TRAFFIC LAW WITHIN THE PRECEDING TWELVE MONTHS.
§ 911. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAWFUL
FOR ANY CORPORATION, PARTNERSHIP, FIRM, INSTITUTION, SOLE PROPRIETORSHIP
OR OTHER ENTITY OR PERSON ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR
SHARING TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON TWEN-
TY-ONE YEARS OF AGE OR OLDER SOLELY ON THE BASIS OF AGE, PROVIDED THAT
INSURANCE COVERAGE FOR PERSONS OF SUCH AGE IS AVAILABLE. ANY ACTUAL COST
FOR INSURANCE RELATED TO THE AGE OF THE SHARED DRIVER MAY BE PASSED ON
TO SUCH PERSON.
2. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS.
§ 912. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP PROHIBIT-
ED. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, INSTITU-
TION, SOLE PROPRIETORSHIP, CORPORATION OR OTHER ENTITY ENGAGED IN THE
BUSINESS OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A SHARED VEHICLE
AVAILABLE TO ANY PERSON SOLELY ON THE REQUIREMENT OF OWNERSHIP OF A
CREDIT CARD.
2. FOR THE PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL MEAN ANY
CREDIT CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD OR
DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
EOF, AND MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE, LOAN, OR
CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
§ 913. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED. 1. NO
CORPORATION, PARTNERSHIP, FIRM, INSTITUTION, SOLE PROPRIETORSHIP OR
OTHER ENTITY OR PERSON ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHAR-
ING SHALL REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON OTHER-
WISE QUALIFIED BECAUSE OF RACE, COLOR, ETHNIC ORIGIN, RELIGION, DISABIL-
ITY, OR SEX.
2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED
IN PEER-TO-PEER CAR SHARING FOUND BY A COURT OF COMPETENT JURISDICTION
TO HAVE VIOLATED A PROVISION OF THIS SECTION SHALL BE SUBJECT TO A
PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE HUNDRED
DOLLARS FOR EACH VIOLATION.
3. (A) IF A PEER-TO-PEER CAR SHARING PROGRAM SHALL ENGAGE IN A
PERSISTENT OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES
AGAINST ANY INDIVIDUAL BASED ON SUCH INDIVIDUAL'S RACE, COLOR, ETHNIC
ORIGIN, RELIGION, DISABILITY, RESIDENCE OR GEOGRAPHIC LOCATION, INCOME,
SEXUAL ORIENTATION, GENETIC PREDISPOSITION OR SEX OR MEMBERSHIP IN AN
OTHERWISE PROTECTED CLASS PURSUANT TO STATE OR FEDERAL LAW, THE ATTORNEY
GENERAL MAY APPLY, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK,
TO THE SUPREME COURT OF THE STATE OF NEW YORK, ON FIVE DAYS' NOTICE, FOR
AN ORDER ENJOINING THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECT-
ING RESTITUTION AND DAMAGES. IN ANY SUCH PROCEEDING, THE ATTORNEY GENER-
AL MAY SEEK A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER
VIOLATION AND MAY RECOVER COSTS PURSUANT TO PARAGRAPH SIX OF SUBDIVISION
(A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND
RULES.
(B) THE TERM "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
S. 6715 15
(C) THE TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
REPETITION OF ANY SEPARATE AND DISTINCT BUSINESS ACTIVITY OR CONDUCT
WHICH SHALL AFFECT MORE THAN ONE PERSON.
(D) THE TERM "BUSINESS ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
ING PROGRAM.
(E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING UNDER THIS
SECTION, SUCH AUTHORIZATION SHALL NOT TERMINATE DUE TO SUCH ACTION OR
PROCEEDING BEING BROUGHT.
(F) (I) A PEER-TO-PEER CAR SHARING PROGRAM SHALL IMPLEMENT A ZERO-TO-
LERANCE POLICY REGARDING A SHARED VEHICLE DRIVER'S OR SHARED VEHICLE
OWNER'S ACTIVITIES WHILE ACCESSING THE PEER-TO-PEER CAR SHARING
PROGRAM'S DIGITAL NETWORK.
(II) A PEER-TO-PEER CAR SHARING PROGRAM SHALL ADOPT A POLICY OF NON-
DISCRIMINATION ON THE BASIS OF RESIDENCE OR GEOGRAPHIC LOCATION, RACE,
COLOR, NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE OR AFFILIATION, SEX,
DISABILITY, AGE, SEXUAL ORIENTATION, OR GENETIC PREDISPOSITION WITH
RESPECT TO SHARED VEHICLE OWNERS AND SHARED VEHICLE DRIVERS, AND NOTIFY
PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE OWNERS AND SHARED VEHI-
CLE DRIVERS OR SUCH POLICY.
(III) PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE OWNERS AND
SHARED VEHICLE DRIVERS SHALL COMPLY WITH ALL APPLICABLE LAWS REGARDING
NON-DISCRIMINATION AGAINST SHARED VEHICLE DRIVERS OR POTENTIAL SHARED
VEHICLE DRIVERS ON THE BASIS OF DESTINATION, RACE, COLOR, NATIONAL
ORIGIN, RELIGIOUS BELIEF, PRACTICE OR AFFILIATION, SEX, DISABILITY, AGE,
SEXUAL ORIENTATION, OR GENETIC PREDISPOSITION WITH RESPECT TO SHARED
VEHICLE OWNERS AND SHARED VEHICLE DRIVERS AND NOTIFY SHARED VEHICLE
DRIVERS AND SHARED VEHICLE OWNERS OF SUCH POLICY.
(IV) PEER-TO-PEER CAR SHARING PROGRAMS SHALL INFORM SHARED VEHICLE
OWNERS OF THEIR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS RELATING
TO ACCOMMODATION OF SERVICE ANIMALS.
(V) A PEER-TO-PEER CAR SHARING PROGRAM SHALL IMPLEMENT AND MAINTAIN A
POLICY AND AN OVERSIGHT PROCESS OF PROVIDING ACCESSIBILITY TO SHARED
VEHICLE DRIVERS WITH A DISABILITY AND ACCOMMODATION OF SERVICE ANIMALS
AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED TWENTY-THREE-B OF THE
AGRICULTURE AND MARKETS LAW. A PEER-TO-PEER CAR SHARING PROGRAM SHALL
NOT IMPOSE ADDITIONAL CHARGES FOR PROVIDING SERVICES TO PERSONS WITH
PHYSICAL DISABILITIES BECAUSE OF THOSE DISABILITIES.
(VI) THE NEW YORK STATE DIVISION OF HUMAN RIGHTS SHALL BE AUTHORIZED
TO ACCEPT, REVIEW AND INVESTIGATE ANY POTENTIAL OR ACTUAL VIOLATIONS
WITH RESPECT TO COMPLIANCE WITH NONDISCRIMINATION LAWS AND ACCESSIBILITY
LAWS IN A FORM AND MANNER CONSISTENT WITH AUTHORITY UNDER ARTICLE
FIFTEEN OF THE EXECUTIVE LAW AND SHALL NOTIFY THE DEPARTMENT OF FINAN-
CIAL SERVICES, UPON A FINDING OF A VIOLATION BY A PEER-TO-PEER CAR SHAR-
ING PROGRAM, FOR PURPOSES OF SUSPENDING A PEER-TO-PEER CAR SHARING
PROGRAM'S ABILITY TO OPERATE IN THE STATE.
§ 914. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I) A PEER-
TO-PEER CAR SHARING PROGRAM SHALL NOT CHARGE A SEPARATELY ITEMIZED FEE
SOLELY FOR OPTIONAL VEHICLE PROTECTION, EXCEPT AS FOLLOWS:
(A) THE FEE CHARGED BY A PEER-TO-PEER CAR SHARING PROGRAM SHALL REPRE-
SENT THE PROGRAM'S GOOD-FAITH ESTIMATE OF A DAILY CHARGE, AS CALCULATED
BY THE PROGRAM, TO RECOVER THE ACTUAL, TOTAL ANNUAL EXPENSES, INCURRED
BY THE PROGRAM, TOGETHER WITH A COMMERCIALLY REASONABLE ALLOWANCE FOR
S. 6715 16
THE CONTRACTUAL RISKS ASSUMED BY THE PROGRAM, FOR THE PROGRAM'S AGREE-
MENT WITH SHARED VEHICLE DRIVERS TO CONTRACTUALLY ASSUME LIABILITY FOR
ALL OR PART OF ANY DAMAGE OR LOSS TO THE SHARED VEHICLE DURING THE CARE
SHARING PERIOD;
(B) IF THE TOTAL AMOUNT OF OPTIONAL VEHICLE PROTECTION FEES COLLECTED
BY A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS SECTION IN ANY CALENDAR
YEAR EXCEEDS THE PROGRAM'S ACTUAL COSTS, THE PROGRAM SHALL:
(1) RETAIN THE EXCESS AMOUNT; AND
(2) ADJUST THE ESTIMATED, AVERAGE PER DAY OPTIONAL VEHICLE PROTECTION
FEE FOR THE FOLLOWING CALENDAR YEAR BY A CORRESPONDING AMOUNT.
(II) NOTHING IN THIS SECTION SHALL PREVENT A PEER-TO-PEER CAR SHARING
PROGRAM FROM MAKING ADJUSTMENT TO THE OPTIONAL VEHICLE PROTECTION FEE
DURING THE CALENDAR YEAR.
(B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
PROTECTION UNLESS THE SHARED VEHICLE DRIVER OR SHARED VEHICLE OWNER
AGREES TO THE PURCHASE OF SUCH PROTECTION IN WRITING AT OR PRIOR TO THE
TIME THE PEER-TO-PEER CAR SHARING AGREEMENT IS EXECUTED.
(C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
PROTECTION CONTRACTUALLY ASSUMED FROM THE SHARED VEHICLE OWNER EXCEPT
FOR ONE OR MORE OF THE FOLLOWING REASONS:
(I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
(II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S OPERATION OF THE
VEHICLE WHILE INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS;
(III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-
PEER CAR SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE
INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
(IV) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE VEHICLE WHILE
ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
(V) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE TO
CARRY PERSONS OR PROPERTY FOR HIRE, AS A TRANSPORTATION NETWORK COMPANY
OR TNC VEHICLE AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND
TRAFFIC LAW, TO PUSH OR TOW ANYTHING, WHILE ENGAGED IN A SPEED CONTEST,
OPERATING OFF-ROAD, OR FOR DRIVER'S TRAINING;
(VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED
VEHICLE DRIVER'S SPOUSE, CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR
PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH SPOUSE, CHILD,
PARENT OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE
AND RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE
NORMAL COURSE OF EMPLOYMENT;
(VII) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
OUTSIDE OF THE UNITED STATES WHEN THAT USE IS NOT SPECIFICALLY AUTHOR-
IZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
(VIII) THE SHARED VEHICLE DRIVER OR HIS OR HER SPOUSE, CHILD OVER THE
AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIV-
ER HAVE FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR
LOSS AS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION;
(IX) THE SHARED VEHICLE OWNER KNOWINGLY PROVIDED ERRONEOUS OR INACCU-
RATE INFORMATION TO THE PEER-TO-PEER CAR SHARING PROGRAM IN CONNECTION
WITH ANY RESERVATION FOR WHICH THE SHARED VEHICLE OWNER HAS AGREED THAT
THE PEER-TO-PEER CAR SHARING PROGRAM WILL CONTRACTUALLY ASSUME THE RISK
OF LOSS FOR PHYSICAL DAMAGE TO THE SHARED VEHICLE;
S. 6715 17
(X) THE SHARED VEHICLE OWNER FAILS TO SUBMIT A CLAIM FOR PHYSICAL
DAMAGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PEER-TO-PEER
CAR SHARING PROGRAM AGREEMENT; OR
(XI) WHERE THE SHARED VEHICLE OWNER FAILS TO MAKE THE SHARED VEHICLE
AVAILABLE FOR INSPECTION WHEN A SHARED VEHICLE DRIVER OR THE SHARED
VEHICLE DRIVER'S INSURER REQUESTS TO INSPECT THE SHARED VEHICLE IN
ACCORDANCE WITH THIS ARTICLE.
(D) A SHARED VEHICLE DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION PRIOR
TO THE BEGINNING OF THE CAR SHARING PERIOD WITHIN TWENTY-FOUR HOURS OF
PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS ENTERED INTO A PEER-TO-PEER
CAR SHARING AGREEMENT WITH A TERM OF TWO OR MORE DAYS; (II) APPEARS IN
PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER WITH THE VEHICLE THAT
SHALL BE SUBJECT TO INSPECTION; AND (III) SIGNS A CANCELLATION FORM
PROVIDED BY THE PEER-TO-PEER CAR SHARING PROGRAM.
(E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY PROSPECTIVELY
TERMINATE OPTIONAL VEHICLE PROTECTION PRIOR TO THE BEGINNING OF THE CAR
SHARING PERIOD, PROVIDED THE CUSTOMER: (I) APPEARS IN PERSON BEFORE THE
SHARED VEHICLE OWNER TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO
INSPECTION; (II) VOIDS THE OPTIONAL VEHICLE PROTECTION IN WRITING; AND
(III) PAYS THE OPTIONAL VEHICLE PROTECTION CHARGE FOR ANY FULL OR
PARTIAL DAY OR PORTION OF A DAY DURING WHICH THE OPTIONAL VEHICLE
PROTECTION WAS IN EFFECT.
2. SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT OF
THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
CLE DRIVER LIABLE FOR ACTUAL DAMAGE TO, OR LOSS OF, A SHARED VEHICLE,
PROVIDED THAT:
(A) ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL INSPECTION
AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
(B) ANY CHARGE FOR REPAIR OF SUCH DAMAGE SHALL BE LIMITED TO ACTUAL
AND REASONABLE COSTS AND SHALL BE ASSESSED AND BILLED SEPARATELY AND
APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
CONSPICUOUSLY, IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE ADVERTISED
COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
TO THE SHARED VEHICLE DRIVER, THAT THE PURCHASE OF SUCH PROTECTION IS
OPTIONAL, IF SUCH RATE CAN BE ASCERTAINED AT THE TIME OF PURCHASE AND
THAT PROSPECTIVE SHARED VEHICLE DRIVERS SHOULD EXAMINE THEIR CREDIT CARD
PROTECTIONS AND AUTOMOBILE INSURANCE POLICIES FOR COVERAGE.
(B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
BY THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
FONT.
(C) WHEN THE WEBSITE OF A PEER-TO-PEER CAR SHARING PROGRAM OR THE
VIDEO PRESENTATION OF A TELEVISION OR INTERNET ADVERTISEMENT BY SUCH
PEER-TO-PEER CAR SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT OF THE
COST OF A SHARED VEHICLE, THE DEPICTION OF SUCH COST OF THE OPTIONAL
VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
(D) WHEN A RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION OF A TELE-
VISION ADVERTISEMENT CONTAINS THE STATEMENT OF THE COST OF A SHARED
VEHICLE, THE ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY BE ACCOMPA-
NIED BY AN ORAL STATEMENT OF THE COST OF THE OPTIONAL VEHICLE PROTECTION
IF OFFERED AS A SEPARATELY ITEMIZED PRODUCT.
(E) WHEN A TELEPHONE, INTERNET OR OTHER INQUIRY FOR THE COST OF A
SHARED VEHICLE IS MADE TO A PEER-TO-PEER CAR SHARING PROGRAM WHICH
S. 6715 18
INVOLVES AN INTERACTION WITH A REPRESENTATIVE OF A PEER-TO-PEER CAR
SHARING PROGRAM, THE REPRESENTATIVE OF SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL, IN RESPONSE TO THE INQUIRY, ADVISE THAT ADDITIONAL
OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER CAR SHARING
PROGRAM SHALL NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL PROVIDE
THE COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
OF SUCH PROTECTION IS OPTIONAL AND THAT THE SHARED VEHICLE DRIVER'S
PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
(F) ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON THE
FOLLOWING INFORMATION ON ITS WEBSITE:
"NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS
AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR
SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): THIS CONTRACT
OFFERS, FOR AN ADDITIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSI-
BILITY FOR DAMAGE OR LOSS TO THE SHARED VEHICLE. OVP IS ALSO COMMONLY
REFERRED TO AS A "COLLISION DAMAGE WAIVER". THE PURCHASE OF OVP IS
OPTIONAL AND MAY BE DECLINED. BEFORE DECIDING WHETHER TO PURCHASE OVP,
YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE
INSURANCE MAINTAINED BY YOURSELF OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS
YOU ANY COVERAGE FOR DAMAGE TO THE SHARED VEHICLE, AND THE AMOUNT OF
DEDUCTIBLE UNDER ANY SUCH COVERAGE. OVP - WHEN VOID: OVP IS VOID AND
SHALL NOT APPLY TO THE FOLLOWING SITUATIONS:
1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE SHARED VEHICLE
DRIVER'S INTENTIONAL ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED OR UNLAW-
FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
2. THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
SHARING AGREEMENT BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION
SUPPLIED BY THE SHARED VEHICLE DRIVER;
3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
(A) WHILE ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
INFRACTION;
(B) TO CARRY PERSONS OR PROPERTY FOR HIRE, AS A TRANSPORTATION NETWORK
COMPANY OR TNC VEHICLE AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE
AND TRAFFIC LAW, TO PUSH OR TOW ANYTHING, WHILE ENGAGED IN A SPEED
CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S TRAINING;
(C) BY A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
SHARED VEHICLE DRIVER'S SPOUSE, CHILD OVER THE AGE OF EIGHTEEN OR A
PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH
SPOUSE, CHILD, PARENT OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A
MOTOR VEHICLE AND RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE
DRIVER; OR (3) A PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPEN-
SATION AND IN THE NORMAL COURSE OF EMPLOYMENT;
(D) OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN NOT SPECIFICALLY
AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
(E) WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER SPOUSE, CHILD OVER
THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED VEHICLE
DRIVER FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR
LOSS AS SET FORTH IN LAW. OVP - DAMAGE REPORTING REQUIREMENTS: IF THE
SHARED VEHICLE SUSTAINS DAMAGE OR LOSS, THE SHARED VEHICLE DRIVER IS
REQUIRED TO COMPLETE AND RETURN AN INCIDENT REPORT NOTICE TO THE PEER-
TO-PEER CAR SHARING PROGRAM. OVP - RIGHT TO INSPECT VEHICLE DAMAGES:
THE SHARED VEHICLE DRIVER AND HIS OR HER INSURER HAVE THE RIGHT TO
REQUEST AN INSPECTION OF THE SHARED VEHICLE DAMAGES WITHIN SEVENTY-TWO
S. 6715 19
HOURS OF THE RETURN OF THE VEHICLE. FAILURE OF THE SHARED VEHICLE DRIVER
OR HIS OR HER INSURER TO REQUEST SUCH INSPECTION WITHIN SEVENTY-TWO
HOURS OF RETURN SHALL BE DEEMED A WAIVER OF SUCH PERSON OR ENTITY'S
RIGHT TO INSPECT THE DAMAGED VEHICLE. THEFT OF THE SHARED VEHICLE: IF
THE SHARED VEHICLE IS STOLEN DURING THE TERM OF A PEER-TO-PEER CAR SHAR-
ING AGREEMENT, A SHARED VEHICLE DRIVER MUST REPORT THE THEFT OF THE
SHARED VEHICLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND A LAW
ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF LEARNING OF SUCH THEFT."
(F) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE OF THE
PEER-TO-PEER CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT PROVIDED TO THE
SHARED VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT:
"NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHI-
CLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS
TO THE SHARED VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS
OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER
WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE COVERAGE PROVIDED BY
YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY THAT WILL COVER THE
SHARED VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE
PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR
VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED VEHICLE
AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
(G) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
FACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND, IN PLAIN
LANGUAGE, THE CONDITIONS AND EXCLUSIONS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
CLE OWNER OR THE PEER-TO-PEER CAR SHARING PROGRAM OF DAMAGE TO THE
SHARED VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM SUCH
SHARED VEHICLE DRIVER OF HIS OR HER RIGHT TO INSPECT THE VEHICLE, AND
THE PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS (B)
AND (C) OF SUBDIVISION FIVE OF THIS SECTION.
4. (A) UPON IDENTIFICATION OF DAMAGE BY THE SHARED VEHICLE OWNER OR
PEER-TO-PEER CAR SHARING PROGRAM AT THE TIME OF RETURN OF THE SHARED
VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
IN TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE SHARED
VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
THE SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND A
NOTICE, PURSUANT TO THIS SUBDIVISION, OF THE OBLIGATION OF THE SHARED
VEHICLE DRIVER TO EXECUTE AND RETURN TO THE PEER-TO-PEER CAR SHARING
PROGRAM A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE IS RETURNED BY AUTO-
MATION, RETURNED AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
OR PEER-TO-PEER CAR SHARING PROGRAM, SUCH INCIDENT REPORT FORM AND
NOTICE SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL RETAIN
A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
OF SIX YEARS.
(B) WITHIN SEVENTY-TWO HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL
NOTIFY OR SEND NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM THAT
EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR SEND
S. 6715 20
A REQUEST FOR THIS INSPECTION WITHIN THE SEVENTY-TWO-HOUR PERIOD, HE,
SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
(C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
RETURN THE INCIDENT REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER THAN
TEN DAYS AFTER THE MAILING OF NOTIFICATION PURSUANT TO SUCH PARAGRAPH
(A), MAIL ANOTHER COPY OF THE INCIDENT REPORT TOGETHER WITH A LETTER
STATING THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE FAILED
TO COMPLETE AND RETURN THE INCIDENT REPORT. SUCH MAILING SHALL BE BY
OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
AND ANOTHER COPY OF SUCH NOTIFICATION BY REGULAR MAIL, WITH PROOF OF
MAILING BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST OFFICE.
WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
SHARED VEHICLE DRIVER OR HIS OR HER INSURER, THE INSPECTION SHALL BE
COMPLETED WITHIN SEVEN DAYS OF SUCH REQUEST. IF THE PEER-TO-PEER CAR
SHARING PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND
SUBJECT TO SALVAGE, SUCH SEVENTY-TWO HOUR PERIOD FOR NOTIFICATION OR
WAIVER OF THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN BUSINESS
DAYS FROM THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION FROM THE
PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION TO INSPECT THE DAMAGED VEHICLE, WHICH SHALL BE MADE AVAIL-
ABLE BY THE SHARED VEHICLE OWNER. WITHIN THE LIMITS PROVIDED IN THIS
PARAGRAPH, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL IDENTIFY THE
REPAIRER OF, AND PROVIDE ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
VERIFY THE NATURE AND EXTENT OF DAMAGES, REPAIRS AND REPAIR COSTS,
AND/OR REPAIR ESTIMATES.
(D) ALL NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS AS DESIGNATED
BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.
(E) THE SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS OF
THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
(F) THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE IN AT LEAST
TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT WITHIN
TEN DAYS OF RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
LIABLE FOR DAMAGES SUSTAINED TO THE SHARED VEHICLE. EXCEPT WHERE THE
DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
FROM THE RETURN OR RECOVERY OF THE VEHICLE TO NOTIFY THE PEER-TO-PEER
CAR SHARING PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
CLE. THE INSPECTION SHALL BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF THE
REQUEST TO INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER OR
HIS OR HER INSURER REQUESTING SUCH INSPECTION WITHIN THE SEVENTY-TWO-
HOUR PERIOD, THE SHARED VEHICLE DRIVER AND HIS OR HER INSURER WILL BE
DEEMED TO HAVE WAIVED THIS RIGHT. IF THE PEER-TO-PEER CAR SHARING
PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
SALVAGE, SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF THE
WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH RIGHT TO
INSPECT THE DAMAGED VEHICLE SHALL EXPIRE TEN BUSINESS DAYS FROM THE
SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
SHARING COMPANY. UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR HER
INSURER, WE WILL PROVIDE A COPY OF THE PROFESSIONAL ESTIMATE OF THE
COSTS OF REPAIRING THE DAMAGED MOTOR VEHICLE." INFORMATION THAT IS
S. 6715 21
PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL SATISFY ANY
REPORTING OBLIGATION OF A SHARED VEHICLE DRIVER IF SUCH RESPONSE
SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM OF LOSS, SAME SHALL BE
REQUESTED OF THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
(G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING SHALL
CONSTITUTE AN "INCIDENT REPORT FORM":
(A) A MOTOR VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
(B) ANY SIMILAR APPROPRIATE FORM FURNISHED BY THE PEER-TO-PEER CAR
SHARING PROGRAM.
(II) AN INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH:
(A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH A REQUEST
THAT HE OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
(B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS A FILL-IN FORM ON THE
PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
ER SHALL BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS SUBDI-
VISION.
(H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
HE OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED BY PARAGRAPH (B) OF
THIS SUBDIVISION.
(I) THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT REPORT
FORM, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF OF MAILING BY
PRODUCTION OF A CERTIFICATE OF MAILING. IF SUCH SHARED VEHICLE DRIVER
SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED INCIDENT REPORT
WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
SUBDIVISION SHALL BE DEEMED SATISFIED.
5. (A) A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME THE
SHARED VEHICLE IS UNDER THE PEER-TO-PEER CAR SHARING AGREEMENT;
PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE FOR
ANY NORMAL WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION OF
THE CONDITION OF THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE OF
THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
TIME THE SHARED VEHICLE IS SUBJECT TO THE PEER-TO-PEER CAR SHARING
AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE COSTS" SHALL MEAN THE
COST TO REPAIR THE SHARED VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND SHALL
INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.
S. 6715 22
(B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
LESSER OF:
(I) THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR SHARING
PROGRAM INCURRED TO REPAIR THE MOTOR VEHICLE OR THAT THE PEER-TO-PEER
CAR SHARING PROGRAM WOULD HAVE INCURRED IF THE MOTOR VEHICLE HAD BEEN
REPAIRED, WHICH SHALL REFLECT ANY DISCOUNTS, PRICE REDUCTIONS, OR
ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
(II) THE FAIR MARKET VALUE OF THE SHARED VEHICLE IMMEDIATELY BEFORE
THE DAMAGE OCCURRED, AS DETERMINED IN THE APPLICABLE MARKET FOR THE
RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
(C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
OF THIS SUBDIVISION FOR LOSS OF A SHARED VEHICLE SHALL NOT EXCEED
REASONABLE COSTS INCURRED BY THE PEER-TO-PEER CAR SHARING PROGRAM FOR
SUCH LOSS DUE TO THEFT OF SUCH SHARED VEHICLE UP TO ITS FAIR MARKET
VALUE, AS DETERMINED BY THE APPLICABLE MARKET FOR THE RETAIL SALE OF
SUCH VEHICLE IF IT IS ESTABLISHED THAT SUCH SHARED VEHICLE DRIVER
COMMITTED, OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT OF SUCH
SHARED VEHICLE.
(D) DAMAGES INCURRED FOR THE LOSS OF USE OF A SHARED VEHICLE AND
RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
CLE DRIVER OR HIS OR HER INSURER.
(E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
DRIVER LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING PROGRAM
RECOVERS FROM ANY OTHER PARTY.
(F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
THE PEER-TO-PEER CAR SHARING PROGRAM:
(I) OBTAINS AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER IN THE
BUSINESS OF PROVIDING SUCH APPRAISALS REGARDING THE COST OF REPAIRING
SUCH SHARED VEHICLE;
(II) PROVIDES A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH SHARED
VEHICLE DRIVER; AND
(III) SUBMITS A COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
(G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM DAMAGE OR
LOSS TO A SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR COLLECT ANY CLAIM
FOR PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
(B) OF THIS SUBDIVISION.
(H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE POLICY
OF THE DRIVER OF A SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
PEER-TO-PEER CAR SHARING PROGRAM SUBMIT ANY CLAIMS TO SUCH DRIVER'S
INSURANCE CARRIER. UPON THE REQUEST OF A SHARED VEHICLE DRIVER, THE
PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO SUCH DRIV-
ER'S INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
TATIONS THAT IT SHALL NOT NEGOTIATE WITH SUCH DRIVER'S INSURANCE
CARRIER.
6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
SECURITY DEPOSIT BY CREDIT CARD, DEBIT CARD OR OTHERWISE, FOR DAMAGES TO
A SHARED VEHICLE OR REPORT THE DEBT TO ANY CONSUMER REPORTING AGENCY, AS
DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED EIGHTY-A OF THIS
S. 6715 23
CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING PROGRAM AGREE-
MENT, PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
IN A COURT OF COMPETENT JURISDICTION.
(B) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR AN
ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
DRIVER, IN ANY FORM, FOR DAMAGES TO A SHARED VEHICLE WHICH IS IN THE
SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
(C) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
RETURN OR RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION, UNTIL AFTER
THE COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS AGREED
TO BETWEEN SUCH PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE
DRIVER OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR PEER-
TO-PEER CAR SHARING PROGRAM AGREEMENT PROVISIONS CONSISTENT WITH LAW AND
THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS SECTION, UNLESS THERE IS
PROOF CORROBORATING THAT THE DAMAGE DID NOT EXIST PRIOR TO THE RESERVA-
TION AND THE DAMAGE IS APPRAISED BY AN INDEPENDENT THIRD-PARTY
APPRAISER; PROVIDED, HOWEVER, THAT A PEER-TO-PEER CAR SHARING PROGRAM IS
NOT PRECLUDED FROM PRESENTING A CLAIM TO A SHARED VEHICLE DRIVER AND HIS
OR HER INSURER PURSUANT TO OTHER PROVISIONS OF THIS SECTION.
(D) CAUSES OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE APPROPRIATE, BE
COMMENCED BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED A DEMAND
LETTER. A DEMAND LETTER SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND POST OFFICE
ADDRESS OF SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME WHEN, THE PLACE
WHERE AND THE MANNER IN WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT
KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS DISCOVERED BY THE
SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED, ACCOMPANIED
BY SUPPORTING DOCUMENTATION, SUCH AS REPAIR BILLS, INVOICES AND ESTI-
MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED UPON SUCH SHARED VEHICLE
DRIVER AND HIS OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
NOTHING CONTAINED HEREIN SHALL PROHIBIT A PEER-TO-PEER CAR SHARING
PROGRAM AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE MATTER TO ARBI-
TRATION OR MEDIATION.
7. NO PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
DRIVER LIABLE FOR ANY DAMAGE TO, OR LOSS OF, A SHARED VEHICLE, AS
PROVIDED BY THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN AT
LEAST TWELVE POINT BOLD FACE DISPLAY, THE NATURE AND EXTENT OF SUCH
LIABILITY AND SUCH DRIVER'S RIGHTS AND RESPONSIBILITIES PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (F) OF
SUBDIVISION THREE OF THIS SECTION.
8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE TO THE PEER-TO-PEER
CAR SHARING PLATFORM AND APPROPRIATE LAW ENFORCEMENT AGENCY IMMEDIATELY
UPON LEARNING OF THE THEFT OF A SHARED VEHICLE.
§ 915. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT SHALL BE UNLAWFUL
FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
ING PRACTICES SOLELY ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE
S. 6715 24
RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A PEER-
TO-PEER CAR SHARING AGREEMENT:
1. REFUSING TO ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
PROGRAM PROVIDED, HOWEVER, THAT A CAR SHARING PROGRAM MAY DESIGNATE
GEOGRAPHICAL BOUNDARIES WHERE A CAR SHARING START TIME OR TERMINATION
TIME OCCURS;
2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR SHARING OF A
SHARED VEHICLE; OR
3. IMPOSING ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
§ 916. GLOBAL POSITIONING SYSTEMS. A PEER-TO-PEER CAR SHARING PROGRAM
SHALL NOT USE INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM TECHNOLOGY
TO DETERMINE OR IMPOSE ANY COSTS, FEES, CHARGES, OR PENALTIES ON A
SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF A SHARED VEHICLE. THE USE
OF GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF SUCH PEER-
TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR PENALTIES
TO RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR STOLEN. THE PROVISIONS
OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR SUPERSEDE ANY
OTHER PROVISION OF LAW.
§ 917. NOTICE. IN ACCORDANCE WITH ANY APPLICABLE FEDERAL LAW OR RULE,
EVERY PEER-TO-PEER CAR SHARING PROGRAM SHALL DISPLAY THE FOLLOWING
NOTICE PROMINENTLY AND IN A CLEAR AND CONSPICUOUS LOCATION ON ITS
WEBSITE, WITH LETTERING THAT IS LEGIBLE: "NOTICE: NEW YORK STATE LAW
PROHIBITS THE FOLLOWING PRACTICES BY PEER-TO-PEER CAR SHARING PROGRAMS
BASED UPON RACE, COLOR, ETHNIC ORIGIN, RELIGION, DISABILITY, SEX, MARI-
TAL STATUS, RESIDENCE OR GEOGRAPHIC LOCATION, INCOME, SEXUAL ORIEN-
TATION, GENETIC PREDISPOSITION OR AGE: (1) REFUSAL TO ALLOW PARTIC-
IPATION IN A PEER-TO-PEER CAR SHARING PROGRAM; AND (2) THE IMPOSITION OF
ANY ADDITIONAL CHARGE (EXCEPT IN CERTAIN INSTANCES WHERE THE SHARED
VEHICLE DRIVER IS UNDER THE AGE OF 25). IN ADDITION, IT IS UNLAWFUL FOR
ANY PEER-TO-PEER CAR SHARING PROGRAM TO REFUSE TO ALLOW PARTICIPATION IN
THE PROGRAM TO ANY PERSON SOLELY ON THE REQUIREMENT OF OWNERSHIP OF A
CREDIT CARD."
§ 918. ELECTRONIC NOTICE AUTHORIZED. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE, ANY NOTICE OR DISCLOSURE OF GENERAL APPLICA-
BILITY REQUIRED TO BE PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE
AVAILABLE BY A PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO ANY
PROVISION OF THIS ARTICLE SHALL ALSO BE DEEMED TIMELY AND EFFECTIVELY
MADE WHERE SUCH NOTICE OR DISCLOSURE IS PROVIDED OR DELIVERED ELECTRON-
ICALLY TO THE SHARED VEHICLE OWNER AND/OR DRIVER AT OR BEFORE THE TIME
REQUIRED, PROVIDED THAT SUCH SHARED VEHICLE OWNER AND/OR DRIVER HAS
GIVEN HIS OR HER EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR DISCLOSURE IN
SUCH A MANNER.
2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY BE DEEMED A VALID
FORM OF ACCEPTANCE OF ANY SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS ACCEPTANCE IS AFFIRMATIVELY
WITHDRAWN BY SUCH SHARED VEHICLE DRIVER. NOTICES AND DISCLOSURES MADE
ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM ANY
PLACEMENT OR STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
TO LOCATION, FONT SIZE, TYPESET, OR OTHER SPECIFICALLY STATED
DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
MANNER.
§ 919. AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT NOT
LIMITED TO THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING COMMERCE AT
SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR SHARING
PROGRAM ENTER INTO AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-PEER
S. 6715 25
CAR SHARING PROGRAM SHALL ENTER INTO A WRITTEN AGREEMENT, WHERE THE
PEER-TO-PEER CAR SHARING PROGRAM OR SHARED VEHICLE OWNER USES THE
PROGRAM TO:
1. LIST VEHICLES PARKED ON AIRPORT PROPERTY OR AT AIRPORT FACILITIES;
2. CONTRACT FOR TRANSPORTATION TO OR FROM AIRPORT PROPERTY OR AIRPORT
FACILITIES;
3. FACILITATE THE USE OF A SHARED VEHICLE TO TRANSPORT AIRPORT PASSEN-
GERS ON OR OFF AIRPORT PROPERTY; OR
4. PROMOTE OR MARKET A SHARED VEHICLE TO TRANSPORT AIRPORT PASSENGERS
ON OR OFF AIRPORT PROPERTY.
§ 920. ENFORCEMENT. 1. EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE, ANY PEER-TO-
PEER CAR SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
FOR EACH VIOLATION.
2. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH PEER-TO-PEER
CAR SHARING PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
THE CONTINUANCE OF SUCH VIOLATIONS.
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
(C) IN ANY PROCEEDING AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
(D) IN SUPPORT OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
3. ANY CLAUSE OR PROVISION OF A PEER-TO-PEER CAR SHARING AGREEMENT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
AGAINST PUBLIC POLICY.
§ 4. The tax law is amended by adding a new article 29-D to read as
follows:
ARTICLE 29-D
ASSESSMENT FEES
SECTION 1299-J. DEFINITIONS.
1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE.
1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT ASSESSMENT FEE.
1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE.
1299-N. PRESUMPTION.
1299-O. RETURNS AND PAYMENT OF PEER-TO-PEER ASSESSMENT FEE.
1299-P. RECORDS TO BE KEPT.
1299-Q. SECRECY OF RETURNS AND REPORTS.
1299-R. PRACTICE AND PROCEDURE.
1299-S. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1299-J. DEFINITIONS. TERMS USED IN THIS ARTICLE SHALL HAVE THE SAME
MEANING AS IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS LAW UNLESS
EXPRESSLY PROVIDED OTHERWISE. FOR PURPOSES OF THIS ARTICLE, THE FOLLOW-
ING TERM SHALL HAVE THE FOLLOWING MEANING:
S. 6715 26
"GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER" MEANS ALL CONSIDER-
ATION PAID BY A SHARED VEHICLE DRIVER FOR USE OF A SHARED VEHICLE,
INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT FOR SEPARATELY STATED CHARG-
ES FOR TAXES AND GOVERNMENT-IMPOSED FEES AND AIRPORT FACILITY FEES,
WHETHER IMPOSED ON THE SHARED VEHICLE DRIVER OR PASSED THROUGH TO THE
SHARED VEHICLE DRIVER.
§ 1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE. IN
ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTICLE OF THIS CHAPTER,
THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHARING PROGRAM A FEE
OF TWO PERCENT OF THE GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER
WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE STATE AND TERMINATES
ANYWHERE IN THE STATE. THE TAX IMPOSED UNDER THIS SECTION SHALL INCREASE
TO THREE PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER ON
THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
§ 1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION DISTRICT
ASSESSMENT FEE. IN ADDITION TO THE FEE IMPOSED UNDER SECTION TWELVE
HUNDRED NINETY-NINE-K OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED
UNDER ANY OTHER ARTICLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON
EVERY PEER-TO-PEER CAR SHARING PROGRAM A METROPOLITAN COMMUTER TRANSPOR-
TATION DISTRICT FEE OF TWO PERCENT OF THE GROSS CHARGES PAID BY THE
SHARED VEHICLE DRIVER WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE
STATE AND TERMINATES ANYWHERE IN THE METROPOLITAN COMMUTER TRANSPORTA-
TION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE
PUBLIC AUTHORITIES LAW. THE TAX IMPOSED UNDER THIS SECTION SHALL
INCREASE TO THREE PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE
DRIVER ON THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
§ 1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE. IN
ADDITION TO THE FEE IMPOSED UNDER SECTION TWELVE HUNDRED NINETY-NINE-K
OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTI-
CLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR
SHARING PROGRAM A REGIONAL TRANSPORTATION FEE OF TWO PERCENT OF THE
GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER WHEN THE CAR SHARING
PERIOD BEGINS ANYWHERE IN THE STATE AND TERMINATES ANYWHERE IN THE STATE
OUTSIDE OF METROPOLITAN TRANSPORTATION DISTRICT AS ESTABLISHED BY
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW. THE TAX
IMPOSED UNDER THIS SECTION SHALL INCREASE TO THREE PERCENT OF GROSS
CHARGES PAID BY THE SHARED VEHICLE DRIVER ON THE FIRST OF JANUARY, TWO
THOUSAND TWENTY-THREE.
§ 1299-N. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
THIS ARTICLE AND TO PREVENT EVASION OF THE PEER-TO-PEER ASSESSMENT FEE
IMPOSED BY THIS ARTICLE, IT SHALL BE PRESUMED THAT EVERY PEER-TO-PEER
CAR SHARING PROGRAM THAT BEGINS ANYWHERE IN THE STATE IS SUBJECT TO THE
FEES UNDER THIS ARTICLE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE
CONTRARY IS PROVEN BY THE PERSON LIABLE FOR THE FEE.
§ 1299-O. RETURNS AND PAYMENT OF PEER-TO-PEER ASSESSMENT FEE. (A)
EVERY PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY THIS
ARTICLE SHALL FILE A RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE
COMMISSIONER. EACH RETURN SHALL SHOW THE NUMBER OF TRIPS, THE TOTAL
GROSS CHARGES FOR EACH TRIP AND THE AMOUNT OF FEES DUE THEREON IN THE
QUARTER FOR WHICH THE RETURN IS FILED, TOGETHER WITH SUCH OTHER INFORMA-
TION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED BY THIS
SECTION SHALL BE FILED WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY
PERIOD COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY IN ORDER
TO ENSURE THE PAYMENT OF THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY THIS
ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER
PERIODS THAN PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND
S. 6715 27
UPON SUCH DATES AS THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS
SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMA-
TION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO
BE FILED WITHIN THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION
SPECIFIED IN THE NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS
BE FILED ELECTRONICALLY.
(B) EVERY PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE REQUIRED
TO FILE A RETURN UNDER THIS ARTICLE SHALL, AT THE TIME OF FILING SUCH
RETURN, PAY TO THE COMMISSIONER THE TOTAL OF ALL PEER-TO-PEER ASSESSMENT
FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH FEE UNDER THIS ARTI-
CLE. THE AMOUNT SO PAYABLE TO THE COMMISSIONER FOR THE PERIOD FOR WHICH
A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND PAYABLE TO THE COMMIS-
SIONER ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN FOR SUCH PERI-
OD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR WHETHER THE RETURN
THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF TRIPS, GROSS TRIP
CHARGES OR AMOUNT OF FEES DUE THEREON. THE COMMISSIONER MAY REQUIRE
THAT THE FEE BE PAID ELECTRONICALLY.
§ 1299-P. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE PEER-TO-PEER
ASSESSMENT FEES IMPOSED BY THIS ARTICLE SHALL KEEP:
(A) RECORDS OF EVERY PEER-TO-PEER CAR SHARING PROGRAM TRIP SUBJECT TO
THE FEES UNDER THIS ARTICLE, AND OF ALL AMOUNTS PAID, CHARGED OR DUE
THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
(B) TRUE AND COMPLETE COPIES, INCLUDING ELECTRONIC COPIES, OF ANY
RECORDS REQUIRED TO BE KEPT BY A STATE AGENCY THAT IS AUTHORIZED TO
PERMIT OR REGULATE A PEER-TO-PEER CAR SHARING PROGRAM; AND
(C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
§ 1299-Q. SECRECY OF RETURNS AND REPORTS. (A) EXCEPT IN ACCORDANCE
WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE
UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, ANY PERSON ENGAGED OR RETAINED BY THE DEPARTMENT ON AN INDEPENDENT
CONTRACT BASIS, OR ANY PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF
THE CONTENTS OF A RETURN OR REPORT FILED WITH THE COMMISSIONER PURSUANT
TO THIS ARTICLE, TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY PARTICULARS
SET FORTH OR DISCLOSED IN ANY SUCH RETURN OR REPORT. THE OFFICERS
CHARGED WITH THE CUSTODY OF SUCH RETURNS AND REPORTS SHALL NOT BE
REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE OF ANYTHING CONTAINED IN
THEM IN ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
COMMISSIONER IN AN ACTION OR PROCEEDING UNDER THE PROVISIONS OF THIS
CHAPTER OR IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION OF
A PEER-TO-PEER ASSESSMENT FEE DUE UNDER THIS ARTICLE TO WHICH THE STATE
OR THE COMMISSIONER IS A PARTY OR A CLAIMANT, OR ON BEHALF OF ANY PARTY
TO ANY ACTION, PROCEEDING OR HEARING UNDER THE PROVISIONS OF THIS ARTI-
CLE WHEN THE RETURNS, REPORTS OR FACTS SHOWN THEREBY ARE DIRECTLY
INVOLVED IN SUCH ACTION, PROCEEDING OR HEARING, IN ANY OF WHICH EVENTS
THE COURT, OR IN THE CASE OF A HEARING, THE DIVISION OF TAX APPEALS MAY
REQUIRE THE PRODUCTION OF, AND MAY ADMIT INTO EVIDENCE, SO MUCH OF SAID
RETURNS, REPORTS OR OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT TO THE
ACTION, PROCEEDING OR HEARING AND NO MORE. THE COMMISSIONER OR THE DIVI-
SION OF TAX APPEALS MAY, NEVERTHELESS, PUBLISH A COPY OR A SUMMARY OF
ANY DECISION RENDERED AFTER A HEARING REQUIRED BY THIS ARTICLE. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE DELIVERY TO A PERSON
WHO HAS FILED A RETURN OR REPORT OR TO SUCH PERSON'S DULY AUTHORIZED
REPRESENTATIVE OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED IN
CONNECTION WITH SUCH PERSON'S ASSESSMENT FEE. NOR SHALL ANYTHING IN THIS
S. 6715 28
SECTION BE CONSTRUED TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLAS-
SIFIED AS TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS
AND THE ITEMS THEREOF, INCLUDING WITHOUT LIMITATION THE FINANCIAL PLAN
PUBLISHED IN ACCORDANCE WITH ARTICLE VII OF THE CONSTITUTION, OR THE
INSPECTION BY THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF THE
STATE OF THE RETURN OR REPORT OF ANY PERSON REQUIRED TO PAY THE PEER-TO-
PEER ASSESSMENT FEE WHO SHALL BRING ACTION TO REVIEW THE PEER-TO-PEER
ASSESSMENT FEE BASED THEREON, OR AGAINST WHOM AN ACTION OR PROCEEDING
UNDER THIS CHAPTER HAS BEEN RECOMMENDED BY THE COMMISSIONER OR THE
ATTORNEY GENERAL OR HAS BEEN INSTITUTED, OR THE INSPECTION OF THE
RETURNS OR REPORTS REQUIRED UNDER THIS ARTICLE BY THE COMPTROLLER OR
DULY DESIGNATED OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND
CONTROL, FOR PURPOSES OF THE AUDIT OF A REFUND OF ANY PEER-TO-PEER
ASSESSMENT FEE PAID BY A PERSON REQUIRED TO PAY THE PEER-TO-PEER ASSESS-
MENT FEES UNDER THIS ARTICLE. PROVIDED, FURTHER, NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO PROHIBIT THE DISCLOSURE, IN SUCH MANNER AS THE
COMMISSIONER DEEMS APPROPRIATE, OF THE NAMES AND OTHER APPROPRIATE IDEN-
TIFYING INFORMATION OF THOSE PERSONS REQUIRED TO PAY PEER-TO-PEER
ASSESSMENT FEES UNDER THIS ARTICLE.
(B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER, IN HIS OR HER DISCRETION, MAY REQUIRE OR PERMIT ANY OR
ALL PERSONS LIABLE FOR ANY PEER-TO-PEER ASSESSMENT FEES IMPOSED BY THIS
ARTICLE, TO MAKE PAYMENT TO BANKS, BANKING HOUSES OR TRUST COMPANIES
DESIGNATED BY THE COMMISSIONER AND TO FILE RETURNS WITH SUCH BANKS,
BANKING HOUSES OR TRUST COMPANIES AS AGENTS OF THE COMMISSIONER, IN LIEU
OF PAYING ANY SUCH PEER-TO-PEER ASSESSMENT FEES DIRECTLY TO THE COMMIS-
SIONER. HOWEVER, THE COMMISSIONER SHALL DESIGNATE ONLY SUCH BANKS, BANK-
ING HOUSES OR TRUST COMPANIES AS ARE ALREADY DESIGNATED BY THE COMP-
TROLLER AS DEPOSITORIES PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-EIGHT
OF THIS CHAPTER.
(C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER MAY PERMIT THE SECRETARY OF THE TREASURY OF THE UNITED
STATES OR SUCH SECRETARY'S DELEGATE, OR THE AUTHORIZED REPRESENTATIVE OF
EITHER SUCH OFFICER, TO INSPECT ANY RETURN FILED UNDER THIS ARTICLE, OR
MAY FURNISH TO SUCH OFFICER OR SUCH OFFICER'S AUTHORIZED REPRESENTATIVE
AN ABSTRACT OF ANY SUCH RETURN OR SUPPLY SUCH PERSON WITH INFORMATION
CONCERNING AN ITEM CONTAINED IN ANY SUCH RETURN, OR DISCLOSED BY ANY
INVESTIGATION OF LIABILITY UNDER THIS ARTICLE, BUT SUCH PERMISSION SHALL
BE GRANTED OR SUCH INFORMATION FURNISHED ONLY IF THE LAWS OF THE UNITED
STATES GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE COMMISSIONER OR
OFFICER OF THIS STATE CHARGED WITH THE ADMINISTRATION OF THE PEER-TO-
PEER ASSESSMENT FEES IMPOSED BY THIS ARTICLE, AND ONLY IF SUCH INFORMA-
TION IS TO BE USED FOR PURPOSES OF TAX ADMINISTRATION ONLY; AND PROVIDED
FURTHER THE COMMISSIONER MAY FURNISH TO THE COMMISSIONER OF INTERNAL
REVENUE OR SUCH COMMISSIONER'S AUTHORIZED REPRESENTATIVE SUCH RETURNS
FILED UNDER THIS ARTICLE AND OTHER TAX INFORMATION, AS SUCH COMMISSIONER
MAY CONSIDER PROPER, FOR USE IN COURT ACTIONS OR PROCEEDINGS UNDER THE
INTERNAL REVENUE CODE, WHETHER CIVIL OR CRIMINAL, WHERE A WRITTEN
REQUEST THEREFOR HAS BEEN MADE TO THE COMMISSIONER BY THE SECRETARY OF
THE TREASURY OF THE UNITED STATES OR SUCH SECRETARY'S DELEGATE, PROVIDED
THE LAWS OF THE UNITED STATES GRANT SUBSTANTIALLY SIMILAR POWERS TO THE
SECRETARY OF THE TREASURY OF THE UNITED STATES OR HIS OR HER DELEGATE.
WHERE THE COMMISSIONER HAS SO AUTHORIZED USE OF RETURNS AND OTHER INFOR-
MATION IN SUCH ACTIONS OR PROCEEDINGS, OFFICERS AND EMPLOYEES OF THE
DEPARTMENT MAY TESTIFY IN SUCH ACTIONS OR PROCEEDINGS IN RESPECT TO SUCH
RETURNS OR OTHER INFORMATION.
S. 6715 29
(D) RETURNS AND REPORTS FILED UNDER THIS ARTICLE SHALL BE PRESERVED
FOR THREE YEARS AND THEREAFTER UNTIL THE COMMISSIONER ORDERS THEM TO BE
DESTROYED.
(E) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
§ 1299-R. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-
SEVEN OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION AND
PROCEDURE WITH RESPECT TO THE FEES IMPOSED BY THIS ARTICLE IN THE SAME
MANNER AND IN THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH
SECTIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER HAD BEEN INCORPORATED
IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE FEES IMPOSED
UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS
EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT
TO THIS ARTICLE. THE FEES IMPOSED UNDER THIS ARTICLE ARE IN LIEU OF AND
REPLACE ANY TAX AS MAY BE IMPOSED UNDER SECTIONS ELEVEN HUNDRED SIXTY,
ELEVEN HUNDRED SIXTY-SIX-A, AND ELEVEN HUNDRED SIXTY-SIX-B OF THIS CHAP-
TER.
§ 1299-S. DEPOSIT AND DISPOSITION OF REVENUE. (A) ALL TAXES, FEES,
INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
SECTION TWELVE HUNDRED NINETY-NINE-K OF THIS ARTICLE SHALL BE DEPOSITED
AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVEN-
TY-ONE-A OF THIS CHAPTER.
(B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION TWELVE HUNDRED NINETY-NINE-L OF THIS
ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE CORPORATE TRANSPORTA-
TION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL
ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A OF THE
PUBLIC AUTHORITIES LAW, TO BE APPLIED AS PROVIDED IN PARAGRAPH (E) OF
SUBDIVISION FOUR OF SUCH SECTION.
(C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER SECTION TWELVE HUNDRED NINETY-NINE-M OF THIS
ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE PUBLIC TRANSPORTATION
SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-
EIGHT-A OF THE STATE FINANCE LAW.
§ 5. Subdivision 1 of section 171-a of the tax law, as amended by
section 5 of part C of chapter 59 of the laws of 2021, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), twenty-B, twenty-C, twenty-D, twenty-one, twenty-two, twenty-four,
twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in
section eleven hundred two or eleven hundred three thereof),
twenty-eight-A, twenty-nine-B, TWENTY-NINE-D (EXCEPT AS OTHERWISE
PROVIDED IN SECTIONS TWELVE HUNDRED NINETY-NINE-L AND TWELVE HUNDRED
NINETY-NINE-M), thirty-one (except as otherwise provided in section
fourteen hundred twenty-one thereof), thirty-three and thirty-three-A of
this chapter shall be deposited daily in one account with such responsi-
ble banks, banking houses or trust companies as may be designated by the
comptroller, to the credit of the comptroller. Such an account may be
established in one or more of such depositories. Such deposits shall be
S. 6715 30
kept separate and apart from all other money in the possession of the
comptroller. The comptroller shall require adequate security from all
such depositories. Of the total revenue collected or received under such
articles of this chapter, the comptroller shall retain in the comp-
troller's hands such amount as the commissioner may determine to be
necessary for refunds or reimbursements under such articles of this
chapter out of which amount the comptroller shall pay any refunds or
reimbursements to which taxpayers shall be entitled under the provisions
of such articles of this chapter. The commissioner and the comptroller
shall maintain a system of accounts showing the amount of revenue
collected or received from each of the taxes imposed by such articles.
The comptroller, after reserving the amount to pay such refunds or
reimbursements, shall, on or before the tenth day of each month, pay
into the state treasury to the credit of the general fund all revenue
deposited under this section during the preceding calendar month and
remaining to the comptroller's credit on the last day of such preceding
month, (i) except that the comptroller shall pay to the state department
of social services that amount of overpayments of tax imposed by article
twenty-two of this chapter and the interest on such amount which is
certified to the comptroller by the commissioner as the amount to be
credited against past-due support pursuant to subdivision six of section
one hundred seventy-one-c of this article, (ii) and except that the
comptroller shall pay to the New York state higher education services
corporation and the state university of New York or the city university
of New York respectively that amount of overpayments of tax imposed by
article twenty-two of this chapter and the interest on such amount which
is certified to the comptroller by the commissioner as the amount to be
credited against the amount of defaults in repayment of guaranteed
student loans and state university loans or city university loans pursu-
ant to subdivision five of section one hundred seventy-one-d and subdi-
vision six of section one hundred seventy-one-e of this article, (iii)
and except further that, notwithstanding any law, the comptroller shall
credit to the revenue arrearage account, pursuant to section
ninety-one-a of the state finance law, that amount of overpayment of tax
imposed by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B
or thirty-three of this chapter, and any interest thereon, which is
certified to the comptroller by the commissioner as the amount to be
credited against a past-due legally enforceable debt owed to a state
agency pursuant to paragraph (a) of subdivision six of section one
hundred seventy-one-f of this article, provided, however, he shall cred-
it to the special offset fiduciary account, pursuant to section ninety-
one-c of the state finance law, any such amount creditable as a liabil-
ity as set forth in paragraph (b) of subdivision six of section one
hundred seventy-one-f of this article, (iv) and except further that the
comptroller shall pay to the city of New York that amount of overpayment
of tax imposed by article nine, nine-A, twenty-two, thirty, thirty-A,
thirty-B or thirty-three of this chapter and any interest thereon that
is certified to the comptroller by the commissioner as the amount to be
credited against city of New York tax warrant judgment debt pursuant to
section one hundred seventy-one-l of this article, (v) and except
further that the comptroller shall pay to a non-obligated spouse that
amount of overpayment of tax imposed by article twenty-two of this chap-
ter and the interest on such amount which has been credited pursuant to
section one hundred seventy-one-c, one hundred seventy-one-d, one
hundred seventy-one-e, one hundred seventy-one-f or one hundred seven-
ty-one-l of this article and which is certified to the comptroller by
S. 6715 31
the commissioner as the amount due such non-obligated spouse pursuant to
paragraph six of subsection (b) of section six hundred fifty-one of this
chapter; and (vi) the comptroller shall deduct a like amount which the
comptroller shall pay into the treasury to the credit of the general
fund from amounts subsequently payable to the department of social
services, the state university of New York, the city university of New
York, or the higher education services corporation, or the revenue
arrearage account or special offset fiduciary account pursuant to
section ninety-one-a or ninety-one-c of the state finance law, as the
case may be, whichever had been credited the amount originally withheld
from such overpayment, and (vii) with respect to amounts originally
withheld from such overpayment pursuant to section one hundred seventy-
one-l of this article and paid to the city of New York, the comptroller
shall collect a like amount from the city of New York.
§ 6. Paragraph 1 of subdivision (e) of section 1101 of the tax law, as
amended by section 2 of part J of chapter 39 of the laws of 2019, is
amended to read as follows:
(1) Marketplace provider. A person who, pursuant to an agreement with
a marketplace seller, facilitates sales of tangible personal property by
such marketplace seller or sellers. A person "facilitates a sale of
tangible personal property" for purposes of this paragraph when the
person meets both of the following conditions: (A) such person provides
the forum in which, or by means of which, the sale takes place or the
offer of sale is accepted, including a shop, store, or booth, an inter-
net website, catalog, or similar forum; and (B) such person or an affil-
iate of such person collects the receipts paid by a customer to a
marketplace seller for a sale of tangible personal property, or
contracts with a third party to collect such receipts. For purposes of
this paragraph, a "sale of tangible personal property" shall not include
the rental of a passenger car as described in section eleven hundred
sixty of this chapter but shall include a lease described in subdivision
(i) of section eleven hundred eleven of this article AND PEER-TO-PEER
CAR SHARING AS DESCRIBED IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS
LAW. For purposes of this paragraph, persons are affiliated if one
person has an ownership interest of more than five percent, whether
direct or indirect, in another, or where an ownership interest of more
than five percent, whether direct or indirect, is held in each of such
persons by another person or by a group of other persons that are affil-
iated persons with respect to each other. Notwithstanding anything in
this paragraph, a person who is not otherwise registered pursuant to
section eleven hundred [thirty four] THIRTY-FOUR of this article is not
a marketplace provider if such person has no physical presence in New
York and, for the immediately preceding four quarterly periods ending on
the last day of February, May, August and November, can show that the
cumulative total gross receipts of sales it has made or facilitated of
property delivered in this state does not exceed five hundred thousand
dollars or that such person has not made or facilitated more than one
hundred sales of property delivered in this state. However, such person
may elect to register as a marketplace provider, and, once registered,
will be subject to the provisions of this article.
§ 7. Section 1160 of the tax law is amended by adding a new subdivi-
sion (c) to read as follows:
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PEER-TO-PEER
CAR SHARING PROGRAM AS DEFINED IN SECTION NINE HUNDRED OF THE GENERAL
BUSINESS LAW AND WHICH IS SUBJECT TO THE ASSESSMENT FEES SET FORTH IN
ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
S. 6715 32
§ 8. Section 1166-a of the tax law is amended by adding a new subdivi-
sion (c) to read as follows:
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PEER-TO-PEER
CAR SHARING PROGRAM AS DEFINED IN SECTION NINE HUNDRED OF THE GENERAL
BUSINESS LAW AND WHICH IS SUBJECT TO THE ASSESSMENT FEES SET FORTH IN
ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
§ 9. Section 1166-b of the tax law is amended by adding a new subdivi-
sion (c) to read as follows:
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PEER-TO-PEER
CAR SHARING PROGRAM AS DEFINED IN SECTION NINE HUNDRED OF THE GENERAL
BUSINESS LAW AND WHICH IS SUBJECT TO THE ASSESSMENT FEES SET FORTH IN
ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
§ 10. Paragraph a of subdivision 1, paragraph a of subdivision 2, and
subdivision 3 of section 600 of the vehicle and traffic law, paragraph a
of subdivision 1 and paragraph a of subdivision 2 as amended and subdi-
vision 3 as added by section 4 of part AAA of chapter 59 of the laws of
2017, are amended to read as follows:
a. Any person operating a motor vehicle who, knowing or having cause
to know that damage has been caused to the real property or to the
personal property, not including animals, of another, due to an incident
involving the motor vehicle operated by such person shall, before leav-
ing the place where the damage occurred, stop, exhibit his or her
license and insurance identification card for such vehicle, when such
card is required pursuant to articles six and eight of this chapter, and
give his or her name, residence, including street and number, insurance
carrier and insurance identification information including but not
limited to the number and effective dates of said individual's insurance
policy, and license number to the party sustaining the damage, or in
case the person sustaining the damage is not present at the place where
the damage occurred then he or she shall report the same as soon as
physically able to the nearest police station, or judicial officer. In
addition to the foregoing, any such person shall also: (i) (A) produce
the proof of insurance coverage required pursuant to article
forty-four-B of this chapter if such person is a TNC driver operating a
TNC vehicle while the incident occurred who was [(A)] (1) logged on to
the TNC's digital network but not engaged in a TNC prearranged trip or
[(B)] (2) was engaged in a TNC prearranged trip; and [(ii)] (B)
disclose whether he or she, at the time such incident occurred, was
[(A)] (1) logged on to the TNC's digital network but not engaged in a
TNC prearranged trip or [(B)] (2) was engaged in a TNC prearranged trip,
OR (II) (A) PRODUCE THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO
ARTICLE FORTY OF THE GENERAL BUSINESS LAW IF SUCH PERSON IS A SHARED
VEHICLE OWNER OR SHARED VEHICLE DRIVER OPERATING A SHARED VEHICLE DURING
A PEER-TO-PEER CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED; AND (B)
DISCLOSE WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS
OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD.
a. Any person operating a motor vehicle who, knowing or having cause
to know that personal injury has been caused to another person, due to
an incident involving the motor vehicle operated by such person shall,
before leaving the place where the said personal injury occurred, stop,
exhibit his or her license and insurance identification card for such
vehicle, when such card is required pursuant to articles six and eight
of this chapter, and give his or her name, residence, including street
and street number, insurance carrier and insurance identification infor-
mation including but not limited to the number and effective dates of
said individual's insurance policy and license number, to the injured
S. 6715 33
party, if practical, and also to a police officer, or in the event that
no police officer is in the vicinity of the place of said injury, then,
he or she shall report said incident as soon as physically able to the
nearest police station or judicial officer. In addition to the forego-
ing, any such person shall also: (i) (A) produce the proof of insurance
coverage required pursuant to article forty-four-B of this chapter if
such person is a TNC driver operating a TNC vehicle at the time of the
incident who was [(A)] (1) logged on to the TNC's digital network but
not engaged in a TNC prearranged trip or [(B)] (2) was engaged in a TNC
prearranged trip; and [(ii)] (B) disclose whether he or she, at the time
such incident occurred, was [(A)] (1) logged on to the TNC's digital
network but not engaged in a TNC prearranged trip or [(B)] (2) was
engaged in a TNC prearranged trip, OR (II) (A) PRODUCE THE PROOF OF
INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY OF THE GENERAL
BUSINESS LAW IF SUCH PERSON IS A SHARED VEHICLE OWNER OR SHARED VEHICLE
DRIVER OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER CAR SHARING
PERIOD WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER HE OR SHE,
AT THE TIME SUCH INCIDENT OCCURRED, WAS OPERATING A SHARED VEHICLE
DURING A PEER-TO-PEER CAR SHARING PERIOD.
3. For the purposes of this article, the terms "TNC", "TNC driver",
"TNC vehicle", "TNC prearranged trip" and "digital network" shall have
the same meanings as such terms are defined in article forty-four-B of
this chapter AND THE TERMS "SHARED VEHICLE OWNER", "SHARED VEHICLE DRIV-
ER", "SHARED VEHICLE" AND "PEER-TO-PEER CAR SHARING PERIOD" SHALL HAVE
THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN ARTICLE FORTY OF THE
GENERAL BUSINESS LAW.
§ 11. Section 601 of the vehicle and traffic law, as amended by
section 5 of part AAA of chapter 59 of the laws of 2017, is amended to
read as follows:
§ 601. Leaving scene of injury to certain animals without reporting.
Any person operating a motor vehicle which shall strike and injure any
horse, dog, cat or animal classified as cattle shall stop and endeavor
to locate the owner or custodian of such animal or a police, peace or
judicial officer of the vicinity, and take any other reasonable and
appropriate action so that the animal may have necessary attention, and
shall also promptly report the matter to such owner, custodian or offi-
cer (or if no one of such has been located, then to a police officer of
some other nearby community), exhibiting his or her license and insur-
ance identification card for such vehicle, when such card is required
pursuant to articles six and eight of this chapter, giving his or her
name and residence, including street and street number, insurance carri-
er and insurance identification information and license number. In addi-
tion to the foregoing, any such person shall also: (i) (A) produce the
proof of insurance coverage required pursuant to article forty-four-B of
this chapter if such person is a TNC driver operating a TNC vehicle at
the time of the incident who was [(A)] (1) logged on to the TNC's
digital network but not engaged in a TNC prearranged trip or [(B)] (2)
was engaged in a TNC prearranged trip; and [(ii)] (B) disclose whether
he or she, at the time such incident occurred, was [(A)] (1) logged on
to the TNC's digital network but not engaged in a TNC prearranged trip
or [(B)] (2) was engaged in a TNC prearranged trip, OR (II) (A) PRODUCE
THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY OF
THE GENERAL BUSINESS LAW IF SUCH PERSON IS A SHARED VEHICLE OWNER OR
SHARED VEHICLE DRIVER OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER
CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER
HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS OPERATING A SHARED
S. 6715 34
VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD. Violation of this
section shall be punishable by a fine of not more than one hundred
dollars for a first offense and by a fine of not less than fifty nor
more than one hundred fifty dollars for a second offense and each subse-
quent offense; provided, however where the animal that has been struck
and injured is a guide dog, hearing dog or service dog, as such terms
are defined in section forty-seven-b of the civil rights law which is
actually engaged in aiding or guiding a person with a disability, a
violation of this section shall be punishable by a fine of not less than
fifty nor more than one hundred fifty dollars for a first offense and by
a fine of not less than one hundred fifty dollars nor more than three
hundred dollars for a second offense and each subsequent offense.
§ 12. Paragraph (c) of subdivision 12 of section 1229-c of the vehicle
and traffic law, as added by chapter 333 of the laws of 1992, is amended
and a new paragraph (b-1) is added to read as follows:
(B-1) A PEER-TO-PEER CAR SHARING PROGRAM AS DEFINED IN SECTION THREE
THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW SHALL PROVIDE
COMPARABLE NOTICE FOR SHARED VEHICLE DRIVERS AND SHARED VEHICLE OWNERS,
AS DEFINED IN SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE
INSURANCE LAW, ON ITS WEBSITE IN CONSPICUOUS LETTERING.
(c) Any rental vehicle company OR PEER-TO-PEER CAR SHARING PROGRAM
THAT MAKES A SHARED VEHICLE, AS DEFINED IN SECTION THREE THOUSAND FOUR
HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW, AVAILABLE FOR PEER-TO-PEER CAR
SHARING which violates the provisions of this subdivision shall be
subject to a civil penalty, not to exceed one hundred dollars for each
day of violation.
§ 13. Severability clause. If any provision of this act or the appli-
cation thereof is held invalid, such invalidity shall not affect other
provisions or applications of this act which can be given effect without
the invalid provision or application, and to this end the provisions of
this act are declared to be severable.
§ 14. This act shall take effect on the ninetieth day after it shall
have become a law.
