Legislation
SECTION 900
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 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" means a program
that facilitates the use or operation of a shared vehicle by a shared
vehicle driver.
3. "Peer-to-peer car sharing program administrator" or "administrator"
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 a peer-to-peer car
sharing program for financial consideration, but shall not include a
person or entity engaged in the business of renting or leasing rental
vehicles to be operated upon the public highways for carrying passengers
or non-profit or charitable organizations that facilitate peer-to-peer
car sharing in exchange for payment of a fee or for financial
consideration.
4. "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.
5. "Shared vehicle" means a motor vehicle that is available for
sharing through a peer-to-peer car sharing program that is both:
(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.
6. "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.
7. "Shared vehicle owner" shall mean an owner, as defined in section
one hundred twenty-eight of the vehicle and traffic law, of a registered
shared vehicle made available for use by shared vehicle drivers through
a peer-to-peer car sharing program.
8. "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.
9. "Peer-to-peer car sharing start time" shall mean the time when the
shared vehicle becomes subject to possession or 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 administrator.
10. "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.
11. "Peer-to-peer car sharing termination time" shall mean the
earliest 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 or control of the shared vehicle.
12. "Group policy" means an insurance policy issued pursuant to
section three thousand four hundred fifty-eight of the insurance law.
13. "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.
14. "Optional vehicle protection" shall:
(a) mean a peer-to-peer car sharing program administrator's agreement
to contractually 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 charges for which a shared vehicle driver, or shared
vehicle owner may be liable; and
(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".
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" means a program
that facilitates the use or operation of a shared vehicle by a shared
vehicle driver.
3. "Peer-to-peer car sharing program administrator" or "administrator"
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 a peer-to-peer car
sharing program for financial consideration, but shall not include a
person or entity engaged in the business of renting or leasing rental
vehicles to be operated upon the public highways for carrying passengers
or non-profit or charitable organizations that facilitate peer-to-peer
car sharing in exchange for payment of a fee or for financial
consideration.
4. "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.
5. "Shared vehicle" means a motor vehicle that is available for
sharing through a peer-to-peer car sharing program that is both:
(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.
6. "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.
7. "Shared vehicle owner" shall mean an owner, as defined in section
one hundred twenty-eight of the vehicle and traffic law, of a registered
shared vehicle made available for use by shared vehicle drivers through
a peer-to-peer car sharing program.
8. "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.
9. "Peer-to-peer car sharing start time" shall mean the time when the
shared vehicle becomes subject to possession or 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 administrator.
10. "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.
11. "Peer-to-peer car sharing termination time" shall mean the
earliest 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 or control of the shared vehicle.
12. "Group policy" means an insurance policy issued pursuant to
section three thousand four hundred fifty-eight of the insurance law.
13. "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.
14. "Optional vehicle protection" shall:
(a) mean a peer-to-peer car sharing program administrator's agreement
to contractually 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 charges for which a shared vehicle driver, or shared
vehicle owner may be liable; and
(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".