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SB19-090

Peer-to-peer Motor Vehicle Sharing Program

Concerning the operation of peer-to-peer motor vehicle sharing businesses.
Session:
2019 Regular Session
Subjects:
Business & Economic Development
Insurance
Bill Summary

The bill regulates peer-to-peer car sharing programs, including the following:

  • Requires the shared car to be covered by insurance from the owner, driver, or program, but if the program provides the insurance, the required coverage is 3 times the normal required coverage;
  • If the required insurance is provided by the owner or driver, the program must carry insurance to cover a lapse or lack of coverage, and this insurance may be purchased from a surplus lines insurer;
  • Makes the insurance that satisfies the required coverage the primary insurance;
  • Requires the car sharing program to notify the car owner that sharing the car may violate any lien on the car;
  • The car sharing program must assume liability up to the required coverages, except liability caused by the shared car owner's material misstatement of fact;
  • Authorizes the shared car owner's insurer to exclude coverage when the car is being used in a car sharing program, and gives the insurer a right of contribution for any claims made as a result of the car sharing;
  • Prohibits an insurer from refusing to insure a shared car outside the sharing solely because the car covered under the policy has been made available for car sharing unless the car owner fails to provide complete and accurate information;
  • Sets record-keeping requirements;
  • Clarifies that the car sharing program and a shared car owner are covered by the exemption set forth in federal law exempting rental companies from vicarious liability based on ownership of the car;
  • Authorizes a car sharing program to be the named insured for a shared car;
  • Requires the program to make certain disclosures and provide an emergency telephone number;
  • Requires the program to verify that the driver is licensed to drive and keep records of this verification;
  • Requires the shared car owner and the car sharing program to ensure that a shared car is equipped to comply with the chain law;
  • Makes the program responsible for any equipment installed on the car for sharing purposes; and
  • Requires the program and the car owner, when there is a safety recall on the car, to remove the car from the program until the car is repaired;
  • Requires a car sharing program to enter into concession agreements with local airports to collect the airport fees on sales generated within 15 miles of the airport.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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