S0548B0603A05029 PWK:JMT 06/21/22 #90 A05029
AMENDMENTS TO SENATE BILL NO. 548
Sponsor: SENATOR STEFANO
Printer's No. 603
Amend Bill, page 1, line 2, by striking out "vehicles" and
inserting
peer-to-peer car sharing
Amend Bill, page 1, line 4, by striking out "private vehicle
rental" and inserting
peer-to-peer car sharing
Amend Bill, page 1, lines 11 through 18; pages 2 through 17,
lines 1 through 30; page 18, lines 1 through 10; by striking out
all of said lines on said pages and inserting
Chapter
11. Peer-to-Peer Car Sharing
Chapter 11
Peer-to-Peer Car Sharing
Sec.
1101. Scope of chapter.
1102. Intent.
1103. Definitions.
1104. Insurance.
1105. Consumer protection disclosures.
1106. Driver's license verification.
1107. Responsibility for equipment.
1108. Automobile safety recalls.
1109. Regulations.
§ 1101. Scope of chapter.
This chapter relates to peer-to-peer car sharing.
§ 1102. Intent.
This chapter is intended to govern the intersection of peer-
to-peer car services and the State-regulated business of
insurance. Nothing in this chapter shall be construed to extend
beyond insurance or have implications for other law of this
State, including motor vehicle regulation, airport regulation or
taxation.
§ 1103. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Car sharing delivery period." The period of time during
which a shared vehicle is being delivered to the location of the
car sharing start time, if applicable, as documented by a
governing car sharing program agreement.
"Car sharing period." The period of time that commences with
a car sharing delivery period or, if there is no car sharing
delivery period, that commences with a car sharing start time
and in either case ends at a car sharing termination time.
"Car sharing program agreement." The terms and conditions
applicable to a shared vehicle owner and a shared vehicle driver
that govern the use of a shared vehicle through a peer-to-peer
car sharing program. The term does not include a rental car
agreement.
"Car sharing start time." The time when a shared vehicle
becomes subject to the control of the shared vehicle driver at
or after the time the reservation of the shared vehicle is
scheduled to begin as documented in the records of a peer–to–
peer car sharing program.
"Car sharing termination time." The earliest of the
following events:
(1) the expiration of the agreed-upon period of time
established for the use of a shared vehicle according to the
terms of the car sharing program agreement if the shared
vehicle is delivered to the location agreed upon in the car
sharing program agreement;
(2) a shared vehicle is returned to a location as
alternatively agreed upon by the shared vehicle owner and
shared vehicle driver as communicated through a peer-to-peer
car sharing program, which alternatively agreed-upon location
shall be incorporated into the car sharing program agreement;
or
(3) A shared vehicle owner or the shared vehicle owner's
authorized designee, takes possession and control of the
shared vehicle.
"Peer-to-peer car sharing." The authorized use of a vehicle
by an individual other than the vehicle's owner through a peer-
to-peer car sharing program. The term does not include a rental
car obtained through a rental car company.
"Peer-to-peer car sharing program." A business platform that
connects vehicle owners with drivers to enable the sharing of
vehicles for financial consideration.
"Rental car" or "rental vehicle." A private passenger motor
vehicle designed to transport 15 or fewer passengers or a truck,
trailer or semitrailer used in the transportation of property
other than commercial freight, that is rented without a driver
and is part of a fleet of five or more such vehicles used for
that purpose, owned or leased by the same person or entity.
"Rental car company." A business entity engaged in the
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business of renting rental vehicles in this Commonwealth.
"Shared vehicle." A vehicle that is available for sharing
through a peer-to-peer car sharing program. The term does not
include a rental car or rental vehicle.
"Shared vehicle driver." An individual who has been
authorized to drive a shared vehicle by the shared vehicle owner
under a car sharing program agreement.
"Shared vehicle owner." The registered owner, or a person or
entity designated by the registered owner, of a vehicle made
available for sharing to shared vehicle drivers through a peer-
to-peer car sharing program.
§ 1104. Insurance.
(a) Insurance coverage during car sharing period.--
(1) A peer-to-peer car sharing program shall assume
liability, except as provided under paragraph (2), of a
shared vehicle owner for bodily injury or property damage to
third parties or uninsured and underinsured motorist or
personal injury protection losses during the car sharing
period in an amount stated in the car sharing program
agreement which amount may not be less than those specified
in 75 Pa.C.S. Ch. 17 (relating to financial responsibility).
(2) Notwithstanding the definition of "car sharing
termination time," the assumption of liability under
paragraph (1) of this subsection does not apply to a shared
vehicle owner when:
(i) the shared vehicle owner makes an intentional or
fraudulent material misrepresentation or omission to the
peer-to-peer car sharing program before the car sharing
period in which the loss occurred; or
(ii) acting in concert with a shared vehicle driver
who fails to return the shared vehicle pursuant to the
terms of car sharing program agreement.
(3) Notwithstanding the definition of "car sharing
termination time," the assumption of liability under
paragraph (1) shall apply to bodily injury, property damage,
uninsured and underinsured motorist or personal injury
protection losses by damaged third parties required by 75
Pa.C.S. Ch. 17.
(4) A peer-to-peer car sharing program shall ensure
that, during each car sharing period, the shared vehicle
owner and the shared vehicle driver are insured under a motor
vehicle liability insurance policy that provides insurance
coverage in amounts no less than the minimum amounts
specified in 75 Pa.C.S. Ch. 17 and:
(i) recognizes that the shared vehicle insured under
the policy is made available and used through a peer-to-
peer car sharing program; or
(ii) does not exclude use of a shared vehicle by a
shared vehicle driver.
(5) The insurance described under paragraph (4) may be
satisfied by motor vehicle liability insurance maintained by:
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(i) a shared vehicle owner;
(ii) a shared vehicle driver;
(iii) a peer-to-peer car sharing program; or
(iv) a shared vehicle owner, a shared vehicle driver
and a peer-to-peer car sharing program.
(6) The insurance described under paragraph (5) that
satisfies the insurance requirement of paragraph (4) shall be
primary during each car sharing period and in the event that
a claim occurs in another state with minimum financial
responsibility limits higher than specified in 75 Pa.C.S. Ch.
17, during the car sharing period, the coverage maintained
under paragraph (5) shall satisfy the difference in minimum
coverage amounts, up to the applicable policy limits.
(7) The insurer, insurers or peer-to-peer car sharing
program providing coverage under paragraph (4) or (5) shall
assume primary liability for a claim when:
(i) a dispute exists as to who was in control of the
shared vehicle at the time of the loss and the peer-to-
peer car sharing program does not have available, did not
retain, or fails to provide the information required by
subsection (d); or
(ii) a dispute exists as to whether the shared
vehicle was returned to the alternatively agreed-upon
location as required by this chapter.
(8) If insurance maintained by a shared vehicle owner or
shared vehicle driver in accordance with paragraph (5) has
lapsed or does not provide the required coverage, insurance
maintained by a peer-to-peer car sharing program shall
provide the coverage required by paragraph (4) beginning with
the first dollar of a claim and have the duty to defend such
claim except under circumstances as provided under paragraph
(2).
(9) Coverage under an automobile insurance policy
maintained by the peer-to-peer car sharing program shall not
be dependent on another automobile insurer first denying a
claim nor shall another automobile insurance policy be
required to first deny a claim.
(10) Nothing in this section shall be construed to:
(i) limit the liability of the peer-to-peer car
sharing program for an act or omission of the peer-to-
peer car sharing program itself that results in injury to
a person as a result of the use of a shared vehicle
through a peer-to-peer car sharing program; or
(ii) limit the ability of the peer-to-peer car
sharing program to, by contract, seek indemnification
from a shared vehicle owner or a shared vehicle driver
for economic loss sustained by a peer-to-peer car sharing
program resulting from a breach of the terms and
conditions of the car sharing program agreement.
(b) Notification of implications of lien.--At the time when
a vehicle owner registers as a shared vehicle owner on a peer-
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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, the peer-to-
peer car sharing program shall notify the shared vehicle owner
that, if the shared vehicle has a lien against it, the use of
the shared vehicle through a peer-to-peer car sharing program,
including use without physical damage coverage, may violate the
terms of the contract with the lienholder.
(c) Exclusions in motor vehicle liability insurance
policies.--
(1) An authorized insurer that writes motor vehicle
liability insurance in this Commonwealth may exclude any and
all coverage and the duty to defend or indemnify for a claim
afforded under a shared vehicle owner's motor vehicle
liability insurance policy, including:
(i) liability coverage for bodily injury and
property damage;
(ii) personal injury protection coverage;
(iii) uninsured and underinsured motorist coverage;
(iv) medical payments coverage;
(v) comprehensive physical damage coverage; and
(vi) collision physical damage coverage.
(2) Nothing in this chapters shall be construed to:
(i) Invalidate or limit an exclusion contained in a
motor vehicle liability insurance policy, including an
insurance policy in use or approved for use that excludes
coverage for motor vehicles made available for rent,
sharing or hire or for any business use.
(ii) Invalidate, limit or restrict an insurer's
ability under existing law to underwrite any insurance
policy.
(iii) Invalidate, limit or restrict an insurer's
ability under existing law to cancel and nonrenew policy.
(d) Recordkeeping and use of vehicle in car sharing.--
(1) A peer-to-peer car sharing program shall collect and
verify records pertaining to the use of a vehicle, including
times used, car sharing period pickup and drop off locations,
fees paid by the shared vehicle driver and revenues received
by the shared vehicle owner and provide that information upon
request to the shared vehicle owner, the shared vehicle
owner's insurer or the shared vehicle driver's insurer to
facilitate a claim coverage investigation, settlement,
negotiation or litigation.
(2) The peer-to-peer car sharing program shall retain
the records for a time period not less than the applicable
personal injury statute of limitations.
(e) Exemption and vicarious liability.--A peer-to-peer car
sharing program and a shared vehicle owner shall be exempt from
vicarious liability in accordance with 49 U.S.C. § 30106
(relating to rented or leased motor vehicle safety and
responsibility) and under any State or local law that imposes
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liability solely based on vehicle ownership.
(f) Contribution against indemnification.--A motor vehicle
insurer that defends or indemnifies a claim against a shared
vehicle that is excluded under the terms of the policy shall
have the right to seek recovery against the motor vehicle
insurer of the peer-to-peer car sharing program if the claim is:
(1) Made against the shared vehicle owner or the shared
vehicle driver for loss or injury that occurs during the car
sharing period.
(2) Excluded under the terms of the policy.
(g) Insurable interest.--
(1) Notwithstanding any other law, statute, rule or
regulation to the contrary, a peer-to-peer car sharing
program shall have an insurable interest in a shared vehicle
during the car sharing period.
(2) Nothing in this subsection shall be construed as
creating liability on a peer-to-peer car sharing program to
maintain the coverage mandated by subsection (a).
(3) A peer–to–peer car sharing program may own and
maintain as the named insured one or more policies of motor
vehicle liability insurance that provides coverage for:
(i) liabilities assumed by the peer–to–peer car
sharing program under a car sharing program agreement;
(ii) liability of the shared vehicle owner;
(iii) damage or loss to the shared vehicle; or
(iv) liability of the shared vehicle driver.
§ 1105. Consumer protection disclosures.
A car sharing program agreement shall disclose to the shared
vehicle owner and the shared vehicle driver:
(1) A right of the peer-to-peer car sharing program to
seek indemnification from the shared vehicle owner or the
shared vehicle driver for economic loss sustained by the
peer-to-peer car sharing program resulting from a breach of
the terms and conditions of the car sharing program
agreement.
(2) That a motor vehicle liability insurance policy
issued to the shared vehicle owner for the shared vehicle or
to the shared vehicle driver does not provide a defense or
indemnification for a claim asserted by the peer-to-peer car
sharing program.
(3) That the peer-to-peer car sharing program's
insurance coverage on the shared vehicle owner and the shared
vehicle driver is in effect only during each car sharing
period and that, for any use of the shared vehicle by the
shared vehicle driver after the car sharing termination time,
the shared vehicle driver and the shared vehicle owner may
not have insurance coverage.
(4) The daily rate, fees and, if applicable, insurance
or protection package costs that are charged to the shared
vehicle owner or the shared vehicle driver.
(5) That the shared vehicle owner's motor vehicle
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liability insurance may not provide coverage for a shared
vehicle.
(6) An emergency telephone number to personnel capable
of fielding roadside assistance and other customer service
inquiries.
(7) If there are conditions under which a shared vehicle
driver must maintain a personal automobile insurance policy
with certain applicable coverage limits on a primary basis in
order to book a shared vehicle.
§ 1106. Driver's license verification.
(a) Conditions for car sharing program agreement.--A peer-
to-peer car sharing program may not enter into a car sharing
program agreement with a driver unless the driver who will
operate the shared vehicle:
(1) holds a driver's license issued by the Department of
Transportation that authorizes the driver to operate vehicles
of the class of the shared vehicle; or
(2) is a nonresident who:
(i) has a driver's license issued by the state or
country of the driver's residence that authorizes the
driver in that state or country to drive vehicles of the
class of the shared vehicle; and
(ii) is at least the same age as that required of a
resident to drive; or
(3) otherwise is specifically authorized by law to drive
vehicles of the class of the shared vehicle.
(b) Data retention.--A peer-to-peer car sharing program
shall keep a record of:
(1) The name and address of the shared vehicle driver.
(2) The number of the driver's license of the shared
vehicle driver and each other person, if any, who will
operate the shared vehicle.
(3) The place of issuance of the driver's license.
§ 1107. Responsibility for equipment.
A peer-to-peer car sharing program shall have sole
responsibility for equipment, such as a GPS system or other
special equipment that is put in or on the shared vehicle to
monitor or facilitate the car sharing transaction, and shall
agree to indemnify and hold harmless the shared vehicle owner
for damage to or theft of the equipment during the car sharing
period not caused by the shared vehicle owner. The peer-to-peer
car sharing program has the right to seek indemnity from the
shared vehicle driver for loss or damage to the equipment that
occurs during the car sharing period.
§ 1108. Automobile safety recalls.
(a) Verification and notification.--At the time when a
vehicle owner registers as a shared vehicle owner 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, the peer-to-peer car
sharing program shall:
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(1) Verify that the shared vehicle does not have any
safety recalls on the vehicle for which the repairs have not
been made.
(2) Notify the shared vehicle owner of the requirements
under subsection (b).
(b) Effect of safety recall.--
(1) If the shared vehicle owner has received an actual
notice of a safety recall on the vehicle, a shared vehicle
owner may not make the vehicle available as a shared vehicle
on a peer-to-peer car sharing program until the safety recall
repair has been made.
(2) If a shared vehicle owner receives an actual notice
of a safety recall on a shared vehicle while the shared
vehicle is available on the peer-to-peer car sharing program,
the shared vehicle owner shall remove the shared vehicle as
available on the peer-to-peer car sharing program, as soon as
practicably possible after receiving the notice of the safety
recall and until the safety recall repair has been made.
(3) If a shared vehicle owner receives an actual notice
of a safety recall while the shared vehicle is being used in
the possession of a shared vehicle driver, as soon as
practicably possible after receiving the notice of the safety
recall, the shared vehicle owner shall notify the peer-to-
peer car sharing program about the safety recall so that the
shared vehicle owner may address the safety recall repair.
§ 1109. Regulations.
The Insurance Commissioner may promulgate rules and
regulations that are not inconsistent with and necessary to
administer and enforce the provisions of this chapter.
Amend Bill, page 18, line 12, by striking out "private
vehicle rental" and inserting
peer-to-peer car sharing
Amend Bill, page 18, line 14, by striking out "private
vehicle rental" and inserting
peer-to-peer car sharing
Amend Bill, page 18, lines 16 through 18, by striking out "§
1114" in line 16, all of line 17 and "programs)" in line 18 and
inserting
§ 1104 (relating to insurance)
Amend Bill, page 18, line 18, by striking out "a" and
inserting
the
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Amend Bill, page 18, lines 18 through 20, by striking out
"renters and" in line 18, all of line 19 and "program" in line
20 and inserting
shared vehicle driver
Amend Bill, page 18, line 21, by striking out "private
vehicle rental" and inserting
peer-to-peer car sharing
Amend Bill, page 18, line 24, by striking out "§ 1114" and
inserting
§ 1104
Amend Bill, page 18, line 28, by striking out "private
vehicle rental" and inserting
peer-to-peer car sharing
Amend Bill, page 18, line 30; page 19, line 1; by striking
out "private vehicle" in line 30 on page 18 and "rental" in line
1 on page 19 and inserting
peer-to-peer car sharing
Amend Bill, page 19, lines 10 and 11, by striking out all of
said lines and inserting
"Peer-to-peer car-sharing program." As defined in 40 Pa.C.S.
§ 1103 (relating to definitions).
Amend Bill, page 19, line 12, by striking out "As defined in
40 Pa.C.S. § 1102." and inserting
The entity that operates, facilitates or administers
transactions from a peer-to-peer car sharing program.
Amend Bill, page 19, lines 13 through 15, by striking out all
of said lines and inserting
"Shared vehicle." As defined in 40 Pa.C.S. § 1103.
"Shared vehicle driver." As defined in 40 Pa.C.S. § 1103.
Section 3. This act shall take effect in 180 days.
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