PRINTER'S NO. 1362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
904
Session of
2019
INTRODUCED BY STEFANO, BROWNE, LANGERHOLC, TARTAGLIONE, KILLION
AND BLAKE, OCTOBER 31, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 31, 2019
AN ACT
Amending Titles 40 (Insurance) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, providing for vehicles;
and, in financial responsibility, providing for group
insurance for private vehicle rental programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 40 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART I-A
VEHICLES
Chapter
11. Vehicle Rentals
CHAPTER 11
VEHICLE RENTALS
Subchapter
A. General Provisions
B. Procedures
SUBCHAPTER A
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GENERAL PROVISIONS
Sec.
1101. Scope of chapter.
1102. Definitions.
§ 1101. Scope of chapter.
This chapter relates to vehicle rentals.
§ 1102. Definitions.
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:
"Group policy." A policy, subscriber contract, certificate
or plan issued under section 1114 (relating to group insurance
for private vehicle rental programs).
"Law enforcement officer." A person who by virtue of the
person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or a person on active State duty under 51
Pa.C.S. § 508 (relating to active duty for emergency).
"Motor vehicle rental company." A corporation, sole
proprietorship or other person or entity, including a
franchisee, engaged in the business of facilitating vehicle
rental transactions in this Commonwealth. The term does not
include an owner who makes no more than three motor vehicles
available for private vehicle rental through a private vehicle
rental program, or a combination of private vehicle rental
programs, during a 12-month period.
"Owner." A registered owner of a private motor vehicle
available for vehicle rental through a private vehicle rental
program.
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"Private motor vehicle" or "vehicle." The following:
(1) A motor vehicle, as defined in 75 Pa.C.S. § 102
(relating to definitions), which:
(i) Has a gross weight rating of 10,000 pounds or
less.
(ii) Is not used for the commercial delivery or
transportation of goods or materials.
(iii) Is owned by and registered to an individual.
(iv) Is insured, or subject to being insured, under
a personal automobile liability insurance policy insuring
a single individual or individuals residing in the same
household as the named insured or insureds.
(2) The term does not include any of the following:
(i) A motor vehicle with fewer than four wheels.
(ii) A motor vehicle owned by a corporation, sole
proprietorship or other person or entity engaged in the
business of renting five or more rental vehicles in this
Commonwealth.
"Private passenger motor vehicle." As defined in 75 Pa.C.S.
§ 1702 (relating to definitions).
"Private vehicle rental." The use of a private motor vehicle
by a person other than a registered owner of the vehicle in
connection with a private vehicle rental program.
"Private vehicle rental program." A means, digital or
otherwise, by which a private vehicle rental is facilitated by a
program provider.
"Program provider." The corporation, sole proprietorship or
other person or entity that is responsible for operating,
facilitating or administering vehicle rental transactions
through a private vehicle rental program.
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"Rental period." The period of time when a renter takes
possession and control of a vehicle for private vehicle rental.
The term includes the time when the vehicle is under the control
of the program provider and continues until the following
conditions are met:
(1) The vehicle is:
(i) retrieved by an owner of the vehicle or a
designee of an owner of the vehicle;
(ii) returned to a location agreed upon by the
renter and an owner of the vehicle; or
(iii) returned to a location designated by the
program provider.
(2) Any of the following occurs:
(i) The time period established through the private
vehicle rental program expires.
(ii) The renter verifiably communicates to the
program provider or an owner of the vehicle that the
renter deems the rental period terminated.
(iii) The program provider or an owner of the
vehicle takes possession and control of the vehicle.
"Renter." A person, other than an owner, who rents the
owner's private motor vehicle through a private vehicle rental
program.
"Vehicle rental transaction." The transfer of possession of
a motor vehicle, for a consideration, without the transfer of
ownership of the motor vehicle.
SUBCHAPTER B
PROCEDURES
Sec.
1111. Requirements for vehicle rental transactions.
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1112. Requirements and limitations for vehicle rental.
1113. Liability.
1114. Group insurance for private vehicle rental programs.
1115. Enabling operation at airport.
§ 1111. Requirements for vehicle rental transactions.
(a) Compliance.--A vehicle rental transaction facilitated by
a program provider shall be subject to all statutory and
regulatory obligations, taxes, fees and other charges for
private passenger motor vehicles, transactions and companies,
including, but not limited to, compliance with the following:
(1) Section 2398 of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code.
(2) Section 1602-A of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(3) The act of July 9, 1987 (P.L.242, No.45), entitled
"An act prohibiting certain benefit exclusions for rented and
leased motor vehicles; imposing requirements on persons
engaged in the rental of motor vehicles; and imposing
liability for failure to comply."
(4) 53 Pa.C.S. § 8602(b)(1)(ii) (relating to local
financial support).
(5) 74 Pa.C.S. § 5933(a) (relating to customer facility
charge).
(6) 75 Pa.C.S. § 1731 (relating to availability, scope
and amount of coverage).
(7) 61 Pa. Code § 47.20(c)(1) (relating to vehicle
rental tax).
(8) 67 Pa. Code § 63.34 (relating to rental vehicles).
(b) Timeliness.--A notice or disclosure required to be
provided, delivered, posted or otherwise made available by a
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motor vehicle rental company shall be deemed timely and
effectively made if the notice or disclosure is provided or
delivered electronically at or before the time required or
included in a master or member agreement in effect at the time
of the vehicle rental. For purposes of this subsection, a master
or member agreement shall include, but not be limited to, a
service:
(1) which is offered by a company that permits customers
to bypass a retail service location and obtain a product or
service directly;
(2) where the rental company does not require the renter
to execute a rental agreement at the time of rental; or
(3) where the renter does not receive the rental terms
and conditions at the time of rental.
(c) Acceptance.--The following shall apply:
(1) Electronic or written acceptance shall be deemed a
valid form of acceptance of a notice or disclosure.
(2) Acceptance shall remain effective until the time
that the acceptance is affirmatively withdrawn by the renter.
(3) A notice or disclosure made under this chapter shall
be exempt from placement or stylistic display requirements,
including, but not limited to, location, font size, typeset
or other specifically stated description, if the notice or
disclosure is generally consistent in appearance with the
entirety of the communication in which it is contained.
§ 1112. Requirements and limitations for vehicle rental.
(a) Conditions.--A vehicle which is insured, or subject to
being insured, by a registered owner of a vehicle under 75
Pa.C.S. Ch. 17 (relating to financial responsibility) may not be
classified as a commercial vehicle, for-hire vehicle,
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permissive-use vehicle, taxicab or livery solely because the
registered owner allows the vehicle to be used for vehicle
rental, if all of the following circumstances apply:
(1) The vehicle rental complies with a private vehicle
rental program.
(2) The program provider or an owner of the vehicle does
not knowingly place the vehicle, or allow the vehicle to be
placed, into use as a commercial vehicle or as a for-hire
vehicle by a renter while the vehicle is used for vehicle
rental.
(3) The number of vehicles in which a single individual,
or multiple individuals residing in the same household, has
enrolled in a private vehicle rental program or combination
of private vehicle rental programs does not exceed four.
(b) Insurance coverage.--A vehicle liability insurance
company may cancel or refuse coverage to an owner solely due to
the number of vehicles enrolled in a private vehicle rental
program, if the number of vehicles enrolled in a private vehicle
rental program or combination of private vehicle rental programs
either by the insured or in combination with other household
residents exceeds four.
(c) Duties of program provider.--A program provider shall,
for each vehicle for which the program provider facilitates the
vehicle rental, do all of the following:
(1) During the rental period for a vehicle engaged in
vehicle rental, procure group insurance coverage for each
vehicle and each authorized driver of the vehicle. The
insurance shall, at a minimum, provide the following for each
vehicle:
(i) Liability coverage at least equal to the minimum
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financial responsibility for private passenger motor
vehicles of the state in which the vehicle is registered.
(ii) Property and casualty coverage, including
comprehensive and collision protection, as described in
section 1114(b) and (c) (relating to group insurance for
private vehicle rental programs).
(2) Provide the registered owner of the vehicle engaged
in vehicle rental with suitable proof of compliance with the
insurance requirements of this section and 75 Pa.C.S. Ch. 17,
a copy of which shall be maintained in the vehicle by the
owner during any time when the vehicle is operated by a
renter or person other than the owner under a private vehicle
rental program.
(3) Not permit the vehicle to be operated for commercial
use or as a for-hire vehicle by a renter while engaged in
vehicle rental.
(4) Provide to each renter for each vehicle rental
transaction under the private vehicle rental program, at the
time of each rental, the following:
(i) Access to an insurance identification card
approved for use by the state in which the vehicle is
registered or other documentation which:
(A) Is able to be carried in the vehicle at all
times during the rental period.
(B) Proves the insurance coverage described
under paragraph (1) is in full force and effect.
(ii) The means, via a toll-free telephone number, e-
mail address or other form of communication with a law
enforcement officer, a representative of the department
of motor vehicles or other officer of the state in which
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the vehicle is registered or a political subdivision of
the state, to confirm in real time that insurance
coverage provided for under paragraph (1) is in full
force and effect.
(iii) A copy, in paper or digital format, of the
complete terms and conditions of the rental vehicle
transaction, including the terms and conditions of all
additional products and the renter's acceptance or
declination of each additional product.
(5) Require that every vehicle made available for
vehicle rental comply with the minimum financial
responsibility requirements of the state in which the vehicle
is registered.
(6) If a vehicle made available for private rental is
subject to lease or lien, notify the lessor or lienholder
that the vehicle is being made available for private rental
and pay any compensation for damage or loss covered by
comprehensive and collision coverage required under paragraph
(1) to the lessor or lienholder.
(7) Require that every vehicle used in a private vehicle
rental program is a vehicle as defined in section 1102
(relating to definitions).
(8) Facilitate the installation, operation and
maintenance of the program provider's signage and computer
hardware and software to the extent necessary for the vehicle
to be used in the private vehicle rental program.
(9) Indemnify and hold harmless the owner for the cost
of damage or theft of equipment installed by the program
provider under paragraph (7) for damage caused to the vehicle
by the installation, operation or maintenance of the
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equipment.
(10) Collect, maintain and make available to a
government agency as required by law, at the cost of the
private vehicle rental program, the owner's primary motor
vehicle liability insurer, the renter's primary automobile,
excess or umbrella insurer and the following information
pertaining to incidents that occurred during any rental
period:
(i) Verifiable records of the rental period for each
vehicle, which shall include the following:
(A) To the extent electronic equipment for
monitoring is installed in the vehicle, verifiable
electronic records of the initial and final locations
of the vehicle and the times of each.
(B) To the extent mileage information is
collected, miles driven.
(ii) In instances where an insurance claim has been
filed with a group insurer, any information relevant to
the claim, including payments by the program provider
concerning accidents, damages and injuries.
(11) Ensure that, prior to the first use or operation of
a vehicle under enrollment in a private vehicle rental
program, the owner and renter are given notice of the
following:
(i) During the rental period, the owner's insurer
may exclude coverage afforded by a policy and may notify
an insured that the insurer has no duty to defend or
indemnify a person or organization for liability for loss
that occurs during the rental period.
(ii) The group policy and physical damage coverage
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contract may not provide coverage outside of the rental
period.
(12) Comply with all statutory and regulatory
obligations for private passenger motor vehicle rental,
including, but not limited to, compliance with the following:
(i) Section 2398 of the August 9, 1955 (P.L.323,
No.130), known as The County Code.
(ii) The act of July 9, 1987 (P.L.242, No.45),
entitled "An act prohibiting certain benefit exclusions
for rented and leased motor vehicles; imposing
requirements on persons engaged in the rental of motor
vehicles; and imposing liability for failure to comply."
(iii) 53 Pa.C.S. § 8602(b)(1)(ii) (relating to local
financial support).
(iv) 74 Pa.C.S. § 5933(a) (relating to customer
facility charge).
(v) 75 Pa.C.S. § 1731 (relating to availability,
scope and amount of coverage).
(vi) 61 Pa. Code § 47.20(c)(1) (relating to vehicle
rental tax).
(vii) 67 Pa. Code § 63.34 (relating to rental
vehicles).
§ 1113. Liability.
(a) Deemed ownership.--Notwithstanding any other provision
of law or any provision in a private passenger motor vehicle
owner's automobile insurance policy, in the event of a loss or
injury that occurs during the rental period or while the vehicle
is otherwise under the control of a program provider, the
program provider shall be deemed the owner of the vehicle under
75 Pa.C.S. § 1574 (relating to permitting unauthorized person to
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drive) and any other law that may impose liability upon an owner
of a private passenger motor vehicle solely based on the
ownership, as if the program provider were the registered owner
of the vehicle. The program provider shall retain the liability
irrespective of a lapse in group policy or an insurance policy
under which the private vehicle rental program is insured or
whether the liability is covered under the group policy or an
insurance policy under which the private vehicle rental program
is insured.
(b) Program provider group policy.--A program provider's
group policy shall provide coverage during the rental period for
an owner's vehicle.
(c) Liability, indemnification and notice.--An insurer
providing group liability insurance to the private vehicle
rental program under section 1114(a) (relating to group
insurance for private vehicle rental programs) and group
physical damage insurance to the private vehicle rental program
under section 1114(c) shall assume liability for a claim in
which a dispute exists regarding who was in control of the
vehicle when the loss giving rise to the claim occurred. The
following shall apply:
(1) The owner's passenger motor vehicle insurer shall
indemnify the private vehicle rental program's group insurer,
to the extent of its obligation under the applicable
insurance policy, if it is determined that the owner was in
control of the vehicle at the time of the loss.
(2) The private vehicle rental program shall notify the
owner's insurer of a dispute within 10 business days of
becoming aware that the dispute exists.
(d) Civil action.--If an owner or an owner's insurer is
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named as a defendant in a civil action for a loss or injury that
occurs during a time within the rental period or otherwise under
the control of the private vehicle rental program, the private
vehicle rental program's group liability insurance insurer under
section 1114(a) shall have the duty to defend and indemnify the
owner and the owner's insurer, subject to the provisions of
subsection (c).
(e) Limitations.--Notwithstanding any other provision of law
to the contrary, while a vehicle is used by a person other than
an owner of the vehicle, under a vehicle rental facilitated
through a private vehicle rental program, all of the following
shall apply:
(1) The insurer of the vehicle may exclude any coverage
for liability, uninsured, underinsured, collision physical
damage or comprehensive physical damage benefits and first-
party benefits that may otherwise be afforded pursuant to the
policy.
(2) A primary or excess insurer of the owner of the
vehicle used in a private vehicle rental program may notify
the insured that it has no duty to defend or indemnify a
person or organization for liability for a loss that occurs
during the rental period of the vehicle in a private vehicle
rental program.
(f) Prohibitions.--An owner's policy of insurance may not be
canceled, voided, terminated, rescinded or nonrenewed solely on
the basis that the owner's vehicle has been made available for
vehicle rental under a private vehicle rental program that is in
compliance with the provisions of this section, subject to the
following:
(1) The provisions of this subsection shall not pertain
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to cancellations under section 2004 of the act of May 17,
1921 (P.L.682, No.284), known as The Insurance Company Law of
1921.
(2) An insurer may refuse to enroll a vehicle in a
usage-based insurance program where the usage-based insurance
program continually monitors usage electronically to
determine acceleration, braking, miles driven and other
indicia of driving behavior, if that vehicle is used in a
private vehicle rental program.
(3) An insurer may cancel or nonrenew a policy that
insures a vehicle used in a private vehicle rental program if
that vehicle is enrolled in a usage-based insurance program
described under paragraph (2). The insurer shall immediately
offer the insured a new policy with the same coverages and
preexisting rates, but without enrollment in the usage-based
insurance program.
§ 1114. Group insurance for private vehicle rental programs.
(a) Liability, property and casualty insurance.--The
following shall apply:
(1) Subject to paragraph (2), an insurer which is
authorized or eligible to do business in this Commonwealth
may issue, or issue for delivery in this Commonwealth, a
group policy of liability, property and casualty insurance to
a private vehicle rental program provider to insure the
following:
(i) The private vehicle rental program.
(ii) The renters, authorized drivers and occupants
of the vehicle.
(iii) The program provider and the agents,
employees, directors, officers and assigns of the program
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provider.
(2) The policy under paragraph (1) shall:
(i) Provide first-party coverage, liability,
property, comprehensive, collision and uninsured and
underinsured motorist coverage for the vehicle and the
vehicle's authorized operators and occupants for claims
and damages resulting from the use or operation of that
vehicle during the rental period.
(ii) Be primary with respect to any other insurance
available to the owner of the vehicle but secondary with
respect to any other insurance available to the renter,
authorized or permissive operator and occupants of the
vehicle.
(3) An insurer under this subsection shall comply with
75 Pa.C.S. Ch. 17 (relating to financial responsibility).
(4) An insurer which issues an insurance policy under
this subsection shall issue the insurance policy identifying
the private vehicle rental program and program provider as
the named insureds. The insurance policy must include the
following:
(i) Coverage, without prior notice to the insurer,
for all vehicles during the rental period.
(ii) A provision that the renters, authorized or
permissive operators and occupants are included as
insureds under the policy to the same extent that they
would be insureds under a private passenger motor vehicle
policy issued under 75 Pa.C.S. Ch. 17.
(5) A group policy under this subsection shall only be
issued in accordance with this chapter.
(b) Assumption of risk.--A program provider may
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contractually assume the risk of physical damage loss to
vehicles during the time that the vehicles are in custody of the
renter or program provider. The following shall apply:
(1) Assumption of risk of physical damage loss to the
vehicle shall not be deemed to be physical damage insurance.
(2) A program provider may offer optional vehicle
protection in accordance with 75 Pa.C.S. § 1792 (relating to
availability of uninsured, underinsured, bodily injury
liability and property damage coverages and mandatory
deductibles).
(c) Coverage for physical damage.--The following shall
apply:
(1) An insurer which is authorized or eligible to do
business in this Commonwealth may issue a group policy of
damage insurance to a private vehicle rental program and to
the owners participating in the private vehicle rental
program to insure against damage loss to vehicles while the
vehicles are in custody of the program or renter. The group
policy shall provide primary coverage for physical damage
loss through collision or comprehensive coverage, or both, to
the vehicle while it is in the custody of the private vehicle
rental program or renter.
(2) If the group coverage under this subsection is
placed with an eligible surplus line insurer, compliance with
the surplus line statutes and regulations of this
Commonwealth shall be performed with respect to the group as
a whole and not with respect to individual group members.
(3) An insurer which issues a group policy under this
subsection shall issue the policy identifying the private
vehicle rental program as the named insurer. The policy shall
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include the following:
(i) Primary coverage, without prior notice to the
insurer, for all vehicles during the rental period.
(ii) A provision specifying that claims will be
adjusted under the act of July 22, 1974 (P.L.589,
No.205), known as the Unfair Insurance Practices Act.
(iii) Physical damage coverage for damage or loss to
the owner's vehicle incurred during the rental period at
a level no less than that of third-party physical damage
coverage.
(4) A group policy under this subsection shall only be
issued in accordance with this section.
§ 1115. Enabling operation at airport.
The following apply:
(1) A private vehicle rental program shall enter into an
airport concession agreement before enabling private vehicle
rental at the airport, unless the airport explicitly and in
writing waives the right to require an agreement.
(2) A private vehicle rental program is enabling private
vehicle rental at an airport if the private vehicle rental
program or an owner uses the private vehicle rental program
to:
(i) list vehicles parked on airport property or at
airport facilities;
(ii) contract for transportation to or from airport
facilities;
(iii) facilitate the use of a private vehicle rental
to transport airport passengers on or off of airport
property; or
(iv) promote or market a private vehicle rental to
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transport airport passengers on or off of airport
property.
(3) An airport concession agreement may impose the taxes
and fees that are imposed on other concessionaires operating
at the airport.
(4) If a private vehicle rental program fails to or
refuses to enter into an airport concession agreement, the
affected airport may seek an injunction prohibiting the
private vehicle rental program from operating at the airport
and may seek damages against the private vehicle rental
program.
Section 2. Title 75 is amended by adding a section to read:
§ 1799.8. Group insurance for private vehicle rental programs.
(a) Insurance requirements.--In the case of a vehicle that
is used in connection with a private vehicle rental program, the
insurance requirements under this chapter shall be met by a
group insurance policy, as specified in 40 Pa.C.S. § 1114
(relating to group insurance for private vehicle rental
programs), issued to a program provider and the renters and
authorized or permissive drivers of the private vehicle rental
program for any time that the vehicle is being used in
connection with the private vehicle rental program.
(b) Proof of financial security.--In the case of financial
security procured by a program provider of a private vehicle
rental program as specified under 40 Pa.C.S. § 1114, the program
provider shall provide the department with proof of financial
security in the form of a group insurance policy covering the
program provider and the owners of all vehicles registered in
this Commonwealth that participate in the private vehicle rental
program as insured group members, covering those vehicles while
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they are being used in conjunction with that private vehicle
rental program. The following apply:
(1) The proof may not be used in connection with the
registration of the vehicles.
(2) A vehicle may not be registered unless the owner of
the vehicle separately complies with section 1305(d)
(relating to application for registration).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Private vehicle rental program." As defined in 40 Pa.C.S. §
1102 (relating to definitions).
"Program provider." As defined in 40 Pa.C.S. § 1102.
"Renter." As defined in 40 Pa.C.S. § 1102.
"Vehicle." As defined in 40 Pa.C.S. § 1102.
Section 3. This act shall take effect immediately.
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