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PRIOR PRINTER'S NO. 603
PRINTER'S NO. 1805
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
548
Session of
2021
INTRODUCED BY STEFANO, BROWNE, LANGERHOLC, SABATINA AND MARTIN,
APRIL 14, 2021
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, JUNE 22, 2022
AN ACT
Amending Titles 40 (Insurance) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, providing for vehicles
PEER-TO-PEER CAR SHARING; and, in financial responsibility,
providing for group insurance for private vehicle rental
PEER-TO-PEER CAR SHARING 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) if imposed by a city of the first class.
(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) if imposed by a city of the first class.
(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 program provider shall enter into an agreement
with the airport sponsor before enabling private vehicle
rental at an airport, unless the airport explicitly and in
writing waives the right to require an agreement. In lieu of
an agreement, an airport sponsor may regulate a private
vehicle rental program pursuant to rules and regulations.
(2) A program provider is enabling private vehicle
rental at an airport if the program provider 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
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(iv) promote or market a private vehicle rental to
transport airport passengers on or off of airport
property.
(3) An airport agreement or rules and regulations may
impose fees and charges on a program provider.
(4) If a program provider fails to or refuses to enter
into an agreement with the airport sponsor, the affected
airport may seek an injunction prohibiting the program
provider from operating at the airport and may seek damages
against the private vehicle rental program.
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
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BEYOND INSURANCE OR HAVE IMPLICATIONS FOR OTHER LAW OF THIS
STATE, INCLUDING MOTOR VEHICLE REGULATION, AIRPORT REGULATION OR
TAXATION.
§ 1103. 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:
"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
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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
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
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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,
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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:
(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
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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
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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-
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:
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(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
LIABILITY SOLELY BASED ON VEHICLE OWNERSHIP.
(F) CONTRIBUTION AGAINST INDEMNIFICATION.--A MOTOR VEHICLE
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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
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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
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-
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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
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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:
(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
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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.
Section 2. Title 75 is amended by adding a section to read:
§ 1799.8. Group insurance for private vehicle rental PEER-TO-
PEER CAR SHARING programs.
(a) Insurance requirements.--In the case of a vehicle that
is used in connection with a private vehicle rental PEER-TO-PEER
CAR SHARING 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) § 1104 (RELATING TO INSURANCE) , issued
to a THE program provider and the renters and authorized or
permissive drivers of the private vehicle rental program SHARED
VEHICLE DRIVER for any time that the vehicle is being used in
connection with the private vehicle rental PEER-TO-PEER CAR
SHARING 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 § 1104 , 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
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vehicle rental PEER-TO-PEER CAR SHARING program as insured group
members, covering those vehicles while they are being used in
conjunction with that private vehicle rental PEER-TO-PEER CAR
SHARING 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).
"PEER-TO-PEER CAR-SHARING PROGRAM." AS DEFINED IN 40 PA.C.S.
§ 1103 (RELATING TO DEFINITIONS).
"Program provider." As defined in 40 Pa.C.S. § 1102. THE
ENTITY THAT OPERATES, FACILITATES OR ADMINISTERS TRANSACTIONS
FROM A PEER-TO-PEER CAR SHARING PROGRAM.
"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.
"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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