[Part VIII.]  PEER-TO-PEER CAR-SHARING INSURANCE

Note

  Part repealed June 30, 2025.  L 2022, c 56, §5.

  Report to 2025 legislature on the progress in implementing this part.  L 2022, c 56, §3.

     [§431:10C-801]  Definitions.  [See Note at part heading.]  As used in this chapter:

     "Car-sharing delivery period" means the period of time during which a shared car is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing program agreement.

     "Car-sharing period" means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time.

     "Car-sharing program agreement" means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program.  "Car-sharing program agreement" does not include a rental agreement as defined in section 437D-3.

     "Car-sharing start time" means the time the shared car driver obtains operation, use, or control of a shared car through a peer-to-peer car-sharing program.

     "Car-sharing termination time" means the latest of the following events:

     (1)  The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;

     (2)  When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;

     (3)  When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;

     (4)  When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;

     (5)  When the shared car owner receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or

     (6)  When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car.

     "Peer-to-peer car-sharing" means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program.  "Peer-to-peer car-sharing", for the purposes of assessing a vehicle surcharge tax, does not mean the business of providing rental motor vehicles to the public as that phrase is used in section 251-3.

     "Peer-to-peer car-sharing platform" means any person or business that owns or operates a peer-to-peer car-sharing program.

     "Peer-to-peer car-sharing program" means:

     (1)  Any person who enables a shared car driver to identify, reserve, or use a shared car owned by a shared car owner; or

     (2)  Any person who enables a shared car owner to describe, list, or make available a shared car for identification, reservation, or use by a shared car driver.

"Peer-to-peer car-sharing program" does not include:

     (1)  A transportation network company as defined in section 431:10C-701;

     (2)  A car-sharing organization as defined in section 251-1;

     (3)  Any person registered and acting as a travel agency pursuant to chapter 468L; or

     (4)  Any person registered and acting as an activity desk pursuant to chapter 468M.

     "Shared car" means a motor vehicle that is registered pursuant to chapter 286 and is not owned; controlled; operated; maintained; or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program; and is available for sharing through a peer-to-peer car-sharing program.  "Shared car" does not include a rental motor vehicle or vehicle as those terms are defined in section 437D-3.

     "Shared car driver" means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement.  "Shared car driver" does not include a lessee as defined in section 437D-3.

     "Shared car owner" means the registered owner of a shared car.  "Shared car owner" does not include a lessor as defined in section 437D-3. [L 2022, c 56, pt of §2]