8-2801. Peer-to-peer vehicle sharing program act; citation. K.S.A. 2021 Supp. 8-2801 through 8-2813, and amendments thereto, shall be known and may be cited as the peer-to-peer vehicle sharing program act. History: L. 2021, ch. 55, § 1; January 1, 2022.
8-2802. Same; definitions. As used in this act: (a) “Act” means the peer-to-peer vehicle sharing program act. (b) “Peer-to-peer vehicle sharing” means the authorized use of a shared vehicle by an individual other than the shared vehicle’s owner through a peer-to-peer vehicle sharing program. “Peer-to-peer vehicle sharing” does not include: (1) The rental or lease […]
8-2803. Same; liability for bodily injury and property damage; primary liability; requirements for motor vehicle insurance. (a) Except as provided in subsection (b), a peer-to-peer vehicle sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties for uninsured and underinsured motorist or personal injury protection losses […]
8-2804. Same; lien against shared vehicle; notification requirements. Between the time that a vehicle owner registers as a shared vehicle owner on a peer-to-peer vehicle sharing program and the time that the shared vehicle owner makes a vehicle available as a shared vehicle on the program, the program shall notify the shared vehicle owner that […]
8-2805. Same; motor vehicle liability insurance exclusions allowed. (a) An authorized insurer that writes motor vehicle liability insurance in the state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including, but not limited to: (1) Liability […]
8-2806. Same; peer-to-peer vehicle sharing program required to keep and furnish records. A peer-to-peer vehicle sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, vehicle sharing period pick up and drop off locations, fees paid by the shared vehicle driver and revenues received […]
8-2807. Same; peer-to-peer vehicle sharing program and shared vehicle owner exempt from vicarious liability. A peer-to-peer vehicle sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local law that imposes liability based solely on vehicle ownership. History: L. 2021, ch. […]
8-2808. Same; motor vehicle insurer recovery against peer-to-peer vehicle sharing program; when. A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle insurer of the peer-to-peer vehicle sharing program if the […]
8-2809. Same; peer-to-peer vehicle sharing program insurable interest in shared vehicle. (a) Notwithstanding any other law, statute, rule or regulation to the contrary, a peer-to-peer vehicle sharing program shall have an insurable interest in a shared vehicle during the vehicle sharing period. (b) Nothing in this section shall be construed to require that a peer-to-peer […]
8-2810. Same; required disclosures in vehicle sharing program agreement; emergency telephone number. (a) Every vehicle sharing program agreement made in the state of Kansas shall disclose the following information to the shared vehicle owner and the shared vehicle driver, as appropriate: (1) Any right of the peer-to-peer vehicle sharing program to seek indemnification from the […]
8-2811. Same; requirements for driver to enter peer-to-peer vehicle sharing program agreement; recordkeeping requirements. (a) A peer-to-peer vehicle sharing program shall not enter into a peer-to-peer vehicle sharing program agreement with a driver unless the driver who will operate the shared vehicle: (1) Holds a driver’s license issued by the state of Kansas that authorizes […]
8-2812. Same; peer-to-peer vehicle sharing program solely responsible for installed equipment; indemnity. A peer-to-peer vehicle sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment, that is installed in or on the shared vehicle to monitor or facilitate the vehicle sharing transaction, and shall agree to indemnify […]
8-2813. Same; safety recalls; responsibilities of peer-to-peer vehicle sharing program and vehicle owner; vehicle disqualified from vehicle sharing. (a) After the time that a vehicle owner registers as a shared vehicle owner on a peer-to-peer vehicle sharing program but before the time that the shared vehicle owner makes a vehicle available as a shared vehicle […]