§ 900. Definitions. As used in this article, the following terms shall have the following meanings: 1. “Peer-to-peer car sharing” shall mean the authorized use of a shared vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. 2. “Peer-to-peer car sharing program” or “program” means a program that facilitates […]
§ 901. Requirements for doing business. 1. No shared vehicle shall be classified as a commercial vehicle, for-hire vehicle, transportation network company or TNC vehicle as defined in article forty-four-B of the vehicle and traffic law, taxi-cab, rental vehicle as defined in section one hundred thirty-seven-a of the vehicle and traffic law, or livery vehicle […]
§ 902. Program liability. 1. Notwithstanding any other provision of law, or any provision in a shared vehicle owner’s policy of motor vehicle liability insurance, in the event of a loss, death, or injury that shall occur during the peer-to-peer car sharing period, the peer-to-peer car sharing program insurers providing coverages under section nine hundred […]
§ 903. Lien implications; notification. When a vehicle owner first registers as a shared vehicle owner in a peer-to-peer car sharing program and prior to such time as when the shared vehicle owner makes a shared vehicle available for peer-to-peer car sharing in the peer-to-peer car sharing program, the peer-to-peer car sharing program administrator shall […]
§ 904. Insurable interest. 1. Notwithstanding any other provision of law to the contrary, a peer-to-peer car sharing program administrator shall have an insurable interest in a shared vehicle during the peer-to-peer car sharing period. 2. Nothing in this section shall create an obligation for a peer-to-peer car sharing program administrator to provide insurance beyond […]
§ 905. Disclosures. 1. Each peer-to-peer car sharing program agreement made in this state shall disclose and separately state or itemize to the shared vehicle owner and the shared vehicle driver: (a) the daily rate, fees, and, if applicable, any insurance or protection package costs that shall be charged to the shared vehicle owner or […]
§ 906. Driver’s license verification; data retention. 1. A peer-to-peer car sharing program administrator shall not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle furnishes proof, by electronic means or otherwise, of: (a) a valid New York driver’s license which authorizes the driver […]
§ 907. Data privacy protections. Notwithstanding any other provision of the law to the contrary, all trip data, personal information, images, videos, and other recorded images collected by any peer-to-peer car sharing program administrator that is authorized to operate pursuant to this article shall be for the exclusive use of such peer-to-peer car sharing program […]
§ 908. Responsibility for equipment. A peer-to-peer car sharing program administrator shall have sole responsibility for any equipment, such as a global positioning system, or GPS, or other special equipment which is put in or on such shared vehicle to monitor or facilitate the peer-to-peer car sharing transaction, and shall agree to indemnify and hold […]
§ 909. Safety recalls. 1. At the time when a shared vehicle owner registers a shared vehicle in 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 in the peer-to-peer car sharing program, and no less than annually thereafter, the peer-to-peer […]
§ 910. Discrimination based on age prohibited. 1. It shall be unlawful for any corporation, partnership, firm, institution, sole proprietorship or other entity or person engaged in the business of peer-to-peer car sharing to refuse to make a shared vehicle available to any person twenty-one years of age or older solely on the basis of […]
§ 911. Discrimination on the basis of credit card ownership prohibited. 1. It shall be unlawful for any person, firm, partnership, institution, sole proprietorship, corporation or other entity engaged in the business of peer-to-peer car sharing to refuse to make a shared vehicle available to any person solely on the requirement of ownership of a […]
§ 912. Discrimination in peer-to-peer car sharing prohibited. 1. No corporation, partnership, firm, institution, sole proprietorship or other entity or person engaged in the business of peer-to-peer car sharing shall refuse to make a shared vehicle available to any person otherwise qualified because of race, color, ethnic origin, religion, disability, or sex. 2. Any person, […]
§ 913. Optional vehicle protection; requirements. 1. (a) (i) A peer-to-peer car sharing program administrator shall not charge a separately itemized fee solely for optional vehicle protection, except as follows: (A) the fee charged by a peer-to-peer car sharing program administrator shall represent the administrator’s good-faith estimate of a daily charge, as calculated by the […]
§ 914. Geographical discrimination prohibited. It shall be unlawful for any peer-to-peer car sharing program administrator to engage in any of the following practices solely on the basis of the geographical location of the residence of a New York state resident attempting to enter into a peer-to-peer car sharing agreement: 1. refusing to allow participation […]
§ 915. Global positioning systems. A peer-to-peer car sharing program administrator shall not use information from any global positioning system technology to determine or impose any costs, fees, charges, or penalties on a shared vehicle driver for such driver’s use of a shared vehicle. The use of global positioning technology shall not limit the right […]
§ 916. Notice. In accordance with any applicable federal law or rule, every peer-to-peer car sharing program shall display the following notice prominently and in a clear and conspicuous location on its website, with lettering that is legible: “NOTICE: New York State Law prohibits the following practices by peer-to-peer car sharing program administrators based upon […]
§ 917. Electronic notice authorized. 1. Notwithstanding any other provision of this article, and the peer-to-peer car sharing act, including, without limitation, sections two thousand three hundred five, three thousand four hundred fifty-nine, three thousand four hundred sixty, and five thousand one hundred six of the insurance law, any notice, statement, certificate, or disclosure of […]
§ 918. Airport transactions. If an airport operator, including but not limited to the public authority responsible for regulating commerce at such airport within this state, requests that a peer-to-peer car sharing program administrator enter into an airport concession agreement, such peer-to-peer car sharing program shall enter into a written agreement, where the peer-to-peer car […]
§ 919. Enforcement. 1. Except where a different penalty is specifically imposed pursuant to any provision of this article, any peer-to-peer car sharing program found by a court of competent jurisdiction to have violated a provision of this article shall be subject to a penalty of not less than five hundred dollars nor more than […]
