Sponsored by:
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
SYNOPSIS
Peer-to-Peer Car Sharing Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning peer-to-peer car sharing and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the Peer-to-Peer Car Sharing Act.
2. As used in this act:
Car sharing program agreement means 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.
Car sharing delivery period means 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 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 car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time.
Car sharing start time means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.
Car sharing termination time means 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 vehicle is delivered to the location agreed upon in the car sharing program agreement;
(2) when the 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) when the shared vehicle owner or the shared vehicle owners authorized designee, takes possession and control of the shared vehicle.
Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the vehicles owner through a peer-to-peer car sharing program. Peer-to-peer car sharing shall not mean rental vehicle or rental company as defined pursuant to section 2 of P.L.1963, c.44 (C.54:39A-2).
Peer-to-peer car sharing program means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. Peer-to-peer car sharing program shall not include a rental company as defined pursuant to section 2 of P.L.1963, c.44 (C.54:39A-2).
"Shared vehicle" means a motor vehicle and an all-terrain vehicle, dirt bike, or snowmobile, co-defined pursuant to section 1 of P.L.1951, C.25 (C.39:1-1) and as defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1) respectively, that is available for sharing through a peer-to-peer car sharing program.
(1) A shared vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousine as defined in R.S.48:16-13 or section 2 of P.L.1997, c.356 (C.48:16-13.1), an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section 1 of P.L.1991, c.154 (C.17:28-1.5), or any other for-hire vehicle.
(2) A shared vehicle shall not be considered an automobile as defined in subsection a. of section 2 of P.L.1972, c.70 (C.39:6A-2) during a car sharing period.
Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement.
"Shared vehicle owner" means 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.
3. a. A peer-to-peer car sharing program shall assume liability, except as provided in subsection b. of this section, 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 shall not be less than those set forth in section 20 of P.L. 1973, c.307 (C.39:3C-20), section 2 of P.L.1968, c.385 (C.17:28-1.1), and section 4 of P.L.1972, c.70 (C. 39:6A-4).
b. Notwithstanding the definition of car sharing termination time pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the assumption of liability under subsection a. of this section shall not apply to any shared vehicle owner when the shared vehicle owner:
(1) 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
(2) acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of car sharing program agreement.
c. Notwithstanding the definition of car sharing termination time pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the assumption of liability under subsection a. of this section shall apply to bodily injury, property damage, uninsured and underinsured motorist and personal injury protection losses by damaged third parties required by section 20 of P.L. 1973, c.307 (C.39:3C-20), section 2 of P.L.1968, c.385 (C.17:28-1.1), and section 4 of P.L.1972, c.70 (C. 39:6A-4).
d. 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 set forth in section 1 of P.L.1972, c.197 (C.39:6B-1) and:
(1) recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
(2) does not exclude use of a shared vehicle by a shared vehicle driver.
e. To satisfy the requirements of subsection d. of this section, motor vehicle liability insurance shall be maintained by:
(1) a shared vehicle owner;
(2) a shared vehicle driver;
(3) a peer-to-peer car sharing program; or
(4) a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car sharing program.
f. The insurance described in subsection e. of this section shall be primary during each car sharing period. In the event that a claim occurs in another state with minimum financial responsibility limits higher than in section 1 of P.L.1972, c.197 (C.39:6B-1), during the car sharing period, the coverage maintained under subsection e. of this section shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
g. The insurer, insurers, or peer-to-peer car sharing program providing coverage under subsection e. of this section shall assume primary liability for a claim when:
(1) a dispute exists as to who was in control of the shared motor 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 section 6 of P.L. , c. (C. ) (pending before the Legislature as