§ 900 — Definitions

New York § 900

• Jurisdiction: New York
• Law GBS: General Business
• Art. 40: Peer-to-peer Car Sharing Programs

Text

§ 900. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. "Peer-to-peer car sharing" shall mean the authorized use of a\nshared vehicle by an individual other than the vehicle's owner through a\npeer-to-peer car sharing program.\n 2. "Peer-to-peer car sharing program" or "program" means a program\nthat facilitates the use or operation of a shared vehicle by a shared\nvehicle driver.\n 3. "Peer-to-peer car sharing program administrator" or "administrator"\nshall mean the corporation, partnership, firm, institution, sole\nproprietorship or other entity or person that is responsible for\noperating, facilitating or administering the means, digital or\notherwise, by which a business platform facilitates a peer-to-peer car\nsharing program for financial consideration, but shall not include a\nperson or entity engaged in the business of renting or leasing rental\nvehicles to be operated upon the public highways for carrying passengers\nor non-profit or charitable organizations that facilitate peer-to-peer\ncar sharing in exchange for payment of a fee or for financial\nconsideration.\n 4. "Peer-to-peer car sharing program agreement" or "agreement" shall\nmean the terms and conditions that govern the use of a shared vehicle\nthrough a peer-to-peer car sharing program.\n 5. "Shared vehicle" means a motor vehicle that is available for\nsharing through a peer-to-peer car sharing program that is both:\n (a) used nonexclusively for peer-to-peer car sharing activity pursuant\nto a peer-to-peer car sharing program agreement; and\n (b) not otherwise made available by the shared vehicle owner for use\nas a rental vehicle as defined in section one hundred thirty-seven-a of\nthe vehicle and traffic law.\n 6. "Shared vehicle driver" shall mean a driver, as such term is\ndefined by section one hundred thirteen of the vehicle and traffic law,\nof a shared vehicle during the sharing period who has been authorized to\nuse such shared vehicle pursuant to a peer-to-peer car sharing program\nagreement.\n 7. "Shared vehicle owner" shall mean an owner, as defined in section\none hundred twenty-eight of the vehicle and traffic law, of a registered\nshared vehicle made available for use by shared vehicle drivers through\na peer-to-peer car sharing program.\n 8. "Peer-to-peer car sharing delivery period" shall mean the period of\ntime during which a shared vehicle is being delivered to the location of\nthe peer-to-peer car sharing start time, if applicable, as documented by\nthe governing peer-to-peer car sharing program agreement.\n 9. "Peer-to-peer car sharing start time" shall mean the time when the\nshared vehicle becomes subject to possession or the control of the\nshared vehicle driver at, or after, the time the peer-to-peer car\nsharing period is scheduled to begin as documented in the records of a\npeer-to-peer car sharing program administrator.\n 10. "Peer-to-peer car sharing period" or "car sharing period" shall\nmean the period of time that shall commence with the peer-to-peer car\nsharing delivery period or, if there is no peer-to-peer car sharing\ndelivery period, the period of time that shall commence with the\npeer-to-peer car sharing start time and, in either case, shall end at\nthe peer-to-peer car sharing termination time.\n 11. "Peer-to-peer car sharing termination time" shall mean the\nearliest of the following events:\n (a) the expiration of the agreed upon period of time established for\nthe use of a shared vehicle according to the terms of the car sharing\nprogram agreement if the shared vehicle is delivered to the location\nagreed upon in the peer-to-peer car sharing program agreement;\n (b) returned to a location as alternatively agreed upon by the shared\nvehicle owner and shared vehicle driver as communicated through a\npeer-to-peer car sharing program; or\n (c) when the shared vehicle owner or the shared vehicle owner's\nauthorized designee takes possession or control of the shared vehicle.\n 12. "Group policy" means an insurance policy issued pursuant to\nsection three thousand four hundred fifty-eight of the insurance law.\n 13. "Motor vehicle" shall:\n (a) have the meaning set forth in section one hundred twenty-five of\nthe vehicle and traffic law; and\n (b) have a gross weight rating of ten thousand pounds or less.\n 14. "Optional vehicle protection" shall:\n (a) mean a peer-to-peer car sharing program administrator's agreement\nto contractually assume liability or risk of loss due to physical damage\nfor all or part of any damage or loss to the shared vehicle, any loss of\nuse of the shared vehicle, or any storage, impound, towing or\nadministrative charges for which a shared vehicle driver, or shared\nvehicle owner may be liable; and\n (b) encompass within its meaning other similar terms that may be used\nin the vehicle renting or sharing industry such as, but not limited to,\n"collision damage waiver", "CDW", "damage waiver", "loss damage waiver",\n"LDW", and "physical damage waiver".\n