2022 New York Laws
GBS - General Business
Article 40 - Peer-to-Peer Car Sharing Programs
900 - Definitions.

§ 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  the  use or operation of a shared vehicle by a shared
vehicle driver.
  3. "Peer-to-peer car sharing program administrator" or "administrator"
shall  mean  the  corporation,  partnership,  firm,  institution,   sole
proprietorship  or  other  entity  or  person  that  is  responsible for
operating,  facilitating  or  administering  the   means,   digital   or
otherwise,  by  which a business platform facilitates a peer-to-peer car
sharing program for financial consideration, but  shall  not  include  a
person  or  entity  engaged in the business of renting or leasing rental
vehicles to be operated upon the public highways for carrying passengers
or non-profit or charitable organizations that  facilitate  peer-to-peer
car  sharing  in  exchange  for  payment  of  a  fee  or  for  financial
consideration.
  4. "Peer-to-peer car sharing program agreement" or  "agreement"  shall
mean  the  terms  and conditions that govern the use of a shared vehicle
through a peer-to-peer car sharing program.
  5. "Shared vehicle" means  a  motor  vehicle  that  is  available  for
sharing through a peer-to-peer car sharing program that is both:
  (a) used nonexclusively for peer-to-peer car sharing activity pursuant
to a peer-to-peer car sharing program agreement; and
  (b)  not  otherwise made available by the shared vehicle owner for use
as a rental vehicle as defined in section one hundred thirty-seven-a  of
the vehicle and traffic law.
  6.  "Shared  vehicle  driver"  shall  mean  a  driver, as such term is
defined by section one hundred thirteen of the vehicle and traffic  law,
of a shared vehicle during the sharing period who has been authorized to
use  such  shared vehicle pursuant to a peer-to-peer car sharing program
agreement.
  7. "Shared vehicle owner" shall mean an owner, as defined  in  section
one hundred twenty-eight of the vehicle and traffic law, of a registered
shared  vehicle made available for use by shared vehicle drivers through
a peer-to-peer car sharing program.
  8. "Peer-to-peer car sharing delivery period" shall mean the period of
time during which a shared vehicle is being delivered to the location of
the peer-to-peer car sharing start time, if applicable, as documented by
the governing peer-to-peer car sharing program agreement.
  9. "Peer-to-peer car sharing start time" shall mean the time when  the
shared  vehicle  becomes  subject  to  possession  or the control of the
shared vehicle driver at,  or  after,  the  time  the  peer-to-peer  car
sharing  period  is scheduled to begin as documented in the records of a
peer-to-peer car sharing program administrator.
  10. "Peer-to-peer car sharing period" or "car  sharing  period"  shall
mean  the  period  of time that shall commence with the peer-to-peer car
sharing delivery period or, if there  is  no  peer-to-peer  car  sharing
delivery  period,  the  period  of  time  that  shall  commence with the
peer-to-peer car sharing start time and, in either case,  shall  end  at
the peer-to-peer car sharing termination time.
  11.  "Peer-to-peer  car  sharing  termination  time"  shall  mean  the
earliest of the following events:
  (a) 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 peer-to-peer car sharing program agreement;
  (b)  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; or
  (c)  when  the  shared  vehicle  owner  or  the shared vehicle owner's
authorized designee takes possession or control of the shared vehicle.
  12. "Group policy"  means  an  insurance  policy  issued  pursuant  to
section three thousand four hundred fifty-eight of the insurance law.
  13. "Motor vehicle" shall:
  (a)  have  the meaning set forth in section one hundred twenty-five of
the vehicle and traffic law; and
  (b) have a gross weight rating of ten thousand pounds or less.
  14. "Optional vehicle protection" shall:
  (a) mean a peer-to-peer car sharing program administrator's  agreement
to contractually assume liability or risk of loss due to physical damage
for all or part of any damage or loss to the shared vehicle, any loss of
use   of  the  shared  vehicle,  or  any  storage,  impound,  towing  or
administrative charges for which a  shared  vehicle  driver,  or  shared
vehicle owner may be liable; and
  (b)  encompass within its meaning other similar terms that may be used
in the vehicle renting or sharing industry such as, but not limited  to,
"collision damage waiver", "CDW", "damage waiver", "loss damage waiver",
"LDW", and "physical damage waiver".