Chapter 4516: PEER-TO-PEER CAR SHARING PROGRAMS

4516.01 Definitions.

As used in this chapter:

(A) "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, with the car sharing start time, in accordance with the peer-to-peer car sharing program agreement, and ends with the car sharing termination time.

(B) "Car sharing delivery period" means the period of time in which a shared vehicle is being delivered to the location for the shared vehicle driver to take possession of the shared vehicle, in accordance with the peer-to-peer car sharing program agreement.

(C) "Car sharing start time" means either the point in time when the shared vehicle driver takes possession of the shared vehicle or the point in time when the shared vehicle driver was scheduled to take possession of the shared vehicle, whichever occurs first.

(D) "Car sharing termination time" means the point in time when the earliest of the following events occurs:

(1) The expiration time established in the peer-to-peer car sharing program agreement for use of the shared vehicle, provided that the shared vehicle is returned to the location designated in the agreement by the expiration time;

(2) The shared vehicle is returned to an alternate location, if the shared vehicle owner and the shared vehicle driver agree on the alternate location, as communicated through the peer-to-peer car sharing program;

(3) The shared vehicle owner or the owner's designee takes possession of the shared vehicle.

(E) "Motor vehicle" has the same meaning as in section 4509.01 of the Revised Code.

(F) "Motor-vehicle liability policy" has the same meaning as in section 4509.01 of the Revised Code.

(G) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car sharing program.

(H) "Peer-to-peer car sharing program" or "program" means a person who operates a business platform that connects a shared vehicle owner to a shared vehicle driver to enable the sharing of vehicles for financial consideration. "Peer-to-peer car sharing program" does not include a motor vehicle leasing dealer as defined in section 4517.01 of the Revised Code or a motor vehicle renting dealer as defined in section 4549.65 of the Revised Code.

(I) "Peer-to-peer car sharing program agreement" or "agreement" means an agreement established through the peer-to-peer car sharing program that serves as a contract between the peer-to-peer car sharing program, the shared vehicle owner, and the shared vehicle driver and describes the specific terms and conditions of the agreement, including the car sharing period and the location or locations for transfer of possession.

(J) "Proof of financial responsibility" has the same meaning as in section 4509.01 of the Revised Code.

(K) "Safety recall" means a recall issued pursuant to 49 U.S.C. 30118 pertaining to a defect related to motor vehicle safety or noncompliance with an applicable federal motor vehicle safety standard.

(L) "Shared vehicle" means a personal motor vehicle that is registered as a passenger car under Chapter 4503. of the Revised Code or a substantially similar law in another state and that is enrolled in a peer-to-peer car sharing program.

(M) "Shared vehicle driver" means a person authorized by a shared vehicle owner, in accordance with the terms and conditions of a peer-to-peer car sharing program agreement, to operate a shared vehicle during a car sharing period.

(N) "Shared vehicle owner" means a registered owner of a shared vehicle or a person designated by the registered owner.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.02 Peer-to-peer card sharing program agreement.

(A) A peer-to-peer car sharing program shall collect all of the following information before entering into a peer-to-peer car sharing program agreement including, but not limited to:

(1) The name and address of the shared vehicle owner and the shared vehicle driver;

(2) The driver's license number and state of issuance of the shared vehicle driver;

(3) The name, address, driver's license number, and state of issuance of any other person who will operate the shared vehicle during the car sharing period;

(4) Information regarding whether the shared vehicle owner and the shared vehicle driver have motor-vehicle liability policy or other proof of financial responsibility and information related to that policy or proof and any policy limits;

(5) Whether the shared vehicle owner knows of any safety recalls regarding the shared vehicle;

(6) Verification that the shared vehicle is registered in accordance with the requirements established under Chapter 4503. of the Revised Code or a substantially similar law in another state.

(B) A peer-to-peer car sharing program shall not allow a peer-to-peer car sharing program agreement through its platform if the program knows that the person who will operate the shared vehicle is not a party to the agreement or knows that such a person does not have a valid driver's license.

(C) A peer-to-peer car sharing program shall not allow a peer-to-peer car sharing agreement through its platform if the shared vehicle that is the subject of the agreement is not registered.

(D) A peer-to-peer car sharing program shall collect, verify, and maintain records pertaining to the use of each shared vehicle enrolled in the program, including records pertaining to all of the following:

(1) The dates, times, and duration of time that the shared vehicle is in use through the program;

(2) The dates, times, and duration of time that the shared vehicle driver possesses the shared vehicle through the program;

(3) Any fees or other financial consideration paid by the shared vehicle driver;

(4) Any revenues or other financial consideration received by the shared vehicle owner;

(5) Any other information or data that is necessary to establish the car sharing period, including the car sharing delivery period, the car sharing start time, and the car sharing termination time, for the shared vehicle.

(E)

(1) The program shall provide the records required by division (D) of this section, upon request, to any shared vehicle owner, shared vehicle driver, the shared vehicle owner's insurer, or the shared vehicle driver's insurer for purposes of facilitating the investigation of a claim, incident, or accident.

(2) Upon receipt of a valid warrant, the program shall provide the records required by division (D) of this section to law enforcement.

(F) The program shall retain records required by division (D) of this section regarding each car sharing period for not less than three years after the car sharing period.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.03 Disclosures.

A peer-to-peer car sharing program shall disclose all of the following to the shared vehicle owner and the shared vehicle driver in the peer-to-peer car sharing program agreement:

(A) Any right of the program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the program resulting from a breach of the terms and conditions of the agreement;

(B) That any motor-vehicle liability policy or other proof of financial responsibility issued to the shared vehicle owner for the shared vehicle or issued to the shared vehicle driver does not provide a defense against or indemnification for any claim asserted by the program;

(C) That the program's motor vehicle insurance coverage on the shared vehicle owner, the shared vehicle driver, and the shared vehicle is in effect only during the car sharing period and that any use of the shared vehicle by the shared vehicle driver after the car sharing termination time may not be covered by either the program's insurance or any other motor-vehicle liability policy or proof of financial responsibility;

(D) The daily rate, fees, and any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;

(E) That the shared vehicle owner's motor-vehicle liability policy or other proof of financial responsibility may not provide coverage for a shared vehicle during the car sharing period or for any use outside of the policy's or proof's stated terms and conditions;

(F) Any conditions under which a shared vehicle driver must maintain a separate motor-vehicle liability policy or other proof of financial responsibility with certain applicable coverage limits in order to reserve and use a shared vehicle under the agreement;

(G) Emergency contact information for roadside assistance and other customer service inquiries.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.04 Responsibility for equipment.

A peer-to-peer car sharing program shall have sole responsibility for any equipment, including a global positioning system or other special equipment that is installed in or on the shared vehicle to monitor or facilitate peer-to-peer car sharing. The program shall agree to indemnify and hold harmless the shared vehicle owner for any damage or theft of the system or equipment during the car sharing period that is not caused by the shared vehicle owner. The program may seek indemnity from the shared vehicle driver for any loss or damage to the system or equipment that occurs during the car sharing period that is caused by the shared vehicle driver.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.05 Registration of vehicle; duties of program and owner.

(A) When a motor vehicle owner registers as a shared vehicle owner with a peer-to-peer car sharing program and before the shared vehicle owner makes the shared vehicle available for peer-to-peer car sharing, the program shall do all of the following:

(1) Verify that the shared vehicle does not have any outstanding safety recalls on the vehicle;

(2) Provide notice to the shared vehicle owner of the owner's responsibilities under division (B) of this section.

(B)

(1) If a shared vehicle owner receives actual notice of a safety recall on the shared vehicle, the shared vehicle owner shall not make the shared vehicle available through a peer-to-peer car sharing program until the safety recall repair is made.

(2) If the shared vehicle owner receives actual notice of a safety recall on the shared vehicle after the shared vehicle is available through a peer-to-peer car sharing program but while the shared vehicle is not currently possessed by a shared vehicle driver, the shared vehicle owner shall remove the shared vehicle from availability until the safety recall repair is made.

(3) If the shared vehicle owner receives actual notice of a safety recall on the shared vehicle while the vehicle is possessed by a shared vehicle driver, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall, so that the car sharing period can be terminated to allow the shared vehicle owner to address the safety recall repair.

(C) The peer-to-peer car sharing program shall establish commercially reasonable procedures to determine any safety recalls that apply to a shared vehicle registered with the program after the initial registration of the shared vehicle with the program.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.06 Nature of transactions.

(A) Peer-to-peer car sharing and a peer-to-peer car sharing program agreement are a consumer transaction for purposes of sections 1345.01 to 1345.13 of the Revised Code. The peer-to-peer car sharing program and the shared vehicle owner are the suppliers and the shared vehicle driver is the consumer for purposes of those sections.

(B) A peer-to-peer car sharing program is not liable for a violation under sections 1345.01 to 1345.13 of the Revised Code when the alleged violation is the result of false, misleading, or inaccurate information provided to the program by a shared vehicle owner or a shared vehicle driver and the program relied on that information in good faith.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.07 Rulemaking authority for public-use airports.

(A) As used in this section, "public-use airport" has the same meaning as in section 4563.30 of the Revised Code.

(B) The operator of a public-use airport may adopt reasonable standards, regulations, procedures, and fees that are applicable to peer-to-peer car sharing programs. The operator may enter into such agreements, including concession agreements, with a peer-to-peer car sharing program. A peer-to-peer car sharing program, shared vehicle owner, and shared vehicle driver shall comply with any applicable standards, regulations, procedures, fees, and agreements adopted by a public-use airport, and shall pay any applicable fees in a timely manner.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.08 Legislative intent regarding insurers.

It is not the intent of the general assembly that any provision in Chapter 4516. of the Revised Code be interpreted as either limiting or restricting an insurer's ability to exclude insurance coverage from any insurance policy or an insurer's ability to underwrite any insurance policy.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.09 Assumption of liability.

(A) Except as provided in division (B) of this section, a peer-to-peer car sharing program shall assume liability of a shared vehicle owner for any death, bodily injury, or property damage to a third party or an uninsured or underinsured motorist that is proximately caused by the operation of the shared vehicle during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement. The amount shall be not less than that specified in division (A)(1) of section 4516.10 of the Revised Code.

(B) The assumption of liability under division (A) of this section does not apply if either of the following occurs:

(1) The shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the program regarding the shared vehicle owner's motor-vehicle liability policy, other proof of financial responsibility, or the type or condition of the shared vehicle before the car sharing period in which the loss occurs;

(2) The shared vehicle owner and the shared vehicle driver conspire to have the shared vehicle driver fail to return the shared vehicle, in violation of the terms of the peer-to-peer car sharing agreement.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.10 Liability coverage.

(A)

(1) 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 each covered by a motor-vehicle liability policy or other proof of financial responsibility that recognizes their status as a shared vehicle owner or shared vehicle driver and provides coverage for the operation of the shared vehicle during the car sharing period. Each policy or proof shall be maintained in the following amounts:

(a) At least twenty-five thousand dollars because of bodily injury to or death of one person in any one accident;

(b) At least fifty thousand dollars because of bodily injury or death of two or more persons in any one accident;

(c) At least twenty-five thousand dollars because of injury to property of others in any one accident.

(2) The insurance required by division (A)(1) of this section may be satisfied by any of the following or a combination of any of the following:

(a) A motor-vehicle liability policy or other proof of financial responsibility that is maintained by the shared vehicle owner;

(b) A motor-vehicle liability policy or other proof of financial responsibility that is maintained by the shared vehicle driver;

(c) A motor-vehicle liability policy or other proof of financial responsibility that is maintained by the peer-to-peer car sharing program.

(3)

(a) If the motor-vehicle liability policy or other proof of financial responsibility maintained by a shared vehicle owner or shared vehicle driver does not provide liability coverage for peer-to-peer car sharing in the amounts required by division (A)(1) of this section, the insurance maintained by the peer-to-peer car sharing program shall provide the required coverage, beginning with the first dollar of the claim and shall have the duty to defend the claim.

(b) A motor-vehicle liability policy or other proof of financial responsibility maintained by a peer-to-peer car sharing program in accordance with this section shall not require the shared vehicle owner's or shared vehicle driver's insurer to first deny a claim before providing coverage.

(B) A motor-vehicle liability policy that meets the requirements of this section satisfies the requirement for proof of financial responsibility for motor vehicles under Chapter 4509. of the Revised Code.

(C)

(1) The peer-to-peer car sharing program shall examine the motor-vehicle liability policy or other proof of financial responsibility maintained by a shared vehicle owner or a shared vehicle driver to determine whether that policy or proof provides or excludes coverage for peer-to-peer car sharing prior to entering into a peer-to-peer car sharing agreement with that shared vehicle owner or shared vehicle driver if either of the following occur:

(a) The shared vehicle owner or the shared vehicle driver refuses insurance coverage provided by the program.

(b) The shared vehicle owner or the shared vehicle driver claims the policy or proof maintained by that shared vehicle owner or shared vehicle driver provides coverage for peer-to-peer car sharing.

(2) The peer-to-peer car sharing program may require increased limits of insurance beyond what is required by division (A)(1) of this section as a condition of participation in the agreement.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.11 Liability for claims.

(A) In addition to any liability assumed when a peer-to-peer car sharing program is providing all of the required coverage, the program shall assume liability for a claim when all of the following apply:

(1) The program is providing at least part of the required insurance coverage;

(2) A dispute exists as to who was operating the shared vehicle at the time of the loss;

(3) The program either does not have available or cannot promptly produce the records required by section 4516.02 of the Revised Code.

(B) A peer-to-peer car sharing program may seek indemnity from a shared vehicle owner if the shared vehicle owner is determined to have been the operator of the shared vehicle at the time of the loss.

(C) In addition to any other insurance coverage required by this chapter, a peer-to-peer car sharing program shall maintain insurance in an amount of at least one million dollars that provides coverage for the program's liability for an act or omission of the program that is the proximate cause of death, bodily injury, or property damage to any person in any one accident because of the operation of a shared vehicle through the program.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.12 Exemption from vicarious liability.

A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. 30106 and under any state law or municipal ordinance that imposes liability solely based on vehicle ownership.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.

4516.13 Construction of chapter.

Nothing in this chapter does any of the following:

(A) Limits the liability of the peer-to-peer car sharing program for any act or omission of the program itself that results in death, bodily injury, or property damage to any person as a result of the use of a shared vehicle through the program.

(B) Limits the ability of the program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the program resulting from a breach of the terms and conditions of the peer-to-peer car sharing agreement.

(C) Creates, implies, or otherwise grants insurance coverage not found in any motor-vehicle liability policy or other policy of insurance.


Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 1/15/2020.