§7403. Requirements and limitations for shared vehicle through peer-to-peer car sharing

1.  Classification.  A motor vehicle insured, or required to be insured, by its registered owner pursuant to Title 29‑A, section 1601 may not be classified as a commercial motor vehicle, for-hire transportation vehicle, permissive use vehicle, taxicab or livery solely on the basis that the registered owner allows the motor vehicle to be used as a shared vehicle through peer-to-peer car sharing.

[PL 2019, c. 367, §1 (NEW).]

2.  Exclusion of coverage.  An insurer that writes motor vehicle liability insurance in the State may exclude any coverage and the duty to defend or indemnify for any claim afforded during the car sharing period under a shared vehicle owner's motor vehicle liability insurance policy. Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing or hire or for any business use.

[PL 2019, c. 367, §1 (NEW).]

3.  Exemption; vicarious liability.  A provider and a shared vehicle owner are exempt from vicarious liability in accordance with 49 United States Code, Section 30106 and under any state or local law that imposes liability solely based on vehicle ownership.

[PL 2019, c. 367, §1 (NEW).]

4.  Provider insurance; other requirements.  For each shared vehicle participating in a program, a provider shall:

A. Procure insurance coverage of the shared vehicle during the car sharing period. At a minimum, the insurance must provide:

(1) Primary liability coverage for the shared vehicle owner and secondary liability coverage for the shared vehicle driver in an amount not less than 3 times the minimum requirements for liability in Title 29‑A, section 1605; and

(2) Beginning June 1, 2020, property and casualty coverage, including comprehensive and collision protection, for physical loss to the shared vehicle during the time that the vehicle is in the custody of the provider or shared vehicle driver in an amount not less than the replacement cost of the shared vehicle;   [PL 2019, c. 367, §1 (NEW).]

B. Provide the shared vehicle owner with suitable written proof of compliance with the insurance requirements of this subsection. A copy of the written proof of compliance must be maintained in the shared vehicle by the shared vehicle owner during any time the shared vehicle is operated by a shared vehicle driver or any individual other than the shared vehicle owner pursuant to a program;   [PL 2019, c. 367, §1 (NEW).]

C. Comply with the provisions of Title 29‑A, section 254 relating to requirements for retention of records relating to the identity of shared vehicle drivers, including a record of the shared vehicle driver's driver's license and the exact time the vehicle is used as a shared vehicle in a shared vehicle driver's possession; and   [PL 2019, c. 367, §1 (NEW).]

D. Cooperate in a claims coverage investigation to facilitate the exchange of relevant information with directly involved parties and any insurer of a shared vehicle owner or a shared vehicle driver participating in a program.   [PL 2019, c. 367, §1 (NEW).]

[PL 2019, c. 367, §1 (NEW).]

5.  Cancellation or termination of insurance.  If any insurance policy procured by a provider is cancelled or terminated, the provider shall send notice within 15 days to all shared vehicle owners participating in the provider's program.

[PL 2019, c. 367, §1 (NEW).]

SECTION HISTORY

PL 2019, c. 367, §1 (NEW).