KRS § 365.520 — KY Code / Title XXIX / Chapter 365 / Section 365.520
365.520 Definitions for KRS 365.520 to 365.528 -- Compliance requirement for peer-to-peer car sharing programs
Status: in_force

365.520 Definitions for KRS 365.520 to 365.528 -- Compliance requirement for

peer-to-peer car sharing programs.

(1) As used in KRS 365.520 to 365.528, unless the context requires otherwise:

(a) "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;

(b) "Car sharing period" means the period of time that commences with the

following and ends at the car sharing termination time:

1. The car sharing delivery period; or

2. If there is no car sharing delivery period, the car sharing start time;

(c) "Car sharing program agreement":

1. 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; and

2. Does not include rental or lease agreements entered with persons

operating under a U-Drive-It certificate as defined in KRS 281.010;

(d) "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;

(e) "Car sharing termination time" means the earliest of the following:

1. The expiration of the agreed-upon period of time established for use of a

shared vehicle according to the terms of a 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 takes possession and control of the

shared vehicle;

(f) "Peer-to-peer car sharing":

1. Means the authorized use of a motor vehicle by an individual other than

the vehicle's owner through a peer-to-peer car sharing program; and

2. Does not:

a. Include the operation of a U-Drive-It as defined in KRS 281.010;

or

b. Involve the sale or provision of rental vehicle insurance as defined

in KRS 304.9-020;

(g) "Peer-to-peer car sharing program":

1. Means a business platform that connects shared vehicle owners with

shared vehicle drivers to enable the sharing of motor vehicles for

financial consideration; and

2. Does not include a:

a. U-Drive-It as defined in KRS 281.010;

b. Motor vehicle renting company as defined in KRS 281.687;

c. Rental vehicle agent as defined in KRS 304.9-020; or

d. Service provider that is solely providing hardware or software as a

service to a person or entity that is not effectuating payment of

financial consideration for use of a shared vehicle;

(h) "Shared vehicle":

1. Means a motor vehicle that is available for car sharing through a peer-

to-peer car sharing program; and

2. Does not include a motor vehicle leased or rented by a person operating

under a U-Drive-It certificate as defined in KRS 281.010;

(i) "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; and

(j) "Shared vehicle owner":

1. Means the registered owner, or a person or entity designated by the

registered owner, of a motor vehicle made available for sharing to

shared vehicle drivers through a peer-to-peer car sharing program; and

2. Does not include a:

a. Person operating a U-Drive-It as defined in KRS 281.010;

b. Motor vehicle renting company as defined in KRS 281.687; or

c. Rental vehicle agent as defined in KRS 304.9-020.

(2) A peer-to-peer car sharing program doing business in this state shall comply with

KRS 365.522 and 365.524