N.Y. GBS Law § 901 — New York Code / Act GBS / Article 40 / Section 901
Requirements for doing business
Status: in_force

§ 901. Requirements for doing business. 1. No shared vehicle shall be\nclassified as a commercial vehicle, for-hire vehicle, transportation\nnetwork company or TNC vehicle as defined in article forty-four-B of the\nvehicle and traffic law, taxi-cab, rental vehicle as defined in section\none hundred thirty-seven-a of the vehicle and traffic law, or livery\nvehicle solely because the shared vehicle owner allows such vehicle to\nbe used for peer-to-peer car sharing, or as such for the duration of the\ncar sharing period, provided that: (a) the peer-to-peer car sharing is\ncompliant with a peer-to-peer car sharing program as provided in this\narticle; (b) if the car sharing program does not prohibit shared vehicle\ndrivers from using shared vehicles for commercial uses, the insurance\nmaintained by the car sharing program does not exclude coverage for such\ncommercial uses; and (c) the car sharing program does not knowingly\nplace the shared vehicle into use as a commercial vehicle or as a\nvehicle for-hire or as a transportation network company vehicle by a\nshared vehicle driver while engaged in peer-to-peer car sharing, unless\nthe shared vehicle driver or owner, as applicable, is in compliance with\nother laws applied to the commercial use or to use as a vehicle for-hire\nor as a transportation network company vehicle.\n  2. A peer-to-peer car sharing program administrator, during each\npeer-to-peer car sharing period for each shared vehicle that it\nfacilitates the use and operation of, shall maintain insurance that\nprovides financial responsibility coverage as follows:\n  (a) provide insurance coverage that is three times the financial\nresponsibility requirements set forth in the definition of "owners'\npolicy of liability insurance" in subdivision four of section three\nhundred eleven of the vehicle and traffic law;\n  (b) provide insurance coverage that satisfies the financial\nresponsibility requirements set forth in section three thousand four\nhundred twenty of the insurance law, article fifty-one of the insurance\nlaw and such other requirements, rules or regulations that may apply for\nthe purposes of satisfying the financial responsibility requirements\nwith respect to the use or operation of a motor vehicle;\n  (c) the insurance required under this subdivision need not be\ncoterminous with the registration period of the shared vehicle insured;\nand\n  (d) For purposes of article fifty-one of the insurance law, 11 NYCRR\nPart 65 and general liability claims, notice to the shared vehicle\nowner, shared vehicle driver, peer-to-peer car sharing program\nadministrator, or any insurer of the shared vehicle owner, shared\nvehicle driver, or peer-to-peer car sharing program administrator of any\nclaim shall be deemed notice to all appropriate parties and insurers.\nAny shared vehicle owner, shared vehicle driver, peer-to-peer car\nsharing program administrator, or any insurer of the shared vehicle\nowner, shared vehicle driver, or peer-to-peer car sharing program\nadministrator receiving such notice shall provide such notice to all\nappropriate parties.\n  3. The insurance requirements provided in subdivision two of this\nsection may be satisfied by insurance provided through a group policy\nmaintained by the peer-to-peer car sharing program administrator on the\nshared vehicle, shared vehicle owner, and shared vehicle driver pursuant\nto this article. Provided that the peer-to-peer car sharing program\nadministrator's group liability insurance policy shall be primary during\neach car sharing period, pursuant to section nine hundred two of this\narticle, nothing shall be deemed to preclude an insurer from providing\nexcess or umbrella coverage for the shared vehicle owner or shared\nvehicle driver if such shared vehicle owner or shared vehicle driver\nchooses to do so by contract or endorsement.\n  4. A peer-to-peer car sharing program administrator shall, during each\npeer-to-peer car sharing period for each shared vehicle that it\nfacilitates the use and operation of, perform the following:\n  (a) provide shared vehicle owners with proof of insurance coverage\nsatisfying subdivision two of this section and such shared vehicle owner\nor shared vehicle driver shall carry such proof of coverage with him or\nher at all times during his or her operation of a shared vehicle during\na peer-to-peer car sharing period. Such proof of coverage shall be in\nsuch form as the commissioner of motor vehicles shall prescribe, which\nmay be in the form of an insurance identification card as defined in\nsection three hundred eleven of the vehicle and traffic law. Any\ninsurance identification card issued pursuant to the provisions of this\narticle shall be in addition to the insurance identification card\nrequired pursuant to article six of the vehicle and traffic law, and\nnothing contained in this article shall be deemed to supersede the\nprovisions of article six of the vehicle and traffic law. Whenever the\nproduction of an insurance identification card is required by law, a\nshared vehicle owner or shared vehicle driver shall: (i) produce the\ninsurance identification card pursuant to article six of the vehicle and\ntraffic law; and (ii) if such shared vehicle owner or shared vehicle\ndriver was operating such vehicle during a peer-to-peer car sharing\nperiod, such shared vehicle owner or shared vehicle driver shall also\nproduce the insurance identification card required pursuant to this\narticle. A shared vehicle owner or shared vehicle driver who, while\noperating a shared vehicle during a peer-to-peer car sharing period, has\nin effect the insurance required pursuant to this article, shall not be\ndeemed to be in violation of insurance requirements under article six of\nthe vehicle and traffic law during such time as he or she was operating\nsuch vehicle during such period.\n  (b) provide the following for each shared vehicle driver, for each\npeer-to-peer car sharing period:\n  (i) an insurance identification card as defined in subdivision ten of\nsection three hundred eleven of the vehicle and traffic law, or other\ndocumentation, whether printed or electronic, which the shared vehicle\ndriver shall carry and have available in the vehicle at all times during\nthe peer-to-peer car sharing period and clearly demonstrates that the\nsecurity insurance referred to in subdivision two of this section is in\nfull force and effect; and\n  (ii) a toll-free number, electronic mail, or other such form of\ncommunication by which a law enforcement police officer, representative\nof the department of motor vehicles, or other officer of this state or\nany political subdivision thereof with relevant job responsibilities may\nconfirm that the insurance provided for in subdivision two of this\nsection is in full force and effect.\n  (c) collect, maintain, and make available to the shared vehicle owner,\nthe shared vehicle owner's primary motor vehicle liability insurer in\nconnection with a claimed loss, the shared vehicle driver's primary\nmotor vehicle liability insurer in connection with a claimed loss, any\nexcess or umbrella insurers in connection with a claimed loss, third\nparties directly involved in motor vehicle incidents with a shared\nvehicle in connection with a claimed loss, and any government agency as\nrequired by law, within ten business days of a request, or as reasonably\npracticable thereafter the following information pertaining to incidents\nwhich occurred during the peer-to-peer car sharing period:\n  (i) available records of the peer-to-peer car sharing period for each\nshared vehicle involved, and to the extent available, verifiable\nelectronic records of the time, initial and final locations of the\nvehicle, and, to the extent mileage is collected, miles driven;\n  (ii) in instances where an insurance claim has been filed with a group\ninsurer, all information relevant to the claim, to the extent such\ninformation is available, including but not limited to, payments by the\nprogram concerning accidents, damages and injuries; and\n  (iii) For purposes of article fifty-one of the insurance law, 11 NYCRR\nPart 65 and general liability claims, notice to the shared vehicle\nowner, shared vehicle driver, peer-to-peer car sharing program\nadministrator, or any insurer of the shared vehicle owner, shared\nvehicle driver, or peer-to-peer car sharing program administrator of any\nclaim shall be deemed notice to all appropriate parties and insurers.\nAny shared vehicle owner, shared vehicle driver, peer-to-peer car\nsharing program administrator, or any insurer of the shared vehicle\nowner, shared vehicle driver, or peer-to-peer car sharing program\nadministrator receiving such notice shall provide such notice to all\nappropriate parties.\n  (d) ensure that the shared vehicle owner and shared vehicle driver are\ngiven reasonable notice prior to the first use or operation of a shared\nvehicle pursuant to a peer-to-peer car sharing program agreement that:\n  (i) during the peer-to-peer car sharing period, the shared vehicle\nowner's policy of liability insurance or other motor vehicle insurance\nmay exclude any and all coverage afforded under the policy, provided the\nshared vehicle owner's insurer notified its insured that it shall have\nno duty to indemnify or defend any person or entity for liability for\nany loss, death, or injury that occurs during the peer-to-peer car\nsharing period; and\n  (ii) any insurance or physical damage protection offered pursuant to\nparagraph (b) of subdivision two of this section or section three\nthousand four hundred fifty-eight of the insurance law, shall not be\nvalid or collectible for damages, losses, deaths, or injuries that occur\noutside of the peer-to-peer car sharing period.\n  (e) ensure that the shared vehicle owner acknowledges upon or before\nenrollment in a peer-to-peer car sharing program, and is notified in\nplain conspicuous language before each car sharing period, that state\nlaw may impose liability for injuries to person or property resulting\nfrom the negligence in the use or operation of the shared vehicle by\nshared vehicle drivers for judgments exceeding the coverage limits of\ninsurance in effect during the car sharing period. The subsequent notice\nrequired under this subsection may be provided electronically, including\nby electronic mail and hyperlink to a website explaining insurance\ncoverages and vicarious liability or other substantially similar means\nof notice.\n  5. At the time a vehicle is enrolled in the peer-to-peer car sharing\nprogram, the peer-to-peer car sharing program administrator shall file\nwith the commissioner of motor vehicles, in such form and manner as such\ncommissioner may require, a statement identifying the shared vehicle and\nproof of a group policy applicable to such shared vehicle pursuant to\nsection three thousand four hundred seven of the insurance law. The\ncommissioner of motor vehicles shall identify the vehicle as enrolled in\nthe peer-to-peer car sharing program and provide proof of a group policy\napplicable to such shared vehicle pursuant to the insurance law in such\nvehicle or registration record in a manner accessible to the public.\nFailure of a peer-to-peer car sharing program administrator to comply\nwith the provisions of this article may result in penalties.\n  6. (a) Except as provided in paragraph (b) of this subdivision, a\ngroup policy maintained by a program shall be placed with an insurer\nauthorized to write insurance in this state.\n  (b) If a program is unable to purchase a group policy because such\ninsurance is unavailable from authorized insurers, the program may\nacquire such group insurance with an excess line broker pursuant to\nsection two thousand one hundred eighteen of the insurance law;\n  (c) The obligation to determine whether the insurance required by this\nsection is unavailable from insurers authorized to write insurance in\nthis state shall be made prior to the initial placement and at each\nrenewal of a policy.\n  (d) Compliance with the excess line statutes and regulations of this\nstate shall be performed with respect to the group as a whole and not\nwith respect to individual group members.\n  (e) A group policy provided for in this section shall not include a\nmandatory arbitration clause in a policy issued pursuant to this\nsection. Nothing in this section supersedes the mandatory arbitration\nrequirements contained in section five thousand one hundred five of the\ninsurance law.\n  7. A peer-to-peer car sharing program administrator shall, upon\nentering into a peer-to-peer car sharing agreement with a shared vehicle\nowner and prior to the shared vehicle owner making a shared vehicle\navailable for sharing in the program, provide notice in plain\nconspicuous language to the shared vehicle owner that he or she may need\nadditional insurance coverage including motor vehicle physical damage\ncoverage as described in paragraph nineteen of subsection (a) of section\none thousand one hundred thirteen of the insurance law if the shared\nvehicle is subject to a lease or loan. A program shall also post this\nnotice on its website in a prominent place and provide contact\ninformation for the department of financial services.\n  8. For each peer-to-peer car sharing period, a peer-to-peer car\nsharing program administrator shall:\n  (a) either provide the shared vehicle owner with additional liability\ninsurance or provide the shared vehicle owner with the opportunity to\npurchase additional liability insurance pursuant to subparagraph (A) of\nparagraph one of subsection (d) of section two thousand one hundred\nthirty-one of the insurance law; and\n  (b) either provide the shared vehicle driver with additional liability\ninsurance or provide the shared vehicle driver with the opportunity to\npurchase additional liability insurance pursuant to subparagraph (A) of\nparagraph one of subsection (d) of section two thousand one hundred\nthirty-one of the insurance law.\n  9. For each peer-to-peer car sharing period, a peer-to-peer car\nsharing administrator may offer the shared vehicle owner or the shared\ndriver the opportunity to purchase additional insurance coverages\ndescribed in subparagraph (B), (C) or (D) of paragraph one of subsection\n(d) of section two thousand one hundred thirty-one of the insurance law.\n