An Act To Enact Laws Governing Private Vehicle Rentals
Maine Legislature, Session 129, LD 1615
Committee Amendment CA_A_H540 (House)

COMMITTEE AMENDMENT .. jJ,, to H.P. 1167, L.D. 1615, Bill, "An Act To 
Enact Laws Governing Private Vehicle Rentals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enact the Peer-to-peer Car Sharing Insurance Act' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 24-A MRSA c. 95 is enacted to read: 
CHAPTER95 
PEER-TO-PEER CAR SHARING INSURANCE ACT 
§7401. Short title 
This chapter may be known and cited as "the PeeHo-peer Car Sharing Insurance 
Act." 
§7402. Definitions 
As used in this chapter. unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Car sharing delivery period. "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. 
2. Car sharing period. "Car sharing period" means the time period that commences 
with the car sharing delivery period or, if there is no delivery period, that commences 
with the car sharing start time and in either case ends at the car sharing termination time. 
3. Car sharing program agreement. "Car sharing program agreement" means an 
agreement describing 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 program. 
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4. Car sharing start time. "Car sharing start time" means the time when a shared 
vehicle becomes subject to the control of a shared vehicle driver. which must be at or 
after the time the reservation of the shared vehicle is scheduled to begin as documented in 
the records of a program. 
5. Car sharing termination time. "Car sharing termination time" means the time of 
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 car sharing program 
agreement: 
B. 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 
program: and 
C. When the shared vehicle owner or the shared vehicle owner's authorized designee 
takes possession and control of the shared vehicle. 
6. Insurer. "Insurer" means an insurer authorized to transact business in this State 
or an insurer that is authorized as a surplus lines insurer. 
7. Motor vehicle. "Motor vehicle" has the same meaning as in Title 29-A, section 
101. subsection 42. 
8. Peer-to-peer car sharing. "Peer-to-peer car sharing" means the authorized use of 
a motor vehicle by an individual other than the registered owner through a program. 
9. 
Peer-to-peer car sharing program; program. 
"Peer-to-peer car sharing 
program" or "program" means a business platform that. digitally or otherwise. connects 
registered owners of motor vehicles with individuals to enable the sharing of motor 
vehicles for financial consideration. 
10. Provider. "Provider" means a person that facilitates peer-to-peer car sharing 
through the ownership and operation of a peer-to-peer car sharing program. 
11. Shared vehicle. "Shared vehicle" means a motor vehicle that is: 
A. Available for sharing through a peer-to-peer car sharing program: 
B. 
Used nonexclusively for peer-to-peer car sharing pursuant to a car sharing 
program agreement: and 
C. Used by the shared vehicle owner for personal use outside of peer-to-peer car 
sharing. 
12. Shared vehicle driver. "Shared vehicle driver" means an individual authorized 
to use a shared vehicle. 
13. Shared vehicle owner. "Shared vehicle owner" means the registered owner of a 
shared vehicle. 
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COMMITTEE AMENDMENT "A" to H.P. 1167, L.D. 1615 
§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. 
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. 
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. 
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) 
Liability coverage in an amount not less than 3 times the minimum 
requirements for liability in Title 29-A. section 1605: and 
(2) 
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 to the same extent that 
coverage for physical loss is provided under the shared vehicle owner's policy: 
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: 
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 
D. Cooperate in a claims coverage investigation to facilitate the exchange ofrelevant 
information with directly involved parties and any insurer of a shared vehicle owner 
or a shared vehicle driver participating in a program. 
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. 
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§7404. Liability provisions 
1. Provider liable as if owner. Notwithstanding any provision of law to the 
contrary or any provision in a motor vehicle insurance policy. in the event a loss or injury 
occurs during a car sharing period or while a motor vehicle is under the control of a 
provider, the provider is deemed the owner of the motor vehicle under Title 29-A. section 
1652 and any provision of law that may impose liability upon the owner of a motor 
vehicle solely based on ownership of the motor vehicle. The provider retains liability 
regardless of any lapse in the provider's policy or whether that liability is covered under 
the provider's policy or any other insurance policy under which the provider is insured. 
2. Indemnification. In the event that the shared vehicle owner or the shared vehicle 
owner's insurer is named as a defendant in a civil action for a loss or injury that occurs 
during any time within the car sharing period or when the motor vehicle is under the 
control of the provider, the provider's insurer has the duty to defend and indemnify the 
shared vehicle owner and the shared vehicle owner's insurer. 
§7405. Insurance for peer-to-peer car sharing programs 
1. Authorization for liability and property and casualty insurance. An insurer 
may issue or issue for delivery in this State any policy of liability and property and 
casualty insurance to a provider to insure the provider and any shared vehicle driver or 
authorized operator or occupant of a shared vehicle and any employee, agent or officer of 
the program as long as the policy meets the requirements of this section. 
2. Coordination of insurance. A program policy written in accordance with this 
section is primary with respect to any other insurance available to the shared vehicle 
owner but is secondary with respect to any other insurance available to the shared vehicle 
driver or authorized operator or occupant of the shared vehicle. The policy must comply 
with the requirements of section 7403, subsection 4. 
3. Filing of rates and forms. For the purposes of any insurance policy written in 
accordance with this section, the insurer shall file rates and forms with the superintendent 
for approval. 
4. Identification of insured under the policy. An insurer that issues a policy in 
accordance with this section shall issue the policy in a manner that identifies the provider 
as the named insured. The policy must include a provision that provides coverage without 
prior notice to the insurer for all shared vehicles during the car sharing period and that 
provides coverage for any shared vehicle driver or authorized operator or occupant of a 
shared vehicle as an insured under the policy to the same extent that coverage would be 
provided under a motor vehicle policy issued in accordance with Title 29-A. section 
1605. 
§7406. Enforcement provisions 
1. Investieation and examination by superintendent. The superintendent may 
conduct investigations and examinations of insurers or other persons to enforce the 
provisions of this chapter. Upon request of the superintendent, a person subject to this 
chapter shall make available to the superintendent all accounts, books and records that are 
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necessary to enable the superintendent to determine compliance or noncompliance with 
this chapter. 
2. Enforcement actions. The superintendent may assess civil penalties or take any 
other action permitted under section 12-A against any person who violates any provision 
of this chapter or the superintendent's rules and orders. and nothing in this section may be 
construed as limiting the superintendent's authority to take enforcement action under 
section 12-A in connection with violations of applicable provisions of this Title. 
3. 
Administrative procedures. 
Any person aggrieved by an order of the 
superintendent under this chapter may submit an application for a hearing as provided in 
section 229. upon which the procedures set forth in section 229 apply.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment removes the provisions of Part A 
of the bill, which require private vehicle rentals to comply with the same laws that apply 
to rental vehicles, rental vehicle transactions and rental vehicle companies. 
The amendment replaces the provision relating to insurance requirements for private 
vehicle rentals, using different terminology to describe the practice as peer-to-peer car 
sharing and establishing insurance requirements for peer-to-peer car sharing programs. 
The amendment also sets forth parameters for liability when a loss or injury occurs during 
a car sharing period or while a motor vehicle is under the control of a peer-to-peer car 
sharing program. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/04/19 ~ac 
LD 1615 
LR 1072(02) 
An Act To Enact Laws Governing Private Vehicle Rentals 
Fiscal Note for Bill as Amended by Committee Amendment ,/J,(J/-5'JD) 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor Cost increase - Other Special Revenue Funds 
Any additional costs to the Bureau of Insurance within the Department of Professional and Financial Regulation to 
conduct investigations and examinations of insurers can be absorbed within existing budgeted resources. 
LR1072(02) - Fiscal Note - Page 1 of 1