N.Y. Gen. Bus. Law § 902

* § 902. Requirements for doing business. 1. No shared vehicle shall\nbe classified 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, during each peer-to-peer car\nsharing period for each shared vehicle that it facilitates the use of,\nshall maintain insurance that provides financial responsibility coverage\nas follows:\n (a) 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 (b) maintain additional insurance against loss from the liability\nimposed by law for damages during the car sharing period, including\ndamages for care and loss of services, because of bodily injury to or\ndeath of any person and injury to or destruction of property arising out\nof the ownership, maintenance, use or operation of a specific personal\nvehicle or vehicles within the state, or elsewhere in the United States\nor Canada, subject to a limit, exclusive of interest and costs, with\nrespect to each such occurrence, of at least one million two hundred\nfifty thousand dollars because of bodily injury to or death of any\nperson, and injury to or destruction of property; and\n (c) provide coverage in accordance with subsection (f) of section\nthree thousand four hundred twenty of the insurance law, providing\nsupplementary uninsured/underinsured motorist insurance for bodily\ninjury, subject to a limit per occurrence in the amount of one million\ntwo hundred fifty thousand dollars because of bodily injury or death of\nany person.\n (d) the insurance required under this subdivision need not be\ncoterminous with the registration period of the shared vehicle insured.\n (e) 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 or any\ninsurer of the shared vehicle owner, shared vehicle driver, or\npeer-to-peer car sharing program of any claim shall be deemed notice to\nall appropriate parties and insurers. Any shared vehicle owner, shared\nvehicle driver, peer-to-peer car sharing program or any insurer of the\nshared vehicle owner, shared vehicle driver, or peer-to-peer car sharing\nprogram 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 on the shared\nvehicle, shared vehicle owner, and shared vehicle driver pursuant to\nthis article. Provided that the peer-to-peer car sharing program's group\nliability insurance policy shall be primary during each car sharing\nperiod, pursuant to section nine hundred three of this chapter, nothing\nshall be deemed to preclude an insurer from providing excess or umbrella\ncoverage for the shared vehicle owner or shared vehicle driver if such\nshared vehicle owner or shared vehicle driver chooses to do so by\ncontract or endorsement.\n 4. A peer-to-peer car sharing program shall, during each peer-to-peer\ncar sharing period for each shared vehicle that it facilitates the use\nof, 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 or any\ninsurer of the shared vehicle owner, shared vehicle driver, or\npeer-to-peer car sharing program of any claim shall be deemed notice to\nall appropriate parties and insurers. Any shared vehicle owner, shared\nvehicle driver, peer-to-peer car sharing program or any insurer of the\nshared vehicle owner, shared vehicle driver, or peer-to-peer car sharing\nprogram 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 personal motor vehicle liability insurer may exclude any and all\ncoverage afforded under its policy, provided the shared vehicle owner's\ninsurer notified its insured that it shall have no duty to indemnify or\ndefend any person or organization for liability for any loss that occurs\nduring the peer-to-peer car sharing period; and\n (ii) any insurance or physical damage protection offered pursuant to\nparagraph (b) of subdivision two of this section or subsection (e) of\nsection three thousand four hundred fifty-eight of the insurance law,\nshall not be valid or collectible for damages or losses 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 platform shall file with the\ncommissioner 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 platform to comply with the\nprovisions of this article may result in penalties which may include\nsuspension or revocation of license as provided by law.\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 and surplus line statutes and\nregulations of this state shall be performed with respect to the group\nas a whole and not with 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 shall, upon entering into a\npeer-to-peer car sharing agreement with a shared vehicle owner and prior\nto the shared vehicle owner making a shared vehicle available for\nsharing in the program, provide notice in plain conspicuous language to\nthe shared vehicle owner that he or she may need additional insurance\ncoverage including motor vehicle physical damage coverage as described\nin paragraph nineteen of subsection (a) of section one thousand one\nhundred thirteen of the insurance law if the shared vehicle is subject\nto a lease or loan. A program shall also post this notice on its website\nin a prominent place and provide contact information for the department\nof financial services.\n * NB Effective March 22, 2022\n