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N.Y. Gen. Bus. Law § 909

Safety recalls

Redline — January 1, 2022 → current.View current text →
Current — January 1, 2023
As of January 1, 2022
* § 909. Responsibility for equipment. A peer-to-peer car sharing\nprogram shall have sole responsibility for any equipment, such as a\nglobal positioning system, or GPS, or other special equipment which is\nput in or on such vehicle to monitor or facilitate the peer-to-peer car\nsharing transaction, and shall agree to indemnify and hold harmless the\nshared vehicle owner for any damage to or theft of such equipment during\nthe peer-to-peer car sharing period not caused by such shared vehicle\nowner. There shall be a rebuttable presumption that damage claimed\nduring the peer-to-peer car sharing period was not caused by the shared\nvehicle owner. The peer-to-peer car sharing program shall have the right\nto seek indemnity from the shared vehicle driver for any loss or damage\nto such equipment that shall occur during the peer-to-peer car sharing\nperiod.\n * NB Effective March 22, 2022\n
§ 909. Safety recalls. 1. At the time when a shared vehicle owner\nregisters a shared vehicle in a peer-to-peer car sharing program, and\nprior to the time when the shared vehicle owner makes a shared vehicle\navailable for car sharing in the peer-to-peer car sharing program, and\nno less than annually thereafter, the peer-to-peer car sharing program\nadministrator shall:\n (a) verify that the shared vehicle is not subject to any open safety\nrecalls appearing on the National Highway Traffic Safety Administration\nrecall database created under 49 C.F.R. 573.15 for which the recall\nrepair has not been made and shall not permit a shared vehicle to be\nshared in a peer-to-peer car sharing program unless the vehicle recall\nrepair has been made; and\n (b) notify such shared vehicle owner of the requirements under\nsubdivision two of this section.\n 2. (a) If the shared vehicle owner has received notice of a safety\nrecall on a shared vehicle, before it is enrolled in a peer-to-peer car\nsharing program such shared vehicle owner shall not make such vehicle\navailable as a shared vehicle in a peer-to-peer car sharing program\nuntil the necessary safety recall repair has been made.\n (b) If a shared vehicle owner has received notice of a safety recall\non a shared vehicle while the shared vehicle is available on a\npeer-to-peer car sharing program, the shared vehicle owner shall remove\nthe shared vehicle from such peer-to-peer car sharing program, as soon\nas practicable, and in no case longer than seventy-two hours after\nreceipt of such notice, and it shall not be made available thereafter\nuntil the necessary repairs under the safety recall shall have been\ncompleted.\n (c) If a shared vehicle owner has received notice of a safety recall\non a shared vehicle while such shared vehicle is in the possession of a\nshared vehicle driver, the shared vehicle owner shall notify the\npeer-to-peer car sharing program administrator about the safety recall\nas soon as practicable, and in no case longer than forty-eight hours\nafter receipt of such notice, so that the shared vehicle driver can be\nnotified and the shared vehicle can be removed from the peer-to-peer car\nsharing program until the necessary safety recall repair has been made.\n (d) A shared vehicle owner shall not enroll a vehicle in a\npeer-to-peer car sharing program unless such vehicle has been issued a\nvalid safety inspection in compliance with article five of the vehicle\nand traffic law. A peer-to-peer car sharing program administrator shall\nnot permit a vehicle to be shared unless the shared vehicle owner has\nfurnished proof to the program of such safety inspection in compliance\nwith article five of the vehicle and traffic law within the preceding\ntwelve months.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.