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Bill > SB355
OK SB355
OK SB355Motor vehicles; creating Peer-to-Peer Car Sharing Program Act; requiring assumption of liability for certain losses or injuries. Effective date.
summary
Introduced
02/01/2021
02/01/2021
In Committee
04/07/2021
04/07/2021
Crossed Over
03/10/2021
03/10/2021
Passed
04/22/2021
04/22/2021
Dead
Signed/Enacted/Adopted
04/27/2021
04/27/2021
Introduced Session
2021 Regular Session
Bill Summary
An Act relating to motor vehicles; creating the Peer- to-Peer Car Sharing Program Act; providing short title; defining terms; requiring assumption of liability for certain losses or injuries; providing for actions resulting in nonliability; providing for minimum compulsory insurance coverage; stating certain parties charged with maintaining insurance coverage; requiring certain primary insurance coverage; requiring program assume certain primary liability; providing for indemnification; requiring certain coverage and duty to defend; providing exceptions; requiring certain nondependence on other insurers; disallowing certain limits to liability and contracting; allowing for certain indemnification; providing for certain notice; making certain exclusions; allowing for certain insurance policy exclusions; requiring collection and verification of certain records; requiring retention of records; exempting owner from vicarious liability; providing for right to seek contribution; requiring certain insurable interest; providing for certain nonliability; allowing program to maintain certain policy coverages; requiring certain disclosures; stating certain requirements of car sharing program agreement; requiring certain recordkeeping; stating certain party responsibilities and requirements; stating certain requirements of programs and owners; requiring verification of safety recalls; providing for certain nonuse of car; requiring certain notice; specifying no affect to certain taxability; providing for timeliness of certain notice or disclosure; stating certain requirements of certain agreement; providing for certain valid forms of acceptance; specifying period acceptance is valid; making certain notice exemptions; requiring certain agreement for airports; allowing for certain injunction; requiring certain reasonable applications; stating certain provider duties and records; amending 47 O.S. 2011, Section 8-101, which relates to owners of for-rent vehicles financial responsibility; providing for nonapplicability to peer-to-peer vehicles; amending 47 O.S. 2011, Section 8-102, which relates to owner of for-rent vehicle liability; providing for nonapplicability to peer-to-peer vehicles; amending 47 O.S. 2011, Section 8-103, which relates to renting a motor vehicle to another; providing for nonapplicability to peer-to-peer vehicles; amending 47 O.S. 2011, Section 11-902b, as amended by Section 1, Chapter 74, O.S.L. 2014 (47 O.S. Supp. 2020, Section 11-902b), which relates to the forfeiture of a motor vehicle; providing for nonapplicability to peer-to-peer vehicles; amending Section 3, Chapter 208, O.S.L. 2018, as amended by Setion 2, Chapter 29, O.S.L. 2020 (47 O.S. Supp. 2020, Section 1112.3), which relates to documentation required in possession or in vehicle; requiring copy of peer-to-peer car sharing program agreement be in possession; amending 47 O.S. 2011, Section 1120.1, which relates to entry into International Registration Plan or other compacts; providing for nonapplicability to peer-to- peer vehicles; amending 68 O.S. 2011, Section 2105, as last amended by Section 11, Chapter 229, O.S.L. 2017 (68 O.S. Supp. 2020, Section 2105), which relates to exemptions; providing for nonapplicability to peer-to-peer vehicles; amending 68 O.S. 2011, Section 2110, as amended by Section 5, Chapter 316, O.S.L. 2012 (68 O.S. Supp. 2020, Section 2110), which relates to rental tax; clarifying certain tax on peer-to-peer car sharing program agreements; providing for codification; and providing an effective date.
AI Summary
This bill creates the Peer-to-Peer Car Sharing Program Act, which defines and regulates the new industry of peer-to-peer car sharing. The key provisions are:
1. The bill defines terms like "peer-to-peer car sharing," "peer-to-peer car sharing program," and "shared vehicle."
2. It requires the peer-to-peer car sharing program to assume liability for bodily injury or property damage to third parties during the car sharing period, with some exceptions.
3. It mandates that the shared vehicle owner and driver must be insured under a motor vehicle liability insurance policy that meets the state's minimum coverage requirements, with the insurance being primary during the car sharing period.
4. It allows insurers to exclude coverage for claims related to peer-to-peer car sharing under the shared vehicle owner's policy.
5. It requires the peer-to-peer car sharing program to collect and retain records related to the car sharing transactions.
6. It exempts the peer-to-peer car sharing program and shared vehicle owner from vicarious liability consistent with federal law.
7. It provides that the peer-to-peer car sharing program has an insurable interest in the shared vehicle during the car sharing period.
8. It includes various other requirements and disclosures for the peer-to-peer car sharing programs and agreements.
The bill also amends existing state laws related to rental vehicle taxes and financial responsibility to exclude peer-to-peer car sharing from their applicability.
Committee Categories
Business and Industry
Sponsors (4)
Last Action
Approved by Governor 04/27/2021 (on 04/27/2021)
Official Document
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