§ 908. Responsibility for equipment. A peer-to-peer car sharing program administrator shall have sole responsibility for any equipment, such as a global positioning system, or GPS, or other special equipment which is put in or on such shared vehicle to monitor or facilitate the peer-to-peer car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the peer-to-peer car sharing period not caused by such shared vehicle owner. There shall be a rebuttable presumption that damage claimed during the peer-to-peer car sharing period was not caused by the shared vehicle owner. The peer-to-peer car sharing program administrator shall have the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that shall occur during the peer-to-peer car sharing period.

Terms Used In N.Y. General Business Law 908

  • administrator: shall mean the corporation, partnership, firm, institution, sole proprietorship or other entity or person that is responsible for operating, facilitating or administering the means, digital or otherwise, by which a business platform facilitates a peer-to-peer car sharing program for financial consideration, but shall not include a person or entity engaged in the business of renting or leasing rental vehicles to be operated upon the public highways for carrying passengers or non-profit or charitable organizations that facilitate peer-to-peer car sharing in exchange for payment of a fee or for financial consideration. See N.Y. General Business Law 900
  • car sharing period: shall mean the period of time that shall commence with the peer-to-peer car sharing delivery period or, if there is no peer-to-peer car sharing delivery period, the period of time that shall commence with the peer-to-peer car sharing start time and, in either case, shall end at the peer-to-peer car sharing termination time. See N.Y. General Business Law 900
  • Peer-to-peer car sharing: shall mean the authorized use of a shared vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See N.Y. General Business Law 900
  • program: means a program that facilitates the use or operation of a shared vehicle by a shared vehicle driver. See N.Y. General Business Law 900
  • Shared vehicle: means a motor vehicle that is available for sharing through a peer-to-peer car sharing program that is both:

    (a) used nonexclusively for peer-to-peer car sharing activity pursuant to a peer-to-peer car sharing program agreement; and

    (b) not otherwise made available by the shared vehicle owner for use as a rental vehicle as defined in § 137-a of the vehicle and traffic law. See N.Y. General Business Law 900
  • Shared vehicle driver: shall mean a driver, as such term is defined by § 113 of the vehicle and traffic law, of a shared vehicle during the sharing period who has been authorized to use such shared vehicle pursuant to a peer-to-peer car sharing program agreement. See N.Y. General Business Law 900
  • Shared vehicle owner: shall mean an owner, as defined in § 128 of the vehicle and traffic law, of a registered shared vehicle made available for use by shared vehicle drivers through a peer-to-peer car sharing program. See N.Y. General Business Law 900
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