N.Y. General Business Law 909 – Safety recalls
§ 909. Safety recalls. 1. At the time when a shared vehicle owner registers a shared vehicle in a peer-to-peer car sharing program, and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing in the peer-to-peer car sharing program, and no less than annually thereafter, the peer-to-peer car sharing program administrator shall:
Terms Used In N.Y. General Business Law 909
- 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
- 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
(a) verify that the shared vehicle is not subject to any open safety recalls appearing on the National Highway Traffic Safety Administration recall database created under 49 C.F.R. § 573.15 for which the recall repair has not been made and shall not permit a shared vehicle to be shared in a peer-to-peer car sharing program unless the vehicle recall repair has been made; and
(b) notify such shared vehicle owner of the requirements under subdivision two of this section.
2. (a) If the shared vehicle owner has received notice of a safety recall on a shared vehicle, before it is enrolled in a peer-to-peer car sharing program such shared vehicle owner shall not make such vehicle available as a shared vehicle in a peer-to-peer car sharing program until the necessary safety recall repair has been made.
(b) If a shared vehicle owner has received notice of a safety recall on a shared vehicle while the shared vehicle is available on a peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle from such peer-to-peer car sharing program, as soon as practicable, and in no case longer than seventy-two hours after receipt of such notice, and it shall not be made available thereafter until the necessary repairs under the safety recall shall have been completed.
(c) If a shared vehicle owner has received notice of a safety recall on a shared vehicle while such shared vehicle is in the possession of a shared vehicle driver, the shared vehicle owner shall notify the peer-to-peer car sharing program administrator about the safety recall as soon as practicable, and in no case longer than forty-eight hours after receipt of such notice, so that the shared vehicle driver can be notified and the shared vehicle can be removed from the peer-to-peer car sharing program until the necessary safety recall repair has been made.
(d) A shared vehicle owner shall not enroll a vehicle in a peer-to-peer car sharing program unless such vehicle has been issued a valid safety inspection in compliance with Article five of the vehicle and traffic law. A peer-to-peer car sharing program administrator shall not permit a vehicle to be shared unless the shared vehicle owner has furnished proof to the program of such safety inspection in compliance with Article five of the vehicle and traffic law within the preceding twelve months.