Virginia Code 46.2-1414: Consumer protections; disclosures
Each vehicle sharing platform agreement shall disclose to the shared vehicle owner and the shared vehicle driver:
Terms Used In Virginia Code 46.2-1414
- Contract: A legal written agreement that becomes binding when signed.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Peer-to-peer vehicle sharing: means the authorized use of a shared vehicle by a shared vehicle driver through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
- Peer-to-peer vehicle sharing platform: means an online-enabled application, website, or system that connects vehicle owners with drivers to enable the sharing of peer-to-peer shared vehicles for financial consideration. See Virginia Code 46.2-1408
- Shared vehicle: means a motor vehicle that has been made available for sharing through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
- Shared vehicle driver: means an individual who has been authorized to operate a shared vehicle by the shared vehicle owner under a vehicle sharing platform agreement. See Virginia Code 46.2-1408
- Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
- Vehicle sharing period: means the period of time that commences with the vehicle sharing delivery period or, if there is no vehicle sharing delivery period, that commences when the vehicle sharing start time occurs and ends at the vehicle sharing termination time. See Virginia Code 46.2-1408
- Vehicle sharing platform agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
- Vehicle sharing termination time: means the earliest of the following events:
1. See Virginia Code 46.2-1408
1. Any right of the peer-to-peer vehicle sharing platform to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer vehicle sharing platform resulting from a breach of terms and conditions of the vehicle sharing platform agreement;
2. That a motor vehicle liability insurance policy provided by the peer-to-peer vehicle sharing platform to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer vehicle sharing platform;
3. That the peer-to-peer vehicle sharing platform’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each vehicle sharing period and that for any use of the shared vehicle by the shared vehicle driver after the vehicle sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
4. The daily rate, fees, taxes, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
5. That the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle;
6. An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries;
7. That any financial responsibility requirements imposed on the shared vehicle driver as a condition of maintaining a driver’s license remain in effect during the use of a shared vehicle;
8. That the use of the shared vehicle through a peer-to-peer vehicle sharing platform without physical damage coverage may violate the terms of the contract with the lienholder; and
9. That there may not be physical damage coverage under the shared vehicle owner’s policy. However, if the physical damage coverage is purchased from or provided by the peer-to-peer vehicle sharing platform, no such disclosure is required.
2020, c. 1266.