N.Y. General Business Law 917 – Electronic notice authorized
§ 917. Electronic notice authorized. 1. Notwithstanding any other provision of this article, and the peer-to-peer car sharing act, including, without limitation, sections two thousand three hundred five, three thousand four hundred fifty-nine, three thousand four hundred sixty, and five thousand one hundred six of the insurance law, any notice, statement, certificate, or disclosure of general applicability required to be provided, delivered, posted, or otherwise made available by a peer-to-peer car sharing program administrator pursuant to any provision of this article, and the peer-to-peer car sharing act, including, without limitation, sections two thousand three hundred five, three thousand four hundred fifty-nine, three thousand four hundred sixty, and five thousand one hundred six of the insurance law, shall also be deemed timely and effectively made where such notice, statement, certificate or disclosure is provided or delivered electronically to the shared vehicle owner and/or driver at or before the time required, provided that such shared vehicle owner and/or driver has given his or her express consent to receive such notice or disclosure in such a manner.
Terms Used In N.Y. General Business Law 917
- 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
2. Electronic or written acceptance shall hereby be deemed a valid form of acceptance of any such notice, statement, certificate, or disclosure, and acceptance shall remain effective until such time as acceptance is affirmatively withdrawn by such shared vehicle driver. Notices, statements, certificates, and disclosures made electronically pursuant to this subdivision shall be exempt from any placement or stylistic display requirements, including but not limited to location, font size, typeset, or other specifically stated description; provided such disclosure is made in a clear and conspicuous manner.