For each shared car participating in a car-sharing program agreement, a peer-to-peer car-sharing program shall:

(1) Before the execution of a car-sharing program agreement, provide the shared car owner and shared car driver with the terms and conditions of the car-sharing program agreement;
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Terms Used In Hawaii Revised Statutes 431:10C-807

  • Car-sharing period: means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time. See Hawaii Revised Statutes 431:10C-801
  • Car-sharing program agreement: means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
  • Car-sharing termination time: means the latest of the following events:

    (1) The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;
    (2) When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;
    (3) When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;
    (4) When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;
    (5) When the shared car owner receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or
    (6) When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car. See Hawaii Revised Statutes 431:10C-801
  • 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
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle insurance policy: means an insurance policy that meets the requirements of § 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
  • Peer-to-peer car-sharing: means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
  • Peer-to-peer car-sharing program: means :

    (1) Any person who enables a shared car driver to identify, reserve, or use a shared car owned by a shared car owner; or
    (2) Any person who enables a shared car owner to describe, list, or make available a shared car for identification, reservation, or use by a shared car driver. See Hawaii Revised Statutes 431:10C-801
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Shared car: means a motor vehicle that is registered pursuant to chapter 286 and is not owned; controlled; operated; maintained; or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program; and is available for sharing through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
  • Shared car driver: means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement. See Hawaii Revised Statutes 431:10C-801
  • Shared car owner: means the registered owner of a shared car. See Hawaii Revised Statutes 431:10C-801
(2) Before the execution of a car-sharing program agreement, disclose to the shared car driver, all costs or fees that are charged to the shared car driver under the car-sharing program agreement, including all costs or fees for mandatory insurance coverage charged by the peer-to-peer car-sharing program;
(3) Before the execution of a car-sharing program agreement, disclose to the shared car owner, all costs or fees that are charged to the shared car owner under the car-sharing program agreement, including fees or costs for mandatory insurance coverage charged by the peer-to-peer car-sharing program;
(4) Provide a twenty-four hour emergency telephone number for a person capable of facilitating roadside assistance for the shared car driver;
(5) Disclose any right of the peer-to-peer car-sharing program to seek indemnification from the shared car owner or shared car driver for economic loss sustained by the peer-to-peer car-sharing program caused by a breach of the car-sharing program agreement; provided that the peer-to-peer car-sharing program shall require the shared car owner and shared car driver to specifically and separately acknowledge notice of the disclosure before execution of a car-sharing program agreement;
(6) Disclose that a motor vehicle insurance policy issued to the shared car owner for the shared car or to the shared car driver may not provide a defense or indemnification for any claim asserted by the peer-to-peer car-sharing program; provided that the peer-to-peer car-sharing program shall require the shared car owner and shared car driver to specifically and separately acknowledge notice of the disclosure before execution of a car-sharing program agreement;
(7) Disclose that the peer-to-peer car-sharing program’s insurance coverage of the shared car owner and shared car driver is in effect only during each car-sharing period and that the shared car may not have insurance coverage for use of the shared car by the shared car driver after the car-sharing termination time; provided that the peer-to-peer car-sharing program shall require the shared car owner and shared car driver to specifically and separately acknowledge notice of the disclosure before the execution of a car-sharing program agreement;
(8) Disclose any insurance or protection package costs that are charged to the shared car owner or shared car driver; provided that the peer-to-peer car-sharing program shall require the shared car owner and shared car driver to specifically and separately acknowledge notice of the disclosure before the execution of a car-sharing program agreement;
(9) Disclose to the shared car driver any conditions in which the shared car driver is required to maintain a motor vehicle insurance policy as the primary coverage for the shared car; and
(10) Disclose that a shared car owner shall be permitted to obtain insurance that provides coverage for loss of use of a shared car.

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