(1) As used in KRS § 365.520 to KRS § 365.528, unless the context requires otherwise:
(a) “Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement;
(b) “Car sharing period” means the period of time that commences with the following and ends at the car sharing termination time:
1. The car sharing delivery period; or
2. If there is no car sharing delivery period, the car sharing start time; (c) “Car sharing program agreement”:
1. 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 car sharing program; and
2. Does not include rental or lease agreements entered with persons operating under a U-Drive-It certificate as defined in KRS § 281.010;
(d) “Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin, as documented in the records of a peer-to-peer car sharing program;
(e) “Car sharing termination time” means the earliest of the following:
1. The expiration of the agreed-upon period of time established for use of a shared vehicle according to the terms of a car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
2. When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program, which alternatively agreed upon location shall be incorporated into the car sharing program agreement; or
3. When the shared vehicle owner takes possession and control of the shared vehicle;
(f) “Peer-to-peer car sharing”:
1. Means the authorized use of a motor vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program; and
2. Does not:
a. Include the operation of a U-Drive-It as defined in KRS § 281.010;
or
b. Involve the sale or provision of rental vehicle insurance as defined in KRS § 304.9-020;
(g) “Peer-to-peer car sharing program”:
1. Means a business platform that connects shared vehicle owners with
shared vehicle drivers to enable the sharing of motor vehicles for financial consideration; and
2. Does not include a:
a. U-Drive-It as defined in KRS § 281.010;
b. Motor vehicle renting company as defined in KRS § 281.687;
c. Rental vehicle agent as defined in KRS § 304.9-020; or
d. Service provider that is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle;
(h) “Shared vehicle”:
1. Means a motor vehicle that is available for car sharing through a peer- to-peer car sharing program; and
2. Does not include a motor vehicle leased or rented by a person operating under a U-Drive-It certificate as defined in KRS § 281.010;
(i) “Shared vehicle driver” means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement; and
(j) “Shared vehicle owner”:
1. Means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program; and
2. Does not include a:
a. Person operating a U-Drive-It as defined in KRS § 281.010;
b. Motor vehicle renting company as defined in KRS § 281.687; or c. Rental vehicle agent as defined in KRS § 304.9-020.
(2) A peer-to-peer car sharing program doing business in this state shall comply with
KRS § 365.522 and KRS § 365.524
Effective: January 1, 2023
History: Created 2022 Ky. Acts ch. 153, sec. 7, effective January 1, 2023.