N.Y. General Business Law 900 – Definitions
§ 900. Definitions. As used in this article, the following terms shall have the following meanings:
Terms Used In N.Y. General Business Law 900
- 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
- agreement: shall mean the terms and conditions that govern the use of a shared vehicle through a peer-to-peer car sharing program. See N.Y. General Business Law 900
- car sharing period: shall mean the period of time that shall commence with the peer-to-peer car sharing delivery period or, if there is no peer-to-peer car sharing delivery period, the period of time that shall commence with the peer-to-peer car sharing start time and, in either case, shall end at the peer-to-peer car sharing termination time. See N.Y. General Business Law 900
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Peer-to-peer car sharing delivery period: shall mean the period of time during which a shared vehicle is being delivered to the location of the peer-to-peer car sharing start time, if applicable, as documented by the governing peer-to-peer car sharing program agreement. See N.Y. General Business Law 900
- Peer-to-peer car sharing start time: shall mean the time when the shared vehicle becomes subject to possession or the control of the shared vehicle driver at, or after, the time the peer-to-peer car sharing period is scheduled to begin as documented in the records of a peer-to-peer car sharing program administrator. See N.Y. General Business Law 900
- Peer-to-peer car sharing termination time: shall mean the earliest of the following events:
(a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the peer-to-peer car sharing program agreement;
(b) 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; or
(c) when the shared vehicle owner or the shared vehicle owner's authorized designee takes possession or control of the shared vehicle. 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
1. "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.
2. "Peer-to-peer car sharing program" or "program" means a program that facilitates the use or operation of a shared vehicle by a shared vehicle driver.
3. "Peer-to-peer car sharing program administrator" or "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.
4. "Peer-to-peer car sharing program agreement" or "agreement" shall mean the terms and conditions that govern the use of a shared vehicle through a peer-to-peer car sharing program.
5. "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.
6. "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.
7. "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.
8. "Peer-to-peer car sharing delivery period" shall mean the period of time during which a shared vehicle is being delivered to the location of the peer-to-peer car sharing start time, if applicable, as documented by the governing peer-to-peer car sharing program agreement.
9. "Peer-to-peer car sharing start time" shall mean the time when the shared vehicle becomes subject to possession or the control of the shared vehicle driver at, or after, the time the peer-to-peer car sharing period is scheduled to begin as documented in the records of a peer-to-peer car sharing program administrator.
10. "Peer-to-peer car sharing period" or "car sharing period" shall mean the period of time that shall commence with the peer-to-peer car sharing delivery period or, if there is no peer-to-peer car sharing delivery period, the period of time that shall commence with the peer-to-peer car sharing start time and, in either case, shall end at the peer-to-peer car sharing termination time.
11. "Peer-to-peer car sharing termination time" shall mean the earliest of the following events:
(a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the peer-to-peer car sharing program agreement;
(b) 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; or
(c) when the shared vehicle owner or the shared vehicle owner's authorized designee takes possession or control of the shared vehicle.
12. "Group policy" means an insurance policy issued pursuant to § 3458 of the insurance law.
13. "Motor vehicle" shall:
(a) have the meaning set forth in § 125 of the vehicle and traffic law; and
(b) have a gross weight rating of ten thousand pounds or less.
14. "Optional vehicle protection" shall:
(a) mean a peer-to-peer car sharing program administrator's agreement to contractually assume liability or risk of loss due to physical damage for all or part of any damage or loss to the shared vehicle, any loss of use of the shared vehicle, or any storage, impound, towing or administrative charges for which a shared vehicle driver, or shared vehicle owner may be liable; and
(b) encompass within its meaning other similar terms that may be used in the vehicle renting or sharing industry such as, but not limited to, "collision damage waiver", "CDW", "damage waiver", "loss damage waiver", "LDW", and "physical damage waiver".