Required disclosures in car-sharing program agreements

Each car-sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver: (1) Any right of the peer-to-peer car-sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car-sharing program resulting from a breach of the terms and conditions of the car-sharing program agreement; (2) That a motor vehicle liability insurance policy issued 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 car-sharing program; (3) That the peer-to-peer car-sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car-sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car-sharing termination time or use by a driver not disclosed in the car-sharing program agreement, the shared vehicle driver and the shared vehicle owner may not have insurance coverage; (4) The daily rate, fees, 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 specifically exclude or otherwise 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; and (7) If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to reserve or use a shared motor vehicle. 147 40-1-228 MOTOR VEHICLES & TRAFFIC 40-1-230 History. Code 1981, § 40-1-228, enacted by Ga. L. 2020, p. 310, § 2/HB 337. 40-1-229. Requirements for drivers in peer-to-peer car-sharing program; record keeping. (a) A peer-to-peer car-sharing program may not enter into a carsharing program agreement with a driver unless the driver who will operate the shared vehicle: (1) Holds a driver’s license issued under Code Section 40-5-28 that authorizes the driver to operate vehicles of the class of the shared vehicle; (2) Is a nonresident who: (A) Has a driver’s license issued by the state or country of such driver’s residence that authorizes such driver in that state or country to drive vehicles of the class of the shared vehicle; and (B) Is at least the same age as that required of a Georgia resident to drive; or (3) Otherwise is specifically authorized by the Department of Driver Services to drive vehicles of the class of the shared vehicle. (b) A peer-to-peer car-sharing program shall keep a record of the: (1) Name and address of the shared vehicle driver; (2) Driver’s license number of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and (3) Date and place of issuance of the driver’s license. History. Code 1981, § 40-1-229, enacted by Ga. L. 2020, p. 310, § 2/HB 337. 40-1-230. Vehicle equipment.