N.Y. General Business Law § 909: Safety recalls

§ 909. Safety recalls. 1. At the time when a shared vehicle owner

registers a shared vehicle in a peer-to-peer car sharing program, and

prior to the time when the shared vehicle owner makes a shared vehicle

available for car sharing in the peer-to-peer car sharing program, and

no less than annually thereafter, the peer-to-peer car sharing program

administrator shall:

(a) verify that the shared vehicle is not subject to any open safety

recalls appearing on the National Highway Traffic Safety Administration

recall database created under 49 C.F.R. 573.15 for which the recall

repair has not been made and shall not permit a shared vehicle to be

shared in a peer-to-peer car sharing program unless the vehicle recall

repair has been made; and

(b) notify such shared vehicle owner of the requirements under

subdivision two of this section.

2. (a) If the shared vehicle owner has received notice of a safety

recall on a shared vehicle, before it is enrolled in a peer-to-peer car

sharing program such shared vehicle owner shall not make such vehicle

available as a shared vehicle in a peer-to-peer car sharing program

until the necessary safety recall repair has been made.

(b) If a shared vehicle owner has received notice of a safety recall

on a shared vehicle while the shared vehicle is available on a

peer-to-peer car sharing program, the shared vehicle owner shall remove

the shared vehicle from such peer-to-peer car sharing program, as soon

as practicable, and in no case longer than seventy-two hours after

receipt of such notice, and it shall not be made available thereafter

until the necessary repairs under the safety recall shall have been

completed.

(c) If a shared vehicle owner has received notice of a safety recall

on a shared vehicle while such shared vehicle is in the possession of a

shared vehicle driver, the shared vehicle owner shall notify the

peer-to-peer car sharing program administrator about the safety recall

as soon as practicable, and in no case longer than forty-eight hours

after receipt of such notice, so that the shared vehicle driver can be

notified and the shared vehicle can be removed from the peer-to-peer car

sharing program until the necessary safety recall repair has been made.

(d) A shared vehicle owner shall not enroll a vehicle in a

peer-to-peer car sharing program unless such vehicle has been issued a

valid safety inspection in compliance with article five of the vehicle

and traffic law. A peer-to-peer car sharing program administrator shall

not permit a vehicle to be shared unless the shared vehicle owner has

furnished proof to the program of such safety inspection in compliance

with article five of the vehicle and traffic law within the preceding

twelve months.