N.Y. General Business Law § 913: Optional vehicle protection; requirements

§ 913. Optional vehicle protection; requirements. 1. (a) (i) A

peer-to-peer car sharing program administrator shall not charge a

separately itemized fee solely for optional vehicle protection, except

as follows:

(A) the fee charged by a peer-to-peer car sharing program

administrator shall represent the administrator's good-faith estimate of

a daily charge, as calculated by the administrator, to recover the

actual, total annual expenses, incurred by the administrator, together

with a commercially reasonable allowance for the contractual risks

assumed by the administrator, for the administrator's agreement with

shared vehicle drivers to contractually assume liability for all or part

of any damage or loss to the shared vehicle during the car sharing

period;

(B) if the total amount of optional vehicle protection fees collected

by a peer-to-peer car sharing program administrator under this section

in any calendar year exceeds the administrator's actual costs, the

administrator shall:

(1) retain the excess amount; and

(2) adjust the estimated, average per day optional vehicle protection

fee for the following calendar year by a corresponding amount.

(ii) Nothing in this section shall prevent a peer-to-peer car sharing

program administrator from making adjustment to the optional vehicle

protection fee during the calendar year.

(b) A peer-to-peer car sharing program administrator shall not sell

optional vehicle protection unless the shared vehicle driver or shared

vehicle owner agrees to the purchase of such protection in writing at or

prior to the time the peer-to-peer car sharing agreement is executed.

(c) A peer-to-peer car sharing program administrator shall not void

optional vehicle protection contractually assumed from the shared

vehicle owner except for one or more of the following reasons:

(i) the damage or loss is caused intentionally or as a result of

willful, wanton, or reckless conduct of the shared vehicle driver;

(ii) the damage or loss arises out of the shared vehicle driver's use

or operation of the shared vehicle while intoxicated or unlawfully

impaired by the use of alcohol or drugs;

(iii) the peer-to-peer car sharing program administrator entered into

the peer-to-peer car sharing agreement based on fraudulent or materially

false information supplied by the shared vehicle driver;

(iv) the damage or loss arises out of the use or operation of the

shared vehicle while engaged in the commission of a crime other than a

traffic infraction;

(v) the damage or loss arises out of the use or operation of the

shared vehicle to carry persons or property for hire, as a

transportation network company or TNC vehicle as defined in article

forty-four-B of the vehicle and traffic law, to push or tow anything,

while engaged in a speed contest, operating off-road, or for driver's

training;

(vi) the damage or loss arises out of the use or operation of the

shared vehicle by a person other than: (1) the shared vehicle driver;

(2) the shared vehicle driver's spouse, child over the age of eighteen

or a parent or parent-in-law of the shared vehicle driver, provided such

spouse, child, parent or parent-in-law is properly licensed to operate a

motor vehicle and resides in the same household as the shared vehicle

driver; (3) a parking valet or parking garage attendant for compensation

and in the normal course of employment; (4) any person who uses or

operates the motor vehicle through a program during an emergency

situation to a medical facility; or (5) any person licensed to drive who

expressly is authorized to use or operate the motor vehicle by both the

shared vehicle owner and the peer-to-peer car sharing agreement;

(vii) the damage or loss arises out of the use or operation of the

shared vehicle outside of the United States when that use or operation

is not specifically authorized by the peer-to-peer car sharing

agreement; or

(viii) the shared vehicle driver or his or her spouse, child over the

age of eighteen or a parent or parent-in-law of the shared vehicle

driver have failed to comply with the requirements for reporting damage

or loss as set forth in subdivision four of this section;

(ix) the shared vehicle owner knowingly provided erroneous or

inaccurate information to the peer-to-peer car sharing program

administrator in connection with any reservation for which the shared

vehicle owner has agreed that the peer-to-peer car sharing program will

contractually assume the risk of loss for physical damage to the shared

vehicle;

(x) the shared vehicle owner fails to submit a claim for physical

damage in accordance with the terms and conditions of the peer-to-peer

car sharing program agreement; or

(xi) where the shared vehicle owner fails to make the shared vehicle

available for inspection when a shared vehicle driver or the shared

vehicle driver's insurer requests to inspect the shared vehicle in

accordance with this article.

(d) A shared vehicle driver may void optional vehicle protection prior

to the beginning of the car sharing period within twenty-four hours of

purchase provided that the shared vehicle driver: (i) has entered into a

peer-to-peer car sharing agreement with a term of two or more days; (ii)

appears in person before the shared vehicle owner together with the

shared vehicle that shall be subject to inspection; and (iii) signs a

cancellation form provided by the peer-to-peer car sharing program

administrator.

(e) After twenty-four hours of purchase, a shared vehicle driver may

prospectively terminate optional vehicle protection prior to the

beginning of the car sharing period, provided the shared vehicle driver:

(i) appears in person before the shared vehicle owner together with the

shared vehicle that shall be subject to inspection; (ii) voids the

optional vehicle protection in writing; and (iii) pays the optional

vehicle protection charge for any full or partial day or portion of a

day during which the optional vehicle protection was in effect.

2. Subject to the provisions of subdivisions six, seven, and eight of

this section, a peer-to-peer car sharing program administrator may hold

a shared vehicle driver liable for actual damage to, or loss of, a

shared vehicle, provided that:

(a) any claim for such damage shall be based on a physical inspection

and shall be made upon the return of such shared vehicle; and

(b) any charge for repair of such damage shall be limited to actual

and reasonable costs and shall be assessed and billed separately and

apart from the peer-to-peer car sharing agreement.

3. (a) Any peer-to-peer car sharing program administrator that states

or permits to be stated the costs of a shared vehicle in any

advertisement shall state conspicuously, in plain language and in

conjunction with the advertised cost of the shared vehicle and the daily

rate of the applicable optional vehicle protection, that the rate

constitutes an additional daily charge to the shared vehicle driver,

that the purchase of such protection is optional, if such rate can be

ascertained at the time of purchase and that prospective shared vehicle

drivers should examine their credit card protections and motor vehicle

insurance policies for coverage.

(b) Where a written advertisement, including all print media, contains

the statement of the cost of the shared vehicle, the disclosure required

by this section shall be printed in type no less than size twelve-point

font.

(c) When the website of a peer-to-peer car sharing program

administrator or the video presentation of a television or internet

advertisement by such peer-to-peer car sharing program administrator

contains the written statement of the cost of a shared vehicle, the

depiction of such cost of the optional vehicle protection shall be clear

and conspicuous.

(d) When a radio advertisement or the audio presentation of a

television advertisement contains the statement of the cost of a shared

vehicle, the oral statement of such cost shall immediately be

accompanied by an oral statement of the cost of the optional vehicle

protection if offered as a separately itemized product.

(e) When a telephone, internet or other inquiry for the cost of a

shared vehicle is made to a peer-to-peer car sharing program

administrator that involves an interaction with a representative of a

peer-to-peer car sharing program administrator, the representative of

such peer-to-peer car sharing program administrator shall, in response

to the inquiry, advise that additional optional products that may be

offered by such peer-to-peer car sharing program administrator shall not

be included in the daily rate. If an inquiry is made regarding optional

vehicle protection, the representative shall provide the cost of the

optional vehicle protection and state that the purchase of such

protection is optional and that the shared vehicle driver's personal

motor vehicle insurance or credit card may provide coverage.

(f) Any peer-to-peer car sharing program administrator that offers

optional vehicle protection to a shared vehicle driver shall disclose to

such driver the following information on its website:

"NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS

AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR

SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract

offers, for an additional charge, OVP to cover your financial

responsibility for damage or loss to the shared vehicle. OVP is also

commonly referred to as a "collision damage waiver". The purchase of OVP

is optional and may be declined. Before deciding whether to purchase

OVP, you may wish to determine whether your credit card, or the motor

vehicle insurance maintained by yourself or someone in your household,

affords you any coverage for damage to the shared vehicle, and the

amount of deductible under any such coverage. OVP - WHEN VOID: OVP is

void and shall not apply to the following situations:

1. If the damage or loss is caused as a result of the shared vehicle

driver's intentional acts; willful, wanton, or reckless conduct of the

driver; or the use or operation of the shared vehicle while intoxicated

or unlawfully impaired by the use of alcohol or drugs;

2. The peer-to-peer car sharing program administrator entered into the

peer-to-peer sharing agreement based on fraudulent or materially false

information supplied by the shared vehicle driver;

3. The damage or loss arises out of the use or operation of the shared

vehicle:

(a) while engaged in the commission of a crime, other than a traffic

infraction;

(b) to carry persons or property for hire, as a transportation network

company or TNC vehicle as defined in article forty-four-B of the vehicle

and traffic law, to push or tow anything, while engaged in a speed

contest, operating off road, or for driver's training;

(c) by a person other than: (1) the shared vehicle driver; (2) the

shared vehicle driver's spouse, child over the age of eighteen or a

parent or parent-in-law of the shared vehicle driver, provided such

spouse, child, parent or parent-in-law is properly licensed to operate a

motor vehicle and resides in the same household as the shared vehicle

driver; (3) a parking valet or parking garage attendant for compensation

and in the normal course of employment; (4) any person who uses or

operates the motor vehicle through a program during an emergency

situation to a medical facility; or (5) any person licensed to drive who

expressly is authorized to use or operate the motor vehicle by both the

shared vehicle owner and the peer-to-peer car sharing agreement;

(d) outside of the United States when not specifically authorized by

the peer-to-peer car sharing agreement;

(e) where the shared vehicle driver, or his or her spouse, child over

the age of eighteen or a parent or parent-in-law of such shared vehicle

driver failed to comply with the requirements for reporting damage or

loss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the

shared vehicle sustains damage or loss, the shared vehicle driver is

required to complete and return an incident report notice to the

peer-to-peer car sharing program administrator. OVP - RIGHT TO INSPECT

VEHICLE DAMAGES: The shared vehicle driver and his or her insurer have

the right to request an inspection of the shared vehicle damages within

seventy-two hours of the return of the vehicle. Failure of the shared

vehicle driver or his or her insurer to request such inspection within

seventy-two hours of return shall be deemed a waiver of such person or

entity's right to inspect the damaged vehicle. THEFT OF THE SHARED

VEHICLE: If the shared vehicle is stolen during the term of a

peer-to-peer car sharing agreement, a shared vehicle driver must report

the theft of the shared vehicle to the peer-to-peer car sharing program

administrator and a law enforcement agency within twelve hours of

learning of such theft."

(f) The following disclosure notice shall be made on the face of the

peer-to-peer car sharing agreement either by stamp, label or as part of

the written contract or on any other written document provided to the

shared vehicle driver upon execution of such contract, and shall be set

apart in boldface type and in no smaller print than twelve-point font:

"NOTICE: This agreement offers, for an additional charge, optional

vehicle protection to cover your financial responsibility for damage or

loss to the shared vehicle. The purchase of optional vehicle protection

is optional and may be declined. You are advised to carefully consider

whether to purchase this protection if you have coverage provided by

your credit card or motor vehicle insurance policy that will cover the

shared vehicle. Before deciding whether to purchase optional vehicle

protection, you may wish to determine whether your credit card or your

motor vehicle insurance affords you coverage for damage to the shared

vehicle and the amount of deductible under such coverage."

(g) The peer-to-peer car sharing agreement shall also include in

boldface type and in no smaller print than twelve-point font and, in

plain language, the conditions and exclusions set forth in paragraph (c)

of subdivision one of this section. Upon identification by the shared

vehicle owner or the peer-to-peer car sharing program administrator of

damage to the shared vehicle, such peer-to-peer car sharing program

administrator shall inform such shared vehicle driver of his or her

right to inspect the vehicle, and the procedures and time-frames for

doing so, pursuant to paragraphs (b) and (c) of subdivision five of this

section.

4. (a) Upon identification of damage by the shared vehicle owner or

peer-to-peer car sharing program administrator at the time of return of

the shared vehicle, termination of the peer-to-peer car sharing

agreement, or within ten days if an inspection for damage is precluded

because the shared vehicle is returned by automation, returned

after-hours, or recovered by the shared vehicle owner or peer-to-peer

car sharing program administrator, the peer-to-peer car sharing program

administrator shall furnish an incident report form and a notice,

pursuant to this subdivision, of the obligation of the shared vehicle

driver to execute and return to the peer-to-peer car sharing program

administrator a complete and accurate incident report describing any

physical and/or mechanical damage. If the shared vehicle is returned by

automation, returned after-hours, or recovered by the shared vehicle

owner or peer-to-peer car sharing program administrator, such incident

report form and notice shall be mailed by overnight delivery service or

certified mail, return receipt requested, and another copy of such

notification shall be sent by regular mail. The peer-to-peer car sharing

program administrator shall retain a copy of such notice and the

certified mail return receipt for a period of six years.

(b) Within seventy-two hours of receipt of the incident report form

and notice, either the shared vehicle driver or his or her insurer shall

notify or send notice to the peer-to-peer car sharing program

administrator that either he, she, or the insurer wishes to inspect the

damaged vehicle. If the shared vehicle driver or his or her insurer does

not notify or send a request for this inspection within the

seventy-two-hour period, he, she, or the insurer shall be deemed to have

waived such right.

(c) If the shared vehicle driver shall decline or fail to complete and

return the incident report required pursuant to paragraph (a) of this

subdivision, the peer-to-peer car sharing program administrator shall,

no sooner than ten days after the mailing of notification pursuant to

such paragraph (a), mail another copy of the incident report together

with a letter stating that the shared vehicle driver has declined or

otherwise failed to complete and return the incident report. Such

mailing shall be by overnight delivery service or certified mail, return

receipt requested, and another copy of such notification by regular

mail, with proof of mailing by production of a certificate of mailing

from the post office. When a request to inspect the vehicle shall have

been timely made by the shared vehicle driver or his or her insurer, the

inspection shall be completed within seven days of such request. If the

peer-to-peer car sharing program administrator determines the damaged

vehicle to be a total loss and subject to salvage, such seventy-two hour

period for notification or waiver of the wish to inspect the damaged

vehicle shall not apply, and the shared vehicle driver or his or her

insurer shall have ten business days from the shared vehicle driver's

receipt of notification from the peer-to-peer car sharing program

administrator pursuant to paragraph (a) of this subdivision to inspect

the damaged vehicle, which shall be made available by the shared vehicle

owner. Within the limits provided in this paragraph, the peer-to-peer

car sharing program administrator shall identify the repairer of, and

provide access to, the damaged vehicle, in order to verify the nature

and extent of damages, repairs and repair costs, and/or repair

estimates.

(d) All notices shall be mailed to the address of the shared vehicle

driver as stated on his or her license, or other address as designated

by him or her in the peer-to-peer car sharing agreement.

(e) The shared vehicle driver shall complete and return the incident

report required by paragraph (a) of this subdivision within ten days of

the receipt of the notice required by such paragraph.

(f) The notice required by this subdivision shall be in at least

twelve-point bold face type and shall contain the statement: "Failure to

completely and accurately fill out and return an incident report within

ten days of receipt of this notice may make the shared vehicle driver

liable for damages sustained to the shared vehicle. Except where the

damaged vehicle is determined to be a total loss and subject to salvage,

the shared vehicle driver or his or her insurer has seventy-two hours

from the return or recovery of the vehicle to notify the peer-to-peer

car sharing program administrator that he or she wishes to inspect the

damaged vehicle. The inspection shall be completed within seven business

days of the request to inspect the shared vehicle. If the peer-to-peer

car sharing program administrator does not receive notification from the

shared vehicle driver or his or her insurer requesting such inspection

within the seventy-two-hour period, the shared vehicle driver and his or

her insurer will be deemed to have waived this right. If the

peer-to-peer car sharing program administrator determines the damaged

vehicle to be a total loss and subject to salvage, such seventy-two-hour

period for notification or waiver of the wish to inspect the damaged

vehicle shall not apply, and such right to inspect the damaged vehicle

shall expire ten business days from the shared vehicle driver's receipt

of this notice from the peer-to-peer car sharing company program

administrator. Upon request of the shared vehicle driver or his or her

insurer, we will provide a copy of the professional estimate of the

costs of repairing the damaged motor vehicle." Information that is

provided in response to a request by a peer-to-peer car sharing program

administrator, but that is not provided on an incident report form,

shall satisfy any reporting obligation of a shared vehicle driver if

such response substantially complies with the applicable requirements of

this section. If additional information is reasonably required by the

peer-to-peer car sharing program administrator in order to adjust any

claim of loss, same shall be requested of the shared vehicle driver as

soon as reasonably practicable, who shall respond to same as soon as

reasonably practicable.

(g) (i) For purposes of this subdivision, each of the following shall

constitute an "incident report form":

(A) a motor vehicle accident report pursuant to section six hundred

five of the vehicle and traffic law; or

(B) any similar appropriate form furnished by the peer-to-peer car

sharing program administrator.

(ii) An incident report form described in clause (B) of subparagraph

(i) of this paragraph:

(A) shall be sent or given to a shared vehicle driver with a request

that he or she provide information pursuant to this section concerning

damage to a vehicle possessed by a shared vehicle driver; and

(B) such form may also be made available as a fill-in form on the

peer-to-peer car sharing program administrator's website, and the shared

vehicle driver shall be advised of the availability of such web-based

fill-in form when a request for incident information is made pursuant to

this subdivision.

(h) If the shared vehicle driver is physically incapable of completing

the report, the requirements of this subdivision shall lapse until after

he or she is able to complete the report and is notified that he or she

shall complete and return the report as required by paragraph (b) of

this subdivision.

(i) The peer-to-peer car sharing program administrator shall, at least

twenty days prior to commencing an action against the shared vehicle

driver, provide him or her an additional opportunity to complete and

submit the incident report by providing a second notice, along with

another incident report form, by certified mail, return receipt

requested, and another copy of such notice and report form by regular

mail, with proof of mailing by production of a certificate of mailing.

If such shared vehicle driver sends the peer-to-peer car sharing program

administrator a completed incident report within fifteen days of the

receipt of the notice, the provisions of this subdivision shall be

deemed satisfied.

5. (a) A peer-to-peer car sharing program administrator may hold a

shared vehicle driver liable to the extent permitted under this section

for physical or mechanical damage to the shared vehicle that occurs

during the time the shared vehicle is used or operated under the

peer-to-peer car sharing agreement; provided, however, that a shared

vehicle driver shall not be liable for any normal wear and tear or

mechanical damage that could reasonably be expected from normal use or

operation of the vehicle. For the purposes of this subdivision, the term

"normal wear and tear" shall mean the deterioration of the condition of

the vehicle or its component parts due to repetitive use and does not

include damage that materially diminishes the value of the vehicle and

arises from a specific occurrence or accident during the time the shared

vehicle is subject to the peer-to-peer car sharing agreement; and the

term "actual and reasonable costs" shall mean the cost to repair the

shared vehicle including all discounts and price adjustments available

to the peer-to-peer car sharing program administrator and shall include

costs for towing, storage, and impound fees where applicable.

(b) The total liability of a shared vehicle driver under paragraph (a)

of this subdivision for damage to a shared vehicle shall not exceed the

lesser of:

(i) the actual and reasonable costs that the peer-to-peer car sharing

program administrator incurred to repair the motor vehicle or that the

peer-to-peer car sharing program administrator would have incurred if

the motor vehicle had been repaired, which shall reflect any discounts,

price reductions, or adjustments available to the peer-to-peer car

sharing program administrator; or

(ii) the fair market value of the shared vehicle immediately before

the damage occurred, as determined in the applicable market for the

retail sale of the shared vehicle, less any net disposal proceeds.

(c) The total liability of a shared vehicle driver under paragraph (a)

of this subdivision for loss of a shared vehicle shall not exceed

reasonable costs incurred by the peer-to-peer car sharing program

administrator for such loss due to theft of such shared vehicle up to

its fair market value, as determined by the applicable market for the

retail sale of such vehicle if it is established that such shared

vehicle driver committed, or aided or abetted in the commission of, the

theft of such shared vehicle.

(d) Damages incurred for the loss of use or operation of a shared

vehicle and related administrative fees shall not be recovered from any

shared vehicle driver or his or her insurer.

(e) A peer-to-peer car sharing program administrator shall not hold a

shared vehicle driver liable for any amounts that the peer-to-peer car

sharing program administrator recovers from any other party.

(f) A peer-to-peer car sharing program administrator shall not collect

or attempt to collect the amount described in paragraph (b) of this

subdivision unless the peer-to-peer car sharing program administrator:

(i) obtains an estimate from a repair company or an appraiser in the

business of providing such appraisals regarding the cost of repairing

such shared vehicle;

(ii) provides a copy of such estimate and photographic evidence upon

request to such shared vehicle driver, as applicable who shall be liable

under paragraph (a) of this subdivision, and the insurer of such shared

vehicle driver; and

(iii) submits a copy of such estimate with any claim to collect the

amount described in paragraph (b) of this subdivision.

(g) A claim against a shared vehicle driver resulting from damage or

loss to a shared vehicle shall be reasonable and reflect the value of

the actual damage or loss incurred. A peer-to-peer car sharing program

administrator shall mitigate damages where possible and shall not assert

or collect any claim for physical damage which exceeds the amount

authorized under paragraph (b) of this subdivision.

(h) If insurance coverage exists under an applicable insurance policy

of the shared vehicle driver, such driver may require that the

peer-to-peer car sharing program administrator submit any claims to such

driver's insurance carrier. Upon the request of a shared vehicle driver,

the peer-to-peer car sharing program administrator shall submit any

claims to such driver's insurance carrier and shall not make any written

or oral representations to the contrary, nor shall it make any written

or oral representations that it shall not negotiate with such driver's

insurance carrier.

6. (a) No peer-to-peer car sharing program administrator shall collect

or charge any security deposit by credit card, debit card or otherwise,

for damages to a shared vehicle or report the debt to any consumer

reporting agency, as defined in subdivision (e) of section three hundred

eighty-a of this chapter, during the term of the peer-to-peer car

sharing program agreement, pending resolution of any dispute, or prior

to obtaining judgment in a court of competent jurisdiction.

(b) No peer-to-peer car sharing program administrator shall require a

deposit or an advance charge against the credit card or debit card of a

shared vehicle driver, in any form, for damages to a shared vehicle

which is in the shared vehicle driver's possession or control.

(c) No peer-to-peer car sharing program administrator shall collect or

charge any payment from a shared vehicle driver for damage to a shared

vehicle upon return or recovery of such vehicle in a damaged condition,

until after the cost of the damage to such vehicle and liability

therefor is agreed to between such peer-to-peer car sharing program

administrator and a shared vehicle driver or his or her insurer, or is

determined pursuant to law or peer-to-peer car sharing program agreement

provisions consistent with law and the rights and obligations set forth

in this section, unless there is proof corroborating that the damage did

not exist prior to the reservation and the damage is appraised by an

independent third-party appraiser; provided, however, that a

peer-to-peer car sharing program administrator is not precluded from

presenting a claim to a shared vehicle driver and his or her insurer

pursuant to other provisions of this section.

(d) Causes of action concerning the existence of, liability for, and

extent and cost of damage to such vehicle shall, where appropriate, be

commenced by a peer-to-peer car sharing program administrator in a court

of competent jurisdiction, in accordance with the limitations and

jurisdiction of the appropriate court act, provided the claimant has

first mailed a demand letter. A demand letter sent by the peer-to-peer

car sharing program administrator pursuant to this paragraph shall

contain: (i) the name and post office address of such peer-to-peer car

sharing program administrator, and of its attorney, if any; (ii) the

nature of such claim; (iii) the time when, the place where and the

manner in which such claim arose, if known, or if not known, the time

when and place where the damage was discovered by the shared vehicle

owner or peer-to-peer car sharing program administrator; and (iv) the

items of damage or injuries claimed to have been sustained, accompanied

by supporting documentation, such as repair bills, invoices and

estimates in the possession of or available to such peer-to-peer car

sharing program administrator. Such demand letter shall be served upon

such shared vehicle driver and his or her insurer in a manner reasonably

designed to give actual notice, via regular and certified mail, return

receipt requested. Nothing contained herein shall prohibit a

peer-to-peer car sharing program administrator and a shared vehicle

driver or his or her insurer from entering into an agreement after a

claim of loss to submit the matter to arbitration or mediation.

7. No peer-to-peer car sharing program administrator shall hold any

shared vehicle driver liable for any damage to, or loss of, a shared

vehicle, as provided by this section, unless such peer-to-peer car

sharing program prominently discloses, in the peer-to-peer car sharing

agreement, in at least twelve point bold face display, the nature and

extent of such liability and such driver's rights and responsibilities

pursuant to paragraph (c) of subdivision one of this section and

paragraph (f) of subdivision three of this section.

8. A shared vehicle driver shall provide notice to the peer-to-peer

car sharing program administrator and appropriate law enforcement agency

immediately upon learning of the theft of a shared vehicle.