Amendment #57 to H.4508

Amendment #57 to H4508

Personal Vehicle Sharing Companies

Mr. Ryan of Boston moves to amend the bill by striking section 16 and replacing it with the following section:-

SECTION 16. The General Laws are hereby amended by inserting after chapter 90J the

following chapter:-

CHAPTER 90K

PERSONAL VEHICLE SHARING COMPANIES

Section 1. As used in this chapter, the following words shall, unless the context clearly

requires otherwise, have the following meanings:-

“Personal vehicle sharing”, the authorized use and operation of a motor vehicle by a person other

than the vehicle’s registered owner for consideration, facilitated by a personal vehicle sharing

company.

“Personal vehicle sharing company” or “company”, a corporation, partnership, sole

proprietorship or other entity qualified to do business in the commonwealth that is engaged in

facilitating personal vehicle sharing through a personal vehicle sharing platform.

“Personal vehicle sharing platform” or “platform”, any online-enabled application,

software, website or system offered or utilized by a personal vehicle sharing company that

facilitates personal vehicle sharing between an owner and a driver.

“Registry”, the registry of motor vehicles established pursuant to section 56 of chapter

6C.

“Shared motor vehicle” or “shared vehicle”, a private passenger motor vehicle designed

primarily for the transport of persons, which is made available on a personal vehicle sharing

platform.

“Shared vehicle agreement” or “agreement”, the written terms and conditions applicable

to a shared vehicle owner and driver that govern the use of the shared motor vehicle during the

vehicle sharing period.

“Shared vehicle driver” or “driver”, an individual who is authorized to drive a shared

vehicle by a personal vehicle sharing company.

“Shared vehicle owner” or “owner”, the registered owner of a private motor vehicle who

makes such vehicle available through a personal vehicle sharing platform.

“ Private vehicle sharing period” or “sharing period”, the period of time during which the motor

vehicle is being shared through the personal vehicle sharing platform; provided, that the vehicle

sharing period shall start at the time, pursuant to the agreement, the motor vehicle becomes subject

to the control of the driver and end when the motor vehicle is returned to the location designated

by the owner.

Section 2. (a) Prior to offering a motor vehicle for personal vehicle sharing on a personal

vehicle sharing platform, the personal vehicle sharing company shall verify that the motor

vehicle is in compliance with annual safety and emissions inspections pursuant to section 7A of

chapter 90 and regulations promulgated pursuant to said section 7A of said chapter 90; or, if a

motor vehicle is registered in another state, that the motor vehicle complies with the inspection

requirement of the state where the motor vehicle is registered.

(b) A personal vehicle sharing company shall not authorize an individual to drive a

shared vehicle unless the individual is at least 18 years of age and has a license to operate a

motor vehicle.

personal vehicle sharing platform without a motor vehicle liability policy, as defined in section

34A of chapter 90, that is in compliance with section 113L of chapter 175.

An owner shall provide notice to all insurers of the motor vehicle of their intent to make

the motor vehicle available for personal vehicle sharing on a personal vehicle sharing platform

prior to offering said vehicle on a personal vehicle sharing platform.

Section 3. A personal vehicle sharing company shall issue removable decals, in a form

and manner prescribed by the registry, to a shared vehicle owner to designate the motor vehicle

as a shared motor vehicle. The decals shall be applied to both the front and back panels of a

motor vehicle at all times during a vehicle sharing period.

Section 4. Prior to offering a motor vehicle on a personal vehicle sharing platform, the

owner shall certify to the company that the motor vehicle is not subject to any unresolved safety

recalls from the manufacturer. If a motor vehicle is subject to an unresolved safety recall, the

owner shall not offer the motor vehicle for personal vehicle sharing on a platform until all safety

recall repairs have been made.

If the shared vehicle owner receives notice of a safety recall while the shared vehicle is

offered on a platform, the owner shall cause the vehicle to be unavailable for personal vehicle

sharing on the platform not later than 72 hours after receiving notice of the safety recall. If the

owner receives notice of a safety recall during a vehicle sharing period, as soon as possible, but

not later than 72 hours after receiving notice of the safety recall, the owner shall notify both the

company and the driver about the safety recall so the owner may address the safety recall repair.

Section 5. (a) A personal vehicle sharing company shall provide clear and conspicuous

cost estimates to consumers for all transportation costs and any additional costs, which shall

include, but not be limited to: the rate, either hourly, daily or by mileage, fees, insurance costs

and any protection package costs that are charged to the shared vehicle owner or driver. If a rate

is advertised by the personal vehicle sharing company, all fees must be clearly disclosed on the

personal vehicle sharing platform.

A personal vehicle sharing company may charge a shared vehicle driver a separately

stated fee to recover specified costs paid to a government entity that are incurred by the company.

(b) In a claim coverage investigation following a motor vehicle accident, the personal

vehicle sharing company shall cooperate to facilitate the exchange of information with directly

involved parties and any motor vehicle insurer of a shared vehicle owner regarding the use of the

motor vehicle in personal vehicle sharing.

shall provide policies to the division of insurance to be placed on file.

(d) A personal vehicle sharing company shall maintain records that shall include, but

shall not be limited to: (i) the number of motor vehicles listed on the personal vehicle sharing

platform; (ii) the number of owners who use the personal vehicle sharing platform; (iii) the

average length of a vehicle sharing period; (iv) the percentage of drivers with a license to operate

a motor vehicle from a state other than the commonwealth; (v) the breakdown of the cities or

towns that serve as the designated location where a vehicle sharing period originates; (vi) the

total mileage driven by a shared vehicle driver during each vehicle sharing period; (vii) the

make, model and year of each shared vehicle; (viii) for each accident or crash involving a shared

motor vehicle, the date and the time of the accident and the license plate of the motor vehicle;

and (ix) the total cost paid by each shared vehicle driver for the vehicle sharing period.

Annually, not later than April 30, the personal vehicle sharing company shall compile

these records and distribute said records to the Massachusetts Department of Transportation. Not

later than June 30, the Massachusetts Department of Transportation shall publicly post the

aggregate number of vehicle sharing periods from the previous calendar year originating within

each city or town.

Section 6. (a) Company or owner shall, upon request of an airport, including but not limited to any

entity responsible for regulating commerce at such airport within the Commonwealth, enter into

an agreement, which agreement may be a concession agreement, prior to: (1) listing, publishing

or advertising shared vehicles parked on airport property or at airport facilities; (2) facilitating the use of

shared vehicles to transport airport customers to or from airport property or airport facilities, regardless

of whether that use is to be initiated or has a start time which occurs on or off of airport property or

airport facilities; or (3) promoting or marketing shared vehicles to transport airport customers to or from

airport property or airport facilities, regardless of whether that transportation is to be initiated or has a

start time which occurs on or off of airport property or airport facilities.

(b) The agreement described in subsection (a) shall set forth the same or reasonably similar

standards, regulations, procedures, fees, and access requirements applicable to platform,

company and other vehicle rental operations conducted at airport.

after request by an airport, or (2) performs, participates in, or undertakes any of the actions set

forth in subsection (a)(1) through (3) before entering into an agreement described in subsection

(a) after request by an airport, the affected airport may seek an injunction prohibiting operations

at the airport and may also seek damages against company or owner.

Section 7. (a) A personal vehicle sharing company shall be subject to and shall collect the tax

imposed by chapter 64H and pay such tax to the commissioner, with respect to each vehicle

sharing period, based on the total transportation costs and additional costs, as set forth in the

shared vehicle agreement that governs the use of the shared motor vehicle during such vehicle

sharing period, in each case according to the procedures set forth in chapters 64H and the

regulations promulgated thereunder.

(b) A personal vehicle sharing company shall collect and remit, with respect to each vehicle

sharing period, an amount equal to the police training surcharge described in section 3 of chapter

153 of session law acts of 2018, for deposit of such amount in the Municipal Police Training Fund

or the General Fund, as applicable, in each case according to the procedures set forth in said

section 3 of said chapter 153 of said session law acts of 2018.

an amount equal to the surcharge described in section 20E(i) of chapter 90, and pay such amount

to the city or town within whose borders the personal vehicle sharing with respect to such vehicle

sharing period was initiated, in each case according to the procedures set forth in said section

20E(i) of said chapter 90.

(d) A personal vehicle sharing company shall collect, with respect to each vehicle sharing period

for a personal vehicle sharing initiated in the city of Boston, an amount equal to the surcharge

described in section 9(e) of chapter 152 of session law acts of 1997, and in each case deposit such

amount according to the procedures set forth in said chapter 152 of said session law acts of 1997.

(e) A personal vehicle sharing company shall collect, with respect to each vehicle sharing period

for a personal vehicle sharing initiated in the city of Revere, an amount equal to the surcharge

described in section 1 of chapter 92 of session law acts of 2005, and in each case deposit such

amount according to the procedures set forth in said chapter 92 of said session law acts of 2005.