Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2873 Personal vehicle sharing: recalled vehicles.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/03/2018 09:00 PM
AB2873:v96#DOCUMENT

Amended  IN  Senate  July 03, 2018
Amended  IN  Assembly  May 10, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2873


Introduced by Assembly Member Low

February 16, 2018


An act to amend Sections 11752 and 11754 of the Vehicle Code, relating to personal vehicle sharing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2873, as amended, Low. Personal vehicle sharing: recalled vehicles.
Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer’s recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would prohibit a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with a vehicle that is subject to a manufacturer’s recall for which a safety recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11752 of the Vehicle Code is amended to read:

11752.
 As used in this article, the following definitions apply:
(a) The term “dealer” has the same meaning as in Section 285.
(b) (1) A “manufacturer’s recall” is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.
(2) A manufacturer’s recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.
(c) A “personal vehicle sharing program” has the same meaning as defined in Section 11580.24 of the Insurance Code.
(d) A “recall database” is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturer’s recall information relevant to a specific vehicle.
(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:
(A) The recall data on a vehicle manufacturer’s Internet Web site for a specific vehicle’s line-make.
(B) The recall data in a vehicle manufacturer’s internal system that provides information to its franchisees on vehicles subject to recall.
(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.
(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.
(e) A “recall database report” is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.
(f) A “rental car company” is a person or entity in the business of renting passenger vehicles to the public in California.

SEC. 2.

 Section 11754 of the Vehicle Code is amended to read:

11754.
 (a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.
(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.
(c) A personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with a vehicle that is subject to a manufacturer’s recall, as defined in subdivision (b) of Section 11752, and a safety recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.
(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.
(e) This section does not affect the determination of whether or not a company is a rental car company.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.