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AB-3041 Peer-to-peer car sharing.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3041:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3041


Introduced by Assembly Member Low

February 21, 2020


An act to add Section 1939.39 to the Civil Code, to repeal and add Section 11580.24 of the Insurance Code, and to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to shared vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 3041, as introduced, Low. Peer-to-peer car sharing.
Existing law prohibits an insurer from classifying a private passenger motor vehicle as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be shared if specified criteria are met. Existing law requires a personal vehicle sharing program to provide insurance coverage for the vehicle and driver that is equal to or greater than the coverage maintained by the vehicle owner, but no less than 3 times the minimum coverage amounts for private passenger vehicles.
This bill would repeal the above insurance coverage requirement and would instead require a peer-to-peer car sharing program to assume the liability for a loss during the sharing period in an amount not less than the minimum coverage amounts for private passenger vehicles. The bill would require a peer-to-peer car sharing program to ensure that a shared vehicle owner and driver are insured under a policy with coverage not less than 3 times the minimum coverage amounts for private passenger vehicles, require that policy to be primary, and authorize that policy to be satisfied by motor vehicle insurance maintained by the owner, driver, or peer-to-peer car sharing program, or any combination of those. The bill would require the peer-to-peer car sharing program to assume primary liability if there is a dispute as to who was in control of the shared vehicle at the time of the loss or the program fails to retain or provide specified records.
Existing law authorizes an airport to charge a concession fee, which is paid by a passenger vehicle rental company to the owner or operator of an airport for the right or privilege of conducting a vehicle rental business on the airport’s premises.
This bill would authorize a commercial airport authority to regulate access to an airport and set access fees for a peer-to-peer car sharing program. The bill would also make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1939.39 is added to the Civil Code, to read:

1939.39.
 (a) Notwithstanding any other law, a commercial airport authority may regulate access to an airport and set access fees for a peer-to-peer car sharing program, as defined in Section 11580.24 of the Insurance Code.
(b) This section does not affect the authority of any political subdivision of the state to regulate access to an airport it owns or operates and to set access fees or requirements for a peer-to-peer car sharing program.

SEC. 2.

 Section 11580.24 of the Insurance Code is repealed.
11580.24.

(a)No private passenger motor vehicle insured by its owner pursuant to a policy of insurance subject to Section 11580.1 or 11580.2 shall be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as all of the following circumstances apply:

(1)The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program.

(2)The annual revenue received by the vehicle’s owner which was generated by the personal vehicle sharing of the vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair, and costs associated with personal vehicle sharing, including, but not limited to, the installation, operation, and maintenance of computer hardware and software, signage identifying the vehicle as a personal sharing vehicle, and any fees charged by a personal vehicle sharing program.

(3)The owner of the private passenger motor vehicle does not knowingly place the vehicle into commercial use, as defined by Section 675.5, by a personal vehicle sharing user while engaged in personal vehicle sharing.

(b)For purposes of this section the following definitions apply:

(1)“Personal vehicle sharing” means the use of private passenger motor vehicles by persons other than the vehicle’s owner, in connection with a personal vehicle sharing program.

(2)“Personal vehicle sharing program” means a legal entity qualified to do business in the State of California engaged in the business of facilitating the sharing of private passenger vehicles for noncommercial use by individuals within the state.

(3)“Private passenger motor vehicle” means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the Vehicle Code, but does not include a vehicle with fewer than four wheels.

(c)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:

(1)During all times that the vehicle is engaged in personal vehicle sharing, provide insurance coverages for the vehicle and operator of the vehicle that are equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program. However, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles. Compliance with the terms and conditions of this paragraph shall be deemed to avoid the application of the limitation on damage recoveries set forth in Section 3333.4 of the Civil Code.

(2)Provide the registered owner of the vehicle with a Department of Motor Vehicles Form REG 5085 or other suitable proof of compliance with the insurance requirements of this section and the requirements of the California Financial Responsibility Law in Section 1656.2 of the Vehicle Code, a copy of which shall be maintained in the vehicle by the vehicle’s registered owner during any time when the vehicle is operated by any person other than the vehicle’s owner pursuant to a personal vehicle sharing program.

(3)Collect, maintain, and make available to the vehicle’s owner, the vehicle owner’s primary automobile liability insurer on file with the Department of Motor Vehicles, and to any other government agency as required by law, at the cost of the personal vehicle sharing program, verifiable electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicle’s owner pursuant to a personal vehicle sharing program.

(4)Provide the vehicle’s owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a disclosure that contains information explaining the terms and conditions contained in this section.

(5)Not knowingly permit the vehicle to be operated for commercial use by a personal vehicle sharing user while engaged in personal vehicle sharing.

(6)Use only private passenger vehicles.

(7)Facilitate the installation, operation, and maintenance of computer hardware and software and signage, necessary for a vehicle to be used in a personal vehicle sharing program, including payment of the cost of damage or theft of that equipment and any damage caused to the vehicle by the installation, operation, and maintenance of that equipment.

(d)Notwithstanding any other provision of law or any provision in a private passenger motor vehicle owner’s automobile insurance policy, in the event of a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall assume all liability of the owner and shall be considered the owner of the vehicle for all purposes. Nothing in this section limits the liability of the personal vehicle sharing program for its acts or omissions that result in injury to any persons as a result of the use or operation of a personal vehicle sharing program.

(e)A personal vehicle sharing program shall continue to be liable pursuant to subdivision (d) until both of the following occur:

(1)The private passenger motor vehicle is returned to a location designated by the personal vehicle sharing program.

(2)The earliest of one of the following occurs:

(A)The expiration of the time period established for the particular use of the vehicle.

(B)The intent to terminate the personal vehicle sharing use is verifiably communicated to the personal vehicle sharing program.

(C)The vehicle’s owner takes possession and control of the vehicle.

(f)The personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of the vehicle when the loss occurred giving rise to the claim, and the vehicle’s private passenger motor vehicle insurer shall indemnify the personal vehicle sharing program to the extent of its obligation under the applicable insurance policy, if it is determined that the vehicle’s owner was in control of the vehicle at the time of the loss.

(g)In the event that the owner of the vehicle is named as a defendant in a civil action, for a loss or injury that occurs during any time period when the vehicle is under the operation and control of a person, other than the vehicle’s owner, pursuant to a personal vehicle sharing program, or otherwise under the control of a personal vehicle sharing program, the personal vehicle sharing program shall have the duty to defend and indemnify the vehicle’s owner, subject to the provisions of subdivisions (d) and (f).

(h)Notwithstanding any other provision of law or any provision in a vehicle owner’s automobile liability insurance policy, while a private passenger motor vehicle is used by a person other than its owner pursuant to personal vehicle sharing facilitated through a personal vehicle sharing program, all of the following shall apply:

(1)The insurer of that vehicle on file with the Department of Motor Vehicles may exclude any and all coverage afforded pursuant to its policy.

(2)The primary and excess insurer or insurers of the owners, operators, and maintainers of the private passenger motor vehicle used in a personal vehicle sharing program shall have the right to notify an insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.

(i)No policy of insurance that is subject to Section 11580.1 or 11580.2 shall be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of this section.

SEC. 3.

 Section 11580.24 is added to the Insurance Code, to read:

11580.24.
 (a) A shared vehicle insured by its owner pursuant to an insurance policy subject to Section 11580.1 or 11580.2 shall not be classified as a commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely because its owner allows it to be used for personal vehicle sharing as long as both of the following circumstances apply:
(1) The vehicle sharing is conducted pursuant to a peer-to-peer car sharing program.
(2) The shared vehicle owner does not knowingly place the shared vehicle into commercial use, as described in Section 675.5, with a shared vehicle driver.
(b) An insurance policy subject to Section 11580.1 or 11580.2 shall not be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the shared vehicle has been made available for peer-to-peer car sharing pursuant to a peer-to-peer car sharing program that complies with this section.
(c) (1) A peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for bodily injury, property damage, or uninsured and underinsured motorist or personal injury protection losses to third parties during the car sharing period in an amount stated in the car sharing program agreement, which shall not be less than the minimum amounts set forth in Section 16430 of the Vehicle Code.
(2) Notwithstanding paragraph (1) and the definition of “car sharing termination time” in paragraph (5) of subdivision (x), the assumption of liability does not apply if the shared vehicle owner does either of the following:
(A) Makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.
(B) Acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the car sharing program agreement.
(3) Notwithstanding the definition of “car sharing termination time” in paragraph (5) of subdivision (x), the assumption of liability applies to bodily injury, property damage, and uninsured and underinsured motorist or personal injury protection losses to third parties, as required pursuant to Section 11580.1.
(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than three times the minimum amounts set forth in Section 16430 of the Vehicle Code and does one of the following:
(1) Recognizes that the insured shared vehicle is made available and used through a peer-to-peer car sharing program.
(2) Does not exclude use of a shared vehicle by a shared vehicle driver.
(e) The insurance described in subdivision (d) may be satisfied by motor vehicle liability insurance maintained by any of the following:
(1) The shared vehicle owner.
(2) The shared vehicle driver.
(3) The peer-to-peer car sharing program.
(4) Any combination of the above.
(f) The insurance described in subdivision (e) that satisfies subdivision (d) shall be primary during the car sharing period.
(g) The peer-to-peer car sharing program shall assume primary liability for a claim when it is, in whole or in part, providing the insurance required under subdivision (d) and both of the following are true:
(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss.
(2) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the records required pursuant to subdivision (m).
(h) The shared motor vehicle’s insurer shall indemnify the peer-to-peer car sharing program to the extent of its obligation, if any, under the applicable insurance policy if it is later determined that the shared motor vehicle’s owner was in control of the shared motor vehicle at the time of the loss.
(i) If the insurance maintained by a shared vehicle owner or shared vehicle driver pursuant to subdivision (e) has lapsed or does not provide the required coverage, insurance maintained by the peer-to-peer car sharing program shall provide the coverage required pursuant to subdivision (d) beginning with the first dollar of a claim and shall have the duty to defend that claim, except as provided in paragraph (2) of subdivision (c).
(j) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on a personal automobile insurer first denying a claim, and another automobile insurance policy shall not be required to first deny a claim.
(k) At the time a person registers as a shared vehicle owner with a peer-to-peer car sharing program, and before the shared vehicle is made available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
(l) A licensed insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for a claim under a shared vehicle owner’s personal motor vehicle liability insurance policy, including all of the following:
(1) Liability coverage for bodily injury and property damage.
(2) Personal injury protection coverage.
(3) Uninsured and underinsured motorist coverage.
(4) Medical payments coverage.
(5) Comprehensive physical damage coverage.
(6) Collision physical damage coverage.
(m) A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a shared vehicle, including times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and shall provide that information to facilitate a claim coverage investigation upon request to the shared vehicle owner, the shared vehicle owner’s insurer, or the shared vehicle driver’s insurer. The peer-to-peer car sharing program shall retain the records for not less than the applicable statute of limitations.
(n) A peer-to-peer car sharing program and a shared vehicle owner are exempt from vicarious liability in accordance with Section 30106 of Title 49 of the United States Code and any state or local law that imposes liability solely based on vehicle ownership.
(o) A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if both of the following are true:
(1) The claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurred during the car sharing period.
(2) Coverage for peer-to-peer car sharing is excluded under the terms of its policy.
(p) Notwithstanding any other law or regulation, a peer-to-peer vehicle sharing program has an insurable interest in a peer-to-peer vehicle during the car sharing period.
(q) A peer-to-peer car sharing program may own and maintain, as the named insured, one or more policies of motor vehicle liability insurance that provides coverage for any of the following:
(1) Liability assumed by the peer-to-peer car sharing program under the car sharing program agreement.
(2) Liability of the shared vehicle owner.
(3) Damage to or loss of the shared vehicle.
(4) Liability of the shared vehicle driver.
(r) A car sharing program agreement shall disclose all of the following 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 defense or indemnification for a 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, the shared vehicle driver and the shared vehicle owner may not have insurance coverage.
(4) The daily rate, fees, costs, 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 not provide coverage for the shared vehicle.
(6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.
(7) Any conditions under which the shared vehicle driver is required to maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis to book a shared vehicle.
(s) A peer-to-peer car sharing program shall not enter into a car sharing program agreement with a shared vehicle driver unless one of the following is true:
(1) The shared vehicle driver holds a California driver’s license that authorizes the driver to operate vehicles of the class of the shared vehicle.
(2) The shared vehicle driver is a nonresident who meets either of the following requirements:
(A) Has a driver’s license issued by the state or country of the driver’s residence that authorizes the driver to operate vehicles of the class of the shared vehicle and is at least the same age as that required of a resident to drive.
(B) Is otherwise specifically authorized to drive vehicles of the same class of the shared vehicle.
(t) A peer-to-peer car sharing program shall keep a record of all of the following:
(1) The name and address of the shared vehicle driver.
(2) The driver’s license number of the shared vehicle driver and each other person, if any, who will operate the shared vehicle.
(3) The place of issuance of the driver’s license of the shared vehicle driver.
(u) A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a global positioning system or other special equipment that is put in or on a shared vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of that system or equipment during the car sharing period that is not caused by the shared vehicle owner. A peer-to-peer car sharing program has the right to seek indemnity from a shared vehicle driver for any loss or damage to that system or equipment that occurs during the car sharing period.
(v) (1) Data collected by a peer-to-peer car sharing program shall not be used by an insurance company to set rates pursuant to Section 1861.02, unless authorized by the commissioner.
(2) Data collected by a peer-to-peer car sharing program shall be collected pursuant to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(w) This section does not do any of the following:
(1) Limit the liability of a peer-to-peer car sharing program for an act or omission of the peer-to-peer car sharing program itself that results in injury to a person as a result of the use of a shared vehicle through the peer-to-peer car sharing program.
(2) Limit the ability of a peer-to-peer car sharing program to, by contract, 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.
(3) Invalidate or limit an exclusion in a motor vehicle liability insurance policy, including an insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, hire, or any business use.
(4) Creates liability of a peer-to-peer car sharing program to maintain the coverage mandated by this section.
(x) For purposes of this section:
(1) “Car sharing period” means the period of time, not to exceed 30 consecutive days, from the commencement of the car sharing delivery period or, if there is no car sharing delivery period, from the car sharing start time, through the car sharing termination time.
(2) “Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location where the car sharing start time will commence, if applicable, as documented by the governing car sharing program agreement.
(3) “Car sharing program agreement” means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. “Car sharing program agreement” does not mean a rental agreement, as used in Section 1939.01 of the Civil Code, or a lease contract, as defined in Section 2985.7 of the Civil Code.
(4) “Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.
(5) “Car sharing termination time” means the of the following events:
(A) The expiration of the agreed upon period of time established for the use of a shared vehicle, according to the terms of the car sharing program agreement, if the shared vehicle is delivered to the location agreed upon in the car sharing agreement.
(B) When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver, as communicated through a peer-to-peer car sharing program.
(C)  When the shared vehicle owner or the shared vehicle owner’s authorized designee takes possession and control of the shared vehicle.
(6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” does not mean a transaction through a rental company, as defined in Section 1939.01 of the Civil Code.
(7) “Peer-to-peer car sharing program” means a business platform that connects vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car sharing program” does not mean a rental company, as defined in Section 1939.01 of the Civil Code.
(8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer car sharing program. “Shared vehicle” does not mean a passenger vehicle rented through a rental company, as defined in Section 1939.01 of the Civil Code, or rented to a renter, as defined in Section 1939.01 of the Civil Code.
(9) “Shared vehicle driver” means a person who is authorized to drive a shared vehicle by the shared vehicle owner under a car sharing program agreement.
(10) “Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.

SEC. 4.

 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 “peer-to-peer car 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 internet website 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. 5.

 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) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer’s recall, as defined in subdivision (b) of Section 11752, and a 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, or not more than 48 hours after the personal vehicle peer-to-peer car sharing program receives notification of a manufacturer’s recall by a third party with which the personal vehicle peer-to-peer car sharing program contracts to provide notification of active recalls, a personal vehicle peer-to-peer car sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.
(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 or whether or not a company is a personal vehicle peer-to-peer car sharing company.

SEC. 6.

 Section 11760 of the Vehicle Code is amended to read:

11760.
 (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle peer-to-peer car sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.
(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.
(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle peer-to-peer car sharing program.