BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1871
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          Date of Hearing:   May 5, 2010

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
                    AB 1871 (Jones) - As Amended:  April 28, 2010
           
          SUBJECT  :   Automobile insurance: personal vehicle sharing

           SUMMARY  :   Authorizes private passenger automobile owners to  
          make their vehicle available for use by a vehicle sharing  
          program without impacting the owners' private passenger  
          automobile insurance policy.  Specifically,  this bill  :  

          1)Provides that no vehicle insured as a private passenger motor  
            vehicle in compliance with the Financial Responsibility Law  
            shall be classified as a commercial or for-hire vehicle solely  
            on the basis of the vehicle being used in a personal vehicle  
            sharing program, provided that the revenue generated for the  
            owner does not exceed the expenses of operating the vehicle.   
            These expenses include lease or loan payments, insurance,  
            parking, depreciation, fuel and maintenance.

          2)Requires that the personal vehicle sharing organization  
            maintain appropriate insurance for the periods that the  
            vehicle is being used by any driver other than the owner.

          3)Defines "personal vehicle sharing" as privately owned vehicles  
            that are allowed to be used by drivers other than the owner as  
            part of a communal pool of vehicles.

          4)Specifies that a personal vehicle sharing program is an entity  
            that facilitates personal vehicle sharing, and that:

             a)   Provides liability insurance for private vehicles when  
               used by drivers other than the owner in amounts equal to or  
               greater than what the owner maintains, but in no event less  
               than three times the amount required by the Financial  
               Responsibility Law;

             b)   Provides the vehicle owner with appropriate proof of  
               financial responsibility to satisfy Vehicle Code  
               requirements; and

             c)   Collects and maintains verifiable electronic records  
               that identify the date, time and location when a vehicle is  








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               being used by a driver who is not the owner.

          5)Specifies that, notwithstanding any other provision of law or  
            provision of the owner's insurance policy, the owner's  
            automobile insurer is not liable under any circumstances for  
            any loss or event that occurs during a time when the vehicle  
            is under the control of a driver who is not the owner pursuant  
            to a personal vehicle sharing program.

          6)Prohibits an insurer from canceling, rescinding, terminating,  
            voiding, or nonrenewing an owner's automobile insurance policy  
            due to the owner making the vehicle available for a personal  
            vehicle sharing program.

           EXISTING LAW  :

          1)Requires owners and operators of private passenger automobiles  
            to maintain "financial responsibility," which usually takes  
            the form of privately purchased insurance in at least the  
            amounts per accident of $15,000 per person for bodily  
            injuries, $30,000 for all bodily injuries, and $5,000 for  
            property damages.

          2)Provides that an insurance policy covering an automobile is  
            primary in the event the vehicle is involved in an accident  
            that causes a loss to a third party.  For example, if a  
            vehicle owner allows a friend or relative who is not listed in  
            the owner's policy to drive the vehicle, and the friend or  
            relative causes a loss in an accident, the policy covering the  
            vehicle, and not the friend or relative's policy, is the  
            primary source for payment of damages.

          3)Contains very limited prohibitions on an automobile insurer  
            from classifying a private passenger vehicle as a commercial  
            or for-hire vehicle, including use as a volunteer for a  
            nonprofit organization.

           FISCAL EFFECT :   Undetermined.

           COMMENTS  :   

           1)Purpose  .  According to the author, carsharing companies would  
            like to expand their pool of vehicles by taking advantage of  
            privately owned vehicles while they are not in use.  However,  
            under current law, if the owner accepted compensation for  








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            allowing the vehicle to be used in a vehicle sharing program,  
            an insurer could reclassify the vehicle as a commercial  
            vehicle, and increase the premiums charged to the owner.  The  
            bill is designed to enable the carsharing company to enter  
            into agreements with vehicle owners, and ensure that the owner  
            is not disadvantaged.  Further, the bill is designed to ensure  
            that the owner's private passenger automobile insurer is also  
            not disadvantaged when the vehicle is in use by the vehicle  
            sharing program.

           2)Background  .  Carsharing companies have been growing in urban  
            areas across the country, as well as in California.  These  
            companies provide short-term rental use of vehicles by drivers  
            who have only minimal need to a personal vehicle, and do not  
            want to incur the expenses associated with owning and  
            maintaining a vehicle in an urban area.

           3)Environmental benefits  .  According to the Environmental  
            Defense Fund and the Sierra Club, vehicle sharing programs are  
            one mechanism that can reduce the number of miles that are  
            driven in urban areas, thereby reducing emissions and  
            congestion.  By making more options available, more people  
            will be able to meet their urban transportation needs without  
            having to own a car.  The American Planning Association,  
            California Chapter, and the Community Action to Prevent Asthma  
            make similar points concerning reducing emissions and  
            encouraging carsharing.

           4)Carsharing companies support  .  Companies such as Gettaround,  
            Inc., and City CarShare support the bill, which would enable  
            them to supplement or replace company owned fleets with  
            temporary use private vehicles owned by others during periods  
            when the owner does not need the vehicle.  They point to  
            research that shows carsharing programs can reduce  
            participants' miles driven, thereby reducing greenhouse gases.  
             Creating this additional model for organizing a program will  
            encourage an expansion of these efforts.

           5)Insurers remain opposed without further amendments  .  The  
            insurers recognize that the bill contains provisions that  
            attempt to provide them protection against inappropriate  
            liability.  However, they point to additional issues, such as  
            how the mandatory rating factor of "miles driven" enacted by  
            Proposition 103 is impacted by a proposal that has as its  
            purpose additional miles driven on their insureds' cars.  They  








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            also note that the bill's protections address liability, but  
            not theft or vandalism to the vehicle, or property damage to  
            the vehicle itself.  However, both the Association of  
            California Insurance Companies and the Pacific Association of  
            Domestic Insurance Companies, the only insurers to communicate  
            with the Committee, have expressed the desire to work with the  
            author on this "innovative idea."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Planning Association, California Chapter
          City Carshare
          Community Action to Fight Asthma
          Environmental Defense Fund
          Gettaround, Inc.
          Relay Rides
          Sierra Club
          Spride 

           Opposition 
           
          Association of California Insurance Companies (unless amended)
          Pacific Association of Domestic Insurance Companies (unless  
          amended)
          Personal Insurance Federation of California (unless amended)
           
          Analysis Prepared by  :    Mark Rakich / INS. / (916) 319-2086