BILL ANALYSIS SENATE COMMITTEE ON BANKING, FINANCE, AND INSURANCE Senator Ronald Calderon, Chair AB 1871 (Jones) Hearing Date: June 30, 2010 As Amended: June 1, 2010 Fiscal: No Urgency: No VOTES: Asm. Floor(06/03/10)75-0/Pass Asm. Ins. (05/05/10)07-02/Pass SUMMARY Would facilitate the ability of carsharing companies to expand their pool of vehicles by taking advantage of privately owned vehicles while they are not in use with adverse consequences for the owners of those vehicles or the owners' insurer. DIGEST 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 AB 1871 (Jones), Page 2 nonprofit organization. This bill 1.Would state legislative intent that that during the time when owners of motor vehicles make their vehicles available to, and those vehicles are under the operation and control of, a personal vehicle sharing program's member, if an incident, accident, or occurrence happens that gives rise to any liability, the vehicle's owner and the private passenger automobile insurer that insures the vehicle and its owner shall be held harmless with no obligation to defend or indemnify the motor vehicle's owner. 2.Would state further intent that a personal vehicle sharing program shall maintain sufficient insurance coverage to cover any loss arising out of the use of a privately owned passenger vehicle during the time when the vehicle is under the operation and control of the personal vehicle sharing program and, at those times the personal vehicle sharing program shall stand in the place of the vehicle owner or the vehicle owner's private passenger automobile insurer. 3.Would provide that no private passenger motor vehicle insured by its owner by a policy of insurance subject to specified Insurance Code provisions applicable to private passenger automobile insurance and uninsured and underinsured coverages, 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: a. The personal vehicle sharing is conducted pursuant to a personal vehicle sharing program. b. Any annual revenue received by the motor vehicle's owner and generated by personal vehicle sharing of that vehicle does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, auto loan payments, insurance, AB 1871 (Jones), Page 3 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. 4.Would define various terms, including: a. "Personal vehicle sharing", which is define to mean the use of private passenger motor vehicles by persons other than the vehicle's owner, in connection with a personal vehicle sharing program; and b. "Personal vehicle sharing program", which is defined to mean 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. 5.Would provide that a personal vehicle sharing program shall, for each private passenger vehicle that it facilitates the use of, do all of the following: a. During all times when the vehicle is engaged in personal vehicle sharing, provide insurance coverage for the vehicle that is equal to or greater than the insurance coverages maintained by the vehicle owner and reported to the personal vehicle sharing program, but in no event, provide coverage less than three times the minimum insurance requirements for private passenger vehicles with respect to liability and uninsured motorist coverage, and provide coverage equal to or greater than the medical payment coverage and the physical damage coverage, including collision and comprehensive coverage, maintained by the vehicle owner and reported to the personal vehicle sharing program. b. Provide the registered owner of the vehicle with a AB 1871 (Jones), Page 4 specified DMV form or other suitable proof of compliance with the insurance requirements of this Act and the California Financial Responsibility Law. c. Collect, maintain, and make available to the vehicle owner, the vehicle owner's primary automobile liability insurer on file with the DMV, and to any other government agency as required by law, at the cost of the personal vehicle 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. d. 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. 6.Would establish rules governing liabilities of the passenger vehicle sharing program operator, the owner of the vehicle being shared, and the insurer of the vehicle on behalf of the owner. 7.Would provide that no policy of insurance 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. COMMENTS 1.Purpose of the bill To permit carsharing companies to expand their pool of vehicles by taking advantage of privately owned vehicles while they are not in use. 2.Background . Carsharing companies have been growing in urban areas across the country, as well as in California. These AB 1871 (Jones), Page 5 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.However, under current law, if the owner accepts compensation for 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 without adverse consequences for the owner.The billis also intended 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. 4.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. 5.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. 6.Questions None 7.Suggested Amendments None 8.Prior and Related Legislation None POSITIONS AB 1871 (Jones), Page 6 Support American Planning Association, California Chapter City Carshare Community Action to Fight Asthma Environmental Defense Fund Gettaround, Inc. Relay Rides Sierra Club Spride Oppose None Consultant: Kenneth Cooley (916) 651-4102