Bill Text: OR HB3149 | 2011 | Regular Session | Enrolled
Bill Title: Relating to personal vehicle sharing.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2011-06-21 - Chapter 457, (2011 Laws): Effective date January 1, 2012. [HB3149 Detail]
Download: Oregon-2011-HB3149-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3149
Sponsored by Representative CANNON, Senator EDWARDS;
Representatives BAILEY, DOHERTY, HOYLE, KOMP, Senator
DINGFELDER
CHAPTER ................
AN ACT
Relating to personal vehicle sharing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2011 Act are added to
and made a part of the Insurance Code. + }
SECTION 2. { + As used in sections 2 to 5 of this 2011 Act:
(1) 'Owner's insurance policy' means a private passenger motor
vehicle liability insurance policy that includes:
(a) All coverage necessary to comply with the financial or
future responsibility requirements of ORS chapter 806;
(b) The personal injury protection coverage required under ORS
742.518 to 742.542;
(c) The uninsured motorist coverage required under ORS 742.500
to 742.506; and
(d) Any optional coverage selected by the owner.
(2) 'Personal vehicle sharing' means the use of a private
passenger motor vehicle by persons other than the vehicle's
registered owner in connection with a personal vehicle sharing
program.
(3) 'Personal vehicle sharing program' means a legal entity
qualified to do business in this state engaged in the business of
facilitating the sharing of private passenger motor vehicles for
noncommercial use by individuals within this state.
(4) 'Private passenger motor vehicle' means a four-wheel
passenger or station wagon type motor vehicle insured under a
motor vehicle liability insurance policy covering a single
individual or individuals residing in the same household as the
named insured.
(5) 'Program insurance policy' means a motor vehicle liability
insurance policy that is obtained by the personal vehicle sharing
program and that:
(a) Includes all coverage needed to comply with the financial
or future responsibility requirements of ORS chapter 806;
(b) Includes the personal injury protection coverage required
under ORS 742.518 to 742.542;
(c) Includes the uninsured motorist coverage required under ORS
742.500 to 742.506;
(d) Includes comprehensive property damage coverage for the
vehicle;
(e) Includes collision property damage coverage for the
vehicle; and
Enrolled House Bill 3149 (HB 3149-B) Page 1
(f) Does not include any other optional coverage selected by
the owner of the vehicle and included in the owner's insurance
policy. + }
SECTION 3. { + For each vehicle that the program facilitates
the use of, a personal vehicle sharing program shall:
(1) Provide a program insurance policy with coverage for the
vehicle, the designated operator of the vehicle and all persons
who, with the consent of the named insured, use the motor vehicle
insured under the policy. The limits for any coverage included in
the program insurance policy that is also included in the owner's
insurance policy must be equal to or greater than the coverage
limits provided in the owner's insurance policy, as reported to
the program by the owner. However, the program may not provide
liability coverage that is less than three times the limits
specified in ORS 806.070.
(2) Provide the vehicle's registered owner with a proof of
compliance with the insurance requirements of this section and
the financial or future responsibility requirements of ORS
chapter 806, a copy of which must be maintained in the vehicle by
the vehicle's registered owner at all times when the vehicle is
operated by any person other than the vehicle's registered owner
pursuant to the program.
(3) Collect, maintain and make available to the vehicle's
registered owner, the vehicle's registered owner's primary motor
vehicle liability insurer and any government agency as required
by law, at the cost of the program:
(a) Verifiable electronic records that identify the date and
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 registered owner pursuant to the program; and
(b) Any information concerning damages or injuries arising out
of personal vehicle sharing pursuant to the program.
(4) Not knowingly permit the vehicle to be operated as a
commercial vehicle by a personal vehicle sharing user while
engaged in personal vehicle sharing. For the purposes of this
subsection, 'commercial vehicle' has the meaning given that term
in ORS 826.001.
(5) Ensure that the vehicle is a private passenger motor
vehicle.
(6) Facilitate the installation, operation and maintenance of
signage and computer hardware and software necessary for the
vehicle to be used in the program.
(7) Indemnify the vehicle's registered owner for the cost of
damage or theft of equipment installed under subsection (6) of
this section and any damage caused to the vehicle by the
installation, operation or maintenance of the equipment.
(8) Provide the vehicle's registered owner and any person
operating the vehicle pursuant to the program with a disclosure
that contains information explaining the requirements of this
section. + }
SECTION 4. { + (1) Notwithstanding any provision in the
owner's insurance policy and notwithstanding ORS chapters 742,
806, 822 and 825 and ORS 30.010 to 30.100, 30.135, 30.480 and
30.485, in the event of any loss or injury that occurs at any
time when the vehicle is under the operation and control of a
person, other than the vehicle's registered owner, pursuant to a
personal vehicle sharing program, or is otherwise under the
control of a personal vehicle sharing program, the program shall
assume all liability of the vehicle owner and shall be considered
the vehicle owner for all purposes.
Enrolled House Bill 3149 (HB 3149-B) Page 2
(2) Nothing in subsection (1) of this section:
(a) Limits the liability of a personal vehicle sharing program
for any acts or omissions by the program that result in injury to
any persons as a result of the use or operation of the program;
or
(b) Limits the ability of the personal vehicle sharing program
to, by contract, seek indemnification from the vehicle's
registered owner for any claims paid by the personal vehicle
sharing program for any loss or injury resulting from fraud or
material misrepresentation in the maintenance of the vehicle by
the vehicle's registered owner.
(3) A personal vehicle sharing program continues to be liable
under subsection (1) of this section until:
(a) The vehicle is returned to a location designated by the
program; and
(b)(A) The expiration of the time period established for the
vehicle occurs;
(B) The intent to terminate the vehicle's personal vehicle
sharing use is verifiably communicated to the program; or
(C) The vehicle's registered owner takes possession and control
of the vehicle.
(4)(a) A personal vehicle sharing program shall assume
liability for a claim in which a dispute exists as to who was in
control of a private passenger motor vehicle when the loss giving
rise to the claim occurred.
(b) The insurer of the vehicle shall indemnify the program to
the extent of the insurer's obligation under the owner's
insurance policy, if it is determined that the vehicle's
registered owner was in control of the vehicle at the time of the
loss.
(5) If a private passenger motor vehicle's registered owner is
named as a defendant in a civil action for any loss or injury
that occurs at any time when the vehicle is under the operation
and control of a person, other than the vehicle's registered
owner, pursuant to a personal vehicle sharing program, or is
otherwise under the control of a personal vehicle sharing
program, the program shall have the duty to defend and indemnify
the vehicle's registered owner.
(6) Notwithstanding any provision in the owner's insurance
policy, while the vehicle is under the operation and control of a
person, other than the vehicle's registered owner, pursuant to a
personal vehicle sharing program, or is otherwise under the
control of a personal vehicle sharing program:
(a) The insurer of the vehicle on file with the Department of
Transportation may exclude any and all coverage afforded under
the insurer's policy; and
(b) A primary or excess insurer of the owners, operators or
maintainers of the vehicle may notify an insured that the insurer
has no duty to defend or indemnify any person or organization for
liability for any loss that occurs during use of the vehicle
pursuant to a personal vehicle sharing program.
(7) An owner's insurance policy for a private passenger motor
vehicle may not be canceled, voided, terminated, rescinded or
nonrenewed solely on the basis that the vehicle has been made
available for personal vehicle sharing pursuant to a personal
vehicle sharing program that is in compliance with the provisions
of sections 2 to 5 of this 2011 Act. + }
SECTION 5. { + A private passenger motor vehicle insured by
the vehicle's registered owner under an owner's insurance policy
may not be classified as a commercial motor vehicle, for-hire
Enrolled House Bill 3149 (HB 3149-B) Page 3
motor vehicle, permissive use motor vehicle or livery solely
because the vehicle's registered owner allows the vehicle to be
used for personal vehicle sharing if:
(1) The personal vehicle sharing is conducted under a personal
vehicle sharing program.
(2) The annual revenue received by the vehicle's registered
owner that was generated by the personal vehicle sharing does not
exceed the annual expenses of owning and operating the vehicle,
including depreciation, interest, lease payments, motor vehicle
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 vehicle sharing vehicle and
any fees charged by a personal vehicle sharing program. + }
SECTION 6. { + Sections 2 to 5 of this 2011 Act apply to
insurance policies issued or renewed on or after the effective
date of this 2011 Act. + }
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Passed by House March 21, 2011
Repassed by House June 8, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 6, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3149 (HB 3149-B) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3149 (HB 3149-B) Page 5
