§ 913. Optional vehicle protection; requirements. 1. (a) (i) A\npeer-to-peer car sharing program administrator shall not charge a\nseparately itemized fee solely for optional vehicle protection, except\nas follows:\n (A) the fee charged by a peer-to-peer car sharing program\nadministrator shall represent the administrator's good-faith estimate of\na daily charge, as calculated by the administrator, to recover the\nactual, total annual expenses, incurred by the administrator, together\nwith a commercially reasonable allowance for the contractual risks\nassumed by the administrator, for the administrator's agreement with\nshared vehicle drivers to contractually assume liability for all or part\nof any damage or loss to the shared vehicle during the car sharing\nperiod;\n (B) if the total amount of optional vehicle protection fees collected\nby a peer-to-peer car sharing program administrator under this section\nin any calendar year exceeds the administrator's actual costs, the\nadministrator shall:\n (1) retain the excess amount; and\n (2) adjust the estimated, average per day optional vehicle protection\nfee for the following calendar year by a corresponding amount.\n (ii) Nothing in this section shall prevent a peer-to-peer car sharing\nprogram administrator from making adjustment to the optional vehicle\nprotection fee during the calendar year.\n (b) A peer-to-peer car sharing program administrator shall not sell\noptional vehicle protection unless the shared vehicle driver or shared\nvehicle owner agrees to the purchase of such protection in writing at or\nprior to the time the peer-to-peer car sharing agreement is executed.\n (c) A peer-to-peer car sharing program administrator shall not void\noptional vehicle protection contractually assumed from the shared\nvehicle owner except for one or more of the following reasons:\n (i) the damage or loss is caused intentionally or as a result of\nwillful, wanton, or reckless conduct of the shared vehicle driver;\n (ii) the damage or loss arises out of the shared vehicle driver's use\nor operation of the shared vehicle while intoxicated or unlawfully\nimpaired by the use of alcohol or drugs;\n (iii) the peer-to-peer car sharing program administrator entered into\nthe peer-to-peer car sharing agreement based on fraudulent or materially\nfalse information supplied by the shared vehicle driver;\n (iv) the damage or loss arises out of the use or operation of the\nshared vehicle while engaged in the commission of a crime other than a\ntraffic infraction;\n (v) the damage or loss arises out of the use or operation of the\nshared vehicle to carry persons or property for hire, as a\ntransportation network company or TNC vehicle as defined in article\nforty-four-B of the vehicle and traffic law, to push or tow anything,\nwhile engaged in a speed contest, operating off-road, or for driver's\ntraining;\n (vi) the damage or loss arises out of the use or operation of the\nshared vehicle by a person other than: (1) the shared vehicle driver;\n(2) the shared vehicle driver's spouse, child over the age of eighteen\nor a parent or parent-in-law of the shared vehicle driver, provided such\nspouse, child, parent or parent-in-law is properly licensed to operate a\nmotor vehicle and resides in the same household as the shared vehicle\ndriver; (3) a parking valet or parking garage attendant for compensation\nand in the normal course of employment; (4) any person who uses or\noperates the motor vehicle through a program during an emergency\nsituation to a medical facility; or (5) any person licensed to drive who\nexpressly is authorized to use or operate the motor vehicle by both the\nshared vehicle owner and the peer-to-peer car sharing agreement;\n (vii) the damage or loss arises out of the use or operation of the\nshared vehicle outside of the United States when that use or operation\nis not specifically authorized by the peer-to-peer car sharing\nagreement; or\n (viii) the shared vehicle
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