New York § 909 - 909Safety recalls

§ 909. 909Safety recalls

§ 909. Safety recalls. 1. At the time when a shared vehicle owner registers a shared vehicle in a peer-to-peer car sharing program, and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing in the peer-to-peer car sharing program, and no less than annually thereafter, the peer-to-peer car sharing program administrator shall: (a) verify that the shared vehicle is not subject to any open safety recalls appearing on the National Highway Traffic Safety Administration recall database created under 49 C.F.R. 573.15 for which the recall repair has not been made and shall not permit a shared vehicle to be shared in a peer-to-peer car sharing program unless the vehicle recall repair has been made; and (b) notify such shared vehicle owner of the requirements under subdivision two of this section. 2. (a) If the shared vehicle owner has received notice of a safety recall on a shared vehicle, before it is enrolled in a peer-to-peer car sharing program such shared vehicle owner shall not make such vehicle available as a shared vehicle in a peer-to-peer car sharing program until the necessary safety recall repair has been made. (b) If a shared vehicle owner has received notice of a safety recall on a shared vehicle while the shared vehicle is available on a peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle from such peer-to-peer car sharing program, as soon as practicable, and in no case longer than seventy-two hours after receipt of such notice, and it shall not be made available thereafter until the necessary repairs under the safety recall shall have been completed. (c) If a shared vehicle owner has received notice of a safety recall on a shared vehicle while such shared vehicle is in the possession of a shared vehicle driver, the shared vehicle owner shall notify the peer-to-peer car sharing program administrator about the safety recall as soon as practicable, and in no case longer than forty-eight hours after receipt of such notice, so that the shared vehicle driver can be notified and the shared vehicle can be removed from the peer-to-peer car sharing program until the necessary safety recall repair has been made. (d) A shared vehicle owner shall not enroll a vehicle in a peer-to-peer car sharing program unless such vehicle has been issued a valid safety inspection in compliance with article five of the vehicle and traffic law. A peer-to-peer car sharing program administrator shall not permit a vehicle to be shared unless the shared vehicle owner has furnished proof to the program of such safety inspection in compliance with article five of the vehicle and traffic law within the preceding twelve months.