South Carolina § 56-36-30 - Car sharing program agreements; requirements and disclosures.

§ 56-36-30. Car sharing program agreements; requirements and disclosures.

(A) Each car sharing program agreement made in this State shall disclose to the shared vehicle owner and the shared vehicle driver:

(1) any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement;

(2) that a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;

(3) that the peer-to-peer car sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;

(4) the daily rate, fees, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;

(5) that the shared vehicle owner's motor vehicle liability insurance may not provide coverage for a shared vehicle;

(6) an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and

(7) whether there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.

(B)(1) A peer-to-peer car sharing program may not enter into a car sharing program agreement with a driver unless the driver who will operate the shared vehicle:

(a) holds a valid driver's license issued under the provisions of Chapter 1, Title 56, that authorizes the driver to operate vehicles of the class of the shared vehicle; or

(b) is a nonresident who:

(i) is at least the same age as that required of a resident to drive; and

(ii) has a driver's license issued by the driver's resident state or country that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle.

(2) A peer-to-peer car sharing program shall keep record of:

(a) the name and address of the shared vehicle driver;

(b) the number of the driver's license of the shared vehicle driver and each other person who will operate the shared vehicle; and

(c) the place of issuance of the driver's license.

(C) A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.

(D)(1) When a vehicle owner registers as a shared vehicle owner with a peer-to-peer car sharing program and before the shared vehicle owner makes the shared vehicle available on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:

(a) verify that the shared vehicle does not have any safety recalls for which repairs have not been made; and

(b) notify the owner of the requirement under subsection (D)(2), (3), and (4).

(2) If the shared vehicle owner has actual notice of a safety recall on the shared vehicle, then the shared vehicle owner may not make the shared vehicle available on the peer-to-peer car sharing program until the safety recall repair is complete.

(3) If a shared vehicle owner receives actual notice of a safety recall on the shared vehicle while the shared vehicle is available on the peer-to-peer car sharing program and in the shared vehicle owner's possession, then the owner shall remove the shared vehicle as available on the peer-to-peer car sharing program as soon as practicably possible after receiving notice and until the safety recall repair is complete.

(4) If a shared vehicle owner receives actual notice of a safety recall while the shared vehicle is in the possession of a shared vehicle driver, then the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall as soon as practicably possible after receiving notice of the safety recall so that the shared vehicle owner may address the safety recall repair.

HISTORY: 2025 Act No. 20 (S.307), SECTION 1, eff May 8, 2025.