HOUSE CONCURRENT RESOLUTION 108
(By Delegates Westfall, Azinger, Barrett, Bates, Brown, Capito, Criss, Espinosa, Estep-Burton, Graves, Hartman, Hott, Householder, D. Jefferies, Lovejoy, P. Martin, McGeehan, Nelson, Porterfield, Robinson, Rowe, Shott, Sponaugle, Waxman, Williams)
[Originating in The Committee on Banking and Insurance, On February 28, 2019 ]
Requesting the Joint Committee on Government and Finance to study the feasibility and propriety of authorizing and regulating a program for the rental of privately owned passenger motor vehicles through what is commonly known as a peer-to-peer car sharing program, establishing a regulatory framework to enable peer-to-peer car sharing entities to operate in West Virginia and the manner in which individually owned passenger motor vehicles are rented, maintained and insured in the program.
Whereas, the technology evolution is constantly advancing the means of doing business in all industries, including the business of the rental of motor vehicles; and
Whereas, Americans are increasingly utilizing the “sharing” economy to provide as well as to obtain transportation, travel and overnight accommodations; customers use services like Airbib, Uber, and Lyft, relying on peers, instead of businesses for travel and transportation and drivers and hosts have created cottage industries in various parts of the country to generate income by renting their cars and homes, charging rates for these services; and
Whereas, The rental of individually owned passenger motor vehicles to the public under rental agreements, known as “peer-to-peer carsharing” has become an increasing common transaction either already authorized and occurring or for which authorization is currently being sought throughout the country; and
Whereas, There has been a nationwide emergence of private vehicle rental program providers through what is known as peer-to-peer car sharing programs, who operate, facilitate or administer the rental of individually owned private passenger motor vehicles to the public via digital and or other electronic means, without the necessity of personal, direct, in-person contact between the parties; and
Whereas, currently, West Virginia law provides that a person may not engage in a daily car rental business unless licensed by the Commissioner of Motor Vehicles and comply with all of the duties and requirements set forth in W. Va. Code §17A-6D-1 et seq.; furthermore, a person may not rent a motor vehicle to another person unless the renter is licensed to operate a motor vehicle, the owner of the motor vehicle has inspected the license of the renter and has compared and verified the signature of the operator’s license with the signature of such person, written in his or her presence, thereby inhibiting the ability to conduct rental transactions via digital or electronic means; and
Whereas, West Virginia law also provides that persons who rent a motor vehicle to another person must keep records of the registration of the rented vehicle as well as information about the person renting the vehicle, which shall be open to inspection by law enforcement and the DMV; and
Whereas, there are other issues to be considered in the peer-to-peer car rental business platform of renting individually owned passenger motor vehicles via digital or electronic means, including issues of insurance coverage on individually owned passenger vehicles used for hire, as well as liability issues and potential regulation of such transactions and activity that may be subject to regulation as a motor carrier for hire; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study the feasibility and propriety of authorizing and regulating a program for the rental of privately owned passenger motor vehicles through what is commonly known as a peer-to-peer car sharing program, establishing a regulatory framework to enable peer-to-peer car sharing entities to operate in West Virginia and the manner in which individually owned passenger motor vehicles are rented, maintained and insured in the program.; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2020, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.