Peer-to-Peer Car Sharing Programs - Insurance and Liability

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1186*

HOUSE BILL 1186
C4, R5 6lr2878
CF SB 395
By: Delegates Rogers, Phillips, and Williams Williams, and Moreno
Introduced and read first time: February 11, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2026

CHAPTER ______

AN ACT concerning 1

Peer–to–Peer Car Sharing Programs – Insurance and Liability 2

FOR the purpose of repealing certain provisions of law authorizing a peer –to–peer car 3
sharing program’s motor vehicle liability insurance policy on a replacement vehicle 4
to be secondary coverage for a shared vehicle driver; altering and establishing certain 5
motor vehicle liability insurance requirements applicable to peer –to–peer car 6
sharing programs; providing that the Maryland Automobile Insurance Fund is not 7
required to provide coverage to a shared vehicle drive for the use of a shared vehicle 8
that is no t a replacement vehicle; repealing the prohibition on certain insurers 9
taking certain actions with respect to a personal motor vehicle liability insurance 10
policy of a shared vehicle owner solely on the basis that a certain vehicle has been 11
made available f or sharing through a peer –to–peer car sharing program except 12
under certain circumstances; providing that certain provisions of law do not 13
invalidate or limit exclusions contained in a motor vehicle liability insurance policy; 14
requiring peer–to–peer car sharing programs to be responsible for providing certain 15
security on a primary basis for third –party liability claims under certain 16
circumstances; authorizing a peer–to–peer car sharing program to transfer monetary 17
liability and charge a shared vehicle driver for certain tolls, fees, charges, or fines 18
imposed under certain circumstances; excluding a peer–to–peer car sharing program 19
from the definiti on of “owner” for the purpose of citations issued for violations 20
recorded by a traffic control signal monitoring system; and generally relating to 21
peer–to–peer car sharing programs. 22

BY repealing 23
Article – Insurance 24
2 HOUSE BILL 1186

Section 10–6A–05 1
Annotated Code of Maryland 2
(2017 Replacement Volume and 2025 Supplement) 3

BY repealing and reenacting, with amendments, 4
Article – Insurance 5
Section 19–520 6
Annotated Code of Maryland 7
(2017 Replacement Volume and 2025 Supplement) 8

BY repealing and reenacting, with amendments, 9
Article – Transportation 10
Section 18.5–102, 18.5–108, and 21–202.1(a)(3) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Transportation 15
Section 18.5–102.1 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, without amendments, 19
Article – Transportation 20
Section 21–202.1(a)(1) and (5) and (d)(1) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2025 Supplement) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Insurance 26

[10–6A–05. 27

(a) Except as provided in subsection (b) of this section, an insurance policy sold in 28
connection with, and incidental to, a peer–to–peer car sharing program agreement under 29
the provisions of this subtitle is primary to any other valid and collectible coverage. 30

(b) Any insurance sold to a shared vehicle driver under the provisions of this 31
subtitle is not primary to the coverag e provided by the peer –to–peer car sharing program 32
under § 19–520(d)(1) of this article.] 33

19–520. 34

(a) (1) In this section the following words have the meanings indicated. 35

HOUSE BILL 1186 3

(2) “Car sharing delivery period” means the period of time during which a 1
shared motor vehicle is being delivered to the location of the car sharing start time, as 2
documented by the shared vehicle owner under a peer –to–peer car sharing program 3
agreement. 4

(3) “Car sharing period” means the period of time that commences with the 5
car sharing delivery period and ends at the car sharing termination time. 6

(4) “Car sharing start time” means the time when a shared motor vehicle 7
becomes subject to the control of the shared vehicle driver at or after the time the 8
reservation of a shared motor vehicle is scheduled to begin as documented in the records of 9
a peer–to–peer car sharing program. 10

(5) “Car sharing termination time” means: 11

(i) the time when the shared motor vehicle is returned to the 12
location designated by the shared vehicle owner through a peer –to–peer car sharing 13
program; and 14

(ii) the earliest of the following occurs: 15

1. the expiration of the agreed period of time established for 16
the use of the shared motor vehicle; 17

2. the intent to terminate the use of the shared motor vehicle 18
is verifiably communicated to the peer–to–peer car sharing program; or 19

3. the shared vehicle owner, or the shared vehicle owner’s 20
authorized designee, takes possession and control of the shared motor vehicle. 21

(6) “Intentional or f raudulent material misrepresentation” means an 22
affirmative statement or an omission by a shared vehicle owner that misrepresents 23
material facts about the shared vehicle owner or the shared motor vehicle. 24

(7) “Motor vehicle” has the meaning stated in § 11–135 of the 25
Transportation Article. 26

(8) “Peer–to–peer car sharing” means the authorized use of a motor vehicle 27
by an individual other than the vehicle’s owner through a peer –to–peer car sharing 28
program. 29

(9) “Peer–to–peer car sharing program” means a platform that is in the 30
business of connecting vehicle owners with drivers to enable the sharing of motor vehicles 31
for financial consideration. 32

(10) “Peer–to–peer car sharing program agreement” means the written 33
terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that 34
4 HOUSE BILL 1186

govern the use of a shared vehicle through a peer –to–peer car sharing program under the 1
provisions of this section and Title 18.5 of the Transportation Article. 2

(11) “Shared motor vehicle” means a moto r vehicle that is available for 3
sharing through a peer–to–peer car sharing program. 4

(12) “Shared vehicle driver” means an individual who has: 5

(i) reserved the use of a shared motor vehicle through a 6
peer–to–peer car sharing program; and 7

(ii) been authorized to drive the shared motor vehicle by the 8
peer–to–peer car sharing program. 9

(13) “Shared vehicle owner” means the registered owner of a motor vehicle 10
made available for sharing to shared vehicle drivers through a peer –to–peer car sharing 11
program. 12

(b) (1) Solely on the basis that a motor vehicle is shared through a 13
peer–to–peer car sharing program: 14

(i) a peer –to–peer car sharing program may not be considered to 15
have rented the vehicle under Title 18, Subtitle 1 of the Transportation Article; 16

(ii) the shared vehicle owner may not be considered to have rented a 17
vehicle under Title 18, Subtitle 1 of the Transportation Article; and 18

(iii) a peer–to–peer car sharing program may not be considered to be: 19

1. a rental vehicle company under § 18 –108 of the 20
Transportation Article; or 21

2. a motor vehicle rental company under Title 10, Subtitle 6 22
of this article. 23

(2) Subject to subsection (e)(1) of this section, the use of a shared motor 24
vehicle through a peer–to–peer car sharing program does not constitute a commercial use 25
solely on the basis that the motor vehicle is available for sharing or used through a 26
peer–to–peer car sharing program. 27

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a 28
peer–to–peer car sharing program shall assume the liability of a shared vehicle owner for 29
any bodily injury or property damage to third parties or uninsured and underinsured 30
motorist or personal injury protection losses during the car sharing period in an amount 31
stated in the peer–to–peer car sharing program agreement, which amount may not be less 32
than the minimum amount of security required under § 17 –103 of the Transportation 33
Article. 34
HOUSE BILL 1186 5

(ii) Except for the minimum security required under § 17–103 of the 1
Transportation Article for any injured person who did not make the intentional or 2
fraudulent misrepresentation, the assumption of liability under paragraph (1) of this 3
subsection does not apply if the shared vehicle owner made an intentional or fraudulent 4
material misrepresentation to the peer–to–peer car sharing program before the car sharing 5
period in which the loss occurred. 6

(2) [Nothing in paragraph] PARAGRAPH (1) of this subsection DOES NOT 7
LIMIT: 8

(i) [limits] the liability of the peer–to–peer car sharing program for 9
any act or omission of the peer–to–peer car sharing program itself that results in injury to 10
any person as a result of the use of a shared motor vehicle through a peer –to–peer car 11
sharing program; or 12

(ii) [limits] the ability of the peer –to–peer car sharing program to, 13
by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver 14
for economic loss sustained by the peer –to–peer car sharing program resulting from a 15
breach of the terms and conditions of the peer–to–peer car sharing program agreement. 16

(3) Each peer–to–peer car sharing program agreement made with respect 17
to a car sharing arrangement in the State shall disclose to the shared vehicle owner and 18
the shared vehicle driver: 19

(i) any right of the p eer–to–peer car sharing program to seek 20
indemnification from the shared vehicle owner or the shared vehicle driver for economic 21
loss sustained by the peer –to–peer car sharing program resulting from a breach of the 22
terms and conditions of the peer–to–peer car sharing program agreement; 23

(ii) that a motor vehicle liability insurance policy issued to the 24
shared vehicle owner for the shared motor vehicle or to the shared vehicle driver does not 25
provide a defense or indemnification for any claim asserted by the peer–to–peer car sharing 26
program under item (i) of this paragraph; 27

(iii) that the peer–to–peer car sharing program’s insurance coverage 28
on the shared vehicle owner and the shared vehicle driver is in effect only during each car 29
sharing period and that, for any use of the shared motor vehicle by the shared vehicle driver 30
after the car sharing termination time, the shared vehicle driver and the shared vehicle 31
owner should contact the shared vehicle driver’s or the shared vehicle owner’s insurer about 32
insurance coverage; AND 33

(iv) [that the peer –to–peer car sharing program’s motor vehicle 34
liability insurance policy may be exclusive for the shared vehicle owner and is primary for 35
the shared vehicle driver, but may be secondary for the shared vehicle driver if the shared 36
6 HOUSE BILL 1186

motor vehicle is used as a replacement vehicle, as defined in § 18.5 –102(a)(2)(i) of the 1
Transportation Article; and 2

(v)] the daily rate, fees, any insurance costs, and any protection 3
package costs that are charged to the shared vehicle owner or the shared vehicle driver. 4

(4) At the time when a vehicle owner registers as a shared vehicle owner 5
on a peer–to–peer car sharing program and prior to the time when the shared vehicle owner 6
makes a shared motor vehicle available for car sharing on the peer –to–peer car sharing 7
program, the peer–to–peer car sharing program shall notify the shared vehicle owner that, 8
if the shared motor vehicle has a lien against it, the use of the shared motor vehicle through 9
a peer–to–peer car sharing program, including use without physical damage coverage, may 10
violate the terms of the contract with the lienholder. 11

(d) (1) A peer–to–peer car sharing program shall ensure that, during each car 12
sharing period, the shared vehicle owner and the shared vehicle driver are insured under 13
a motor vehicle liability insurance policy that: 14

(i) PROVIDES COVERAGE IN AMOUNTS NOT LESS THA N THOSE 15
REQUIRED UNDER § 17–103 OF THE TRANSPORTATION ARTICLE; AND 16

(II) 1. recognizes that the vehicle insured under the policy is 17
made available and used through a peer–to–peer car sharing program; [and 18

(ii) provides the minimum security required under § 17 –103 of the 19
Transportation Article] OR 20

2. DOES NOT EXCLUDE THE USE OF THE SHARED MOTOR 21
VEHICLE BY A SHARED VEHICLE DRIVER. 22

(2) The insurance described under paragraph (1) of this subsection may be 23
satisfied by motor vehicle liability insurance maintained by: 24

(i) a shared vehicle owner; 25

(ii) A SHARED VEHICLE DRIVER; 26

(III) a peer–to–peer car sharing program; or 27

[(iii)] (IV) [both] ANY COMBINATION OF a shared vehicle owner , A 28
SHARED VEHICLE DRIVER, and a peer–to–peer car sharing program. 29

(3) (I) IN THIS PARAGRAPH , “REPLACEMENT VEHICLE” MEANS A 30
SHARED MOTOR VEHICLE THAT I S USED IN A PEER –TO–PEER CAR SHARING 31
PROGRAM WHILE A MOTO R VEHICLE OWNED BY T HE SHARED MOTOR VEHI CLE 32
HOUSE BILL 1186 7

DRIVER IS NOT IN USE BECAUSE OF LOSS , AS “LOSS” IS DEFINED IN THAT 1
INDIVIDUAL’S APPLICABLE PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, 2
OR BECAUSE OF BREAKDOWN, REPAIR, SERVICE, OR DAMAGE. 3

(II) NOTWITHSTANDING PARAG RAPH (2)(II) OF THIS 4
SUBSECTION, THE MARYLAND AUTOMOBILE INSURANCE FUND MAY NOT BE 5
REQUIRED TO PROVIDE COVERAGE TO A SHARED VEHICLE DRIVER FOR U SE OF A 6
SHARED VEHICLE THAT IS NOT A REPLACEMENT VEHICLE. 7

(4) (i) A peer –to–peer car sharing program shall have an insurable 8
interest in a shared motor vehicle during the car sharing period. 9

(ii) A peer–to–peer car sharing program may own and maintain as 10
the named insured one or more policies of motor vehicle liability insurance that provides 11
coverage in the amount of, in excess of, or optional to the minimum amount of coverage 12
required to be provided under paragraph (1) of this subsection, including coverage for: 13

1. liabilities assumed by the peer –to–peer car sharing 14
program under a peer–to–peer car sharing program agreement; 15

2. any liability of the shared vehicle owner; 16

3. damage or loss to the shared motor vehicle; and 17

4. any liability of the shared vehicle driver. 18

(iii) An offer by a peer –to–peer car sharing program to provide 19
coverage to a shared vehicle driver in the amount of, in excess of, or optional to the 20
minimum amount of coverage required to be provided under paragraph (1) of this 21
subsection, whether on a stand –alone basis or as part of a financial protection package, 22
shall be considered the sale or offer of insurance under Title 10, Subtitle 6A of this article. 23

[(4)] (5) The insurance described under paragraph (1) of this subsection 24
or authorized under paragraph [(3)] (4) of this subsection shall: 25

(i) as to coverage of the shared vehicle driver, pay claims on a first 26
dollar basis; and 27

(ii) be issued by: 28

1. an insurer authorized to do business in the State; or 29

2. solely with respect to insurance maintained by a 30
peer–to–peer car sharing program under paragraph [(3)] (4) of this subsection, an eligible 31
surplus lines insurer: 32

8 HOUSE BILL 1186

A. in accordance with the requirements of Title 3, Subtitle 3 1
of this article; and 2

B. having an A.M. Best financial strength rating of A – or 3
better. 4

[(5)] (6) (i) The insurance described under paragraph (1) of this 5
subsection shall, as to coverage of the shared vehicle owner, pay claims on a first dollar 6
basis. 7

(ii) This paragraph may not apply to the terms and conditions under 8
the insurance policy applicable to the peer–to–peer car sharing program. 9

[(6)] (7) Consumer complaints concerning claims against a surplus lines 10
policy issued in connection with, and incidental to, a peer –to–peer car sharing program 11
agreement are subject to the Commissioner’s authority under § 27–303 of this article. 12

[(7)] (8) [(i) Except as provided in subparagraph (ii) of this paragraph, 13
the motor vehicle liability insurance policy described in paragraph (1) of this subsection 14
shall be primary with respect to the shared vehicle driver, but may be secondary to the 15
shared vehicle driver’s motor vehicle liability insurance policy if the shared motor vehicle 16
is used by the shared vehicle driver as a replacement vehicle, as defined in § 17
18.5–102(a)(2)(i) of the Transportation Article. 18

(ii)] If the insurance maintained by [the] A shared vehicle driver has 19
lapsed, or is otherwise not in force, the peer –to–peer car sharing program’s insurance 20
coverage required under paragraph (1) of this subsection shall be primary. 21

(9) IF A CLAIM THAT ARISE S OUT OF AN OCCURREN CE DURING THE 22
CAR SHARING PERIOD OCCURRED I N ANOTHER STATE WITH MINIMUM FINANCIAL 23
RESPONSIBILITY LIMITS HIGHER THAN THOSE REQUIRED UNDER § 17–103 OF THE 24
TRANSPORTATION ARTICLE, THE COVERAGE REQUIRED UNDER PARAGRAPH (1) OF 25
THIS SUBSECTION SHAL L BE IN AN AMOUNT UP TO THE MINIMUM C OVERAGE 26
AMOUNT REQUIRED IN THE STATE IN WHICH THE CLAIM OCCURRED. 27

(e) (1) An authorized insurer that writes motor vehicle liability insurance in 28
the State and the Maryland Automobile Insurance Fund may exclude any and all coverage 29
and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s 30
personal motor vehicle liability insurance policy for any loss or injury that occurs during 31
the car sharing period. 32

(2) A motor vehicle insurer that defends or indemnifies a claim agains t a 33
driver that is excluded under the terms of its policy shall have the right to seek contribution 34
against the motor vehicle insurer of the peer–to–peer car sharing program if the claim is: 35

HOUSE BILL 1186 9

(i) made against the shared vehicle owner or the shared vehic le 1
driver for loss or injury that occurs during the car sharing period; and 2

(ii) excluded under the terms of its policy. 3

(3) Nothing in this section invalidates or limits an exclusion contained in a 4
motor vehicle liability insurance policy, including any insurance policy in use or approved 5
for use before October 1, 2018, that excludes coverage for motor vehicles made available for 6
rent, sharing, or hire or for any business use. 7

(4) The right to exclude any and all coverage and the duty to defend under 8
paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability 9
insurance policy, including: 10

(i) liability coverage for bodily injury and property damage; 11

(ii) uninsured and underinsured motorist coverage; 12

(iii) medical payments coverage; 13

(iv) personal injury protection coverage; 14

(v) comprehensive physical damage coverage; and 15

(vi) collision physical damage coverage. 16

[(f) (1) Except as provided in paragraph (2) of this subsection, a motor vehic le 17
insurer may not deny, cancel, void, terminate, rescind, or nonrenew a personal motor 18
vehicle liability insurance policy of a shared vehicle owner solely on the basis that a motor 19
vehicle covered under the policy has been made available for sharing throu gh a 20
peer–to–peer car sharing program. 21

(2) A motor vehicle insurer may deny, cancel, void, terminate, rescind, or 22
nonrenew a personal motor vehicle liability insurance policy covering a motor vehicle that 23
has been made available for sharing through a p eer–to–peer car sharing program if the 24
applicant or policyholder of the personal motor vehicle liability insurance fails to provide 25
complete and accurate information about the use of a shared motor vehicle through the 26
peer–to–peer car sharing program as re quested by the motor vehicle insurer during the 27
application or renewal process of the motor vehicle liability insurance policy.] 28

(F) THIS SECTION DOES NOT INVALIDATE OR LIMIT AN EXCLUSION 29
CONTAINED IN A MOTOR VEHICLE LIABILITY IN SURANCE POLICY , INCLUDING AN 30
INSURANCE POLICY IN USE OR APPROVED FOR USE THAT EXCLUDES COVERAGE FOR 31
MOTOR VEHICLES MADE AVAILABLE FOR RENT , SHARING, OR HIRE OR FOR A 32
BUSINESS USE. 33

10 HOUSE BILL 1186

(g) [Nothing in this section: 1

(1) requires any shared vehicle owner’s personal motor vehicle lia bility 2
insurance policy to provide primary or excess coverage during the car sharing period; 3

(2) may be interpreted to imply that any shared vehicle owner’s personal 4
motor vehicle liability insurance policy provides coverage for a motor vehicle during the car 5
sharing period; or 6

(3) precludes a motor vehicle insurer from providing coverage for a shared 7
vehicle owner’s vehicle while the vehicle is made available or used through a peer–to–peer 8
car sharing program if the motor vehicle insurer elects to do so by contract or endorsement. 9

(h)] (1) Coverage under a motor vehicle liability insurance policy maintained 10
by a peer–to–peer car sharing program may not be dependent on the denial of a claim by 11
another motor vehicle insurer. 12

(2) A motor vehicle insurer of a personal motor vehicle liability insurance 13
policy may not be required to first deny a claim. 14

[(i)] (H) A peer–to–peer car sharing program and a shared vehicle owner shall 15
be exempt from vicarious liability [in accordance] CONSISTENT with 49 U.S.C. § 30106 16
and under any state or local law that imposes liability solely based on vehicle ownership. 17

[(j)] (I) In a claim coverage investigation following a vehicular accident, a 18
peer–to–peer car sharing program shall cooperate to facilitate the exchange of information 19
with directly involved parties and any motor vehicle insurer of a shared vehicle owner 20
regarding the vehicle’s use in a peer–to–peer car sharing program. 21

Article – Transportation 22

18.5–102. 23

(a) (1) A peer–to–peer car sharing program shall ensure that, during each car 24
sharing period, the shared vehicle owner and the shared vehicle driver are insured under 25
a motor vehicle liability insurance policy in accordance with § 19 –520 of the Insurance 26
Article. 27

(2) (i) In this paragraph, “replacement vehicle” means a motor vehicle 28
that is used in a peer –to–peer car sharing program while a motor vehicle owned by the 29
individual is not in use because of loss, as “loss” is defined in that individual’s applicable 30
private passenger automobile insurance policy, or because of breakdown, repair, service, or 31
damage. 32

(ii) Subject to subparagraph (iii) of this paragraph, a replacement 33
vehicle OR SHARED MOTOR VEHICLE that is made available through a peer –to–peer car 34
HOUSE BILL 1186 11

sharing program may be deemed to have satisfied the requirement of paragraph (1) of this 1
subsection by maintaining the minimum amount of security required under § 17 –103 of 2
this article that is secondary to any other valid and collectible coverage and that extends 3
coverage to the owner’s motor vehicle in amounts required under § 17–103(b) of this article 4
while it is used as a replacement vehicle OR SHARED MOTOR VEHICLE. 5

(iii) For a replacement vehicle that is made available through a 6
peer–to–peer car sharing program, the peer–to–peer car sharing program agreement for 7
the replacement vehicle to be signed by a shared vehicle owner and a shared vehicle driver 8
shall contain a provision on the face of the peer –to–peer car sharing program agreement, 9
in at least 10 point bold type, that informs the shared vehicle driver and the shared vehicle 10
owner that the coverage on the vehicle being serviced or repaired is primary coverage for 11
the replacement vehicle and the coverage maintained by the peer –to–peer car sharing 12
program on the replacement vehicle is secondary. 13

(b) Notwithstanding any provision of a peer –to–peer car sharing program 14
agreement to the contrary, the security required under this section shall cover the shared 15
vehicle owner and each person driving or using the shared m otor vehicle with the 16
permission of the owner or the peer–to–peer car sharing program. 17

18.5–102.1. 18

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 19
THIS SECTION APPLIES ONLY TO: 20

(I) PEER–TO–PEER CAR SHARING TRA NSACTIONS 21
ORIGINATING IN THE STATE; AND 22

(II) THIRD–PARTY CLAIMS AGAINST A SHARED VEHICLE DRIVER 23
ARISING OUT OF THE S ECURITY REQUIREMENT UNDER § 18.5–102(A)(2) OF THIS 24
SUBTITLE. 25

(2) THIS SECTION DOES NOT APPLY TO A REPLACEME NT VEHICLE 26
UNDER § 18.5–102(A)(2) OF THIS SUBTITLE. 27

(B) A PEER–TO–PEER CAR SHARING PROGRAM SHALL BE RESPONSIBLE FOR 28
PROVIDING THE REQUIR ED SECURITY UNDER § 17–103 OF THIS ARTICLE ON A 29
PRIMARY BASIS FOR A THIRD–PARTY LIABILITY CLAIM IF THE PEER –TO–PEER CAR 30
SHARING PROGRAM: 31

(1) FAILS TO DELIVER NOTICE OF THE CLAIM; 32

(2) FAILS TO COOPERATE WITH THE INSURER; 33

12 HOUSE BILL 1186

(3) PREJUDICED THE HANDLI NG OF THE THIRD –PARTY CLAIM 1
BEFORE THE INSURER ASSUMED THE HANDLING OF THE CLAIM; 2

(4) HAS PROVIDED LIABILIT Y, PROPERTY DAMAGE , UNINSURED 3
MOTORIST, OR OTHER COVERAGE TO THE INSURED THAT IS: 4

(I) ADDITIONAL TO THE INS URANCE COVERAGE REQU IRED 5
UNDER § 19–520(D)(1) OF THE INSURANCE ARTICLE; AND 6

(II) APPLICABLE TO THE THI RD–PARTY CLAIM AS A BENEFIT 7
UNDER A SUPPLEMENTAL INSURANCE POLICY SOL D TO THE SHARED VEHI CLE 8
DRIVER IN CONNECTION WITH, AND INCIDENTAL TO , THE PEER –TO–PEER CAR 9
SHARING TRANSACTION; OR 10

(5) FAILS TO PROVIDE THE DISCLOSURES REQUIRED UNDER § 11
19–520(C)(3) OF THE INSURANCE ARTICLE. 12

18.5–108. 13

(a) (1) A peer–to–peer car sharing program may charge a shared vehicle driver 14
a separately stated fee to recover the following costs incurred by the peer –to–peer car 15
sharing program: 16

[(1)] (I) Any concession fees paid to a government–owned or 17
government–operated: 18

[(i)] 1. Airport; or 19

[(ii)] 2. Other entity; and 20

[(2)] (II) Any other fee or charge imposed by a governmental entity. 21

[(b)] (2) If a peer–to–peer car sharing program advertises the rate available for 22
a shared motor vehicle in the State, the fees authorized under this [section] SUBSECTION 23
shall be clearly disclosed in the advertisement. 24

(B) A PEER–TO–PEER CAR SHARING PRO GRAM MAY TRANSFER MONETARY 25
LIABILITY AND CHARGE A SHARED VEHICLE DRIVER FOR ANY TOLL , FEE, CHARGE, 26
OR FINE IMPOSED FOR ANY ACT OR OMISSION INVOLVING THE SHARED MOTOR 27
VEHICLE THAT OCCURRE D WHILE THE VEHICLE WAS UNDER THE CONTRO L OR 28
POSSESSION OF THE SHARED VEHICLE DRIVER DURING THE CAR SHARING PERIOD. 29

21–202.1. 30

(a) (1) In this section the following words have the meanings indicated. 31
HOUSE BILL 1186 13

(3) (i) “Owner” means the registered owner of a motor vehicle or a 1
lessee of a motor vehicle under a lease of 6 months or more. 2

(ii) “Owner” does not include [a]: 3

1. A motor vehicle rental or leasing company [or a]; 4

2. A holder of a special registration plate issued under Title 5
13, Subtitle 9, Part III of this article; OR 6

3. A PEER–TO–PEER CAR SHARING PRO GRAM UNDER § 7
19–520 OF THE INSURANCE ARTICLE. 8

(5) “Traffic control signal monitoring system” means a device with one or 9
more motor vehicle sensors working in conjunction with a traffic control signal to produce 10
recorded images of motor vehicles entering an intersection against a red signal indication. 11

(d) (1) Unless the driver of the motor vehicle received a citation from a police 12
officer at the time of the violation, the owner or, in accordance with subsection (g)(5) of this 13
section, the driver of a motor vehicl e is subject to a civil penalty if the motor vehicle is 14
recorded by a traffic control signal monitoring system while being operated in violation of 15
§ 21–202(h) of this subtitle. 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.